Unified Land Development Code - Town of Gilbert

ARTICLE V. NON-CONFORMING USES AND STRUCTURES
The lawful use of any land, building or structure existing at the time of the enactment of this Code
may be continued even though such use does not conform with the provisions of this Code, or
amendments thereto for the zoning district in which it is located.
5.1 Non-conforming uses.
5.11 Expansion.
A non-conforming use shall neither be expanded nor extended to displace a conforming use; but
the extension of a lawful use to any portion of a non-conforming building which existed prior to
the original enactment of this Code (June 10, 1974) shall not be deemed the extension of such nonconforming
use.
5.12 Change.
A. Once changed to a conforming use, no building or lands shall be permitted to revert to a nonconforming
use.
B. A non-conforming use may be changed to a use of the same or more restrictive
classification, and when so changed to a more restrictive classification, such use there after
shall not be changed to a less restrictive classification.
C. Whenever the boundaries of a district shall be changed so as to transfer an area from one
district to another district of a different classification, the foregoing provisions shall also
apply to any non-conforming uses existing therein.
5.13 Abandonment.
Whenever a non-conforming use has been discontinued for a period of three (3) months, such use
shall not there after be re-established, and any further uses shall be in conformity with the provisions
of this Code.
5.14 Prohibited uses.
Notwithstanding any other provisions of this Code, any automobile wrecking yard or other junk
yard (or any billboard, non-conforming sign or advertising structure) in existence in any residence
district at the date of original enactment of this Code (June 10, 1974) shall at the expiration of three
(3) years from such date become a prohibited and unlawful use and shall be discontinued. (See ARS
9-462.02)
5.2 Non-conforming structures.
5.21 Reconstruction.
A non-conforming building may not be reconstructed or structurally altered to an extent exceeding
fifty (50) percent of its cost to rebuild unless said building is changed to a conforming use.
A. Any structure or portion thereof declared unsafe by a proper authority may be restored to a
safe condition.
Ch. I, Pg. 251