cannot help, then contact The Arizona Department of Environmental Quality. 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. An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. Investors or buyers looking for variance approval should contact Steve Vondran. A common requirement of the zoning ordinance is "setback rquirements." The Department may approve use of alternative construction materials under R18-9-A312(G). Required parking: The minimum number of off-street parking spaces to be provided and which shall be according to Section 702.A. 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. 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. 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. Purpose. This information is available only for those properties incorporated into the City of Phoenix. No. Obtaining the necessary permits is the first step in ensuring your development activity is successful. 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. 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. Because it is an application process, we are unable to offer an answer without first reviewing and processing your application. Where should an accessory building be located on a property? One of the reasons that setback ordinance lawsuits are complicated is because they often involve multiple parties. 1. G-3553, 1992; Ord. G-3553, 1992; Ord. 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. The first remedy prescribed when a potential setback violation arises is an injunction on the building project. These real estate profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them Single-family use requirements shall apply to the guesthouse and the primary dwelling unit as a single unit. Building setback: The required separation of buildings from lot lines. Also there is BLM land directly west of the custom homes in my neighborhood. uses of properties and development regulations (i.e. (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. . 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. It also would give purchasers fewer property rights. The pawn shop owner brought suit and this case eventually went to the Arizona Supreme Court. Fill Out the Application. 1. District Regulations. G-3498, 1992; Ord. Permitted uses. 25%, except if all structures are less than 20' and 1 story in height then a maximum of 30% lot coverage is allowed. make an informed decision when buying or selling a house. (Ord. 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. Know your project's upfront fees (if any), and get an estimate for your project's permitting cost . (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. b. 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. G-3553, 1992; Ord. Extension request must be received by the Department prior to the expiration date. Attempting to handle a setback violation without experienced legal counsel leaves you open to risk and often fails to accomplish the best resolution. with the same setback standards as those that apply to the dwelling on the lot. Setback ordinances are laws which govern how close you can build to property boundaries. 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. Home; . Primary structure, not including attached shade structures: 25% Total: 30%. G-3553, 1992; Ord. 3. As a former director in the planning and zoning department for the City of Scottsdale for 20 years, the variance process is often misunderstood and more than likely difficult to obtain. 14. G-4041, 1997; Ord. What is the definition of an accessory building? Table B. These regulations provide standards for dwellings built at low and moderate densities. on ActiveRain. 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. Very good explanation about variance. 163 0 obj <> endobj Disclaimer: ActiveRain, Inc. does not necessarily endorse the real estate agents, loan officers and brokers listed on this site. ~A@Aj7Riv\.Hz( The Maricopa County Planning and Development Department is responsible for regulating development activity and land use within the unincorporated areas of Maricopa County. Lot coverage: The maximum area of a lot occupied by structures and open projections as defined in chapter 2. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. Contact us today at 602-533-2840 to schedule an initial consultation or make an appointment online. 1474 0 obj <>stream The Phoenix Zoning Ordinance is current through Ordinance G-7013, passed September 7, 2022. managing complaints. 2. Development on land for which neither a subdivision nor a site plan has been approved shall be according to standards in option (a), subdivision. If the proposed construction is larger than the size indicated below, building plans and building inspections will be required. 5. A one percent density bonus for each four percent of basic common area; or. 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. G-6331, 2017). (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. 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-4188, 1999; Ord. A.R.S. These claims typically result in damages awarded to the party negatively impacted by the violation without needing to take down the structure. gravity and chamber trenches are used for inspection training. 2For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. g.Only one guesthouse is permitted on a single lot. G-5561, 2010; Ord. 1. Chapter 6, Zoning Districts. It divides the state into grids, with the smallest grid being 10-acres in size. Residential Estate RE-24 DistrictOne-Family Residence. What are the design requirements for wet well, basin, tank or reservoir overflows. (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. 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. No. Some well files will have site plans and GPS coordinates that can help locate the well on a property. 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. Amendments to the Phoenix Fire Code Effective July 3, 2021 . (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. c.The floor area of the connecting structure shall be included in the floor area of the guesthouse. in Phoenix, Scottsdale, Gilbert, Paradise Valley, Peoria, Glendale, Goodyear, Avondale, Buckeye, Chandler, etc.) For more information regarding the cadastral system, please view. To locate your parcel number, go to your county assessors website and search by address or owner. No. 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. . 1. 4. Any garage area attached to the guesthouse which is more than the area of a single-car garage shall be counted toward the allowable square footage of the guesthouse. No. Street standards: The class of street required to provide access to any parcel or subdivided lot within a development. What are the design requirements for venting wet wells, dry wells, basins, tanks and reservoirs? 2. 5. j. No. No. No. Purpose. I bought a 2.5 acre parcel in Wittman, Az, a rural area in Maricopa County, with intentions to someday build a custom home. Setback requirements for main buildings are different from setbacks for detached accessory structures. 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. Protecting & enhancing Arizonas water supplies for current and future generations. It depends on what kind of well you want to have drilled. 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 45-251 to 45-264. 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. The property is zoned RU-43 Rural, which allows for a single family dwelling. 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. It can be quite confusing to deal with Maricopa County zoning laws simply because the laws and regulations can apply to many . 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. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. No. hYmO9+x_ G-4188, 1999; Ord. The imaged record contains all the associated documents that have been submitted to the Department. Maximum height: The maximum allowed height as measured from natural grade which measurement shall be as in chapter 2, 6. A one percent density bonus for each two percent of improved common area. Is emergency power required for collection system odor control stations? District Regulations. ? 0 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: . G-3553, 1992; Ord. No. Section 606. B. G-4857, 2007; Ord. I recently discovered that there was a restriction placed in that area prohibiting any residential building due to being in the flight path of Luke AFB. 0 Toll-Free: 888-350-8767 Local: 623-806-8994. G-3553, 1992; Ord. 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. The 55-71A should also be filed if the owners contact information changes or the parcel splits or combines. Riding, grooming, exercising, display, etc. These regulations provide standards for dwellings built at low and moderate densities. Their responsibilities G-4679, 2005; Ord. This section is included in your selections. G-3498, 1992; Ord. Thanks for your comments guys! These regulations provide standards for dwellings built at low and moderate densities. Chapter 6, Zoning Districts. Attorney at Law, Applying for a variance in Maricopa County, Arizona. G-3498, 1992; Ord. 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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.