YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE Page 6 CHAPTER 2 – ADMINISTRATION A. All of Yavapai County shall be subject to the provisions of this Ordinance; provided, however, that there shall be EXEMPT from these provisions the following: 1. That part of the County lying within the corporate limits of any municipality. 2. Indian trust lands. 3. Other publicly owned and operated facilities used for essential government purposes. 4. The use or occupation of land or improvements for railroad, mining, metallurgical, grazing, agricultural composting or general agricultural purposes, if the tract concerned is not less than five (5) contiguous commercial acres. An agricultural composting operation shall notify in writing the Board of Supervisors and the nearest fire department of the location of the composting operation. This exemption shall not be construed to include commercial feedlots and other allied commercial or industrial uses. The lawful use of any building, structure, or land existing at the time of the effective date of this Ordinance may be continued, although such use does not conform with the provisions hereof. A. DISCONTINUANCE: If a non-conforming use shall be discontinued on a continuous basis for a period of twelve (12) months except as noted for dwelling units, any subsequent use shall conform with the provisions of this Ordinance. If the use of a dwelling unit as non-conforming lodging is discontinued on a continuous basis for a period of thirty (30) days, such use shall conform with the provisions of this Ordinance. B. WEAR AND TEAR: Nothing in this Ordinance shall prevent the reconstruction, repairing and continued use of a non-conforming structure or part thereof rendered necessary by wear and tear, deterioration or depreciation. C. RESTORATION: Any non-conforming structure or a conforming building containing a non- conforming use, damaged, or destroyed by casualty or Act of God may be restored within a twelve (12) month period therefrom without impairment to any non-conforming status. D. CHANGE OF USE: A non-conforming use may not be changed to another use unless or without complying with the provisions of this Ordinance. E. EXPANSION: Except as otherwise specifically allowed in this Section, no increase in the extent of non-conformity of a non-conforming situation is permitted. In particular, no non-conforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a non-conforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this Section. Pursuant to Arizona Revised Statutes §11-830, within any zoning district, subject to the granting of a Use Permit, a non-conforming business use may expand if such expansion does not exceed one hundred percent (100%) of the area of the original business. Such expansions shall be limited to uses of the same basic nature and character. Expansion shall be limited to the original parcel on which the use was located at the time it became non-conforming. For uses within a structure, the expansion shall be measured by floor area. For business uses not involving a structure, for example junk yards, truck yards, or contractors’ yards, area shall be strictly construed to mean the square footage or acreage of the use at the time it became non- SECTION 201 APPLICABILITY AND EXEMPTIONS SECTION 202 NON CONFORMING USES