Fill - Free fillable PLANNING & DEVELOPMENT DEPARTMENT GOVERNMENT ACTION LEGAL NON-CONFORMING (Maricopa County Telecommunications) PDF form

501 North 44

Street, Suite 200  Phoenix, AZ 85008  (602) 506-3301

www.maricopa.gov/planning

Government Action 10/30/19

MARICOPA COUNTY

PLANNING & DEVELOPMENT

DEPARTMENT

GOVERNMENT ACTION LEGAL NON-CONFORMING

SUBMITTAL FORMS INDEX

APPLICATION INSTRUCTIONS & CHECKLIST

INFORMATION REQUIRED FOR SUBMITTAL & FLOWCHART

LAND USE APPLICATION

LEGAL NON-CONFORMING USE AFFIDAVIT (SAMPLE)

LEGAL NON-CONFORMING BUILDINGS/STRUCTURES (SAMPLE)

TYPICAL RESIDENTIAL SITE PLAN (SAMPLE)

WHAT TO EXPECT AT THE ONE STOP SHOP

Note: As of December 31, 2012, all Land Use applications are subject to ARS § 1605.

- As of September 13, 2013 all Residential uses are excluded per ARS §11-1605 M.2

501 North 44

Street, Suite 200  Phoenix, AZ 85008  (602) 506-3301

www.maricopa.gov/planning

Government Action 10/30/19

MARICOPA COUNTY

PLANNING & DEVELOPMENT

DEPARTMENT

APPLICATION INSTRUCTIONS & CHECKLIST

Applications submitted to the Maricopa County Planning and Development Department

shall include all of the exhibits, items and information listed in this checklist. An application will

only be accepted by the Department when all of the items listed below are submitted, unless

otherwise deemed unnecessary by staff. Applications determined to be incomplete shall

not be processed by staff. Additional information, detail, and/or copies may be required

after review by the assigned planner.

After it has been determined that the initial submittal is complete, the filing fee per

Zoning Ordinance requirement is to be paid by the owner or owner’s authorized a gent

(checks should be made payable to “Maricopa County Planning and Development”). A

receipt will then be issued and a case number assigned.

As of September 13, 2013, the Land Use application process shall be subject ARS § 1605, a

State statute that mandates establishment of timeframes to either approve or deny a

“license” as defined by the statute. The full statute may be viewed at:

http://www.azleg.gov/arstitle/

The statute sets up two types of review timeframes: Administrative and Substantive. The

Board of Supervisors (BOS) through the P-30 Licensing Timeframes Ordinance has adopted a

25 day administrative timeframe and a 75 substantive timeframe for Land Use

applications. An application related to a residential use is not subject to the statute. An

application that is part of design build project may establish negotiated time process

during the pre-application meeting.

Administrative Review Period

The statutes allow for multiple reviews during the administrative review period.

Substantive Review Period

Only one review is allowed for the substantive review period. The County can amend the

substantive review comments to address legal requirements not identified on the original

substantive review comments.

The applicant can authorizes a 50% time increase. This authorization can be given at time of

application or at any time during the process.

501 North 44

Street, Suite 200  Phoenix, AZ 85008  (602) 506-3301

www.maricopa.gov/planning

Government Action 10/30/19

MARICOPA COUNTY

PLANNING & DEVELOPMENT

DEPARTMENT

APPLICATION INSTRUCTIONS & CHECKLIST (Continued)

After receipt of an application, the administrative review period begins and staff will

review for administrative completeness. The applicant will receive a formal response from

their assigned planner and may be required to submit additional information. Once

administrative comments have been given to the applicant, the timeframe clock will stop

and will resume upon resubmittal of the application materials. Once the application is

deemed administratively complete, the planner will formally notify the applicant that the

project has entered the substantive review period and technical comments will be given to

the applicant within a reasonable timeframe. The substantive timeframe clock stops from

receipt of comments until the applicant makes a formal resubmittal.

