While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits. No. What are the design requirements for venting wet wells, dry wells, basins, tanks and reservoirs? Search Visible Layers Layer Field Value; Buffer Distance: 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Phone: (602) 506-3301 v2.1. 16.28.020 Setbacks near major watercourses. Toll-Free: 888-350-8767 Local: 623-806-8994. . 2For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. Building setback: The required separation of buildings from lot lines. The attorneys at M&G Law have significant experience with setback ordinances and can help you pursue the best course of action. These real estate profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them 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. 2. Once you have the well registration number you can easily retrieve the imaged record for the well. 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. 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. But an even broader right accrues. However, there are some things that may make an application more or less difficult than others. No. No court lighting shall be allowed. 1. Help!!!! No. 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. gravity and chamber trenches are used for inspection training. 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. The imaged record contains all the associated documents that have been submitted to the Department. G-4041, 1997; Ord. Scottsdale's current swimming pool barrier requirements apply to all single-family residential swimming pools, spas and hot tubs constructed after July 20, 1995. 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. G-6331, 2017), 612, R1-8 Single-Family Residence District. 163 0 obj <> endobj 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. G-3553, 1992; Ord. Print All . The following tables establish standards to be used in the R1-6 district. 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. No. ground and alternative systems that are in operation to facilitate training. No. Purpose. G-4041, 1997; Ord. The carport may never be enclosed. 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. Those wanting Minimum Lot Dimension: The minimum width and depth of lot lines and where specified, the minimum area of each lot. hYmO9+x_ This section is included in your selections. 25%, except if all structures are less than 20' and 1 story in height then a maximum of 30% lot coverage is allowed. G-4857, 2007; Ord. If any conflict exists between this Article and the information incorporated by reference in subsection (2), the requirements of this Article apply. For a tool shed, Worth recommends. This site does not support Internet Explorer. Portals may project into a side yard up to the property line of a defined lot. No. 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. No. A site plan is needed to verify setbacks, height, and other zoning standards. The process is necessary for initiating those uses. 1474 0 obj <>stream The University of Arizona's Cooperative Extension of Water Quality provides an Onsite Waste Water Education If the proposed construction is larger than the size indicated below, building plans and building inspections will be required. C.Reserved. The ADEQ offers a publication addressing B. © 2023 MacQueen & Gottlieb PLC. G-4111, 1998; Ord. 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. You should contact an attorney for advice regarding specific legal issues. No part of the portal structure shall encroach into an adjacent property. Because it is an application process, we are unable to offer an answer without first reviewing and processing your application. The first step for a homeowner is to file a Notice of Intent (NOI) to Discharge form. Disclaimer: The City Clerks Office has the official version of the Phoenix Zoning Ordinance. G-4041, 1997; Ord. 1. What are setbacks? 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. B. The general stream adjudication is a judicial proceeding to determine the nature, extent and relative priority of water rights in Arizona. The requested information could not be loaded. Extension request must be received by the Department prior to the expiration date. 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. endstream endobj 1448 0 obj <. 4. 11. 5. These standards shall not apply in the following circumstances: when contiguous developments are to be developed using the same development option with the same perimeter standards and are on the same preliminary plat or are platted concurrently; when the perimeter of a development is contiguous to a permanent open space, such as a natural wash, hillside preserve, or existing golf course, the depth of which is at least forty feet; or when the development was properly platted prior to September 13, 1981. Well registration numbers are unique identifiers beginning with 55-, followed by six digits. The requested information could not be loaded. 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. Is emergency power required for a wastewater treatment plant and collection system lift stations? Plan Contents: 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. G-4230, 1999; Ord. 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. 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). land use & zoning. Table A. Required review: Where a site plan is required, development shall be according to Section 507 of this ordinance. 1447 0 obj <> endobj that are written by the members of this community. A fence, pool, basketball court, driveway or corral can be located within an erosion hazard setback. 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.". No. Building plans are not required and building inspections are not conducted. The applications are listed by category. G-5561, 2010; Ord. )q @O%Hq Such structures are subject to the following standards: No. 3. It is the horizontal distance from a wash to a determined location where a property owner can safely put a structure; this is the "Erosion Hazard Setback. Accessory buildings cannot occupy more than 30 percent of the required rear yard or side yard. 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. Arizona commercial zoning setbacks are also focused on safety. To locate your parcel number, go to your county assessors website and search by address or owner. and let's say you have a proposed single family residence project that you want to develop. 