A.

If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of the provisions of this UDC or any amendment, the City may use any one (1) or more of the following actions:

1.

Issue an order of abatement;

2.

Issue a Notice and Order to Comply;

3.

Pursue criminal prosecution;

4.

Issue a civil citation; or

5.

Seek an injunction from Superior Court.

B.

No building permit may be lawfully issued nor shall a Certificate of Occupancy be granted until the Development Services Director or designee has given authorization indicating all requirements of this UDC, all conditions and stipulations of approval, and any other specific project related requirements have been met.

C.

Violation of stipulations, conditions of approval, or any other requirement of this UDC, of an administratively issued permit, or conditional use permit is a violation of this ordinance and shall subject such permit to revocation if the violation is ongoing or repeated. Revocation of any such permit may be made by the approving entity after notice and hearing.

A.

The Development Services Director or designee shall be responsible for the enforcement of this UDC.

B.

Any person, firm or corporation violating any provision of this UDC, or any amendment shall be guilty of a civil violation and/or a Class 1 misdemeanor, punishable by a fine or imprisonment, or by both fine and imprisonment. Any such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any violation is committed, continued or permitted. The owner, lessee, tenant or other person in possession of any property used in violation of this UDC shall be responsible for any violation whether or not the owner or any related party has committed the prohibited act or acts or has neglected to prevent the performance of the prohibited act or acts by another person.

C.

In addition to, or independent of the penalties provided above, the City may bring a civil proceeding in a court of competent jurisdiction to enforce compliance with the terms of the Glendale UDC or to prevent, restrain or abate any violation of the terms of the Glendale UDC.

D.

Any violation of this ordinance or of conditions or stipulations of issuance of any administrative or conditional use permit or variance is declared to be a public nuisance, and instead of, or in addition to, any other criminal or civil enforcement measure authorized by this ordinance, may be enjoined or restrained by the City as other nuisances are abated under authority of the City Charter and applicable State Law.

(Ord. No. O24-42, § 1, 10-22-24)

The purpose of this Section is to establish criteria for regulating and protecting legally non-conforming uses, buildings, structures, lots, and sites while promoting future conformance with this Unified Development Code.

A.

This article provides for the regulation of nonconforming buildings, structures, uses and lots. These regulations are designed to protect the rights of legally existing nonconforming uses, structures and buildings, but not promote expansion or enlargement. The site, building, structure or use will be encouraged to convert to a conforming use in the future. Any use or activity lawfully conducted under County zoning regulations at the effective date of 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. Changes of ownership, tenancy, or management of property with an existing legal non-conformity may occur, but such non-conformities shall continue to be subject to the provisions of this Section.

B.

The City Council, by ordinance, may authorize the acquisition of private property by purchase or condemnation for removal of nonconforming uses and structures.

A.

Uses

1.

The physical expansion of a non-conforming use or an increase in its intensity, including hours of operation, within an additional building, structure, or land area shall be prohibited.

2.

A legally non-conforming use that has ceased operation for a period of six (6) months may only be re-established if in conformance with the current regulations for the current zoning district in which the property is located.

3.

Legally non-conforming uses that were forced to cease operations due to natural disaster, fire, flood, or public unrest may re-establish operation within twelve (12) months without full conformance with this Code; however, the property owner or business agent shall negotiate partial compliance or incremental improvement with the Development Services Director or designee. Negotiations shall contemplate updated site improvements, parking, façade treatment, and/or business intensity.

4.

Uses brought into conformance with this Code shall not be permitted to revert to a previous non-conforming use.

5.

If, through the adoption of this Code or a subsequent amendment, a Conditional Use is redesignated as a Permitted Use in a given zoning district, any such use currently operating under a Conditional Use Permit shall be considered a Permitted Use and the Conditional Use Permit shall be null and void.

B.

Buildings and Structures

1.

Repairs and maintenance of legally non-conforming buildings and structures are permitted provided such activity does not increase the non-conformity.

2.

Permanent or temporary relocation of any building or structure shall conform to the regulations for the zoning district within which it is located.

3.

Damaged or partially destroyed legally non-conforming buildings or structures due to natural disaster, fire, flood, or public unrest, may be reconstructed to its original condition provided:

a.

Up to fifty percent (50%) of the original gross floor area may be restored to its previous condition, and

b.

Building permits for restoration shall been obtained within twelve (12) months of damage or destructive event.

4.

Nothing in this Section shall prevent the restoration of a building or structure present on the National Register of Historic Places, the Arizona State Register of Historic Places, or the Glendale Register of Historic Places.

C.

Lots

1.

Legally non-conforming lots (i.e. sub-standard dimensions or area) shall develop in accordance with the regulations associated with zoning district within which the lot is located.

D.

Sites

1.

All legally non-conforming sites with existing improvements, such as parking, access, and landscaping, shall be brought into compliance through the Design Review process at the time of new development or improvement.

E.

Signs

1.

See Section 35.4.303 Non-Conforming Signs.