ARTICLE VIII. NONCONFORMITIES

SECTION:

21-8-1: Purpose

21-8-2: General Provisions

21-8-2.1: Authority To Continue

21-8-2.2: Determination Of Nonconformance Status

21-8-2.3: Change Of Ownership Or Tenancy

21-8-2.4: Maintenance And Minor Repair

21-8-3: Nonconforming Buildings And Structures

21-8-3.1: Continuance

21-8-3.2: Expansion, Enlargement And Modification

21-8-3.3: Destruction And Replacement

21-8-4: Nonconforming Uses

21-8-4.1: Expansion, Enlargement And Modification

21-8-4.2: Change Of Use

21-8-4.3: Loss Of Nonconforming Status

21-8-4.4: Conditional Uses

21-8-5: Nonconforming Lots Of Record

21-8-6: Nonconforming Signs

21-8-1: PURPOSE:

   A.   The purpose of this article is to both protect the rights of legally existing nonconforming buildings, uses, lots, and signs as well as to maintain their continued existence under specific development conditions in the City. It is also the intent of this article to curtail additional investment in nonconforming circumstances and to either bring about their eventual improvement to updated standards or move towards their elimination.

   B.   Any use or activity lawfully conducted under Pinal County zoning regulations at the effective date of annexation or under previous zoning regulations in effect at the adoption of this article, or any amendment, shall be considered a legal nonconforming use under this article.

   C.   Nonconformities for which development or redevelopment flexibility is provided under sections 21-2-7, "Overlay Zoning Districts", and 21-2-7.17, "Downtown Core Overlay (DCO)", of this chapter are exempt from these provisions, subject to Community Development Director approval. (Ord. 18-880, 7-23-2018)

21-8-2: GENERAL PROVISIONS:

21-8-2.1: AUTHORITY TO CONTINUE:

Any nonconforming use of land or a nonconforming use of a conforming structure that lawfully existed as of the effective date of this chapter and such use remains nonconforming, and any nonconformity that is created as a result of the adoption of this chapter or any subsequent amendment to the text of this chapter, may be continued or maintained as a legal nonconformity only in accordance with the terms of this article. (Ord. 18-880, 7-23-2018)

21-8-2.2: DETERMINATION OF NONCONFORMANCE STATUS:

In other than criminal proceedings, the owner, occupant or user shall be solely responsible to demonstrate that a nonconforming structure, lot or use was lawfully established prior to the effective date of this chapter. (Ord. 18-880, 7-23-2018)

21-8-2.3: CHANGE OF OWNERSHIP OR TENANCY:

Changes of ownership, tenancy, or management of property with an existing nonconformity may occur, but such nonconformities may continue (and may not be expanded) and shall be subject to the provisions of this article. (Ord. 18-880, 7-23-2018)

21-8-2.4: MAINTENANCE AND MINOR REPAIR:

Minor repairs or maintenance of nonconformities are permitted, provided that the minor repairs and maintenance do not increase the extent of nonconformity. For purposes of this section, "maintenance or minor repair" shall mean:

   A.   Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or exterior or interior appearance of a building or structure, utilizing the same materials and methods, without expanding the building or structure;

   B.   Maintenance of land areas to minimize health and environmental hazards; and

   C.   Repairs that are required to remedy unsafe structural conditions that cause a threat to public safety and/or welfare. (Ord. 18-880, 7-23-2018)

21-8-3: NONCONFORMING BUILDINGS AND STRUCTURES:

21-8-3.1: CONTINUANCE:

An existing building or structure that lawfully existed as of the effective date of this chapter and such structure that remains nonconforming, and any nonconformity that is created as a result of the adoption of this chapter or any subsequent amendment to the text of this chapter, may be continued or maintained as a nonconformity only in accordance with the terms of this section 21-8-3. (Ord. 18-880, 7-23-2018)