Public Hearings 13.
Regular Board of Supervisors Meeting
Community Development
- Meeting Date:
- 09/27/2011
- Title:
- Building Safety Code Owner-Builder Amendment to include a provision for catastrophic events
- Submitted By:
- Mike Turisk, Community Development
- Department:
- Community Development
- Division:
- Planning
Presentation:
PowerPoint
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
Michael Turisk
TITLE
of PRESENTER:
of PRESENTER:
Interim Planning Director
Docket Number (If applicable):
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Provide regulatory relief for residents impacted by catastrophic events declared emergencies by the BOS.
Agenda Item Text:
Adopt Zoning Ordinance 11-11 to approve Docket R-11-04, amending the existing Cochise County Building Safety Code Owner-Builder Amendment Option, and to Section 508 of the Cochise County Zoning Regulations allowing property owners whose structures were damaged or destroyed by catastrophic events that the Board of Supervisors declares an emergency, and who wish to repair or rebuild on properties less than four acres to qualify for this option.
Background:
The purpose of the Owner-Builder Amendment is to exempt Rural Residential Owner-Builders located in the RU (Rural), SM (Single-Household/Manufactured Home Residential) or SR (Single-Household Residential) zoning districts, and have a parcel that is four acres or more, from compliance with the Cochise County Building Safety Code for a residential construction project. The amendment also allows such an Owner-Builder to opt to comply with the Cochise County Building Safety Code, but limit inspections. Such an Owner-Builder may also opt for compliance with the Cochise County Building Safety Code accompanied by full inspections. The proposed revision to the Owner-Builder Amendment would allow property owners whose structures were damaged or destroyed by catastrophic events that the BOS declares an emergency, such as the recent Monument and Horseshoe II Fires, who wish to repair or rebuild on properties less than four acres to qualify for this option.
Per Section 508 of the Zoning Regulations, for the purposes of application of building codes, qualifying land for Owner-builder Amendment Option shall include all lands in any Growth Area Category and lying within a Zoning District in which the minimum lot size is four-acres and the parcel is a minimum of four-acres. The Comprehensive Plan identifies Areas in the County by Growth Area Category (e.g., Category A (Urban Growth), Category B (Community Growth), Category C (Rural Community Growth), or Category D (Rural).
II. The proposed text amendment to Section 508 is boldfaced below:
Section 508
For the purposes of application of building codes, qualifying land for Owner-builder Residential Opt Out shall include all lands in any Growth Area Category and lying within a Zoning District in which the minimum lot size is four-acres and the parcel is a minimum of four-acres. Certain lands within the above Areas, as specified in the ordinance establishing building codes or that specified exemptions for Owner Built Rural Residential structures, as currently adopted or as may hereafter be amended, may be exempted from the Cochise County Building Safety Code by the Board pursuant to A.R.S. section 11-861 et. seq. Property owners whose structures were damaged or destroyed by catastrophic events that the BOS declares an emergency, and who wish to repair or rebuild on properties less than four acres may qualify for the Owner-builder Residential Opt Out.
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 to qualify for the Owner-builder Residential Opt Out to repair or rebuild on properties less than four acres in size.
Per Section 508 of the Zoning Regulations, for the purposes of application of building codes, qualifying land for Owner-builder Amendment Option shall include all lands in any Growth Area Category and lying within a Zoning District in which the minimum lot size is four-acres and the parcel is a minimum of four-acres. The Comprehensive Plan identifies Areas in the County by Growth Area Category (e.g., Category A (Urban Growth), Category B (Community Growth), Category C (Rural Community Growth), or Category D (Rural).
II. The proposed text amendment to Section 508 is boldfaced below:
Section 508
For the purposes of application of building codes, qualifying land for Owner-builder Residential Opt Out shall include all lands in any Growth Area Category and lying within a Zoning District in which the minimum lot size is four-acres and the parcel is a minimum of four-acres. Certain lands within the above Areas, as specified in the ordinance establishing building codes or that specified exemptions for Owner Built Rural Residential structures, as currently adopted or as may hereafter be amended, may be exempted from the Cochise County Building Safety Code by the Board pursuant to A.R.S. section 11-861 et. seq. Property owners whose structures were damaged or destroyed by catastrophic events that the BOS declares an emergency, and who wish to repair or rebuild on properties less than four acres may qualify for the Owner-builder Residential Opt Out.
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 to qualify for the Owner-builder Residential Opt Out to repair or rebuild on properties less than four acres in size.
Department's Next Steps (if approved):
If the Board of Supervisors approves Docket R-11-04, the County will have language codified in the Zoning Regulations which would allow property owners whose structures are damaged or destroyed by catastrophic events to qualify for the Owner-builder Residential Opt Out to repair or rebuild on properties less than four acres in size.
Impact of NOT Approving/Alternatives:
The County would not provide regulatory relief for property owners impacted by catastrophic events declared emergencies by the Board of Supervisors by disallowing property owners whose structures are damaged or destroyed by catastrophic events to qualify for the Owner-builder Residential Opt Out to repair or rebuild on properties less than four acres in size.
To BOS Staff: Document Disposition/Follow-Up:
If approved, the Zonng 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.