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Cochise County Unincorporated
City Zoning Code

2.48 ADMINISTRATION

2.48.010 COUNTY ZONING INSPECTOR

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.

2.48.020 COUNTY COLLABORATION AND PERMIT COMPLIANCE WITH 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.

2.48.030 ADMINISTRATIVE RULES AND POLICIES BY COUNTY ZONING INSPECTOR

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.

2.48.040 BUILDING/USE PERMIT REQUIREMENTS

  1. It shall be unlawful to erect, construct, reconstruct, alter, or use any structure or building without first obtaining a building/use permit from the county zoning inspector, except for any work exempt from permit by the county’s adopted building codes. Exemption from permit requirements of those codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
    For non-residential uses, a permit is required regardless of the dollar value of the improvement when there are applicable building code requirements.
    For the purpose of determining the value of any such repair, alterations, or improvements, the normal retail value of materials and labor performed shall be used. Even though no permit is required for repairs or improvements having a certain value or listed below, such repairs, improvements, or alterations shall comply with all other provisions of these zoning regulation.
    Re-establishment of a discontinued non-residential use shall not require a permit for the same use, provided that the discontinued use was established through the permitting process at the time of establishment and that no new construction is proposed.
  2. It is unlawful to erect, construct, reconstruct, maintain, use, or change the use of any land in any zoning district in violation of any regulation or any provision of this or any ordinance pertaining thereto, and any such violation constitutes a public nuisance.
  3. A developer shall not circumvent the permit requirements of this article by making improvements, repairs, or alterations which constitute a complete unit through piecemeal or phased construction with the intent to avoid these permit requirements.
  4. Uses determined to be otherwise exempt from permitting but require review by the health or highway and floodplain department shall be required to file for an informational permit pursuant to this article. This includes the following:
    1. Wood, concrete block, or wire fences if any of the following applies:
      1. Greater than 7 feet in height.
      2. Located on a corner lot and greater than 3 feet in height.
      3. Located within a designated FEMA flood hazard area; and/or
      4. Located within a designated wash.
    2. New family cemeteries.
  5. Uses determined to be exempt under Article 2.57, which requires review pursuant to Arizona revised statutes. Uses proposed on state lands shall require a permit unless determined to be exempt per Article 2.57.
HISTORY
Amended by Ord. 12-10 (R-12-02) on 8/20/2012
Amended by Ord. 14-01 (R-14-01) on 1/7/2014
Amended by Ord. 14-04 (R-14-06) on 5/6/2014
Amended by Ord. 16-02 (R-16-01) on 7/26/2016
Amended by Ord. 20-02 (R-19-06) on 4/24/2020
Amended by Ord. 21-12 (R-21-04) on 8/26/2021

2.48.050 APPLICATION FOR BUILDING/USE PERMIT

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:

  1. Name, address, and telephone number of the property owner and/or applicant.
  2. Signature of the property owner or applicant.
  3. The legal description, parcel number, and location of the site.
  4. The applicable building/use permit fee.
  5. Description of all existing and proposed uses on the site.
  6. Description of provisions planned for treatment and disposal of sewage and provision for water supply to the site, including on-site septic sewage treatment disposal systems forms and design prepared by a certified soil evaluation/site investigator if applicable.
  7. Minimum of one site plan of the layout of the proposed development, drawn to scale or fully dimensioned, showing the following, if applicable:
    1. North arrow and scale.
    2. Site boundaries and dimensions.
    3. Known names of adjoining streets.
    4. The location and exterior dimensions of all existing and proposed buildings, structures, and uses, including side-elevation drawings showing the height of structures if necessary.
    5. Location and width of all existing and proposed vehicular driveways and/or access points to the parcel from adjoining streets and alleys.
    6. Location of the septic tank, leach field, and area for 100-percent expansion and distances to all structures, wells, washes, and property lines and any additional setbacks in the Arizona administrative code.
    7. Location, depth, and width of all drainage ways within 300 feet of proposed improvements.
    8. Location, height, and materials of walls, fences, and screens.
    9. Off-site improvements, such as culverts, driveways, and utility installations; and
    10. Any other information deemed necessary by the county zoning inspector to make a determination of conformance with these zoning regulations and as required by the Cochise County health department as referenced in the Arizona administrative code.
  8. If the application is for non-residential use or multiple-household use, a site plan shall be submitted, and the following additional applicable information shall also be contained:
    1. Location and improved surface type of off-street parking and loading areas, including dimensions, number, and arrangement of spaces and driveways.
    2. Location, width, and alignment of all abutting streets and alleys, showing location and type of surface, curbs, gutters, sidewalks, right-of-way boundaries, and distances of driveways from intersections.
    3. Location, height, shielding, and type of outdoor lighting.
    4. Location, height, surface area, and type of signs.
    5. Location and type of existing and proposed drainage, utility, and sanitary sewage facilities.
    6. A landscaping plan, when landscaping is required, showing the location and kinds of landscaping.
    7. Location and type of enclosure of outdoor storage, display, or other activity areas.
    8. Drainage and grading plan and location of any drainage easements.
    9. Street dedication, location, and type of proposed pavement, curbs, and gutters, when required by these zoning regulations.
    10. Provisions for solid waste disposal facilities; and
    11. Water conservation measures if the developed portion of the site is one-acre or larger.
    12. Sight triangle per the requirements of Article 2.51.
    13. Any other information deemed necessary by the county zoning inspector to make a determination of conformance with these zoning regulations.
HISTORY
Amended by Ord. 16-02 (R-16-01) on 7/26/2016
Amended by Ord. 21-12 (R-21-04) on 8/26/2021

2.48.060 BASIS FOR APPROVAL

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.

2.48.070 WITHHOLDING BUILDING/USE PERMITS

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.

HISTORY
Amended by Ord. 16-02 (R-16-01) on 7/26/2016

2.48.080 DISPLAY OF BUILDING/USE PERMIT AND PLANS

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.

2.48.090 FINAL INSPECTION REQUIREMENTS

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.

HISTORY
Amended by Ord. 17-01 (R-17-01) on 3/28/2017
Amended by Ord. 21-12 (R-21-04) on 8/26/2021

2.48.100 REVISIONS TO BUILDING PERMITS

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.

