21-1-6.1: VIOLATIONS CONTINUE:

Any violation of the Zoning Ordinance previously in effect (2004 Zoning Ordinance) will continue to be a violation under this chapter and shall be subject to the penalties and enforcement provisions provided in article VII of this chapter, unless the use, development, construction or other activity complies with the provisions of this chapter. (Ord. 18-880, 7-23-2018)

21-1-6.2: USES RENDERED NONCONFORMING UNDER PRIOR ORDINANCE:

Any legal nonconformity existing under the previous Zoning Ordinance shall also remain a legal nonconformity under this chapter, so long as the condition(s) that resulted in the legal nonconforming status under the previous ordinance continues to exist. If a legal nonconformity under the previous ordinance becomes conforming because of the adoption of this chapter, then said use or structure will no longer be considered a nonconformity. (Ord. 18-880, 7-23-2018)

21-1-6.3: USES RENDERED NONCONFORMING UNDER THIS CHAPTER:

   A.   When a building, structure, or lot is used for a purpose that was a lawful use before the effective date of this chapter, and this 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 article VIII of this chapter.

   B.   Where any building, structure, or lot that legally existed on the effective date of this chapter, and now does not meet all standards set forth in this chapter, such building, structure, or lot shall be considered nonconforming and shall be controlled by article VIII of this chapter. (Ord. 18-880, 7-23-2018)

21-1-6.4: APPLICATIONS FILED PRIOR TO THE EFFECTIVE DATE:

   A.   Pending Applications Filed Prior To The Effective Date:

      1.   Complete applications for new developments or amendments including, but not limited to site plan review and approval, conditional use permits, and rezonings filed prior to the effective date of this chapter may be approved under the provisions of the Zoning Ordinance previously in effect (2004 Zoning Ordinance).

      2.   Applicants who have submitted an application that has been deemed complete, but upon which no formal action has been determined prior to the effective date of this chapter, may request review under this chapter by submitting a written letter to the Community Development Director.

      3.   If the applicant fails to comply with any applicable required period for submittal or other procedural requirements in accordance with the Zoning Ordinance 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 chapter.

   B.   New Applications Filed After The Effective Date:

      1.   All applications for new developments including, but not limited to, site plan review and approval, conditional use permits, and rezonings, filed on or after the effective date of this chapter, including modifications and amendments, shall conform to the provisions of this chapter. (Ord. 18-880, 7-23-2018)

21-1-6.5: DEVELOPMENTS WITH APPROVALS OR PERMITS:

   A.   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 from 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.

   B.   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 plan 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.

   C.   Building Permit Reviewed Or Issued Prior To Effective Date:

      1.   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 Community Development Director, 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.

      2.   For any building, structure, or development for which plans have been reviewed and approved by the City, under the terms of the previous ordinance, the applicant has one hundred eighty (180) calendar days from the date the City notifies him/her that the plans are approved and permits are ready to be issued; and to pay for said permit and commence construction; said building, structure, or development shall be in compliance with this chapter. (Ord. 18-880, 7-23-2018)

21-1-6.6: WAIVER OF REQUIREMENTS:

   A.   Properties For Which The Owner Believes The Adoption Of This Chapter Has A Direct Effect Upon And Has Caused A Diminution Of Value 1 :

      1.   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 Ordinance in effect previous to July 23, 2018, may be applied. Actions establishing the initiation of this waiver must be made before three (3) years from the date of adoption, July 23, 2018. (Ord. 18-880, 7-23-2018; Ord. 19-888, 10-14-2019)

 

Notes

1	1. ARS § 12-1134.

21-1-7: CONFLICTING PROVISIONS:

21-1-7.1: PROVISIONS INTERPRETED AS MINIMUM REQUIREMENTS:

The standards and regulations established by this chapter shall be construed to be the minimum requirements necessary for the promotion of public health, safety, or other general welfare. Minimum values are not intended to be target values. In some instances, conditions may create the need to exceed stated minimum standards. (Ord. 18-880, 7-23-2018)

21-1-7.2: RELATION TO OTHER REGULATIONS:

The regulations of this chapter and requirements or conditions imposed pursuant to this chapter shall not supersede any other regulations or requirements adopted or imposed by the State of Arizona, or any Federal agency that has jurisdiction by law over uses and development authorized by this chapter. All uses and development authorized by this chapter shall comply with all other such regulations and requirements. Where conflict occurs within this chapter or between the provisions of this chapter and any other City ordinance, chapter, resolution, guideline or regulation, (such as, but not limited to, Fire Codes, Building Codes, or engineering standards) the more restrictive provisions shall control, as determined by the Community Development Director, unless otherwise specified herein. (Ord. 18-880, 7-23-2018)