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Commission recommends zoning changes to align Navajo County ordinance with new state ADU and assisted‑living rules

Navajo County Planning and Zoning Commission · August 21, 2025
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Summary

Planning staff presented changes to Navajo County’s zoning ordinance to implement a new state law on accessory dwelling units and to add administrative procedures allowing deviations for assisted‑living separation requirements; the commission voted to recommend the text amendment to the Board of Supervisors.

The Navajo County Planning and Zoning Commission voted to recommend a text amendment to the county zoning ordinance that implements recent Arizona legislation on accessory dwelling units (ADUs) and establishes administrative procedures for deviations from separation rules governing residential care facilities.

Cody Cooper, planning staff, told commissioners the legislation (introduced as a House bill during the recent session and cited in the presentation as creating ‘‘ARS 11‑8 10.01’’) removes many local restrictions and requires counties to adopt compliant regulations by Jan. 1, 2026. Cooper said the new statute requires counties to allow at least one attached and one detached ADU on lots where single‑family dwellings are permitted; for parcels of one acre or greater, counties must allow a minimum of two detached and one attached ADU. He warned that if counties fail to adopt regulations by the required date, ADUs would be allowed without local limits.

Staff proposed several ordinance edits so the county would remain within the statute’s limits: adding an administrative deviation procedure for separation requirements for group homes serving disabled residents, removing minimum lot‑size and relative‑size limitations for guest houses, permitting guest houses within five feet of side or rear lot lines, and clarifying that park models or park‑model RVs used as ADUs will not automatically trigger manufactured‑home‑park or RV‑park permitting clauses.

Commissioners asked how the changes affect homeowners’ associations; Cooper said HOAs remain private entities and the county cannot enforce HOA rules, but building‑permit applicants will be required to acknowledge known deed restrictions or CC&Rs during the permit process. After a public comment period with no remarks, a commissioner moved that the commission recommend the ordinance changes to the Navajo County Board of Supervisors subject to staff recommendations; the motion passed by voice vote.

Next steps: the commission’s recommendation will be forwarded to the Board of Supervisors for final action; staff emphasized the county’s statutory deadline to adopt regulations by Jan. 1, 2026.