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1. What is a legal nonconforming use?

If a building, structure, or other use of land was legal when it was constructed, then it generally stays legal, even if new regulations or amendments (that might otherwise make it illegal) are passed later.

2. How do you determine if a use is legal nonconforming?

Our staff keeps records that can sometimes confirm that a particular structure was in place before a new regulation was passed. If we don’t have a record, the owner will need to provide some type of documentation from an independent third party that substantiates their claim, along with a site plan (a drawing that shows all uses and structures on the property in question).

If an owner can’t prove that a structure existed before the regulation in question was passed, they’ll need to comply with it. Please contact our office at 928-368-8696 if you think that your land use might be legal nonconforming, and we’ll begin searching our records.

3. What are conditional uses?

Conditional uses are neither absolutely permitted as a right, nor prohibited by law. They must be applied for and approved by the Planning and Zoning Commission. The conditional use regulations attempt to allow some flexibility, while still providing for the general health and safety of the community.

4. What is a conditional use permit?

Conditional use permits are authorizations by the Town to allow a nonconforming use of land or structures. They require a public hearing, and are only granted for uses expressly authorized by the Town’s zoning regulations.

5. How do I get a conditional use permit?

To find out how to apply for a conditional use permit, please visit our Conditional Use Permits page.

6. Can a conditional use permit be revoked or terminated?

Yes, the Planning and Zoning Commission can hold a public hearing to decide whether or not to revoke a permit if any of the following conditions are met:

• There is a failure to comply with any conditions of the permit’s original approval, or other applicable provisions of the Town’s zoning regulations.
• The conditional use stops for a year or more (or isn’t constructed within a year of the permit being granted).
• The Town’s General Plan changes, so that the use in question is no longer permitted in that district.

7. What is a variance?

A variance is relief from or a modification of some provision of a zoning ordinance due to special circumstances which are not authorized in the Town’s zoning regulations. In Arizona, only the local Board of Adjustments can grant a variance.

8. How do I get a variance?

Fill out an application and turn it in to the Community Development Department, along with any other requested information, and pay a $100 application fee. Once we receive your application, we will schedule a public hearing with the Board of Adjustments, who will decide whether or not to allow the variance.

9. What is a Planned Unit Development (PUD)?

A Planned Unit Development (PUD) provides a broad framework for the development of:

• Any necessary commercial areas
• Off-street parking
• Open spaces for recreation
• Preservation of our rural atmosphere
• Subdivisions, or other land use projects containing various dwelling types

10. What is a subdivision?

A subdivision is a plot of land (whether improved or unimproved) which has been divided for the purpose of sale, lease, or for cemetery purposes, into four or more pieces.

11. What is a minor land division?

A minor land division means the land has only been split into two or three lots (not enough for a subdivision).

12. What is a land split?

A land split falls under the definition of a minor land division, which means the land has only been split into two or three lots (not enough for a subdivision).