§ 154-04.05  Annexed Areas.
   (A)   Zoning classification.
      (1)   Areas annexed into the city shall, upon the date that said annexation becomes effective, be zoned to the most similar city zoning classification which permits densities and uses no greater than those permitted by the county immediately before annexation, provided that:
         (a)   The zoning district for the annexed area conforms to the land use designation for the area as identified in the General Plan;
         (b)   No subdivision, lot split or lot tie is pending or planned for the area;
         (c)   No change of use is pending or planned for the area;
         (d)   No establishment of a new use is pending or planned for the area; and
         (e)   No expansion of an existing use is pending or planned for the area, excepting therefrom a residential subdivision in its entirety.
      (2)   The city zoning classification for areas annexed into the city shall, for those areas conforming to all the criteria specified in divisions (A)(1)(a) through (A)(1)(e) above, be designated in the ordinance annexing the area.
      (3)   All other areas annexed to the city not meeting the criteria specified in divisions (A)(1)(a) through (A)(1)(e) above shall, upon the date that said annexation becomes effective, be zoned Agriculture District (AG). These areas shall be rezoned in accordance with the process and procedures as specified in A.R.S. § 9-462 pursuant to city ordinances. The rezoning of such areas may be conditioned upon the provision of adequate rights-of-way, avigation easements, median disclosure statements, deposits in lieu of construction for public improvements or other conditions related to the impact of the development of the area upon public services or facilities.
      (4)   Should the property owner enter into a development agreement with the city and that agreement adequately addresses the aforementioned impact of development issues, the annexed area may be then zoned as provided for in division (A)(1) above.
      (5)   The rezoning application fee will be waived for a period of six months following the effective date of annexation for annexed areas that are rezoned in accordance with division (A)(3) above.
   (B)   Building permits.
      (1)   County building permits issued for structures not completed and in areas that are annexed will be transferred to the Division of Building Safety. An inspection shall be made of the construction progress and a record started at the effective date of annexation. Further inspections shall conform to the building plans for which the permit was issued by the county.
      (2)   County building permits issued in the annexed areas shall become null and void if the building or work authorized by such permit is not commenced within 60 days of the effective date of annexation.
   (C)   Nonconforming uses.
      (1)   Any use or activity conducted contrary to county zoning regulations at the effective date of annexation and not constituting a nonconforming use under the county zoning regulations shall not be considered a continuance thereof shall constitute a violation of this chapter.
      (2)   Any use, activity or structure, that is existing at the effective date of annexation under a county permit with a time limit imposed, shall not be a nonconforming use hereunder, but may continue for the extent of the time limit.
('80 Code, App. A, § 20)  (Ord. 583, passed 9-16-1952; Ord. 1730, passed 4-19-1983; Ord. 2235, passed 11-20-1984; Ord. O95-040, passed 9-5-1995; Ord. O2000-35, passed 6-21-2000; Ord. O2000-52, passed 8-2-2000; Ord. O2001-48, passed 6-6-2001; Ord. O2001-53, passed 6-20-2001; Ord. O2010-32, passed 7-7-2010)