224 0 obj <>stream Building setback: The required separation of buildings from lot lines. Required parking: The minimum number of off-street parking spaces to be provided and which shall be according to Section 702.A. G-4188, 1999; Ord. Single-family use requirements shall apply to the guesthouse and the primary dwelling unit as a single unit. 10. 45-251 to 45-264. It also would give purchasers fewer property rights. inspections required for the type of septic system being installed. A.R.S. Search Visible Layers Layer Field Value; Buffer Distance: 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Phone: (602) 506-3301 v2.1. No. No. You can have your wells water quality tested through the. The general stream adjudication is a judicial proceeding to determine the nature, extent and relative priority of water rights in Arizona. Hot Off the Press! R1-8 Single-Family Residence District. The definitions of terms used in these standards are found in Section 608.D. This will be the subject of future blog posts. A site plan is needed to verify setbacks, height, and other zoning standards. Sign up to get breaking news and information about Arizonas water industry! Those wanting According to the Maricopa County Planning and Developing Department, a site plan must be obtained almost any time a building permit is required. Many of these dwellings are thereby located on relatively large urban or suburban lots. The carport may never be enclosed. G-4041, 1997; Ord. land use & zoning. 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. In general, wells drilled outside, Yes, we have a list of licensed well drillers that can be found, Because we issue the proposed well a registration number when we receive the application, you can try searching for it (even if it hasnt been approved yet) with ADWRs, After receipt of a Request to Change Well Information form it can take a few months for the changes to be made to the well file, depending on our workload. © 2023 MacQueen & Gottlieb PLC. In general here is the FOUR PART TEST the board of adjustments will look at: The Law Offices of Steven C. Vondran, P.C. These regulations provide standards for dwellings built at low and moderate densities. 7. for licensure after completion of this program. (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. 17.32.050 Setback regulations. (3)These standards apply only to single-family, detached development built or subdivided under the subdivision option prior to May 1, 1998. This general principle holds for all major [] endstream endobj startxref G-3498, 1992; Ord. 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. 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.". 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. A. Dwelling Unit Density: The total number of dwelling units on a site divided by the gross area of the site. Note that ownership does not need to be updated if the well is not located on the parcel being transferred. For a tool shed, Worth recommends. This site does not support Internet Explorer. Help!!!! Disclaimer: The City Clerks Office has the official version of the Phoenix Zoning Ordinance. No. 2For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. No. 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. 0 Enclosures. It can be quite confusing to deal with Maricopa County zoning laws simply because the laws and regulations can apply to many . 0 Residential Estate RE-24 DistrictOne-Family Residence. Below are the links with instructions for completing and submitting request form: Application for Six Month Extension on Installation Permit The pawn shop owner brought suit and this case eventually went to the Arizona Supreme Court. and let's say you have a proposed single family residence project that you want to develop. 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. 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. include enforcing municipal wastewater regulations, issuing permits, licensing septic system installers, and The following tables establish standards to be used for each district. 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. g.Only one guesthouse is permitted on a single lot. Many claims of setback violations start with one party alleging a violation of setback ordinances by a neighboring party. 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. G-4041, 1997; Ord. Many of these dwellings are thereby located on relatively large urban or suburban lots. Required review: Where a site plan is required, development shall be according to Section 507 of this ordinance. Arizona commercial zoning setbacks are also focused on safety. For properties in other jurisdictions, such as Scottsdale or Maricopa County, one must . No. Print All . While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits. What is Specific Performance and When Does It Apply? It is wrong. G-5983, 2015; Ord. G-3498, 1992; Ord. No. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. No. Attorney at Law, Applying for a variance in Maricopa County, Arizona. 11. What are the design requirements for venting wet wells, dry wells, basins, tanks and reservoirs? hbbd``b`$Z" $x *H.L No. How do I get electricity during construction of my home/business. View all permits , call 602-506-3301, or request more information online . These are not necessarily easy items to prove and requires a fact-specific inquiry into your particular lot and the circumstances that apply to your property. The University of Arizona's Cooperative Extension of Water Quality provides an Onsite Waste Water Education Street standards: The class of street required to provide access to any parcel or subdivided lot within a development. (Ord. Maricopa County Planning & Development Department. This facility has several conventional above G-4111, 1998; Ord. Portals may project into a side yard up to the property line of a defined lot. Toll-Free: 888-350-8767 Local: 623-806-8994. G-6331, 2017). building setbacks and height restrictions) on all industrial, commercial, office and residential properties. Lot coverage: The maximum area of a lot occupied by structures and open projections as defined in chapter 2. