Building plans are not required and building inspections are not conducted. 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. Building setback: The required separation of buildings from lot lines. (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. The source of each section is included in the history note appearing in . 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. All Rights Reserved. Lot coverage: The maximum area of a lot occupied by structures and open projections as defined in chapter 2 7. (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. Non-residential construction or uses may require a Site Plan application process. G-5561, 2010; Ord. 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No. This now makes the property useless to me and unable to sell. Arizona Administrative Code (AAC) R18-9-B201.I specifies the minimum setback requirements for a wastewater treatment plant from the nearest adjacent property line. The foregoing shall be deemed to include attendant facilities . G-6331, 2017). 2. 150' width, 175' depth (Minimum area 35,000 sq. Section 606. 0 G-3498, 1992; Ord. The simple idea behind these laws is to keep residential and commercial buildings from being built too close together. The general stream adjudication is a judicial proceeding to determine the nature, extent and relative priority of water rights in Arizona. b. While the predominant housing type is expected to be single-family dwelling, provisions are made for alternative housing types within the same density limits. How do I get electricity during construction of my home/business. Those wanting Maximum height: The maximum allowed height as measured from natural grade which measurement shall be as in chapter 2 6. 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. No. 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. Maricopa 8874 Print Share Sold Property Today Choose monthly payment or 20% Pay in Full Discount $9,497.00 1.00 acres | Residential Zoning This flat, one-acre lot, is on S. 537th Ave and is ready for you to call home. 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. 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. 5. Maricopa County Planning & Development Department. 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. Maintaining adequate distance from property boundaries helps to ensure that each property owner can have continued enjoyment of their own property. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. It depends on what kind of well you want to have drilled. G-4188, 1999; Ord. a. G-3553, 1992; Ord. Many of these dwellings are thereby located on relatively large urban or suburban lots. © 2023 MacQueen & Gottlieb PLC. What is Specific Performance and When Does It Apply? Program at their Maricopa Agricultural Center training facility. No. No. Primary structure, not including attached shade structures: 25% Total: 30%. The final resolution is the modification of the property lines. on ActiveRain. For purposes of this section, canal rights-of-way shall be treated the same as public street rights-of-way. District Regulations. The property is zoned RU-43 Rural, which allows for a single family dwelling. It divides the state into grids, with the smallest grid being 10-acres in size. (Ord. G-3553, 1992; Ord. Perimeter standards: Setbacks for structures which are required at the perimeter of a development. No. G-3498, 1992; Ord. B. 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. G-4041, 1997; Ord. No. 3. 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. (Ord. The pawn shop owner brought suit and this case eventually went to the Arizona Supreme Court. Such structures are subject to the following standards: The 55-71A should also be filed if the owners contact information changes or the parcel splits or combines. 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Find more information about it here. Is emergency power required for collection system odor control stations? No. No. It also would give purchasers fewer property rights. A. G-5983, 2015; Ord. For example, in Arizona a common zoning designation is "R-43" (residential). Must meet setbacks provided in setback item #11 or municipal requirements, whichever distance is greater. 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. 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.). Use this tool for customized requests on setbacks, allowed land uses, signs, and flood hazard determination. 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. ft. per grading and drainage ordinance requirements. Users should contact the City Clerks Office for ordinances passed subsequent to the ordinance cited above. site map| 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. (4)Required setback areas at the exterior boundaries of the site. endstream endobj startxref Disclaimer: The City Clerks Office has the official version of the Phoenix Zoning Ordinance. 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. Ground-or roof-supported structures, such as radio and television antenna towers and flagpoles which do . An established pattern of living in this metropolitan area reflects a tradition of single- family . endstream endobj startxref This site does not support Internet Explorer. No. septic systems in Arizona entitled "Minimum Requirements for the Design and Installation of Septic Tank Systems The Arizona Department of Environmental Quality standardizes all septic systems in Arizona. G-5561, 2010; Ord. Structures are not allowed within an erosion hazard setback. Enclosures. What is the definition of an accessory building? G-3498, 1992; Ord. This Code constitutes a republication of the general and permanent ordinances of the City of Mesa, Arizona. These are the zoning laws you are required to follow. Because we use the cadastral system, wells are often plotted to the nearest 10-acre quarter rather than the exact, physical location. 