3. . setback 40' from property lines with minimum 1200 s.f. No. What is the definition of an accessory building? G-6331, 2017), 613, R1-6 Single-Family Residence District. (4)Required setback areas at the exterior boundaries of the site. No. 45-251 to 45-264. A. It depends on what kind of well you want to have drilled. For example, in Arizona a common zoning designation is "R-43" (residential). %%EOF G-3498, 1992; Ord. (2) For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. make an informed decision when buying or selling a house. These regulations provide standards for dwellings built at low and moderate densities. (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. Purpose. 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. Required parking: The minimum number of off-street parking spaces to be provided and which shall be according to Section 702.A. It is wrong. Guesthouse, subject to the following conditions: a. Find more information about it here. The Phoenix Zoning Ordinance is current through Ordinance G-7013, passed September 7, 2022. What determines if a building is an accessory? Commercial & Residential Real Estate Litigation, Commercial & Residential Real Estate Transactions, Important Things to Know About Arizona Property Tax Liens & MERs. 5. This months Real Estate Pulse with Ben Gottlieb and AZ Big Media, Patrick MacQueen and Ben Gottlieb have been selected to The Best Lawyers in America byBestLawyers.com. G-4857, 2007; Ord. 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. Many of these dwellings are thereby located on relatively large urban or suburban lots. 7. I would hope if there was a reason for a plane to go down the pilot could travel the 500 ft west if necessary to crash or land.Geez, is there some kind of Liability waiver I could sign holding no one to blame if that were to ever happen? G-6331, 2017), 609, RE-35 Single-Family Residence District. 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). What are the requirements related to the rated capacity of a wastewater treatment plant? When can I operate a business from my home? These regulations provide standards for dwellings built at low and moderate densities. 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. While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits. A structure that exceeds this building area or height shall be considered an accessory building. Their responsibilities Accessory Structure. No. G-4078, 1998; Ord. (Ord. G-5561, 2010; Ord. 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. Select A Property. The general stream adjudication is a judicial proceeding to determine the nature, extent and relative priority of water rights in Arizona. Maintaining adequate distance from property boundaries helps to ensure that each property owner can have continued enjoyment of their own property. Team Memo: Copyright Top 10 for agents and brokers, Here we go with foreclosures and workouts.again. Enclosures. A one percent density bonus for each two percent of improved common area. 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. Protecting & enhancing Arizonas water supplies for current and future generations. The following tables establish standards to be used for each district. Table B. This now makes the property useless to me and unable to sell. 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. The Department may approve use of alternative construction materials under R18-9-A312(G). hb```,I aB,]'f_ *f`d{@"/[cl,m%3&,4 1};rC 20 Allowed uses: Refer to the following tables for uses allowed in each district and to chapter 2 for definitions of permitted uses. 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. (Ord. G-4857, 2007; Ord. View all permits , call 602-506-3301, or request more information online . 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 the minimum 25' setback or recommended setback to a watercourse , whichever distance is greater. The Phoenix Zoning Ordinance is current through Ordinance G-7013, passed September 7, 2022. Table A. No. A maximum setback of a " from finished stucco surface to front edge of electrical outlet box, PEC Sections . Arizona Administrative Code (AAC) R18-9-B201.I specifies the minimum setback requirements for a wastewater treatment plant from the nearest adjacent property line. cannot help, then contact The Arizona Department of Environmental Quality. 0 HOAs are tasked with regulating and maintaining the uniformity and appeal of a. 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. requirements for exterior walls based on fire separation distance per IRC Table R302.1 and IBC Table 602. 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. G-4041, 1997; Ord. 1462 0 obj <>/Filter/FlateDecode/ID[<4FC2FCBE9C1D3247B0205194C453CB1C><907453DF008D2646BC7A04897B7973C9>]/Index[1447 28]/Info 1446 0 R/Length 80/Prev 128032/Root 1448 0 R/Size 1475/Type/XRef/W[1 2 1]>>stream 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. Chapter 6, Zoning Districts. Know your project's upfront fees (if any), and get an estimate for your project's permitting cost . Note that ownership does not need to be updated if the well is not located on the parcel being transferred. 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. 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. The simple idea behind these laws is to keep residential and commercial buildings from being built too close together. The foregoing shall be deemed to include attendant facilities . 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. No. Where should an accessory building be located on a property? 0 Additionally, ADWR conducts an annual search of its records to determine whether new water uses have been initiated within the adjudication areas and serves new use summons by certified mail to those potential claimants. This information is available only for those properties incorporated into the City of Phoenix. Thanks for your comments guys! This site does not support Internet Explorer. hbbd``b`$Z" $x *H.L Setbacks are the required distance between a building or structure and your property . Here are the main concepts you want to understand about setback ordinances in Arizona. The conventional septic systems with This will be the subject of future blog posts. systems in Arizona along with local county health departments acting as the .ADEQ representatives. 17.32.060 Intensity of use regulations. endstream endobj startxref District Regulations. Must meet setbacks provided in setback item #11 or municipal requirements, whichever distance is greater. (Ord. No. G-5561, 2010; Ord. 