The Board of Supervisors may, after receiving a recommendation from the Planning Commission and after holding a public hearing as required by law, amend these Zoning Regulations or amend Zoning District classifications or boundaries. Amendments may be initiated pursuant to an application or by the Planning Commission on its own motion.

In addition to amendments initiated by application as described in Section 2.63.040, to provide timely and appropriate amendments with due consideration of the Comprehensive Plan, the Board of Supervisors, Planning Commission, and Planning Director shall follow the procedures set forth in Section 2.63.050 whenever the Board of Supervisors, Planning Commission or Planning Director initiates an amendment of these Zoning Regulations or amendments to the Zoning District classifications or boundaries.

1. The purpose of the citizen review process is to achieve the following:
   1. Ensure that Applicants pursue early and effective citizen review in conjunction with their applications, giving them the opportunity to understand and try to mitigate any real or perceived impacts their application may have on the neighborhood or community.
   2. Ensure that the citizens and property owners of Cochise County have an adequate opportunity to learn about applications that may affect them and to work with Applicants to resolve concerns at an early stage of the process; and
   3. Facilitate ongoing communication between the Applicant, interested citizens and property owners, County staff, and elected and appointed officials throughout the application review process.
2. The citizen review process is not intended to produce complete consensus on all applications but to encourage Applicants to be good neighbors and to allow for informed decision-making.
3. To maximize the opportunity for citizen involvement in the application process that is described in the following sections and to resolve any neighborhood issues at an early stage in the process, the following requirements shall be included in the application process:
   1. Prior to submitting a formal application, an Applicant shall participate in a pre-application meeting with planning staff. This meeting has a two-fold purpose:
      1. To go over the application requirements, including a Citizen Review Report; and
      2. To familiarize staff with the project and identify and discuss any issues related to the application.
   2. At a minimum, the Applicant shall notify and, if requested, meet with homeowners or community associations nearest the subject parcel and all adjacent and potentially impacted property owners. These property owners shall be defined to include:
      1. All of those who own property located within the area subject to the application.
      2. Notice to real property owners, as shown on the most recent available records of the last property tax assessment within a radius of no less than 300 feet of the subject parcel(s) boundaries, as shown on the most recent available records of the last property tax assessment. 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.
      3. Rezonings to less intensive Districts do not require a Citizen Review.
      4. For purposes of this section and all other provisions requiring notice to property owners, “property owners” shall be deemed to be those owners designated in the available records of the most recent assessment of the property for property tax purposes, and “Applicant” refers to anyone other than the Planning Commission.
   3. This notification shall include a description and location of the project and how verbal and written comments can be submitted. If a public meeting(s) is scheduled, the time, date, and location of the meeting(s) shall be included.
   4. A Citizen Review Report documenting the above process shall be required as part of the application submittal. At a minimum, this report shall include:
      1. Copies of notices sent to property owners, homeowners, and community associations.
      2. Copies of all information provided to the public.
      3. Signup sheets from all public meetings, if any.
      4. Any responses received from the public during this process; and
      5. A description of how the Applicant responded to this feedback.
         

A property owner or authorized agent of a property owner desiring a text amendment to the Zoning Regulations or desiring an amendment in a Zoning District classification or boundary, for either a single parcel or contiguous parcels, shall apply to the Board of Supervisors for such amendment by filing with the Planning Director a properly completed application in the manner prescribed by these Zoning Regulations. Any interested person may apply to amend these Zoning Regulations in a similar manner.

The Planning Director has established a schedule of cut-off dates when all required material must be submitted to place an amendment application on the agenda of a Planning Commission meeting. These dates are generally 45-calendar days in advance of the meeting to allow adequate time to meet legal notification requirements and to prepare a report on the proposed amendment.