1474 0 obj <>stream You should contact an attorney for advice regarding specific legal issues. 8. 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. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. No. There has to be a good reason and sensible development, and as Lester discussed neighbor support is also helpful. 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. No. The specific setback distance requirements depend on no or full noise, odor, and aesthetic controls. The general stream adjudication is a judicial proceeding to determine the nature, extent and relative priority of water rights in Arizona. Table A. No. G-3529, 1992; Ord. G-4111, 1998; Ord. 180 0 obj <>/Filter/FlateDecode/ID[]/Index[163 62]/Info 162 0 R/Length 89/Prev 74588/Root 164 0 R/Size 225/Type/XRef/W[1 2 1]>>stream gravity and chamber trenches are used for inspection training. The Phoenix Zoning Ordinance is current through Ordinance G-7013, passed September 7, 2022. If the proposed construction is larger than the size indicated below, building plans and building inspections will be required. No. 1. To check if changes have been made, search for your registration number using ADWRs, We are limited in our ability to tell you exactly where a well is physically located on a parcel. The University of Arizona's Cooperative Extension of Water Quality provides an Onsite Waste Water Education G-4111, 1998; Ord. 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. 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 Team Memo: Copyright Top 10 for agents and brokers, Here we go with foreclosures and workouts.again. This will be the subject of future blog posts. The following tables establish standards to be used for each district. View all permits , call 602-506-3301, or request more information online . No. Required parking: The minimum number of off-street parking spaces to be provided and which shall be according to Section 702.A. 4. An established pattern of living in this metropolitan area reflects a tradition of single-family occupied dwellings which also emphasize outdoor living. managing complaints. Obtaining the necessary permits is the first step in ensuring your development activity is successful. that are written by the members of this community. 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. HOAs are tasked with regulating and maintaining the uniformity and appeal of a. 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. A structure that exceeds this building area or height shall be considered an accessory building. a. Storm-water holding tank ; b. Storm-water disposal field (Ord. Maricopa County Zoning Ordinance, Chapter 12, 1205.7.6.2.d. 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. There are a couple of already established homes i ? G-4857, 2007; Ord. No. Scottsdale's current swimming pool barrier requirements apply to all single-family residential swimming pools, spas and hot tubs constructed after July 20, 1995. No part of the portal structure shall encroach into an adjacent property. 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. Arizona is a property tax lien state, which means that individual investors can buy tax liens on delinquent properties. 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. Staff is available to answer questions about residential permits, building and zoning code requirements. A common requirement of the zoning ordinance is "setback rquirements." 1. Since the requirements are not retroactive, pools constructed prior to July 15, 1992, need only comply with the 54" perimeter yard fencing and gate requirement in . Portals may project into a side yard up to the property line of a defined lot. 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. No. 16.28.030 Setbacks from minor washes. C.Reserved. The applications are listed by category. D. Corrals or pastures for the keeping of horses, subject to the requirements of Section 17.104.110 (Equine regulations). Single-Family Detached (Subdivided Prior to June 2, 1998), Single-Family Attached and Multifamily Development, 20' adjacent to a public street; this area is to 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. The Maricopa County Planning and Development Department is responsible for regulating development activity and land use within the unincorporated areas of Maricopa County. G-4857, 2007; Ord. contact| home| Arizona Statute 36-1681. This site does not support Internet Explorer. Now, let's say you have recently purchased a vacant lot in Maricopa County, Arizona (ex. All permits except special use permits expire 6 months from the date the permit is issued. The imaged record contains all the associated documents that have been submitted to the Department. Accessory Structure. Extension request must be received by the Department prior to the expiration date. 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. Some well files will have site plans and GPS coordinates that can help locate the well on a property. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. 163 0 obj <> endobj (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. I bought a 2.5 acre parcel in Wittman, Az, a rural area in Maricopa County, with intentions to someday build a custom home. 