Oro Valley City Zoning Code
CHAPTER 29
Nonconforming Uses
Section 29.1 Continuance of Nonconforming Use
The lawful use of a building or land existing at the time of the passage of this ordinance may be continued although such use does not conform with the provisions of this Code for such building or land and such use may be continued providing only reasonable repairs and alterations are made, subject to the limitations found in this Code.
Section 29.2 Change to Another Nonconforming Use
If no structural alterations are made, a nonconforming use of a building or land, may be changed to another nonconforming use of the same, or of a more restricted, classification, subject to a use permit. Whenever a nonconforming use of a building or land has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
Section 29.3 Abandonment or Ceased Use of Nonconforming Building or Land
In the event that a nonconforming use is abandoned or ceased for a period of six (6) consecutive months or is superseded by a conforming use, any future use thereof shall be in conformity with this chapter.
Section 29.4 Alteration of Building or Land
No existing building or land designed, arranged or intended for or devoted to a use not permitted under the regulations of this Code for the district in which such building or land is located shall be enlarged, extended, reconstructed or structurally altered unless such building and such enlargement, extension, reconstruction and structural alterations and further use hereof conform in every respect with the regulations specified by this ordinance for such district in which said building or land is located, provided nothing herein shall prohibit any reasonable repairs or alterations in a building or land used for such existing purposes.
Section 29.5 Destruction of Nonconforming Building or Land
If, at any time, any building or land in existence or maintained at the time of the adoption of this ordinance which does not conform to the regulations for the district in which it is located shall be destroyed by fire, explosion, act of God or act of the public enemy to the extent of 50 percent of its value as determined by three (3) competent appraisers, then and without further action by the Town Council, the said building and the land on which said building was located or maintained shall, from and after the date of such destruction, be subject to all the regulations specified by this Code for the district in which such land and building are located.
Section 29.6 Use in Violation of Previous Zoning Regulations
Section 29.7 Expansion of Legal Nonconforming Uses
A. Purpose
These provisions provide for the orderly expansion of nonconforming commercial structures and uses to promote the public health, safety, and general welfare. This Section is intended to allow the reasonable expansion of commercial structures and uses which were legal nonconforming uses in the County or which became nonconforming by reason of their annexation into the Town of Oro Valley, and to establish the criteria under which they may be continued or expanded.
B. Status of Existing Uses
Any use or activity conducted contrary to the Town of Oro Valley Zoning Code Revised or other development regulations on the effective date of annexation, and constituting a legal nonconforming use under the town regulations, shall be entitled to be considered a legal nonconforming use under this code.
An existing legal nonconforming commercial use of a portion of a nonconforming commercial use in areas zoned C-1, C-2, or C-N may be expanded with the same type of nonconforming use, subject to the granting of a Use Permit (Section 22.4) after a noticed public hearing, and if all of the following findings are made:
1. That the amount of expansion does not exceed 50 percent of the floor area of the existing building devoted to the existing nonconforming use. Incremental expansions, cumulatively, shall not exceed the 50 percent provision.
2. That the nonconforming expansion shall be for the same legal use as the existing legal nonconforming use.
3. That the legal nonconforming use is existing and has not been vacant or discontinued for a period of three (3) or more calendar months.
4. That the expansion complies with development requirements including, but not limited to, setbacks applicable to the use for new construction, bicycle and motor vehicle parking regulations, and landscaping and screening requirements.
5. That the expansion area adjoins the land area where the nonconforming use is located.
C. Time Limitations on Expansion Rights
The expansion of legal nonconforming commercial uses permitted under this Section shall be allowed only until the later of two (2) years after the date this ordinance was adopted or two (2) years after the date the property where the nonconforming commercial use is located was annexed into the Town.