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Cochise County Unincorporated
City Zoning Code

2.09 PLAN

AREA DESIGNATIONS AND MASTER DEVELOPMENT PLANS

2.09.010 PLAN AREA CATEGORIES AND DESIGNATIONS

The following Area categories and Plan Designations are hereby established, the boundaries of which are set forth on the Land Use Plan Maps of the Comprehensive Plan, incorporated herein by reference:

  1. There are six (6) categories of areas:
    1. Category A – Urban Growth Areas
    2. Category B – Community Growth Areas
    3. Category C – Rural Community Areas
    4. Category D – Rural Areas
    5. Master Development Plan (MDP) Areas
    6. Community/Neighborhood Area Plan Areas
  2. Plan Designations. As contained in the Cochise County Comprehensive Plan, there are seven (7) Plan Designations, each of which may occur in the categories indicated.
    1. Neighborhood Conservation (NC) (Categories A, B & C)
    2. Enterprise (ENT) (Categories A, B & C)
    3. Developing (DEV) (Categories A, B & C)
    4. Neighborhood Rehabilitation (NR) (Categories A, B & C)
    5. Enterprise Redevelopment (ER) (Categories A, B, & C)
    6. Rural Residential (RR) (Category D)
    7. Rural (R) (Category D)
  3. Other Plan Areas. Other Plan Areas, including Master Development Plans, community/neighborhood area plans, and specific area plans, may be established. These may either replace existing plan designations identified in this Section in total or may include specific policies, elements, or standards that modify, replace, or supersede other general requirements. These Plan Areas may contain elements that address specific land use(s), including, but not limited to, types of development, such as cluster/compact development, housing, circulation and transportation, recreation, public safety services and facilities, historic preservation, water conservation, agricultural/farmland preservation, open space, and natural resources.

2.09.020 ALIGNMENT OF ZONING DISTRICTS WITH COMPREHENSIVE PLAN DESIGNATIONS

The Plan Designations identified herein comprise the broad parameters for land use delineated in the Cochise County Comprehensive Plan, within which the orderly and well-planned growth and conservation of resources within the unincorporated areas of Cochise County may occur. Zoning District formation shall be consistent with the character of the Plan Designation or Area in which the site is located. No application will be accepted, and no public hearing will be scheduled to consider any proposed Zoning amendment that is not consistent with the applicable plan designation. Therefore, public hearings to consider Zoning changes shall be granted only for those Zoning Districts listed below as being permitted in the applicable plan designation unless otherwise provided for pursuant to an adopted community plan, area plan, neighborhood plan, master development plan, or unless an appropriate plan amendment is submitted in conjunction with the proposed Zoning change.

The Zoning Districts authorized within each respective plan or area designation are as follows:

PLAN DESIGNATION
PERMITTED ZONING DISTRICTS
Neighborhood Conservation (NC)
R-36, R-18, R-9, NB, SM-36, SM-18, SM-9, SR-43, SR-22, SR-12, SR-8, MR-1, MR-2
Enterprise (ENT)
NB, GB, LI, HI
Developing (DEV)RU-2, R-36, R-18, R-9, SM-87 (2-acres), SM-36, SM-18, SM-9, SR-87 (2-acres), SR-43, SR-22, SR-12, SR-8, MR-1, MR-2, NB, GB, LI, HI
Neighborhood Rehabilitation (NR)
Same as NC
Enterprise Redevelopment (ER)Same as ENT
Rural Residential (RR)
RU-36, RU-18, RU-10, RU-4, RU-2, SM-36 Acres, SM-18 Acres, SM-10 Acres, SM-174 (4-acres), SM-87 (2-acres), SR-36 Acres, SR-18 Acres, SR-10 Acres, SR-174 (4-acres), SR-87 (2-acres)
Rural (R)
RU-36, RU-18, RU-10, RU-4, RU-2, SM-36 Acres, SM-18 Acres, SM-10 Acres, SM-174 (4-acres), SM-87 (2-acres), SR-36 Acres, SR-18 Acres, SR-10 Acres, SR-174 (4-acres), SR-87 (2-acres), HI
HISTORY
Amended by Ord. 16-02 (R-16-01) on 7/26/2016

