The Cochise County planning director is hereby designated as county zoning inspector, who, together with the duly authorized representatives, shall enforce the provisions of these zoning regulations.
All county officials, departments, agencies, and public employees vested with the duty or authority to issue and observe permits shall assist and cooperate with the county zoning inspector. Permits for uses, buildings, or purposes which would conflict with these zoning regulations shall not be issued, and any such permit so issued in conflict with the zoning regulations shall be null and void.
The county zoning inspector may adopt administrative rules and policies consistent with these zoning regulations that carry into effect the provisions of these zoning regulations.
An application for any building/use permit required by these zoning regulations shall be made by the owner, the lessee, or any other agent of the owner, including the architect, engineer, or builder employed in connection with the proposed work. Applications shall be filed with the county zoning inspector on forms provided for that purpose and shall contain or have attached thereto at least, typically, the following information or documentation:
It shall be the duty of the Cochise County Zoning Inspector to sign and issue building/use permits with the applicable conditions of approval whenever the proposed construction, alteration, repair, use, or improvement conforms with the provisions of these Zoning Regulations; and the proposed use does not conflict with any other Federal, State, or County statutes, codes, or regulations in effect and applicable to the proposed use. A copy of the permit and applicable information shall be transmitted to the Applicant, County Assessor, and any other appropriate department or agency.
If an Applicant fails to provide all of the information required in Section 2.48.050 or fails to satisfy the requirements of Section 2.48.060, the County Zoning Inspector shall withhold approval of the application and shall provide the Applicant with written notice stating the reason for not approving the application. If a building/use permit cannot be issued by the County Zoning Inspector, the application shall be null and void 120-calendar days after the date of the notice.
With each permit issued, the County Zoning Inspector shall provide the permittee with a placard to be displayed in a noticeable and prominent location on the premises where the permit is to be used, which placard shall state the date issued and work authorized by said permit. The placard shall be displayed in a location that is clearly visible from the street throughout the duration of the construction, alteration, repair, improvement, or use for which issued. Failure of the permittee to so display the placard may result in failed inspections, fines, and/or revocation of the said permit by the County Zoning Inspector. In addition to the placard, the permittee must have available on-site a copy of the approved site plan and construction plans, if applicable, for reference by the inspectors.
Prior to occupancy or use pursuant to an issued building/use permit, all conditions of the permit must be satisfied. It is the Applicant’s responsibility to call for the final inspection and to call for septic system inspections prior to the construction of the system. It is a violation to use/operate prior to passing the final inspection.
Revisions to a building/use permit that do not substantially alter it may be applied for at any time prior to the completion of the construction, alteration, repair, or improvement for which the building/use permit was sought. Such revisions, after approval, shall be filed with and deemed a part of the original application. Substantial modification of the on-site wastewater/ septic system, such as the relocation of the leach fields, shall require a new permit application. The County Zoning Inspector shall act upon such revisions in the same manner as the original application.
Examples of substantial changes which require a new permit application include but are not limited to changes in use, a major addition to the site, or a major reconfiguration of the site.
The issuance of a building/use permit shall not be deemed or construed to be a permit for, or approval of, any use, construction, alteration, repair, or improvement which would be in violation of these Zoning Regulations or any other provision of law. No building/use permit presuming to give authority to violate or cancel any provision of these Zoning Regulations or any other provision of law shall be issued, and if issued, shall not be valid, except insofar as the use, construction, alteration, repair, or improvement which it authorizes is lawful.
A building permit shall be required for the establishment of any individual manufactured home or rehabilitated mobile home on a site, except for unoccupied manufactured or rehabilitated mobile homes used for display purposes on a manufactured/mobile home sales lot. Occupancy of a manufactured or rehabilitated mobile home shall not occur until the completion of the final inspection. If the individual manufactured or rehabilitated mobile home is proposed for occupancy, the permit shall include associated installation fees. Permits for such installations shall be valid for a period of 6 months after issuance. If, after this time, the manufactured home or rehabilitated mobile home has not received a favorable, final installation inspection from the County Zoning Inspector, the permit will be null and void. One extension for an additional 6-month period may be granted upon review and approval by the County Zoning Inspector if the Applicant applies for such an extension in writing prior to permit expiration. All extension requests must be in writing and include the parcel number, reason for the request, completion schedule, and applicable extension fee. After one year from the date of initial permit issuance, the permit will be closed. Any work done after that time will require a new permit with all associated fees and requirements. Permit applications for individually manufactured or rehabilitated homes in a manufactured/ mobile home park do not require the submission of a site plan.
