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Maricopa County Zoning Ordinance

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Maricopa County Zoning Ordinance Maricopa County Planning and Development Department 301 W. Jefferson St., Suite 170 Phoenix, AZ 85003 March 29, 2021 MARICOPA COUNTY ZONING ORDINANCE Table of Contents CHAPTER 1 – INTRODUCTORY PROVISIONS Section Page 101 Short Title 1 102 Declaration 1 103 Effective Date 1 104 Purpose 1 105 Interpretation 2 106 Separability Clause 2 107 Repeal of Conflicting Ordinances 2 108 General Rules for Construction of Language 3 CHAPTER 2 – DEFINITIONS Section Page 201 Definitions 1 CHAPTER 3 – ADMINISTRATION Section Page 301 Board of Supervisors - Reserved 1 302 Planning and Zoning Commission - Reserved 1 303 Board of Adjustment 1 304 Amendments 4 305 Citizen Review Process 12 306 Plan of Development Process 15 CHAPTER 4 – ZONING Section Page 401 Establishment of Zoning Districts and Boundaries Thereof 1 402 Boundaries 3 403 Lands Not Previously Zoned 4 404 Lands Previously Zoned by Other Jurisdictions 4 405 Lots Divided by Zoning District Boundaries 5 CHAPTER 5 – RURAL ZONING DISTRICTS Section Page 501 Rural-190 – 190,000 Square Feet Per Dwelling Unit 1 502 Rural-70 – 70,000 Square Feet Per Dwelling Unit 11 503 Rural-43 – One Acre Per Dwelling Unit 13 CHAPTER 6 – SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS Section Page 601 R1-35 – 35,000 Square Feet Per Dwelling Unit 1 602 R1-18 – 18,000 Square Feet Per Dwelling Unit 10 Table of Contents - Page 1 MARICOPA COUNTY ZONING ORDINANCE Table of Contents 603 R1-10 – 10,000 Square Feet Per Dwelling Unit 11 604 R1-8 – 8,000 Square Feet Per Dwelling Unit 13 605 R1-7 – 7,000 Square Feet Per Dwelling Unit 14 606 R1-6 – 6,000 Square Feet Per Dwelling Unit 16 CHAPTER 7 – MULTIPLE FAMILY RESIDENTIAL ZONING DISTRICTS Section Page 701 R-2 – Two Family Residential 1 702 R-3, R-4, R-5 – Multiple Family Residential 3 CHAPTER 8 – COMMERCIAL ZONING DISTRICTS Section Page 801 C-S – Planned Shopping Center 1 802 C-O – Commercial Office 4 803 C-1 – Neighborhood Commercial 9 804 C-2 – Intermediate Commercial 16 805 C-3 – General Commercial 24 CHAPTER 9 – INDUSTRIAL ZONING DISTRICTS Section Page 901 Ind-1 – Planned Industrial 1 902 Ind-2 – Light Industrial 8 903 Ind-3 – Heavy Industrial 14 CHAPTER 10 – OVERLAY ZONING DISTRICTS Section Page 1001 PAD – Planned Area Development Overlay 1 1002 RUPD – Residential Unit Plan of Development 5 1003 CUPD – Commercial Plan of Development 7 1004 IUPD – Industrial Plan of Development 9 1005 PD – Planned Development Overlay 10 1006 SC – Senior Citizen Overlay 12 1007 Westside Military Airbase 13 1008 Wickenburg Scenic Corridor 13 1009 Hwy 74 Scenic Corridor 20 1010 Military Airport and Ancillary Military Facility 24 CHAPTER 11 – GENERAL REGULATIONS Section Page 1101 Applying General Provisions 1 1102 Parking Regulations 1 1103 Loading and Unloading Regulations 6 1104 Right of Way Acquisition 7 Table of Contents - Page 2 MARICOPA COUNTY ZONING ORDINANCE Table of Contents 1105 Setback Lines 7 1106 Accessory Buildings and Uses 8 1107 Number of Principal Buildings on a Lot 9 1108 Adjustment Permitting an Additional Dwelling Unit 9 1109 Additional Lot Area and Dimension Regulations 10 1110 Additional Yard and Open Space Regulations 10 1111 Additional Height Regulations 12 1112 Outdoor Light Control Provisions 20 1113 Flood Control Regulations 27 1114 Location of Mobile Homes, Travel Trailers, Aircraft, Boats, Camping Trailers, Truck Campers & Motor Homes 27 1115 Amateur Radio Antennas and Antenna Support Structures 28 CHAPTER 12 – DEVELOPMENT REGULATIONS Section Page 1201 Hillside Development Standards 1 1202 Wireless Communication Facilities 5 1203 Mobile Home Parks 12 1204 Protected Development Rights 14 1205 Drainage Provisions 17 1206 Renewable Energy Systems 30 CHAPTER 13 – USE REGULATIONS Section Page 1301 Special Uses 1 1302 Temporary Uses 7 1303 Conditional Uses 14 1304 Exempted Uses 15 1305 Nonconforming Uses 16 1306 Relief from Development Standards due to Government Action 17 CHAPTER 14 – SIGN REGULATIONS Section Page 1401 General Signage Regulations 1 1402 Rural and Residential Zoning Districts 10 1403 Commercial Zoning Districts 12 1404 Industrial Zoning Districts 19 1405 Overlay Zoning Districts 23 1406 Mobile/Manufactured Home Parks 25 Sign Table by Zoning District 26 Table of Contents - Page 3 MARICOPA COUNTY ZONING ORDINANCE Table of Contents CHAPTER 15 – VIOLATION, PENALTY AND ENFORCEMENT Section Page 1501 Violation, Penalty and Enforcement 1 1502 Violation 2 1503 Penalty 2 1504 Enforcement 3 CHAPTER 16 – FEES Section Page 1601 Purpose 