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HomeMy WebLinkAboutBA.2012.0320.Agenda POST AGENDA .�1 Ai/v." E t MEETING NOTICE ym►' . OF THE 9,� w.._,w•. os," `hi,is `$ BOARD OF ADJUSTMENT Chairman Paul Ryan Vice-Chairman Carol Perica Members John Kovac III, (2) Newly Appointed Members Pursuant to A.R.S. 38-431.02,notice is hereby given to the members of the Fountain Hills Board of Adjustment and to the general public that the Fountain Hills Board of Adjustment will hold a meeting, which is open to the general public, on March 22,2012, a t 6:30 p.m. in the Town of Fountain Hills Community Centers, 13001 N. La Montana, Fountain Hills,Arizona. WHEN: Tuesday, March 20,2012 TIME: 6:30 P.M. WHERE: TOWN OF FOUNTAIN HILLS COMMUNITY CENTER AGENDA ITEMS 1. CALL TO ORDER,PLEDGE TO THE FLAG,MOMENT OF SILENT REFLECTION,AND ROLL CALL.@ 6:30 p.m. 2. AGENDA ITEMS#2- CONSIDERATION of the Board of Adjustment meeting minutes for February 21, 2012. APPROVED 3-0, by those present at the meeting on 2-21-2012. [Two members abstained] 3. PUBLIC HEARING to receive comments on a requested VARIANCE from Section 4.01,of the Town of Fountain Hills Zoning Ordinance to allow the re-construction of a house within ten feet of a street-side property line at 17024 N. De Anza Drive. Case Number V2012-01. NO ACTION 4. CONSIDERATION of a VARIANCE from Section 4.01, of the Town of Fountain Hills Zoning Ordinance to allow the re-construction of a house within ten feet of a street-side property line at 17024 N. De Anza Drive. Case Number V2012-01. APPROVED 5-0 ,'4117 5. ADJOURNMENT.@ 6:55 p.m. Board of Adjustment POST AGENDA Supporting documentation and staff reports furnished the Board with this agenda are available for review in *.""the Development Service Department. DATED this 12th day of March 2012 Robert Rodgers Senior Planner Planning&Zoning The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003(voice)or 1-800-367-8939(TDD)48 hours prior to the meeting to request reasonable accommodations to participate in this meeting. A majority of the Council Members may be in attendance. No official action will be taken. 111116. Board of Adjustment AIN +4 f b 1 ° MEETING NOTICE OF THE BOARD OF ADJUSTMENT Chairman Paul Ryan Vice-Chairman Carol Perica Members John Kovac III, (2) Newly Appointed Members Pursuant to A.R.S. 38-431.02, notice is hereby given to the members of the Fountain Hills Board of Adjustment and to the general public that the Fountain Hills Board of Adjustment will hold a meeting, which is open to the general public, on March 22, 2012, a t 6:30 p.m. in the Town of Fountain Hills Community Centers, 13001 N. La Montana, Fountain Hills,Arizona. WHEN: Tuesday,March 20,2012 TIME: 6:30 P.M. WHERE: TOWN OF FOUNTAIN HILLS COMMUNITY CENTER — AGENDA ITEMS 1. CALL TO ORDER,PLEDGE TO THE FLAG, MOMENT OF SILENT REFLECTION,AND ROLL CALL. 2. AGENDA ITEMS#2- CONSIDERATION of the Board of Adjustment meeting minutes for February 21, 2012. 3. PUBLIC HEARING to receive comments on a requested VARIANCE from Section 4.01,of the Town of Fountain Hills Zoning Ordinance to allow the re-construction of a house within ten feet of a street-side property line at 17024 N. De Anza Drive. Case Number V2012-01. 4. CONSIDERATION of a VARIANCE from Section 4.01, of the Town of Fountain Hills Zoning Ordinance to allow the re-construction of a house within ten feet of a street-side property line at 17024 N. De Anza Drive. Case Number V2012-01. 5. ADJOURNMENT. `supporting documentation and staff reports furnished the Board with this agenda are available for review in the Development Service Department. Board of Adjustment .L)ATED this 12th day of March 2012 Robert Rodgers Senior Planner Planning&Zoning The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003(voice)or 1-800-367-8939(TDD)48 hours prior to the meeting to request reasonable accommodations to participate in this meeting. A majority of the Council Members may be in attendance. No official action will be taken. Board of Adjustment TOWN OF FOUNTAIN HILLS k Planning and Zoning Wit X Board of Adjustment t ha t is iti AGENDA ACTION FORM Meeting Date: March 20, 2012 Meeting Type: Regular Agenda Type: Regular Submitting Department: Planning&Zoning Staff Contact Information: N/A REQUEST TO COMMISSION: Consideration of approving the Board of Adjustment Regular meeting minutes from February 21, 2012. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background): Approval of the Board of Adjustment Regular meeting minutes from February 21, 2012. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact(initial and ongoing costs; budget status): N/A Recommendation(s): Approval Staff Recommendation(s): Approval SUGGESTED MOTION: Move to approve the Board of Adjustment Regular meeting minutes dated February 21, 2012, as presented. Attachment(s): Submitted by: 57(;),/ee Maate, March 12, 2012 Name/Title Date ppr • by: (Oa/ %rPnner Date Page 1 of 1 �a�likuv TOWN OF FOUNTAIN HILLS �O 'f 5 Planning and Zoning w, mor X Board of Adjustment 00' that isAP' AGENDA ACTION FORM Meeting Date: March 20, 2012 Meeting Type: Regular Agenda Type: Regular Submitting Department: Development Services Staff Contact Information: Bob Rodgers, Senior Planner,480-816-5138, rrodgers(a.fh.az.gov REQUEST TO ZONING BOARD OF ADJUSTMENT: PUBLIC HEARING to receive comments on a requested VARIANCE from Section 4.01 of the Town of Fountain Hills Zoning Ordinance to allow the re-construction of a house within ten feet of a street-side property line at 17024 N. De Anza Drive. Case #V2012-01 CONSIDERATION of a VARIANCE from Section 4.01 of the Town of Fountain Hills Zoning Ordinance to allow the re- construction of a house within ten feet of a street-side property line at 17024 N. De Anza Drive. Case #V2012-01 Applicant: Brian G. Birchfield Applicant Contact Information: 3954 S. Sage Drive, Chandler, AZ 85248 (602) 573-6205 Property Owner: Josh Edwards 17024 N. De Anza Drive Fountain Hills, AZ 85268 (480) 220-6783 Property Location: 17024 N. De Anza Drive Fountain Hills Plaza, AZ Related Ordinance, Policy or Guiding Principle: Fountain Hills Town Code Section 2-8 Board of Adjustment Fountain Hills Zoning Ordinance Section 2.07.B. Variance Fountain Hills Zoning Ordinance Section 4.01. Non-Conforming Uses and Structures Fountain Hills Zoning Ordinance Section 6.07.E. General Regulations Fountain Hills Zoning Ordinance Section 2.07.B —Variance Fountain Hills Town Code Article 2-8-4 — Board of Adjustment Duties Fountain Hills Town Code Article 2-8-6 —Variances Fountain Hills 2006-2010 Strategic Plan —Conformance with Town Regulations Staff Summary (background): The house at 17024 N. De Anza Drive was constructed prior to town incorporation and was originally built in conformance with the existing County zoning requirements. The property is currently vacant due to a fire destroying the house. EXISTING ZONING: "R1-6"—Single-Family Residential EXISTING CONDITION: Vacant LOT SIZE: 8,259 sq. ft. SURROUNDING LAND USES &ZONING: Single-Family Residential -Zoned "R1-6" Page 1 of 5 This is a request for a variance from Section 4.01.D of the Zoning Ordinance. This section states; "When any nonconforming use or structure is dismantled or damaged by fire, explosion, collapse, act of God, act of the owner, or act of public enemy to the extent of greater than fifty (50) percent of its reconstruction or replacement value, as determined by three (3) competent appraisers, then the said structure and the use of the land shall conform to all regulations for the zoning district in which said structure and land is located." CODE REQUIREMENTS: Town Code Article 2-8 BOARD OF ADJUSTMENT Section 2-8-4 Duties A. It shall be the duty of the board of adjustment to hear appeals concerning the interpretation or administration of the zoning code, made by the zoning administrator. The board may reverse, affirm, wholly or partially or modify the order, requirement or decision of the zoning administrator appealed from, and make such order, requirement, decision or determination as necessary. B. It shall be the duty of the board of adjustment to hear and decide appeals for variances from the terms of the zoning code only, if because of special circumstances applicable to the subject property, including its size, shape, topography, location or surroundings, the strict application of the zoning code will deprive such property owner of privileges enjoyed by owners of other property of the same classification in the zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. C. The board of adjustment may not: 1. Make any changes in the uses permitted in any zoning classification or zoning district, make any changes in the terms of the zoning code or make changes to the zoning map, provided the restriction in this paragraph shall not affect the authority to grant variances pursuant to this article. 2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner. Town Code Article 2-8 BOARD OF ADJUSTMENT Section 2-8-6 Variances Every variance shall be personal to the applicant and shall run with the land only after completion of any structure or structures authorized thereby. Zoning Ordinance Chapter 2 PROCEDURES Section 2.07 Appeals and Variances B. Variance. 