Section 29.7 Expansion of Legal Nonconforming Uses
A. Purpose
These provisions provide for the orderly expansion of nonconforming commercial structures and uses to promote the public health, safety, and general welfare. This Section is intended to allow the reasonable expansion of commercial structures and uses which were legal nonconforming uses in the County or which became nonconforming by reason of their annexation into the Town of Oro Valley, and to establish the criteria under which they may be continued or expanded.
B. Status of Existing Uses
Any use or activity conducted contrary to the Town of Oro Valley Zoning Code Revised or other development regulations on the effective date of annexation, and constituting a legal nonconforming use under the town regulations, shall be entitled to be considered a legal nonconforming use under this code.
An existing legal nonconforming commercial use of a portion of a nonconforming commercial use in areas zoned C-1, C-2, or C-N may be expanded with the same type of nonconforming use, subject to the granting of a Use Permit (Section 22.4) after a noticed public hearing, and if all of the following findings are made:
1. That the amount of expansion does not exceed 50 percent of the floor area of the existing building devoted to the existing nonconforming use. Incremental expansions, cumulatively, shall not exceed the 50 percent provision.
2. That the nonconforming expansion shall be for the same legal use as the existing legal nonconforming use.
3. That the legal nonconforming use is existing and has not been vacant or discontinued for a period of three (3) or more calendar months.
4. That the expansion complies with development requirements including, but not limited to, setbacks applicable to the use for new construction, bicycle and motor vehicle parking regulations, and landscaping and screening requirements.
5. That the expansion area adjoins the land area where the nonconforming use is located.
C. Time Limitations on Expansion Rights
The expansion of legal nonconforming commercial uses permitted under this Section shall be allowed only until the later of two (2) years after the date this ordinance was adopted or two (2) years after the date the property where the nonconforming commercial use is located was annexed into the Town.