This chapter shall be known as and be cited as the "City of Globe Zoning Code". All references to "this ordinance", "this Code", or "zoning ordinance" in "this chapter" or other such wording shall mean the provisions of Chapter 14 and all provisions, appendices and/or maps incorporated herein.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

State Law reference— A.R.S. § 9-462 et seq.

(a)

The purpose of this chapter and the intent of its application is to provide the minimum requirements for the implementation of the general plan; promote the public interest, health, comfort, safety, convenience, and general welfare; and provide for adequate light and air and avoidance of overcrowding of land and excessive concentration of population by establishing land use classifications, imposing regulations on the use of land and on the location, height and bulk of buildings and structures; and establishing standards for design and development.

(b)

This chapter establishes procedures, offices, boards, and commissions for the enforcement, interpretation, and processing of amendments, variances, special and conditional use permits, and appeals and for violations and penalties for infractions of these zoning regulations.

(c)

It is not the intention of this chapter to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those zoning and building ordinances specifically repealed by the adoption of this chapter.

(d)

All buildings, structures, and uses of land, constructed or developed, shall be subject to all provisions of this chapter.

(e)

All changes to distinguishing traits or primary features or the use of a building or land, as evidenced by increased parking requirements, change of occupancy, change of outside storage, or other features, occurring to existing properties after the effective date of this chapter shall be subject to all provisions of this chapter. The use of a building or land shall refer to the primary or specific purpose for which the building or land is occupied, designed, intended, or maintained.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

Subject to the restrictions contained in this section the use of any land, building or structure existing at the time of the enactment of the original adopting ordinance (June, 1998) may be continued even though such use does not conform with the provisions of this chapter for the zoning district in which it is located, such use shall be referred to as a "non-conforming" use.

(a)

Expansion. A non-conforming use shall neither be expanded nor extended to displace a conforming use; but the extension of a lawful use to any portion of a non-conforming building which existed prior to the original enactment of this chapter shall not be deemed the extension of such non-conforming use.

(b)

Change.

(1)

Once changed to a conforming use, no building or lands shall be permitted to revert to a non-conforming use.

(2)

A non-conforming use may be changed to a use of the same or more restrictive classification, and when so changed to a more restrictive classification, such use thereafter shall not be changed to a less restrictive classification.

(3)

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any non-conforming uses existing therein.

(c)

Abandonment. Whenever a non-conforming use has been discontinued for a period of six months, such use shall not thereafter be re-established, and any further uses shall be in conformity with the provisions of this chapter.

(d)

Prohibited Uses. Notwithstanding any other provisions of this chapter, any automobile wrecking yard, other junk yard, any billboard, non-conforming sign, or advertising structure in existence in any residential district at the date of original enactment of this zoning chapter shall at the expiration of three years from such date become a prohibited and unlawful use and shall be discontinued.

(e)

Reconstruction.

(1)

Except as provided in this section, a non-conforming structure may not be reconstructed or structurally altered to an extent exceeding 50 percent of its cost to rebuild unless said building is changed to a conforming use, and no structure damaged by fire or other cause to the extent of more than 50 percent of its reproduction value shall be repaired or rebuilt except in conformity with the regulations of this chapter.

a.

Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.

b.

If the non-conforming structure is a manufactured, mobile, or modular home said structure may be replaced with a manufactured or modular home provided site plan approval is obtained in compliance with Section 14-9-5 and all installation and construction is completed in strict compliance with the requirements of Section 14-5-5.

(f)

Nothing herein contained shall require any change in plans, construction, or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within six months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which the entire building shall be completed according to such plans as filed within one year from date of the original adoption of the Globe Zoning Code (June, 1998).

(g)

Lands which, for reason of law, change in ownership or for any other reason, come under the authority of the City of Globe shall be subject to the following:

(1)

All property annexed into the City of Globe shall continue to be zoned within the County until rezoned pursuant to the requirements of Arizona Revised Statutes within six months of said annexation.

a.