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. The attorneys at M&G Law have significant experience with setback ordinances and can help you pursue the best course of action. g.Only one guesthouse is permitted on a single lot. Below are the links with instructions for completing and submitting request form: Application for Six Month Extension on Installation Permit 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. systems in Arizona along with local county health departments acting as the .ADEQ representatives. 45-251 to 45-264. Disclaimer: The City Clerks Office has the official version of the Phoenix Zoning Ordinance. 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. No. G-3553, 1992; Ord. 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: . It is larger then the primary building (house) it is not right he fudged some were in n order to get a permit. Why are these allowed? Perimeter common: trees spaced a maximum of 20' to 30' on center (based on species) or in equivalent groupings, and 5 shrubs per tree. Sign up to get breaking news and information about Arizonas water industry! In some cases you may not be able to secure a variance, and you may have to seek rezoning of the property. G-5561, 2010; Ord. In the state of Arizona,, Homeowner associations (HOA) in Arizona are common. G-3498, 1992; Ord. If they 19. hb```'ea0q>mbw$:aIB{n> CJ4p40w0p4 D@q9 | Fcb-|c\ZI9z S~d`2D l;9 Don't see the application you're looking for? requirements for exterior walls based on fire separation distance per IRC Table R302.1 and IBC Table 602. Table 5.1 of the Mesa County Land Development Code specifies what uses are allowed in each zone district. (Ord. Help!!!! Minimum Lot Dimension: The minimum width and depth of lot lines and where specified, the minimum area of each lot. To locate your parcel number, go to your county assessors website and search by address or owner. No. The fees for the application for a permit to construct a game court shall be as established by the Town's fee schedule ordinance (Chapter 3.32 of . 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. Rezoning is a process that starts at the Village, goes to planning and zoning and ultimately ends up in front of the City council for approval. The requested information could not be loaded. Purpose. b. For properties in other jurisdictions, such as Scottsdale or Maricopa County, one must . Select A Property. No. G-6331, 2017), 612, R1-8 Single-Family Residence District. Septic system contractors receive certification Investors or buyers looking for variance approval should contact Steve Vondran. Open space shall not include: (3)Private patio areas, narrow strips between or in front of units; or, in general, areas reserved for the exclusive use of individual tenants. For a tool shed, Worth recommends. 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. B. 9. inspections required for the type of septic system being installed. No. B. The first step for a homeowner is to file a Notice of Intent (NOI) to Discharge form. Print All . Building setback: The required separation of buildings from lot lines. 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. On June 6, 2018, the Phoenix City Council approved the adoption of the 2018 Phoenix Building Construction Code (PBCC). Plan Contents: ActiveRain, Inc. takes no responsibility for the content in these profiles, (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. 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. 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. The following tables establish standards to be used in the R1-8 district. (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. 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. 11. REFERENCES AND REQUIREMENTS: Maricopa County Zoning Ordinance Sections: 201 For definitions of corrals, wall and retaining wall. Purpose. The carport may never be enclosed. (Ord. Allowed uses: Refer to the following tables for uses allowed in each district and to chapter 2 for definitions of permitted uses. You can have your wells water quality tested through the. No. No. No. What's the reason you're reporting this blog entry? 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. Amendments to the Phoenix Fire Code Effective July 3, 2021 . No. G-5561, 2010; Ord. ?jreBCQPXY-SSfT}0Nt.sVBG1r7Z`ZgN0SDLpW2c!V\{/lG. b. Riding, grooming, exercising, display, etc. %%EOF What are the minimum setback requirements for a wastewater treatment plant? Unified Development Manual The Zoning Code can also be accessed by clicking on the Unified Development Manual (UDM) link above. What are setbacks? Because it is an application process, we are unable to offer an answer without first reviewing and processing your application. 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. Commercial & Residential Real Estate Litigation, Commercial & Residential Real Estate Transactions, Important Things to Know About Arizona Property Tax Liens & MERs. This section is included in your selections. G-3529, 1992; Ord. Phoenix Main Office 1110 W. Washington St. Phoenix, AZ 8500 Northern Regional Office 1801 W. Route 66, Suite 117 Lot coverage: The maximum area of a lot occupied by structures and open projections as defined in chapter 2. No. What determines if a building is an accessory? 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. The definitions of terms used in these standards are found in Section 608.D. for licensure after completion of this program. Here are the main concepts you want to understand about setback ordinances in Arizona. The first remedy prescribed when a potential setback violation arises is an injunction on the building project. The Phoenix Zoning Ordinance is current through Ordinance G-7013, passed September 7, 2022.
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maricopa county setback requirements