The attorneys at M&G Law have significant experience with setback ordinances and can help you pursue the best course of action. Chapter 6, Zoning Districts. Where should an accessory building be located on a property? G-5561, 2010; Ord. If the carport can not be erected in compliance with the re - quired setbacks, a condi tional use may be obtained, allowing the carport in the side or front setback, but no closer than three feet to the side line. As you will learn when you go to apply for a variance in Arizona, there is a burden on the homeowner, developer or real estate investor to prove in order to be granted a variance from the zoning statute. (1)Public streets may be required as a part of subdivision or development review for extensions of street patterns, for circulation within neighborhoods, or to continue partial dedications. The University of Arizona's Cooperative Extension of Water Quality provides an Onsite Waste Water Education Maricopa County Planning & Development Department. G-5983, 2015; Ord. Well registration numbers are unique identifiers beginning with 55-, followed by six digits. Below are the links with instructions for completing and submitting request form: Application for Six Month Extension on Installation Permit No. Consequently, developers and property owners can now enter into property transactions without fear that the transaction creates a self-imposed special circumstance that would prohibit an area variance. Residential Estate RE-24 DistrictOne-Family Residence. 10. Non-residential construction or uses may require a Site Plan application process. No. It can be quite confusing to deal with Maricopa County zoning laws simply because the laws and regulations can apply to many . the minimum 25' setback or recommended setback to a watercourse , whichever distance is greater. On lots with more than forty-three thousand five hundred sixty square feet in net area with a primary dwelling unit of at least three thousand six hundred square feet in gross floor area, the square footage of the guesthouse may be twenty-five percent of the gross floor area of the primary dwelling unit. The Phoenix Zoning Ordinance is current through Ordinance G-7013, passed September 7, 2022. Fill Out the Application. For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. Street (front, rear or side): 15' (in addition to landscape setback); Property line (rear): 15' (1-story), 20' (2-story); Property line (side): 10' (1-story), 15' (2-story), Common landscaped setback adjacent to perimeter streets, (Does not apply to lots fronting onto perimeter streets), Front: 10'; rear: 10'; combined front and rear: 35', street side: 10'; sides: 13' total (3' minimum, unless 0'), Front: 10'; rear: none (established by Building Code); street side: 10'; sides: none (established by Building Code), 18' from back of sidewalk for front-loaded garages, 10' from property line for side-loaded garages, For lots <60': 2 car widths, for lots 60' to 70': 3 car widths, for lots >70': no maximum, 2 stories and 30' (except that 3 stories not exceeding 30' are permitted when approved by the design advisor for demonstrating enhanced architecture), Primary structure, not including attached shade structures: 40%, Development review per Section 507, and subdivision to create 4 or more lots, Public street, or private street built to City standards with a homeowners association established for maintenance, Common retention required for lots less than 8,000 sq. The requested information could not be loaded. While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits. G-4078, 1998; Ord. An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. You must prove that granting the variance will not harm or upset the general intent and purposes of the zoning statute. No. The simple idea behind these laws is to keep residential and commercial buildings from being built too close together. No. The source of each section is included in the history note appearing in . G-4857, 2007; Ord. 0$5,&23$ &2817< =21,1* 25',1$1&( &kdswhu 5xudo =rqlqj 'lvwulfwv &kdswhu 3djh q 7kh rxwgrru vwrudjh ri pdwhuldov vkdoo eh olplwhg wr d If your dispute involves the municipality or city governing the setback ordinances, you will typically have to file a complaint before you can pursue a lawsuit on the matter. on ActiveRain. 1447 0 obj <> endobj A variance is basically a deviation from the existing zoning ordinance. Whether you are facing a claim of a setback violation on your property or pursuing a claim against one or more other parties for alleged violation of setback ordinances, there are generally four typical resolutions for setback violations. G-3529, 1992; Ord. Maricopa; to ensure adequate vehicular and pedestrian traffic circulation through coordinated street systems with relation to major thoroughfares, adjoining subdivisions, and public facilities; to achieve individual property lots of reasonable %%EOF A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. There are a couple of already established homes i District Regulations. No. G-4041, 1997; Ord. A. The general stream adjudication is a judicial proceeding to determine the nature, extent and relative priority of water rights in Arizona. Septic system contractors receive certification In the state of Arizona,, Homeowner associations (HOA) in Arizona are common. Required review: Where a site plan is required, development shall be according to Section 507 of this ordinance. Multi-Family & Resort Commercial & Industrial Downtown, Overlays & Special Districts General Provisions Use Regulations Zoning Verifications The City does not issue zoning verification letters, and does not warrant the accuracy, completeness, or suitability of zoning information for any purpose. In the SF-10, SF-8, SF-7, and SF-6 districts the minimum side setback shall be 15 fee t where the side setback area abuts: . a. Storm-water holding tank ; b. Storm-water disposal field 2For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. Chapter 6, Zoning Districts. 