(A) Establishment and applicability. Legal nonconforming uses, structures and lots are those uses, structures and lots that were legally in compliance before the adoption or amendment of this Chapter or previously adopted city ordinances or annexations into the city, but which are prohibited, regulated, or restricted differently under the terms of this Chapter or future amendments to the Chapter or the Zoning Map.
(1) Nonconforming status may result from any inconsistency with the requirements of this Chapter including, but not limited to, land use, setbacks, lot size, location, density, floor area, height, usable open space, buffering, screening, landscaping, provision of parking, performance standards, or the lack of an approved use permit or other required authorization.
(2) Any legally established use, structure or lot, or legal nonconforming use, structure or lot that is in existence on the effective date of this Chapter, or any subsequent amendment, but does not comply with all of the standards and requirements of this Chapter shall be considered legally nonconforming. Legally nonconforming uses, structures, and lots may only be continued subject to the following requirements of this Chapter.
(B) Legal nonconforming uses.
(1) Expansion of legal nonconforming uses. A legal nonconforming use shall not expand within an existing structure and shall not expand into any other structure or lot that it did not previously occupy, or within a federal patented easement.
(2) Abandonment of legal nonconforming uses. No legal nonconforming use may be resumed, reestablished, or reopened after it has been abandoned, vacated or ceased to be used for a period of 12 or more continuous months, as determined by the Zoning Administrator. The owner/operator of the use may provide evidence of continual operation of the use, such as monthly business receipts or tax returns showing business activity during the time period in question. In cases of providing tax returns, the owner/operator shall waive all confidentiality rights set forth in Arizona law.
(3) Termination of legal nonconforming use. Failure of a nonconforming use to follow the regulations as prescribed in this Chapter shall be prima facie evidence of termination of the legal nonconforming use.
(C) Legal nonconforming structures.
(1) Expansion of legal nonconforming structures. Nonconforming structures shall only be enlarged, expanded or extended in accordance with the terms of this Chapter, or if the Zoning Administrator determines it necessary to meet city or state requirements and/or to meet current requirements of the zone in which the structure is located.
(2) Structural alterations to nonconforming structures (50% rule). Structural elements of nonconforming structures and buildings may be modified, altered, repaired or replaced subject to the cost not exceeding 50% of the value of the building or structure as determined by two competent Arizona certified/registered appraisers chosen by and at the expense of the owner/operator. Structural modifications, alterations, repairs or replacements shall not enlarge or expand the nonconforming structure or building. This paragraph does not include nonconforming signs which are separately regulated in Vol. II, § 1-11-11.
(3) Damaged or partially destroyed structures (50% rule).
(a) A legal nonconforming building or structure that is damaged or partially destroyed may be restored or rebuilt if the cost of repair or reconstruction does not exceed 50% of the current construction value, exclusive of the foundation, of the building or structure as determined by two independent competent Arizona certified/registered appraisers chosen by and at the expense of the owner/operator. Replacement or restoration of the damaged portions of the building shall not exceed the size, extent, and configuration that previously existed, and shall be subject to Building Code requirements.
(b) If the cost of repair or reconstruction of a legal nonconforming building or structure exceeds 50% of the construction value, exclusive of the foundation, of the building or structure replacement, the land and building shall be subject to all of the requirements of this Chapter.
(D) Legal nonconforming lots. Legal nonconforming lots shall be allowed to exist and continue but shall not be reduced in size.
(E) Certificate of legal nonconformity.
(1) No permit or license shall be issued for a nonconforming use or structure until a certificate of legal nonconformity ("certificate") has been issued by the Zoning Administrator. It shall be the burden of the property owner to provide the following information and evidence to establish legal nonconformity:
(a) Such non-conforming use or structure did legally exist on the adoption date of this Chapter;
(b) Such use or structure was not used, operated or maintained in violation of any local, state or federal law; and
(c) Such use or structure is in compliance with applicable federal, state or local laws, regulations or the other requirements, and has not, as of the effective date of this Chapter, been abandoned or vacated for a period of 12 or more continuous months.
(2) The Zoning Administrator shall review and examine the information and evidence provided by the property owner in support of the certificate. If the Zoning Administrator believes that any information set forth by the property owner is incorrect, does not contain substantial competent evidence that the non-conformity was legally established and lawfully maintained prior to the effective date of this Chapter or any amendment thereto creating the non-conformities, the Zoning Administrator may deny the certificate along with a statement of the reasons for the denial. In order that the exact nature and extent of such non-conforming use, structure or lot may be determined, the Zoning Administrator may require at the expense of the owner/operator a survey map prepared by an Arizona registered engineer or registered surveyor showing the location of structures, buildings and property lines. The surveyor or engineer may be chosen by the property owner.
(3) Upon a showing of necessary and sufficient evidence, the Zoning Administrator shall issue a certificate of legal nonconformity which shall be proof that the use, structure and/or lot described therein is lawful and may continue subject to the regulations of this Chapter.
(4) An appeal to the Board of Adjustment may be taken pursuant to Vol. II, § 1-16-5 by any person aggrieved by the decision of the Zoning Administrator.
(Ord. 1402, passed 5-6-2014)