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Cochise supervisors adopt zoning change allowing accessory buildings before homes in antiquated subdivisions
Summary
The Cochise County Board of Supervisors voted 3-0 to amend SR district rules in select antiquated subdivisions to allow accessory structures to be built before a principal residence and to allow those structures to be larger than the future home, with limits tied to existing site development standards.
The Cochise County Board of Supervisors on July 1 adopted zoning ordinance R-25-09, amending SR district accessory-structure rules for defined "antiquated subdivisions" such as SunSites Unit 2. The 3-0 vote implements a county staff and Planning and Zoning Commission recommendation to allow accessory structures to be constructed prior to a primary residence and to allow accessory structures that may be larger than the eventual house, provided they meet the SR site development standards.
The change applies only in specified antiquated subdivisions and not countywide. Planning staff said the amendment was intended to give property owners in older platted areas more flexibility and to reduce pressure to rezone to RU-4 solely to permit accessory buildings and manufactured housing. “Number 1, to allow accessory structures prior to a principal structure. And number 2, allow those accessory structures to be larger than the principal structure,” Planning staff member Mister Taylor said during the board presentation.
The amendment will be implemented via an overlay limited to subdivisions platted prior to current land-development regulations. Staff told the board that SR-174 (4 acres or more) is the target standard in those areas; SR-174 mirrors many RU-4 allowances except that SR-174 maintains a ban on mobile homes. Taylor said the commission recommended the narrower, subdivision-targeted approach by a 7-0 vote at its public hearing.
Supervisors and staff discussed potential loopholes and enforcement. Chairman Antonori asked whether applicants would have to provide a footprint for a planned house before building accessory structures; Taylor said most opt-out participants include both principal and accessory structure plans and that permitting and planning review would generally reveal deficiencies. Supervisor Crosby said the change “is gonna go a long way to solving the issue we had out there” but that the county would reserve the right to revisit the rules if problems emerge.
Staff noted the amendment is intended for properties generally four acres or larger in those antiquated subdivisions, and that accessory structures remain subject to height and site-development standards. Taylor also said the county’s primary compliance tool for out-of-permit work would be the permitting/code-enforcement process and that one common violation in remote subdivisions is occupied RVs without a temporary use permit.
The board adopted the amendment as presented and amended on a 3-0 vote. The ordinance change will be applied only to designated antiquated subdivisions; staff said implementation details and permitting processes will be handled administratively and appealed through existing channels if necessary.
The change follows concerns among some residents that zoning rules left property owners few lawful options other than requesting RU-4 zoning, which allows manufactured homes; the SR amendment is intended to provide an alternative path for owners in older, mostly undeveloped platted areas.
The board’s action was the culmination of a Planning and Zoning Commission recommendation and a public hearing process; the ordinance will take effect as provided by county procedure.