1. Any aggrieved person may appeal to the Board of Adjustment for a variance from the terms of the Zoning Ordinance if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the Zoning Ordinance will deprive such property owner of privileges enjoyed by owners of other property of the same classification in the same Zoning District. Any variance granted shall be made subject to such conditions as will assure that the adjustment authority shall not constitute a granting of special privileges inconsistent with the limitations upon other properties in the zone in which such property is located. Page 2 of 5 2. The Board shall hear the appeal at the next regularly scheduled meeting after the required advertising requirements have been fulfilled. Notice of the hearing shall be made by publishing a notice thereof in the official newspaper of the Town and by posting the property affected not less than fifteen (15) days prior to the hearing. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered. 3. A variance shall not be granted by the Board unless the alleged hardship caused by literal interpretation of the provisions of this ordinance results in more than personal inconvenience and/or personal financial hardship, and is not the result of actions of the applicant. 4. In granting a variance, the Board shall impose such conditions and safeguards as are appropriate to ensure that the purpose and intent of this ordinance remain intact. 5. No nonconforming use or violations of this ordinance with respect to neighboring lands, structures, or buildings in the same Zoning District, and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for granting a variance. 6. Every variance shall be personal to the applicant therefor and shall be transferable and shall run with the land only after completion of any structure or structures authorized thereby. 7. Nothing herein contained shall be construed to empower the Board to change the terms of this ordinance, to authorize uses which violate any other Town ordinance, to affect changes in the zoning map, or to add to or change the uses permitted in any Zoning District. JUSTIFICATION: The applicant has provided a narrative (attached) that outlines their justifications for the four variance criteria. These are noted briefly below. Staff has noted their review opinion below as well. 1. Special circumstances or conditions exist regarding the land, building, or use referred to in the application, which do not apply to other properties in the district. Applicant: This residence was involved in a fire last fall. All livable area has been demolished and removed. The zoning building setbacks along streets have changed since the original construction from 10' setbacks to 20' setbacks. The request is to be permitted to reconstruct the house as previously located. Staff: The Cottonwoods development, which this property is a part of, was originally permitted to construct the houses within 10' of a front or street-side property line. Upon being zoned R1-6 the building front and street-side setbacks became 20'. Other houses within the immediate area are constructed according to the previous 10' setback requirements. Reconstruction according to the 10' setbacks would not create an obvious difference in appearance from other houses in the neighborhood. 2. The above special circumstances or conditions are pre-existing and are not created or self-imposed by the owner or applicant. Applicant: The special circumstance is pre-existing and was not created by the owner or applicant. Staff: Staff assumes that the applicant's statement refers to the zoning of the property. Staff does not agree that the zoning district requirements by themselves constitute a pre-existing special circumstance. The entire area currently has R1-6 zoning and has been for many years. Staff believes that the only special circumstance that can be considered is that the house was destroyed by fire. Page 3 of 5 3. The variance is necessary for the preservation of substantial property rights. Without a variance the property cannot be used for purposes otherwise allowed in the district. Applicant: Without the variance, the residence would have to be redesigned. The redesign would substantially alter the functional layout, square footage, and value of the property compared to neighboring properties. Staff: Staff agrees that the house would have to be redesigned from its original footprint if the variance is not granted. Staff has not been provided with alternative floor plans for review, or any appraisal information regarding relative house values in the area, and so can not speak to the accuracy of those statements. 