Manufactured or mobile homes proposed for accessory storage purposes only and not for use as a dwelling unit shall only be permitted in RU Zoning Districts on a minimum site of four acres and shall not require associated installation fees and inspections as described above, provided that they are intended to be used for accessory storage purposes only, and they comply with Article 2.15 and all applicable standards for accessory structures.
No new building permits will be issued for the installation of a “mobile home” unless rehabilitated as defined in Article 2.03, “mobile home, rehabilitated.” This restriction on the installation of “mobile homes” does not prohibit the continued lawful use and reasonable repair of a “mobile home” provided that the standards under these Zoning Regulations for the continuation of a nonconforming use are met, see Article 2.57.
The County Zoning Inspector may revoke any building/use permit issued, including Home Occupation approval, where there has been any false statement or substantial misrepresentation of material fact in the application on which the issuance of the building/use permit or Home Occupation was based.
(1) Additional evidence or testimony is necessary for a proper decision; or
(2) New information has been submitted that was not reasonably available at the time of the Planning Commission hearing.
The factual and legal basis for the decision shall be specifically stated by the Board. The Clerk shall record the basis for the decision and shall provide a copy to the appellant, Special Use Authorization Applicant, and to the Planning Commission.
d. If the Special Use Authorization request is approved, the County Zoning Inspector shall issue the permit, subject to all applicable conditions; provided, however, that if the Applicant does not accept in writing the conditions within 30-calendar days of approval, the permit shall be deemed null and void.
e. In the case of an appeal of a charter school, decisions on the appeal shall be made in the time period specified in Arizona Revised Statutes.
5. Modifications of a Special Use Authorization Approval.
a. The property owner or Applicant to whom the Special Use Authorization approval was granted may request a modification of the approval in writing to the County Zoning Inspector along with the appropriate fee.
b. If the change is insubstantial and within the general purview of the original notice and approval, the County Zoning Inspector may grant the modification.
c. If the requested change is substantial and is not within the general purview of the original notice or approval, then the matter shall be decided at a public hearing before the Planning Commission, and notice given in like manner as the original Special Use Authorization request.
A Residential Care Home or Institution that is primarily intended to provide special care to juveniles who are or have been subject to juvenile court proceedings will be permitted under the following conditions:
The following regulations shall govern the operation of certain transitory or seasonal uses:
The Cochise County planning director is hereby designated as county zoning inspector, who, together with the duly authorized representatives, shall enforce the provisions of these zoning regulations.
All county officials, departments, agencies, and public employees vested with the duty or authority to issue and observe permits shall assist and cooperate with the county zoning inspector. Permits for uses, buildings, or purposes which would conflict with these zoning regulations shall not be issued, and any such permit so issued in conflict with the zoning regulations shall be null and void.
The county zoning inspector may adopt administrative rules and policies consistent with these zoning regulations that carry into effect the provisions of these zoning regulations.
An application for any building/use permit required by these zoning regulations shall be made by the owner, the lessee, or any other agent of the owner, including the architect, engineer, or builder employed in connection with the proposed work. Applications shall be filed with the county zoning inspector on forms provided for that purpose and shall contain or have attached thereto at least, typically, the following information or documentation:
It shall be the duty of the Cochise County Zoning Inspector to sign and issue building/use permits with the applicable conditions of approval whenever the proposed construction, alteration, repair, use, or improvement conforms with the provisions of these Zoning Regulations; and the proposed use does not conflict with any other Federal, State, or County statutes, codes, or regulations in effect and applicable to the proposed use. A copy of the permit and applicable information shall be transmitted to the Applicant, County Assessor, and any other appropriate department or agency.
If an Applicant fails to provide all of the information required in Section 2.48.050 or fails to satisfy the requirements of Section 2.48.060, the County Zoning Inspector shall withhold approval of the application and shall provide the Applicant with written notice stating the reason for not approving the application. If a building/use permit cannot be issued by the County Zoning Inspector, the application shall be null and void 120-calendar days after the date of the notice.
With each permit issued, the County Zoning Inspector shall provide the permittee with a placard to be displayed in a noticeable and prominent location on the premises where the permit is to be used, which placard shall state the date issued and work authorized by said permit. The placard shall be displayed in a location that is clearly visible from the street throughout the duration of the construction, alteration, repair, improvement, or use for which issued. Failure of the permittee to so display the placard may result in failed inspections, fines, and/or revocation of the said permit by the County Zoning Inspector. In addition to the placard, the permittee must have available on-site a copy of the approved site plan and construction plans, if applicable, for reference by the inspectors.
