Source materials used in the preparation of the Code were the Code, as supplemented through March 31, 2019, and ordinances subsequently adopted by the City Council. District Regulations. . Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above. 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. 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. Setback ordinances in Arizona are a part of local zoning and land use laws and typically are set and maintained by the city or municipality. 17.32.060 Intensity of use regulations. The most commonly used form is, The cadastral system is the rectangular coordinate system that is used to map much of Arizona. Accessory Structure | City of Tempe, AZ (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. Disclaimer: The City Clerks Office has the official version of the Phoenix Zoning Ordinance. Building setback: The required separation of buildings from lot lines. You must show there is a peculiar condition to the property (like a substandard lot, or your property has hills in areas where other properties are flat, smaller lots than the others, etc.). G-3529, 1992; Ord. No. Updated: December 6, 2016 - Maricopa, AZ For a tool shed, Worth recommends. This site does not support Internet Explorer. hb```'ea0q>mbw$:aIB{n> CJ4p40w0p4 D@q9 | Fcb-|c\ZI9z S~d`2D l;9 G-4188, 1999; Ord. 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. PDF Frequently Asked Questions On Residential Regulations RECREATIONAL G-4078, 1998; Ord. b. G-4111, 1998; Ord. On June 6, 2018, the Phoenix City Council approved the adoption of the 2018 Phoenix Building Construction Code (PBCC). Purpose. G-4041, 1997; Ord. G-4857, 2007; Ord. Chapter 14.28 R-43 RESIDENCE ZONE One of the reasons that setback ordinance lawsuits are complicated is because they often involve multiple parties. No. What Are HOA Liens in Arizona & How Can You Remove Them? There has to be a good reason and sensible development, and as Lester discussed neighbor support is also helpful. A one percent density bonus for each four percent of basic common area; or. make an informed decision when buying or selling a house. Game courts, including fencing, shall comply with setback regulations for R-14.5 zoning which consist of thirty-foot front, twenty-foot back and ten-foot side. A. Building plans are not required and building inspections are not conducted. 1. Where guest quarters are located over a detached garage, the entire structure shall be considered a main building, subject to the zoning district standards for main buildings. The Maricopa County Board of Supervisors has adopted several ordinances, regulations, and construction codes relating to property and its use to ensure orderly development and quality of life in Maricopa County for all residents. Setback Requirements: 7 Things All Homeowners Should Know Chapter 6, Zoning Districts. contact| The applications are listed by category. 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. In August of 2017, the Arizona Supreme Court clarified when certain variances are applicable in a case called Pawn 1st, LLC v. City of Phoenix. (5) Interior and street side setback areas are not required to be wider than fifteen (15) feet; however, the side setback area on the street side of a corner lot, where the abutting lot has a reversed frontage, shall not be less than the front setback area required on the abutting reversed frontage. The Phoenix Zoning Ordinance is current through Ordinance G-7013, passed September 7, 2022. This means that all building must stop until a final resolution on the matter is achieved. Residential Construction | Maricopa County, AZ endstream endobj 1448 0 obj <. An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. cannot help, then contact The Arizona Department of Environmental Quality. The following tables establish standards to be used for each district. These are the zoning laws you are required to follow. Rural Living in Tonopah Arizona | LandCentral endstream endobj startxref in area and equal to or less than eight (8) feet in height. It can be quite confusing to deal with Maricopa County zoning laws simply because the laws and regulations can apply to many . Rich in Native American history, Arizona is the sixth largest state in the US and is home to the Grand Canyon. A structure that exceeds this building area or height shall be considered an accessory building. No. G-3553, 1992; Ord. Setback requirements for main buildings are different from setbacks for detached accessory structures. c.Review and determination of the adequacy of common areas, basic and improved, will be part of the development review by the Site Planning Division of the Planning and Development Department. C.Reserved. 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. 45-251 to 45-264. Because we use the cadastral system, wells are often plotted to the nearest 10-acre quarter rather than the exact, physical location. No. The square footage of the guesthouse shall not exceed fifty percent of the gross floor area of the primary dwelling unit with a maximum of nine hundred square feet, except as set forth in subsection b, below. G-3498, 1992; Ord. Guesthouse, subject to the following conditions: a. Lot coverage: The maximum area of a lot occupied by structures and open projections as defined in chapter 2 7. This is where a good real estate zoning lawyer (or "land use lawyer" as we are sometimes called) comes into play and can help you apply for the variance and make the case to the board of adjustments. 5. 25%, except if all structures are less than 20' and 1 story in height then a maximum of 30% lot coverage is allowed. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. 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, 15' average, 10' minimum(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%Total: 50%, 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. 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. 5. A. No. These standards shall apply only to lots which are created by a subdivision or a project approved under the provisions of Section 507. Section 312.2. (3)For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. Users are responsible for assessing the accuracy of the information contained in the zoning map and should always contact a City Planner at 480-782-3050 to verify information. There are a couple of already established homes i What are the requirements related to the rated capacity of a wastewater treatment plant? G-3553, 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 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.). (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. Structures are not allowed within an erosion hazard setback. City of Scottsdale - Property Information Request The first step for a homeowner is to file a Notice of Intent (NOI) to Discharge form. SETBACK DISTANCE CHART - Maricopa County, Arizona (4)Required setback areas at the exterior boundaries of the site. 16.28.030 Setbacks from minor washes. 1. PDF MESA COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT - Mesa County, Colorado 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. and San Francisco real estate For example, in Arizona a common zoning designation is "R-43" (residential). B. The final resolution is the modification of the property lines. . ? 2For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. What is an Erosion Hazard Setback? | Tucson Land and Lots | Rick Sack G-4230, 1999; Ord. Required review: Where a site plan is required, development shall be according to Section 507 of this ordinance. If you have real estate clients in Arizona, particularly in Maricopa County, there may come a time when a real estate developer, homeowner, or investor needs to get a "variance.". One of the most critical items that must be added to any swimming pool construction checklist in Phoenix is ensuring all pool permit requirements are submitted, approved, and in possession of the homeowner. If the new structure blocks light or view on your property, there might be a claim they have violated setback ordinances in Arizona, if those property rights are protected. Maintaining adequate distance from property boundaries helps to ensure that each property owner can have continued enjoyment of their own property. how or were do I start To find out ? Required parking: The minimum number of off-street parking spaces to be provided and which shall be according to Section 702.A. In R-43 zoning you will typically find residential zoning setback of 40 feet on the front and rear of the property and 30 feet and 20 feet on the interior and street. Getting a Variance for your Phoenix Property 1. This general principle holds for all major [] Setbacks are the required distance between a building or structure and your property . Don't see the application you're looking for? These are the zoning laws you are required to follow. Maricopa 8874 Print Share Sold Property Today Choose monthly payment or 20% Pay in Full Discount $9,497.00 1.00 acres | Residential Zoning This flat, one-acre lot, is on S. 537th Ave and is ready for you to call home. 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. No. The following tables establish standards to be used in the R1-8 district. No. You must show that application of the specific regulation of the zoning ordinance to the property at issues results in an "undue hardship" (you cannot simply argue that the CC&R's or an easement for example causes the hardship, it must be application of the zoning ordinance). 1474 0 obj <>stream Chapter 16.28 EROSION HAZARD AREAS AND BUILDING SETBACKS Spokane Municipal Code - Section 17C.130.230: Setbacks and Sidewalks No. 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. (Ord. G-3529, 1992; Ord. Purpose. Attorney Laura B. Bramnick is an experienced Arizona real estate attorney who can provide you with the guidance you need during the variance process.? home| G-4041, 1997; Ord. Disclaimer: The City Clerks Office has the official version of the Phoenix Zoning Ordinance. 7. G-3498, 1992; Ord. Here are some common questions about zoning regulations and requirements in the county. What are the minimum setback requirements for a wastewater treatment plant? G-6331, 2017). Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above. G-6331, 2017), 613, R1-6 Single-Family Residence District. FAQs Maricopa County, AZ CivicEngage No. Note that ownership does not need to be updated if the well is not located on the parcel being transferred. A.R.S. These are not necessarily easy items to prove and requires a fact-specific inquiry into your particular lot and the circumstances that apply to your property. The Department may approve use of alternative construction materials under R18-9-A312(G). You are normally required to adhere to the zoning ordinance and follow the setback requirements. What are the design requirements for equipment and process redundancy for a wastewater treatment plant? The source of each section is included in the history note appearing in . 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No. Disclaimer: The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. 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. For further references in the Maricopa County, Arizona region, here are some links to relevant pool codes in the larger communities: Arizona Revised Statute 36-1681: Pool Enclosures; requirements; exceptions; enforcement. When the landowner where the well resides changes you need to file a 55-71A Request to Change Well Information form or update the ownership online. This can range from moving a fence to a complete teardown of a building or addition. An exempt well is a well having a pump with a maximum capacity of not more than thirty-five gallons per minute which is used to withdraw groundwater pursuant to section 45-454. that are written by the members of this community. No. The third resolution to a setback violation is an award of monetary damages. A business building a new structure or adding to their existing property near a residential area, can also violate setback ordinances and potentially face in a legal claim. (3)These standards apply only to single-family, detached development built or subdivided under the subdivision option prior to May 1, 1998. The pawn shop owner alleged hardships, while the City of Phoenix argued that the hardship was self-imposed because the pawn shop owner bought the lot knowing the setbacks conflicted with the commercial use. 4. PDF Phoenix Building Construction Code (Pbcc), Administrative Provisions Maricopa County Fence, Wall, and Pool Barrier Requirements (PDF) Town of Gilbert Swimming Pool Code (4.107) These regulations provide standards for dwellings built at low and moderate densities. 1447 0 obj <> endobj ground and alternative systems that are in operation to facilitate training. 