A. Guiding Principles. The following principles and rules are hereby adopted as a guide in the use and application of this code:
1. The powers of the board of supervisors, the planning and zoning commission, the several boards of adjustment, the zoning inspector and all other persons or agencies charged with the administration of this code shall be strictly limited by the expressed intent of the legislature in the enactment of A.R.S. Section 11-801, et seq. and by the language of this code.
2. All terms used herein shall be interpreted according to their common, plain, natural and accepted usage when not otherwise defined herein.
3. In any dispute concerning the application of any provision of this code, that solution shall be favored which is most reasonable with regard to the general purpose of this code and the established and accepted principles of American planning and zoning law.
4. The application of this code to any property or use classified herein shall be governed by all the particular facts in each individual case, and the fundamental rights of any individual owner shall not be prejudiced by reason of being in a minority, either in numbers or in land owned, and any such owner shall be entitled to a balancing of equities of all the interests concerned in said application.
5. The right of every affected property owner to petition and to be heard whenever the application of this code is at issue, shall be strictly observed at all times.
6. No special favors or privileges shall be granted to any individual or group of property owners and no permit shall be issued under the terms of this code which will or might reasonably tend to destroy the established economic or social uses and values of adjacent or surrounding properties.
7. On every application of this code to any given area, the relative importance of the interests involved shall be as follows:
a. First, established conforming uses of adjacent or surrounding properties having an equal or higher classification;
b. Second, the cost of tax-supported and other public services to the area affected, and the increased or decreased share of this cost which might be borne by said area if a proposed use or change of classification is permitted; and
c. Third, the value of the proposed classifications and uses to the orderly development of the neighborhood or area affected.
8. The theory and use of "spot" zoning is hereby specifically repudiated in the application of any classification of this code to any given land area.
B. Regulations. Except as hereinafter provided:
1. All property, except that covered by statutory exemptions, shall be hereby governed according to the type of zone in which the same is located, as shown on the zoning maps adopted and made part hereof, and shall be subject to the regulations hereinafter set froth for such zones, the regulations applying to specific uses and the general regulations hereinafter set forth;
2. When property designated for use in a specific zone is restricted in any manner, it shall be so labeled with an (R) so as to indicate that upon the public record restrictions exist;
3. No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this code, or amendments thereto, as permitted in the zone in which such land, building or premises is located;
4. No building shall be erected, nor shall any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this code, or amendments thereto, for the zone in which such building is located;
5. No building shall be erected, nor shall any existing building be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building-site requirements and the area and yard regulations established by this code, or amendments thereto, for the zone in which such building is located;
6. No yard or other space provided about any building for the purpose of complying with the regulations of this code, or amendments thereto, shall be considered as providing a yard or open space for any other building or structure;
7. No structure shall be erected in a required front yard, side yard or rear yard, except as specifically permitted herein; and
8. The express enumeration and authorization herein of a particular class of building, structure, premises or use in a zone shall be deemed a prohibition of such building, structure, premises or use in all other zones of more restrictive classification.
C. Statutory Exemptions.
1. As specified in A.R.S. Section 11-830, the provisions of this code shall not prevent, restrict or otherwise regulate in any district or zone the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, as defined herein, provided the tract or premises so used is not less than five contiguous commercial acres.
2. Land shall be classified as being used for:
a. Grazing purposes when fifty percent or more of the owner's income from said land is derived from the use of, or from the rental of said land for grazing purposes; or
b. General agricultural purposes when fifty percent or more of the owner's income from said land is derived from the production of agricultural products or from the rental of said land for the production of said products.
3. Under A.R.S. Section 11-269.10, the provisions of this code do not prohibit a resident from parking of a motor vehicle on a street or driveway in the county if the vehicle is required to be available at designated periods at the person's residence as a condition of the person's employment and either of the following applies:
a. The resident is employed by a public service corporation that is regulated by the corporation commission, an entity regulated by the federal energy regulatory commission or a municipal utility and the public service corporation, federally regulated utility or municipal utility is required to prepare for emergency deployments of personnel and equipment for repair or maintenance of natural gas, electrical, telecommunications or water infrastructure, the vehicle has a gross vehicle weight rating of twenty thousand pounds or less and is owned or operated by the public service corporation, federally regulated utility or municipal utility and the vehicle bears an official emblem or other visible designation of the public service corporation, federally regulated utility or municipal utility.
b. The resident is employed by a public safety agency, including police or fire service for a federal, state, local or tribal agency or a private fire service provider or an ambulance service provider that is regulated pursuant to title 36, chapter 21.1, and the vehicle has a gross vehicle weight rating of ten thousand pounds or less and bears an official emblem or other visible designation of that agency.