4. The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public welfare. Applicant: The authorization of this variance will not affect any persons residing or working in the vicinity of the property, or to the neighborhood, or the public welfare. Staff: Staff agrees that a variance to allow the reconstruction of the previous house footprint would not affect other nearby parties or properties in a negative manner. Risk Analysis (options or alternatives with implications): Granting the variance will allow the applicants to reconstruct the house located as before and within 10' of the front and street-side property lines. Denial of the variance will require that the applicant reconstruct the house according to the current R1-6 zoning ordinance setbacks. Fiscal Impact(initial and ongoing costs; budget status): None anticipated Staff Recommendation(s): Staff recommends the following findings: 1. Special circumstances or conditions exist regarding the land, building, or use referred to in the application, which do not apply to other properties in the district. FINDING: MET The arguments that the property was rezoned after the house was built, that the house was subsequently destroyed by fire, and that reconstruction under the current setback requirements would create a substantially different requirement from the other properties in the area meets the minimum criteria needed to show that special circumstances and conditions exist regarding the property that do not apply to other properties in the district. 2. The above special circumstances or conditions are pre-existing and are not created or self-imposed by the owner or applicant. FINDING: MET The argument that the pre-existing house was destroyed by fire meets the minimum criteria needed to show that special circumstances and conditions exist that were not self-imposed and that do not apply to other properties in the district. Page 4 of 5 3. The variance is necessary for the preservation of substantial property rights. Without a variance the property cannot be used for purposes otherwise allowed in the district. FINDING: NOT MET Allowing an exact duplication of a pre-existing nonconforming structure is not a substantial property right that needs to be protected under the town's zoning. In fact, Section 4.01.D specifically requires otherwise and Section 4.01.G speaks specifically to properties that have been re-zoned. Limiting the overall size and location of the building footprint does not stop the property from developing under the R1-6 zoning district requirements. It should also be noted that the district is not limited to single-story homes and as such the square footage of the house may not necessarily have to be reduced. 4. The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity,to adjacent property, or to the neighborhood or the public welfare. FINDING: MET The applicant's proposal is in keeping with standards established in the surrounding area as well as other residential districts and the proposed variance will not be materially detrimental to persons or property in the vicinity. SUGGESTED MOTION: APPROVE: Move that the Board of Adjustment make findings 1 — 4 as noted in the staff report (and amended) this evening, and APPROVE the requested VARIANCE from Section 4.01 of the Town of Fountain Hills Zoning Ordinance to allow the construction of a house at 17024 N. De Anza Drive with 10' front and street-side setbacks. DENY: Move that the Board of Adjustment make findings 1 — 4 as noted in the staff report and DENY the requested VARIANCE from Section 4.01 of the Town of Fountain Hills Zoning Ordinance. Attachment(s): 1. Public Hearing Notice 2. Applicant's submittal ( 4 pgs) 3. Applicant's Site Plan 4. Chapter 4 of the Zoning Ordinance 5. 2010 Aerial Photo (Before Fire) Submitted by: Bob Rod ers Seni r 3/12/12 Name/Title Date Approved by: Development Services Director Date Page 5 of 5 AIN it. Town of FOUNTAIN HILLS tP \N1, Planning & Zoning 0 N b th atis A�V�� PUBLIC NOTICE NOTICE IS HEREBY GIVEN that on Tuesday, March 20, 2012 at 6:30 P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountain, Fountain Hills, Arizona, The Fountain Hills Board of Adjustment will hold a PUBLIC HEARING to receive comments on a requested VARIANCE from Section 4.01 of the Town of Fountain Hills Zoning Ordinance to allow the re-construction of a house within ten feet of a street-side property line at 17024 N. De Anza Drive. Case #V2012-01 A complete copy of the proposal is available for viewing in the Fountain Hills Development Services Office, Monday through Thursday, 7:00 AM — 6:00 PM. �T Al TV„A" DO Not write in tlf space—official use only 40`} : .;.,11 J, Filing Date (0 Accepted By od. d Fee Accepted / . 