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. A structure that exceeds this building area or height shall be considered an accessory building. The following tables establish standards to be used in the R1-6 district. No. for licensure after completion of this program. © 2023 MacQueen & Gottlieb PLC. These regulations provide standards for dwellings built at low and moderate densities. Purpose. G-3529, 1992; Ord. Adjudication summons were served upon all persons listed in the property tax assessments in each watershed and on all persons in the watershed who had, at any time, any kind of water rights filing on record with ADWR. It dose not promote the well-being.of the area. uses of properties and development regulations (i.e. If they 10. No. hb```'ea0q>mbw$:aIB{n> CJ4p40w0p4 D@q9 | Fcb-|c\ZI9z S~d`2D l;9 G-3553, 1992; Ord. 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. Tanks constructed of wood, Don't see the application you're looking for? The process is necessary for initiating those uses. B. G-5561, 2010; Ord. G-3498, 1992; Ord. how or were do I start To find out ? Jeff is right, it can be a challenge. 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. This section is included in your selections. Setback requirements for main buildings are different from setbacks for detached accessory structures. While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits. 0 16.28.040 Appeals and variances. 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. G-6331, 2017), 613, R1-6 Single-Family Residence District. G-4078, 1998; Ord. On June 6, 2018, the Phoenix City Council approved the adoption of the 2018 Phoenix Building Construction Code (PBCC). Allowed building projections into setbacks are stated in MCC 18.80.040, Building projections into yards. 1. 163 0 obj <> endobj 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. I bought a 2.5 acre parcel in Wittman, Az, a rural area in Maricopa County, with intentions to someday build a custom home. (2)For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. In the state of Arizona,, Homeowner associations (HOA) in Arizona are common. in Phoenix, Scottsdale, Gilbert, Paradise Valley, Peoria, Glendale, Goodyear, Avondale, Buckeye, Chandler, etc.) 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. endstream endobj startxref . District Regulations. This site does not support Internet Explorer. Their responsibilities G-4111, 1998; Ord. 4. Why are these allowed? Scottsdale's current swimming pool barrier requirements apply to all single-family residential swimming pools, spas and hot tubs constructed after July 20, 1995. G-6331, 2017). G-3498, 1992; Ord. 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. that are written by the members of this community. No. Setbacks are the required distance between a building or structure and your property . 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. (Ord. For example, in Arizona a common zoning designation is "R-43" (residential). (Ord. My name put a building 30ft high. Building setback: The required separation of buildings from lot lines. Building G-4041, 1997; Ord. A site plan is needed to verify setbacks, height, and other zoning standards. G-3529, 1992; Ord. The first remedy prescribed when a potential setback violation arises is an injunction on the building project. Ground-or roof-supported structures, such as radio and television antenna towers and flagpoles which do . If you are seeking an exceptional, client-driven real estate lawyer in Scottsdale, Phoenix, Sedona and throughout the state of Arizona, contact Laura B. Bramnick to schedule your consultation. 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. 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-5983, 2015; Ord. Are you sure you want to report this blog entry as spam? Many claims of setback violations start with one party alleging a violation of setback ordinances by a neighboring party. In some cases you may not be able to secure a variance, and you may have to seek rezoning of the property. REFERENCES AND REQUIREMENTS: Maricopa County Zoning Ordinance Sections: 201 For definitions of corrals, wall and retaining wall. G-4188, 1999; Ord. G-4857, 2007; Ord. 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. C.Reserved. Table B. Such structures are subject to the following standards: G-5561, 2010; Ord. a. Arizona commercial zoning setbacks are also focused on safety. The setback requirements that are in place for the main house or an attached garage. Allowed uses: Refer to the following tables for uses allowed in each district and to chapter 2 for definitions of permitted uses. What is the definition of an accessory building? A maximum setback of a " from finished stucco surface to front edge of electrical outlet box, PEC Sections . An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. the minimum 25' setback or recommended setback to a watercourse , whichever distance is greater. hbbd``b`z$g Vbi ".b] (HZH The requested information could not be loaded. endstream endobj startxref This section is included in your selections. G-4041, 1997; Ord. The requested information could not be loaded. Maricopa County Planning & Development Department. The Arizona Department of Environmental Quality (ADEQ) regulates septic privacy, Arizona Department of Environmental Quality, Arizona septic tank pumping and maintenance. No. No. Common areas: Required areas in a planned residential development to be used and enjoyed by residents of a development and either improved in accordance with the standards in chapter 2 or maintained in a natural state as approved by the Planning and Development Department. The general stream adjudication is a judicial proceeding to determine the nature, extent and relative priority of water rights in Arizona. What are the design requirements for venting wet wells, dry wells, basins, tanks and reservoirs? 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. 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. Where should an accessory building be located on a property? Building setback: The required separation of buildings from lot lines. 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. 7. This information is available only for those properties incorporated into the City of Phoenix. 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. 11. 2. hb```,I aB,]'f_ *f`d{@"/[cl,m%3&,4 1};rC 20 In general here is the FOUR PART TEST the board of adjustments will look at: The Law Offices of Steven C. Vondran, P.C. H3%$@20/?S5 y` 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. The second resolution is an injunction to move the structure in violation of setback ordinances. 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. 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). Residential Estate RE-24 DistrictOne-Family Residence. No. Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above. No. 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. (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 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. No. 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. It can be quite confusing to deal with Maricopa County zoning laws simply because the laws and regulations can apply to many . and let's say you have a proposed single family residence project that you want to develop. This remedy would typically involve a settlement between the parties to sort out appropriate compensation, unless a case can be made that the setback ordinance was unnecessary or unfair to one of the properties and required an adjustment. in area and equal to or less than eight (8) feet in height. 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.). It divides the state into grids, with the smallest grid being 10-acres in size. G-4679, 2005; Ord. (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. You must prove that granting the variance will not harm or upset the general intent and purposes of the zoning statute. G-4857, 2007; Ord. 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. 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. The final resolution is the modification of the property lines. A. Portals may project into a side yard up to the property line of a defined lot. No. 1474 0 obj <>stream septic systems in Arizona entitled "Minimum Requirements for the Design and Installation of Septic Tank Systems 0 3. 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. These standards shall apply only to lots which are created by a subdivision or a project approved under the provisions of Section 507. (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. (Ord. These claims typically result in damages awarded to the party negatively impacted by the violation without needing to take down the structure. An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. G-6331, 2017), 609, RE-35 Single-Family Residence District. 25%, except if all structures are less than 20' and 1 story in height then a maximum of 30% lot coverage is allowed. and Alternative On-side Disposal Systems Engineering.". j. If you don't you could be cited for a violation of the zoning ordinance. How do I get electricity during construction of my home/business. No. 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. B. Table A. 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. Required parking: The minimum number of off-street parking spaces to be provided and which shall be according to Section 702.A. Thanks for your comments guys! Maximum height: The maximum allowed height as measured from natural grade which measurement shall be as in chapter 2, 6. The Phoenix Zoning Ordinance is current through Ordinance G-7013, passed September 7, 2022. The applications are listed by category. G-4041, 1997; Ord. The following tables establish standards to be used in the R1-8 district. For example, in Arizona a common zoning designation is "R-43" (residential). 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. (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. (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. Attorney Laura B. Bramnick is an experienced Arizona real estate attorney who can provide you with the guidance you need during the variance process.? Maricopa County Fence, Wall, and Pool Barrier Requirements (PDF) Town of Gilbert Swimming Pool Code (4.107) ? No. Because we use the cadastral system, wells are often plotted to the nearest 10-acre quarter rather than the exact, physical location. 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.