1. An Application to Amend These Zoning Regulations Shall Include:
   1. The Applicant’s name, address, and interest in the amendment.
   2. The proposed amendment to the Zoning Regulations.
   3. Statements in support of the application, including a list of present conditions justifying the proposed amendment.
   4. Application fee as set forth in the adopted Planning and Zoning Fee Schedule.
2. An Application to Amend a Zoning District Classification or Boundary Shall Include:
   1. The name and address of all owners of the property for which a Rezoning is sought, together with proof of ownership such as a copy of the deed of ownership, title report, or tax notice.
   2. If the Applicant is not the current owner of record of the subject property, the application shall also include:
      1. The Applicant’s name, address, and interest in the amendment.
      2. Proof of agency, including a listing of every real party in interest, whether a beneficiary of a trust or otherwise, when the Applicant represents another person, firm, partnership, or corporation.
         1. If the land is owned by a corporation, proof of agency shall consist of a corporate resolution designating the individual to act as an agent. The corporate resolution must be certified by the secretary of the corporation and authenticated by the corporate seal or acknowledged in the form prescribed by Arizona Revised Statutes.
         2. If the land is owned by a partnership, proof of agency shall consist of a written document of the partner(s) designating an individual to act as an agent. The document must be certified and acknowledged in the form prescribed by Arizona Revised Statutes.
         3. If the land is owned by an individual, proof of agency shall consist of a written document designating an individual to act as an agent. The document must be certified and acknowledged in the form prescribed by Arizona Revised Statutes.
   3. The proposed amendment to the Zoning District classification.
   4. A map drawn to scale showing the existing and proposed District boundaries and an accurate legal description of the area being petitioned for amendment. Such map and legal description shall be certified by an Arizona Registrant, registered with the Arizona Board of Technical Registration, whenever approval of the amendment would establish more than one Zoning District on any lot of record. In some circumstances, a master development plan will also be required (See Article 2.09).
      
   5. Statements reflecting the present conditions justifying the proposed amendment; statements showing that the parcel fulfills the criteria for the establishment of the proposed District (Section 2.63.080), or, in the absence of the ability to comply, statements as to why the presumption against the Rezoning should be overcome; and any other factors or reasons in support of the proposed amendment.
   6. A Citizen Review Report per Section 2.63.030(3,d).
   7. A non-refundable application fee as set forth in the adopted Planning and Zoning Fee Schedule, except the fee, shall not be applicable when the Applicant is acting in his capacity as an official or agent of any city, the County, the State, the Federal government, or other governmental entity. Private developers on public lands are not exempt from the fee.
      

Upon a finding by the Planning Director that an application has been completed in conformance with Section 2.63.040, it shall be assigned a docket number, and a report shall be prepared.

If the application is for an amendment to a Zoning District classification, the Planning Director shall prepare a report evaluating the application in accordance with the criteria for the district to be formed in Section 2.63.080 and shall transmit the report to the Planning Commission and the Applicant prior to the hearing.

Upon receipt of the application, the Planning Director shall submit it to the Planning Commission for consideration. Prior to reporting to the Board, 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 change. The posting shall be in no less than two places with at least one notice for each quarter mile of frontage along perimeter public rights-of-way so that the notices are visible from the nearest right-of-way.
2. The Planning Commission shall also send notice by first class mail to each real property owner, as shown on the most recent available records of the last property tax assessment 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. 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.
   
