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(A) Any existing nonconforming use which is not otherwise unlawful may be hereafter extended throughout any part of a building or structure which was manifestly arranged or designed for such use at the time of the enactment of this chapter, but no building or structure containing a nonconforming use shall, except as may be authorized by a certificate of occupancy, be hereafter extended or enlarged except in conformity with the provisions of this chapter.
(B) No building or structure in which a nonconforming use is abandoned for a period of exceeding two years or is superseded by a permanent conforming use subsequent to the enactment of this chapter, shall again be devoted to any prohibited use.
(C) In no instance shall legally established nonconforming manufactured home parks, recreational vehicle parks and/or recreational vehicle cooperatives be expanded to increase the number of manufactured home spaces or recreational vehicle spaces.
(Ord. O2010-32, passed 7-7-2010)
(A) Any nonconforming building or structure which is hereafter damaged to an extent exceeding 50% of its reproduction value, exclusive of foundations, by fire, flood, earthquake, war, riot or so-called act of God, may not be restored, reconstructed or used for any other than a purpose permitted under the provisions of this chapter governing the district in which the building or structure is located.
(B) The replacement and installation of manufactured home units and recreational vehicle units within a legally established nonconforming manufactured home park, recreational vehicle park and/or recreational vehicle cooperative shall meet the minimum placement standards for the individual unit as required by the Manufacturing Housing Park (MHP) District.
(Ord. O2010-32, passed 7-7-2010)
(A) Nonconforming uses. Any use of land, building or structure lawfully existing at the time the Airport Overlay District or amendments thereto become effective may be continued even though such use does not conform with the regulations of the zoning ordinance or amendments thereto for the Airport Overlay District in which it is located. These special provisions for continuation and reconstruction of legal nonconforming uses shall only apply to uses, structures and buildings which become nonconforming through the adoption of the Airport Overlay District. These special provisions for nonconforming uses will apply since the Airport Overlay District has a large impact area, considerable development presently exists, and a substantial economic hardship would be created if those properties were required to comply with the provisions of the Airport Overlay District and other sections of the zoning ordinance.
(B) Discontinuance of legal nonconforming uses.
(1) In the event that a legal nonconforming use of land, building or structure is discontinued for a period of 12 consecutive months, any future use thereof shall be in conformity with the regulations of the Airport Overlay District and the zoning ordinance.
(2) In the event that a legal nonconforming nonresidential use of land, building or structure is destroyed by fire, flood, earthquake, war, riot or so-called act of God to the extent of 75% of its value, according to the appraisal thereof by competent appraisers, then and without further action by the City Council, the future use thereof shall, from and after the date of such destruction, be subject to all the regulations of the Airport Overlay District in addition to the provisions of the other sections of the zoning ordinance.
(3) In the event that a legal nonconforming residential use of buildings or structures is destroyed to any extent by fire, flood, earthquake, war, riot or so-called act of God, it may be reconstructed, except that such reconstruction shall comply with the provisions of the other sections of the zoning ordinance and other applicable city ordinances, regulations and codes. Such reconstruction shall be limited to 100% of the destroyed structure.
(C) Expansion of a legal nonconforming use.
(1) Nonresidential. A nonresidential legal nonconforming use of land, building or structure shall not be enlarged, extended, reconstructed or structurally altered unless such enlargement, extension, reconstruction or structural alteration, and further use of such property conform with the regulations of the Airport Overlay District in which such property is located, other sections of the zoning ordinance and other applicable city ordinances, regulations and codes. In the event that the above-described nonconformity involves a building or structure, said building or structure shall not be permitted to be relocated elsewhere on the property or enlarged or extended by separate and detached construction.
(2) Residential. A legal nonconforming residential structure may expand if such expansion does not exceed 50% of the floor area of the original structure provided that the expansion is in conformance with the regulations of the district applicable immediately prior to the effective date of the Airport Overlay District, other sections of the zoning ordinance and other applicable city ordinances, regulations and codes. This provision shall not permit the construction of separate and detached residential structures or the relocation of such structure elsewhere on the property.
(3) Accessory structures. The construction, expansion and alteration of accessory structures, such as garages, barns, swimming pools and fences shall be permitted. Said construction, expansion or alteration shall conform to the requirements of the applicable zoning district.
(D) Change of legal nonconforming use. If no structural alterations are made, any legal nonconforming use of land, building or structure may be changed to another legal nonconforming use provided the proposed use is of the same or more restricted classification, upon review and approval by the Building Official and Planning Director. Under no circumstances shall a nonresidential legal nonconforming use be converted to a residential nonconforming use.
('80 Code, App. A, § 122) (Ord. 583, passed 9-16-1952; Ord. 1837, passed 6-20-1979; Ord. 2352, passed 3-18-1987; Ord. O2010-32, passed 7-7-2010)
Any sign or sign structure lawfully existing prior to the effective date of this chapter, whether on-site or off-site, and not meeting the standards and requirements specified herein, shall be considered nonconforming and be subject to the following provisions.
(A) Continuance. The lawful use of any nonconforming sign or sign structure may be continued indefinitely, provided, however, that any addition, enlargement or other alteration which would increase the degree of nonconformity shall be prohibited. Any nonconforming sign or sign structure which is abandoned for a period exceeding one year shall be subject to the requirements of § 154-17.05(E) of this chapter pertaining to removal of abandoned signage.
(B) Repairs and alterations. Repairs and alterations which do not increase the degree of nonconformity shall be permitted, except that if any sign or structure is damaged or has deteriorated to an extent that the cost of repair equals 50% of its replacement value if sound, or if the cost of alteration exceeds 50% of the replacement value, it shall either be rebuilt or replaced in conformance with the standards and requirements of this chapter, or be removed altogether.
(C) Replacement of on-site signage. At such time as the name of an activity changes, any nonconforming on-site signage related to such activity shall either be replaced or modified to meet the requirements of this chapter, unless such signage was previously constructed with interchangeable panels, letters or copy. An act of maintenance or repair, or repainting a previously painted sign face, or repapering a previously papered sign or other similar manner of changing a sign face, none of which would increase the degree of nonconformity, shall not be deemed as replacement hereunder, and shall be permitted.
(Ord. O2010-32, passed 7-7-2010)
Marijuana in any form, including medical and recreational marijuana, is illegal under federal law pursuant to the Controlled Substances Act (21 U.S.C § 811). However, under Arizona State law, the Arizona Medical Act (Proposition 203, passed by the voters in 2010) allows a qualifying patient who has an identified debilitating medical condition, to obtain and use marijuana to treat or alleviate the qualifying debilitating medical condition or its associated symptoms; and the Arizona Smart and Safe Act (Proposition 207, passed by the voters in 2020) allows the responsible adult use of marijuana for persons 21 years of age or older. Both Proposition 203 and 207 contain provisions for dispensaries to provide medical or recreational marijuana to qualifying individuals. These changes in state law mean that it is possible that medical marijuana dispensaries and recreational marijuana establishments could be operating in the City of Yuma. The city has a duty to ensure that the dispensaries are located and operated in a manner that least harms the health, safety and general welfare of its citizens. The purpose of this article is to ensure the health, safety and welfare of the general public. Furthermore, the City of Yuma does not condone the use of marijuana or violation of federal law.
(Ord. O2011-06, passed 3-2-2011; Ord. O2021-002, 2-3-2021)
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