(Ord. All permits except special use permits expire 6 months from the date the permit is issued. The pawn shop owner brought suit and this case eventually went to the Arizona Supreme Court. No. No. 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. 100,000 Statement of Claimants (SOCs) have been filed in the Gila Adjudication, and over 14,000 SOCs have been filed in the LCR Adjudication. A structure that exceeds this building area or height shall be considered an accessory building. Arizona Statute 36-1681. No. The foregoing shall be deemed to include attendant facilities . No. No. inspections required for the type of septic system being installed. 3. G-5983, 2015; Ord. An injunction will typically be issued when construction has already started and there are competing claims about a potential violation with multiple parties involved. No. No. G-6331, 2017). The provisions of this section shall apply only to land zoned prior to September 13, 1981. Many of these dwellings are thereby located on relatively large urban or suburban lots. Allowed building projections into setbacks are stated in MCC 18.80.040, Building projections into yards. (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. Those wanting Because we use the cadastral system, wells are often plotted to the nearest 10-acre quarter rather than the exact, physical location. 3. 163 0 obj <> endobj Their responsibilities Development on land for which neither a subdivision nor a site plan has been approved shall be according to standards in option (a), subdivision. Why are these allowed? No. Maricopa 8874 Print Share Sold Property Today Choose monthly payment or 20% Pay in Full Discount $9,497.00 1.00 acres | Residential Zoning This flat, one-acre lot, is on S. 537th Ave and is ready for you to call home. If your dispute involves the municipality or city governing the setback ordinances, you will typically have to file a complaint before you can pursue a lawsuit on the matter. What determines if a building is an accessory? Single-Family, Detached Development, Minimum lot width (in the event of horizontal property regimes, "lot" shall refer to the width of the structure and exclusive use area), 45' minimum (unless approved by either the design advisor or the Single-Family Architectural Appeals Board for demonstrating enhanced architecture that minimizes the impact of the garage (see Section 507 Tab A.2.12.1 B(2)(b) [sic])), None, except 110' adjacent to freeway or arterial. 150' width, 175' depth (Minimum area 35,000 sq. G-5561, 2010; Ord. If the new structure blocks light or view on your property, there might be a claim they have violated setback ordinances in Arizona, if those property rights are protected. hbbd``b`z$g Vbi ".b] (HZH systems in Arizona along with local county health departments acting as the .ADEQ representatives. No. Disclaimer: The City Clerks Office has the official version of the Phoenix Zoning Ordinance. 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. %%EOF c.The floor area of the connecting structure shall be included in the floor area of the guesthouse. No. 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. in Phoenix, Scottsdale, Gilbert, Paradise Valley, Peoria, Glendale, Goodyear, Avondale, Buckeye, Chandler, etc.) No. No. The fees for the application for a permit to construct a game court shall be as established by the Town's fee schedule ordinance (Chapter 3.32 of . If you don't you could be cited for a violation of the zoning ordinance. While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits. 1. No. G-3529, 1992; Ord. 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. 2. home| This Code constitutes a republication of the general and permanent ordinances of the City of Mesa, Arizona. 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A. Allowed uses: Refer to the following tables for uses allowed in each district and to chapter 2 for definitions of permitted uses. D. Side Setback. A maximum setback of a " from finished stucco surface to front edge of electrical outlet box, PEC Sections . 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. Maricopa County Planning & Development Department. What is the definition of an accessory building? a. Well registration numbers are unique identifiers beginning with 55-, followed by six digits. Section 612. Riding, grooming, exercising, display, etc. Is emergency power required for a wastewater treatment plant and collection system lift stations? No part of the portal structure shall encroach into an adjacent property. 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. No. A variance is basically a deviation from the existing zoning ordinance. The Arizona Department of Environmental Quality standardizes all septic systems in Arizona. Sign up to get breaking news and information about Arizonas water industry! Fill Out the Application. An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. with the same setback standards as those that apply to the dwelling on the lot. Section 606. 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: . 