Prior to occupancy or use pursuant to an issued building/use permit, all conditions of the permit must be satisfied. It is the Applicant’s responsibility to call for the final inspection and to call for septic system inspections prior to the construction of the system. It is a violation to use/operate prior to passing the final inspection.
Revisions to a building/use permit that do not substantially alter it may be applied for at any time prior to the completion of the construction, alteration, repair, or improvement for which the building/use permit was sought. Such revisions, after approval, shall be filed with and deemed a part of the original application. Substantial modification of the on-site wastewater/ septic system, such as the relocation of the leach fields, shall require a new permit application. The County Zoning Inspector shall act upon such revisions in the same manner as the original application.
Examples of substantial changes which require a new permit application include but are not limited to changes in use, a major addition to the site, or a major reconfiguration of the site.
The issuance of a building/use permit shall not be deemed or construed to be a permit for, or approval of, any use, construction, alteration, repair, or improvement which would be in violation of these Zoning Regulations or any other provision of law. No building/use permit presuming to give authority to violate or cancel any provision of these Zoning Regulations or any other provision of law shall be issued, and if issued, shall not be valid, except insofar as the use, construction, alteration, repair, or improvement which it authorizes is lawful.
A building permit shall be required for the establishment of any individual manufactured home or rehabilitated mobile home on a site, except for unoccupied manufactured or rehabilitated mobile homes used for display purposes on a manufactured/mobile home sales lot. Occupancy of a manufactured or rehabilitated mobile home shall not occur until the completion of the final inspection. If the individual manufactured or rehabilitated mobile home is proposed for occupancy, the permit shall include associated installation fees. Permits for such installations shall be valid for a period of 6 months after issuance. If, after this time, the manufactured home or rehabilitated mobile home has not received a favorable, final installation inspection from the County Zoning Inspector, the permit will be null and void. One extension for an additional 6-month period may be granted upon review and approval by the County Zoning Inspector if the Applicant applies for such an extension in writing prior to permit expiration. All extension requests must be in writing and include the parcel number, reason for the request, completion schedule, and applicable extension fee. After one year from the date of initial permit issuance, the permit will be closed. Any work done after that time will require a new permit with all associated fees and requirements. Permit applications for individually manufactured or rehabilitated homes in a manufactured/ mobile home park do not require the submission of a site plan.
Manufactured or mobile homes proposed for accessory storage purposes only and not for use as a dwelling unit shall only be permitted in RU Zoning Districts on a minimum site of four acres and shall not require associated installation fees and inspections as described above, provided that they are intended to be used for accessory storage purposes only, and they comply with Article 2.15 and all applicable standards for accessory structures.
No new building permits will be issued for the installation of a “mobile home” unless rehabilitated as defined in Article 2.03, “mobile home, rehabilitated.” This restriction on the installation of “mobile homes” does not prohibit the continued lawful use and reasonable repair of a “mobile home” provided that the standards under these Zoning Regulations for the continuation of a nonconforming use are met, see Article 2.57.
The County Zoning Inspector may revoke any building/use permit issued, including Home Occupation approval, where there has been any false statement or substantial misrepresentation of material fact in the application on which the issuance of the building/use permit or Home Occupation was based.
(1) Additional evidence or testimony is necessary for a proper decision; or
(2) New information has been submitted that was not reasonably available at the time of the Planning Commission hearing.
The factual and legal basis for the decision shall be specifically stated by the Board. The Clerk shall record the basis for the decision and shall provide a copy to the appellant, Special Use Authorization Applicant, and to the Planning Commission.
d. If the Special Use Authorization request is approved, the County Zoning Inspector shall issue the permit, subject to all applicable conditions; provided, however, that if the Applicant does not accept in writing the conditions within 30-calendar days of approval, the permit shall be deemed null and void.
e. In the case of an appeal of a charter school, decisions on the appeal shall be made in the time period specified in Arizona Revised Statutes.
5. Modifications of a Special Use Authorization Approval.
a. The property owner or Applicant to whom the Special Use Authorization approval was granted may request a modification of the approval in writing to the County Zoning Inspector along with the appropriate fee.
b. If the change is insubstantial and within the general purview of the original notice and approval, the County Zoning Inspector may grant the modification.
c. If the requested change is substantial and is not within the general purview of the original notice or approval, then the matter shall be decided at a public hearing before the Planning Commission, and notice given in like manner as the original Special Use Authorization request.
A Residential Care Home or Institution that is primarily intended to provide special care to juveniles who are or have been subject to juvenile court proceedings will be permitted under the following conditions:
The following regulations shall govern the operation of certain transitory or seasonal uses: