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§ 14.05.05 PRE-EXISTING DEVELOPMENT AND NONCONFORMITIES.
   A.   Purpose. Within the zoning districts established by this Development Code, there exist land uses, structures, and parcels that were lawful at the time they were established, constructed, or formed, but that are
now prohibited, regulated, or restricted differently under the terms of this Development Code. This section establishes uniform provisions for the regulation of these legal nonconforming land uses, structures, and parcels. In addition, § 14.02.06B. includes additional regulations that apply to nonconformities in the Airport Overlay District.
   B.   Nonconforming structures.
      1.   Continuation. A nonconforming structure may be continued, transferred, or sold; and may undergo normal and necessary maintenance and repairs; provided that no structural alterations are made.
      2.   Loss of status through substantial damage.
         a.   If a nonconforming structure or a conforming structure used for a nonconforming use is damaged or destroyed due to a catastrophic event and the cost of repairing or replacing the structure is greater than 50% of the current appraised value of the structure as shown on the County Assessor’s records, or as established by a state licensed appraiser, the right to continue occupancy of the nonconforming structure or to continue the nonconforming use shall cease.
         b.   If the cost of repairing or replacing the structure does not exceed 50% of the current appraised value of the structure, as shown in the County Assessor’s records or established by a state licensed appraiser, the structure may be restored and the use continued if the restoration is started within 1 year of the date of damage or destruction and is completed within 2 years of the date of damage or destruction.
      3.   Exemption for residential units. Notwithstanding the provisions of division B.2. above, nonconforming single-, 2- and multi-family residential dwelling units damaged or destroyed due to a catastrophic event may be reconstructed or replaced with a new structure(s) using the same development standards applied to the damaged or destroyed structure(s) if completed within 1 year of the catastrophic event. The new construction shall comply with the current building and fire code requirements.
      4.   Special provision for MU-UMS and R-UMS Districts. A nonconforming building or other structure may be allowed a tenant improvement or added to, provided 50% or more of the existing floor area or 50% of the assessed value is not exceeded.
      5.   Special provisions for Airport Overlay District. Whenever the Zoning Administrator determines that a nonconforming structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow the structure to exceed the applicable height limit or otherwise deviate from the zoning regulations.
   C.   Nonconforming uses of land and structures.
      1.   Continuation. A nonconforming use of land and structures may be continued, transferred, or sold; provided, the use shall not be enlarged or intensified, nor be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use.
      2.   Special provision for MU-UMS and R-UMS Districts.
         a.   Restaurant/café uses established or existing within a nonconforming building and/or with nonconforming parking may provide outdoor seating within the right-of-way as set forth in § 14.03.03E.4.
         b.   A change of an existing permitted use to another permitted use will not trigger compliance with UMS District standards.
      3.   Loss of status through discontinuance. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a period of at least 180 consecutive days or a total of 12 non-consecutive months, rights to a legal nonconforming status shall terminate, regardless of the owner’s intention to abandon.
   D.   Nonconforming home occupations.
      1.   Continuation. Nonconforming uses, legal under this Development Code, shall continue as legal nonconforming uses under the current Code until one of the events in division D.2. below occurs.
      2.   Loss of status. The nonconforming status of the home occupation shall be lost if:
         a.   The operator ceases to do business for a period of 60 days or more;
         b.    The operator fails to maintain a proper business license for more than 30 days; or
         c.    The business is moved to a new location.
      3.   No restarting after loss of status. If lost, a legal nonconforming status cannot be regained and the use shall be subject to the applicable regulations of this Development Code, and, as of July 1, 1997 and thereafter, shall comply with the use-specific standards in §§ 14.03.03E.2.h. and 14.03.03E.2.k.
   E.   Nonconforming site features.
      1.   Continuation. A nonconforming site feature, including but not limited to parking, landscaping, or lighting, may be continued; and may undergo normal and necessary maintenance and repairs; provided that the degree of nonconformity is not increased.
