Mesa Zoning Regulations for Legal Nonconforming Uses and Structures
The City of Mesa allows for the continuation of uses, structures, and lots that were legally established but no longer comply with current standards due to code amendments or annexations. These "grandfathered" entities may remain provided they are not expanded, significantly altered, or abandoned for a period of one year or more. For specific residential types, such as single residences and duplexes, the Mesa Zoning Ordinance permits limited expansions of up to 50% of the floor area subject to a Special Use Permit [Section 11-36-2, 11-36-7].
Establishment of Legal Nonconforming Status
In the City of Mesa, a nonconformity exists if a building, use, or lot was in compliance with the law at the time of its creation but falls short of current requirements regarding location, density, height, setbacks, or parking. This status also applies to properties brought into the City of Mesa through annexation that were legal under previous County regulations but do not conform to the City of Mesa Zoning Ordinance [Section 11-36-2, 11-78-4].
Maintenance and Expansion Rules
The City of Mesa prohibits the expansion of a nonconforming use into any structure or lot it did not occupy on the date the current ordinance was enacted. However, specific rules apply to the physical upkeep and internal changes of these properties.
| Action | Regulation |
|---|---|
| Continuance | Legally established uses and structures may continue if there is no increase in occupant load and no physical enlargement [Section 11-36-5]. |
| Structural Repairs | Allowed if required for safety, provided the cost does not exceed 50% of the construction value of the structure (excluding foundation) [Section 11-36-5]. |
| Internal Expansion | A nonconforming use may expand within the existing footprint of a conforming structure if that structure met code at the time of expansion [Section 11-36-3]. |
| Residential Expansion | Single residences and duplexes may expand up to 50% of floor area via a Special Use Permit [Section 11-36-7]. |
Abandonment and Damage
Grandfathered rights in the City of Mesa are not perpetual and can be lost through inactivity or extreme physical damage.
The One-Year Rule
A legal nonconforming use is considered abandoned if it is vacated or ceases operation for a continuous period of one year or more. Once abandoned, the use may not be resumed, and any future activity on the site must comply with the current City of Mesa Zoning Ordinance [Section 11-36-4].
Damage and Reconstruction
If a nonconforming structure is damaged or partially destroyed, its ability to be rebuilt depends on the extent of the damage:
- Damage ≤ 50% of Value: The structure may be restored or rebuilt to its previous configuration by right [Section 11-36-6].
- Damage > 50% of Value: The structure and its use must generally comply with all current City of Mesa regulations. The Zoning Administrator may potentially approve a Special Use Permit to allow the previous use to continue if the structure is rebuilt to a size and configuration similar to what existed previously [Section 11-36-6].
Nonconforming Lots and Signs
The City of Mesa provides specific protections for undersized lots and older signage.
Legal Nonconforming Lots
Any lot or parcel duly recorded in the Maricopa County Recorder's Office that was lawfully created but has less area, width, or depth than currently required remains a legal lot. It may still be used as a building site, provided all other development standards of the applicable City of Mesa zoning district are met [Section 11-30-6, 11-78-4].
Grandfathered Signage
Nonconforming signs in the City of Mesa must be maintained in good repair but are subject to strict limitations on movement.
- Relocation: A nonconforming sign structure cannot be re-erected, relocated, or replaced unless it is brought into full compliance.
- Deterioration: If a sign is damaged or allowed to deteriorate to the point where repair costs exceed 50% of the cost of reconstruction, it must be removed or brought into compliance [Section 11-48-1].
- Condemnation Exception: If a sign must be moved because a public entity acquires a portion of the property (e.g., for road widening), it may be relocated on the remainder of the property without losing its nonconforming status, provided it is not increased in height or area [Section 11-48-2].
Sections Cited
- Section 11-1-6: Effect on Previously Approved Projects
- Section 11-30-6: Lots and Land Divisions
- Section 11-36-1: Purpose and Applicability
- Section 11-36-2: Establishment of Legal Nonconforming Uses, Structures, and Lots
- Section 11-36-3: Expansion of Nonconforming Uses
- Section 11-36-4: Abandonment of Nonconforming Uses
- Section 11-36-5: Continuation and Maintenance
- Section 11-36-6: Damaged or Partially Destroyed Structures
- Section 11-36-7: Alterations and Enlargements
- Section 11-48-1: Maintenance, Alteration, or Removal of Legal Nonconforming Signs
- Section 11-48-2: Legal Nonconforming Signs on a Severed Parcel
- Section 11-78-4: Existing Uses and Structures (Annexation)