At any time during the process, an applicant can check the status of their application by

viewing the Citizens Access Portal on the Planning and Developments website:

https://accela.maricopa.gov/CitizenAccessMCOSS/

The applicant’s assigned planner can also be utilized as a resource for checking

application status. If at any time comments are given to the applicant, a notation will be

made as to the administrative or substantive timeframe frame remaining which will not

resume until a resubmittal is made. Note: It is very important to return the planner’s

comment memo upon resubmittal so that the appropriate statutory timeframe can resume.

Depending on the comments received, the application materials may need revisions. The

owner or authorized agent must submit revised materials to the OSS. The applicant’s

resubmittal must meet the County’s technical requirement or it will be denied.

Additionally, an administrative decision of denial can be made if the Director finds that it is

not possible to grant the application within the timeframe or the applicant has not provided

additional or supplemental information within 180 days (not working days) of a written or

electronic request for said information.

Once staff is satisfied that technical requirements have been met, staff may approve or

deny the request. At this time, the substantive timeframe clock will stop. After a decision

has been made, a decision letter will be issued.

The conditions of approval of this application may be appealed to the Hearing Officer

pursuant to ARS § 11-832. Provide request for appeal to the Hearing Officer Liaison at this

address within 30 calendar days of the administrative/ministerial approval date to

schedule an administrative hearing.

Note: If an applicant has not made a resubmittal of application materials in either

administrative or substantive review periods after six (6) months, the application will be

closed due to inactivity.

501 North 44

Street, Suite 200  Phoenix, AZ 85008  (602) 506-3301

www.maricopa.gov/planning

Government Action 10/30/19

MARICOPA COUNTY

PLANNING & DEVELOPMENT

DEPARTMENT

INFORMATION REQUIRED FOR SUBMITTAL

1. Application: completed and signed – 2 copies

2. Proof of ownership (recorded deed or unofficial copy) – 1 copy

 If applicable, lease agreement. If the subject property is part of a land

lease, the Lease Agreement should include the terms of the lease, and the

proposed use of the leased land. Additional information may be required

after reviewing the Lease Agreement.

3. Site Plan – 2 copies (11”x17” or 8 1/2” x 14”) of the property, indicating the

following:

a) The site plan must be drawn to a recognizable scale, i.e. 1” = 20’.

b) North arrow and scale (written and graphic scale) shown on plan.

c) All property lines must be clearly shown and dimensions indicated.

d) Location and dimensions of all existing and proposed structures

(including fences, signs and pools) from property lines and distance

between structures.

e) Location and width of dedicated streets, recorded easements, (provide

recording number) and patent easements on or adjacent to property

(include names of streets if applicable).

f) All existing and proposed structures must be shown and dimensioned on

the site plan.

4. Narrative Report – 2 copies describing the proposed use in detail.

5. Photographs – 1 Copy

 Submit photographs of the site, taken on all four corners of the property

and looking inward to the property (minimum of four photographs).

 Please label each photograph with the view, direction and date.

 A site plan or key map may also be used in conjunction with the

photographs with notations showing what direction the photograph faces

and where it is taken.

6. Copy of the Patent Easement Deed (if applicable) which may be acquired at the

Bureau of Land Management, 1 N. Central, Phoenix, (602) 417- 9200 – 1 copy

7. Evidence of Government Action LNC. The burden of proof is on the

owner/owner’s authorized agent to provide adequate verifiable documentation of

the claim involving a Government Action legal non-conforming status. One or

more of the following are acceptable examples:

 An original copy indicating flight data of an aerial photograph showing the

use/activity prior to May 29, 1969, the structure prior to January 1, 2000, or

other effective date of the zoning ordinance that applies.

501 North 44

Street, Suite 200  Phoenix, AZ 85008  (602) 506-3301

www.maricopa.gov/planning

Government Action 10/30/19

MARICOPA COUNTY

PLANNING & DEVELOPMENT

DEPARTMENT

 Previous permit(s) with all necessary information.

 Documentation from the Assessor’s Office, Recorder’s Office, utility company,

or other official entity, and two notarized Affidavits of Non-Conforming Use

(sample attached).

