Mesa Zoning Regulations: Abandonment and Vacancy of Nonconforming Uses
In the City of Mesa, a legal nonconforming use loses its protected status if it is abandoned or remains vacant for a continuous period of one (1) year or more. Once this timeframe has elapsed, the City of Mesa prohibits the use from being resumed, reestablished, or reopened.
Abandonment of General Nonconforming Uses
According to the Mesa Zoning Ordinance, any use that was legally established but no longer complies with current district standards is considered a "legal nonconforming use." The City of Mesa stipulates that such a use may only continue as long as it is not abandoned [Section 11-36-2].
If a nonconforming use in the City of Mesa is vacated or abandoned for a period of one (1) year or more, it is legally terminated [Section 11-36-4]. To determine if abandonment has occurred, the Mesa Zoning Administrator may review evidence provided by the owner or operator, including:
- Monthly business receipts.
- Tax returns showing active business activity during the period in question [Section 11-36-4].
Specific Timelines for Signs and Wireless Facilities
While the standard rule for general uses is one year, the City of Mesa applies different vacancy and inactivity timelines for specific structures like signs and wireless communication facilities.
| Use or Structure Type | Period of Vacancy or Inactivity | Resulting Legal Status |
|---|---|---|
| General Nonconforming Use | 1 Year or more | Use may not be resumed or reopened |
| Nonconforming Sign | 180 Days or more | Considered a "Discontinued Sign" |
| Wireless Tower or Antenna | 12 Months (continuous) | Permit lapses; site considered abandoned |
| Pre-existing Wireless Tower | 6 Months (cessation of operations) | Must meet all current Ordinance requirements |
Nonconforming Signs
The City of Mesa defines a "Discontinued Sign" as any sign or sign structure located on a property that has been vacant or unoccupied for a consecutive period of 180 days or more, regardless of the owner's intent to abandon the sign [Section 11-50-3].
Wireless Communication Facilities
For wireless infrastructure, the City of Mesa requires the service provider to notify the Zoning Administrator of the intent to vacate a site at least 30 days prior to the move. If a tower or antenna is not operated for a continuous period of 12 months, the permit is deemed lapsed and the site is considered abandoned [Section 11-35-7]. Furthermore, a "pre-existing" tower (one lawfully erected prior to the current ordinance) loses its exemption from current standards if there is a cessation of operations for a period of 6 months [Section 11-35-2].
Sections Cited
- Section 11-35-2: Applicability; Exceptions
- Section 11-35-7: Cessation of Operations
- Section 11-36-2: Establishment of Legal Nonconforming Uses, Structures, and Lots
- Section 11-36-4: Abandonment of Nonconforming Uses
- Section 11-50-3: Definitions D Through F