2.48.110 VALIDITY OF BUILDING/USE PERMITS

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.

2.48.120 PERMITS -- MANUFACTURED HOMES AND REHABILITATED MOBILE HOMES

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.

HISTORY
Amended by Ord. 16-02 (R-16-01) on 7/26/2016

2.48.130 MISREPRESENTATION AND REVOCATIONS

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.

2.48.140 BUILDING/USE PERMIT FEE

  1. Fees. Each building/use permit application shall be accompanied by payment to the “Cochise County Treasurer” of fees in accordance with the adopted Planning and Zoning Fee Schedule. All applications for fee waivers must be approved by the Board of Supervisors.
  2. Combined Permit Fees. Applications qualifying for the Rural Residential Owner-Builder Amendment may apply for a single-family dwelling permit that includes up to one (1) residential accessory structure. The combined permit fee shall equal the cost of the single-family dwelling permit.
  3. Building/Use Permit Fee Surcharge. Wherever substantial construction on a site requiring a building/use permit has begun prior to issuance of an approved building/use permit or mobile/manufactured home placed on a property prior to issuance of an approved permit, the Applicant shall be subject to a surcharge added to the applicable fee; thereby increasing the total building/use permit as set forth in the adopted Planning and Zoning Fee Schedule.
HISTORY
Amended by Ord. 16-02 (R-16-01) on 7/26/2016
Amended by Ord. 21-12 (R-21-04) on 8/26/2021

2.48.150 LOT DEVELOPMENT ADMINISTRATIVE MODIFICATIONS

  1. Purpose.
    1. To allow flexibility in how some of the site development standards are applied to individual lots but not to larger developments such as subdivisions.
    2. To provide flexibility in site development that may be appropriate to facilitate improvements in Neighborhood Rehabilitation (NR) and redevelopment (ER) Enterprise Redevelopment areas.
    3. To minimize procedural delays and ensure due process in the review of unique and exceptional development situations.
    4. To provide administrative relief from zoning requirements that do not affect adjacent properties and the nearby area.
    5. To encourage originality, flexibility, and innovation in site planning and architectural design.
    6. To address any site-specific characteristics or constraints that may warrant the modification(s).
  2. Eligible Lot Development Standards.
    1. The following site development standards may be eligible for a modification of up to 25 percent: minimum setbacks, maximum site coverage, maximum building/structure height, and minimum required parking spaces.
    2. The minimum site area may be reduced as follows:
      1. For any lots that are in a Zoning District with a minimum site area of one acre or smaller, the minimum site area may be reduced up to 10 percent.
      2. For any lots that are in a Zoning District with a minimum site area of more than one acre, the site area may be reduced up to 4 percent.
  3. Application.
    1. All applications shall be made on forms supplied by the County Zoning Inspector and shall include an accurate site plan as described in Section 2.48.050. In addition, details and reasons need to be provided as to the proposed modification(s).
    2. The County Zoning Inspector shall review the application for compliance and completeness. If there are deficiencies, the County Zoning Inspector shall notify the Applicant.
  4. Notice to Affected Property Owners. The County Zoning Inspector shall mail a notice to the surrounding property owners within 300 feet of the subject parcel. The notice shall contain a copy of the application and shall state that all comments concerning the proposed request must be forwarded to the Community Development Department in writing within 15-calendar days from the date the notice was mailed.
  5. Action on Application.
    1. Based on staff comments and those from the affected property owners, The County Zoning Inspector shall review the proposed development and requested modification(s) of the standard(s) and shall either approve, approve subject to conditions, or deny the application within 7-working days from the end of the 15-calendar day comment period.
    2. The County Zoning Inspector shall use the following criteria to evaluate the proposal:
      1. The proposed modification will not violate any provisions of the Comprehensive Plan, area plans, duly adopted master plans, or other provisions of these Zoning Regulations proposed modification(s) will be considered in light of the surrounding community.
      2. The proposed modification(s) will not substantially reduce the amount of privacy currently enjoyed by nearby property owners if the development were located as specified by these Zoning Regulations.
      3. The proposed modification(s) will not adversely impact traffic or traffic circulation, drainage, water conservation measures, sewage treatment systems, and other such systems.
      4. The modification(s) does not create a situation where the proposed use of the property will create a hazard or nuisance.
      The County Zoning Inspector shall, via certified mail, provide the Applicant with a notice of disposition and written statement of the decision and reasons, therefore, and any conditions of approval. Notice shall also be sent to the surrounding property owners within 300 feet of the site and shall include information on how to appeal the decision made by the County Zoning Inspector and the appeal deadline (see Article 2.60).
  6. Appeals. The decision of the County Zoning Inspector may be appealed to the Board of Adjustment in accordance with the provisions of Article 2.60.
  7. Fees. Applications for a Lot Development Administrative Modification shall be accompanied by the fee specified in the Planning and Zoning Fee Schedule.
HISTORY
Amended by Ord. 12-02 (R-11-06) on 2/14/2012
Amended by Ord. 14-10 (R-14-08) on 12/2/2014
Amended by Ord. 16-02 (R-16-01) on 7/26/2016