      2.   Loss of status when status of use or building is lost. When a nonconforming use or building loses its nonconforming status pursuant to divisions B. or C. above, the nonconforming site feature also loses its nonconforming status. Any requirement that the use or structure be brought into compliance with the provisions of this development code shall require that the nonconforming site features also be brought into conformance.
      3.   Special provision for MU-UMS and R-UMS Districts. A property with nonconforming parking is allowed a change of an existing permitted use to another permitted use and will not trigger compliance with MU-UMS and R-UMS parking standards provided that the conditions of division B.1. above are met.
      4.   Special provisions for Airport Overlay District. Whenever the Zoning Administrator determines that a nonconforming tree has been more than 80% torn down, physically deteriorated, or decayed, no permit shall be granted that would allow the tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
   F.   Nonconforming parcels and lots. If a parcel or lot was legally created, but no longer meets the minimum size, width, or other requirements of the zone district in which it is located, the lot may still be improved with those primary and accessory structures permitted in the zone district where it is located, and may
be put to the primary and accessory uses permitted in the zone district where it is located, provided that the structure and use comply with all requirements applicable to other lots in that zone district, including but not limited to minimum building setbacks, minimum parking requirements, and maximum lot coverage by buildings.
   G.   Nonconforming signs.
      1.   Legal nonconforming status. A sign located within the city as of the date of adoption of this Development Code that does not conform with the provisions of this chapter is eligible for characterization as a “legal nonconforming” sign and is allowed; provided, it also meets the following requirements:
         a.   The sign was issued a permit before the date of adoption of this Development Code, if 1 was required under the applicable law.
         b.   If no permit was required under the applicable law, the sign was in compliance in all respects with the applicable law on the date of adoption of this Development Code.
      2.   Loss of status. A legal nonconforming sign shall immediately lose its legal nonconforming designation if any 1 of the following occurs:
         a.   The sign is structurally altered.
         b.   The sign is relocated.
         c.   The sign is abandoned as defined in Article VI (Definitions and Rules of Construction) for a period of 60 days or more.
      3.   Result of loss of legal nonconforming status. A sign that loses its legal nonconforming status shall be immediately brought into conformance with this chapter and an accompanying permit, or shall be removed.
      4.   Maintenance and repair of legal nonconforming signs. Nothing in this chapter shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this chapter regarding safety, maintenance, and repair of signs; provided, that any repainting, cleaning, or other normal maintenance or repair of the sign or copy that in any way makes it more nonconforming may cause the sign to lose its legal nonconforming status.
(Ord. 16-1141, passed 2-23-2016)
§ 14.05.06 VIOLATIONS, ENFORCEMENT, AND PENALTIES.
   A.   Purpose. The purpose of this chapter is to provide procedures that are intended to ensure compliance with the requirements of this Development Code and any conditions of land use permit or subdivision approval, to promote the city's planning efforts, and for the protection of the public health, safety, and general welfare of the city.
   B.   Official duty to enforce.
      1.   Responsibility to enforce. The Zoning Administrator is charged with the responsibility to enforce the provisions of this Development Code and any conditions of land use permit or subdivision approval, and may:
         a.   Exercise the authority provided in divisions D. and E. below; and
         b.   Issue civil citations for any violation(s) of this Development Code pertaining to the use of any land and the addition, alteration, construction, conversion, erection, installation, moving, reconstruction, or use of any structure.
      2.   Other city officials. All officials of the city charged by the law with the general duty of enforcing city codes and ordinances shall also enforce the provisions of this Development Code.
   C.   General provisions.
      1.   Permits and licenses. All departments, officials, and public employees of the city who are assigned the authority or duty to issue permits or licenses shall comply with state law (A.R.S. § 9-462.05) and the provisions of this Development Code. Permits for uses or structures that would be in conflict with the provisions of this Development Code shall not be issued. Any permit issued in conflict with the provisions of this Development Code shall be deemed void. Any action taken by an official or public employee of the city in conflict with the provisions of this Development Code shall be deemed void.