4. For the purposes of this section, "telecommunications" means the transmission of information of the user's choosing between or among points specified by the user without change in the form or content of the information as sent and received. Telecommunications does not include commercial mobile radio services.
D. Provisions for Nonconforming Uses and Buildings.
1. Nonconforming Uses Exempted.
a. As specified in A.R.S. Section 11-812, the provisions of this code shall not affect existing uses of property or the right to its continued use or the reasonable repair or alteration thereof for the purpose for which used on February 16, 1953, or for any other use of the same or a more restrictive classification.
b. A nonconforming business use within any district or zone shall have the right to expansion, provided it does not exceed one hundred percent of the area of the original business. Area of the original business is defined as being any land or building, or both, improved for a business purpose.
c. The term "business use," as used in this subsection, shall be limited to the uses described in Sections 18.31.010(B) (TR transitional zone), 18.43.030(B) (CB-1 local business zone), 18.45.030(B) and (C) (CB-2 general business zone), 18.51.030(B) and (C) (CI-1 light industrial/ware-housing zone), and 18.43.030(B), (D) and (F) (CI-2 general industrial zone) of this code.
2. Nonconforming Use of Land. The lawful use of land existing at the time this code or any preceding Pima County zoning ordinance became effective, or on the effective date of any amendment of the text or of the maps hereof, although such use does not conform to the provisions hereof for said land, may be continued, but if such nonconforming use is discontinued for a period of twelve months, any future use of said land shall be in conformity with the provisions of this code.
3. Nonconforming Use of Buildings.
a. The lawful use of a building existing on February 16, 1953, although such use does not conform with the provisions hereof for such building and such use, may be continued provided no structural alterations, except those required by law or ordinance or permitted by the board of adjustment (Chapter 18.93, boards of adjustment and appeals) under this code, are made herein.
b. If any such nonconforming use is discontinued for a period of twelve months, any future use of said building shall be in conformity with the provisions of this code; provided, that the owner of any building which was under construction or vacant on February 16, 1953, and was designed for a use not in conformity with the zoning classification in which it was located on said date, may, upon application, have a certificate of nonconforming use issued by the zoning inspector within sixty days from February 16, 1953, which certificate shall establish the nonconforming character of said building for a period not to exceed twelve months from February 16, 1953. Occupancy of said building by a use permitted under said certificate during said period shall establish said use as a nonconforming use under this subsection. A certificate for an additional period of not more than twelve months may be granted by the board at or before the expiration of the original certificate upon the showing of extreme hardship and that the surrounding area would not be subject to additional damage thereby.
4. Plans for Nonconforming Use.
a. Any owner of land zoned under this code shall file in writing with the planning and zoning commission within one hundred eighty days after February 16, 1953, a plan of development for such land, including uses not permitted by the zoning, shall be issued a special nonconforming hardship use permit by the board of adjustment for said proposed development, or any part thereof, at any time within two years from February 16, 1953.
b. If any temporary governmental regulation prohibiting the proposed development is in full force and effect during said two-year period, the time limit shall be extended for an additional period equal to the time said governmental regulation is in effect, but no such permit shall be issued more than five years after February 16, 1953.
c. Said plan of development with necessary plans and sketches shall show the legal description of the land and the location of proposed buildings and improvements in sufficient detail to determine the conformity or nonconformity of the proposed uses. Any use proposed in any such plan of development shall conform to the minimum standards of the most restrictive zone in which said use would be a nonconforming use under this code.
