(A)   This section is intended to limit the number and extent of non-conforming situations by prohibiting or limiting their enlargement, their reestablishment after abandonment and the alteration or restoration after destruction.

   (B)   The overall purpose is the gradual elimination of non-conforming uses or conversion to conforming uses in order to further the goals of the  Tusayan Area Plan and this zoning code.

(Ord. 2012-04, passed 12-5-2012)

   As used in this zoning code, unless the context clearly indicates otherwise, certain words and phrases shall mean the following.

   NON-CONFORMING SITUATION. A situation that occurs when, on the effective date of adoption of this zoning code or a previous ordinance or on the effective date of a zoning ordinance text amendment or a zoning map change, an existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. A NON-CONFORMING SITUATION may be any of the following.

      (1)   NON-CONFORMING LOT. A lot, the area or dimensions of which was lawful prior to the adoption, revision or amendment of the zoning ordinance or zoning map, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

      (2)   NON-CONFORMING PROJECT. Any structure, development or undertaking that is incomplete on the effective date of this zoning code or any amendment thereto or any zoning map change which would be inconsistent with any regulation applicable to the zone in which it is located if completed as proposed or planned.

      (3)   NON-CONFORMING SIGN. Any sign lawfully existing on the effective date of the zoning code or any amendment thereto which fails by reasonof such adoption or amendment to conform to all standards and regulations of the zoning code.

      (4)   NON-CONFORMING STRUCTURE OR BUILDING. A structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning code, but which fails by reason of such adoption, revision or amendment to conform to the present regulations applicable to the zone in which the property is located.

      (5)   NON-CONFORMING USE. A use or activity which was lawful prior to the adoption, revision or amendment of the zoning code or zoning map, but which is unlawful by the use regulations applicable to the district in which the property is located.

(Ord. 2012-04, passed 12-5-2012)

   Non-conforming situations that were lawful when created or established may be continued.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Non-conforming projects which have been approved or permitted before the effective date of this zoning code or any amendment thereto or of any zoning map change may be completed in accordance with the terms of their permits, so long as these approvals or permits were validly issued and remain unrevoked and unexpired.

   (B)   Non-conforming projects approved by conditional use permit shall be allowed to be completed so long as the use is commenced or a building permit is obtained within one year of approval.

   (C)   Applicable zoning regulations for a non- conforming project are those in place at the time of a building permit application or at the time of application for a zone change or conditional use permit.

   (D)   For projects designed to be completed in stages, construction may be completed according to regulations in effect on the date of approval pursuant to schedules of development approved by the Planning and Zoning Commission or Town Council.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Lots that were legally established and in conformance with the zoning code when created shall be considered usable.

   (B)   When the use proposed for a non- conforming lot is one that conforms in all other respects, but the applicable setback requirements cannot be reasonably complied with, the Hearing Officer may grant variances from the applicable setback requirements if it finds that:

      (1)   The property cannot reasonably be developed for the use proposed without such variance;

      (2)   The variance is necessitated by the size and shape of the non-conforming lot; and

      (3)   The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety.

   (C)   For the purpose of division (B) above, compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the non-conforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible.

   (D)   This section only applies to undeveloped non-conforming lots. A lot is undeveloped if it has no substantial structures on it. A change in use of a developed non-conforming lot may be accomplished in accordance with § 19.9.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Subject to the remainder of this section, non- conforming signs that were lawful when established may be continued.

   (B)   No non-conforming sign may be enlarged or altered in such a manner as to increase the extent of the non-conformity nor may illumination be added to any non-conforming sign.

   (C)   A non-conforming sign may not be moved or replaced except to bring the sign into complete conformity with this zoning code.

   (D)   Restoration of a damaged sign may be accomplished in accordance with § 19.8.

   (E)   The message of a non-conforming sign may be changed so long as this does not create any new non-conformities (for example, by creating an off-premise sign where such sign would not be allowed).

   (F)   Routine maintenance and repairs may be done so long as the cost of such work does not exceed 50% of the value of such sign within any 12-month period.

   (G)   If a non-conforming sign advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that has not been offered or conducted for a period of six months, that sign shall be considered abandoned and shall be removed within 30 days after such abandonment. If the business is resumed following the abandonment, all signs shall conform to this zoning code.