2.09.030 IDENTIFYING PLAN AREAS BY GROWTH AREA CATEGORY

The following principles shall be used as official guides in identifying plan areas as Category A (Urban Growth), Category B (Community Growth), Category C (Rural Community Growth), or Category D (Rural):

  1. Identifying Plan Areas as Urban Growth (Category A).
    1. The area has established or planned residential and/or non-residential development and has the potential to be annexed by an abutting incorporated city.
    2. The area can be adequately served by an adjacent community sewer system, potable water system, and fire district.
    3. Average residential lot sizes are less than one acre in size.
    4. The area provides major regional commercial and other non-residential services.
    5. Street improvements and urban site development standards (e.g., limitations on residential outdoor storage and requirements for asphaltic parking areas) are appropriate.
    6. The area has the potential for or is currently served by adequate drainage, transportation, and K-12 school systems, as well as organized recreational facilities that can serve high-density development.
  2. Identifying Plan Areas as Community Growth (Category B).
    1. The area to be designated has a moderate level of residential and/or non-residential growth.
    2. The area serves as a logical transition between urban growth and rural areas and/or has a distinctive community identity. It may serve as a commercial center or “townsite” for a rural community.
    3. The area has adequate water, access, drainage, and sewage disposal capability to accommodate medium to high-density development.
    4. In general, residential lot sizes are one-acre or less in size but may transition to larger lot sizes at the fringes of the area. Lots may have access to an on-site or off-site sewer facility and potable water and are commonly found in established subdivisions and manufactured/mobile home parks or historic town sites.
    5. Improved streets designated as arterial or collectors can support limited non-residential development.
    6. There is substantial potential for further development along with opportunities to preserve undeveloped lands such as open space and washes.
  3. Identifying Plan Areas as Rural Community (Category C).
    1. Residential and non-residential development is clustered in settlements on a variety of lot sizes as typified in established townsites and immediate environs.
    2. Other than arterials and collectors, roads are generally unimproved. However, increases in residential and non-residential development will likely warrant improvements, such as paving, in the future.
    3. Farming and ranching are prevalent activities adjacent to these areas.
    4. Non-residential enterprises generally serve the rural/agricultural community as well as visitors passing through if located on a major arterial road.
  4. Identifying Plan Areas as Rural (Category D).
    1. The outlying rural areas between cities and unincorporated communities are characterized by a low rate of growth; unimproved roads; low density, large lot rural residential development; agricultural production; and large tracts of undeveloped private and public lands.
    2. The area does not currently meet the criteria for inclusion in either A, B, or C Growth Areas.

2.09.040 GUIDING PRINCIPLES FOR AMENDING PLAN DESIGNATIONS

The following principles shall be used as official guides in determining whether a plan designation shall be amended:

  1. Designating Areas as Neighborhood Conservation (NC).
    1. The area to be designated as Neighborhood Conservation must be included in a Category A, B, or C Growth Area, established or enlarged in accordance with Subsections 2.09.030(1), (2) and (3).
    2. The area to be designated is a developed residential neighborhood that needs protection from non-residential uses; or
    3. The area is an approved subdivision for which all required improvements are in place and constructed to minimum County standards.
  2. Designating Areas as Enterprise (ENT).
    1. The area to be designated as Enterprise must be included in a Category A, B, or C Growth Area, established or enlarged in accordance with Subsections 2.09.030(1), (2) and (3).
    2. The majority of land uses in the area to be designated are commercial or industrial enterprises.
    3. Enterprise development has reached the level whereby additional residential growth within the area to be designated is undesirable to the parties in interest.
    4. The area to be designated contains, or can provide, sufficient dedicated public access, improved to County standards, to carry traffic that will be generated by and to such area.
    5. The carrying capacity of the land can accommodate enterprise uses.
  3. Designating Areas as Developing (DEV).
    1. The area to be designated as Developing must be included in a Category A, B, or C Growth Area, established or enlarged in accordance with Subsections 2.09.030(1), (2) and (3).
    2. Lands that are developed with scattered, mixed residential, business, industrial, and agriculture-related uses and that ultimately will accommodate future growth as the more populated areas reach build-out.
  4. Designating Areas as Neighborhood Rehabilitation (NR).
    1. The area to be designated is within a Category A, B, or C Growth Area.
    2. The area is a residential neighborhood with a high number of deteriorating dwellings.
    3. The infrastructure of the area is unable to provide for adequate public health, safety, welfare, and general convenience.
    4. There is community interest in improving the area.
    5. Some flexibility in site development and building code standards may be appropriate to facilitate improvements (see Section 2.48.150 - Lot Development Administrative Modifications).
  5. Designating Areas as Enterprise Redevelopment (ER).
    1. The area to be designated is within Category A, B, or C Growth Area.
    2. The area is:
      1. Comprised of a high number of deteriorating enterprise uses; and/or
      2. Has a large number of incompatible neighborhood and enterprise uses that are deteriorating.
    3. The infrastructure of the area is unable to provide for adequate public health, safety, welfare, and general convenience.
    4. There is some existing community interest in improving the area.
    5. Some flexibility in site development and building code standards may be appropriate to facilitate improvements (see Section 2.48.150 - Lot Development Administrative Modifications).
  6. Designating Areas as Rural Residential (RR). The “Rural Residential” (RR) plan designation is used to describe areas in Category D (Rural) areas with a definite pattern of residential development on larger lots, two acres, or larger in size. Due to the well-established residential character of these areas, Rezonings or Special Use Authorizations to allow for more intensive developments that do not directly serve the residents of these areas are not generally appropriate. Less intensive businesses that serve area residents may be appropriate.
  7. Designating Areas as Rural (R). Areas designated as “Rural” are identified as those remaining lands in Category D Rural Areas that are not designated Rural Residential. They are identified by one or more of the following characteristics: sparsely populated; larger lot sizes; agricultural production or grazing; availability of sites large enough for intensive industrial uses that cannot be accommodated in other growth areas; large expanses of private and public lands; and/or have developed and undeveloped recreational resources.
HISTORY
Amended by Ord. 12-03 (R-11-07) on 2/14/2012
Amended by Ord. 16-02 (R-16-01) on 7/26/2016

2.09.050 MAJOR AMENDMENTS OF THE COMPREHENSIVE PLAN

An amendment to the Comprehensive Plan shall be considered a “major amendment” if it would result in a substantial alteration of the County’s land use mixture or balance as established in the existing Comprehensive Plan land use element for that area of the County.

A “substantial alteration” is defined as an amendment of the Comprehensive Plan that would result in an increase in the potential densities or intensities of uses for an area of two thousand acres or more.

