Sahuarita City Zoning Code

Providing for the creation of zoning districts in Sahuarita, Arizona,

Prescribing area requirements, the classes of uses of buildings, structures, improvements and premises in said several zoning districts;

First, established conforming uses of adjacent or surrounding properties having an equal or higher classification;

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 said area if a proposed use or change of classification is permitted; and

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

The municipality may acquire by purchase or condemnation private property for the removal of nonconforming uses and structures. The elimination of such nonconforming uses and structures in a zoned district is for a public purpose. Nothing in an ordinance or regulation authorized by this article shall affect existing property or the right to its continued use for the purpose used at the time the ordinance or regulation takes effect, nor to any reasonable repairs or alterations in buildings or property used for such existing purpose.

A municipality shall not require as a condition for a permit or for any approval, or otherwise cause, an owner or possessor of property to waive the right to continue an existing nonconforming outdoor advertising use or structure without acquiring the use or structure by purchase or condemnation and paying just compensation unless the municipality, at its option, allows the use or structure to be relocated to a comparable site in the municipality with the same or a similar zoning classification, or to another site in the municipality acceptable to both the municipality and the owner of the use or structure, and the use or structure is relocated to the other site. The municipality shall pay for relocating the outdoor advertising use or structure including the cost of removing and constructing the new use or structure that is at least the same size and height. This subsection does not apply to municipal rezoning of property at the request of the property owner.

A municipality must issue a citation and file an action involving an outdoor advertising use or structure zoning or sign code violation within two years after discovering the violation. Such an action shall initially be filed with a court having jurisdiction to impose all penalties sought by the action and that jurisdiction is necessary for effective filing. Only the superior court has jurisdiction to order removal, abatement, reconfiguration or relocation of an outdoor advertising use or structure. Notwithstanding any other law, a municipality shall not consider each day that an outdoor advertising use or structure is illegally erected, constructed, reconstructed, altered or maintained as a separate offense unless the violation constitutes an immediate threat to the health and safety of the general public.

As specified in ARS 9-462.02, nothing in this code shall affect existing property or the right to its continued use for the purpose used on July 19, 1995, or prior to annexation, nor to any reasonable repairs or alterations in buildings or property used for such existing purpose, or for any other use of the same or a more restrictive classification.

A nonconforming business use within any district or zone shall have the right to expansion, provided it does not exceed 100 percent of the area of the original business. Area of the original business is defined as being any land or building, or both, improved for a business purpose.

The term "business use," as used in this subsection, shall be limited to the uses described in Chapter 18.42 STC, STC § 18.51.030(B) and (C) (I-1 Light Industrial/Warehousing Zone), and 18.53.030(B) and (F) (I-2 General Industrial Zone).

The lawful use of a building existing on July 19, 1995, or prior to annexation, although such use does not conform with the provisions hereof for such building and such use, may be continued provided no structural alterations, except those required by law or ordinance or permitted by the board of adjustment (Chapter 18.93 STC, Board of Adjustment Variances, Temporary Use Permits and Interpretations) under this code, are made therein.

If any such nonconforming use is discontinued for a period of 12 months, any future use of said building shall be in conformity with the provisions of this code; provided, that the owner of any building which was under construction or vacant on July 19, 1995, or date of annexation and was designed for a use not in conformity with the zoning classification in which it was located on said date, may, upon application, have a certificate of nonconforming use issued by the zoning administrator within 60 days from July 19, 1995, or date of annexation, which certificate shall establish the nonconforming character of said building for a period not to exceed 12 months from July 19, 1995, or date of annexation. Occupancy of said building by a use permitted under said certificate during said period shall establish said use as a nonconforming use under this subsection. A certificate for an additional period of not more than 12 months may be granted by the board at or before the expiration of the original certificate upon the showing of extreme hardship and that the surrounding area would not be subject to additional damage thereby.

Any owner of land zoned under this code shall file in writing with the planning and zoning commission within 180 days after July 19, 1995, or date of annexation, a plan of development for such land, including uses not permitted by the zoning code, and shall be issued a special nonconforming hardship use permit by the board of adjustment for said proposed development, or any part thereof, at any time within two years from July 19, 1995, or date of annexation.

If any temporary governmental regulation prohibiting the proposed development is in full force and effect during said two-year period, the time limit shall be extended for an additional period equal to the time said governmental regulation is in effect, but no such permit shall be issued more than five years after July 19, 1995, or date of annexation.

Said plan of development with necessary plans shall show the legal description of the land and the location of proposed buildings and improvements in sufficient detail to determine the conformity or nonconformity of the proposed uses. Any use proposed in any such plan of development shall conform to the minimum standards of the most restrictive zone in which said use would be a nonconforming use under this code.

If, at any time, any building in existence or maintained on July 19, 1995, or date of annexation, and which does not conform to the regulations for the zone in which it is located, shall be destroyed by fire, explosion, act of God or act of the public enemy to the extent of 100 percent of its value, according to the appraisal thereof by 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 of the regulations specified by this code for the zone in which such land and building are located.

In the event a building is destroyed to the extent of 100 percent of its value, the owner thereof shall have the right to rebuild for said use; provided said structure is rebuilt in conformance with the requirements of the most restrictive zone in which said nonconforming use would otherwise be permitted and provided permits for such construction are obtained within three months of the date of destruction and such construction is started within six months of the date of destruction.

A preliminary hearing, as may be required by written commission policy, shall be held by the commission to determine the merits of the draft text amendment, unless the amendment has been initiated by the town council;

The commission may set the proposed amendment for public hearing, remand it to the department for further development, deny the request, or continue the hearing for a definite time not to exceed nine months;

Public hearing notice shall be provided as directed by the town council for each proposed text amendment pursuant to at least one of the following notification procedures:

The commission shall hold, at a minimum, one public hearing at which all interested parties may appear and shall be heard;

The commission may continue the hearing for a definite time not to exceed nine months;

After the public hearing, the department shall transmit the findings and recommendation of the commission to the town council.