0 0 Zl�j �o Case Manager od 3 Z The Town of Fountain Hills Planning &Zoning Division - APPLICATION Abandonment(Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan &Amendments Concept Plan Condominium Plat Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance(Text Amendment) Planned Unit Development Preliminary/ Final Plat Replat (Lot joins, lot splits, lot line adjustments) Rezoning (Map) Special Use Permit&Amendments Site Plan Review (vehicles sales) Temporary Use Permit(Median Fee,if applicable) V Variance Other F1( ' PROJECT NAME / NATURE OF PROJECT: .e)7wNzio .--fOTZ6-f iz P( 5eLT --f-o(LA'jk�1 LEGAL DESCRIPTION: PlattName ov°►� �f Hf`, Block Lot 40 PROPERTY ADDRESS: t o24 t..1. of A1. .,,, Df�\J e- PARCEL SIZE (Acres) • 19 ASSESSOR PARCEL NUMBER 17(o-0 3-°1(o'L NUMBER OF UNITS PROPOSED 1 TRARP CT S SED ZONING a""� EXISTING ZONING -1-CP Applicant V�� Gt- p1 F eu0 11935 Day Phone (oo2-513- 6 Z'5 Mrs. )4- M . -' 4 '_ hAl .1E DQ\ve Oty: COAKO Mate: A?-- Zip: g524-$ Ms. Address: ' (� I b ir611.t i eA c)Gs-e .ke)v.... e GJ4 - A e* Email: Owner Mrs. 30 rjv-t E OwPva 7 l 7 ' 3 9 Day Phone 450-2Z-6 i Mr. \ 00Le State: 1 Zip: `d52CaS Ms. Address: I�°24 E. ��'��` OfL vE City: If application is being submitted by someone o n the owner ofttle property under consideration,the section below must be completed "d�i�G y w ur1��1� SIGNATURE OF OWNER __JJ DATE I HEREBY AUTHORIZE , ./-1 c,r ( — 61(c i, i et 01 TO FILE THIS APPLICATION. Pie se,P int CI -� Subscn and sworn efore me this • day of fie tDii ' ,20 /, /w • 2� .2U/� �� .-" ��� -(.�Q,(�'j/,� My Commission Expires (l.q,l��-,, l' Notary Public i I,. Zgµ� Case File Number Application-Revised 100701 MUN1S 41 Page 2of6 20I2- t I r` ', 1,, y~ OFFICIAL SEAL ""' �: KAREN L.WILLIAMS • :: e • b 00.a1L. d � NOTARY PUBLIC-ARiZONA� ci Qu�O NlARICOPA COUNTY �l� 0 O O My Commission Expires March 28,2012 m„', p, p c Ob-� I�- 14 1, Iso. b0 Edwards/ Forster Residence 17024 N. De Anza Drive Fountain Hills, AZ 85268 Narrative Report-Variance Justification: A. This residence was involved in a fire last fall and all of the livable area has been demolished and removed except the existing concrete slab. When the residence was original built in 1987, the west corner property line setback allowed was 10 feet. The zoning ordinance has changed since the residence was built and the current setback requirement for R1-6 zoning for the west corner property line is 20 feet. The area encroaching into the current setback area is considered a non-conforming use as per the Fountain Hills Zoning Ordinance Section 4.01. SECTION 4.01 Nonconforming Uses and Structures D. Reconstruction: When any nonconforming use or structure is dismantled or damaged by fire, explosion, collapse, act of God, act of the owner, or act of public enemy to the extent of greater than fifty (50) percent of its reconstruction or replacement value, as determined by three (3) competent appraisers, then the said structure and the use of the land shall conform to all regulations for the zoning district in which said structure and land is located. The services of the three (3) appraisers shall be retained by the owner of the building or structure after the three (3) appraisers are mutually agreed upon by the Town and the owner of the building or structure. The Variance request is to maintain the original 10 foot setback distance that applied when the residence was built. B. The special circumstance is pre-existing and was not created by owner or applicant. C. Without the Variance, the existing residence would be have to be redesigned 10 feet less in width. The redesign would substantially alter the functional layout, square footage and value of the property compared to the neighboring properties. D. The authorization of this Variance will not affect any persons residing or working in vicinity to the adjacent property or to the neighborhood or the public welfare. p,xw..wmr.e.OM,nruna.;uei Norl t 11 v ZV'8111H NIV1N(lLH a T- a oG100-0.nn •oulFra� 3N2i0 tlZNtl 30'36ZOG4 3oN3aIS3N SaNvMa3 Y m i r 41111100, 5 z p g • t �, ill tip t3 lU- 'E3 I • d 9 s e s f Pk n Y ii l 3 @§ lei o! �s� .„,,e , 'Pk .,,, [ : Irgil i 7. . lE -- ." k$ 385/ / • • lr G. R ' °1Q G z/ . I / J / / h L 10 i , Y � J � 9 L / 1/ ' i // • •' a , .. F / ,sG sa- 0 .4/ / / NJo+h , 4 • 3n,„ . Zoning Ordinance - Chapter 4 NONCONFORMING USES AND STRUCTURES Sections: • 4.01 Nonconforming Uses and Structures SECTION 4.01 Nonconforming Uses and Structures A. Purpose:.The purpose of this chapter is to regulate the use, maintenance, alteration, repair, extension and restoration of buildings, and land which lawfully existed at the time of adoption of this ordinance, but which do not conform to the regulations for the district in which they are located. B. Definitions: 1. A "nonconforming use" is a use of a structure or land, which was lawfully established and maintained prior to the adoption of this ordinance but which, under this ordinance, does not conform to the use regulations for the district in which it is located. 