5. Alteration of Nonconforming Buildings. No existing building designed, arranged or intended for or devoted to a use not permitted under the regulations of this code for the zone in which located shall be enlarged, extended, reconstructed or structurally altered unless such building and such enlargement, extension, reconstruction and structural alterations, and the further use thereof, conform in every respect with the regulations specified by this code for such zone in which said building is located, except a nonconforming business use as provided in Section 18.01.030(D)(1) and except as provided in Section 18.01.030(D)(7), but nothing in this subsection shall authorize the violation of any setback, health or sanitary law, ordinance or regulation not a part of this code.
6. Destroyed Nonconforming Buildings.
a. If, at any time, any building in existence or maintained on February 16, 1953, and which does not conform to the regulations for the zone in which it is located, shall be destroyed by fire, explosion, act of God or act of the public enemy to the extent of one hundred percent of its value, according to the appraisal thereof by competent appraisers, then and without further action by the board of supervisors the said building and the land on which said building was located or maintained shall from and after the date of such destruction be subject to all of the regulations specified by this code for the zone in which such land and building are located.
b. In the event a building is destroyed to the extent of one hundred percent of its value, the owner thereof shall have the right to rebuild for said use; provided said structure is rebuilt in conformance with the requirements of the most restrictive zone in which said nonconforming use would otherwise be permitted and provided permits for such construction is obtained within three months of the date of destruction and such construction is started within six months of the date of destruction.
7. Exception for Green Building Upgrades and Renovations that Reduce Energy or Water Consumption. Notwithstanding Sections 18.01.030(D)(3)(a) or 18.01.030(D)(5), structural alterations, excluding enlargement and extension except as provided below, necessary for green building upgrades and renovations that reduce energy or water consumption are permitted without the requirement for the lawful nonconforming aspects of the building or use to be brought into conformance with the regulations specified in this code and shall not require submittal of a development plan for review and approval in accordance with Section 18.71.010(B). For the purposes of this section, permitted enlargement and extension includes the installation of rainwater harvesting systems, ground- or roof-mounted solar energy systems, roof eaves or overhangs, attached shade structures or detached shade structures extending three feet or less from the main building, roofed porches, and green roofs. Green building upgrades and renovations must reduce energy or water consumption. Examples include, but are not limited to, lighting, air barrier, duct insulation, duct sealing, attic insulation, wall insulation, plumbing fixtures, windows, HVAC, domestic solar hot water system, solar photovoltaic system, water harvesting cistern, roof eaves or overhangs, attached shade structures or detached shade structures extending three feet or less from the main building, roofed porches, vegetated roofs, and Energy Star qualified roof product, or as determined by the chief zoning inspector or designee.
E. Zoning Permits.
1. A zoning use permit shall be required for the erection, construction, reconstruction or alteration of any structure, or the change in use of any property or structure, whether or not the activity requires a building permit.
2. A zoning use permit is required for the above activities when the activities do not require a building permit, except that an accessory building or accessory structure of two hundred square feet or less in area does not require a zoning use permit when the cost of the accessory building or accessory structure is one thousand dollars or less. However, accessory buildings and structures of two hundred square feet or less are still subject to development standards of the underlying zone.
F. Time Limits for Development Plans, Tentative Subdivision Plats and Type II Grading Permits. Notwithstanding any other provisions in this title, the director of development services, or designee, may grant approvals for development plans, tentative subdivision plats and Type II grading permits for up to three years. Time limit extensions may be granted in accordance with Section 18.01.030(G).
G. Time Limit Extensions for Development Plans, Tentative Subdivision Plats and Type II Grading Permits. Notwithstanding any other provisions of this title, the director of development services, or designee, may grant time limit extensions for development plans, tentative subdivision plats and Type II grading permits. Time limit extensions may be granted for up to three years. An applicant for an extension must pay a fee per the board of supervisors' adopted fee ordinance and demonstrate that unforeseen circumstances beyond the applicant's control caused the applicant to need the extension.
(Ord. 2013-42, § 1, 2013; Ord. 2012-24 § 1, 2012; Ord. 2011-45 § 1, 2011; Ord. 2009-59 § 1, 2009; Ord. 2009-35 § 1, 2009; Ord. 2004-59 § 1, 2004; Ord. 1994-135 § 1, 1994; Ord. 1985-188 § 1 (part), 1985; Ord. 1985-82 (part), 1985)