2.48.160 SPECIAL USE AUTHORIZATIONS

  1. Purpose. To give these Zoning Regulations the flexibility necessary to achieve the objectives of each Zoning District, Special Use Authorization approval may be granted for certain types of uses. Applications proposing more than two Special Use Authorizations on one or more parcels, unless considered to be closely related components of a single type of use, may be required, instead, by the County Zoning Inspector to apply for a Rezoning to an appropriate Zoning District.
    Because of their unique characteristics and oftentimes high potential to adversely impact surrounding properties, Special Use Authorizations may be permitted within the Zoning District only when they can demonstrate that potentially negative off-site impacts have been mitigated.
  2. Factors for or Against a Proposed Special Use Authorization. The Planning Commission and the Board of Supervisors, if the Special Use Authorization request is appealed, shall consider the factors listed below in deciding whether to approve a Special Use Authorization request. Compliance or non-compliance with applicable Special Use Authorization factors serves as the basis for analyzing the Special Use Authorization request and determining factors in favor or factors against the Special Use Authorization request. The Special Use Authorization request factors represent policy decisions by the Planning Commission and the Board, reducing uncertainty concerning their probable response to a given request. No set of factors, however, can totally determine the acceptability of all land use proposals. A property owner who adequately demonstrates compliance with the intent of Comprehensive Plan goals and policies may receive approval despite non-compliance with any individual factor. Conversely, a determination that unusual circumstances exist or there is significant public protest pertaining to a Special Use Authorization request may result in a denial. Most Special Use Authorizations have both factors in favor and factors against. In a specific Special Use Authorization request, an individual factor may weigh more heavily than other factors. All factors will be analyzed and balanced against other factors when making a recommendation.
    Compliance with applicable factors below constitutes factors in favor of the Special Use Authorization request:
    1. Compliance with Duly Adopted Plans. The Special Use Authorization request is consistent with the intent, goals, policies, and/or land use designations of the County Comprehensive Plan, Master Development Plans, area plans, transportation plans, or other land use plans, if any have been adopted for the area encompassing the Special Use Authorization request.
    2. Compliance with the Zoning District Purpose Section. The proposed Special Use Authorization request shall comply with one or more of the purposes stated in the “Purpose” section of the applicable Zoning District and is compatible with existing development.
    3. Development Along Major Streets. The development limits the number of access points on major thoroughfares or arterial streets, and County collectors through the use of frontage roads, shared access, no access easements, or other safe methods designed to minimize road cuts that create unsafe traffic conflicts, hazardous traffic congestion and obstruct the functioning of arterials.
    4. Traffic Circulation Factors.
      1. The Special Use Authorization request is consistent with the preservation of the functions of surrounding streets as defined in the County Comprehensive Plan.
      2. The Special Use Authorization request does not result in the use of any residential street for non-residential traffic.
      3. Consideration of future circulation needs in the surrounding area has been considered through right-of-way dedication and off-site improvements if warranted.
    5. Adequate Services and Infrastructure. The following factors are used to determine if there are adequate services and infrastructure to serve the Special Use Authorization request:
      1. The Applicant has provided adequate information to evaluate the impacts on roads, other infrastructure, and public facilities. The Applicant must demonstrate that there are adequate provisions to address the impacts identified; the Applicant shall provide data supporting the estimated traffic volume as part of the application.
      2. If the site accesses a road where existing demonstrable traffic problems created by incremental development have already been identified, such as a high number of accidents, substandard road design or surface, or the road is near or over capacity. If so, the Applicant has proposed a method to address these problems.
      3. The proposed development meets or will meet the applicable requirements for street, sewer, or water improvements.
      4. The site has access to streets that are adequately designed and constructed to handle the volume and nature of traffic typically generated by the use.
    6. Significant Site Development Standards. The Special Use Authorization request adequately addresses the significant applicable site development standards, including development in or near a floodplain. The Applicant has requested and adequately justified, in writing, any requests for modifications or waivers from site development standards.
    7. Public Input. If there is major public opposition to a proposed Special Use Authorization request, this may indicate that the technical evaluation regarding the compatibility of the use does not concur with the view of local residents, and a recommendation of denial may be appropriate. If public concerns have been raised, it is fair to ask if the Applicant has made a reasonable effort to address these concerns through the Citizen Review Process. If there is major public support for a proposed use, this may be a factor in favor of the request.
    8. Hazardous Materials. Impacts from Special Use Authorization requests that may involve hazardous materials have been adequately mitigated.
    9. Off-site Impacts. Adequate measures have been taken to mitigate off-site impacts such as dust, smoke, noise, odors, lights, or stormwater run-off.
    10. Water Conservation. The Special Use Authorization request shall incorporate water-saving measures that meet or exceed all Cochise County requirements included in the Comprehensive Plan, Strategic Plan, adopted area plan, Building Code, or Zoning Requirements. For each request, the applicant shall identify the source of the water being used, an estimate of water quantity required for the proposed use, water-use minimization measures to be implemented, water-recycling measures to be implemented, and any measures used to enhance onsite recharge.
  3. Procedures for Issuance of a Special Use Authorization.
    1. The Applicant for a Special Use Authorization request shall participate in an informal pre-application meeting with staff to provide a general overview of the proposed project and obtain information as to the issues that will need to be addressed in the formal application and discuss the proposed process for citizen notification.
    2. Prior to submitting the formal application to the Community Development Department, the Applicant shall notify property owners, homeowners, and community associations in accordance with the Citizen Review Process specified in Article 2.63.
    3. The Applicant for a Special Use Authorization request shall file an application for a Special Use Authorization on a form provided by the County Zoning Inspector, a Citizen Review Report in accordance with Article 2.63, the required fee as provided for in the adopted Planning and Zoning Fee Schedule, and a concept plan, and if not the owner of the site, a letter of permission to apply for the Special Use Authorization. The concept plan shall be submitted and reviewed by the Planning Commission as a means to determine whether the Special Use Authorization request will be able to meet the essential site development standards set forth in these Zoning Regulations. Note: Any anticipated waivers of the site development standards, such as setbacks, screening, etc., must be requested, justified, and approved by the Planning Commission prior to building permit issuance. The Concept Plan, at a minimum, shall include:
      1. The type(s) of use(s) planned for the site is specified.
      2. The general location, size, and height of all structures, location, surface and width of driveways, general location and number of parking spaces, setbacks, proposed screening and landscaping, and any significant topographical features such as washes, wetlands, cultural, archaeological, or historical sites, hills, and rock outcroppings.
      3. Project phasing.
      4. Other information is deemed necessary to effectively review the Special Use Authorization request.
    4. Upon receipt of the completed application, the County Zoning Inspector shall submit it to the Planning Commission for consideration and action. Prior to taking action on approving or denying the Special Use Authorization request, the Planning Commission shall:
      1. Hold at least one public hearing thereon after at least 15-calendar days' notice by one publication in a newspaper of general circulation in the County seat and by posting the area included in the proposed Special Use Authorization request(s).
      2. Send notice by first class mail to each owner of real property within a radius of no less than 300 feet of the subject parcel(s), as shown on the most recent available records of the last property tax assessment. Where there are potential compatibility concerns, the County Zoning Inspector may expand the mailed notification area to greater than a 300-foot radius at the time of application acceptance.
      3. The notice sent by mail shall include, at a minimum, the date, time, and place of the hearing on the proposed Special Use Authorization request(s), including a general explanation of the matter to be considered, a general description of the area of the proposed Special Use Authorization request(s), and how the real property owners within the area may file approvals or protests of the proposed Special Use Authorization request(s).
    5. Site development standards contained in these Zoning Regulations are considered applicable unless modified by the Planning Commission or Board of Supervisors on appeal. Standards may be modified based on a finding that modification of a certain standard will not adversely affect public health, safety, and general welfare. These standards may be increased or decreased, and reasonable requirements imposed as deemed necessary to promote the purpose of these Zoning Regulations, including but not limited to the following:
      1. Site coverage, structure height, and setback requirement.
      2. Screening.
      3. Off-street parking and loading specifications and improvements.
      4. On-site and off-site street and drainage improvements.
      5. Regulation of points of vehicular ingress and egress.
      6. Regulation of signs.
      7. Landscaping.
      8. Control of noise, vibration, odor, emissions, hazardous materials, and other potentially dangerous or objectionable elements.
      9. Hours of operation.
      10. Time limits for the commencement of construction or a time limit within which the Special Use Authorization shall cease to exist.
      11. Water conservation measures; and
      12. Hazardous materials information.
    6. If approved by the Planning Commission and no appeal has been submitted within the 15-calendar days' appeal period, the Applicant shall return the signed acceptance of conditions and modifications and waiver for diminution of value form within 30-calendar days after approval. However, if the Applicant does not return this form within 30-calendar days after approval, the application for a Special Use Authorization approval shall be deemed null and void. A completed non-residential permit application and site plan meeting the requirements set forth in this Article, in substantial conformance with the approved concept plan and modifications and accompanied by any additional documentation required by the Planning Commission as a condition of Special Use Authorization approval, shall be submitted within 12-months of approval of the Special Use Authorization or within the time frame otherwise specified by the Planning Commission. At the time of permit submittal, if the Special Use Authorization is not in substantial conformance with the approved concept plan and is not within the general purview of the original notice, then the matter shall be heard at a public hearing before the Planning Commission to modify the plan following the procedures set forth in this Article herein. A non-residential permit must be issued within 18-months of approval by the Planning Commission or within the time frame otherwise specified by the Planning Commission. Upon issuance of a building/use permit, the provisions of this Article regarding the withholding, display, time limit, validity, and misrepresentation of building permits shall be applicable.
    7. Should any other conditions of the Special Use Authorization approval not be met within the time limits specified above or within the time limits specified by the Planning Commission, the Special Use Authorization approval may be revoked by the County Zoning Inspector after 30-calendar days' notice to the owner and Applicant unless a request for an extension is made within this 30-calendar day appeal period. A request for an extension will be subject to the Special Use Authorization modification provisions of this Article.
    8. Should the Special Use Authorization not be in compliance at any time with any of the conditions specified by the Planning Commission and/or the building/use permit, then zoning enforcement action shall be taken to correct the violation(s). Unabated non-compliance may result in the matter being heard at a public hearing before the Planning Commission to either modify the Special Use Authorization or revoke the Special Use Authorization approval.
  4. Appeal of Special Use Authorization Decisions.
    1. The decision of the Planning Commission is deemed to be the final County action on the issue unless that decision is appealed within 15-calendar days following the date of the decision. Any appeal shall be submitted for review by the Board of Supervisors at a public hearing to be scheduled within 60-calendar days of receipt of the appeal. An appeal may be filed by the Applicant, by any other person aggrieved in any manner by the decision, or by the County Zoning Inspector if the Inspector believes an error was made.
    2. An appeal is filed by submitting a written notice of appeal to the County Zoning Inspector, together with an appeal fee in accordance with the adopted fee schedule. If the appeal is filed by the County Zoning Inspector, no fee is required. The notice of appeal shall include the following:
      1. An identification of the decision being appealed.
      2. A complete statement of all reasons why the appellant believes that the decision, or any part of the decision, was erroneous, arbitrary, capricious, or an abuse of discretion; and
      3. Written presentation of additional testimony and evidence, a full explanation of the additional testimony and evidence that will be submitted, with an explanation of why this was not presented to the Planning Commission.
    3. Appeals must be filed within [15] calendar days following the date of the decision of the Planning Commission decision. Upon receipt of an appeal, the County Zoning Inspector or designee shall compile the record of the proceeding and submit this to the Board of Supervisors with the appeal documents. The Board shall send to the appellant and the Special Use Authorization Applicant if they differ, a notice of the designated date of the public hearing. The date of decision shall be not more than 90-calendar days following the submittal of the notice of appeal. Notice of the public hearing shall be given in the same manner as the original application. Following its deliberations on the date of the decision, the Board of Supervisors shall either affirm, reverse, or modify, or remand the decision of the Planning Commission.

