While some in our state seek to go back in time to a patchwork of overregulation, we seek a realistic, fact . The attorneys at M&G Law have significant experience with setback ordinances and can help you pursue the best course of action. 38-431.03(C)(D): Any person receiving executive session information pursuant to A.R.S. Circular driveways and similar circulation may be permitted within the front yard For all criteria and full text on temporary permits, please refer to Section 708 of the Zoning Ordinance. The Board is prohibited from discussing or acting on any of the items presented by the Staff since they are not itemized on the Board of Adjustment Agenda. A swimming pool, or other contained body of water that contains water eighteen inches or more in depth at any point and that is wider than eight feet at any point and is intended for swimming, shall be protected by an enclosure surrounding the pool area, as provided in this section. Confidentiality requirements pursuant to . To submit you must include a completed permit application form, constructions drawings, any calculations and/or specifications in PDF format. There are potentially substantial costs associated with being forced to move a structure and its one of the main reasons to take a setback violation seriously and work with an experienced real estate attorney in Arizona if you are facing a claim. This months Real Estate Pulse with Ben Gottlieb and AZ Big Media, Patrick MacQueen and Ben Gottlieb have been selected to The Best Lawyers in America byBestLawyers.com. x}o7wA4ndw}X,,Y:H$b{ZNC>zcX*/zx?~_==.wOOw~//=]|\7_^[}M:./*ljH V9$?_)nJm+6R4/_|?U&j5Wv+gI V4^=*MvuhVOa Om7gfs"_~9K]3jwx^Yg;| ^u>@_W.N>Fv17VOOAW^//V[QgV`(oY 50, huFn,7Bm#vnE Fx_mq:al4bP./ZrI.8.h5: B~)1QQ~uBWVH>/%. City ordinance mandates that dwelling units in all zones except the ROS R1R R1 and DSP zones where more than one dwelling unit exists on a lot: Efficiencies of up to 1,500 square feet and 1 bedroom units -2 spaces; 2 bedroom units . <> One (1) space must be covered. SECOND DWELLINGS / SECOND UNITS / GUEST HOUSES / CASITAS, PROJECT SUBMITTAL / PROJECT REVIEW / PROJECT PLANNER INFORMATION, Glendale Recreation Online Wellness Program (G.R.O.W), Councilmember Jamie Aldama, Ocotillo District, Councilmember Ray Malnar, Sahuaro District, Councilmember Bart Turner, Barrel District, Councilmember Lauren Tolmachoff, Cholla District. 1 0 obj Plus, you also now have the added benefit of a flexible space that can be rented or used for family. 5.914 - Findings. The Board must consider the facts and determine that the findings required to grant a variance have been met. Contact us today at 602-533-2840 to schedule an initial consultation or make an appointment online. or carport and the street, except an area contiguous to the allowed parking/driveway 5.211. A civil action is punishable by fines up to What is Specific Performance and When Does It Apply? . For an 800 square foot or less ADU, the primary standards are that it not be located between the house and the street, has a 4-foot setback from the interior property lines, is architecturally compatible with the main house, and has an independent entrance, a bedroom, a bathroom and a kitchen. This remedy would typically involve a settlement between the parties to sort out appropriate compensation, unless a case can be made that the setback ordinance was unnecessary or unfair to one of the properties and required an adjustment. *PXo;GK$i) Kx2?6K}IG?6N Arizona 3-1424 No Fence Districts. 2 0 obj %qi|]h B(Hi&r$ f'*(p ;t N.*vkAr-+D* S&a,z49Y|k`Xj!m=lCjR 05V H39EQnY/A ZONING DISTRICT REGULATIONS. Need help evaluating modular construction? If the new structure blocks light or view on your property, there might be a claim they have violated setback ordinances in Arizona, if those property rights are protected. 7#]wp4Nft ~G"[Fbi FhSK@4${A~7t9-W0ukpJ_& The parking of commercial vehicles is limited to one (1) commercial vehicle with a <> The variance request appears to meet all four findings and should be approved. 