This title may be referred to as the "County Zoning Ordinance."

(Ord. No. 011812-ZO-PZ-C-007-10, § 4; Ord. No. 61862, § 101)

For the promotion and protection of the public health, peace, safety, comfort, convenience and general welfare and in order to secure for the citizens of Pinal County, Arizona, the social and economic advantages of an orderly, efficient use of land, and as a part of the comprehensive plan for the county, there is hereby adopted and established an official land use plan and zoning ordinance for Pinal County, Arizona, and rules, regulations and plans by which the future growth and development of the county may be directed in accordance with the plan and ordinance, as provided in the Planning and Zoning Act of 1949, A.R.S. § 11-801 et seq., as amended.

(Ord. No. 011812-ZO-PZ-C-007-10, § 4; Ord. No. 61862, § 201)

The following principles and rules are hereby adopted as a guide in the use and application of this title:

A.

The powers of the board of supervisors, the planning and zoning commission, the board of adjustment, the zoning inspector and all other persons or agencies charged with the administration of this title shall be strictly limited by the expressed intent of the Arizona Legislature in the enactment of the Planning and Zoning Act of 1949 (A.R.S. § 11-801 et seq., as amended) and by the language of this title.

B.

All terms used herein shall be interpreted according to their common, plain, natural and accepted usage when not otherwise defined herein.

C.

In any dispute concerning the application of any provision of this title, that solution shall be favored which is most reasonable with regard to the general purpose of this title and the goals, objectives and policies of the comprehensive plan.

D.

The application of this title to any property or use classified herein shall be governed by all the particular facts in each individual case, and the fundamental rights of any individual property owner shall not be prejudiced by reason of the property owner being in a minority, either in number or in land interests concerned in the application.

E.

The right of every affected property owner to petition and to be heard whenever the application of this title is at issue shall be strictly observed at all times.

F.

No special favors or privileges shall be granted to any individual or group of property owners and no permit shall be issued under the terms of this title which will or might reasonably tend to destroy the established economic or social uses and values of adjacent or surrounding properties.

G.

On every application of this title to any given area, the relative importance of the interests involved shall be as follows:

1.

First, established conforming uses of adjacent or surrounding properties having the same zoning district classification or similar use;

2.

Second, the cost of tax-supported and other public services to the area affected, and the increased or decreased share of this cost which might be borne by the area if a proposed use or change of zoning district classification is permitted; and

3.

Third, the impact of the proposed zoning district classifications and uses to the orderly development of the neighborhood or area affected.

G[H].

The theory and use of "spot" zoning is hereby specifically repudiated in the application of any zoning district classification of this title to any given land area that is in conformance with the goals, objectives and policies of the comprehensive plan.

(Ord. No. 011812-ZO-PZ-C-007-10, § 4; Ord. No. 61862, § 301)

Except as hereinafter provided:

A.

All property under the county's jurisdiction, except that covered by statutory exemptions and exemptions and exceptions listed in chapter 2.150 PCDSC shall be hereby governed according to the type of zoning district in which it is located, as shown on the zoning map adopted and made a part hereof, and shall be subject to the regulations set forth for such zoning districts, the regulations applying to specific uses and the general regulations of this title.

B.

No building shall be erected and no existing building shall be moved, altered, added to or enlarged nor shall any building or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this title or amendments thereto as permitted in the zoning district in which such land, building or premises is located.

C.

No building shall be erected, nor shall any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this title or amendments thereto for the zoning district in which such building is located.

D.

No building shall be erected, nor shall any existing building be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building site requirements and the area and yard regulations established by this title or amendments thereto for the zoning district in which such building is located.

E.

No land shall be used in any zoning district in violation of this title.

F.

No yard or other open space provided about any building for the purpose of complying with the regulations of this title or amendments thereto shall be considered as providing a yard or open space for any other building or structure.

G.

No structure shall be erected in a required front yard, side yard or rear yard, except as specifically permitted herein.

H.

If a particular use or class of building, structure, or premises is not specifically permitted in a zoning district, then such building, structure, premises or use is prohibited in that zoning district, unless allowed by a special use permit as provided in this title. (See chapter 2.151 PCDSC.)

(Ord. No. 011812-ZO-PZ-C-007-10, § 4; Ord. No. 61862, § 302)

As specified in A.R.S. title 11, ch. 6 (A.R.S. § 11-801 et seq.), the provisions of this title shall not prevent, restrict or otherwise regulate in any zoning district the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agriculture purposes, as defined herein, provided the tract or premises so used is five or more contiguous commercial acres. Land shall be classified as being used for grazing purposes when 50 percent or more of the owner's income from the land is derived from the use or from the rental of the land for grazing purposes, and the land shall be classified as being used for general agricultural purposes when 50 percent or more of the owner's income from the land is derived from the production of agricultural products or from the rental of the land for the production of agricultural products.

(Ord. No. 011812-ZO-PZ-C-007-10, § 4; Ord. No. 61862, § 303)

As specified in A.R.S. title 11, ch. 6 (A.R.S. § 11-801 et seq.), the provisions of this title shall not affect existing uses of property or the right to its continued use or the reasonable repair or alteration for the purpose of this use at the time the ordinance codified in this title becomes effective.

A.

An existing nonconforming use may not be changed to another nonconforming use.

