Oklahoma Administrative Code
Title 120 - Capitol-Medical Center Improvement and Zoning Commission
Chapter 10 - Zoning Regulations for the Capitol-Medical Center Improvement and Zoning District
Subchapter 9 - Non-Conforming Buildings, Structures and Uses of Land
Section 120:10-9-1.1 - Non-conforming buildings, structures and uses of land

Universal Citation: OK Admin Code 120:10-9-1.1

Current through Vol. 41, No. 13, March 15, 2024

Non-conforming buildings, structures or uses existing at the time of adoption of this Section may be continued and maintained except as otherwise provided in this Section.

(1) Applicability. This Section applies to those buildings, structures, or uses of land validly maintained and in conformance with its prior zoning classification and restrictions.

(2) Alteration or enlargement of buildings and structures. A non-conforming building or structure shall not be added to or enlarged in any manner unless said building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located; provided, however, that if a building or structure is conforming as to use, but nonconforming as to yard or height or off-street parking space, the building or structure may be enlarged or added to provided that the enlargement or addition complies with the yard or height requirements and the existing building and the addition complies with the off-street parking requirements of the district in which said building or structure is located. No non-conforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of said building or structure is made to conform to all of the regulations of the district in which it is located.

(3) Outdoor advertising signs and structures. Any advertising sign, billboard, commercial advertising structure, or statuary which is lawfully existing and maintained at the time this Section becomes effective, which does not conform with the provisions hereof, shall not be structurally altered, and all such non-conforming advertising signs, billboards, commercial advertising structures and statuary and their supporting members shall be completely removed from the premises not later than 3 years from the effective date of this Section.

(4) Building vacancy. A non-conforming building, structure or portion thereof, which is or hereafter becomes vacant and remains unoccupied for a continuous period of 1 year shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.

(5) Change of use.

(A) A non-conforming use of a conforming building or structure, i.e., commercial use in a dwelling etc., shall not be expanded or extended into any other portion of such conforming building, or structure nor changes except to a conforming use. If such a non-conforming use or a portion thereof is discontinued or changed to a conforming use, any future use of the building, or structure, or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located. A vacant or partially vacant non-conforming building or structure may be occupied by a use for which the building or structure was designed or intended to be occupied within a period of 1 year after the effective date of this Section.

(B) The use of a non-conforming building or structure may be changed to a use of the same or a more restricted district classification; but where the use of a non-conforming building or structure is changed to a use of a more restricted district classification, it thereafter shall not be changed to a use of a less restrictive district classification.

(C) A building or structure that is non-conforming as to use at the time of adoption of this Section, or at any time thereafter, shall not be converted to or in any manner used as a wholesale or retail liquor store unless such change in uses conforms to the provisions of the district in which it is located.

(D) When a building, the use of which does not conform to the provision, is damaged by fire, explosion, Act of God, or the public enemy, to the extent of more than 60% of its true value, it shall not be restored except in conformity with the district regulations.

(6) Violation. Nothing in this Section is intended to allow the continuance of a building, structure or use of land maintained contrary to and in violation of zoning restrictions applicable to that property prior to the adoption of a new classification.

Added at 26 Ok Reg 2819, eff 6-22-09 (emergency); Added at 27 Ok Reg 912, eff 5-13-10

Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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