32-1. Resources. City ordinance mandates that dwelling units in all zones except the ROS R1R R1and DSP zones where more than one dwelling unit exists on a lot: For dwelling units in all zones except the ROS, R1R, R1, and DSP zones where more than one dwelling unit exists on a lot: For dwelling units in the ROS, R1R, and R1 zones: Setbacks shall be calculated from the property lines or area of the lot after any public right-of-way dedications are made. You may be asked to make corrections or provide additional information. . The final resolution is the modification of the property lines. They also provide guest screening. % Here are the main concepts you want to understand about setback ordinances in Arizona. formId: "a0ceab19-f372-426e-bf17-774ed4ec828a" FAQs: Do you need short-term rental insurance? ARTICLE 6. A parking area may not exceed forty (40) feet of contiguous area or fifty (50) percent Chapter 6, Zoning Districts. All rights reserved. Parking. For example, if your existing house in 2,500 sq. Learn from the experts how to do it effectively. The first remedy prescribed when a potential setback violation arises is an injunction on the building project. One of the reasons that setback ordinance lawsuits are complicated is because they often involve multiple parties. Please contact Tabitha Perry, Planning Manager, at 623-930-2800 or via email at tperry . Check your specific zoning regulations, but be aware the city may be willing to compromise if the project is in their best interest. Once your name is called by the Chairperson, please proceed to the podium and state your name and address for the record. It has its own entrance, separate from the primary house, as well as a kitchen, bathroom and living space. City of Glendale Development Services 5850 West Glendale Avenue Glendale, Arizona 85301-2599 Phone (623) 930-2800 www.glendaleaz.com occupying more than 33 percent of the plan view total roof area, not less than a 36-inch clear setback is required on both sides of a horizontal ridge. This section of Frequently Asked Questions has been divided into Subject Sections. setback distances may be required per Glendale Zoning Ordinance. 5850 W. Glendale Ave, 2nd Floor, Glendale AZ 85301 623 -930 3610 We improve the lives of the people . Glendale Recreation Online Wellness Program (G.R.O.W) Hiking & Trails. Arizonans for Responsible Tourism supports fair, common-sense legislation to manage short-term rentals throughout our communities. HOAs are tasked with regulating and maintaining the uniformity and appeal of a. Park Finder. What Are HOA Liens in Arizona & How Can You Remove Them? Parking and driveways are permitted as follows: (See Figure S-1). % Here are answers to frequently asked questions about vacation rental insurance to help ensure that one of your biggest assets, your vacation rental, is adequately protected. Resources. For information on the status of a specific code enforcement case, please contact Neighborhood Services at (818) 548-3700. A minimum of two (2) spaces per residential unit. This chapter may be cited as the "Landscape Ordinance of the City of Glendale." (Code 1963, 30-1; Ord. The most common legal issue involving setback ordinances is when a neighbor wants to build a new structure that encroaches on your property in violation of setback ordinances. Maintaining adequate distance from property boundaries helps to ensure that each property owner can have continued enjoyment of their own property. Share & Bookmark, Press Enter to show all options, press Tab go to next option, Contact Federal, State, and County Officials, Americans with Disabilities Act (ADA) Resources, Montrose-Verdugo City Chamber of Commerce, Top 10 Reasons You Want Your Business in Glendale, Differences Between Federal & State Fair Housing Laws, Affordable Housing Commercial Development Impact Fee, Home Occupation Business Permit Requirements, Transportation Demand Management (Chapter 6), Historic Preservation Ordinances, Community Plan Historic Contexts, and Preservation Element, Chapter 30.02 - Land Use Permit Requirements, Chapter 30.03 - Interpretation of Code Provisions, Chapter 30.15 - Special Purpose Districts, Chapter 30.23 - Parking Structure Overlay Zone (PS), Chapter 30.24 - Precise Plan and Design Overlay Zone (PPD), Chapter 30.25 - Historic District Overlay Zone (HD), Chapter 30.26 Advertising Signage Overlay Zone (ASOZ), ARTICLE IV - Site Planning and Project Design Standards, Chapter 30.34 - Standards for Specific Uses, ARTICLE V - Land Use and Development Permits, Chapter 30.41 - Permit Implementation, Time Limits and Extensions, Chapter 30.44 - Administrative Exceptions, Chapter 30.48 - Wireless Telecommunications Facilities Permits, Chapter 30.50 - Request for Parking Reduction Permit, Chapter 30.61 - Hearings and Public Notices, Chapter 30.63 - Amendments to the General Plan, Zoning Ordinance, the Zoning Map, and Street Setback Ordinances. EN. Questions you need to ask about your vacation rental insurance, How to figure out conflicting vacation rental regulations, How to handle bad vacation rental reviews and impress future guests, How to get rid of glitter