Section 1-060 General Provisions of Building and uses
A. Future changes: Zoning affects every structure and use. No building, structure, or premises shall be used or occupied, and no building or part thereof of other structures shall be erected, raised, moved, placed, maintained, reconstructed, extended, enlarged, or altered except in conformity with the regulations specified for the district, as shown on the official map, in which it is located.
B. Conformity of Buildings: No building, structure or premises shall be erected, maintained, altered or used so as to produce greater heights, smaller yards or less unoccupied area, and no building shall be occupied by more families that prescribed for such building, structure or premises for the district in which it is located.
C. Conformity of Open Spaces: No yard or open space, or part thereof, shall be included as part of the yard or open space similarly required for any other building, structure or dwelling under this Code.
D. Ordinance Not Retroactive: If at the time of the enactment of this Ordinance any lot, building or structure is being used in the manner or for a purpose which does not conform to the provisions of this Ordinance and which is not prohibited by some other Ordinance, such manner or use or purpose may be continued as provided in ARS 9-462 (B). Except that any person or corporation who has notice of this Ordinance during the time it is being considered, process thereafter at his own peril if he thereafter proceeds contrary to this Ordinance
E. Extending Existing Uses: Any existing, legal, nonconforming use may be extended throughout any part of a building which is arranged or designed for such use at the time of the enactment of this Ordinance.
F. Conditions Affecting Non-Conforming Uses: The lawful use of any structure, or land existing at the time a provision of this Code becomes effective which provision makes the use or structure unlawful may be continued, although such use or structure does not conform with said provisions provided the following conditions are met:
1. Unsafe structures: Nothing in this Code shall prevent requiring the strengthening or restoring to a safe condition of any portions of a structure declared unsafe by a proper authority.
2. Alterations: A structure devoted to a non-conforming use may be altered, improved or reconstructed, provided such work does not exceed in aggregate cost fifty percent (50%) of the appraised value of the structure.
3. Changes: A nonconforming use may be changed to a no less restrictive nonconforming used provided all other zoning standards are met, including number of parking spaces, sign size, paved parking area, etc.
4. Restoration: Nothing in this Code shall prevent the reconstruction, repairing, rebuilding and continued use of any non-conforming structure damaged by fire, collapse, explosion, or Acts of God, wherein the expense of such work does not exceed 60% of the value of the structure immediately prior to the occurrence of such damage, provided such reconstruction, or rebuilding is started within six (6) months after damage is diligently pursued to completion.
5. Abandonment: A non-conforming use of a structure or premises which has been abandoned shall not thereafter be returned to such non-conforming use. A non-conforming use shall be considered abandoned:
a. When the intent of the owner to discontinue the use is apparent or non-use has continued for 12 months, or;
b. When the characteristic equipment and the furnishings of the non-conforming use have been removed from the premises and have not been replaced by similar equipment within seven (7) months unless other facts show intention to resume the non-conforming use, or;
c. When it has been replaced by a conforming use, or when it has been replaced by another non-conforming use of a more restrictive zoning district.
6. Certificate of Non-Conforming Use:
a. When a provision of this Article makes a legal use non-conforming and when a written application by the property owner is made to the Building Official within one (1) year after non-compliance, the Building Official shall issue a certificate of non-conforming use to the property owner.
b. No use of land, or structures, shall be made other than that specified on the “Certificate of Non-Conforming Use.”
c. A copy of each “Certificate of Non-Conforming Use” shall be filed with the office of the Town Clerk. No building occupation permit or license shall be issued to any property for which a “Certificate of Non-Conforming Use” has been issued until the certificate is filed and the permit or license has been approved by the Building Official.
7. District Change: Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provision shall also apply to any use and structures made non-conforming by such change. (Prior code § 1-6)