8. Electronic copies of application materials saved as Adobe PDF files – 1 CD or jump

drive. Example Narrative Report should be saved as NARR-RPTS-1.pdf

Application Document

Required Naming Convention for the

Adobe PDF documents

Completed Application

APPL-FORM-1

Official recorded or unofficial deed

DEED-DETL-1

Site Plan

SITE-PLAN-1

Narrative Report

NARR-RPTS-1

Photographs

PHOT-DETL-1

Patent Easement (if applicable)

PEAS-DETL-1

Evidence of Government Action

EVID-DETL-1

9. Fees: There are no fees associated with a Government Action Application

PROCESS FLOW CHART & PROJECTED TIMEFRAME

Approximate timeframe of 1 month

Submittal of application at front counter

(One Stop Shop)

Application to primary reviewing agencies including

Planning and Addressing

Review Comments or Sign-Off

(approximately 2 weeks following resubmittal)

Application

resubmittal –

1 review cycle

Sign-Off received, staff

will issue a decision

letter

501 North 44

Street, Suite 200  Phoenix, AZ 85008 ( 602) 506-3301

www.maricopa.gov/planning

Government Action 2/9/2018

MARICOPA COUNTY

PLANNING & DEVELOPMENT

DEPARTMENT

LEGAL NON-CONFORMING GOVERNMENT ACTION APPLICATION

REQUEST

Title of Project:

Description of Request:

Existing Use of Property:

Existing Zoning District:

Related Case Number:

PROPERTY INFORMATION

Address (if known):

General Location

(Include nearest city/town):

Size in Acres: Square Feet:

Legal Description Section: Township: Range:

Assessor’s Parcel Number:

OWNER’S AUTHORIZED AGENT INFORMATION

Name: Contact:

Address:

City: State: Zip:

Phone #: Fax #:

E-mail Address:

PROPERTY OWNER INFORMATION

Name: Contact:

Address:

City: State: Zip:

Phone #: Fax #:

E-mail Address:

PROPERTY OWNER AND OWNER’S AGENT AUTHORIZATION

I (property owner) authorize (owner’s agent) ____________________________________

file this application on all matters relating to this request with Maricopa County. By signing this form as the property owner I

hereby agree to abide by any and all conditions that may be assigned by the Maricopa County Board of Supervisors,

Maricopa County Planning and Zoning Commission, or Maricopa County Planning and Development Department staff as

applicable, as part of any approval of this request, including conditions, development agreements, and/or any other

requirement that may encumber or otherwise affect the use of my property.

INSPECTIONS

By submitting this application, I am inviting County staff to conduct all site inspections they deem necessary.

PROPOSITION 207 WAIVER

The property owner acknowledges that the approval being sought by this application may cause a reduction in the existing

rights to use, divide, sell or possess the private property that is the subject of this application. The property owner further

acknowledges that it is the property owner who has requested the action sought by the filing of this application. Therefore,

pursuant to A.R.S.§12-1132 through 1138, the property owner does hereby waive any and all claims for diminution in value of

the property with regard to any action taken by Maricopa County as result of the filing of this application.

Property Owner Signature: Date: ____________________________________

VERIFICATION OF APPLICATION INFORMATION

I certify that the statements in this application and support material are true. Any approvals or permits granted by Maricopa

County in reliance upon the truthfulness of these statements may be revoked or rescinded.

Owner or Authorized Agent Signature: Date: _________________________________

ARS § 1605 TIMEFRAME EXTENSION

I authorize a 50% timeframe extension for the review of my application as adopted by the Board of Supervisors per ARS § 1605

and as amended.

Property Owner Signature: Date: _________________________________

501 North 44

Street, Suite 200  Phoenix, AZ 85008  (602) 506-3301

www.maricopa.gov/planning

Government Action 7/31/18

MARICOPA COUNTY

PLANNING & DEVELOPMENT

DEPARTMENT

AFFIDAVIT SAMPLE

Maricopa County

Planning & Development

501 North 44

St., Suite 200

Phoenix, AZ 85008

Reference: 123 Sample Road, Sample City, AZ 85000

Assessor’s Parcel Number: 123-45-678

To Whom It May Concern:

I hereby certify the referenced property’s existing use as a LANDSCAPING BUSINESS was

established prior to May 29, 1969, the effective date of the Maricopa County Zoning

Ordinance. The use has been continued without an interruption that exceeded 12

consecutive months. I have personal knowledge of this property because; I HAVE

LIVED IN THE AREA SINCE 1959 AND PASS BY IT FOUR OR FIVE TIMES A WEEK.

