Phoenix City Zoning Code
CHAPTER 9
Nonconformities
1Editor’s note—Ord. No. G-5599, (TA-4-11), § 1, adopted March 23, 2011, effective April 22, 2011, amended portions of the Zoning Ordinance of the City of Phoenix, Arizona, to reflect the consolidation of the Planning Department with the Development Services Department and change all references to the department name to Planning and Development Department.
Section 901. Purpose and scope.
The purpose of these regulations is to regulate and limit the development and continued existence of uses, structures and parcels of land established prior to the effective date of these regulations. Legally established nonconformities may continue, but the provisions of these regulations are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of these regulations, promote adopted plans and policies, and enhance the character of the City. Any nonconforming use, structure, or parcel of land that lawfully existed as of the effective date of these regulations and that remains nonconforming, and any use, structure or parcel of land that has become nonconforming as a result of the adoption of these regulations or any subsequent amendment to these regulations or as a result of annexation into the City, may be continued or maintained only in accordance with the terms of this chapter.
Section 902. Expansion of nonconforming use.
A nonconforming use shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of these regulations, the effective date of any amendment to these regulations, or the effective date of annexation into the City rendering such use nonconforming, except that:
A. A structure housing a nonconforming single-family residential use may be expanded up to 50 percent beyond the floor area or lot area that it occupied on the date it was rendered nonconforming, subject to obtaining a use permit in accordance with the procedures and standards of Section 307; and
B. An accessory structure for a nonconforming single-family residential use may be expanded up to 50 percent beyond the floor area or lot area that it occupied on the date it was rendered nonconforming, subject to obtaining a use permit in accordance with the procedures and standards of Section 307.
C. An expansion of a mobile home development shall be permitted to increase the number of mobile home units by up to 50 percent of the units that legally existed before July 1, 2023, with administrative review and approval by the Zoning Administrator. The Zoning Administrator shall review and have discretion to ensure that the added units meet the intent of adequate setback between units, perimeter setbacks, and other development standards that are consistent with that mobile home development.
No provision in this chapter shall be construed to permit expanding or extending a nonconforming use beyond the confines of the lot or parcel of land upon which it was located on the date the use became nonconforming or to permit any expansion of a nonresidential or multiple-family residential nonconforming use.
Section 903. Abandonment of nonconforming use.
A. If a nonconforming use is not used for a period of one hundred eighty consecutive days after the date it is rendered nonconforming, then that use shall not be renewed or reestablished and any subsequent use of the parcel of land or structure shall conform to the regulations of the zoning district in which it is located.
B. A property owner whose nonconforming use has not been used for a period of one hundred eighty consecutive days may request an administrative determination from the Zoning Administrator whether the nonuse of the property was due to some conduct within the control of and attributable to the property owner or a previous property owner. A determination that the nonuse was not due to some conduct within the control of and attributable to the property owner or a previous property owner shall mean that the nonconforming use may be renewed or reestablished. In addition to intentional acts, conduct in the control of and attributable to the property owner may include negligent or inadvertent acts and/or engagement in civil or criminal misconduct that the property owner knows or should know could lead to involuntary closure.
The Zoning Administrator’s determination may be appealed to the Board of Adjustment in accordance with the provisions of section 502.
Section 904. Change of use.
A. A nonconforming use may be changed to a use permitted as of right or a use permitted with a use permit or special permit in the zoning district in which the property is located, upon securing the necessary permit.
B. If the boundary of the lot containing the nonconforming use is less than three hundred feet from the boundary of a residentially zoned property, including undeveloped or residentially developed R-5 property, the nonconforming use may only extend its hours to include any time between 10:00 p.m. and 7:00 a.m. through issuance of a use permit in accordance with the procedures and standards of section 307.
Section 905. Repair or reconstruction of nonconforming use and use or structure that does not conform to existing development standards.
A. Reasonable repairs and alterations may be made to a use or structure that does not conform to existing development standards; this section shall not affect the right to make repairs or alterations to a nonconforming use that conforms to existing development standards.
