Building or Adding on- Do You Need a Zoning Variance?

small fully-equipped, open room in a 'tiny house'

photo credit: Jed Owen via Unsplash

Arizona’s centrally located Maricopa County occiupies the entire valley surrounding the state capital of Phoenix, and is the 4th largest county by population in the U.S.. To aleviate some of this massive county’s scarcity of affordable housing, the Board of Supervisors recently approved a zoning ordinance modernizing and loosening regulations for the construction of ADUs (Accessory Dwelling Unit). What this means is that on single-family lots of one acre or larger, you may build additional, fully-equipped dwellings, often called casitas, to serve as long-term rental units.

Some controversy has arisen where this ordinance conflicts with other zoning laws that were previously in place. For example, areas classified as Historic Districts have stringent and very specific rules to maintain their character and historic designation. Other points of contention are arising in the town of Queen Creek, where, to date, over 850 accessory dwelling units have been built under the new ordinance, the highest number in any Phoenix Valley city.

Zoning ordinances can severely restrict what you are allowed to do with the property you own. But though these rules may appear to infringe on your rights, they are actually in place to protect your property. Nevertheless, there may occasionally be ways to get around zoning restrictions, if an argument can be made to allow for a zoning variance.

What is a Zoning Variance?

If you’re in the process of designing a new home or adding an addition to your current home, you’re likely aware of the term zoning: the government’s way of controlling the physical development of land and the kinds of uses to which each individual property may be put. Designed to protect you, your neighbors, and the community from undesirable, or inappropriate, land uses and/or construction, zoning laws in many communities can be very rigid and inflexible.

However, if you’re building plans are thwarted by zoning rules and regulations, you may be able to acquire a zoning variance

A variance is a request made to your local jurisdiction to deviate from current zoning requirements. If granted, a variance will allow you to use your land in a way that is normally not permitted by the zoning ordinance, such as building your home a bit higher than allowed, or adding a shed or guest house on a smaller lot or closer to your property line.

However, do not view a variance as something that changes the zoning law because it does not. Rather, it waives a certain requirement of the zoning ordinance f. For example, it may allow the owner of an odd-shaped lot to reduce slightly the setback requirements in order to accommodate a building, or permit the building of a gazebo in the back yard.