No. G-5561, 2010; Ord. . building setbacks and height restrictions) on all industrial, commercial, office and residential properties. Section 312.2. No. inspections required for the type of septic system being installed. 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. These standards shall apply only to lots which are created by a subdivision or a project approved under the provisions of Section 507. The first step for a homeowner is to file a Notice of Intent (NOI) to Discharge form. View all permits , call 602-506-3301, or request more information online . 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. No. G-4041, 1997; Ord. Purpose. 16.28.040 Appeals and variances. Ordinances, Regulations and Codes | Maricopa County, AZ The attorneys at M&G Law have significant experience with setback ordinances and can help you pursue the best course of action. 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. 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. 1. You should contact an attorney for advice regarding specific legal issues. We strive to deliver these services to our community in a responsive, resourceful and results-oriented manner. The following tables establish standards to be used in the R1-6 district. Residential Estate RE-24 DistrictOne-Family Residence. 11. If the proposed construction is larger than the size indicated below, building plans and building inspections will be required. endstream endobj startxref A one percent density bonus for each two percent of improved common area. Single-family use requirements shall apply to the guesthouse and the primary dwelling unit as a single unit. Disclaimer: The City Clerks Office has the official version of the Phoenix Zoning Ordinance. Setbacks are the required distance between a building or structure and your property . 19. Perimeter standards: Setbacks for structures which are required at the perimeter of a development. Select A Property. Residential Construction & Building Permits | City of Mesa No. 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. Program at their Maricopa Agricultural Center training facility. However, there are some things that may make an application more or less difficult than others. Required parking: The minimum number of off-street parking spaces to be provided and which shall be according to Section 702.A. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. G-4041, 1997; Ord. 3. While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits. 9. 609 RE-35 Single-Family Residence District - Phoenix, AZ These are the zoning laws you are required to follow. 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. (2) For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. (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. For example, in Arizona a common zoning designation is "R-43" (residential). These real estate profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them Disclaimer: The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. 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. This will be the subject of future blog posts. Non-residential construction or uses may require a Site Plan application process. systems in Arizona along with local county health departments acting as the .ADEQ representatives. 163 0 obj <> endobj Now, let's say you have recently purchased a vacant lot in Maricopa County, Arizona (ex. G-3498, 1992; Ord. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. G-3498, 1992; Ord. This section is included in your selections. 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. G-4111, 1998; Ord. 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. What's the reason you're reporting this blog entry? c.The floor area of the connecting structure shall be included in the floor area of the guesthouse. There are two general stream adjudications in the state, the Gila River System and Source (Gila Adjudication) and the Little Colorado River System and Source (LCR Adjudication). Purpose. 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. include enforcing municipal wastewater regulations, issuing permits, licensing septic system installers, and The imaged record contains all the associated documents that have been submitted to the Department. 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. 150' width, 175' depth (Minimum area 35,000 sq. (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 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 final resolution is the modification of the property lines. G-5561, 2010; Ord. Attorney at Law, Applying for a variance in Maricopa County, Arizona. Chapter 16.28 EROSION HAZARD AREAS AND BUILDING SETBACKS land use & zoning. G-4857, 2007; Ord. Nice explanation. 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. R1-8 Single-Family Residence District. 0 No. Table 5.1 of the Mesa County Land Development Code specifies what uses are allowed in each zone district. Primary structure, not including attached shade structures: 25% Total: 30%. Many of these dwellings are thereby located on relatively large urban or suburban lots. cannot help, then contact The Arizona Department of Environmental Quality. G-3498, 1992; Ord. 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. Table A. Maricopa County The Maricopa County Planning and Development Department is responsible for regulating development activity and land use within the unincorporated areas of Maricopa County. A. The provisions of this section shall apply only to land zoned prior to September 13, 1981. 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. G-3529, 1992; Ord. HOAs are tasked with regulating and maintaining the uniformity and appeal of a. sb``$@ 5) This facility has several conventional above Such structures are subject to the following standards: G-4857, 2007; Ord. We reached out to various building departments, and their representatives said that a site plan is required for any alteration larger than upgrading an electric panel. G-5561, 2010; Ord. 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. 1474 0 obj <>stream Codes Ordinances - Phoenix, Arizona Is emergency power required for collection system odor control stations? Rich in Native American history, Arizona is the sixth largest state in the US and is home to the Grand Canyon. 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. Also there is BLM land directly west of the custom homes in my neighborhood. ft. per grading and drainage ordinance requirements. 