and keep it out of your short-term rental for good, How to create a great vacation rental guest experience by supporting local businesses, Landing Locals pairs empty vacation rentals with local workers. City of Glendale | All Rights Reserved | Powered by, Residential Photovoltaic Plan Requirements.pdf. 38-431.02 shall not disclose that information except tothe Attorney General or County Attorney by agreement of the Board of Adjustment, or as otherwise ordered by a court of competent jurisdiction. SOLAR SUBMITTAL REQUIREMENTS Units of 2 bedrooms or more 2 spaces, except that only 1 parking space is required for each senior residential unit, Guest parking 1 space per 10 units for projects of 10 or more units; spaces must be accessible, screened from view of the street, may be unenclosed and must be clearly identified with the words, GUEST PARKING painted in the space with minimum eight-inch high letters; if the guest spaces are located behind security gates a communication system shall be provided and maintained to allow guests to communicate with residents to allow for guest vehicular access through the gates, Guest parking spaces must comply with Building Code requirements, Cumulative Gross Floor Area of dwelling: 0 3,499 sq. Your drawings will be reviewed to check that they comply with the Zoning Ordinance and Building Codes. This chart provides a summary of key Arizona laws relevant to property line and fence disputes. 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. The front yard contains no more than fifty (50) percent of the total square footage <> Sec. English Deutsch Franais Espaol Portugus Italiano Romn Nederlands Latina Dansk Svenska Norsk Magyar Bahasa Indonesia Trke Suomi Latvian Lithuanian esk . (See Description of Zoning Fee Schedule.) This page is for informational purposes only and is not the authority on local regulations. ft., the attached ADU cannot exceed 1,200 sq. Have a question you need answered? Government Departments Community Development Planning, Chapter 30.10 - Establishment of Zoning Districts, Zoning Map, Chapter 30.20 - Planned Residential Development Overlay Zone (PRD), Chapter 30.40 - Application Filing and Procedures, Chapter 30.60 - Nonconforming Uses and Buildings, WEBSITE DESIGN BY GRANICUS - Connecting People and Government, ARTICLE II - Zoning Districts and Allowable Land Uses. A basic purpose of these regulations is to foster the creation of living areas which can assist the establishment of stable, functional neighborhoods. The city of Glendale has preemptively adopted new rules regulating short-term rental properties before the city welcomes a bevy of visitors for the 2023 Super Bowl. 19-1. Towns and cities across Arizona already have the authority and duty to regulate short-term rentals. Towns and cities across Arizona already have the authority - and duty - to regulate short-term rentals. Important COVID-19 Updates: For the most current information . To make your tax season less taxing, weve answered some frequently asked questions about vacation rental taxes. Quick Look: Arizona Property Line and Fence Laws. 19-2. Guest parking spaces must comply with Building Code requirements. info@rentresponsibly.org Development shall be in conformance with the applicants project narrative, dated January 13, 2021 and site plan, dated September 28, 2020. Section 613. Please enable JavaScript in your browser for a better user experience. What are you waiting for? Parking. one (1) ton chassis, having a capacity of not more than ten thousand (10,000) pounds Arizonans for Responsible Tourism supports fair, common-sense legislation to manage short-term rentals throughout our communities. Vanessa de Souza Lages new company Sustonica offers a sustainability accreditation for sustainable vacation rentals. endobj If the Board decides to grant the variance, it should be subject to the following stipulation: Move to approve VAR20-08 per the findings and subject to the stipulation contained in the staff report. The tenant may not sub-lease either unit. 5850 W. Glendale Ave. Glendale, AZ 85301 : 1. . Residential Photovoltaic Plan Requirements.pdf Commercial & Residential Real Estate Litigation, Commercial & Residential Real Estate Transactions, Important Things to Know About Arizona Property Tax Liens & MERs. Height standards are reflective of intensity and scale of development. R324.6.2.1 Alternative setback at ridge. gross vehicle weight rating (GVWR). An interior setback means that the ADU must run parallel to the property line and at least 5 feet away. When the drawings are . 