5. No. No. Allowed uses: Refer to the following tables for uses allowed in each district and to chapter 2 for definitions of permitted uses. G-4041, 1997; Ord. A site plan is needed to verify setbacks, height, and other zoning standards. Storm System . 5. Guesthouse, subject to the following conditions: a. No. 1. (4)Required setback areas at the exterior boundaries of the site. 14. gravity and chamber trenches are used for inspection training. 3. For example, in Arizona a common zoning designation is "R-43" (residential). A common requirement of the zoning ordinance is "setback rquirements." G-3529, 1992; Ord. No. Those wanting The provisions of this section shall apply only to land zoned prior to September 13, 1981. No. An injunction will typically be issued when construction has already started and there are competing claims about a potential violation with multiple parties involved. Enclosures. Purpose. By applying for a "variance" you are basically asking the board of adjustments for a deviation to the R-43 zoning setback requirements and you have to make the case why you should be granted the variance. Under the planned residential development option, additional density may be granted for areas beyond minimum required in each district in accordance with the following: a. A structure that exceeds this building area or height shall be considered an accessory building. Maintaining adequate distance from property boundaries helps to ensure that each property owner can have continued enjoyment of their own property. If in doubt please call us at 480-644-4273 or visit the office at 55 N. Center St. Mesa, AZ 85201 (Monday - Thursday, 7 a.m. to 6 p.m.). Here are some common questions about zoning regulations and requirements in the county. On June 6, 2018, the Phoenix City Council approved the adoption of the 2018 Phoenix Building Construction Code (PBCC). Attempting to handle a setback violation without experienced legal counsel leaves you open to risk and often fails to accomplish the best resolution. 1474 0 obj <>stream Required parking: The minimum number of off-street parking spaces to be provided and which shall be according to Section 702.A. A.R.S. Because it is an application process, we are unable to offer an answer without first reviewing and processing your application. Perimeter standards: Setbacks for structures which are required at the perimeter of a development. (Ord. (Ord. For example, in Arizona a common zoning designation is "R-43" (residential). Amendments to the Phoenix Fire Code Effective July 3, 2021 . The Arizona Supreme Court held in favor of the store owner because restricting anyone from purchasing a property whom has knowledge of a restriction would effectively stop everyone from being able to obtain an area variance. G-4857, 2007; Ord. a. No. of attended horses is allowed outside . Ordinances Regulations Codes Abatement Ordinance (P-11) B. G-3498, 1992; Ord. privacy, Arizona Department of Environmental Quality, Arizona septic tank pumping and maintenance. In addition to subsection (D)(1)(a) of this section, the following features are allowed to project farther into required structure setbacks: Canopies, marquees, awnings, and similar features may fully extend into a street setback and may extend into the public right-of-way subject to the requirements of SMC 17F.040.140. (1)Public streets may be required as a part of subdivision or development review for extensions of street patterns, for circulation within neighborhoods, or to continue partial dedications. If you are having trouble locating your well registration number, please view our, To get an idea of what groundwater levels are like in a particular area you can use the, For additional water level data, view ADWRs, 1980 - 2023 Arizona Department of Water Resources -, Statement of Claimant, Assignments, Amendments, Share or Report a Water Level - 3rd Party Water Level Data Portal, Lower Hassayampa Sub-Basin Groundwater Model Report, Recharge Long-Term Storage Credit Balance, Assured & Adequate Water Supply Pending Applications, Assured and Adequate Water Supply Interactive Map, Community Water System (CWS) Interactive Map, 55-71A Request to Change Well Information, Practical Guide to Drilling a Domestic Well in Arizona, New Use Summons Frequently Asked Questions, 55-40 Notice of Intent to Drill, Deepen, Replace, or Modify a Well. k.Any guesthouse existing as of (the effective date of this ordinance) may qualify as "connected to the primary dwelling unit" by being connected to the primary dwelling unit without meeting the minimum width requirements. These claims typically result in damages awarded to the party negatively impacted by the violation without needing to take down the structure. No. Building setback: The required separation of buildings from lot lines. Table B. It divides the state into grids, with the smallest grid being 10-acres in size. For properties in other jurisdictions, such as Scottsdale or Maricopa County, one must . No. No. No. Single-Family Detached Development, Minimum lot width (in the event of horizontal property regimes, "lot" shall refer to the width of the structure and exclusive use area), 45' minimum (unless approved by either the design advisor or the Single-Family Architectural Appeals Board for demonstrating enhanced architecture that minimizes the impact of the garage (see Section 507 Tab A.2.12.1 B(2)(b) [sic])), None, except 110' adjacent to freeway or arterial. Many of these dwellings are thereby located on relatively large urban or suburban lots. Attorney Laura B. Bramnick is an experienced Arizona real estate attorney who can provide you with the guidance you need during the variance process.? hiJt^!AV{k/%VxxL3%BVLjZ3Ine6sQY aJX4 b0d$G6cs)4L3),pq4$ +,ZM#$hcVEYix`9d^I!