2.09.060 MASTER DEVELOPMENT PLANS

  1. Definition. A Master Development Plan is a duly adopted component of the Cochise County Comprehensive Plan that provides a detailed plan for the coordinated development of a specific area. A master development plan will address, at a minimum: basic densities and water adequacy; specific future land uses and boundaries thereof; the general character, extent, and location of major thoroughfares, collector streets, and other modes of transportation; major drainageways and flood control structures; open space; schools, parks, utility installation, and community facilities as applicable, for a designated area of Cochise County.
  2. Purpose. While growth category and community/neighborhood plan boundaries seek to guide growth and establish policies around and within existing rural service communities and urban areas, the purpose of a master development plan is to establish County policy regarding the future development of a specific area warranting more detailed planning. The adoption of a master development plan by the Board of Supervisors will serve as an amendment to the Comprehensive Plan and will replace the existing underlying growth category and plan designations for the property or properties that it addresses. Master Development Plans shall be required if one or more of the following are proposed:
    1. A proposed change of an existing Growth Category D, Rural Area, or Rural Residential designation to be applicable to an area that is not contiguous to an existing Growth Category A, B, or C area. This does not include amendments initiated by the Planning Commission.
    2. A proposed Zoning amendment for 10 acres or more if the amendment includes a mixture of new residential and non-residential Zoning Districts.
    3. A proposed Zoning amendment in Category A, B, and C Growth Areas for 160 acres or more where the proposed gross density will be greater than one residence per acre.
    4. A proposed Zoning amendment that includes a Planned Development (PD) Zoning District (see Article 2.42).
    5. A proposed Rezoning to Heavy Industry (HI) in a Category D area has the potential to include more than one principal use.
    6. A proposed major amendment to the Comprehensive Plan is submitted for the purpose of authorizing one or more development projects. This does not include major amendments initiated by the Planning Commission.
  3. Limitations. Master Development Plans shall not be adopted if they are incompatible with adjacent categories and designations or the policies of adopted community/neighborhood area plans, where applicable.
  4. Status of Master Development Plan.
    1. Master Development Plans constitute official guides for the Planning Commission, Board of Supervisors, and all County officials and agencies for accomplishing a coordinated, orderly, and well-planned development of specific unincorporated areas through Zoning Regulations, subdivision design regulations, floodplain regulations, the establishment of setback lines, road alignments, land use locations, and other methods provided by law.
    2. Master Development Plans constitute official notice to all agencies and to the public of the general lands for the development of the designated area.
    3. All development within an approved master development plan area shall be substantially in conformance with the provisions of that plan.
    4. All development within an approved master development plan area shall conform to all site development standards and the Cochise County subdivision regulations, as applicable, unless specifically waived or modified by the Board of Supervisors in the approval of the master development plan.
  5. Effect of Master Development Plans upon Zoning Changes and Subdivision Plat Approvals. In amending Zoning classifications, changing Zoning District boundaries, or approving subdivision plats for properties included within an adopted master development plan, the Planning Commission and Board of Supervisors may allow minor variations from that adopted plan for Zoning District boundaries, exact land use classification, or the exact character, extent, and location of major thoroughfares, collector streets, drainage ways, structures, open space, schools, parks, and other community facilities. However, in allowing these minor variations, the Planning Commission and Board of Supervisors shall not alter the policy set by the master development plan regarding basic densities, general boundaries of the various land use districts, and the general character, extent, and location of the major thoroughfares, collector streets, drainage ways, structures, open space, schools, parks, and other community facilities. If the Planning Commission and Board of Supervisors desire to alter the policy set by a master development plan, they may amend the plan by following the procedures set forth in Section 2.09.070 herein. Zoning amendments that conform to adopted Master Development Plans shall not be considered “spot” Zoning.
  6. Submittal Requirements for Master Development Plans.
    1. The Applicant shall submit a master development plan map, drawn at a scale of either 50, 100, or 200 feet to one inch, or at a scale approved by the County Zoning Inspector, which provides the following information:
      1. Title of the development, a legal description of the property, parcel number(s), name of the developer and registered land surveyor or engineer, date of the plan, a north arrow, and scale.
      2. A vicinity map showing the general location of the property, development, and any incorporated city boundaries within 3 miles of the development.
      3. Boundary lines and ties to at least two section corners or quarter corners, and dimensions of plan area boundaries. Section lines and mid-section lines shall be clearly designated.