5.909 - Design Guidelines. All plans submitted to the city for swimming pools to be constructed shall show compliance with this chapter and final inspection and approval of all pools hereafter constructed shall be withheld until all requirements of this chapter shall have been complied with. portalId: "22719405", Your maximum build size differs depending on whether your accessory unit is attached or detached from the primary home. Building upon the General Plan, the Zoning Code is consideredthe City's. ARTICLE I. So if you can build a unit for $275 a square foot, but the average value of homes in your neighborhood are worth $400 a square foot you are gaining instant equity through the project. <> must be in a side or rear yard, and not be visible from public viewpoint. so long as: No long term resident parking occupies such circular drive; and. and the submittal requirements are brought to the Zoning Division, the temporary permit may be issued over the counter. Article 5. stream In August of 2017, the Arizona Supreme Court clarified when certain variances are applicable in a case called Pawn 1st, LLC v. City of Phoenix. Arizona commercial zoning setbacks are also focused on safety. In the case, a pawn shop operator was denied a variance for an ordinance which required the exterior walls of a pawn shop to be located at least 500 feet from a residential district. The pawn shop owner brought suit and this case eventually went to the Arizona Supreme Court. Arizona 13-1502 Criminal Trespass. The Glendale City Council adopted an updated General Plan on April 26, 2016, which was also ratified by Glendale voters on August 30, 2016. stream A. These setback laws can encompass ventilation and views so that new structures will not block regular access to light or views on the property. Arizona is a property tax lien state, which means that individual investors can buy tax liens on delinquent properties. 5.908 - Performance Standards. }); This destination is supported by a local short-term rental organization! %PDF-1.7 Learn how to avoid glitter with house rules and effective methods to clean it up. At all times the owner of the property must live in either the main house or the ADU while renting the other dwelling. tab visible . In the state of Arizona,, Homeowner associations (HOA) in Arizona are common. hbspt.forms.create({ . Setback ordinances in Arizona are a part of local zoning and land use laws and typically are set and maintained by the city or municipality. Within the Horse Overlay Zone, commonly known as the Riverside Rancho area, City Council has authorized the construction of front and side setback fences with specific conditions. Downtown Campus Reinvestment Project. 1379 New Series, passed and adopted at a regular meeting of the council of the City of Glendale, held on the 30th day of July, 1985, at which a quorum . The City of Glendale has embarked upon an effort to rewrite its Zoning Ordinance (Code), which was last comprehensively updated and codified in 1993. Annette Grant and Sarah Karakaian started the Thanks for Visiting podcast after meeting at a City Council meeting on short-term rental regulations. City of Glendale, CA | Zoning Code. Often, the neighbor has already begun construction before he or she realizes that they are in violation. These requirements are intended to address . - Definitions. Setback requirements influence the development of neighborhoods. endobj - City of Glendale. which is consistent with the dimensions in #1 above. To confirm zoning of land, buildings and or structures refer to the official zoning map located in the Planning Department, 2nd Floor, 5850 West . Park Finder. 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. - Short Title. Disclaimer: The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. This means that all building must stop until a final resolution on the matter is achieved. If youve felt confused by your local regulations, you are not alone. By constructing an accessory dwelling unit you are adding additional square footage to the property. I, the undersigned, Lavergne Behm, being the duly appointed, qualified and acting city clerk of Glendale, Maricopa County, Arizona, certify that the foregoing Ordinance No. This Zoning Code Update will occur over the next 16 months and will include a variety of opportunities for public participation, both online and in-person. Swimming Pool Requirements as outlined in the . 