   The notice sent by mail shall include, at a minimum, the date, time, and place of the hearing on the proposed amendment or change, including a general explanation of the matter to be considered, a general description of the area of the proposed amendment or change, and how the real property owners within the zoning area may file approvals or protests of the proposed Rezoning.
3. If the matter to be considered applies to territory in a high noise or accident potential zone as defined by Arizona Revised Statutes, the notice shall include a general statement that the matter applies to property in a high noise or accident potential zone. In proceedings involving the Rezoning of land that is located within territory in the vicinity of a military airport as defined in Arizona Revised Statutes, the Planning Commission shall send notice of the public hearing by first class mail to the military airport.
4. In proceedings that are initiated by the Planning Commission involving Rezoning, notice by first class mail shall be sent to each real property owner, as shown on the most recent available records of the last property tax assessment, of the area to be rezoned, in addition to the notice to the adjacent property required above.
5. In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by Paragraph 6:
   1. A ten percent or more increase or decrease in the number of square feet or units that may be developed.
   2. A ten percent or more increase or reduction in the allowable height of buildings.
   3. An increase or reduction in the allowable number of stories of buildings.
   4. A ten percent or more increase or decrease in a setback or open space requirements.
   5. An increase or reduction in permitted uses.
6. In proceedings governed by Paragraph 5, the County shall provide notice to real property owners pursuant to at least one of the following notification procedures:
   1. Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly affected by the changes.
   2. If the County issues utility bills or other mass mailings that periodically include notices or other information or advertising materials, the County shall include notice of such changes with such utility bills or other mailings.
   3. The County shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation in the County. The changes shall be published in a “display ad” covering not less than one-eighth of a full page.
7. If notice is provided pursuant to Paragraph 6,b or 6,c, the County shall also send notice by first class mail to persons who register their names and addresses with the County as being interested in receiving such notice. The County may charge a fee not to exceed five dollars per year for providing this service and may adopt procedures to implement this paragraph.
8. Notwithstanding the notice requirements set forth in Paragraph 5, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the County for which the notice was given.
9. After holding a public hearing, the Planning Commission shall make a recommendation on the proposed amendment and shall forward it to the Board of Supervisors for its action. If the Planning Commission has held a public hearing, the Board may adopt the recommendations of the Planning Commission using a consent calendar without holding a second public hearing if there is no objection, request for a public hearing, or other protests. If there is an objection, a request for a public hearing, or a protest, the Board shall hold a public hearing thereon at least 15-calendar days’ notice of which shall be given by one publication in a newspaper of general circulation in the County seat and by posting the area included in the proposed change.
   

1. Upon receipt of the Planning Commission’s recommendation, the Board shall hold a public hearing at least 15-calendar days' notice which shall be given by one publication in a newspaper of general circulation in the County seat and by posting the area included in the proposed change. After holding the hearing, the Board may adopt the amendment by a majority vote of the Board.
2. The Planning Commission may, on its own motion, propose an amendment to the Zoning Regulations and may, after holding a public hearing as required by this Article, transmit the proposal to the Board, which shall thereupon proceed as set forth in this Article for any amendment.
3. Notwithstanding the provision of Arizona Revised Statutes, a decision by the Board involving the Rezoning of land which is not owned by the County and which changes the zoning classification of such land or which changes the zoning standards of such land as set forth in Section 2.63.060(5) may not be enacted as an emergency measure, and such a change shall not be effective for at least 30-calendar days after final approval of the change in classification by the Board. Unless a resident files a written objection with the Board of Supervisors, the Rezoning may be enacted as an emergency measure that becomes effective immediately by a two-thirds majority vote of the Board.
4. Reversion Period. The Board may approve a change of zone conditioned on a specific use or uses and/or a schedule for the development of the specific use or uses for which the Rezoning was requested. If the property has not been improved for the use for which it was conditionally approved, the Board may revert the zoning back to what it was previously. The Board shall schedule a public hearing to grant an extension, determine compliance with the schedule for development, or cause the property to revert to its former zoning classification. The owner or Applicant who requested the Rezoning shall be notified of the hearing by registered mail.
   