Any use or activity conducted contrary to County zoning regulation at the effective date of annexation and not constituting a non-conforming use under the County zoning regulations shall not be considered a non-conforming use hereunder and the continuance thereof shall constitute a violation of this chapter.

b.

Any use, activity or structure, that are existing at the effective date of annexation, under a Gila County use permit with a time limit imposed, shall not be a non-conforming use hereunder, but may continue for the extent of the time limits.

c.

The physical plant, buildings and land, devoted to any use which is permitted only after securing a use permit under the terms of this chapter may be enlarged or extended only after securing a new use permit from the City.

(h)

Gila County building or use permits, legally issued not more than 60 days prior to the effective date of annexation, shall be honored by the Building Official within 60 days after the effective date of annexation who shall issue a City building permit when construction details conform to all pertinent City construction codes and construction ordinances and pertinent County zoning regulations in effect at the time the County permit was issued. The amount of the fee paid for the County permit shall apply on the City permit and the balance only must be paid before a City permit is issued.

(1)

Buildings legally under construction with a building or use permit, issued by Gila County prior to the effective date of annexation, and the exterior walls of which have been completed to the plat line or beyond, shall not be required to secure a City building permit but the City shall require that buildings shall be structurally safe and conform to pertinent County zoning regulation in effect at the time the County permit was issued.

(2)

Buildings under construction on the effective date of annexation which are completed to a lesser degree than above, shall be required to secure a City building permit, and from the effective date of annexation, all construction shall conform to the pertinent City construction ordinance, and conform to pertinent County zoning regulations in effect at the time the permit was issued.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

(a)

The standards and restrictions established by this chapter shall be the minimum requirements for zoning procedures, standards, enforcement, fees, administration, restrictions, uses, variances, and all other areas addressed herein.

(b)

In the event any provision of this chapter and any other ordinance, rule, or regulation impose overlapping or contradictory regulations, the provision or ordinance which imposes higher standards or requirements, or which is more restrictive, shall govern, so that in all cases the most restrictive provision shall apply.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

(a)

General Applicability. This chapter shall govern the development and the use of land and structures within the corporate limits of the City. Except for property owned and operated by the City or other governmental entity, no building, structure, or land shall be used or occupied, and no building, structure, or land shall be developed, and no permit shall be issued for any building, structure, or land, unless it is in conformity with all applicable provisions of this chapter.

(b)

Exceptions. The following exceptions shall apply but must be strictly construed.

(1)

All projects having received building permits prior to June 14, 1998 shall be permitted to start construction under the regulations in effect when such permit was issued for a period of six months from said date. Once started, those projects proceeding with all due diligence shall be allowed to continue to proceed under the regulations under which they were approved.

(2)

All conditional uses which have been approved, shall be permitted to proceed under such approvals, provided that the person or persons who obtained such conditional uses have also obtained building permits for all buildings to be constructed and completed all construction within 12 months of the approval of such conditional use.

(3)

Any addition to or expansion of a permitted conditional use described in paragraph (2) of this subsection shall be permitted only in accordance with the procedures prescribed by this chapter for a new conditional use. Any change of a permitted conditional use to a new use shall be permitted only if this chapter classifies the new use as a permitted use or a conditional use in the applicable zoning district and only in accordance with the approval procedures set forth in this chapter.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

(a)

It is unlawful to construct, erect, install, alter, change, maintain, use, or permit the construction, erection, installation, alteration, change, maintenance, or use of any building, structure, or land contrary to or in violation of any provision of this chapter or of any provision designated as a condition of approval either by the plan review process or through an amendment, conditional use permit, variance, site plan, design review, or appeal by an office, board, commission, or the City Council as established by this chapter.

(b)

Any person, firm, or corporation violating any provision of this chapter shall be punishable as provided in Section 1-5-1(A) of this Code.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)