4 0 obj Hot Off the Press! While the word 'setback' generally makes people think about an event that has halted progress towards a goal, the term is . One (1) space must be covered. endobj Variance approval to reduce the required side yard setbacks to 5 feet on the west property line and 10 feet on the east property line where 15 feet is required in the R-2 (Multiple Residence) zoning district. Incorporating local businesses into your vacation rental guests experience has many benefits: It fuels your local economy, enhances your guests stay, and makes you a valued community member. If citizens wish to speak on a matter concerning the Glendale Board of Adjustment that is not on the printed agenda, please complete a Citizen Comments Card and provide it to the designated staff person prior to the beginning of the meeting. If the owner chooses not to live on-site then the renting tenant must rent out both dwelling units. R1-6 Single-Family Residence District. In the PRD zone, 1 uncovered guest space per dwelling unit in addition to enclosed parking spaces; the guest space shall be in close proximity and bear direct relationship to the dwelling unit for which it is intended; such guest parking space may be located within the public right-of-way. Within the front yard, a parking/driveway area is only allowed between the garage 30.11.070 - Residential District Setback Requirements and Exceptions 30.11.080 - Merger of Continuous Parcels Chapter 30.12 - Commercial Districts 30.12.010 - Purpose Please limit your comments to a period of three minutes or less. Setback ordinances are laws which govern how close you can build to property boundaries. Skip Navigation Share on Facebook ft. in size. building an accessory dwelling unit, especially if you intend to keep the property for a few years, represents an enormously beneficial opportunity to maximize your property. - GENERAL DEVELOPMENT STANDARDS; APPENDIX A ZONING - SPECIAL . Latest version. . 5.910 - Landscaping and Screening. Show/Hide. Lot size regulations are intended to comply with the general plan of the city. City of Glendale | All Rights Reserved | Powered by. 4 0 obj . An established pattern of living in this metropolitan area reflects a tradition of . Setback ordinances in Arizona are a part of local zoning and land use laws and typically are set and maintained by the city or municipality. <>/Metadata 203 0 R/ViewerPreferences 204 0 R>> x?t`fx q`D[mxTU7/i$u5ONzs.ki]ubu]^&;^m/}*:svqx. Board of Adjustment Minutes ofFebruary 11, 2021. Please see below. California State Law requires each city to prepare a general plan to address community policy and objectives for the future of the city. x,5S>V$LIYK]wI]\'X & 317f0]m\'GV]xx_}. Building upon the General Plan, the Zoning Code is considered the City's rule book for development. Copyright 2023 by eLaws. region: "na1", endobj space shall be independently accessible. You do, however, need to comply with floor area ratios and maximum lot coverage requirements which can override your maximum build size. A. This report allows the Staff of Planning Division to update the Board. 38-431(4), one or more members of the Board of Adjustment may be unable to attend the meeting in person and may participate telephonically. Memory Cafe. Memory Cafe. Guest parking 1/4 space per unit for residential projects of 4 or more units; spaces must be accessible, screened from view of the street, may be unenclosed and must be clearly identified with the words, GUEST PARKING painted in the space with minimum eight-inch high letters; if the guest spaces are located behind security gates a communication system shall be provided and maintained to allow guests to communicate with residents to allow for guest vehicular access through the gates. More information to come on how to register your property with the City of Glendale. Zoning Ordinance. All rentals of any length are required to register with the Maricopa County Assessors office. 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. Purpose. The city of Glendale intends for unit sizes to meet the vision of the general plan for the city. in parking/driveway or other circulation. 5.907 - Density, Area, Building and Setback Requirements. Glitter might seem harmless, but any host who has found glitter in their short-term rental property knows its a lengthy cleanup. 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. 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. The simple idea behind these laws is to keep residential and commercial buildings from being built too close together. GENERAL PLAN. - OVERLAY DISTRICT REGULATIONS; ARTICLE 7. 1379 New Series is a true, correct, and accurate copy of Ordinance No. Would result in an area greater than the allowable width as described in #1 above. .