The following rules shall apply to all properties in the town on the effective date of this code:
(A) Violations continue. Any violation of the zoning code previously in effect May 13, 2020 will continue to be a violation under this code and shall be subject to the penalties and enforcement provisions provided in §§ 152.105 through 152.112, unless the use, development, construction or other activity complies with the provisions of this code.
(B) Uses rendered nonconforming under prior ordinance. Any legal nonconformity under the previous zoning ordinance also will be a legal nonconformity under this chapter, so long as the situation that resulted in the legal nonconforming status under the previous chapter continues to exist. If a legal nonconformity under the previous chapter becomes conforming because of the adoption of this chapter, then said use or structure will no longer be considered a nonconformity.
(C) Uses rendered nonconforming under this chapter.
(1) When a building, structure, or lot is used for a purpose that was a lawful use before the effective date of this zoning chapter, and this zoning chapter no longer classifies such use as an allowed use in the zoning district in which it is located, such use shall be considered nonconforming and shall be controlled by §§ 152.120 through 152.125.
(D) Applications filed prior to the effective date.
(1) Pending applications filed prior to the effective date.
(a) Complete applications for new developments or amendments including, but not limited to site plan review and approval, conditional use permits, and rezones filed prior to the effective date of this code may be approved under the provisions of the zoning code previously in effect.
(b) Applicants with a complete application that has been submitted for approval, but upon which no final action has been taken prior to the effective date of this zoning chapter, may request review under this zoning chapter by a written letter to the Zoning Administrator.
(c) If the applicant fails to comply with any applicable required period for submittal or other procedural requirements in accordance with the zoning chapter in effect on the date the application was deemed complete, the application shall expire and subsequent applications shall be subject to the requirements of this zoning chapter.
(2) Planning applications filed after the effective date. All applications for new developments including, but not limited to, site plan review and approval, conditional use permits, and rezones, filed on or after the effective date of this zoning chapter, including modifications and amendments, shall conform to the provisions of this zoning chapter.
(E) Developments with approvals or permits.
(1) Conditional use permit approved prior to effective date. An applicant for a use for which a conditional use permit has been approved prior to the effective date of this chapter may file an application for a building permit, even if the use does not fully comply with the provisions of this chapter. If a building permit application is not filed within one year of the date of approval of the conditional use permit, it shall expire. No time extensions shall be permitted. Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.
(2) Final site plan approved prior to effective date. An applicant whose development has received site plan approval prior to the effective date of this chapter may file an application for a building permit in compliance with the approved site plan and any conditions of approval, even if the development does not comply with the provisions of this chapter. Upon approval of construction plans for the development, a building permit may be issued. Site plan approval for developments approved prior to the effective date of this chapter shall be valid for one year from the date of approval. No time extensions shall be permitted. Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.
(3) Preliminary subdivision plat approved prior to effective date. A project which has a preliminary plat approved prior to the effective date of this chapter may file an application for a final subdivision plat and improvement plan approval, even if the subdivision does not fully comply with the provisions of this chapter. If a final plat application is not filed within 18 months as provided by the general development and subdivision regulations, of the date of preliminary plat approval, the preliminary plat shall expire. No time extensions shall be permitted. Subsequent preliminary plat applications shall comply with this zoning chapter and the town general development and subdivision regulations.
(4) Building permit issued prior to effective date. Any building, structure, or sign for which a lawful building permit is issued or for which a complete building permit or sign permit application as determined by the Zoning Administrator has been filed prior to the effective date of this chapter, may be constructed and completed in conformance with the permit and other applicable approvals, permits and conditions, even if such building, structure or sign does not fully comply with this chapter. If construction is not commenced in compliance with the applicable permit terms, the Building Official may grant an extension in compliance with the provisions of the building code. If the building, structure, or sign has not been completed before the building permit or any extension of the permit expires, then the building, structure, or sign shall be constructed, completed or occupied only in compliance with this chapter.
(F) Waiver of requirements.
(1) Properties for which the owner believes the adoption of this chapter has a direct effect upon and has caused a diminution of value. (A.R.S. § 12-1134)
(2) If a property owner has reason to believe the adoption of this chapter and the requirement(s) related to this chapter have directly reduced the fair market value of their property, a waiver of requirements from this chapter, in favor of all requirements of the zoning chapter in effect previous to May 13, 2020, may be applied. Actions establishing the initiation of this waiver must be made before May 13, 2023.
(Ord. 2020-02, passed 4-13-2020)