Adopt Zoning Ordinance 11-10 to approve Docket R-11-03, amending Article 20 and Section 2003 of the Cochise County Zoning Regulations to continue, change or modify non-conforming land uses, lots and structures in order to provide regulatory relief to property owners affected by catastrophic events declared emergencies by the Board, such as the recent Monument and Horseshoe II fires.

I. BACKGROUND

Per Article 20 of the Zoning Regulations, nonconforming lots or parcels of record are those having less site area than required for the zoning district in which it is located which lawfully existed either prior to January 1, 1975, or which was rendered nonconforming as a result of subsequent amendments to the regulations, may be developed provided the project complies with all applicable site development standards, such as setbacks and site coverage. However, any lot or parcel of record having less site area than required for the zoning district in which it is located which lawfully existed either prior to January 1, 1975, or which was rendered nonconforming as a result of subsequent amendments to the regulations may be developed provided the project complies with all applicable site development standards of the regulations.
Furthermore, per Article 20:

Any discontinuance of nonconforming uses as the result of destruction by fire, explosion, act of God or act of the public enemy, requires the future use(s) to comply with all requirements of the Zoning Regulations or amendments thereto for the zoning district in which such future use is located.

The proposed revision the Board of Supervisors will consider would allow property owners whose structures were damaged or destroyed by catastrophic events that the BOS declares emergencies (such as the recent Horseshoe II and Monument fires) and who wish to repair or rebuild structures deemed legal, non-conforming (or which existed prior to January 1, 1975) to be eligible for exemption from this requirement.

II. PROPOSED TEXT AMENDMENTS

The proposed text amendment to Article 20 is boldfaced below:

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 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.

B. In the event that a nonconforming use of land, building or structure is destroyed by fire, explosion, act of God or act of the public enemy, then the future use shall from and after the date of such destruction, be subject to all of these Regulations or amendments thereto for the zoning district in which such future use is located. However, property owners whose structures were damaged or destroyed by catastrophic events that the BOS declares emergencies, and who wish to repair or rebuild structures deemed non-conforming are eligible for exemption from this requirement.

III. PLANNING AND ZONING COMMISSION RECOMMENDATION

On September 14, 2011, the Planning and Zoning Commission unanimously (7 – 0) recommended that the Board approve the text amendment as proposed.

IV. Staff Recommendation

Staff recommends that the Board of Supervisors approve the proposed zoning regulation text amendment which would allow property owners whose structures are damaged or destroyed by catastrophic events, such as the recent Monument and Horseshoe II Fires, and who wish to repair or rebuild structures deemed legal, non-conforming to be eligible for exemption from this requirement.

If the Board of Supervisors approves Docket R-11-03, the County will have language codified in the Zoning Regulations to continue, change or modify non-conforming land uses, lots and structures in order to provide regulatory relief to property owners affected by catastrophic events declared emergencies by the Board.

The County would not provide regulatory relief for property owners impacted by catastrophic events declared emergencies by the Board of Supervisors with respect to non-conforming land uses, lots and structures.  Property owners whose non-conforming land uses, lots and structures impacted by catastrophic events, such as fire, explosion, act of God or act of the public enemy, would be subject to all of the Zoning Regulations applicable to the zoning district in which any future use(s) is located.

If approved, the Zoning Ordinance is to be signed by the Chairman of the Board and the Clerk of the Board. The Chief Civil Deputy will sign the document the week of September 18 and forward it to the Board of Supervisors for the required signatures prior to the September 27 Board meeting.