2. A "nonconforming structure" is a structure which was lawfully erected prior to the adoption of this ordinance but which, under this ordinance, does not conform with the standards of coverage, yard spaces, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located. C. Continued Use: 1. The lawful use of land, building or structure existing at the time of the passage of this ordinance, although such use does not conform to the provisions hereof for said land, may be continued, but if such nonconforming use is discontinued for a (itioperiod of twelve (12) months, it shall be considered abandoned, and future use of said land or structure shall be in -.onformity with the provisions of this ordinance. 2. Nothing in this Chapter shall prevent the reconstruction, repairing, or rebuilding of a nonconforming structure or part thereof rendered necessary by normal wear and tear, deterioration, or depreciation, provided such wear and tear, deterioration, or depreciation does not exceed fifty (50) percent of the value of said structure as determined by three (3) competent appraisers. The services of the three (3) appraisers shall be retained by the owner of the building or structure after the three (3) appraisers are mutually agreed upon by the Town and the owner of the building or structure. 3. Nothing in this ordinance shall be interpreted as authorization for approval of the continuance of the use of a building or premises in violation of regulations in effect at the time of the effective date of this ordinance. 4. Nothing in this ordinance shall prevent requiring the strengthening or restoring to a safe condition of any portion of a structure declared unsafe by a proper authority. 5. Nothing in this ordinance shall require any change in plans, construction, or designated use of a building for which a building permit has been issued prior to the enactment of this ordinance, provided the construction shall be diligently pursued within sixty (60) days of the effective date of this ordinance, and the building is completed and used according to such plans as filed within one (1) year from the date of this ordinance. 6. A nonconforming building or portion thereof which was specifically designed, or beyond a reasonable doubt, intended by the nature of its arrangement and construction to be used in any way which would be nonconforming under this ordinance, but was not so used at the time this ordinance became effective, may, if not altered or repaired as prohibited elsewhere in this ordinance, be occupied or used for the purpose for which it was designed, arranged, or intended provided such building is so used within twelve (12) months after the effective date of this ordinance. Otherwise, the use of such building shall conform to the provisions of this ordinance. D. Reconstruction: When any nonconforming use or structure is dismantled or damaged by fire, explosion, collapse, act of God, act of the owner, or act of public enemy to the extent of greater than fifty (50) percent of its reconstruction or replacement value, as determined by three (3) competent appraisers, then the said structure and the use of the land shall conform to all regulations for the zoning district in which said structure and land is located. The services of the three (3) appraisers shall be retained by the owner of the building >, structure after the three (3) appraisers are .iutualty agreed upon by the Town and the owner of the building or structure. Extensions: 1. Any extension of a nonconforming structure shall conform with all regulations for the zoning district in which such structure is located. 2. All changes to distinguishing traits or primary features of the use of a building or land as evidenced by increased parking requirements, change of occupancy, change of outside storage, or other features, occurring to existing properties after the effective date of this Zoning Ordinance, shall be subject to all of the provisions of this Zoning Ordinance. F. Parking: 1. If a building or business is damaged (less than fifty (50) percent), and if it is allowed to be reconstructed subject to the provision of Subsection 4.01 (C) (2) of this section, it shall be required to provide only the number of parking spaces which existed prior to the destruction. 2. If a business expands, it shall, in addition to the parking spaces in existence prior to such expansion, be required to provide only the number of additional parking spaces necessitated by the expansion. G. 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