7.5. EXPANSION OF USE.

• Jurisdiction: Arizona

7.5. Expansion of use.

Generally, the right to expand a nonconforming use exists only if granted by law and is limited by any restrictions therein. A nonconforming use is limited to the site or area that was nonconforming when the ordinance prohibiting the use was enacted. Establishment of a nonconforming use on one lot does not authorize the owner to expand the use onto the owner's adjoining lots, particularly when those lots were acquired after passage of the ordinance barring the use.

Rotter v. Coconino County, 169 Ariz. 269, 818 P.2d 704 (1991) (a nonconforming use cannot be accorded greater rights than a conforming use in the same district; thus, expansion of a nonconforming use is subject to the same sideyard and setback requirements that govern all structures in the district)

City of Tucson v. Clear Channel Outdoor, Inc., 218 Ariz. 172, 181 P.3d 219 (App. 2008) (the common law on nonconforming uses generally disfavors expansion or enlargement of the use as contrary to the spirit underlying zoning which is to restrict rather than to increase nonconforming uses)

Jones v. Coconino County, 201 Ariz. 368, 35 P.3d 422 (App. 2001) (court sets forth definitions of "enlarge" and "expand")

7.5.1. Municipalities.

A municipality may restrict or regulate the expansion or enlargement...