Dockets R-11-06;07;09Zoning Regulation Amendments

Proposed Amendments to the Cochise County Zoning Regulations regarding Lot Development Administrative Modifications, Neighborhood Rehabilitation and Enterprise Redevelopment Areas, and Legal Nonconformances

Board of SupervisorsFebruary 14, 2012

Purpose of Proposed Amendments

Permit additional flexibility in how some of our site development standards are applied

Reduce procedural delays

More consideration of unique and unusual development situations, and encourage originality, flexibility and innovation in site planning and design

Benefits Applicants by reducing time and money to obtain permits

Important to remain cognizant of potential community impacts

Background R-11-06(Lot Development Administrative Modifications)

The purpose of Administrative Lot Modifications is to permit flexibility in how some of our site development standards are applied

Currently, the following site development standards may be eligible for a reduction of up to 20 percent:

Minimum setbacks

Maximum site coverage

Maximum building/structure height

Minimum required parking spaces

[For example, the minimum setback for permitted uses in RU-4 is 20-ft.; the process currently allows up to a 4-ft. administrative setback modification]

Furthermore, the process allows the minimum area of a particular site to be reduced as follows:  

  Any lots that are in a Zoning District with a minimum

site area of one acre or smaller (e.g., Residential), the minimum site area may be reduced up to 5 percent

Any lots that are in a Zoning District with a minimum

site area of more than one acre (e.g., Rural), the site area may be reduced up to 2 percent

Background R-11-06(Lot Development Administrative Modifications)

Proposed Amendments

The proposed substantive text amendments to Section 1715 are in boldface:

1715.01 Purpose

A. To allow flexibility in how some site development standards are applied to individual lots, but not to larger developments such as subdivisions

B. To provide flexibility in site development and building code standards that may be appropriate to facilitate improvements in Neighborhood Rehabilitation (NR) and Enterprise Redevelopment (ER) areas

 

 

Proposed Amendments

1715.02 Eligible Lot Development Standards 

A. The following site development standards may be eligible for a reduction of up to 20 25 percent: minimum setbacks, maximum site coverage, maximum building/structure height and minimum required parking spaces

B. 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 5 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 2 4 percent.

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For example…

Up to a 5-ft. administrative modification for those zoning districts that require 20-ft. minimum setbacks (minimum of 15-ft. would be allowed or 25% reduction)

Would allow a R-36 property (minimum lot size 36,000 sq.-ft.) to be reduced in site area up to 3,600 sq.-ft. (10% reduction)

Would allow a RU-4 property (minimum lot size 4 acres) to be reduced in site area up to .16-acre (minimum of 3.84 acres would be allowed or 4% reduction)

Questions?

Background R-11-07 (Neighborhood Rehabilitation & Enterprise Redevelopment)

Areas designated as Neighborhood Rehabilitation (NR) and Enterprise Redevelopment (ER) are comprised of a high number of deteriorating and incompatible uses

These areas generally have insufficient infrastructure

Residents have expressed interest in making improvements to the area.

In order to facilitate improvements, some flexibility in site development and building code standards exists.

Currently, however, specifics are lacking; the proposed amendments would codify the specific site development standards eligible for administrative modification, and the extent to which they may be modified

N

NR

ER

City of Sierra Vista

City of Sierra Vista

Fry Townsite

Proposed Amendments

Staff is proposing to apply the proposed requirements set forth for R-11-06 (Lot Development Administrative Modifications) to the NR and ER Areas

Proposed Amendments

The proposed text amendments to Article 4 are in boldface:

404.04 Designating Areas as Neighborhood Rehabilitation (NR)

E. Some flexibility in site development and building code standards may be appropriate to facilitate improvements (see Article 17 – Lot Development Administrative Modifications)

Proposed Amendments

404.05 Designating Areas as Enterprise Redevelopment (ER)

E. Some flexibility in site development and building code standards may be appropriate to facilitate improvements (see Article 17 – Lot Development Administrative Modifications)

Questions?

Background R-11-09 (Legal Nonconformances)

Per Section 2003 of the Zoning Regulations, a legal nonconformance is:

Any use of land, lot or parcel, building or structure which lawfully existing either prior to January 1, 1975, or which was rendered nonconforming with respect to site development standards as a result of amendments to the Zoning Regulations

Legal nonconformances are otherwise commonly known as “grandfathered” uses

Proposed Amendment

2003.02  Continuing Existing Uses 

A.  Any use of land, lot or parcel, building or structure, lawfully existing either prior to January 1, 1975, or rendered nonconforming as a result of subsequent amendments to these regulations, may be continued even though such use does not now conform with these Regulations. It is often difficult for owners and the County to find and produce evidence of use prior to January 1, 1975.  Accordingly, for purposes of determining use under this subsection, the use prior to January 1, 1975 may be inferred from the best available historical evidence, [but in all events any such evidence must demonstrate or suggest the use at least ten (10) years prior to the date of the determination of nonconforming use]

  

Currently, per Section 2003:

In the event a nonconforming use of land, building or structure is changed to a permitted use, or is discontinued for a period of 12 consecutive months, any future use is required to comply with all requirements of the Zoning Regulations

Background R-11-09 (Legal Nonconformances)

Proposed Amendment

2003.03  Discontinuance of Nonconforming Uses

A.  In the event that a nonconforming use of land, building or structure is changed to a permitted use, or is discontinued for a period of 12 36 consecutive months as a result of conduct within the control of or attributable to the property owner, any future use thereof shall be in conformity with these Regulations

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Questions?

Recommendation

Staff recommends that the Board of Supervisors approve R-11-06, R-11-07 and R-11-09 as proposed