LEGAL NONCONFORMING USES AND LEGAL PROCEDURALLY CONFORMING USES
Mesa City Code § 11-36-3
in effect11-36-3: - LEGAL NONCONFORMING USES AND LEGAL PROCEDURALLY CONFORMING USES
A. Right to Continue a Legal Nonconforming Use or Legal Procedurally Conforming Use.
1. Right to Continue. A legal nonconforming use or legal procedurally conforming use may continue to operate within the structure(s), area(s), or spaces(s) which it occupied when lawfully established, subject to the provisions of this Section.
2. Change of Ownership, Tenancy, or Management. Changes of ownership, tenancy, or management of a lot, parcel, or structure occupied by or devoted to an existing legal nonconforming use or legal procedurally conforming use shall not affect its right to continue.
3. Discontinued Legal Nonconforming Use or Legal Procedurally Conforming Use. If a legal nonconforming use or legal procedurally conforming use is discontinued for a period of one (1) year or more, the right to operate such use shall terminate. Any subsequent use of the lot, parcel, or structure shall comply with all applicable requirements of the Zoning Ordinance.
a. Determination of Discontinued Use. The Zoning Administrator shall determine whether the use was discontinued for a period of one (1) year or more resulting in the termination of the right to operate such use.
b. Burden of Proof. It shall be the burden of the owner/operator of the use to provide evidence of continual operation of the use, such as a valid business license, monthly business receipts, or tax returns showing business activity during the time period in question.
B. Limitations on Legal Nonconforming Uses and Legal Procedurally Conforming Uses.
1. Expansion to Other Structures, Areas, Lots or Parcels. A legal nonconforming use or legal procedurally conforming use shall not be expanded to any other structure, area, lot, or parcel that it did not occupy when lawfully established; except an existing Single Residence use may construct an Accessory Dwelling Unit to the extent allowed by, and in compliance with Section 11-31-3 of the Zoning Ordinance.
2. Expansion Within a Conforming Structure. A legal nonconforming use or legal procedurally conforming use may expand within the conforming structure it occupied when lawfully established, subject to the land use regulations in Article 2 for the base zoning district in which it is located.
3. Expansion Within a Legal Nonconforming Structure. A legal nonconforming use or legal procedurally conforming use shall not be expanded within a legal nonconforming structure; except an existing Single Residence use may construct an Accessory Dwelling Unit to the extent allowed by, and in compliance with Section 11-31-3 of the Zoning Ordinance.
(Ord. No. 5963, § 1, 10-6-25)
Source: City of Mesa, Arizona, Mesa City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/mesa/codes/code_of_ordinances?nodeId=COOR_TIT11ZOOR_ART4DERE_CH36NOPRCO_11-36-3LENOUSLEPRCOUSFetched: 11/1/2026