I heard that the Vulcan property is classified as vacant for tax purposes. Doesn’t this negate their claim that the sand and gravel operation is a legal nonconforming use? UPDATED 11/8/2023

Not necessarily. Tax status is looked at differently from land use status. The Town makes land use decisions while the Pima County Assessor makes decisions on tax classification. In land use law, discontinuance of a nonconforming use results from the concurrence of two factors: 1) the intent to abandon; and 2) some overt act or failure to act which carries the implication of abandonment (Kubby v. Hammond). The city may not terminate nonconforming use just because a year has passed. Some conduct within the control of and attributable to the property owner must be a cause of the condition justifying termination (City of Glendale v. Aldabbagh). The purpose of tax classification codes is to assess property taxes uniformly across the region so that like properties are taxed at the same rate.  

11/8/2023 Update: Staff has continued to work closely with the Town Attorney on this matter, and the determination is that there does not appear to be a legal issue with the status of the nonconforming sand and gravel use. However, staff has requested that Vulcan provide financial records or some other proof of continued operation.

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1. Why didn’t the town just dismiss the application outright?
2. Has the town already made up its mind to approve this?
3. Why is this taking so long? UPDATED 11/8/2023
4. Why is the Town allowing Vulcan to provide their own studies?
5. If the town decides to approve this, can extra requirements be placed on Vulcan?
6. What is a General Plan?
7. How does the General Plan work in conjunction with the zoning code?
8. How does the Town determine compliance with the General Plan?
9. How can the Town consider approving this application when so many residents are against it?
10. How can this use be allowed when the purpose statement of the RH zone is “to preserve the character and encourage the orderly growth of rural areas in the town."
11. What about the single access to the site crossing the railroad? Isn’t Union Pacific concerned? What about fire access? UPDATED 11/8/2023
12. Why is the town not requiring an EIS?
13. Why doesn’t the town require a Regenerative Thermal Oxidizer (RTO) be installed to control plant emissions? UPDATED 11/13/2023
14. Traffic volumes – how will this affect my daily drive? Won’t this cause undue wear and tear on Old Nogales Highway? UPDATED 11/20/2023
15. Are the emissions going to make me sick?
16. Why can’t the town regulate environmental permits?
17. I heard that the Vulcan property is classified as vacant for tax purposes. Doesn’t this negate their claim that the sand and gravel operation is a legal nonconforming use? UPDATED 11/8/2023