What is the definition of an accessory building? These are the zoning laws you are required to follow. (Ord. 3. 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. setback 40' from property lines with minimum 1200 s.f. Primary structure, not including attached shade structures: 25% Total: 30%. Some well files will have site plans and GPS coordinates that can help locate the well on a property. 1. This section is included in your selections. 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. This facility has several conventional above (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. 1. G-5561, 2010; Ord. This means that all building must stop until a final resolution on the matter is achieved. A fence, pool, basketball court, driveway or corral can be located within an erosion hazard setback. No. 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. The applications are listed by category. Plan Contents: 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. 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. 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 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. 0 Scottsdale's current swimming pool barrier requirements apply to all single-family residential swimming pools, spas and hot tubs constructed after July 20, 1995. Home; . Guesthouse, subject to the following conditions: a. endstream endobj 1448 0 obj <. According to the Maricopa County Planning and Developing Department, a site plan must be obtained almost any time a building permit is required. Select A Property. The Arizona Department of Environmental Quality (ADEQ) regulates septic G-4111, 1998; Ord. d.Pergolas and other roofed structures without walls shall not be considered a connecting structure. and San Francisco real estate Those wanting ~A@Aj7Riv\.Hz( These regulations provide standards for dwellings built at low and moderate densities. G-6331, 2017), 613, R1-6 Single-Family Residence District. District Regulations. Attorney Laura B. Bramnick is an experienced Arizona real estate attorney who can provide you with the guidance you need during the variance process.? systems in Arizona along with local county health departments acting as the .ADEQ representatives. G-4188, 1999; Ord. No. 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. 7. While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits. 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. We strive to deliver these services to our community in a responsive, resourceful and results-oriented manner. The general stream adjudication is a judicial proceeding to determine the nature, extent and relative priority of water rights in Arizona. All Rights Reserved. 2. Setback requirements for main buildings are different from setbacks for detached accessory structures. The first step for a homeowner is to file a Notice of Intent (NOI) to Discharge form. The Arizona Department of Environmental Quality standardizes all septic systems in Arizona. 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. 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. G-4857, 2007; Ord. No. Commercial & Residential Real Estate Litigation, Commercial & Residential Real Estate Transactions, Important Things to Know About Arizona Property Tax Liens & MERs. The following tables establish standards to be used in the R1-6 district. Select the one that's right for your project. . Chapter 6, Zoning Districts. Find CA real estate agents 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). endstream endobj startxref 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. G-3553, 1992; Ord. The Department may approve use of alternative construction materials under R18-9-A312(G). I am handicap ,and contractor put a shade structure on my property without a permit and is not 3 ft. From the boundary fence. 1447 0 obj <> endobj ?jreBCQPXY-SSfT}0Nt.sVBG1r7Z`ZgN0SDLpW2c!V\{/lG. Arizona is a property tax lien state, which means that individual investors can buy tax liens on delinquent properties. 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. Once you have the well registration number you can easily retrieve the imaged record for the well. 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. No. No. You should contact an attorney for advice regarding specific legal issues. in Phoenix, Scottsdale, Gilbert, Paradise Valley, Peoria, Glendale, Goodyear, Avondale, Buckeye, Chandler, etc.) A site plan is needed to verify setbacks, height, and other zoning standards. No. All permits except special use permits expire 6 months from the date the permit is issued. A. Structures are not allowed within an erosion hazard setback. 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 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. 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. The process is necessary for initiating those uses. Because we use the cadastral system, wells are often plotted to the nearest 10-acre quarter rather than the exact, physical location. These regulations provide standards for dwellings built at low and moderate densities. The University of Arizona's Cooperative Extension of Water Quality provides an Onsite Waste Water Education No. No. R1-8 Single-Family Residence District. (2) For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. If they cannot help, then contact The Arizona Department of Environmental Quality. 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. Purpose. No. ft. per grading and drainage ordinance requirements. You must prove that granting the variance will not harm or upset the general intent and purposes of the zoning statute. Chapter 6, Zoning Districts. No. Storm System . If you are concerned that a local septic system may pose a health risk, your first step is to contact your 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. HOAs are tasked with regulating and maintaining the uniformity and appeal of a. G-5983, 2015; Ord. home| Many of these dwellings are thereby located on relatively large urban or suburban lots. Many claims of setback violations start with one party alleging a violation of setback ordinances by a neighboring party. H3%$@20/?S5 y` . View our directory of local Arizona septic tank pumping and maintenance small businesses. Thanks for your comments guys! Many of these dwellings are thereby located on relatively large urban or suburban lots. 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-4857, 2007; Ord. G-3498, 1992; Ord. Program at their Maricopa Agricultural Center training facility. Maricopa County Zoning Ordinance, Chapter 12, 1205.7.6.2.d. G-3498, 1992; Ord. per horse area are a permitted use in Residential Zoning Districts. building setbacks and height restrictions) on all industrial, commercial, office and residential properties. 4. Phoenix Main Office 1110 W. Washington St. Phoenix, AZ 8500 Northern Regional Office 1801 W. Route 66, Suite 117 The requested information could not be loaded. G-5561, 2010; Ord. Here are some common questions about zoning regulations and requirements in the county. Permitted uses. G-4041, 1997; Ord. 1. While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits. 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. 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. G-4188, 1999; Ord. 16.28.030 Setbacks from minor washes. No. It can be quite confusing to deal with Maricopa County zoning laws simply because the laws and regulations can apply to many . 5. 2. A. Staff is available to answer questions about residential permits, building and zoning code requirements. that are written by the members of this community. Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above. (Ord. No. While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits. 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. on ActiveRain. 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. No. (Ord. (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. 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. 5. (2)For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. Portals may project into a side yard up to the property line of a defined lot. (Ord. What's the reason you're reporting this blog entry? REFERENCES AND REQUIREMENTS: Maricopa County Zoning Ordinance Sections: 201 For definitions of corrals, wall and retaining wall. Toll-Free: 888-350-8767 Local: 623-806-8994. 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. Maricopa; to ensure adequate vehicular and pedestrian traffic circulation through coordinated street systems with relation to major thoroughfares, adjoining subdivisions, and public facilities; to achieve individual property lots of reasonable hb```,I aB,]'f_ *f`d{@"/[cl,m%3&,4 1};rC 20 No. Enclosures. No. (4)Required setback areas at the exterior boundaries of the site. hbbd``b`$Z" $x *H.L G-3498, 1992; Ord. Now, let's say you have recently purchased a vacant lot in Maricopa County, Arizona (ex. G-3529, 1992; Ord. Lot coverage: The maximum area of a lot occupied by structures and open projections as defined in chapter 2. 150' width, 175' depth (Minimum area 35,000 sq. A structure that exceeds this building area or height shall be considered an accessory building. What Are HOA Liens in Arizona & How Can You Remove Them? These standards shall apply only to lots which are created by a subdivision or a project approved under the provisions of Section 507. Where should an accessory building be located on a property? 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. 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. 8. A. No. G-3529, 1992; Ord. Is emergency power required for a wastewater treatment plant and collection system lift stations? 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. 14. An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. No. and Alternative On-side Disposal Systems Engineering.". It also would give purchasers fewer property rights. No. What are setbacks? Purpose. No. Lot coverage: The maximum area of a lot occupied by structures and open projections as defined in chapter 2 7. G-3498, 1992; Ord. The Maricopa County Planning and Development Department is responsible for regulating development activity and land use within the unincorporated areas of Maricopa County. (3)For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. B. 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