1 1602 Fees 1 1603 Appeals 6 1604 Application Fees for Variance 6 1605 Use Permits 7 1606 Outstanding Fees and Fines 7 CHAPTER 17 – INDEXES AND APPENDICES Section Page 1701 Reference Index 1 1702 Appendices 6 1703 Revisions/Additions 7 Table of Contents - Page 4 MARICOPA COUNTY ZONING ORDINANCE Chapter 1 – Introductory Provisions SECTION 101. SHORT TITLE*1 This Ordinance may be cited as "The Zoning Ordinance for the Unincorporated Area of Maricopa County". Date of Revisions *1 Revised 4-01-85 SECTION 102. DECLARATION An Amended Zoning Ordinance for the Unincorporated Area of Maricopa County, Arizona, dividing the unincorporated area of said county into zoning districts appropriate for various classes of residential, business and industrial uses; providing for the establishment of setback lines; providing for adequate light, air, and parking facilities; providing for expediting traffic within the zoning districts; establishing the percentage of a lot or parcel which may be covered by buildings, and the size of yards and other open spaces. SECTION 103. EFFECTIVE DATE This Ordinance shall become effective on May 29, 1969. SECTION 104. PURPOSE*2,*3 This Amended Zoning Ordinance is designed to promote the public health, peace, safety, comfort, convenience and general welfare of the citizens of Maricopa County; to guide, control and regulate the future growth and development in order to promote orderly and appropriate use of land in the entire unincorporated area of said county; to protect the character and the stability of residential, business and industrial areas of Maricopa County; to facilitate existing or potential traffic movements; to provide adequate light, air and parking facilities; to secure safety from fire and other dangers; and to prevent overcrowding of land and undue congestion of population; and to prevent the concentration of adult oriented facilities which has been determined to be a cause to neighborhood deterioration and blight through an increase in crime and diminution of property values. The provisions of this Ordinance should have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult oriented materials. Similarly, it is not the intent or effect of the Ordinance to restrict or deny access to materials protected by the First Amendment. In preparation of this Ordinance consideration has been given to Sections 11-801 through 11-808 and 11-821 through 11-830 of the Arizona Revised Statutes, and to all studies and surveys made in the past in connection therewith, including, but not limited to, the following reports and studies of present conditions and prospective future growth: 1. Part I of Comprehensive Plan for Maricopa County - History, Economics, Physical Features; Chapter 1 - Page 1 MARICOPA COUNTY ZONING ORDINANCE Chapter 1 – Introductory Provisions 2. Part II of the Comprehensive Plan for Maricopa County - Population, Community Growth, Existing Land Use; 3. Part III of the Comprehensive Plan for Maricopa County - A Report Upon Future General Land Use; 4. Major Street and Highway Plan; 5. Present and Future Water Use and its Effect on Planning in Maricopa County; 6. The Economy of Maricopa County; 7. Area Plans. Date of Revisions *2 Revised 8-23-90 *3 Revised 8-21-93 SECTION 105. INTERPRETATION In interpreting and applying the regulations of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any ordinances, rules, regulations or permits previously adopted or issued, and not in conflict with any of the regulations of this Ordinance, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Ordinance; nor is it intended by this Ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, except that if this Ordinance imposes a greater restriction, this Ordinance shall regulate. SECTION 106. SEPARABILITY CLAUSE Should any chapter, section or regulation of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any portion thereof other than the chapter, section or regulation so declared to be unconstitutional or invalid. SECTION 107. REPEAL OF CONFLICTING ORDINANCES All ordinances or portions of ordinances in conflict with this Ordinance, or inconsistent with the regulations of this Ordinance, are hereby repealed to the extent necessary to give this Ordinance full force and effect. Chapter 1 - Page 2 MARICOPA COUNTY ZONING ORDINANCE Chapter 1 – Introductory Provisions SECTION 108. GENERAL RULES FOR CONSTRUCTION OF LANGUAGE*4 All words used in the present tense shall include the future tense. All words in the singular number shall include the plural number, and all words in the plural number shall include the singular number.
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