A.   The purpose of this article is to both protect the rights of legally existing nonconforming buildings, uses, lots, and signs as well as to maintain their continued existence under specific development conditions in the City. It is also the intent of this article to curtail additional investment in nonconforming circumstances and to either bring about their eventual improvement to updated standards or move towards their elimination.

   B.   Any use or activity lawfully conducted under Pinal County zoning regulations at the effective date of annexation or under previous zoning regulations in effect at the adoption of this article, or any amendment, shall be considered a legal nonconforming use under this article.

   C.   Nonconformities for which development or redevelopment flexibility is provided under sections 21-2-7, "Overlay Zoning Districts", and 21-2-7.17, "Downtown Core Overlay (DCO)", of this chapter are exempt from these provisions, subject to Community Development Director approval. (Ord. 18-880, 7-23-2018)

Any nonconforming use of land or a nonconforming use of a conforming structure that lawfully existed as of the effective date of this chapter and such use remains nonconforming, and any nonconformity that is created as a result of the adoption of this chapter or any subsequent amendment to the text of this chapter, may be continued or maintained as a legal nonconformity only in accordance with the terms of this article. (Ord. 18-880, 7-23-2018)

In other than criminal proceedings, the owner, occupant or user shall be solely responsible to demonstrate that a nonconforming structure, lot or use was lawfully established prior to the effective date of this chapter. (Ord. 18-880, 7-23-2018)

Changes of ownership, tenancy, or management of property with an existing nonconformity may occur, but such nonconformities may continue (and may not be expanded) and shall be subject to the provisions of this article. (Ord. 18-880, 7-23-2018)

Minor repairs or maintenance of nonconformities are permitted, provided that the minor repairs and maintenance do not increase the extent of nonconformity. For purposes of this section, "maintenance or minor repair" shall mean:

   A.   Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or exterior or interior appearance of a building or structure, utilizing the same materials and methods, without expanding the building or structure;

   B.   Maintenance of land areas to minimize health and environmental hazards; and

   C.   Repairs that are required to remedy unsafe structural conditions that cause a threat to public safety and/or welfare. (Ord. 18-880, 7-23-2018)

An existing building or structure that lawfully existed as of the effective date of this chapter and such structure that remains nonconforming, and any nonconformity that is created as a result of the adoption of this chapter or any subsequent amendment to the text of this chapter, may be continued or maintained as a nonconformity only in accordance with the terms of this section 21-8-3. (Ord. 18-880, 7-23-2018)

A nonconforming structure may not be enlarged or altered in any way that increases its nonconformity, unless expansion or alteration of a nonconforming structure complies with development standards of the zoning district in which it is located, including but not limited to, setbacks applicable to the use for new construction, parking regulations and landscaping and screening requirements of this chapter, and all other applicable codes and ordinances of the City. (Ord. 18-880, 7-23-2018)

Any nonconforming structure when damaged or destroyed by fire, flood, or similar abnormal and identifiable event, is subject to the following criteria to determine their future status:

   A.   If more than fifty percent (50%) of the current assessed value of any nonconforming structure is destroyed, it shall not be reconstructed unless the structure is reconstructed in conformance with all the applicable and current requirements of this chapter.

   B.   If less than fifty percent (50%) of the current assessed value of any nonconforming structure is destroyed, it may be reconstructed as long as a building permit is submitted (and subsequently approved) within one hundred eighty (180) days after the date of destruction, provided the resulting structure complies with current Building Codes and the size and function of the nonconforming use shall not be expanded. Upon written request, the Zoning Administrator may grant a one-time extension not to exceed ninety (90) days for the submittal of a building permit application.

   C.   A mutually agreed upon appraiser, paid for by the owner, shall determine the above assessed value. The Zoning Administrator has the discretion to obtain a second opinion of value, at the City's expense, if he/she so desires. (Ord. 18-880, 7-23-2018)

Any nonconforming use of land or a nonconforming use of a conforming structure that is not in compliance with this chapter shall not be enlarged, extended, moved, or substituted unless the use is brought into compliance with this chapter. However, reasonable repairs and alterations are permissible in accordance with the provisions of section 21-8-2.4 of this article. (Ord. 18-880, 7-23-2018)

   A.   Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter revert back to a nonconforming use. A change to a conforming use shall also not create any additional nonconforming situations.

   B.   Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a Certificate of Occupancy. (Ord. 18-880, 7-23-2018)

If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of six (6) months, the rights to a legal nonconforming status shall terminate. The initial decision as to whether a prior existing, non-conforming use has been abandoned shall be made by the Zoning Administrator. Such decision may be appealed to the Board of Adjustment by the affected property owner within ninety (90) calendar days of the ruling by the Zoning Administrator following the procedures under section 21-6-11.8, "Appeal", of this chapter. (Ord. 18-880, 7-23-2018)

A use that received a conditional use permit prior to the effective date of this chapter, and that is permitted in its entirety as a principal use in the district in which it is located under this chapter, shall not be deemed a nonconforming use. Such use shall be deemed a permitted principal use and the conditional use approval and conditions of approval, relative to the use, shall be null and void. (Ord. 18-880, 7-23-2018)

Any lot of record that is in existence as of the effective date of this chapter (and is considered a nonconformity because of its noncompliance with lot width or area requirements) may be used for any use permitted in the zoning district in which it is located, provided compliance with all other applicable regulations of this chapter are met. (Ord. 18-880, 7-23-2018)

Please see section 21-4-3, "Signage", of this chapter for additional regulations on non-conforming signs. (Ord. 18-880, 7-23-2018)