1. Purpose. It is the intent of this section to establish the rank order of Zoning Districts from least intensive to most intensive and to establish criteria that will enable County staff, the developer, his or her neighbors, the Planning Commission, and the Board of Supervisors to determine if a zoning amendment is in conformance with the goals and policies established in the Comprehensive Plan.
2. Intensity of Zoning Districts. The determination of the relative intensity of the Zoning Districts is based upon both the types of uses permitted and the maximum density of development. Some Zoning Districts are grouped into one intensity level ranking since their overall impact on an area can be expected to be similar. For the purpose of establishing Zoning Districts, the following Zoning Districts are rank-ordered from least intensive to most intensive:
   1. RU-36 or SM-36 Acres or SR-36 Acres
   2. RU-18 or SM-18 Acres or SR-18 Acres
   3. RU-10 or SM-10 Acres or SR-10 Acres
   4. RU-4 or SM-174 (4-acres) or SR-174 (4-acres)
   5. RU-2 or SM-87 (2-acres) or SR-87 (2-acres)
   6. SR-43
   7. SM-36 or R-36
   8. SR-22
   9. SM-18 or R-18
   10. SR-12
   11. SM-9 or R-9
   12. SR-8
   13. MR-1 or MR-2
   14. NB
   15. PD
   16. GB
   17. LI
   18. HI
3. Rezoning Criteria.
   1. Mandatory Compliance. Permitted Districts by Plan Designation or Other Adopted Plans Within Each Plan Designation or Area, as depicted in Article 2.09, only those Zoning Districts which are compatible with the characteristics of that Designation or Area may be formed. A PD (Planned Development) Zoning District may be proposed in any Plan Area or Designation. Further, if a master development plan, transportation plan, or other land use plan has been adopted for the area encompassing the Rezoning, the Rezoning shall be consistent with the adopted plan. To protect the integrity and purpose of the County Comprehensive Plan, compliance with this factor is mandatory. If the desired Zoning District is not permitted in the existing Plan Designation or Area, then it cannot be formed unless a plan change is first obtained according to the provisions of Article 2.09. This section shall not be construed to prevent the continued existence of nonconforming Zoning Districts which were formed prior to the adoption of these Zoning Regulations.
   2. Rezoning Evaluation Factors. The Planning Commission and the Board of Supervisors shall consider the factors listed below in deciding whether to approve a Rezoning. The Rezoning factors represent policy decisions by the Planning Commission and the Board of Supervisors, reducing uncertainty concerning their probable response to a given request. Compliance or non-compliance with applicable factors serves as the basis for analyzing the Rezoning and determining the factors in favor or against the zoning. In most Rezonings, there will be both factors in favor and factors against a land use. Consequently, the importance of individual factors will be analyzed and balanced against other factors when making a recommendation; individual factors may weigh more heavily than other factors. No set of factors, however, can totally determine the acceptability of all land use proposals. For example, a property owner who adequately demonstrates compliance with the intent of Comprehensive Plan goals and policies may be able to receive approval despite non-compliance with any individual factor. Conversely, a determination that unusual circumstances exist or there is great public protest pertaining to a Rezoning request may result in denial even though the Rezoning appears to comply with other factors.
      If the proposed District does not meet the applicable requirements for street, sewer, or water improvements, the Board may condition approval of the Rezoning upon completion of such improvements. The Board may require appropriate improvement security or use the mechanism of building permit, subdivision plat, or master development plan approval to cure these deficiencies.
      Compliance with applicable factors below constitutes factors in favor of the Rezoning:
      1. The Applicant’s application is accompanied by a Land Use/Concept Plan, which at a minimum includes:
         1. Non-residential.
            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.
         2. Residential. A conceptual subdivision plat and a statement that a subdivision plat will be submitted within 18 months to 3 years.
      2. Compliance with Applicable Site Development Standards. All sites within the proposed District must be capable of reasonable development for typical uses within the proposed District through compliance with all applicable site development standards. This criterion applies to the formation of all Zoning Districts in all plan areas. When a Rezoning would render existing uses or structures non-conforming because of different site development standards, at the time of the Rezoning, the Board of Supervisors may determine which site development standards apply.
      3. Adjacent Districts Remain Capable of Development. The proposed District shall not result in the reduction of remaining adjoining Zoning Districts to size or shape incapable of reasonable development for typical uses within that District.
      4. Limitation on Creation of Nonconforming Uses. The Rezoning of an area containing a high percentage of uses that do not conform to the Zoning Regulations of the proposed District should be discouraged. Exceptions should be granted only when a determination is made that other advantages offered by the proposed Rezoning offset the undesirable effects of the nonconforming lots or uses that will be created, as may often be the case in Neighborhood Rehabilitation and Enterprise Redevelopment designations.
