7.3. ESTABLISHMENT OF USE.

• Jurisdiction: Arizona

7.3. Establishment of use.

The determination of whether a nonconforming use has been established is dependent on the particular facts and circumstances.

Rotter v. Coconino County, 169 Ariz. 269, 818 P.2d 704 (1991) (a nonconforming use is a source of vested rights only if it was in actual existence and use before the effective date of a zoning ordinance prohibiting such use in the applicable district; it is not enough that the use be contemplated, rather the property must be so utilized as to be irrevocably committed to that use)

Midway Enterprises, Inc. v. Krucker, 84 Ariz. 287, 327 P.2d 297 (1958) (trial court has jurisdiction to rule on whether a nonconforming use has been established)

Kubby v. Hammond, 68 Ariz. 17, 198 P.2d 134 (1948) (existing use means utilization of premises so it might be known in the...