      Definitions and Criteria:
      Affirm: The Planning Commission decision stands as issued.
      Reverse: The decision is overturned in whole or in part.
      Modify: The decision is altered with specific conditions or findings. Remand: The matter is returned to the Planning Commission for further proceedings consistent with the Board’s direction. A remand may be ordered if the Board determines that:

(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.

HISTORY
Amended by Ord. 14-10 (R-14-08) on 12/2/2014
Amended by Ord. 16-02 (R-16-01) on 7/26/2016
Amended by Ord. 20-10 (R-20-03) on 7/9/2020
Amended by Ord. 21-16 (R-21-03) on 12/30/2021

2.48.170 ACCESSORY DWELLING UNITS (ADUs)

  1. Purpose. The purpose of this section of the Zoning Regulations is to provide development standards and approval procedures for Accessory Dwelling Units (ADUs) in a manner that increases housing options and affordability while preserving the character of residential and rural districts.
  2. Applicability and Allowances. ADUs are permitted accessory uses on any lot or parcel where a single-family dwelling is permitted, including at least one attached and one detached ADU per parcel. On lots one acre or larger, one additional detached ADU shall be permitted, subject to compliance with this section, except in areas subject to high-noise or accident-potential zoning near airports as defined by A.R.S. § 28 8461.
  3. Development Standards. Approval of ADUs shall require compliance with the following standards, unless modified by variance:
    1. ADUs must be equal to or lesser in height than the existing principal dwelling.
    2. ADUs are limited in size to a maximum of 75% of the gross square footage of the principal dwelling or 1,000 square feet, whichever is less.
    3. ADUs shall be at least five (5) feet from all property boundaries.
  4. Restrictions.
    1. ADUs shall not be subdivided or otherwise segregated in ownership from the principal dwelling unit.
    2. Recreational vehicles, railroad cars, and camper shells are not permitted for use as an ADU in any zoning district. Pursuant to A.R.S. § 11-820.03, \ the County shall allow the use of a park model trailer as an ADU for use as a single-family residence on any parcel zoned for one dwelling unit per three acres or greater. The park model trailer shall be placed on a semi-permanent or permanent foundation and connected to utilities.
    3. Manufactured homes and rehabilitated mobile homes may be permitted as an ADU only in those Zoning Districts where they are a permitted use.
    4. ADUs may not be built on top of a current or planned public utility easement unless the property owner receives written consent from any utility that is currently using the public utility easement or that may use the public utility easement in the future. 
    5. All utilities may be delivered via separate or shared meters. If an ADU will use a septic system, the system shall be adequately sized prior to permit issuance.   
  5.  Non-Administrative Approvals Required.
    1. A Special Use Authorization is required to use an ADU for commercial purposes or for any use other than a permitted home occupation.
    2. A variance is required for any deviation from the development standards contained in this section
  6. Application Submittals.
    1. A properly completed and filled-out Accessory Dwelling Unit application to the Cochise County Development Services Department.
    2. Processing fee.
    3. Plot plan and narrative illustrating conformance with the development standards for ADUs.
  7. Occupancy. The owner of the parcel shall live either in the primary dwelling or Accessory Dwelling Unit as their primary residence.
  8. Legal Non-Conforming Lots. Accessory Dwelling Units are permitted on all lots zoned for single-family residential use, including legal non-conforming lots, pursuant to A.R.S. § 11-810.01. ADUs are subject to the same standards and application procedures applicable to conforming lots within the zoning district.
  9. Action by the County Zoning Inspector and Appeal. The County Zoning Inspector shall review all complete ALQ applications to determine compliance with the Zoning Regulations. Following this review, a permit for an Accessory Dwelling Unit may be issued by the County Zoning Inspector. The County Zoning Inspector shall approve, conditionally approve, or deny the application. If the permit application is denied, the individual making the request shall have the right to appeal to the appropriate Board of Adjustment as any other appeal of the County Zoning Inspector’s determinations.
HISTORY
Amended by Ord. 12-08 (R-12-01) on 6/22/2012
Amended by Ord. 14-10 (R-14-08) on 12/2/2014
Amended by Ord. 16-02 (R-16-01) on 7/26/2016
Amended by Ord. 21-08 (R-21-02) on 7/8/2021

2.48.180 REGULATIONS FOR RESIDENTIAL CARE HOMES FOR JUVENILES

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:

  1. The “Program Description” for the home, as approved by each State agency with jurisdiction over this home and as agreed to by each entity that may contract with the operators for services at that site, shall prohibit the placement of juveniles who are designated as violent offenders or whose presence would be a risk to the safety of the neighboring public; and
  2. Either of the following:
    1. Either the juvenile does not have any prior record of conviction as an adult for any crime or conviction as a juvenile for any violent crime, burglary, arson, abuse of animals, any sex crime involving moral turpitude, or the sale of drugs or other narcotic substances regulated by law in Arizona Revised Statutes; or
    2. The judge or Planning Commissioner of a court with jurisdiction over each juvenile at home has made a finding of fact that the juvenile does not present an imminent danger to either himself or to others and that this residential setting is appropriate for that juvenile.
      As a condition for any such use, the operator of the Residential Care Home shall provide, upon request, confirmation to appropriate County officials that these conditions have been met.
HISTORY
Amended by Ord. 16-02 (R-16-01) on 7/26/2016

2.48.190 HOME OCCUPATIONS

  1. Purpose. The purpose of this Section of the Zoning Regulations is to provide standards and approval procedures for Home Occupations in a manner that provides opportunities for small scale business to be operated from a residence while preserving the character of the residential and rural districts.
  2. Applicability. Home Occupations are allowed where listed as a permitted accessory use.
  3. Development Standards.
    1. The Home Occupation may occupy an area no greater than one-quarter (1/4) of the floor area of the residence, whether occurring within the residence or in a detached structure.
    2. Employees Allowed:
      1. Residents of the primary dwelling.
      2. Immediate family members, including spouse, child, sibling, parent, grandparent, grandchild, stepchild, or stepsibling, whether related by adoption or blood.
      3. Maximum of two individuals who do not meet the criteria in Paragraphs 3,b,1 or 3,b,2.
    3. Any outdoor display or storage of materials, goods, supplies, or equipment shall be prohibited other than the signs noted below.
    4. The generation of noise, vibrations, noxious odors, dust, heat, or glare detectable beyond any property line or the storage or use of hazardous materials of a type and amount that could create safety concerns or are not appropriate to dispose of in residential garbage or sewer systems is prohibited.
    5. No parking or delivery activity that causes on-street parking congestion or a substantial increase in traffic through the residential area.
    6. There shall be no change to the residential appearance of the premises.
    7. There shall be allowed one on-site non-illuminated permanent sign not to exceed four square feet with a maximum height of five feet and vehicular signs.
  4. Application Submittals.
    1. A properly completed and filled out Home Occupation application to the Cochise County Development Services Department.
    2. Processing Fee.
    3. Plot plan and narrative illustrating conformance with the development standards for Home Occupations.
HISTORY
Amended by Ord. 22-20 (R-22-02) on 10/27/2022

2.48.200 TEMPORARY USES

The following regulations shall govern the operation of certain transitory or seasonal uses:

  1. Permits. Application for a temporary use permit shall be made to the County Zoning Inspector at a minimum of 10-working days prior to the event; applications shall include the following:
    1. A description of the property to be used, rented, or leased for the temporary use, including all information necessary to accurately portray the property.
    2. A site plan and description of the proposed use.
    3. Sufficient information to determine setback requirements, sanitary facilities, and availability of parking space to service the proposed use; and
    4. The applicable fee is specified in the fee schedule as adopted by the Board of Supervisors.
  2. Conditions for Issuance of Temporary Use Permits. Temporary use permits may be issued by the County Zoning Inspector for the uses specified in this section, provided that the location of structures, buildings, or equipment; vehicular ingress and egress and traffic circulation; parking areas; and on-site facilities are so located and arranged to avoid traffic congestion, to protect the safety and welfare of the public, and to avoid adverse effects on surrounding properties. The County shall take action as may be necessary and appropriate to abate any public nuisance that results from a failure to comply with the terms and conditions of a temporary use permit issued by the County.
  3. Particular Temporary Uses Permitted. Upon obtaining a temporary use permit, the following temporary uses shall be permitted, subject to the following standards and/or other standards imposed by the County Zoning Inspector to mitigate off-site impacts:
    1. Contractor’s Office, Security Dwelling, or Other Temporary Dwelling During Construction of a Building. Temporary buildings, manufactured homes, and recreational vehicles used in conjunction with construction work only during the period of such construction, subject to the following:
      1. Permitted in all Zoning Districts.
      2. Any use permit approved for such temporary building manufactured home or recreational vehicle shall be limited to a period of time as an open building permit on the parcel where the temporary use is granted.
      3. Such temporary building manufactured home or recreational vehicle shall be removed from the property upon the expiration of the approved building permit or within 10-calendar days after completion of the construction work.
    2. Contractor’s Construction Equipment Storage. Temporary uses, such as the cutting and storage of lumber or the storage of building materials and construction equipment in conjunction with construction work only during the period of such construction, subject to securing a building permit and the following:
      1. Permitted in all Zoning Districts.
      2. Any use permit approved for such temporary use shall be limited to a period of time of such approval; said permit may be renewed thereafter as approved by the County Zoning Inspector upon receipt of satisfactory evidence indicating that the need for such temporary use continues to exist.
      3. Unless such a use permit is renewed, such temporary use shall cease and desist upon the expiration of the previously approved building permit or within 10-calendar days after completion of the construction work, whichever occurs first.
    3. Temporary Subdivision Sales Offices.
      1. Permitted in all Zoning Districts.
      2. Such office shall be located on the property being subdivided for sale as individual lots, and its use shall be limited to the sale of these lots.
      3. Such office shall be subject to the site development standards for the district in which it is located.
      4. Any use permit approved for such office shall be limited to a period of time not to exceed 2-years from the date of such approval; said permit may be renewed for periods of 1 year thereafter if less than 80 percent of lots in the property being subdivided have been sold.
      5. Such office shall be removed from the property being subdivided upon the expiration of the previously approved use permit unless such use permit is renewed or when 80 percent of the lots in said property have been sold, whichever occurs first.
    4. Carnival or Circus.
      1. Permitted in all Zoning Districts except SR, SM, R, MR, and RU in Neighborhood Conservation or Neighborhood Rehabilitation plan designations.
      2. The maximum length of the permit shall be 15-calendar days.
      3. No structure or equipment shall be located within 300 feet of an existing residence.
    5. Christmas Tree Sales.
      1. Permitted in all Zoning Districts, except SR, SM, R, MR, and RU districts in Neighborhood Conservation or Neighborhood Rehabilitation plan designations. Christmas tree sales are permitted in Planned Development Districts only in those areas designated on approved plans as neighborhood commercial centers.
      2. The maximum length for display and open lot sales of Christmas trees shall be 45-calendar days. Unsold trees shall be removed from the site at the end of the 45-calendar day period.
    6. Events of Public Interest.
      1. Permitted in all districts.
      2. Including, but not limited to, outdoor art and crafts shows and exhibits, farmers' markets, outdoor concerts, outdoor revivals, rallies, and outdoor charity events.
      3. The maximum length of a temporary use permit on a specific parcel that is not occupied by a community park, community center, or school shall be seven-consecutive days, plus an additional four calendar days for set-up and dismantling, within any three-month period.
      4. No structure, equipment, or display shall be located within 300 feet of an existing residence on an adjacent property unless written permission is granted by the adjacent property owner.
      5. Longer events of public interest, up to six consecutive weeks within a six-month period, may be allowed, subject to approval by the Board of Supervisors. Upon receipt of a completed application, the County Zoning Inspector shall submit it to the Board of Supervisors for consideration and action. Prior to acting on approving or denying the temporary use permit, the Board shall:
        1. Hold one public hearing thereon after at least 15-calendar days' notice by one publication in a newspaper of general circulation in the County seat and by posting the area included in the proposed temporary use(s).
        2. Send notice by first class mail to each owner of real property, as shown on the most recent available records of the last property tax assessment, located within 300-feet of the proposed area of the proposed temporary use(s), and to each County and municipality which is contiguous to the area of the proposed temporary use(s). The County Zoning Inspector may expand the mailed notification area to greater than a 300-foot radius at the time of application acceptance if there are compatibility concerns associated with the request.
    7. Outdoor Retail Sales of Products.
      1. Permitted only in: GB, LI, and HI Zoning Districts; R-36, R-18, and RU districts not located in Neighborhood Conservation or Neighborhood Rehabilitation Plan designations.
      2. The maximum length of the permit shall be 7-consecutive days in any 3-month period, and merchandise and display areas must be removed after this time period.
  4. Uses Requiring No Permit. The following temporary uses shall be permitted in any Zoning District (unless otherwise stated) and require no temporary use permit.
    1. Yard sales.
    2. Sidewalk or parking lot sale by merchants.
    3. Horse shows or exhibits for special events or at commercial stables.
    4. Sale of food produced on-premise of an agricultural use.
    5. Bake sales, rummage sales, car washes, and similar activities for religious, educational, or other charitable purposes.
    6. Temporary filming on location for television, videos, or motion pictures.
    7. Mobile carts or vehicles accessory to an existing permitted non-residential use in a non-residential Zoning District or at a permitted non-residential or approved subdivision construction site for the duration of construction, provided existing parking, loading zones, or driveways are not obstructed. Please note: Health Department requirements must still be met.
    8. Customarily accessory indoor/outdoor events in permitted non-residential facilities with no significant off-site impacts.
    9. Recycling Drop-Off Receptacle, accessory to an existing permitted non-residential use in a non-residential Zoning District, provided existing parking, loading zones, or driveways are not obstructed.
HISTORY
Amended by Ord. 14-04 (R-14-06) on 5/6/2014
Amended by Ord. 16-02 (R-16-01) on 7/26/2016
Amended by Ord. 20-10 (R-20-03) on 7/9/2020
Amended by Ord. 21-12 (R-21-04) on 8/26/2021