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~$[P=r @z( District Regulations. The Maricopa County Planning and Development Department is responsible for regulating development activity and land use within the unincorporated areas of Maricopa County. Ground-or roof-supported structures, such as radio and television antenna towers and flagpoles which do . f.One parking space must be provided for the accessory dwelling unit in addition to the parking required for the primary dwelling unit. contact| G-4188, 1999; Ord. Is emergency power required for collection system odor control stations? Setback requirements for main buildings are different from setbacks for detached accessory structures. Purpose. Once they have started the construction, it makes the remedy more difficult and often results in a lawsuit because it can be hard to convince someone to simply scrap their new project once construction has commenced. a. Storm-water holding tank ; b. Storm-water disposal field No. 5. A zoning ordinance is basically a law that sets forth certain real estate development standards that are designed to be in the best interest of the community and to promote responsible development. No. Arizona commercial zoning setbacks are also focused on safety. You are normally required to adhere to the zoning ordinance and follow the setback requirements. For example, an 8-by-10 or 10-by-12 shed does not require a concrete slab; it is built on a galvanized-steel floor with joists that are 6 inches off the ground. No. hb```'ea0q>mbw$:aIB{n> CJ4p40w0p4 D@q9 | Fcb-|c\ZI9z S~d`2D l;9 C.Reserved. No. No. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. A permit is required also if any utilities such as electrical and/or plumbing are installed in the storage shed or if the storage shed is connected to the house or another structure. For a tool shed, Worth recommends. In Rural districts, there is no space requirement per horse and therefore no limit on the number of occupant-owned horses which may be kept on any Rural-zoned lot. 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.). An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. Building setback: The required separation of buildings from lot lines. Protecting & enhancing Arizonas water supplies for current and future generations. If they cannot help, then contact The Arizona Department of Environmental Quality. 16.28.030 Setbacks from minor washes. 3. No. The general stream adjudication is a judicial proceeding to determine the nature, extent and relative priority of water rights in Arizona. b. Guesthouse, subject to the following conditions: a. 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. 1. These setback laws can encompass ventilation and views so that new structures will not block regular access to light or views on the property. It also would give purchasers fewer property rights. In addition to the regular location standards, detached accessory buildings are permitted to be constructed/placed at a minimum 3 foot setback in any location other than the required front yard. The requested information could not be loaded. 45-251 to 45-264. You should contact an attorney for advice regarding specific legal issues. Building plans are not required and building inspections are not conducted. In some cases you may not be able to secure a variance, and you may have to seek rezoning of the property. No. Many claims of setback violations start with one party alleging a violation of setback ordinances by a neighboring party. These forms are processed in the order in which they were received so it is possible we have received the form, but it has not been reviewed yet. The setback requirements that are in place for the main house or an attached garage. 1. For example, in Arizona a common zoning designation is "R-43" (residential). When can I operate a business from my home? For single-family, detached development built or subdivided under the subdivision option prior to May 1, 1998, refer to the subdivision option in table B. The final resolution is the modification of the property lines. A minmumi of a 3 foot variation is required. A fence, pool, basketball court, driveway or corral can be located within an erosion hazard setback. b. endstream endobj 164 0 obj <>/Metadata 14 0 R/PageLayout/OneColumn/Pages 161 0 R/StructTreeRoot 23 0 R/Type/Catalog>> endobj 165 0 obj <>/ExtGState<>/Font<>/XObject<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 166 0 obj <>stream Are you sure you want to report this blog entry as spam? It is wrong. (3)For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. Many of these dwellings are thereby located on relatively large urban or suburban lots. 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. Thanks for your comments guys! (2) For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. 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. Purpose. Engineered Plan Submittal Requirements - Planning & Development, Maricopa County, Arizona Maricopa County Home Departments Planning & Development Submittal Requirements Planning & Development Department Engineered Plan Submittal Requirements for Build a printable checklist of submittal requirements for technical projects of varying complexity. I went in front of a planning commission requesting for a variancein WA and it was also required that I obtain signed forms from the neighbors stating that they did not disapprove of the variance request. I am wondering if it is possible to obtain a variance to allow me to build my home on the basis that the property sits in between custom homes on either side, and another directly behind it. G-6331, 2017). Required review: Where a site plan is required, development shall be according to Section 507 of this ordinance. These are the zoning laws you are required to follow. G-5561, 2010; Ord. 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. in area and equal to or less than eight (8) feet in height. 0 hb```,I aB,]'f_ *f`d{@"/[cl,m%3&,4 1};rC 20 and San Francisco real estate This site does not support Internet Explorer. D. Corrals or pastures for the keeping of horses, subject to the requirements of Section 17.104.110 (Equine regulations). 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. hbbd``b`$Z" $x *H.L This section is included in your selections. Disclaimer: The City Clerks Office has the official version of the Phoenix Zoning Ordinance. Attorney at Law, Applying for a variance in Maricopa County, Arizona. It divides the state into grids, with the smallest grid being 10-acres in size. G-4857, 2007; Ord. cannot help, then contact The Arizona Department of Environmental Quality. site map| 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. (Ord. Septic system contractors receive certification G-4041, 1997; Ord. 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. hYmO9+x_ No. What are the design requirements for equipment and process redundancy for a wastewater treatment plant? The simple idea behind these laws is to keep residential and commercial buildings from being built too close together. Find more information about it here. There has to be a good reason and sensible development, and as Lester discussed neighbor support is also helpful. 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. ground and alternative systems that are in operation to facilitate training. 10. Table A. 17.32.060 Intensity of use regulations. (2)For single-family, detached development built or subdivided under the subdivision option prior June 2, 1999, refer to the subdivision option in table B. Find CA real estate agents 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. The carport may never be enclosed. If they This site does not support Internet Explorer. of attended horses is allowed outside . 180 0 obj <>/Filter/FlateDecode/ID[]/Index[163 62]/Info 162 0 R/Length 89/Prev 74588/Root 164 0 R/Size 225/Type/XRef/W[1 2 1]>>stream These regulations provide standards for dwellings built at low and moderate densities. No. ~A@Aj7Riv\.Hz( 3. No. 2023 ActiveRain, Inc. All Rights Reserved :) homeFair Housing: Fair Housing and Equal Opportunity, Real Estate Attorney with The Law Offices of Steven C. Vondran, P.C. How do I get electricity during construction of my home/business. and Alternative On-side Disposal Systems Engineering.". G-4041, 1997; Ord. The Phoenix Zoning Ordinance is current through Ordinance G-7013, passed September 7, 2022. On June 6, 2018, the Phoenix City Council approved the adoption of the 2018 Phoenix Building Construction Code (PBCC). While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits. The second resolution is an injunction to move the structure in violation of setback ordinances. Building setback: The required separation of buildings from lot lines. No. Now, let's say you have recently purchased a vacant lot in Maricopa County, Arizona (ex. This is strictly a matter of size and use, any building that is 200 square feet in size or larger requires a building permit, and subject to prescribed setbacks. If your property suffered losses or your property was damaged by a neighboring home or business that violated setback ordinances, then you might be entitled to monetary compensation. No court lighting shall be allowed. G-4188, 1999; Ord. Plan Contents: It dose not promote the well-being.of the area. G-4857, 2007; Ord. Pima County, AZ Code of Ordinances Chapter 16.28 EROSION HAZARD AREAS AND BUILDING SETBACKS Chapter 16.28 EROSION HAZARD AREAS AND BUILDING SETBACKS Sections: 16.28.010 Building setback requirements. per horse area are a permitted use in Residential Zoning Districts. All Rights Reserved. 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. 9. The 55-71A should also be filed if the owners contact information changes or the parcel splits or combines. Lot coverage: The maximum area of a lot occupied by structures and open projections as defined in chapter 2. The property is zoned RU-43 Rural, which allows for a single family dwelling. For properties in other jurisdictions, such as Scottsdale or Maricopa County, one must . 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. What are the design requirements for wet well, basin, tank or reservoir overflows. This information is available only for those properties incorporated into the City of Phoenix. R1-8 Single-Family Residence District. If we do not have that information in the file then we have no other way of determining the location of a well other than its, Shared well agreements can sometimes be found in the wells. Since the requirements are not retroactive, pools constructed prior to July 15, 1992, need only comply with the 54" perimeter yard fencing and gate requirement in . The Arizona Department of Environmental Quality (ADEQ) regulates septic Purpose. 