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Casa Grande City Zoning Code

CHAPTER 17

64 NONCONFORMING USES

17.64.010 Nonconforming uses and structures in general.

   A.   Any structure or use lawfully existing upon the effective date of the ordinance codified in this title may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified.
   B.   The right to operate and maintain a nonconforming use shall terminate when the structure or structures housing such use are removed, razed or remodeled to the extent of fifty percent of the structure's fair market value as determined by the last equalized assessment roll of the county, unless such condition was created as described in subsection D of this section.
   C.   When any lawful and nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not hereafter be changed to any nonconforming use.
   D.   Whenever a lawful nonconforming use of a building or structure has been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, to an extent greater than fifty percent of its originally appraised value, it shall not be reconstructed, but such property shall revert to a conforming use.
   E.   Whenever a lawful nonconforming use of a building or structure or land is discontinued for a period of ninety days, any future use of the building or structure or land shall be in conformity with the provisions of this title.
   F.   Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary structural repairs provided such structural repairs do not enlarge or intensify the nonconforming use.
   G.   A lawful nonconforming use shall not be charged except in conformance with the use requirements of the zone in which it is located.
   H.   Alterations may be made to a structure or building containing lawful nonconforming residential units when they will improve the liveability thereof, providing they will not increase the number of dwelling units.
(Ord. 1178 § 6.14.1—6.14.8, 1987)

17.64.020 Nonconforming parking lots.

   A.   Continuation. Legally existing parking areas which have become nonconforming due to changes in code requirements may be continued, except as provided in Subsection 17.64.020.B.
   B.   Proposals Which Require Conformance to Existing Standards.
   1.   Parking and maneuvering areas which conform with the requirements of Chapter 17.56 of this code shall be provided for:
   a.   Construction of a new building.
   b.   Building additions which trigger the requirement to provide additional on-site parking.
   c.   Building occupancy and/or tenant changes where the new use requires the provision of more on-site parking than the previous legally permitted use.
   d.   Enlargement of an existing nonconforming parking lot.
(Ord. 1397.17.41 § 1, 2012)

17.64.030 Nonconforming lot of record.

   A.   A nonconforming lot of record may be used to construct residential structures as follows:
   1.   In the RR, SH, UR, R-1, and R-1a Zones, a single-family residence and an ADU meeting the requirements of 17.52.105 shall be permitted.
   2.   In the R-2 Zone, the following residential uses are permitted:
   a.   Single-family residence
   b.   A single-family residence with an ADU meeting the requirements of Section 17.52.105 that is an accessory to the single-family residence.
   c.   A duplex.
   3.   In the R-3 Zone, up to four multi-family dwelling units shall be permitted.
   4.   In the R-4 Zone, the following residential uses are permitted:
   a.   A single-family residence.
   b.    A manufactured home.
   c.   A single-family residence with an ADU meeting the requirements of Section
17.52.105 that is an accessory to the single-family residence.
   d.   A manufactured home with ADU meeting the requirements of Section 17.52.105 that is an accessory to the manufactured home.
   B.   The required front, side, and rear yard zone district setbacks for a nonconforming lot of record shall be administratively reduced by an amount proportional to the amount by which the lot width and/or lot depth fall below the zoning district requirements. The reduction in the front and rear setbacks shall be proportional to the lot depth and the side and corner side shall be proportional to the lot width. Setback reductions beyond this degree shall be determined by the board of adjustment in conjunction with the consideration of variance applications. (Ord. 1397.17.63 § 1 (part), 2024; Ord. 1178 § 6.14.9, 1987)