2.48.210 MINOR LAND DIVISIONS

  1. Intent. The intent of this Ordinance is to provide for the orderly growth and harmonious development of Cochise County by prescribing certain minimum requirements regulating the conditions under which minor divisions of land within Cochise County may be permitted and by establishing a review procedure for minor divisions of land within Cochise County.
  2. Purpose. The purpose of this ordinance is to provide a process to divide the land into five (5) or fewer lots, tracts, parcels, sites, or divisions, any of which is ten (10) acres or smaller in size, with a level of review to ensure the division of land complies with zoning regulations and does not constitute a subdivision of six or more lots as defined by Arizona Revised Statutes (A.R.S.). This ordinance is not intended to prohibit or prevent the division of land as otherwise authorized and permitted by the A.R.S. 11-831 and Cochise County Zoning Regulations and Subdivision Regulations but to allow for staff review and approval of minor land divisions.
  3. Permit Required.
    1. No land may be divided into five or fewer lots, parcels, or fractional interests, any of which is ten acres or smaller, unless a minor land division permit has been issued by Cochise County.
    2. The lots, parcels, or fractural interests may not be a part of a County-approved subdivision plat.
    3. Payment of an applicable minor land division fee, in accordance with the adopted fee schedule, is required as a condition of obtaining a minor land division permit.
  4. Jurisdiction. The provisions of this ordinance shall apply to all divisions of land located within the unincorporated territory of Cochise County, excluding lands outside the authority of Cochise County.
  5. Application Submittals. The applicant must submit a properly completed and filled-out minor land division application to the Cochise County Development Services Department along with the associated processing fee and any required supporting documentation for staff review as set forth below.
    1. Names, addresses, and telephone numbers of all parties of interest to the division.
    2. A statement from a registered land surveyor, or other evidence acceptable to the county, stating whether each lot, parcel, or fractional interest has physical access that is traversable by a two-wheel drive passenger motor vehicle.
    3. Survey Map: The legal descriptions and map shall be prepared by a Registered Land Surveyor (R.L.S) and comply with all state and County standards in a format acceptable to the County Recorder and shall include:
      1. A standard engineering scale is not to exceed 1” = 200’ (one inch equals 200 feet). The scale used must be indicated.
      2. A north arrow.
      3. Area and dimensions of all proposed lots, parcels, or fractional interests.
      4. The current zoning of the parcels proposed is to be divided.
      5. A public or private road, or a private driveway easement, as defined by the Cochise County Road Design & Construction Standards & Specifications for Public Improvements, shall provide legal access to each parcel.
        1. A private easement with a minimum width of twenty-four (24) feet. A private easement will be considered legal access only if it runs with the land and expressly allows ingress and egress by any utility company providing services to the new lot or parcel, any provider of emergency services (fire, police, ambulance, etc.) to the new lot or parcel, and any public official (building inspector, health inspector, etc.) requiring ingress and egress to the new lot or parcel in connection with the official’s lawful duties.
        2. Public roads to be maintained by Cochise County shall be constructed to the standards included in the Road Design & Construction Standards & Specifications for Public Improvements and then adopted or accepted by the County Board of Supervisors prior to the sale of any of the divided lots.
      6. Location and width of all easements within and bordering the minor land division.
      7. Location, width, and designation of roads bordering the property indicate whether they are public or private.
  6. Definitions.
    1. Minor Land Division means land or lands that are proposed to be divided for purposes of sale or lease into five (5) or fewer lots or parcels.
    2. Subdivision or subdivided lands:
      1. Means improved or unimproved land or lands divided or proposed to be divided for the purpose of sale or lease, whether immediate or future, into six or more lots, parcels, or fractional interests.
      2. Includes a stock cooperative, lands divided or proposed to be divided as part of a common promotional plan, and residential condominiums as defined by ARS.
    3. Legal access means a public right of vehicular ingress and egress between the lots, parcels, or fractional interests being created.
    4. Minimum applicable county zoning requirements means the minimum acreage and dimensions of the resulting lot, parcel, or fractional interest as required by the County’s zoning ordinance.
    5. Utility easement means an easement of a minimum of eight (8) feet in width dedicated to the public to install, maintain, and access sewer, electric, gas, and water utilities.
  7. Review Criteria. An application to split a parcel of land shall be approved if the following items are submitted for review by the Development Services Department and found to be complete:
    1. Each newly created parcel must meet the minimum zoning requirements of the applicable zoning designation.
    2. The applicant demonstrates legal access to the lots, parcels, or fractional interests.
    3. The applicant provides a statement from a licensed surveyor or engineer, or other evidence acceptable to the county, stating whether each lot, parcel, or fractional interest has legal, physical access that is traversable by a two-wheel drive passenger motor vehicle, and
    4. The applicant reserves the necessary and appropriate utility easements to serve each lot, parcel, or fractional interest created by the land division.
  8. Action by the Development Services Department. Upon receipt of the submitted documents, the Development Services Department shall review them to determine their completeness. If the application is complete, it shall be date-stamped, showing the day it arrived complete. If the submitted documents and information are found to be incomplete or insufficient, the applicant shall be notified of the deficiencies. The application will not be formally accepted for processing until the missing items are submitted.

