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Understanding zoning and land use law in Arizona is essential to making the best use of your real estate and property.  Nearly all real estate in Arizona is subject to some kind of government oversight, whether it is city, county, state or federal, in regards to how it can be used.  There can also be many private restrictions from homeowner’s associations or deed restrictions.  It can be a very costly mistake to purchase a piece of property, especially one intended for commercial use, without fully completing your due diligence on any potential zoning or land use restrictions.

Zoning Laws in Arizona

Zoning laws in Arizona are designed to restrict how a piece of property can be used.  These typically designate a property for residential, business, or some combination.  Depending on the city or area, the laws can be strict and detailed.  Many people think “zoning” and don’t believe zoning laws would really have that much impact on them.  Have you ever thought that?  Consider this.  It is not uncommon in Arizona to have zoning restrictions on the height of a fence or whether you can park on the street.  These things impact your day to date life.

Whatever those restrictions, you can typically apply for a variance with the zoning authority.  Most zoning authorities will grant a variance if it does not change the character or feel of the area.  MacQueen & Gottlieb has significant experience with zoning authorities throughout Arizona and can help you determine if your potential variance is likely to be accepted.  Our attorneys can help you prepare the request for variance and pursue relief in court if the zoning authority denies your request.

Zoning laws are complicated and subject to many technical and obscure rules.  It can be especially complicated when you are attempting to get a property approved for commercial use in area without any comparable properties.

Land Use Restrictions in Arizona

Getting a zoning variance approved does not mean that property owners in Arizona will be able to do whatever they want with their land.  Many communities have land use restrictions as well.  There are many areas that restrict what types of buildings can be built and how large those buildings can be.  Some communities may require approval for the design, look, and color of the buildings.

Environmental concerns are common in land use restrictions.  If the property contains a designated wetland or it is near a protected area, there can be significant restrictions on how that property can be used.  You may also be required to clean up any hazardous waste left behind from the previous owner before you can proceed with any improvements or buildings on the property.

Find an Experienced Zoning and Land Use Attorney in Arizona

Our firm can assist you in researching and preparing for any possible zoning and land use restrictions before you purchase a property.  These complicated laws and restrictions vary by community.  While our firm can help you pursue a variance or land use exemption after you purchase a property, it is highly advisable to work with an experienced zoning and land use attorney before you purchase the property.

MacQueen & Gottlieb has represented clients with zoning and land use issues of many types in Arizona.  Our firm can help you determine if a property will be able to meet your desired use so that you can move forward with the purchase confidently.  Contact us today to schedule an initial consultation or make an appointment online.

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