Lot Modifications

Development Administrative Modifications Process

On rare occasions property owners find that they cannot comply with some of the site development standards required in the Zoning Regulations, an administrative waiver, known as lot modification, may be granted to applicable circumstances. The Lot Development Administrative Modifications process is available to address these exceptional situations. This process:

  • Allows flexibility in how some of the site development standards are applied to individual lots, but not to larger developments such as subdivisions;
  • Eligible Site Development Standards
  • Encourages originality, flexibility, and innovation in site planning and architectural design
  • Minimizes procedural delays and ensure due process in the review of unique and exceptional development situations
  • Provides administrative relief from zoning requirements that do not affect adjacent properties and the nearby area

The following site development standards may be eligible for a reduction of up to 25%:

  • 10% for lots in a zoning district with a minimum site area of one acre or smaller.
  • 4% for lots in a zoning district with a minimum site area of more than one acre.
  • Height
  • Number of Parking spaces
  • Site area may be reduced:
  • Site coverage
  • Setbacks

Application Process

1st Step-Notification

Property owners within 300 feet of your property are notified of the application by mail. The notice shall contain a copy of the application and shall state that all comments concerning the proposed request must be forwarded to the Planning Department in writing within 15 days from the date the notice was mailed. The request will also be reviewed by pertinent County staff.

2nd Step-Evaluation

Based upon staff comments and those from affected property owners, the County Zoning Inspector will review the application. The proposed modification will also be evaluated to ensure that it will not:

  • Adversely impact traffic or traffic circulation, drainage, water conservation measures, sewage treatment systems, and other such systems.
  • Create a situation where the proposed use of the property will create a hazard or nuisance.
  • Substantially reduce the amount of privacy currently enjoyed by nearby property owners if the development were located as specified by the Cochise County Zoning Regulations.
  • Violate any provisions of the Comprehensive Plan, area plans, duly adopted master plans, or other provisions of the Zoning Regulations.

3rd Step-Decision

Within 7 working days after the end of the 15 day comment period, a decision will be made to either approve, approve subject to conditions, or deny the application. The Zoning Inspector shall, via certified mail, provide the applicant with written notice of the decision including 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 Zoning Inspector and the appeal deadline.

Appeals

The decision of the County Zoning Inspector may be appealed to the Board of Adjustment within 30 days of a decision in accordance with the provisions of Article 21 of the Cochise County Zoning Regulations (See related handout on Board of Adjustment Actions).

Informing Your Neighbors

It is recommended that you visit or write your neighboring property owners and explain what you want to do before the Planning Department sends out the official notice. Sometimes a simple explanation will help them understand the request.

Required Application Submittals 

Application Form must include:

  • Accurate site plan of the subject property
  • Description of the specific site development modification that you are requesting
  • Justification for the modification request