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. G-4679, 2005; Ord. No. If you are seeking an exceptional, client-driven real estate lawyer in Scottsdale, Phoenix, Sedona and throughout the state of Arizona, contact Laura B. Bramnick to schedule your consultation. The foregoing shall be deemed to include attendant facilities . 16.28.030 Setbacks from minor washes. Following are definitions of terms used in these standards: 1. Conformance with design, materials, and manufacturing requirements. sb``$@ 5) b. The imaged record contains all the associated documents that have been submitted to the Department. What's the reason you're reporting this blog entry? 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. 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. G-5561, 2010; Ord. 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. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. The conventional septic systems with Maintaining adequate distance from property boundaries helps to ensure that each property owner can have continued enjoyment of their own property. (Ord. Allowed building projections into setbacks are stated in MCC 18.80.040, Building projections into yards. An established pattern of living in this metropolitan area reflects a tradition of single- family . (3)For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. No. (1)Public streets may be required as a part of subdivision or development review for extensions of street patterns, for circulation within neighborhoods, or to continue partial dedications. (4)Required setback areas at the exterior boundaries of the site. ? 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. If they cannot help, then contact The Arizona Department of Environmental Quality. No. District Regulations. 16.28.020 Setbacks near major watercourses. the minimum 25' setback or recommended setback to a watercourse , whichever distance is greater. 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Some well files will have site plans and GPS coordinates that can help locate the well on a property. G-4188, 1999; Ord. 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. Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above. The Phoenix Zoning Ordinance is current through Ordinance G-7013, passed September 7, 2022. make an informed decision when buying or selling a house. B. 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. If in doubt please call us at 480-644-4273 or visit the office at 55 N. Center St. Mesa, AZ 85201 (Monday - Thursday, 7 a.m. to 6 p.m.). Riding, grooming, exercising, display, etc. Attorney Laura B. Bramnick is an experienced Arizona real estate attorney who can provide you with the guidance you need during the variance process.? Setback requirements for main buildings are different from setbacks for detached accessory structures. Chapter 6, Zoning Districts. These regulations provide standards for dwellings built at low and moderate densities. 19. 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. If they %%EOF No. The provisions of this section shall apply only to land zoned prior to September 13, 1981. G-4041, 1997; Ord. If any conflict exists between this Article and the information incorporated by reference in subsection (2), the requirements of this Article apply. E. Service to the public of water, gas, electricity, telephone, and sewage wastewater. Such structures are subject to the following standards: All Rights Reserved. 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. Section 612. Maximum height: The maximum allowed height as measured from natural grade which measurement shall be as in chapter 2 6. 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. setback 40' from property lines with minimum 1200 s.f. 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Also there is BLM land directly west of the custom homes in my neighborhood. One of the reasons that setback ordinance lawsuits are complicated is because they often involve multiple parties. Disclaimer: The City Clerks Office has the official version of the Phoenix Zoning Ordinance. G-3529, 1992; Ord. 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. G-3529, 1992; Ord. A one percent density bonus for each four percent of basic common area; or. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. 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. (2) For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. hb```'ea0q>mbw$:aIB{n> CJ4p40w0p4 D@q9 | Fcb-|c\ZI9z S~d`2D l;9 A minmumi of a 3 foot variation is required. A. No. No court lighting shall be allowed. You must show that the hardship set forth in #2 or condition of the lot was not self-created by the owner. 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. systems in Arizona along with local county health departments acting as the .ADEQ representatives. Is emergency power required for collection system odor control stations? f.One parking space must be provided for the accessory dwelling unit in addition to the parking required for the primary dwelling unit. The requested information could not be loaded. The setback requirements that are in place for the main house or an attached garage. G-6331, 2017).