      5. Compatibility with Existing Development. The proposed Zoning District(s) bear a logical relationship to surrounding Zoning Districts.
      6. Rezonings to More Intense Districts. If Rezoning to a more intense Zoning District, which abuts less intense Zoning Districts, the Applicant has demonstrated that the less intense Districts are protected in one or more of the following ways:
         1. The proposed District is buffered by an intermediate District of sufficient size to provide a reasonable transition of intensity from the existing area (as a guide, a reasonable transition is considered to be a difference of intensity or density of two levels as defined in Paragraph 2).
         2. The proposed District is a reasonable extension of a similar density District within the area.
         3. The proposed District provides a transition between an existing less intense District and a more intensive District or an arterial street; or
         4. The proposed District is designed to provide adequate protection to the adjacent less intense development in the form of enhanced screening, landscaping, setbacks, large lot size, building orientation, or other design measures. (Note: When an HI District is proposed in a Comprehensive Plan Rural Area, this factor may be the only applicable factor because it is unlikely that a reasonable transition can be provided between the existing Rural Zoning District and the HI District.)
      7. Adequate Services and Infrastructure. The following factors are used to determine if there are adequate services and infrastructure to serve an intensification of zoning:
         1. For a Rezoning to a more intensive District, the Applicant has provided adequate information to evaluate the impacts of the Rezoning 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 volumes 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, 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. Sufficient information has been provided to effectively evaluate this criterion, such as a Traffic Impact Analysis.
      8. Traffic Circulation Criteria.
         1. Any Rezoning shall be consistent with the preservation of the functions of surrounding streets as defined in the County Comprehensive Plan.
         2. If the Rezoning is to GB, LI, or HI, the development shall not result in the use of any residential street for through traffic to and from the proposed District.
         3. Consideration of future circulation needs in the surrounding area has been considered through right-of-way dedication and off-site improvements if warranted. Sufficient information has been provided to effectively evaluate this criterion, such as a Traffic Impact Analysis.
      9. Development Along Major Streets. The Rezoning size 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.
      10. Infill. If Rezoning to GB, LI, or HI, the site is in an existing Enterprise or Enterprise Redevelopment plan designation area. This factor is designed to encourage infill in areas where commercial and industrial development already exists, thereby discouraging sprawl and locating new non-residential developments where adequate infrastructure may already exist and where they are most likely to be compatible with existing uses.
      11. Unique Topographic Features. A Rezoning to a more intensive Zoning District shall not take place if there are areas of unstable soils, steep slopes, severe washes, floodplains, etc., which are not appropriate for intense development. Rezonings encompassing such areas will be discouraged unless the developer carefully plans development around these areas, such that they are appropriately protected.
      12. Water Conservation. The uses proposed in any Rezoning 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. In the Sierra Vista Sub-Watershed Overlay Zone, private, voluntary retirement of development rights proposed by an Applicant within two miles of the San Pedro Riparian National Conservation Area or within one mile of the Babocomari River may be a factor in favor of their request for concomitant density increases elsewhere in the County.
      13. Public Input. If there is major public opposition to a proposed Rezoning, this may indicate that the technical evaluation regarding the compatibility of the proposed District 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.
      14. Hazardous Materials. Adequate data has been submitted to determine that impacts from uses that may involve hazardous or dangerous materials are adequately mitigated.
      15. Compliance with Applicable Area Plan, Master Development Plan, or Comprehensive Plan Policies. The proposed uses and design are in substantial conformance with the adopted area plan, master development plan, or Comprehensive Plan policies.
          

After conditional approval of a Rezoning action, an Applicant may request that the Board of Supervisors, through a public hearing following the notification requirements of 2.63.060(2), modify the conditions of approval or grant an extension for compliance with said conditions. Such requests for modification must be presented to the County Planning Director in written form and provide sufficient justification to consider the request. Such written requests to modify conditions of Rezoning approval or to grant a time extension shall be accompanied by the appropriate non-refundable fee as set forth in the adopted Planning and Zoning Fee Schedule.