`$33HA]!A-N _.'C^cdW@'NK? 1. 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. News & Events. <>/Font<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 6 0 R] /MediaBox[ 0 0 1008 612] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> A minimum of two (2) spaces per residential unit. Arizona 13-1602 Criminal Damage to Property. Detached ADU: For a detached ADU, the total floor space area of the ADU should not be more than 1,200 square feet, regardless of the size of the primary residence. A converted accessory garage may have a second story, but cannot exceed 25 feet in height, and new construction must have at least a five-foot interior setback. Each space shall be independently accessible. Accessory Dwelling Units are allowed in the following zones; ROS, R1R, R1, R3050, R2250, R1650, R1250. Owners of vacation and short-term rentals in Glendale are required to provide the city with their owner and emergency contact information for each property. %PDF-1.7 Alexis Vasquez, Administrative Support Specialist. The parking of commercial vehicles is limited to one (1) commercial vehicle with a one (1) ton chassis, having a capacity of not more than ten . - Approval of plans. Confidentiality requirements pursuant to A.R.S. Contact us today at 888-987-6638 or info@usmodularinc.com, Designed by Elegant Themes | Powered by WordPress. 3 0 obj Learn how to figure out conflicting local vacation rental regulations. State Statutes. of the lot width as measured at the front yard setback, whichever is less. A business building a new structure or adding to their existing property near a residential area, can also violate setback ordinances and potentially face in a legal claim. © 2023 MacQueen & Gottlieb PLC. Dementia Friends Arizona . SOLAR SUBMITTAL REQUIREMENTS Residential Photovoltaic Plan Requirements.pdf <>/Metadata 298 0 R/ViewerPreferences 299 0 R>> All short-term rental owners in Arizona are required to hold a TPT license (Transaction Privilege Tax) in order to operate. A request by Tana Nichols on behalf of Habitat for Humanity to reduce the required side yard setbacks to 5 feet on the west property line and 10 feet on the east property line where 15 feet is required in the R-2 (Multiple Residence) zoning district. The Arizona State Statues requires municipalities to adopt, update, and readopt their General Plans every ten years. 1295, 1, 7-31-84) Sec. The Board may condition a variance to ensure that it will not grant special privileges inconsistent with the limitation of other similarly zoned properties. Pursuant to A.R.S. An interior setback means that the ADU must run parallel to the property line and at least 5 feet away. Short-term rentals less than thirty (30) days are prohibited for both the residential dwelling and accessory dwelling unit on the lot. If you are the party which is seeking an exception to the zoning law, you will need to petition for a variance, or exception, to the zoning laws if you feel that the setback ordinance is inhibiting your ability to improve your property. It also would give purchasers fewer property rights. Landing Locals finds vacant second homes, vacation rentals, and underperforming short-term rentals for unhoused local workers. The City of Glendale has embarked upon an effort to rewrite its Zoning Ordinance (Code), which was last comprehensively updated and codified in 1993. Setback ordinances are laws which govern how close you can build to property boundaries. A violation of a Glendale city code or ordinance may result in civil or criminal court action. Structures need to maintain adequate distance from the street and neighboring structures to ensure that a lack of access does not create a hazard for the structure and the safety of others. Their goal is to add value to each community. Yard setback requirements are waived when the shed is less than 120 square feet in size and six - IN GENERAL. ]@KZd. Rent Responsibly, Inc. Alex & Annie: Finding aha moments in the vacation rental community, Jennifer Polcyn: A leading advocate for vacation rentals in Michigan, How advocacy led to popular short-term rental podcast Thanks for Visiting, Vanessa de Souza Lage on how sustainable vacation rentals can make a better world, QBID and other common questions about vacation rental taxes. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 14 0 R 19 0 R 20 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 5.912 - Parking. Attached ADU: The floor area of the ADU should not be more than 50% of the existing residence up to 1,200 square feet, whichever is smaller.