(A) Continuance. An existing structure or sign that lawfully existed as of the passage of this code and that remains nonconforming, and any nonconformity that is created as a result of the adoption of this code or any subsequent amendment to the text of this code, may be continued or maintained as a legal nonconformity only in accordance with the terms of this section.
(B) Expansion, enlargement and modification. No nonconforming structure or sign may be enlarged or altered in a way that increases its nonconformity, unless said expansion or alteration complies with development standards of the zoning district in which it is located, including but not limited to, setbacks and height limitations applicable to the use for new construction, parking regulations and landscaping and screening requirements of this code, and all other applicable codes and ordinances of the city.
(C) Destruction and replacement. Any legal nonconforming structure or sign when damaged or destroyed by force majeure or some other means, may be restored without impairment to any existing legal nonconforming status, provided:
(1) If more than 50% of the current assessed value of any nonconforming structure or sign is destroyed, it shall not be reconstructed unless it is made to conform to the requirements of this code.
(2) If less than 50% of the current assessed value of any nonconforming structure is destroyed, it may be reconstructed as long as a building permit is submitted within 90 days after the date of destruction, provided the resulting structure complies with current building codes and the size and function of the nonconforming use shall not be expanded. Upon written request, the Director may grant a one-time three month extension for the submittal of a building permit application.
(3) An appraisal, paid for by the owner, shall determine the above assessed value. The appraisal must be done by an Arizona licensed/certified appraiser for structures, or an Arizona licensed sign contractor for signs. A certified assessment from an Arizona licensed structural engineer may also be required by the Director to assure that the structural integrity of the structure or sign has not been diminished beyond repair.
(D) Loss of nonconforming status. If a nonconforming (legal or otherwise) structure or sign has been abandoned or determined to be not in use for a continuous period of six months, the rights to a legal nonconforming status shall terminate and the structure or sign must be brought into compliance with all current codes in effect at the time the structure or sign is to regain use, and before the structure can be reoccupied. If the sign, or any part thereof cannot be brought into compliance and made conforming, for whatever reason, it shall be removed and the building, land or site restored to its previous condition.
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)