B. If either (i) a nonconforming use or (ii) a use or structure that does not conform to existing development standards is damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the use or structure to its condition immediately prior to the event does not exceed fifty percent of the cost of reconstructing the entire use or structure, then the use or structure may be restored to its original nonconforming condition, provided that a building permit is secured, reconstruction is started within one year from the date of the damage, and such reconstruction is diligently pursued to completion. The cost of reconstruction shall be determined by three competent appraisers in cases where the cost is unclear to the Planning and Development Department.
C. If either (i) a nonconforming use or (ii) a use or structure that does not conform to existing development standards is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the use or structure to its condition immediately prior to the event exceeds fifty percent of the cost of reconstructing the entire use or structure, then use permit approval is required prior to reconstruction, in accordance with the procedures and standards of section 307. The cost of reconstruction shall be determined by three competent appraisers in cases where the cost is unclear to the Planning and Development Department.
Section 906. Enlargement or expansion of use or structure that does not conform to existing development standards.
A. A use or structure that does not conform to existing development standards may be enlarged, expanded or made to further deviate from the standards of this ordinance as provided in this section.
B. Enlargement or expansion of a use or structure that does not conform to existing development standards is permissible without first obtaining a removal of nonconforming status as provided in section 906.C or a use permit as provided in section 906.D, provided that:
1. The use is conforming; and
2. The enlargement or expansion itself conforms to the requirements of these regulations or does not increase the nonconformity.
C. Enlargement or expansion of a use or structure that does not conform to existing development standards is permissible when the enlargement or expansion does not conform to the requirements of these regulations or increases the nonconformity upon approval of an application for removing the nonconforming status by the Zoning Administrator in conformity with the following provisions:
1. The application for removing the nonconforming status shall be reviewed in accordance with the same procedures and standards set forth in section 307 for use permits and the standards of this section. In reviewing an application, the Zoning Administrator shall consider whether the use or structure that does not conform to existing development standards can be improved by one or more of the following actions:
a. A landscaped buffer could be provided between the use or structure that does not conform to existing development standards and any abutting parcel of land in order to provide appropriate buffering effect for potentially adverse impacts of the use or structure on abutting properties.
b. Off-street parking areas located on the parcel of land could be improved with interior landscaping so as to minimize potentially adverse impacts of the use or structure on abutting properties.
c. Nonconforming signs, outdoor lighting, off-street parking areas, and other nonconforming accessory structures located on the parcel of land could be removed or brought into conformity with the applicable requirements of these regulations.
d. Any enlargement or expansion of the use or structure that does not conform to existing development standards could be limited to no greater than fifty percent of the floor area or lot area that it occupied on the effective date of these regulations or any amendment to these regulations that rendered the development standard nonconforming, whichever is later.
2. Upon approval of the application for removing the nonconforming status by the Zoning Administrator, the use or structure that does not conform to existing development standards shall no longer be treated as nonconforming and shall be allowed to continue as lawfully existing in accordance with the approval. This status as lawfully existing shall only apply to development standards for which the removal of nonconforming status is issued and shall not apply to any other development standard that may be located on the parcel of land.
3. Violation of this section shall be deemed a violation of the Zoning Ordinance and shall be subject to enforcement of the ordinance.
D. Enlargement or expansion of a use or structure that does not conform to existing development standard(s) is also permissible when the enlargement or expansion does not conform to the requirements of these regulations or increases the nonconformity upon approval of an application for a use permit in accordance with the procedures and provisions of section 307. Such enlargement or expansion shall be no more than fifty percent beyond the floor area or lot area that it occupied on the date the development standard was rendered nonconforming. Such approval shall not remove the nonconforming status.
Section 907. Moving of use or structure that does not conform to existing development standards.
A use or structure that does not conform to existing development standards shall not be moved in whole or in part to any other location unless every portion of such use or structure and the use thereof is made to conform with all requirements for the zoning district to which such use or structure is moved. The moving of the use or structure that does not conform to existing development standards also shall comply with the requirements of applicable City regulations.