Page City Zoning Code
NONCONFORMITIES
§ 152.120 PURPOSE.
(A) The purpose of this chapter is to regulate and restrict uses, structures, lots, site characteristics, and signs established legally prior to the adoption or amendment of this code but do not conform to the requirements of this code. All such situations are collectively referred to herein as "legal nonconformities."
(B) It is also the intent of this chapter to regulate and restrict uses, structures, lots, site characteristics, and signs that were established illegally after the adoption or amendment of this code that do not conform to the requirements of this code. All such situations are collectively referred to herein as "nonconformities."
(C) It is the intent of this section to encourage the continuing improvement of the city by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while allowing for improvements in their appearance.
(D) It is also the intent of this section to eventually cure all "legal nonconforming" uses, structures, lots and signs, and eliminate all uses, structures, lots and signs that are simply "nonconforming".
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)
§ 152.121 GENERAL PROVISIONS.
(A) Authority to continue. Any legal nonconforming use of land or a legal nonconforming use of a conforming structure that lawfully existed as of the passage of this code and that remains nonconforming, and any nonconformity that is created as a result of the adoption of this code or any subsequent amendment to the text of this code, may be continued or maintained as a legal nonconformity only in accordance with the terms of this section.
(B) Determination of nonconformance status. The property owner shall have the burden to show that a purported legal nonconforming structure, lot or use was lawfully established prior to the effective date of this code.
(C) Change of ownership or tenancy. Changes of ownership, tenancy, or management of property with an existing legal nonconformity may occur, but such legal nonconformities shall continue to be subject to the provisions of this section into perpetuity, or until a change in a future code, or any subsequent amendment to the text of this code makes it a conforming structure, lot or use.
(D) Maintenance and minor repair. Minor repairs or maintenance of legal nonconformities are permitted, provided that the minor repairs and maintenance do not increase or expand the extent of nonconformity. For purposes of this section, MAINTENANCE OR MINOR REPAIR shall mean:
(1) 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 without expanding the building or structure;
(2) Maintenance of land areas to protect against health and environmental hazards; and
(3) Repairs that are required to remedy unsafe conditions that cause a threat to public safety.
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)
§ 152.122 NONCONFORMING USES.
(A) Expansion, enlargement and modification. Any nonconforming use (legal or otherwise) of land or a nonconforming use of a conforming structure that is not in compliance with this code shall not be enlarged, extended, moved, or substituted unless the use is brought into compliance with this code. However, reasonable repairs and alterations are permissible for legal nonconformities in accordance with the provisions of § 152.121(D).
(B) Change of use.
(1) Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use. A change to a conforming use shall also not create any additional nonconforming situations.
(2) Where a conforming use is located in a legal nonconforming structure, the use may be changed to another conforming use by securing a certificate of occupancy.
(C) Loss of nonconforming status. If a nonconforming (legal or otherwise) use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of six 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 Director, subject to said decision being appealed to the Board of Adjustment by the affected property owner within 30-days of the ruling by the Director following the procedures under § 152.086(K).
(D) Conditional uses. A use that received a conditional use permit prior to the effective date of this code and that is permitted in its entirety as a principal use in the district in which it is located under this code 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. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)
§ 152.123 NONCONFORMING STRUCTURES AND SIGNS.
(A) Continuance. An existing structure or sign that lawfully existed as of the passage of this code and that remains nonconforming, and any nonconformity that is created as a result of the adoption of this code or any subsequent amendment to the text of this code, may be continued or maintained as a legal nonconformity only in accordance with the terms of this section.
(B) Expansion, enlargement and modification. No nonconforming structure or sign may be enlarged or altered in a way that increases its nonconformity, unless said expansion or alteration complies with development standards of the zoning district in which it is located, including but not limited to, setbacks and height limitations applicable to the use for new construction, parking regulations and landscaping and screening requirements of this code, and all other applicable codes and ordinances of the city.
(C) Destruction and replacement. Any legal nonconforming structure or sign when damaged or destroyed by force majeure or some other means, may be restored without impairment to any existing legal nonconforming status, provided:
(1) If more than 50% of the current assessed value of any nonconforming structure or sign is destroyed, it shall not be reconstructed unless it is made to conform to the requirements of this code.
(2) If less than 50% of the current assessed value of any nonconforming structure is destroyed, it may be reconstructed as long as a building permit is submitted within 90 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 Director may grant a one-time three month extension for the submittal of a building permit application.
(3) An appraisal, paid for by the owner, shall determine the above assessed value. The appraisal must be done by an Arizona licensed/certified appraiser for structures, or an Arizona licensed sign contractor for signs. A certified assessment from an Arizona licensed structural engineer may also be required by the Director to assure that the structural integrity of the structure or sign has not been diminished beyond repair.
(D) Loss of nonconforming status. If a nonconforming (legal or otherwise) structure or sign has been abandoned or determined to be not in use for a continuous period of six months, the rights to a legal nonconforming status shall terminate and the structure or sign must be brought into compliance with all current codes in effect at the time the structure or sign is to regain use, and before the structure can be reoccupied. If the sign, or any part thereof cannot be brought into compliance and made conforming, for whatever reason, it shall be removed and the building, land or site restored to its previous condition.
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)
§ 152.124 NONCONFORMING LOTS OF RECORD.
Any lot of record that is effective as of the date of this code and is considered a nonconformity because of 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 building setbacks and all other applicable regulations of this code are met.
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)