   (H)   If a non-conforming billboard remains blank for a continuous period of 180 days, that billboard shall be deemed abandoned and shall be removed within 30 days after such abandonment. For the purpose of this section, a sign is blank if:

      (1)   It advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted;

      (2)   The advertising message it displays becomes illegible in whole or substantial part; or

      (3)   The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Within non-conforming mobile home parks, mobile homes may be replaced, subject to the following.

      (1)   The total number of spaces in the mobile home park shall not be increased over the number existing at the time the park became non- conforming.

      (2)   There shall be a minimum ten-foot front setback.

      (3)   There shall be a minimum ten-foot spacing between mobile homes.

      (4)   Setbacks around the perimeter of the park shall not be reduced from those existing at the time the park became non-conforming.

   (B)   There shall be no expansion of a non- conforming mobile home park.

   (C)   Individual non-conforming mobile homes may not be replaced with other non-conforming mobile homes. Minor additions or improvements, such as decks, porches and cabanas with a cost up to 25% of the appraised value of the non-conforming mobile home, are permitted.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Except as otherwise specifically allowed in this section, no increase in the extent of non- conformity of a non-conforming situation is permitted. In particular, no non-conforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a non-conforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this section.

   (B)   No non-conforming use or structure shall be enlarged or extended so as to increase the non- conformity with respect to setbacks, height, density or number of units, distance between structures, parking or other requirements such as performance standards.

   (C)   Extension of hours or seasons of use, addition of new uses and changes in character of the non-conforming use are considered to be extensions and are not permitted.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Minor repairs and routine maintenance of property where non-conforming situations exist are permitted and encouraged. Major renovation (i.e., work estimated to cost more than 25% of the appraised value of the structure to be renovated) may only be done with the granting of a conditional use permit. Cost shall mean the fair market value of the materials and services necessary to accomplish the repair or maintenance.

   (B)   If a structure located on a parcel where a non-conforming situation exists is damaged to an extent of 50% or less of the appraised value of the damaged structure, then it may be repaired and replaced and the non-conforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. For damaged non-conforming signs, restoration must be initiated within three months and completed within six months. If the damage exceeds 50% or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located, and the non-conforming use shall not be resumed. Structure, as used in this division (B), includes on-premise signs and billboards. Non- conforming structures used for single-family or two- family residential purposes, if damaged to an extent exceeding 50% may be reconstructed and restored, subject to the granting of a conditional use permit.

   (C)   For the purpose of division (B) above, the extent of damage shall be based on the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior to the damage. Estimates for this purpose shall be reviewed and approved by the Town Manager or designee and shall be based on the minimum cost of construction in compliance with adopted building codes.

(Ord. 2012-04, passed 12-5-2012)

   (A)   A change in use of property where a non- conforming situation exists to a principal use that is permissible in the zone in which the property is located shall be accomplished in the same manner as establishing the use on a vacant lot. Once conformity with this zoning code is achieved, the property may not revert to its non-conforming status.

   (B)   If the change is to a permissible use, but all requirements of this zoning code (for example, property development and performance standards) cannot be met then the change may be allowed, subject to the Hearing Officer granting a variance for the waivers. In addition to other findings required for a variance, the Hearing Officer must find that:

      (1)   The change will not result in a violation of § 19.7; and

      (2)   All of the requirements that can reasonably be met will be met. Compliance is not reasonably possible if compliance cannot be achieved without the addition of land or without moving a substantial structure that is on a permanent foundation. Mere financial hardship related to such requirements as paving a parking lot may not constitute grounds for granting a variance.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Uses approved by conditional use permit which have become non-conforming because of a zoning ordinance text amendment or a zoning map change may continue until the expiration date of the permit.

   (B)   At that time, the Planning and Zoning Commission may grant a use permit for renewal if all of the original conditions of approval have been met, even if the use is no longer a permitted or conditional use in the zoning district in which the property is located.

   (C)   The Commission may impose reasonable improvements to bring the property into closer conformity or to mitigate the use.

(Ord. 2012-04, passed 12-5-2012)

   Whenever a non-conforming use has been discontinued, or changed to a conforming use, for a consecutive period of 180 days, use of the structure or site thereafter shall be in conformity with the regulations for the zone in which the property is located.

(Ord. 2012-04, passed 12-5-2012)