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Carefree City Zoning Code

ARTICLE XI

NONCONFORMING USES

Section 11.01 General

   (1)   This Article provides for the regulation of legal nonconforming buildings, structures, uses, and lots. These regulations are designed to protect the rights of legally existing nonconforming buildings, structures, uses, and lots but not promote expansion or enlargement. The buildings, structures, uses, and lots will be encouraged to convert to a conforming use in the future.
   (2)   Any use or activity lawfully conducted under County zoning regulations at the effective date of incorporation, annexation, or under previous zoning regulations in effect at the adoption of this Ordinance, or any amendment, shall be considered a legal nonconforming use under this Ordinance.

Section 11.02 Nonconforming Buildings, Structures, and Uses

   (1)   No structural or physical alteration shall be made to any nonconforming building, structure, or lot unless otherwise allowed by these regulations. This requirement does not prohibit routine repairs or maintenance.
   (2)   No expansion shall be made of any nonconforming building, structure, or use unless such expansion conforms to the regulations specified for the district in which it is located. In cases where the nonconforming use occupies a building, structure, or any portion of a site, expanding the use into an additional building or land area shall constitute an extension and shall not be allowed.
   (3)   Any nonconforming building, structure, or use, or one (1) or more of a group of nonconforming buildings, structures, or uses related to one (1) industry and under one (1) ownership, which has been damaged by war, riot, fire, flood, explosion, earthquake, or other act of God may be reconstructed and used as before, if commenced within six (6) months of such calamity. The Town Council, after review and recommendation by the Planning and Zoning Commission, may determine that any delay in reconstruction beyond six (6) months was caused by unforeseen circumstances beyond the control of the owner of the premises and permit a reasonable extension of time for reconstruction. Any district requirements may be waived by the Town Council provided the area restored is not more nonconforming than existed at the time of the calamity.
   (4)   Any nonconforming building, structure, or use which ceases to be used for a period exceeding six (6) months or is superseded by a conforming use shall never again be devoted to the nonconforming use except as otherwise provided in the preceding paragraph. A nonconforming use shall not be changed to a different nonconforming use. This shall not prevent a name change or change in ownership of the same nonconforming use.

Section 11.03 Nonconforming Lots

   (1)   Any legal lot existing at the time of the enactment of this Ordinance or any amendment, which does not conform with lot area, lot width, or lot depth for the zoning district in which it is located, may be used for any use permitted in that zoning district provided all other applicable regulations of this Zoning Ordinance are complied with.
   (2)   Any lot, after this Ordinance or amendments thereto become effective, shall not be reduced in any manner below the lot area and dimension requirements of this Ordinance for the zoning district in which it is located or, if a lot is already less than the minimum so required, such lot area or dimension shall not be further reduced.
   (3)   Any lot, after this Ordinance or amendments thereto become effective, shall not be reduced or diminished so as to cause the yards, lot coverage, or other open spaces to be less than that required by this Ordinance. The lot area per dwelling unit shall not be decreased to less than required by this Ordinance.

Section 11.04 Development Standards

Development standards relate to the size, configuration, and character of development. Development standards include but are not limited to items such as parking, landscaping, buffer areas, and setbacks. Developed property may be nonconforming because the development of the property does not meet current Zoning Ordinance requirements. Property which is legally nonconforming due to deficiencies in development standards, shall be regulated as follows:
   (1)   No change of use or change to a building structure shall be permitted which creates a deficit or increases an existing deficit in off-street parking spaces, loading areas, or other development standards.
   (2)   Any request for a permit or change to a nonconforming site which requires review or approval by the Planning and Zoning Commission and the Town Council shall, as a requirement of that review, be brought into compliance with the Zoning Ordinance and other applicable codes unless otherwise stipulated by the Planning and Zoning Commission and Town Council. These changes shall conform with but are not limited to the current development standards for parking, circulation, driveways, drainage, storage, screening, signs, color, and landscaping.