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. 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. No. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. 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. 17.32.050 Setback regulations. These are the zoning laws you are required to follow. Obtaining the necessary permits is the first step in ensuring your development activity is successful. 224 0 obj <>stream information on septic systems in Arizona should contact both offices to determine the regulation, permitting, and b. A minmumi of a 3 foot variation is required. For questions regarding the 2018 Phoenix Fire Code, please contact us at 602-262-6771 or by email at fireprevention.pfd@phoenix.gov . In some cases you may not be able to secure a variance, and you may have to seek rezoning of the property. Setback ordinances are laws which govern how close you can build to property boundaries. No. 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. (Ord. Rich in Native American history, Arizona is the sixth largest state in the US and is home to the Grand Canyon. . 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. These standards shall apply only to lots which are created by a subdivision or a project approved under the provisions of Section 507. a. Storm-water holding tank ; b. Storm-water disposal field Residential Estate RE-24 DistrictOne-Family Residence. 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. (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. The requested information could not be loaded. G-4188, 1999; Ord. in area and equal to or less than eight (8) feet in height. A.R.S. (2)For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. What are the minimum setback requirements for a wastewater treatment plant? Nice explanation. on ActiveRain. b. REFERENCES AND REQUIREMENTS: Maricopa County Zoning Ordinance Sections: 201 For definitions of corrals, wall and retaining wall. hbbd``b`z$g Vbi ".b] (HZH This site does not support Internet Explorer. No. g.Only one guesthouse is permitted on a single lot. 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. A variance is basically a deviation from the existing zoning ordinance. Attorney Laura B. Bramnick is an experienced Arizona real estate attorney who can provide you with the guidance you need during the variance process.? G-3529, 1992; 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. One single- family dwelling on any lot or parcel, except that a developer of a subdivision shall be allowed to build model homes . We strive to deliver these services to our community in a responsive, resourceful and results-oriented manner. Unified Development Manual The Zoning Code can also be accessed by clicking on the Unified Development Manual (UDM) link above. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. District Regulations. D. Corrals or pastures for the keeping of horses, subject to the requirements of Section 17.104.110 (Equine regulations). Some well files will have site plans and GPS coordinates that can help locate the well on a property. District Regulations. Non-residential construction or uses may require a Site Plan application process. G-5983, 2015; Ord. 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. 1. sb``$@ 5) Sign up to get breaking news and information about Arizonas water industry! ? 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. It can be quite confusing to deal with Maricopa County zoning laws simply because the laws and regulations can apply to many . G-6331, 2017). Program at their Maricopa Agricultural Center training facility. D. Side Setback. View our directory of local Arizona septic tank pumping and maintenance small businesses. This can range from moving a fence to a complete teardown of a building or addition. Table 5.1 of the Mesa County Land Development Code specifies what uses are allowed in each zone district. G-6331, 2017). No. Animal Care & Control - Recurring Donations, COVID-19 Vaccine Vendor Frequently Asked Questions, Emergency Management Preparedness and Response, Flood Control - Flood Insurance (Espaol), Flood Control - Projects & Studies (Espaol), Flood Control - Property & Maintenance (Espaol), Flood Control - Rainfall & Weather (Espaol), Flood Control - Storm Assistance (Espaol), Informacin sobre la clnica - Preguntas ms frecuentes, Maricopa County Lead Safe Phoenix Partnership, Planning & Development - Agricultural Exemption, Planning & Development - Community Residences / Recovery Community, Planning & Development - Compliance / Special Inspection, Planning & Development - Legal Non-Conforming, Planning & Development - Manufactured Housing, Planning & Development - Plan of Development, Planning & Development - Property History, Planning & Development - Property Research, Planning & Development - Variance Cases / Meetings, Planning & Development - Variance Requests, Public Fiduciary - GUARDIANSHIP AND/OR CONSERVATORSHIP, Solid Waste - Bio-Hazardous Medical Waste Transportation, Solid Waste - Chemical Toilets, Portable Restroom Units & Portable Waste Holding Tanks, Solid Waste - Construction & Debris Landfills, Solid Waste - Non-Hazardous Liquid Waste (NHLW) Transportation, Solid Waste - Non-Hazardous Liquid Waste Transfer Facilities, Solid Waste - Non-Hazardous Solid Waste (NHSW) Transportation, Subdivision & Infrastructure - Documentation, Subdivision & Infrastructure - Engineering Design, Subdivision & Infrastructure - Engineering Design - Reclaimed Water Facilities & Systems, Subdivision & Infrastructure - Engineering Design - Wastewater Facilities & Systems, Subdivision & Infrastructure - Engineering Design - Water Facilities & Systems, Swimming Pools Management - Operating Permits, Swimming Pools Management - Operations & Maintenance, Water & Waste Management: Drinking Water Approvals and Permits, Water & Waste Management: Drinking Water General, Water & Waste Management: Drinking Water Quality, Water & Waste Management: Engineering Design, Water & Waste Management: Engineering Design - Reclaimed Water Facilities & Systems Engineering Design, Water & Waste Management: Engineering Design - Wastewater Treatment Facilities & Systems Engineering Design, Water & Waste Management: Engineering Design - Water Treatment Facilities & Systems Engineering Design, Water & Waste Management: MAG 208 Certification, Water & Waste Management: Operating Permits, Water & Waste Management: Operations & Maintenance.