      4. Existing land uses, existing zoning status, roads, and wash corridors within the designated area and within one-quarter (1/4) mile of the proposed plan area.
      5. Proposed sizes of the various types of lots or parcels to be developed (acreage or square footage).
      6. General topography, at 10-foot contour intervals, all drainage ways having a contributing drainage area of 150 acres or more, and all flood hazard zones.
      7. The major street layout, including existing major thoroughfares serving, traversing, abutting, or otherwise affecting or affected by the proposed plan area; proposed collector and arterial streets; existing easements and rights-of-way within the plan area.
      8. If more than one Zoning District is proposed, the boundaries of the different Zoning Districts.
      9. Locations of proposed and existing structures, land use locations, major off-street parking and loading areas, open space, trail circulation systems, public facilities such as schools, parks, or other recreation opportunities as applicable and approximate densities.
      10. General location of utilities, easements, and other service facilities.
      11. Intended phasing of the development, if applicable.
    2. The Master Development Plan Map shall be accompanied by a written report, to be adopted as a part of the master development plan that includes the following information:
      1. Methods of screening and buffering, where incompatible land use configurations necessitate protection for the proposed development or surrounding development.
      2. Provisions for creation, use, and maintenance of open space, recreation areas, habitat preservation, and/or scenic features of the land.
      3. General provisions for pedestrian, bicycle, and equestrian circulation throughout the development.
      4. A statement specifying how roads, State-approved waste disposal, water supply, fire protection, and utilities will be provided, with approximate timing and location, including closest sewer and community waterlines and capacity to serve this development.
      5. A statement specifying how amenities are to be provided (sidewalks, open space, parks, recreational facilities, streetlights, curb and gutter, landscaping), including approximate timing and location.
      6. Statement of general kinds of development standards intended to be controlled through deed restrictions (i.e., architectural design, building height, construction materials, common area development, and the maintenance, landscaping, screening, and buffering of individual sites).
      7. Statement of the projected population and anticipated impact of the development upon existing regional utilities and community facilities and services, including but not limited to water, electricity, sewer and solid waste disposal, schools and parks, police, and fire protection.
      8. An Analysis of Adequate Water Supply, issued by the Arizona Department of Water Resources, determining that sufficient water is physically available to meet the water demands of the development or a commitment to provide water service to the development by a water provider designated by the Arizona Department of Water Resources as having an adequate water supply.
      9. Projected trip generation for the entire project at completion. If the projected trip generation is of sufficient magnitude to significantly increase traffic, thereby reducing the level of service on one or more abutting or surrounding streets, or where existing demonstrable traffic problems have already been identified, such as a high number of accidents, substandard road design or surface, or the road is near, at, or over capacity, a traffic impact study including the following additional information is necessary:
        1. Survey of thoroughfares, existing and planned, within at least one-half mile of the proposed plan area and may extend to collector and arterial streets serving the site.
        2. Consolidation of existing traffic data; estimates of future traffic.
        3. Trip assignments and their effect on traffic flow along streets serving the site.
        4. Proposed thoroughfare alignments, capacities, signalization requirements, lanes, and intersection configurations.
        5. Timing and methods of rights-of-way improvements as necessary to serve projected traffic loads.
        6. The current level of improvement of major routes serving the site (i.e., built to County standards).
        7. An inventory and analysis of off-site improvements are to be made, with approximate timing for each phasing.
        8. Provisions for controlling access to major streets.
      10. Provisions for water conservation measures such as effluent reuse, recharge facilities, gray water systems, water harvesting systems, low-flow fixtures and appliances, deed restrictions governing water use, drought-tolerant landscaping including turf limitations, low flow irrigation, and others.
      11. Soils analyses for any proposed plan area shown on the most recent soil survey (USDA, Natural Resources Conservation Service) as containing soils having moderate to severe erosion hazards or corrosivity.
      12. 3-Dimensional renderings of the development proposal overlaid onto aerials or maps showing the visual context of the proposed development in relation to existing development and/or staking when appropriate to evaluate the impact on views.
      13. Statement of development, or phases, not to exceed five years from approval unless otherwise approved by the Board of Supervisors.
    3. Certain submittal requirements in Subsections 6,a and 6,b may be waived upon a determination by the County Zoning Inspector that they are not applicable or necessary to the proposed application.