      2.   Inspections.
         a.   Preapproval inspections. Every applicant seeking a permit or any other action in compliance with this Development Code shall allow the city officials handling the application access to any premises or property that is the subject of the application.
         b.   Post approval inspections. If the permit or other action is approved, the owner or applicant shall allow appropriate city officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.
      3.   Responsible party. The owner and/or person in possession of any property used in violation of this Development Code are responsible for any prohibited act(s) or violation(s) on the subject property.
         a.   Owner's responsibility. The owner's responsibility applies whether or not the owner, or agent, is aware of the prohibited act(s), has committed the prohibited act(s), or has neglected to prevent the performance of the prohibited act(s) by another person(s).
         b.   Person in possession's responsibility. The person in possession's responsibility applies whether or not the person in possession, or agent, is aware of the prohibited act(s), has committed the prohibited act(s), or has neglected to prevent the performance of the prohibited act(s) by another person(s).
      4.   Additional permit processing fees. Any person who alters, constructs, converts, enlarges, erects, establishes, installs, maintains, moves, or operates any land use or structure without first obtaining a permit or entitlement required by this Development Code, shall pay the additional permit processing fees established by the Council's fee resolution for the correction of the violation(s), before being granted a permit for a use or structure on the site.
   D.   Administrative remedies.
      1.   Permit revocation or modification. This section provides procedures for securing punitive revocation or modification of previously approved land use permits or entitlements. The city's action to revoke an entitlement shall have the effect of terminating the entitlement and denying the privileges granted by the original approval. The city's action to modify an entitlement, rather than to revoke it, shall have the effect of changing the operational aspects of the entitlement; the changes included in a modification the operational aspects related to buffers, duration of the entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, and the like.
      2.   Hearings and notice.
         a.   Upon violation of any applicable provision of this Development Code or if granted subject to conditions, upon failure to comply with those conditions, the permit or entitlement shall be suspended by action of the Zoning Administrator, in compliance with this section.
         b.   The Zoning Administrator shall give written notice to the applicant of the intent to suspend or revoke the permit and provide the basis for the suspension or revocation.
         c.   The applicant shall have 30 days from the date of the Zoning Administrator's notification to take remedial actions to correct the conditions of suspension or revocation.
         d.   At the end of the 30-day notification period the Zoning Administrator shall conduct a re-inspection, and if not satisfied that the basis for the suspension is being complied with, may revoke the permit.
         e.   The applicant, within 30 days from the date of the Zoning Administrator's notification to revoke the permit, may file an appeal to the BOA in compliance with § 14.05.03.O.
         f.   The applicant may also appeal the BOA determination to the Council, in compliance with § 14.05.03.O.
      3.   Review authority's action.
         a.   A land use permit, minor variance, major variance, or entitlement may be revoked or modified by the review authority that originally approved the permit, minor variance, major variance, or entitlement if any 1 of the following findings of fact can be made in a positive manner:
            i.   Circumstances under which the permit was granted have been changed by the applicant to a degree that 1 or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety, and welfare require the revocation;
            ii.   The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing for the permit;
            iii.   One or more of the conditions of the permit have not been substantially fulfilled or have been violated;
            iv.   The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation, or statute; or
            v.   The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare, or the manner of operation constitutes or is creating a public nuisance.
         b.   In addition to finding that at least 1 of the findings in division D.3.a. can be made in a positive manner, in order to modify or revoke a minor or major variance, the reviewing authority must also make a finding that the grantee has not substantially exercised the rights granted by the minor or major variance.
   E.   Legal remedies. In addition to, or in lieu of, pursuing the administrative remedies in division D above, a violation of this title may be enforced as described in Chapter 1.12 of this Code.
(Ord. 17-1188, § 1, passed 11-14-2017; Ord. 16-1141, passed 2-23-2016)
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