Best Land Use & Zoning Lawyers in Tempe

About Land Use & Zoning Law in Tempe, United States

Land use and zoning law in Tempe, Arizona is the collection of rules and regulations that govern how land within the city can be used and developed. The City of Tempe uses zoning ordinances to separate land into districts for purposes such as residential, commercial, industrial, and mixed-use development. These rules affect not only building locations and types but also issues like property setbacks, building heights, permitted uses, and the approval procedures for new projects or modifications to existing properties. The City of Tempe, like other municipalities, aims to balance orderly growth, community character, environmental protection, and economic development through the responsible regulation of land use.

Why You May Need a Lawyer

Many property and business owners encounter situations where professional legal help can be essential. Some common scenarios include:

• Seeking a zoning variance or special permit for a project that does not comply with the current zoning code
• Challenging a decision made by the City’s zoning or planning departments
• Facing code enforcement actions for alleged violations of land use or zoning regulations
• Negotiating land use or development agreements with the city or other parties
• Rezoning property to allow new or different uses
• Dealing with disputes between neighbors or property owners about zoning boundaries, easements, or property uses
• Understanding how new city plans or regulations could impact property value or use

Having an attorney with experience in Tempe’s land use and zoning process can help ensure your interests are protected, all requirements are met, and you avoid costly mistakes.

Local Laws Overview

Tempe’s land use and zoning rules are primarily found in the Tempe City Code and Zoning and Development Code. Here are some key aspects:

• Zoning Districts: The city is divided into various zoning districts, each with specific rules about permitted uses, building sizes, and development patterns.
• General Plan: The City of Tempe General Plan sets long-term goals and guides decisions about development, transportation, parks, and more.
• Conditional Use Permits: For some uses not automatically permitted by right in a zone, a special approval process is required, including neighborhood notification and public hearings.
• Variances: Property owners can apply for relief from certain zoning requirements if strict application would cause unnecessary hardship.
• Historic Preservation: Some properties or districts are subject to additional regulations aimed at preserving Tempe’s historical character.
• Development Review: Most new construction, significant alterations, or changes in use require review and approval from city staff or boards.
• Code Enforcement: The city actively enforces its codes and can issue citations or require corrective action for violations.

Understanding these local regulations is important for successful property development or use and to minimize legal risk.

Frequently Asked Questions

What is zoning and why does it matter for my property in Tempe?

Zoning refers to the division of the city into different areas or "zones," each with designated uses and development rules. Zoning determines how you can use or develop your property, such as building a home, opening a business, or constructing an addition.

How can I find out the zoning designation of my property?

You can check your property’s zoning by contacting the City of Tempe Community Development Department or by using the city’s online zoning map and information tools.

Can I build whatever I want on my property?

No. There are restrictions on types of buildings, their uses, setbacks from property lines, building height, parking, and landscaping. You must comply with all applicable regulations and may need permits or approvals for many projects.

What should I do if I want to use my property in a way not permitted by current zoning?

You may apply for a zoning variance, conditional use permit, or seek rezoning. Each process involves an application and public review, and approval is not guaranteed.

What is a variance and how do I get one in Tempe?

A variance allows you to deviate from certain zoning rules, such as setbacks or building height, due to special circumstances or hardships. Applications are reviewed by the Board of Adjustment and usually require a public hearing.

Who enforces zoning laws in Tempe?

The City of Tempe Code Enforcement Division is responsible for investigating complaints and enforcing zoning and land use ordinances throughout the city.

Can my neighbor challenge my zoning application?

Yes. Neighbors may be notified of certain zoning changes, variances, or permits and have the opportunity to voice support or opposition at public hearings.

What is the Tempe General Plan and does it affect land use decisions?

The General Plan is a guiding document for city growth and development over a 20-year period. It influences zoning decisions, but each property is still subject to the specific rules in the Zoning Code.

Are there special restrictions for developing in historic districts?

Yes. Properties in historic districts or with historic designations may face additional review processes and limitations to preserve historical features and character.

Do I need a lawyer for zoning issues?

While not legally required, consulting a lawyer is recommended for complex or contested matters, such as variances, rezoning, legal challenges, or enforcement actions.

Additional Resources

If you need information or assistance regarding land use and zoning in Tempe, consider these resources:

• City of Tempe Community Development Department - for permits, zoning maps, applications, and neighborhood meetings
• City of Tempe Planning Division - for guidance on development review, variances, and long-term planning
• Tempe Board of Adjustment - for information about appeals and variances
• Tempe Code Enforcement Division - for questions about code enforcement and compliance
• Arizona State Bar Association - for finding qualified land use and zoning attorneys
• Maricopa County Recorder or Assessor’s Office - for records on property ownership and parcel boundaries

Next Steps

If you have a land use or zoning question or issue in Tempe, take these steps:

• Gather all documents about your property and plans, including deeds, surveys, or prior permits
• Review the City of Tempe’s Zoning and Development Code as it applies to your situation
• Contact the relevant city department to discuss your plans or questions
• If your matter is complicated or you anticipate opposition or legal challenges, consult a knowledgeable land use and zoning attorney in Tempe
• Stay informed about public hearings or meetings that may affect your property

Navigating land use and zoning issues can be complex, but understanding the basics and seeking professional guidance can help you achieve your goals and avoid unnecessary complications.