Frequently Asked Questions - Codes, Covenants and Regulations
Please note that by their very nature, most of these FAQs are brief, or carry a shortened version of the actual code section that covers any specific question. You are encouraged to read the actual section available on-line in the Code Compliance, Ordinances & Backflow Prevention page to obtain the full code.
1. Our neighborhood does not allow parking on the street can they do that?
Yes they can, when you moved into a neighborhood with Codes, Covenants and Regulations (CC&R) you agreed to comply with the regulations as adopted, it is a civil contract and binding on the participants. Violation of CC&R's can be penalized and fined as set out in the legal section of the regulations.
2. We have private streets and do not allow parking why doesn't the Town enforce the codes on not parking?
CC&R's are civil in nature and as such are not enforced by the Town; even in an area with public streets the Town will not enforce the parking restrictions from the Codes and Covenants. However, the Town does enforce town and state parking regulations like no parking or fire lanes or even no parking areas as established in the case of a bike lane or other parking restrictions.
3. The neighborhood regulations do not allow any kind of business to be run out of the homes, the neighbor is a plumber with a commercial truck what can be done about that?
The Land Development Code (LDC) allows home based businesses to operate within residential zoning districts as long as they adhere to the requirements of the code. Since the neighborhood regulations (CC&R's) prohibit this use, it would be up to the HOA to enforce the requirement.
See the Land Development Code section 4.203, W
With regards to the 'commercial truck’, the LDC regulates this use as well. The code defines a Commercial Vehicle as 'Any vehicle licensed as a commercial vehicle'. In other words, a vehicle may appear to be a commercial vehicle in that it carries ladders, parts or equipment, or may have a company name or logo painted on it, but it would not be considered a Commercial Vehicle unless it was licensed as such.
Please see the above section for a fuller explanation of permitted parking on residential property
4. The neighborhood codes do not allow basketball hoops, which seems silly do I really have to comply?
That again is a civil matter, as the Town does not regulate recreation equipment like basketball hoops or swing sets. If your Homeowners regulations prohibit them it would be like any other regulations, you agreed to them so you have to follow the rules.
5. I live in an HOA, why should a Code Inspector come to my house.
Regardless of what your HOA rules and regulations state, the Town of Gilbert Codes has overriding authority. If there is something which is allowed by your HOA but is not allowed by Town codes, the Town codes prevail. A Code Inspector will not act as an agent for your HOA and if they come to your house, it will be because a Town code has been broken.