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: . G-3529, 1992; Ord. These claims typically result in damages awarded to the party negatively impacted by the violation without needing to take down the structure. 3. 606 Residential Estate RE-24 DistrictOne-Family Residence | Phoenix G-4041, 1997; Ord. 612 R1-8 Single-Family Residence District | Phoenix Zoning Ordinance No. Commercial & Residential Real Estate Litigation, Commercial & Residential Real Estate Transactions, Important Things to Know About Arizona Property Tax Liens & MERs. For example, in Arizona a common zoning designation is "R-43" (residential). The NOI spells out the process of obtaining authorization to construct and operate a septic system. 17.32.050 Setback regulations. No. (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. District Regulations. No. . c.The floor area of the connecting structure shall be included in the floor area of the guesthouse. ft. per grading and drainage ordinance requirements. The property is zoned RU-43 Rural, which allows for a single family dwelling. ft. per grading and drainage ordinance requirements. In R-43 zoning you will typically find residential zoning setback of 40 feet on the front and rear of the property and 30 feet and 20 feet on the interior and street. No. E. Service to the public of water, gas, electricity, telephone, and sewage wastewater. No. Riding, grooming, exercising, display, etc. Answers to common questons about zoning in Maricopa County Attorney at Law, Applying for a variance in Maricopa County, Arizona. The general stream adjudication is a judicial proceeding to determine the nature, extent and relative priority of water rights in Arizona. Many of these dwellings are thereby located on relatively large urban or suburban lots. (2) For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. G-6331, 2017), 612, R1-8 Single-Family Residence District. Disclaimer: ActiveRain, Inc. does not necessarily endorse the real estate agents, loan officers and brokers listed on this site. 5. PDF Title 18. Environmental Quality Chapter 9. Water Pollution Control The process is necessary for initiating those uses. The carport may never be enclosed. An established pattern of living in this metropolitan area reflects a tradition of single- family . e.Vehicular access to the accessory dwelling unit must be provided from the same curb (driveway) as the primary dwelling unit, except that separate access may be permitted from a paved alley. No. If they cannot help, then contact The Arizona Department of Environmental Quality. Manufactured Home Install Permit Instructions Tab - Arizona What is the definition of an accessory building? sb``$@ 5) 2. 7. Is emergency power required for collection system odor control stations? Chapter 20.18 RESIDENTIAL ZONING DISTRICTS (R-A, R-1, R-BI, R-2, RM, RMD) Structures need to maintain adequate distance from the street and neighboring structures to ensure that a lack of access does not create a hazard for the structure and the safety of others. a. Such structures are subject to the following standards: The requested information could not be loaded. No. The most common legal issue involving setback ordinances is when a neighbor wants to build a new structure that encroaches on your property in violation of setback ordinances. These regulations provide standards for dwellings built at low and moderate densities. City of Scottsdale - Swimming Pools, Hot Tubs and Spas Disclaimer: The City Clerks Office has the official version of the Phoenix Zoning Ordinance. G-5561, 2010; Ord. Septic system contractors receive certification The foregoing shall be deemed to include attendant facilities . B. Section 612. Article 2.1 Single Family Residential Districts - Gilbert, Arizona 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. Setback ordinances are laws which govern how close you can build to property boundaries. 4. Single-Family Detached (Subdivided Prior to June 2, 1998), Single-Family Attached and Multifamily Development, 20' adjacent to a public street; this area is to be in common ownership unless lots front on the perimeter public street; 15' adjacent to property line, 2 stories and 30' for first 150'; 1' in 5' increase to 48' high and 4 stories. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. Chapter 17.32 (R1-6) SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT - SIX This means many people think they can sort it out by attempting to discuss the matter directly with the other party and figure out a resolution. 18.80.020 Accessory buildings or structures | Maricopa City Code If you are concerned that a local septic system may pose a health risk, your first step is to contact your R1-8 Single-Family Residence District. If any conflict exists between this Article and the information incorporated by reference in subsection (2), the requirements of this Article apply. 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. 613 R1-6 Single-Family Residence District | Phoenix Zoning Ordinance A zoning ordinance is basically a law that sets forth certain real estate development standards that are designed to be in the best interest of the community and to promote responsible development. 224 0 obj <>stream Table B. An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. In the case, a pawn shop operator was denied a variance for an ordinance which required the exterior walls of a pawn shop to be located at least 500 feet from a residential district. local county health department. Attempting to handle a setback violation without experienced legal counsel leaves you open to risk and often fails to accomplish the best resolution. For properties in other jurisdictions, such as Scottsdale or Maricopa County, one must . 1Public 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 setback requirements that are in place for the main house or an attached garage. setback 40' from property lines with minimum 1200 s.f. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. If construction is complete on the building or structure in violation, then the resolution will typically take into consideration whether it is possible or practical to move the structure. REFERENCES AND REQUIREMENTS: Maricopa County Zoning Ordinance Sections: 201 For definitions of corrals, wall and retaining wall. Fill Out the Application. Maricopa County Zoning Ordinance, Chapter 12, 1205.7.6.2.d. 8. Program at their Maricopa Agricultural Center training facility. Residential Construction & Building Permits | City of Mesa