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(A) In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote the health, safety, morals or general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other requirements. Except as herein provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any existing provision of law or ordinances or any rules, regulations or permits previously adopted, except that any structures or uses of land or buildings commenced after the enactment of this chapter shall be subject to its provisions, and where there is a conflict between any previous law or ordinance, rule or regulation which might otherwise affect such structure or use, the provisions of this chapter shall control.
(B) Where any action in regard to a structure or use is regulated or controlled by more than one provision of this chapter, such action shall comply with all applicable provisions of both regulations, except that if a conflict exists the limitation or requirement which is most restrictive shall govern.
(C) The land use conformity matrix shall be used to determine consistency with the General Plan for zoning district changes. Arizona state law requires all zoning or rezoning ordinances, regulations or specific plans to be consistent with and conform to the land use element of the General Plan. The City General Plan land use element prescribes a range of land uses. This chapter prescribes a range of allowable uses and development standards for zoning districts of the city. The land use conformity matrix identifies the appropriate city zoning districts that are consistent with and conform to each land use designation identified in the General Plan land use element. The land use conformity matrix meets the purpose and intent of the General Plan to provide a guide for land use, development and on-going planning activities.
('80 Code, App. A, § 10) (Ord. 583, passed 9-16-1952; Ord. 1979, passed 1-7-1981; Ord. O2001-83, passed 10-3-2001; Ord. O2010-32, passed 7-7-2010)
(A) Future changes; zoning effects, every structure and use. Except as hereinafter provided, no building, structure or premises shall hereafter be used, and no building or structure or part thereof shall be constructed, erected, leased, reconstructed, extended, moved, enlarged or materially altered except in conformity with the provision of this chapter for the district in which it is located.
(B) Ordinance not retroactive. If, at the time of the enactment of this chapter, any lot, building or structure is being used in a manner or for a purpose which does not conform to the provisions of this chapter and which is not prohibited by some other ordinance, such manner or use or purpose may be continued.
(Ord. O2010-32, passed 7-7-2010)
(A) Officials and employees. All officials and employees of the city vested with the authority or duty to issue permits shall conform to the provisions of this chapter and shall issue no permit, certificate or license for uses, purposes, buildings or structures in conflict with the provisions of this chapter; any such permit, certificate or license issued in conflict with the provisions of this chapter shall be null and void.
(B) Violations. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter, and any use of any land, building or premise established, conducted, operated or maintained contrary to the provisions of this chapter shall be, and the same is hereby, declared to be unlawful and a public nuisance; the Zoning Administrator shall immediately commence action or proceedings to abate, to remove or to enjoin occupancy of such building, structure or land in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant relief as will abate and remove such buildings or structures, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, occupying or using any such building or structure or using property contrary to the provisions of this chapter. The remedies provided for herein shall be cumulative and not exclusive.
('80 Code, App. A, § 200) (Ord. 583, passed 9-16-1952; Ord. 1378, passed 9-4-1974; Ord. O2010-32, passed 7-7-2010)
Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which a building permit has been granted before this chapter becomes effective and the construction of which from such plans shall have been started within 60 days after this chapter becomes effective; except that if the building operation in question is discontinued for a period of not less than 60 days, any further construction shall be in conformity with the provisions of this chapter.
('80 Code, App. A, § 220) (Ord. 583, passed 9-16-1952; Ord. O2010-32, passed 7-7-2010)
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