On June 6, 2018, the Phoenix City Council approved the adoption of the 2018 Phoenix Building Construction Code (PBCC). G-5561, 2010; Ord. No. G-4188, 1999; Ord. Such structures are subject to the following standards: Non-residential construction or uses may require a Site Plan application process. on ActiveRain. G-3498, 1992; Ord. d.Pergolas and other roofed structures without walls shall not be considered a connecting structure. 17.32.060 Intensity of use regulations. Do you have room for backyard storage? - The Arizona Republic Perimeter standards: Setbacks for structures which are required at the perimeter of a development. Table A. PDF Title 18. Environmental Quality Chapter 9. Water Pollution Control 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. hbbd``b`$Z" $x *H.L 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. HOAs are tasked with regulating and maintaining the uniformity and appeal of a. Phoenix Main Office 1110 W. Washington St. Phoenix, AZ 8500 Northern Regional Office 1801 W. Route 66, Suite 117 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. What are the design requirements for venting wet wells, dry wells, basins, tanks and reservoirs? 3. Site Plans in Maricopa County, AZ - How to Get your Plot Plan Approved While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits. b. Below are the links with instructions for completing and submitting request form: Application for Six Month Extension on Installation Permit Maximum height: The maximum allowed height as measured from natural grade which measurement shall be as in chapter 2, 6. Dwelling Unit Density: The total number of dwelling units on a site divided by the gross area of the site. 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.". 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. 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. No. Residential Construction & Building Permits | City of Mesa 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. 4. ~A@Aj7Riv\.Hz( 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. Very good explanation about variance. G-3553, 1992; Ord. Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. (3)These standards apply only to single-family, detached development built or subdivided under the subdivision option prior to May 1, 1998. G-4857, 2007; Ord. B. . Note that ownership does not need to be updated if the well is not located on the parcel being transferred. No. It is larger then the primary building (house) it is not right he fudged some were in n order to get a permit. 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. Know your project's upfront fees (if any), and get an estimate for your project's permitting cost . ?jreBCQPXY-SSfT}0Nt.sVBG1r7Z`ZgN0SDLpW2c!V\{/lG. No. G-4041, 1997; 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. 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 cannot help, then contact The Arizona Department of Environmental Quality. Tanks constructed of wood, By applying for a "variance" you are basically asking the board of adjustments for a deviation to the R-43 zoning setback requirements and you have to make the case why you should be granted the variance. Select A Property. These are the zoning laws you are required to follow. 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. Street standards: The class of street required to provide access to any parcel or subdivided lot within a development. All Rights Reserved. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. Permitted uses. 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). G-3529, 1992; Ord. G-3553, 1992; Ord. Allowed uses: Refer to the following tables for uses allowed in each district and to chapter 2 for definitions of permitted uses. in area and equal to or less than eight (8) feet in height. 163 0 obj <> endobj 1447 0 obj <> endobj G-4041, 1997; Ord. hYmO9+x_ These regulations provide standards for dwellings built at low and moderate densities. The Arizona Department of Environmental Quality standardizes all septic systems in Arizona. Staff is available to answer questions about residential permits, building and zoning code requirements. The attorneys at M&G Law have significant experience with setback ordinances and can help you pursue the best course of action. No. PDF Frequently Asked Zoning Questions - Phoenix, Arizona ActiveRain, Inc. takes no responsibility for the content in these profiles, G-4188, 1999; Ord. City of Scottsdale - Swimming Pools, Hot Tubs and Spas G-4857, 2007; Ord. No. 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. in Phoenix, Scottsdale, Gilbert, Paradise Valley, Peoria, Glendale, Goodyear, Avondale, Buckeye, Chandler, etc.) Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above. G-5561, 2010; Ord. Maricopa County Planning and Development GIS 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. A. You are normally required to adhere to the zoning ordinance and follow the setback requirements. G-3553, 1992; Ord. endstream endobj startxref Why are these allowed? Purpose. 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. Attorney at Law, Applying for a variance in Maricopa County, Arizona. %%EOF 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. A minmumi of a 3 foot variation is required. G-4857, 2007; Ord. The Phoenix Zoning Ordinance is current through Ordinance G-7013, passed September 7, 2022. 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. Spokane Municipal Code - Section 17C.130.230: Setbacks and Sidewalks Purpose. The source of each section is included in the history note appearing in . hbbd``b`z$g Vbi ".b] (HZH Disclaimer: The City Clerks Office has the official version of the Phoenix Zoning Ordinance. G-3529, 1992; 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. No. Chapter 16.28 EROSION HAZARD AREAS AND BUILDING SETBACKS G-4857, 2007; Ord. Planning & Development | Maricopa County, AZ You must show that the hardship set forth in #2 or condition of the lot was not self-created by the owner. The Phoenix Zoning Ordinance is current through Ordinance G-7013, passed September 7, 2022. No. contact| No. 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. Maximum height: The maximum allowed height as measured from natural grade which measurement shall be as in chapter 2 6. To locate your parcel number, go to your county assessors website and search by address or owner. Residential Construction | Maricopa County, AZ It dose not promote the well-being.of the area. 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. The first step for a homeowner is to file a Notice of Intent (NOI) to Discharge form. 5. 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. 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. G-5983, 2015; Ord. 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.). Investors or buyers looking for variance approval should contact Steve Vondran. 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. POOL SPA SUBMITTAL REQUIREMENTS - Maricopa, AZ There are a couple of already established homes i Don't see the application you're looking for? 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. 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. For properties in other jurisdictions, such as Scottsdale or Maricopa County, one must . Print All . G-5561, 2010; Ord. No. No. Arizona Administrative Code (AAC) R18-9-B201.I specifies the minimum setback requirements for a wastewater treatment plant from the nearest adjacent property line. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. If you don't you could be cited for a violation of the zoning ordinance. G-3498, 1992; Ord. G-3498, 1992; Ord. 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. 11. 5. No. G-6331, 2017), 612, R1-8 Single-Family Residence District. G-3553, 1992; Ord. The Department may approve use of alternative construction materials under R18-9-A312(G). Home; . A fence, pool, basketball court, driveway or corral can be located within an erosion hazard setback. Structures are not allowed within an erosion hazard setback. c.The floor area of the connecting structure shall be included in the floor area of the guesthouse. The setback requirements that are in place for the main house or an attached garage. The most commonly used form is, The cadastral system is the rectangular coordinate system that is used to map much of Arizona. 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. Accessory Structure. What are the minimum setback requirements for a wastewater treatment plant? %PDF-1.5 % G-3529, 1992; Ord. Following are definitions of terms used in these standards: 1. gravity and chamber trenches are used for inspection training. Ordinances Regulations Codes Abatement Ordinance (P-11) 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. Many claims of setback violations start with one party alleging a violation of setback ordinances by a neighboring party. The Arizona Department of Environmental Quality (ADEQ) regulates septic hb```'ea0q>mbw$:aIB{n> CJ4p40w0p4 D@q9 | Fcb-|c\ZI9z S~d`2D l;9 j. One of the reasons that setback ordinance lawsuits are complicated is because they often involve multiple parties. Building 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. 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. This will be the subject of future blog posts.
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