Part III - NE Santa Cruz County Development Code

Chapter One - Purpose, Authority, General Provisions

This chapter establishes the purpose of this ordinance, identifies the enabling statute pursuant to which it is adopted, repeals conflicting ordinances, establishes certain vested rights during the transition from the previous zoning ordinance, provides rules for the continuation of nonconforming uses, and establishes general rules for the interpretation of this ordinance.

I.A. Purpose. As provided by §11-802, ARS, the purpose of this ordinance shall be to conserve and promote the public health, safety, convenience, and general welfare by implementing the regulatory strategies of the Comprehensive Plan for NE Santa Cruz County. All requirements of this ordinance shall be interpreted as the minimum necessary to achieve this purpose.

I.B. Authority. This ordinance is adopted pursuant to the authority granted by §11-801, ARS, et seq.

I.C. Repeal. All prior ordinances are repealed to the full extent of their inconsistency with this ordinance.

I.D. Vested Rights. This section protects developments that had obtained a permit before the effective date of this ordinance, but were not completed, and thus not 'existing', from the change in regulations. It also provides for vested rights for certain developments that could be affected by future changes in this ordinance. It is important to note the difference between these provisions for vested rights and the provisions this ordinance makes for existing lots, uses, and buildings. This section applies only to development that had obtained a permit, but was not completed on the effective date of this ordinance or future changes in this ordinance. I.E and I.F explain the impact of this ordinance on existing lots, uses, and buildings.

1. Any building for which a permit had been obtained in full compliance with the Santa Cruz County Zoning and Development Code has a right to be completed and occupied, even if it will be nonconforming. This right expires with the permit.
2. Any subdivision for which a final plat has been recorded in full compliance with the Santa Cruz County Zoning and Development Code has a right to convey lots and install required improvements, even if it does not fully comply with this ordinance. Development of the lots, or any subsequent division of lots or amendment of the plat, shall comply with this ordinance, except as provided by I.E.
3. Rights to proceed with development begun in compliance with this ordinance may be established only by obtaining a permit in full compliance with its requirements. These rights expire with the permit or, where one has been approved, the development agreement.
4. Vested rights established by I.D.1, 2, and 3 are for a development as approved. Any change from what was approved shall comply with this ordinance.

I.E. Nonconforming Lots. Some existing undeveloped lots would not be approved as building sites if submitted for review for compliance with this ordinance. These nonconforming lots may be developed, but only as provided here.

1. Nonconforming lots may be divided, and thus eliminated, in order to enlarge adjoining lots.
2. Wherever possible, adjoining nonconforming lots that are in a single ownership shall be consolidated to create a conforming lot or lots. I.E.3 applies only where consolidation to create a conforming lot or lots is impossible.
3. Where a nonconforming lot cannot be consolidated as required by I.E.2, one single family dwelling may be built on that lot. A Class I permit for the construction or installation of such a dwelling shall be approved if the administrator finds that it complies with this ordinance to the fullest extent possible.

1. A nonconforming use that is abandoned for more than 18 months may be replaced only with a conforming use.
2. Nonconforming uses and buildings may be maintained and repaired, but no such activity shall increase the degree on nonconformity or result in a change of use, except as permitted by I.F.4.
3. Nonconforming buildings may be replaced or enlarged, if the degree of nonconformity is not increased. Replacement or enlargement of a nonconforming building requires a Class I permit. See III.I for the Class I permit procedure.
4. Nonconforming uses may be changed, provided that the result of the change is to lessen the degree of nonconformity. Change of a nonconforming use requires a Class II permit. See III.J for the Class II permit procedure.

I.G. Private Agreements. This ordinance does not nullify easements, covenants, and similar private agreements, but where such an agreement imposes requirements less restrictive than those adopted here, this ordinance shall apply.

I.H. Burden of Proof. The burden of demonstrating compliance with this ordinance, including the responsibility to submit complete and accurate application materials, rests with the developer.

I.I. Severability. If any requirement of this ordinance, or the application of this ordinance to particular circumstances, is held to be invalid by a state or federal court, the remaining requirements, or the application of the ordinance to other circumstances, shall remain unaffected.

I.J. Effective Date. This ordinance becomes effective upon adoption and publication, as required by law.

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