B.

A nonconforming use that has changed to a conforming use shall not be changed again to any nonconforming use.

C.

A nonconforming building or structure that has changed to a conforming building or structure shall not be changed again to a nonconforming building or structure.

D.

Nothing in this title on nonconforming use shall authorize the violation of any health or sanitary law or other county ordinance or regulation.

E.

A nonconforming business use within any zoning district shall have the right to expansion, provided it does not exceed 100 percent of the area of the original business. "Area" is the floor area inside a structure and/or square footage or acreage outside a structure. Business uses as used in this section shall be limited to the uses described in PCDSC 2.85.010(B), 2.90.010(B), 2.95.010(B) and (C), 2.105.010(C) and (D), and 2.110.010(B) and (D). The term "area of the original business" is defined as being any land or building, or both, improved for a business purpose.

1.

Expansion of a nonconforming business use, other than within an existing building, requires compliance with the development standards of the zone district.

2.

Additional parking area necessitated by such expansion shall not count against the 100 percent expansion allowance.

3.

Where the expansion of a nonconforming business is an open land use, a solid masonry wall must be installed as a screening between such expanded use and any residential use. Any other type of wall, fence or hedge requires the approval of the planning director.

4.

Expansion shall be limited to the original parcel of land on which the business use was located at the time it became a nonconforming use.

5.

Expansion does not mean the following:

a.

Any improvement required by federal, state or local environmental or health agency.

b.

Any increase in production volume utilizing existing equipment.

c.

Any extension of the use into an existing floor area originally designed for such extension, but not currently utilized by that use.

d.

Any use of the nonconforming business utilized at a later date, but which would have been allowed as part of the original business.

6.

The provisions for expansion do not waive the requirement of obtaining a building permit or any other applicable permit or approval.

(Ord. No. 011812-ZO-PZ-C-007-10, § 4; Ord. No. 61862, § 304)

The lawful use of land existing at the time the ordinance codified in this title becomes effective, or existing on the effective date of any amendment of the text or of the maps hereof, although such use does not conform to the provisions hereof for the land, may be continued; but if such nonconforming use is discontinued for a period of 12 consecutive months, any future use of the land shall be in conformity with the provisions of this title. A nonconforming use of land is also discontinued when replaced by a conforming use.

(Ord. No. 011812-ZO-PZ-C-007-10, § 4; Ord. No. 61862, § 305)

The lawful use of a building existing at the time the ordinance codified in this title becomes effective, or on the effective date of any amendment of the text or of the maps hereof, although such use does not conform with the provisions hereof for such building, such use may be continued provided no structural alterations, except those required by law or ordinance or permitted by the board of adjustment, under this title are made. If any such nonconforming use is discontinued for a period of 12 consecutive months, any future use of the building shall be in conformity with the provisions of this title.

(Ord. No. 011812-ZO-PZ-C-007-10, § 4; Ord. No. 61862, § 306)

No existing building designed, arranged or intended for or devoted to a use not permitted under the regulations of this title for the zoning district in which located shall be enlarged, extended, reconstructed or structurally altered unless such building and such enlargement, extension, reconstruction and structural alterations, and the further use thereof, conform in every respect with the regulations specified by this title for such zoning district in which the building is located, except a nonconforming business use as provided in PCDSC 2.05.060, but nothing in this section shall authorize the violation of any setback, health or sanitary law, ordinance or regulation not a part of this title.

(Ord. No. 011812-ZO-PZ-C-007-10, § 4; Ord. No. 61862, § 307)

If, at any time, any building in existence or maintained at the time the ordinance codified in this title becomes effective, and which does not conform to the regulations for the zoning district in which it is located, shall be destroyed by any act of casualty or act of God to the extent of 100 percent of its value, the owner shall have the right to rebuild for the use, provided the structure is rebuilt according to the area of the original nonconforming structure and is not expanded in any way either vertically or horizontally.

(Ord. No. 011812-ZO-PZ-C-007-10, § 4; Ord. No. 61862, § 308)

In interpreting and applying the provisions of this title, the provisions shall be held to be minimum requirements adopted for the promotion of public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this title to repeal, abrogate, annul, or in any way to impair or interfere with any existing provisions of law or ordinance previously adopted pursuant to the laws relating to the use of building or premises, or relating to the erection, construction, establishment, alteration or enlargement of any building or improvements, except to the extent any existing provisions conflict with or are inconsistent with the valid provisions of this title, and to that extent and no more, the same are hereby repealed. It is not intended by this title to interfere with or abrogate or annul any easement, covenant or other agreement between private parties, but where the zoning provisions of this title are more restrictive than any existing private restrictive covenant affecting any portion of the unincorporated area of the county, said zoning provisions shall prevail over said private covenant.

(Ord. No. 011812-ZO-PZ-C-007-10, § 4; Ord. No. 61862, § 2601)

Repealed by Ord. No. 011812-ZO-PZ-C-007-10.

(Ord. No. 61862, § 2901)

Repealed by Ord. No. 011812-ZO-PZ-C-007-10.

(Ord. No. 61862, § 3001)

This title and the various parts thereof are hereby declared to be severable. If any section, subsection, sentence, clause, word or phrase of this title is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this title.

(Ord. No. 61862, § 3101)