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PLANNING & DEVELOPMENT DEPARTMENT LEGAL NON-CONFORMING SUBMITTAL FORMS (Maricopa County Telecommunications)

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501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Legal Non-Conforming Packet 10/30/19
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
LEGAL NON-CONFORMING
SUBMITTAL FORMS INDEX
APPLICATION INSTRUCTIONS & CHECKLIST
INFORMATION REQUIRED FOR SUBMITTAL
PROCESS & TIMEFRAME
LAND USE APPLICATION
LEGAL NON-CONFORMING USE AFFIDAVIT (SAMPLE)
LEGAL NON-CONFORMING BUILDINGS/STRUCTURES (SAMPLE)
TYPICAL RESIDENTIAL SITE PLAN (SAMPLE)
TYPICAL COMMERCIAL 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
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Legal Non-Conforming Packet 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
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Legal Non-Conforming Packet 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
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 LNC. The burden of proof is on the owner/owner’s authorized agent
to provide adequate verifiable documentation of the claim involving a 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.
Previous permit(s) with all necessary information.
501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Legal Non-Conforming Packet 10/30/19
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
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 Legal Non-Conforming
EVID-DETL-1
9. Fees:
Zoning Clearance (Residential – $100 or Commercial/Industrial – $250)
Addressing Review Fee of $10 to verify an existing address or $50 to assign an
address (This fee is a separate fee but can be combined with the zoning
clearance fee).
Change to an application for a license in progress – $50
For an application to be added to an application for a license in
progress – $50
To re-initiate application for a license administratively denied due to time
(within 180 days) – $50
Appeal of administrative denial of a license due to time
(within 30 days) – $150
501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Legal Non-Conforming Packet 10/30/19
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
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
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Legal Non-Conforming Application 7/31/18
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
LEGAL NON-CONFORMING 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) ____________________________________
to
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: ________________________________
ALL FEES ARE DUE AT TIME OF APPLICATION AND ARE NON-REFUNDABLE
501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Legal Non-Conforming Packet 10/30/19
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
AFFIDAVIT SAMPLE
Maricopa County
Planning & Development
501 North 44
th
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
of
, .
________________________________
Notary
Public
My Commission Expires:
501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Legal Non-Conforming Packet 10/30/19
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
AFFIDAVIT SAMPLE – BUILDING/STRUCTURES
Maricopa County
Planning & Development
501 North 44
th
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
of
, .
______________________________
Notary Public
My Commission Expires:
501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Legal Non-Conforming Packet 10/30/19
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
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Legal Non-Conforming Packet 10/30/19
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
EXAMPLE OF A TYPICAL COMMERCIAL SITE PLAN
VERIFY ALL REQUIREMENTS FROM THE FOLLOWING MARICOPA COUNTY AGENCIES PRIOR TO
DRAWING SITE PLAN:
PLANNING AND DEVELOPMENT
ENVIRONMENTAL SERVICES
DRAINAGE REVIEW
DEPARTMENT OF TRANSPORTATION
SAMPLE ONLY (DRAWING SHOWN IS NOT TO SCALE)
ADDITIONAL DETAILED PLANS MAY BE REQUIRED
501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Legal Non-Conforming Packet 10/30/19
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 legal
non-conforming
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
th
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:
Legal Non-Conforming Application Submittal Documents
NOTE: If any documentation is missing your application may not be
accepted during
the intake process, please be sure to follow this checklist
STEP 3 - Cashier - Processing Payment: The cashier will call your ticket number, request your
application
tracking number, advise you of the total application fees and request your method of payment.
Maricopa County
accepts cash, check, or credit card. Please make checks payable to: MARICOPA
COUNTY. Please note that proper payment in full, based upon the following fee schedule, is
required at
the time of application:
Legal Non-Conforming Application
Fee Schedule
Zoning Clearance
Residential $100
Commercial/Industrial $250
Addressing
$10 verify existing address or
$50 assign address
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PLANNING & DEVELOPMENT DEPARTMENT LEGAL NON-CONFORMING SUBMITTAL FORMS (Maricopa County Telecommunications)

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Completed 6 August 2020

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