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. Building setback: The required separation of buildings from lot lines. G-3553, 1992; Ord. I bought a 2.5 acre parcel in Wittman, Az, a rural area in Maricopa County, with intentions to someday build a custom home. Many of these dwellings are thereby located on relatively large urban or suburban lots. Investors or buyers looking for variance approval should contact Steve Vondran. 5. Accessory buildings cannot occupy more than 30 percent of the required rear yard or side yard. Chapter 20.18 RESIDENTIAL ZONING DISTRICTS (R-A, R-1, R-BI, R-2, RM, RMD) FAQ - Municipal Code & Land Development Code - Gilbert, Arizona FAQs Maricopa County, AZ CivicEngage Building Building setback: The required separation of buildings from lot lines. If they 1. G-3553, 1992; Ord. If they cannot help, then contact The Arizona Department of Environmental Quality. 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. 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. No. District Regulations. (4)Required setback areas at the exterior boundaries of the site. G-3529, 1992; Ord. G-5561, 2010; Ord. SETBACK DISTANCE CHART - Maricopa County, Arizona 3. Because we use the cadastral system, wells are often plotted to the nearest 10-acre quarter rather than the exact, physical location. This site does not support Internet Explorer. All Rights Reserved. The following tables establish standards to be used for each district. Storm System . If any conflict exists between this Article and the information incorporated by reference in subsection (2), the requirements of this Article apply. managing complaints. No. Property zoning and other issues for horse and businesses - Lexology No. (Ord. G-3529, 1992; Ord. Section 612. Are you sure you want to report this blog entry as spam? No. Do you have room for backyard storage? - The Arizona Republic Disclaimer: The City Clerks Office has the official version of the Phoenix Zoning Ordinance. 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( Maricopa County Planning & Development Department. There shall be an unobstructed opening or gate not less than three (3) feet wide into the rear yard from one (1) side of the house for emergency ingress. ft.), 20' adjacent to a public street; this area is 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, Primary structure, not including attached shade structures: 40%, Multiple-family and single-family attached. (2)For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. An established pattern of living in this metropolitan area reflects a tradition of single- family . No. G-4041, 1997; Ord. G-3529, 1992; Ord. No. Here are some common questions about zoning regulations and requirements in the county. 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. Accessory Structure. (3)For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. 7. The pawn shop owner brought suit and this case eventually went to the Arizona Supreme Court. The most commonly used form is, The cadastral system is the rectangular coordinate system that is used to map much of Arizona. . 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. Here are the main concepts you want to understand about setback ordinances in Arizona. 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. It also would give purchasers fewer property rights. Table B. Article 2.1 Single Family Residential Districts - Gilbert, Arizona The source of each section is included in the history note appearing in . A structure that exceeds this building area or height shall be considered an accessory building. local county health department. Find CA real estate agents (Ord. 4. ?jreBCQPXY-SSfT}0Nt.sVBG1r7Z`ZgN0SDLpW2c!V\{/lG. G-5983, 2015; Ord. d.Pergolas and other roofed structures without walls shall not be considered a connecting structure. %%EOF G-4041, 1997; Ord. Fill Out the Application. . The second resolution is an injunction to move the structure in violation of setback ordinances. An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. No. Manufactured Home Install Permit Instructions Tab - Arizona 224 0 obj <>stream Accessory Structure | City of Tempe, AZ You must prove that granting the variance will not harm or upset the general intent and purposes of the zoning statute. Typical Resolution for Setback Violations in Arizona 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. Building plans are not required and building inspections are not conducted. No. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. REFERENCES AND REQUIREMENTS: Maricopa County Zoning Ordinance Sections: 201 For definitions of corrals, wall and retaining wall. per horse area are a permitted use in Residential Zoning Districts. What Are HOA Liens in Arizona & How Can You Remove Them? 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. This Code constitutes a republication of the general and permanent ordinances of the City of Mesa, Arizona. No. 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. This section is included in your selections. Use this tool for customized requests on setbacks, allowed land uses, signs, and flood hazard determination. 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. 18.80.020 Accessory buildings or structures | Maricopa City Code An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. What determines if a building is an accessory? 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. Find more information about it here. Arizona commercial zoning setbacks are also focused on safety. Maricopa County Zoning Ordinance, Chapter 12, 1205.7.6.2.d. 2For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. No. %%EOF Hot Off the Press! Understanding Setback Ordinances in Arizona - MacQueen & Gottlieb PLC Where should an accessory building be located on a property? No. No. Guesthouse, subject to the following conditions: a. The process is necessary for initiating those uses. A. 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. In some cases you may not be able to secure a variance, and you may have to seek rezoning of the property. B. Ordinances Regulations Codes Abatement Ordinance (P-11) 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. privacy, Arizona Department of Environmental Quality, Arizona septic tank pumping and maintenance. Chapter 17.32 (R1-6) SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT - SIX G-6331, 2017). )q @O%Hq Septic system contractors receive certification 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. Setback Requirements: 7 Things All Homeowners Should Know