Tempe's Building Setbacks & Zoning: The Rules That Matter
Every city handles building setbacks & zoning a little differently. In Tempe, Arizona, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.
Structure Height Limits
Tempe caps single-family and agricultural building height at 30 feet across the AG, R1-15, R1-10, R1-8, R1-7, R1-6 and R1-5 districts, rising to 35 feet in R1-4, under Table 4-202A of Section 4-202. A use permit can add another 10% on top of the table figure, and Section 4-205(A) lists specific exceptions to the flat cap.
Key details: Standard height cap: 30 feet (AG through R1-5). R1-4 district cap: 35 feet. R1-PAD: No fixed standard (NS). Use permit increase: Up to 10% more. ADU height rule: Matches main house's district limit.
Constructing a single-family residence, addition or accessory structure above the height limit in Table 4-202A without an approved use permit violates Section 1-201 of the Zoning and Development Code. The city can pursue a civil citation carrying a $100 to $1,000 sanction per day the structure remains out of compliance, or a class 1 misdemeanor charge with up to a $2,500 fine and six months in jail, and can require the excess height removed.
Setback Rules
Tempe's Table 4-202A sets minimum front, side and rear yard setbacks for every agricultural and single-family district. Front building setbacks run from 40 feet in the AG district down to 15 feet in R1-PAD, side setbacks shrink from 20 feet to as little as 5 feet, and rear setbacks range from 35 feet to 15 feet, with a use permit able to reduce any of them by 20%.
Key details: Front setback range: 40 ft (AG) to 15 ft (R1-PAD). Side setback range: 20 ft (AG) to 5 ft (R1-PAD). Rear setback range: 35 ft (AG) to 15 ft (R1-PAD). Alley-adjacent lots: Measured from alley midpoint. Use permit reduction: Up to 20% less.
Constructing a building, addition, wall, fence, or open structure that encroaches into a required front, side or rear setback without an approved use permit or listed exception violates Section 1-201 of the Zoning and Development Code. Tempe can issue a civil citation carrying a $100 to $1,000 sanction per day the encroachment remains, or prosecute the violation as a class 1 misdemeanor punishable by up to a $2,500 fine and six months in jail.
Lot Coverage Limits
Tempe caps lot coverage at 25% of net site area in the AG district and 45% in R1-15, R1-10, R1-8, R1-7 and R1-6, under Table 4-202A of the Zoning and Development Code. R1-5, R1-4 and R1-PAD carry no standard (NS), so lot area and setbacks do the shaping there. A 10% Use Permit Standard column offers limited relief.
Key details: AG district maximum: 25% of net site area (Table 4-202A). R1-15 through R1-6 maximum: 45% of net site area in each district. R1-5, R1-4, R1-PAD: NS (No Standard) for lot coverage. Use Permit Standard: 10% change, through Section 6-308 use permit. Multi-family maximums: 45% R-2 and R-3R, 50% R-3, 60% R-4, 70% R-5.
A project that covers more of its net site area than the Maximum Lot Coverage row allows does not conform to Table 4-202A, so the building and site plan cannot be approved as drawn. The only relief written into these tables is the 10% Use Permit Standard under Section 6-308, and districts marked (d) or (c) in setback rows exclude it. The text read for this page prints no fine schedule for exceeding the percentage.
The Bottom Line
Tempe's building setbacks & zoning rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Tempe is broadly strict or permissive.
Keep in mind that Tempe can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, which shows when its source was last checked.