2.09.070 PROCEDURES FOR AMENDMENTS TO COMPREHENSIVE PLAN

  1. Pre-Application and Public Participation Requirements. Applicants proposing any amendment to the Comprehensive Plan, including Master Development Plans, will be required to follow the procedures as stated in the Cochise County Comprehensive Plan under “Public Participation Requirements for Comprehensive Plan Amendments.” If the Comprehensive Plan amendment also includes a proposal to amend Zoning District boundaries, then the notification requirements set forth in Article 2.63 of these Zoning Regulations shall be applied instead.
  2. Public Participation Report Submittal Requirements. A report documenting the Public Participation Process shall be required as part of the application for amendments to the Comprehensive Plan. This report shall, at a minimum, include copies of notices; copies of all information provided to the public; any responses received from the public during this process; and a description of how the Applicant responded to this feedback.
  3. Application Requirements. Applications for amendments to the Comprehensive Plan, including master development plans, shall be made to the Planning Commission on a form provided by the County Zoning Inspector and shall be accompanied by the appropriate fee as set forth in the adopted Planning and Zoning Fee Schedule, Public Participation Report, Master Development Plan, if applicable, and supporting documentation. The Planning Commission may initiate amendments to the Comprehensive Plan upon its own motion.
  4. Public Hearing Requirements. Before approval of any change to the Comprehensive Plan, the Planning Commission shall hold at least one public hearing thereon, after giving at least 15-calendar days’ notice by publication once in a newspaper of general circulation in the County seat. In addition, the notice shall be published in a newspaper of general circulation in the area to be affected, or adjacent thereto, if the area affected is other than the County seat. A recommendation of approval by the Planning Commission shall require the affirmative vote of a majority of the members present.
  5. Recommendations Provided. At this hearing, the Planning Commission shall determine if the proposed amendment is consistent with the adopted goals and policies of the Cochise County Comprehensive Plan. The Planning Commission may recommend that the proposed amendment be approved as submitted, that it be modified or conditioned, or that it be rejected in whole or in part.
  6. Transmittal Requirements. Pursuant to Arizona Revised Statutes, 60-calendar days prior to the Board of Supervisors meeting, the Community Development Department shall transmit a formal notice of any major amendment or plan element to:
    1. The Board of Supervisors.
    2. All municipalities in the County.
    3. Each other County is contiguous to the County.
    4. The regional planning agency in the County (Southeastern Arizona Government Organization (SEAGO)).
    5. The Department of Commerce or any other State agency that is subsequently designated as the general planning agency for this State.
    6. Any person or entity that requests in writing to receive a review copy of the proposal.
    7. The military airport if the Comprehensive Plan or a portion, element, or amendment of the Comprehensive Plan is applicable to the territory in the vicinity of a military airport as defined by Arizona Revised Statutes.
  7. Board Action. After the Planning Commission makes its recommendation on an amendment to the Comprehensive Plan, the application shall be submitted to the Board of Supervisors for its consideration and official action. The Board of Supervisors shall hold one public hearing at which residents of the affected area and other members of the public shall be heard. At least 15-calendar days’ notice of the hearing shall be given by publication once in a newspaper of general circulation in the County seat. The Board shall consider protests and objections to the plan. The Board may adopt the plan as presented, impose conditions or modifications, or reject it in whole or in part. All proposed major amendments, as defined previously (Section 2.09.050), for a given calendar year shall be presented to the Board of Supervisors, with the recommendations from the Planning Commission, at a single public hearing to be held during the last quarter of each calendar year. Applications for major amendments will only be accepted from the first business day in January to the last business day of August to allow for proper public notice, analysis, and deliberation at this hearing.
  8. Area Plan Amendments. A community/neighborhood area plan or master development plan may be amended by the same procedure as herein established for its adoption.
  9. Schedule of Development. The Board of Supervisors may approve a master development plan conditioned upon a schedule for the development of the specific use or uses and associated improvements designated in the plan. This schedule shall not exceed five years unless specifically authorized by the Board. If at the expiration of any designated term, the developer has failed to comply with the applicable conditions, the Board shall schedule a public hearing to consider granting an extension, establishing an amended compliance schedule for development, or revoking approval of the master development plan. The owner or Applicant who requested plan approval, or any successor in interest, shall be notified of the hearing by registered mail.
  10. Revocation of a Master Development Plan. If the Board revokes its approval of a master development plan, the plan shall no longer provide a basis for any future development. If the developer has completed certain phases of the project as required by the approved plan, any such specific areas shall continue to be subject to the applicable, approved uses, densities, site development standards, and conditions of the master development plan. All uncompleted phases will be subject to the plan area, category, site development standards, and densities of the original Zoning District as if the master development plan had never been implemented until such time that a new Comprehensive Plan amendment is adopted and/or new Zoning District is approved.
HISTORY
Amended by Ord. 16-02 (R-16-01) on 7/26/2016

16-02 (R-16-01)

12-03 (R-11-07)