%|,c0hX$CH4;&|\Hp]8}:&6.>NB]xQ8spGPMFndRa(]qn/q2e5(_~s3|oBEq~$[P=r @z( An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. (1) Public streets may be required as a part of subdivision or development review for extensions of street patterns, for circulation within neighborhoods, or to continue partial dedications. G-3529, 1992; Ord. View all permits , call 602-506-3301, or request more information online . If you are concerned that a local septic system may pose a health risk, your first step is to contact your local county health department. As a former director in the planning and zoning department for the City of Scottsdale for 20 years, the variance process is often misunderstood and more than likely difficult to obtain. Many of these dwellings are thereby located on relatively large urban or suburban lots. A minmumi of a 3 foot variation is required. If the proposed construction is larger than the size indicated below, building plans and building inspections will be required. It is larger then the primary building (house) it is not right he fudged some were in n order to get a permit. Unless a plane were to drop directly down onto my future home I dont see how it would be possible for an increased risk of a disaster if I were able to use my land as intended. %PDF-1.5 % 2. What is Specific Performance and When Does It Apply? The specific setback distance requirements depend on no or full noise, odor, and aesthetic controls. The imaged record contains all the associated documents that have been submitted to the Department. Arizona commercial zoning setbacks are also focused on safety. inspections required for the type of septic system being installed. Table 5.1 of the Mesa County Land Development Code specifies what uses are allowed in each zone district. Must meet setbacks provided in setback item #11 or municipal requirements, whichever distance is greater. A. B. Nice explanation. The first step for a homeowner is to file a Notice of Intent (NOI) to Discharge form. Such structures are subject to the following standards: 1. 1. G-3529, 1992; Ord. Perimeter common: trees spaced a maximum of 20' to 30' on center (based on species) or in equivalent groupings, and 5 shrubs per tree. Commercial & Residential Real Estate Litigation, Commercial & Residential Real Estate Transactions, Important Things to Know About Arizona Property Tax Liens & MERs. The Arizona Department of Environmental Quality standardizes all septic systems in Arizona. The second resolution is an injunction to move the structure in violation of setback ordinances. G-3529, 1992; Ord. The ADEQ offers a publication addressing ft.), 40' adjacent to a public street; this area is to be in common ownership unless lots front on the perimeter public street; 20' adjacent to property line. site map| A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. d.Pergolas and other roofed structures without walls shall not be considered a connecting structure. Contact us today at 602-533-2840 to schedule an initial consultation or make an appointment online. (Ord. These regulations provide standards for dwellings built at low and moderate densities. Table A. Maricopa County Fence, Wall, and Pool Barrier Requirements (PDF) Town of Gilbert Swimming Pool Code (4.107) f.One parking space must be provided for the accessory dwelling unit in addition to the parking required for the primary dwelling unit. If you are the party which is seeking an exception to the zoning law, you will need to petition for a variance, or exception, to the zoning laws if you feel that the setback ordinance is inhibiting your ability to improve your property. The general stream adjudication is a judicial proceeding to determine the nature, extent and relative priority of water rights in Arizona. No. No. building setbacks and height restrictions) on all industrial, commercial, office and residential properties. What's the reason you're reporting this blog entry? The foregoing shall be deemed to include attendant facilities . Scottsdale's current swimming pool barrier requirements apply to all single-family residential swimming pools, spas and hot tubs constructed after July 20, 1995. The 55-71A should also be filed if the owners contact information changes or the parcel splits or combines. Perimeter common: trees spaced a maximum of 20 to 30 feet on center (based on species) or in equivalent groupings, and 5 shrubs per tree. Disclaimer: The City Clerks Office has the official version of the Phoenix Zoning Ordinance. G-4857, 2007; Ord. No. Building setback: The required separation of buildings from lot lines. Find more information about it here. setback 40' from property lines with minimum 1200 s.f. h.The guesthouse shall be constructed of similar building materials and in the same architectural style as that of the primary dwelling unit and shall not exceed the height in feet or number of stories of the primary dwelling unit. b. Note that ownership does not need to be updated if the well is not located on the parcel being transferred. %%EOF Here are the main concepts you want to understand about setback ordinances in Arizona. %PDF-1.5 % An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. I recently discovered that there was a restriction placed in that area prohibiting any residential building due to being in the flight path of Luke AFB. G-3498, 1992; Ord. However, there are some things that may make an application more or less difficult than others. What are the design requirements for venting wet wells, dry wells, basins, tanks and reservoirs? 0 Permitted uses. The pawn shop owner brought suit and this case eventually went to the Arizona Supreme Court. The final resolution is the modification of the property lines.