Like any other state in the union, Arizona has its own sets of rules and regulations on how land can be used. Before any type of construction project, expansion, modification and so forth can take place, the plans must pass through an overseeing body for approval.
Here is a simple guide to understanding how land use regulation in Arizona works.
Land Use Regulation & Zoning Laws in Arizona
There are a variety of zoning laws in Arizona. These are ordinances that outline how various types of properties can be used and developed. It’s important to note that these types of land regulation and zoning laws can and do vary in between different counties and even some cities. In most instances, land is divided into different sections that are “zoned” for specific business types, like commercial, residential, industrial, farmland and sometimes mixed use zones. Everything can be regulated, from the height of buildings to the types of fences, and even the kinds of pets or animals that can be kept in certain zones.
Zoning laws are enforced in the form of civil penalties, commonly fines that, when ignored, can be followed by court summons or other types of potential civil litigation. The goal of any type of court action, in regard to zoning and land use regulation in Arizona, is to provide a remedy to the county and or the city involved, and any potential disputes from nearby land owners and neighbors.
In some cases, property owners can apply to use their land in a way that is not currently approved. When this happens, it’s called a “variance,” an “area variance” or a “use variance.” These variances can provide relief from current restrictions on things like frontage, height, lot size and density, and even landscaping.
Use Of Land And Regulations
Now that you better understand zoning, how does land use regulation in Arizona work?
Zoning and land use regulation is a complex overseeing process that is backed by current city codes and county restrictions that can even regulate the colors of buildings, such as is seen with the trademark pink buildings in Sedona.
This means that even if you have a plot that’s zoned, say, for commercial, it doesn’t give you the right to build a residential home on that plot. It also is likely restricted in certain ways by how you can build out the land, how high you can build a structure, what type of fencing and subsidiary structures that you can have, and even how your landscaping is shaped, formed, watered and maintained.
Land use regulation in Arizona is important because it helps keep cities and counties uniform and appealing. It also helps divide noisy areas like commercial from quiet areas like residential, and it separates more polluted areas with higher crime like industrial from other more desirable areas. In other words, without it, our cities would be a lot messier and less desirable to live in!
Contact A Land Use Lawyer In Phoenix Today!
As you can see, zoning and land use regulation in Arizona is complicated. That’s why our law firm can help. Our experienced legal professionals can provide you with guidance on your current situation involving any zoning restrictions. We can also help you appeal any violations or apply for approvals for expanding usage and variances.
Zoning laws and land use restrictions in Arizona can be difficult to understand and may have restrictions that can easily go overlooked, leading to unnecessary cost and frustration. Having the proper legal counsel on your side from the start can help you prevent any unwanted setbacks and unforeseeable costs in the aftermath.
MacQueen & Gottlieb, PLC has extensive experience with zoning laws and land use in Arizona. Our highly experienced team of Arizona real estate attorneys is prepared to help you resolve your interests. Contact us today at 602-726-2229 to schedule an initial consultation or make an appointment online.