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Navajo County adopts zoning changes to comply with new state ADU and assisted-living statutes
Summary
The Board adopted Resolution 26-2025 to add an administrative reasonable-accommodation process for assisted-living homes and update rules for accessory dwelling units after staff said the changes are required by new Arizona law and must be in place to avoid losing county regulatory authority.
The Navajo County Board of Supervisors voted to adopt Resolution 26-2025, approving zoning ordinance updates the county said are required by new Arizona statutes that take effect later this year.
Planning director Cody Cooper told the board the changes include a reasonable-accommodation administrative procedure for assisted-living homes to comply with ARS 11-8-20.02 and an update to allow accessory dwelling units (ADUs) and guest houses under ARS 11-8-10.01. "This is one of those ordinances where time is of the essence for Navajo County," Cooper said, noting the new ADU provisions take effect Sept. 26, 2025 and the county must adopt regulations by Jan. 1, 2026 to retain its authority to regulate guest houses.
Cooper said the assisted-living update addresses a 1,200-foot separation requirement for group homes for the disabled (defined in county text as homes with seven to 10 residents) and creates an administrative variance process so applicants can request reasonable accommodations under the Americans with Disabilities Act and the Fair Housing Act.
On ADUs, staff recommended allowing one attached and one detached guest house on lots where single-family residential use is permitted, and for parcels of one acre or larger to allow an additional detached unit. Cooper said the county must remove minimum-lot-size limits and some local conditions the legislature forbids, but noted the county can still ensure safety by enforcing building permits and denying applications that fail septic, sewer or other safety reviews.
Supervisor (functional label) asked whether the changes override private covenants; Cooper replied the county cannot regulate CC&Rs and homeowners’ associations but can deny permits on safety grounds such as insufficient septic capacity. "If they can't come within those safety regulations, then we would have the ability to deny a permit as it's a safety issue," he said.
The board approved the resolution after staff recommended adoption to ensure the county meets the statutory deadlines. The vote was recorded in open session as "ayes have it."
