Lot Modifications

Purpose and Eligibility

On rare occasions, property owners find that they cannot comply with some of the site development standards required in the Zoning Regulations. The Lot Development Administrative Modifications process is available to grant relief in 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;
• Encourages originality, flexibility, and innovation in site planning and architectural design
• Minimizes procedural delays and ensures 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
• Can modify eligible site development standards listed below

The following site development standards may be eligible for a modification of up to 25 percent of the associated requirement:

• Height
• Minimum number of parking spaces
• Site coverage
• Setbacks

In addition, site area requirements may be modified as follows: For any lots 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. For any lots in a Zoning District with a minimum site area of more than one acre, the site area may be reduced up to 4 percent.

Application Process

1st Step-Notification

 A case planner will send a notification, by mail, to all property owners within 300 feet of your property boundaries. The notice includes a brief explanation of the request and a copy of the application. Adjacent property owners are informed that all comments they have regarding the request should be forwarded to the case planner. There is a 15-day time limit for comment receipt. Please note that it is recommended that you visit or write your neighboring property owners and explain what you want to do before a case planner sends out the official notice. Sometimes a simple explanation will help them understand the request.

2nd Step-Evaluation

During this 15-day waiting period, the case planner will evaluate the request 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 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 seven 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. This decision is based on the planning evaluation and any comments received from adjacent property owners. The case planner will 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.

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

Appeals

The planning decision 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.