Regulations for Legal Nonconforming Structures in the City of Mesa
Structures within the City of Mesa that were legally constructed but no longer meet current zoning standards regarding height, setbacks, or density are classified as legal nonconforming. These structures are permitted to continue indefinitely, though the City of Mesa restricts their expansion and limits structural repairs or reconstruction if damage exceeds 50% of the building's value. Major alterations to nonconforming residential structures, such as increasing the floor area by up to 50%, typically require a Special Use Permit to ensure compatibility with the surrounding neighborhood [Section 11-36-2, Section 11-36-7].
Establishment of Nonconforming Status
A structure in the City of Mesa is considered legal nonconforming if it was in existence and compliant with all applicable laws on the effective date of the current Zoning Ordinance or any subsequent amendments, even if it does not meet current standards for:
- Location, height, or floor area.
- Yards and setbacks.
- Usable open space.
- Buffering, screening, or landscaping.
- Provision of parking.
- Performance standards [Section 11-36-2].
Maintenance and Repair Limits
The City of Mesa allows for the continued use and maintenance of nonconforming structures, provided no enlargement or addition is made except as specifically authorized. Structural repairs—including the modification or repair of bearing walls, columns, beams, or girders—are permitted only if the cost of the work does not exceed 50% of the construction value of the structure (excluding the foundation) [Section 11-36-5].
Damage and Destruction Thresholds
If a nonconforming structure is damaged or partially destroyed, the ability to rebuild depends on the extent of the damage.
| Extent of Damage | City of Mesa Requirement |
|---|---|
| 50% or less of construction value | May be restored or rebuilt by right to the previous size, extent, and configuration [Section 11-36-6]. |
| More than 50% of construction value | Replacement must comply with all current City of Mesa regulations, unless a Special Use Permit (SUP) is granted to continue the original use [Section 11-36-6]. |
Expansion and Enlargement Rules
Generally, the City of Mesa prohibits the expansion of a nonconforming use into portions of a structure that it did not occupy at the time the ordinance was enacted. Furthermore, a nonconforming use cannot be expanded into any structure that is itself nonconforming [Section 11-36-3].
Authorized Alterations with a Special Use Permit
The City of Mesa Zoning Administrator may authorize certain enlargements that extend into nonconforming yards or exceed height limits through a Special Use Permit, provided the following conditions are met:
- The alteration does not further reduce any existing nonconforming yard.
- The alteration does not exceed current Building Height limits.
- The alteration does not further reduce existing nonconforming Lot Coverage or Floor Area Ratio (FAR) requirements.
- Any required increase in off-street parking can be provided [Section 11-36-7].
Residential Specific Exceptions
For legal nonconforming Single Residences or duplexes, the City of Mesa permits enlargements of up to 50% of the existing Floor Area with an approved Special Use Permit. Additionally, if a nonconforming residential lot lacks sufficient parking, a second unit may still be developed if it complies with all other current City of Mesa requirements [Section 11-36-7].
Rules for Form-Based Code (FBC) Areas
Structures located within the City of Mesa's Form-Based Code (Article 6) districts follow distinct thresholds for modifications.
| Modification Scale in FBC Districts | Process Required |
|---|---|
| Increase of 20% or less in floor area (max 1,000 sq. ft.) | May proceed via Zoning Clearance subject to Planning Director conditions [Section 11-56-3]. |
| Increase of more than 20% or more than 1,000 sq. ft. | Requires a Substantial Compliance Improvement Permit (SCIP) per Chapter 73 [Section 11-56-3]. |
Abandonment of Status
If a legal nonconforming use within a structure in the City of Mesa is abandoned or vacated for a continuous period of one year or more, the nonconforming status is lost. Any future use or occupancy of the building must comply entirely with the current regulations of the zoning district in which it is located [Section 11-36-4].
Sections Cited
- 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 to Nonconforming Structures)
- Section 11-56-3 (Effect on Existing Development and Land Uses)