8. Establish flood zones districts and regulations to protect life and property from the dangers of regular flooding. Rules may include variable batch sizes, specific classification or drainage requirements, or other requirements deemed necessary for public health, safety or general welfare. In some Arizona cities, zoning laws are very strict. In extreme cases, this can lead residents or business owners to take legal action against the city. The reality is that Arizona`s zoning laws vary greatly from city to city and county, and the law is a complete problem. Failure to comply with zoning laws and deviations can result in fines and other legal fees that can quickly add up to large sums of money, which is why you need an experienced zoning attorney in Phoenix from the start. E. The legislator may approve a modification of the area, which depends on a timetable for the development of the specific use or uses for which a zoning change is requested. If, after the expiry of that period, the property has not been improved for the purpose for which it was conditionally approved, the legislative body, after notifying the owner and applicant who requested the zoning change, shall schedule a public hearing to take administrative action to extend, repeal or establish compliance with the development plan or to take legislative action, so that the property reverts to its previous zone classification. An amendment to the Zoning Ordinance that removed the Floodplain Management Area overlay area from the Zoning Ordinance was also approved in 2022 to create a stand-alone document called the Coconino County Floodplain Management By-law. Click here to view this document.
F. All zoning and rezoning orders or by-laws made under this section must comply with and comply with the general plan of the municipality adopted under section 6 of this chapter, if any. In the event of uncertainties in the interpretation or application of the conformity of a part of a proposed rezoning ordinance with the adopted general plan of the municipality, the ordinance must be interpreted in such a way as to promote and not contradict the implementation of the objectives, guidelines and applicable elements of the master plan. A rezoning order corresponds to the land use element of the general plan when it proposes land uses, densities or intensities in the area of the identified uses, densities and intensities of the land use element of the master plan. Arizona`s zoning laws are a set of ordinances that restrict how a property can be used, what can be built on it, and where and how it can be built. While these laws may vary between Arizona`s many cities and counties, they generally refer to the type of property that can occupy the “area,” divided into sections that can be identified as commercial, residential, commercial, or a combination. While some cities and counties have stricter ordinances than others, some are lax and less prohibitive. Some cities, such as Scottsdale, regulate things like the height of buildings and fences, the types of pets that can be kept in residential areas, etc. If a homeowner does not comply with these Arizona zoning laws, they may face civil reprimands in the form of fines, other potential civil lawsuits, and contracts to remedy the zoning violation within a specified time frame or pay additional penalties. If a homeowner wants to use their property in a way that is not permitted by current zoning restrictions, they can often ask for what is called a “variance.” A variance can be a “usage variance” or a “surface variance”. Area deviations affect things like recoil requirements, façade requirements, height restrictions, lot size restrictions, density regulations, and yard requirements, while usage variances involve the use of real estate for something that is not listed in the listed area.
Special requirements such as those mentioned above are applicable and enforceable additions to existing development laws. And just because land for a condominium is zoned doesn`t mean you, as a landowner, are free to build any type of home you want on it. Most cities and areas have requirements for the size, design, height, and even exterior color of homes – all of which can change depending on the location of the particular property. Zoning laws and land use restrictions in Arizona can be difficult to understand and have boundaries that can be easily overlooked, resulting in unnecessary costs and frustration. If you have the right legal advisor by your side from the beginning, you can avoid unwanted setbacks and unpredictable costs later on. MacQueen & Gottlieb, PLC has extensive experience in land use and land use laws in Arizona.