Name: Joe Smith

Signature: Joe Smith

Address: 40 Example Road, Sample City, AZ

Date: May 22, 2003

SUBSCRIBED AND SWORN before me this

, .

________________________________

Notary

Public

My Commission Expires:

501 North 44

Street, Suite 200  Phoenix, AZ 85008  (602) 506-3301

www.maricopa.gov/planning

Government Action 7/31/18

MARICOPA COUNTY

PLANNING & DEVELOPMENT

DEPARTMENT

AFFIDAVIT SAMPLE – BUILDING/STRUCTURES

Maricopa County

Planning & Development

501 North 44

St., Suite 200

Phoenix, AZ 85008

Reference: 123 Sample Road, Sample City, AZ 85000

Assessor’s Parcel Number: 123-45-678

To Whom It May Concern:

I hereby certify the referenced existing building(s)/structure(s) existed on the subject

parcel(s) prior to January 1, 2000. I have personal knowledge of this property because;

I HAVE LIVED IN THE AREA SINCE 2000 AND PASS BY IT FOUR OR FIVE TIMES A WEEK.

Name: Joe Smith

Signature: Joe Smith

Address: 40 Example Road, Sample City, AZ

Date: May 22, 2003

SUBSCRIBED AND SWORN before me this

, .

______________________________

Notary Public

My Commission Expires:

501 North 44

Street, Suite 200  Phoenix, AZ 85008  (602) 506-3301

www.maricopa.gov/planning

Government Action 7/31/18

MARICOPA COUNTY

PLANNING & DEVELOPMENT

DEPARTMENT

EXAMPLE OF A TYPICAL RESIDENTIAL SITE PLAN

SAMPLE ONLY (DRAWING SHOWN IS NOT TO SCALE)

ADDITIONAL DETAILED PLANS MAY BE REQUIRED

501 North 44

Street, Suite 200  Phoenix, AZ 85008  (602) 506-3301

www.maricopa.gov/planning

Government Action 7/31/18

MARICOPA COUNTY

PLANNING & DEVELOPMENT

DEPARTMENT

WHAT TO EXPECT AT THE ONE STOP SHOP

Purpose:

Provide customers with information about what to expect when submitting a

Government Action application. This information sheet includes the application

material checklist, fee schedule,

and a three step process for application

submittal.

Location:

Maricopa County Planning & Development Department

501 N. 44

Street, Suite 200 Phoenix, AZ 85008

Business Hours: 8:00 a.m. – 5:00 p.m. Monday through Friday, except holidays (to ensure adequate

time for

application submittal, projects should be submitted no later than 4:30 p.m.)

STEP 1 - Reception: Proceed to the One Stop Shop Reception desk to obtain a call ticket for the application

submittal. Provide the receptionist your name and specify the type of planning

application.

STEP 2 - Intake Counter: One Stop Shop customer service will call your ticket number and evaluate

the

application materials for completeness. Once the application materials are accepted a tracking

number will be

provided and staff will advise you to proceed to the cashier to process application payment.

The following is a list of

required application materials:

Government Action Application Submittal Documents

2 copies – Land Use Application – completed & signed

1 copy – Recorded deed or unofficial copy is acceptable

2 copies – Site Plan 11” x 17” or 8 1/2” x 14”

2 copies – Narrative

1 copy – Photographs

1 copy – Evidence of government action resulting in a legal non-conforming status

1 copy – Patent Easement Deed (if applicable)

1 CD or jump drive with electronic copies of application materials

NOTE: If any documentation is missing your application may not be

accepted during

the intake process, please be sure to follow this checklist

There are no fees associated with Government Action Application

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