Exemptions

“Nothing contained in any ordinance by this chapter shall: prevent, restrict or otherwise regulate the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five (5) or more contiguous commercial acres.”

1. In order to qualify for an exemption from zoning regulations as property used for “grazing or general agricultural purposes” the property must meet each of the following standards:
   1. The property is at least five (5) contiguous commercial acres in size. (A commercial acre is thirty-six thousand (36,000) square feet.)
   2. The primary use of and investment in the property is directed toward production of agricultural products through agronomy, horticulture or animal husbandry (‘exempt purposes’).
   3. The property is intended for, and is reasonably capable of, producing a normal profit through exempt purposes.
   4. The primary function of the property is to produce an agricultural crop or commodity and is found by the County Assessor to be a qualifying agricultural property in accordance with the Arizona Department of Revenue Agricultural Manual.
2. Property used primarily for residential, commercial or recreational purposes, on which livestock or agricultural production is incidental, including hobby farms or ranches, horse acres, cabin sites or forestry tracts does not qualify for exemption. Property cultivated on a supplement or part-time basis, such as minifarms or gardens not capable of economic self-sufficiency on the basis of agricultural use, generally do not qualify for an exemption.
3. An exemption granted the property owner, is open to review and may be cancelled at any time upon a determination by the Land Use Specialist that the property no longer meets the standards of Paragraph A.
4. Application for initial exemption or for renewal of an existing exemption shall be made on forms provided by the Development Services Department. The Land Use Specialist will evaluate each application for compliance with the standards set forth in this Section.
5. With respect to property not previously used for an exempt purpose, a provisional exemption may be granted on the basis of representations by the owner as to the intended use of the property, subject to presentations by the owner of evidence of compliance with Paragraph A, within one (1) year after grant of the exemption.
6. A person aggrieved by a decision of the Land Use Specialist to grant, deny or cancel an exemption may appeal to the Board of Adjustments and Appeals in the manner provided by Ordinance for appeal of an enforcement decision.

Nothing contained in any ordinance by this chapter shall: prevent, restrict or otherwise regulate the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five (5) or more contiguous commercial acres.

Agricultural Exemption Application(PDF, 305KB)

"Nothing contained in any ordinance by this chapter shall: prevent, restrict or otherwise regulate the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five (5) or more contiguous commercial acres."

Mining/Metallurgical Use Exemption Application(PDF, 205KB)

The lawful use of any building, structure, or land existing at the time of the effective date of this Ordinance may be continued, although such use does not conform with the provisions hereof.

1. Discontinuance: If a non-conforming use shall be discontinued on a continuous basis for a period of twelve (12) months except as noted for dwelling units, any subsequent use shall conform with the provisions of this Ordinance. If the use of a dwelling unit as non-conforming lodging is discontinued on a continuous basis for a period of thirty (30) days, such use shall conform with the provisions of this Ordinance.
2. Wear and Tear: Nothing in this Ordinance shall prevent the reconstruction, repairing and continued use of a non-conforming structure or part thereof rendered necessary by wear and tear, deterioration or depreciation.
3. Restoration: Any non-conforming structure or a conforming building containing a nonconforming use, damaged, or destroyed by casualty or Act of God may be restored within a twelve (12) month period there from without impairment to any non-conforming status.
4. Change of Use: A non-conforming use may not be changed to another use unless or without complying with the provisions of this Ordinance.
5. Expansion: 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 nonconforming 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 nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this Section. Pursuant to Arizona Revised Statutes §11-830, within any zoning district, subject to the granting of a Use Permit, a non-conforming business use may expand if such expansion does not exceed one hundred percent (100%) of the area of the original business. Such expansions shall be limited to uses of the same basic nature and character. Expansion shall be limited to the original parcel on which the use was located at the time it became non-conforming. For uses within a structure, the expansion shall be measured by floor area. For business uses not involving a structure, for example junk yards, truck yards.
6. Mixed Uses: Non-conforming and conforming uses and structures may be included on the same lot within limits of the District regulations for conforming use and structures.

Pre-Existing Use Exemption Application(PDF, 205KB)

A property owner may apply for a variance to allow a Secondary Medical Dwelling for the use of an ill, handicapped or elderly person in need of special care or supervision, or a care provider for such person, if the ill, handicapped or elderly person is the owner or the resident of the main dwelling or a relative of the owner or resident of the main dwelling.

The use is conditional upon the actual density standards being met. Approved Secondary Medical Dwelling Variances are good for a period of three (3) years, with annual Staff review, and may be extended if the need is verified.

Medical Variance Application(PDF, 342KB)