(A) Any structure or use lawfully existing upon the effective date of this chapter may be continued at the size and in the manner of operation existing upon that date except as hereinafter specified and except for any uses previously approved as special, conditional, or temporary uses, which shall be lawful only so long as all terms originally approved are met, including time limitations.
(B) The right to operate and maintain a non-conforming use shall terminate when the structure or structures housing the use are removed, razed, or remodeled to the extent of 50% of the structure’s fair market value as determined by the last equalized assessment role of the County of Maricopa, unless the condition was created as described in division (F) or (H) below.
(C) When any lawful, non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use.
(D) Whenever a lawful non-conforming use of a building or structure has been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, to an extent greater than 50% of its originally appraised value, it shall not be reconstructed, but the property shall revert to a conforming use.
(E) Whenever a lawful non-conforming use of a building or structure or land is discontinued for a period of 90 days, any future use of the building or structure or land shall be in conformity with the provisions of this chapter.
(F) Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary structural repairs, provided the structural repairs do not enlarge or intensify the non-conforming use.
(G) A lawful non-conforming use shall not be changed except in conformance with the use requirements of the zone in which it is located.
(H) Alterations may be made to a structure or building containing lawful non-conforming residential units when they will improve the livability thereof, providing they will not increase the number of dwelling units.
(I) Existing lots.
(1) At the time of the enactment of this chapter, if any owner of a plot of land consisting of one or more adjacent lots in a subdivision of record does not own sufficient contiguous land to enable him or her to conform to the minimum lot size requirements or does not have sufficient lot width to conform to the minimum lot width requirements, the plot of land may nevertheless be used as a building site. The dimensional requirements of the district in which the piece of land is located may be reduced by the smallest amount that will permit a structure of acceptable size to be built upon the lot, the reduction to be determined by the Board of Adjustment.
(2) No lot, even though it may consist of one or more adjacent lots in the same ownership at the time of passage of this chapter, shall be reduced in size so that lot width or size of yards or lot area per family or any other requirement of this chapter is not maintained. This section shall not apply when a portion of a lot is acquired for a public purpose.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)