Public Hearings 12.
Regular Board of Supervisors Meeting - 10:00 am
Development Services
- Meeting Date:
- 09/16/2025
- Title:
- Adopt Ordinance 25-19, R-25-04 Special Use Appeal Remand
- Submitted By:
- Christine McLachlan, Development Services
- Department:
- Development Services
Presentation:
PowerPoint
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
Christine McLachlan
TITLE
of PRESENTER:
of PRESENTER:
Development Services Director
Docket Number (If applicable):
R-25-04
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Adopt Zoning Ordinance 25-19 amending Article 2.48.160 (Special Use Authorizations) of the Cochise County Zoning Regulations to update appeal procedures and Board actions, as outlined in Exhibit A.
Background:
All special use authorization decisions of the Planning Commission are deemed final unless appealed to the Board of Supervisors. The proposed amendment expands the Board’s options when reviewing a special use authorization appeal. Currently, the Board is limited to affirming, reversing, or modifying a decision of the Planning Commission. A remand is a procedural action in which the Board of Supervisors returns a zoning or land-use matter to the Planning and Zoning Commission for further consideration, additional fact-finding, or reconsideration consistent with the Board’s direction. The Commission shall conduct a subsequent hearing, take additional evidence if necessary, and issue a new recommendation for the Board’s review. Introducing single-cycle remand authority ensures that decisions are based on complete and accurate information. Applicants and/or affected parties benefit from a structured process that allows late-arriving, relevant evidence to be considered without bypassing due process. The single-cycle limitation ensures the remand process cannot be used to delay decisions indefinitely.
This item was considered by the Planning and Zoning Commission during a public hearing on September 10, 2025.
This item was considered by the Planning and Zoning Commission during a public hearing on September 10, 2025.
Department's Next Steps (if approved):
The Department will update the Cochise County Zoning Regulations to reflect approved amendments.
Impact of NOT Approving/Alternatives:
The Cochise County Zoning Regulations would remain in effect without the proposed amendments. The Board of Supervisors will not be granted the authority to remand a special use authorization appeal docket to the Planning and Zoning Commission.
To BOS Staff: Document Disposition/Follow-Up:
Email a copy of the recorded ordinance to Christine McLachlan, case planner.