Cochise County updates zoning rules to allow limited remand after special‑use appeals

The Cochise County Board of Supervisors on Sept. 16 adopted a staff‑initiated text amendment to the county zoning regulations to revise appeal procedures for special‑use authorizations, adding a narrowly defined remand option.

Planning staff described the change as a clarification of the appeal process for special‑use authorizations, which are first considered by the Planning and Zoning Commission and may be appealed to the Board of Supervisors. Under the amendment, the Board may affirm, reverse or modify a commission decision; the amendment adds an option to remand a case to the commission once per appeal when specific criteria are met.

During the presentation, Miss McLaughlin said the remand option is intended to allow late‑arriving but relevant evidence or testimony to be considered without bypassing due process and to provide a clear, single‑cycle remand process with specific directions and dates for the commission. “This amendment would introduce a remand option with clear criteria and single cycle limitation ensuring the board, may return a case to the commission only once per appeal,” McLaughlin said.

Staff told the board the amendment would improve transparency and fairness by allowing relevant new information to be considered at the commission level and then returned to the board for final action. The Planning and Zoning Commission heard the amendment on Sept. 10 and voted 8–0 to recommend approval, with no public comment recorded at that hearing.

The board adopted the ordinance by voice vote, recorded as 3–0 in favor. The amendment changes the county’s appeal process for special‑use authorizations but does not alter the substantive standards the commission uses to weigh the 10 factors already listed in the zoning regulations.

Board members who spoke praised the clarity the new language provides and urged applicants and affected parties to present all relevant evidence at the commission level to avoid remand.