    Upon receipt of the completed application, the Development Services Department shall:
    1. Distribute the submitted application for review and comment to the appropriate departments as deemed necessary by the Development Services Director.
    2. Review the submitted survey map and supplemental information to determine compliance with the Zoning and Subdivision Regulations and prepare its report, which shall include comments received from other departments.
    3. Based on the above findings, the Development Services Director shall then approve, conditionally approve, or deny the application within thirty (30) business days from the date a completed application was filed unless the applicant consents to an extension of the review period in writing. If a review of the request is not completed within thirty business days from receipt of the request, the land division shall be deemed approved.
    4. The County may not deny approval of any land division that meets the requirements of this section or where deficiencies are noticed in the deed. If an applicant chooses to record a minor land division survey without an approved permit, any-and-all deficiencies shall be noticed in the deed, including noncompliance with the requirement for legal access and/or noncompliance with applicable zoning regulations.
    5. The County may not require a public hearing on a minor land division request.
  9. Permit Recordation.
    1. Recordation with Approval. After approval of a Minor Land Division Permit, it shall be recorded at the County Recorder’s Office along with any attached supplementary information. Recordation must occur within six (6) months of the approval by the Development Services Department, or the approval shall lapse and become void. If the minor land division permit is approved, the Development Services Director shall enter the following certification on the approved permit: “Notice is hereby given that the parcels of real estate created by the division recorded pursuant to this document are in conformance with all the provisions of the Minor Land Division Ordinance of Cochise County and meets all statutory requirements for recording.”
    2. Recordation without Approval. Pursuant to the provisions of Arizona Revised Statutes, Section 11-831. C, recordation of a division of land may not be denied for non-compliance with the requirement for legal access or compliance with applicable zoning regulations. However, all such deficiencies are required to be noticed in full, detailed description in all deeds. Should an applicant choose to record a Minor Land Division survey without a permit approved by the Development Services Director, any deficiencies are required to be noticed in full, detailed description in all deeds.

      “Notice is hereby given that the parcels of real estate created by the division recorded pursuant to this document either does not conform to the zoning regulations in force at the time of recordation, does not have adequate provision for access to public utilities, or that no legal access exists in accordance with the provisions of the Minor Land Division Ordinance of Cochise County. In consequence, any and all Cochise County Development permits may be denied until such time as deficiencies relative to this parcel are corrected.”
  10. Removal of Deficiencies from the Deed. Where access or zoning deficiencies are corrected through zoning change, variance, or acquisition of property for access, it shall be the responsibility of the property owner to remove the deficiencies. All removal of deficiencies shall be subject to the approval of the Development Services Director prior to recording.
  11. Acting in Concert. It shall be unlawful for a person or group of persons acting in concert to divide a parcel of land into six (6) or more lots or sell or lease six (6) or more lots by using a series of owners or conveyances in an attempt to avoid the provisions of this ordinance. This provision may be enforced by the County Attorney’s Office or the Arizona Department of Real Estate, or both, pursuant to the laws of the State of Arizona.
  12. Penalties. Any deficiencies related to legal access or minimum County zoning will not prevent the approval of a Minor Land Division Permit but shall result in the withholding of any Cochise County permits for development until such time as deficiencies relative to the parcels created by the Minor Land Division are corrected. All such deficiencies are required to be noticed in full, detailed description in all deeds.
HISTORY
Adopted by Ord. 19-07 (R-19-04) on 8/27/2019

2.48.220 AGRITOURISM

  1. Purpose: The purpose of this section of the Zoning Regulations is to help promote local agriculture, support rural economies, and provide educational and recreational experiences for county residents and visitors while preserving the character of residential and rural zoning districts.
  2. Applicable Zoning District: Agritourism is a permitted non-residential accessory use in Rural (RU) Zoning Districts and Planned Development (PD) Zoning Districts. Agritourism is a Special Use in Residential (R) Zoning Districts. All sites must meet the definition of "Agriculture, General" per Section 2.03 Definitions and possess an active agricultural zoning exemption.
  3. Types of Agritourism
    1. Farm Tours: Guided tours of farms or agricultural operations where visitors can learn about farming practices, cultivation techniques, and the production of crops or livestock.
    2. U-Pick Operations: Visitors can pick their own fruits, vegetables, or other crops directly from the fields, providing a hands-on experience of harvesting.
    3. Farm-to-Table Experiences: Events or activities that showcase the connection between agriculture and food, often involving on-farm dining experiences featuring locally produced food, wine tasting rooms, and food establishments under the authority of the Department of Health Services.
    4. Educational Programs: Workshops, demonstrations, or classes that teach visitors about various aspects of agriculture, sustainability, and rural life.
    5. Guest Lodging: Accommodations where visitors can experience daily farm life and activities as part of their stay. This includes RV overnight parking and tent camping but does not include a hotel, motel, or resort.
    6. Agritourism Events: Special events such as festivals or seasonal celebrations that highlight local agricultural products, traditions, and local culture. A special event permit is required subject to Section 2.48.200 Temporary Uses.
    7. Outdoor Recreation: Activities such as hiking and bird watching, corn mazes, wagon and hayrides, and commercial riding stables (on a minimum site of 10 acres).
    8. Retail: Shops or roadside stands for retail sale of agritourism-related products or crafts produced on the farm or farm products from the region. All shops and roadside stands must be on site and not located in the public right-of-way. The sale of non-agriculturally related products is limited to twenty-five (25) percent of items offered for sale.
    9. Other agritourism uses that support agriculture may be permitted as determined by the Zoning Administrator on a case-by-case basis.
  4. Development Standards
    1. Parking: All parking shall be provided on-site, subject to Section 2.51.040 off-street parking and loading. Off-site parking for special events may only be permitted with a parking and transportation plan submitted with a special event use permit application.
    2. Signage: Subject to Section 2.54 Signs
    3. Food: All prepared food available for sale shall be prepared in accordance with applicable federal, state, and local regulations.
    4. Sanitation: All requirements of the Cochise County Health Department, the Arizona Department of Health Services, and other applicable laws shall be met.
    5. Structures: Permanent structures, including, but not limited to, wine tasting rooms, guest lodging, retail sales, and food establishments associated with agritourism, shall require a non-residential building permit.
  5. Application Submittals
    1. A properly completed permit application to the Cochise County Development Services Department.
    2. Processing fee
    3. Plot plan and narrative illustrating conformance with the development standards for Agritourism.
HISTORY
Adopted by Ord. 24-01 (R-24-01) on 3/12/2024

12-10 (R-12-02)

14-01 (R-14-01)

14-04 (R-14-06)

16-02 (R-16-01)

20-02 (R-19-06)

21-12 (R-21-04)

17-01 (R-17-01)

12-02 (R-11-06)

14-10 (R-14-08)

20-10 (R-20-03)

21-16 (R-21-03)

12-08 (R-12-01)

21-08 (R-21-02)

22-20 (R-22-02)

19-07 (R-19-04)

24-01 (R-24-01)