17.32.050 Setback regulations. endstream endobj startxref 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. Attempting to handle a setback violation without experienced legal counsel leaves you open to risk and often fails to accomplish the best resolution. Such structures are subject to the following standards: If the proposed construction is larger than the size indicated below, building plans and building inspections will be required. Note that ownership does not need to be updated if the well is not located on the parcel being transferred. Here are the main concepts you want to understand about setback ordinances in Arizona. Maricopa County Fence, Wall, and Pool Barrier Requirements (PDF) Town of Gilbert Swimming Pool Code (4.107) Following are definitions of terms used in these standards: 1. Very good explanation about variance. You must prove that granting the variance will not harm or upset the general intent and purposes of the zoning statute. (4)Required setback areas at the exterior boundaries of the site. The Maricopa County Planning and Development Department provides a wide range of services for unincorporated Maricopa County including land use planning and entitlement, building permit review and inspection, and code compliance. Rezoning is a process that starts at the Village, goes to planning and zoning and ultimately ends up in front of the City council for approval. There are potentially substantial costs associated with being forced to move a structure and its one of the main reasons to take a setback violation seriously and work with an experienced real estate attorney in Arizona if you are facing a claim. Structures are not allowed within an erosion hazard setback. The source of each section is included in the history note appearing in . 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. Unified Development Manual The Zoning Code can also be accessed by clicking on the Unified Development Manual (UDM) link above. The requested information could not be loaded. 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. 1474 0 obj <>stream The imaged record contains all the associated documents that have been submitted to the Department. 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. b. Enclosures. A one percent density bonus for each four percent of basic common area; or. Street standards: The class of street required to provide access to any parcel or subdivided lot within a development. 2. the minimum 25' setback or recommended setback to a watercourse , whichever distance is greater. G-3498, 1992; Ord. Dwelling Unit Density: The total number of dwelling units on a site divided by the gross area of the site. The requested information could not be loaded. G-5561, 2010; Ord. 16.28.040 Appeals and variances. (Ord. Use this tool for customized requests on setbacks, allowed land uses, signs, and flood hazard determination. No. What are setbacks? The following tables establish standards to be used for each district. I bought a 2.5 acre parcel in Wittman, Az, a rural area in Maricopa County, with intentions to someday build a custom home. No. 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. on ActiveRain. Contact us today at 602-533-2840 to schedule an initial consultation or make an appointment online. These regulations provide standards for dwellings built at low and moderate densities. This facility has several conventional above how or were do I start To find out ? ActiveRain, Inc. takes no responsibility for the content in these profiles, building setbacks and height restrictions) on all industrial, commercial, office and residential properties. for licensure after completion of this program. 5. We strive to deliver these services to our community in a responsive, resourceful and results-oriented manner. j. Open space shall not include: (3)Private patio areas, narrow strips between or in front of units; or, in general, areas reserved for the exclusive use of individual tenants. A. No. 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. No. (1)Provide more parking than the one required space; (2)Be advertised for occupancy through any print or electronic media or through placement of signs on the property; (3)Provide separate mail service or have a separate address from the primary dwelling unit; or. Some well files will have site plans and GPS coordinates that can help locate the well on a property. 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. Often, the neighbor has already begun construction before he or she realizes that they are in violation. land use & zoning. G-3529, 1992; Ord. 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. The definitions of terms used in these standards are found in Section 608.D. In the SF-10, SF-8, SF-7, and SF-6 districts, front setbacks shall be staggered, such that no more than 2a djacent lots have the same setback. 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.