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Yavapai County Zoning Ordinance and Subdivision Regulations Update

Welcome to the Yavapai County Zoning Ordinance and Subdivision Regulations Update Document Review Portal!

This page will serve as the hub for all document review, and documents will uploaded as they are available. 

You can use the links at the top of the page to navigate to the draft documents available for review and comment.

Yavapai County Zoning and Subdivisions Assessment Report

Review the draft Assessment Report!

The window for the TAG’s review of the Assessment Report will close on August 15th!

Your input at this stage will help the consultant team of Logan Simpson to finalize the Assessment Report so that it can be presented at a joint work session of the Board of Supervisors and Planning and Zoning Commission on Thursday October 23rd at 9am. 

How to give input? As indicated on the green bar below, you can click anywhere on the document to comment. You do not need to register/sign in to provide comments. However, you will be asked to provide your name and email the first time you comment (if you come back at another time, you'll have to add your name and address again). Select "Summary" to select the specific section # on which you want to comment.

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This probably needs to be discussed with leadership ASAS (perhaps touched on during (Joint Session) as County just received application for a Utility Scale Solar project on 4,000 acres, which calls for large BES facility, which we have no standards for.
Worth elevating this discussion as ASLD controls approx. 20-25% percentage of the County's land base - much of it being environmental sensitive, etc. Would like to have key County staff, etc., participate in follow-up discussion with ASLD to reconcile competing land use needs and consensus forward to accommodate both growth and preservation, including how such areas are zoning, understanding one acre min. requirement.
Our Rt. 66 communities, and distressed and/or underutilized communities would be good candidates for this. Think Ash Fork, etc.
in reply to Matthew's comment
Growth Areas are obvious strategic location for mandating and/or incentivizing .
Yes, present to TAG.
in reply to Matthew's comment
When thinking of density bonus, keep in mind that the county doesn't have to give density away freely in its zoning code; it can use density bonus formulas to get things it wants in return and to offset some of the impacts of development.
Would be great if there were means to prioritize/reserve existing and planned future sewer services for denser forms of residential development and mixed use; particularly for clustered open space development, as the more you can cluster down to with sewer, the more open space you can set-aside.
Our clustering standards are woefully outdated. I've commented on clustering throughout. Would note that infrastructure improvements should not be calculated toward open space, which we regularly see. Would be helpful to also provide some successful examples from AZ.
in reply to Susan H.'s comment
Agreed!
However, there needs to be standards for expiring/revoking subdivision approvals for projects that haven't met certain obligations, such as provision of infrastructure improvements. Because there is no automatic sunset on approvals for incomplete/stalled projects, they lead to problems - particularly once property owners start purchases lots!
Sounds like an important question to raise with Jorden Law and reflected in the RFP for legal guidance. Ideally, it would be a combination, including minimum open space set-aside (e.g., 30%), and incentivized increments. Presence/opportunity for sewers will dramatically affect extent of density one can cluster to. This is also a very important topic worthy of educating the PZ and Commission on, along with soliciting input. Interesting question regarding prop. 207, if underlying yield/density remains baseline to increase density up from.
in reply to Andrea Shelton 's comment
Might be worth consulting with Jorden Law on this one.
in reply to Andrea Shelton 's comment
Comment
At minimum, larger subdivision proposals (e.g., above 35), should entail at least one public hearing. Irrespective of whether rules are followed, opportunity for public scrutiny and comment is tonic against potential for mischief. In my experience, public comment always generates valuable input that might otherwise be overlooked. Even if a project meets requirements, there's always room for improvement, and applicants are often willing to consider reasonable enhancements.
in reply to Matthew's comment
Particularly for historic downtowns
in reply to Matthew's comment
However, if the AZ State Land Department were amenable to serving as a Sending Area for Big Chino Wash and other critical natural resource areas, I'm all in.
in reply to Matthew's comment
Also wondering about ramifications once multigenerational aspect goes away. Hard to imagine such compounds remaining family-only, and would don't want to create disincentives for planned development. Allowing compound development could result in more isolated sprawl such as more intensive development of private inholdings within the National Forests, where such development should be discouraged.
in reply to Matthew's comment
Would like to discuss updating standards for PADs and clustering sooner than later as more of these keep coming and are anticipated at huge scale. Would like to see minimum OS requirement increased to 30%, with density and/or increased FAR for other increments, e.g., 45%, etc.
Comment
In my experience, an Overlay Zone applies to a specific underlying Zoning District, or portion thereof, such as a river corridor or other constrained area, businesses district, etc. I think the whole DRO sections needs an overhaul if overlays are to be utilized. They should be considered/discussed where better development planning outcomes could be achieved for significant and environmentally sensitive landscape features such as the Verde River and its tributaries.
Question
Would there also be any options for nonconforming lots subdivided between 1974-2006 when MLD permits and reviews were first required before division?
Comment
This looks interesting and could start with Planning Unit or wider discussion.
Question
Could you say which part of the statute, please? This question comes up on occasion and we currently just refer to ADRE, but it would be helpful to have the specific information.
11-831.G?
Question
How does right to picket fall under zoning standards?
Question
County Elections currently reference our Ordinance for political signs:

link

Are they able to continue with sign regulations outside the Zoning Code or does Reed v. Town of Gilbert affect that as well?
Comment
Some minimum parking makes sense when cars are the only means of access. As Matt said, we would need administrative procedures to make adjustments based on individual situations/constrained lots.

If public transit gains traction, this could be revisited for certain areas. The minimums also could be reduced when located in areas of higher density/business districts or near public parking areas.
Question
Would this be better than how they're currently allowed as manufactured homes with the state reviewing for HUD standards?
in reply to Phil Bourdon's comment
Comment
Currently, the first dwelling is always the primary dwelling. Establishing the primary dwelling is what allows for accessory uses on a residentially zoned property.

If it's built to guest home standards (or ADU standards in the near future), then a larger dwelling can be built later. Once the larger dwelling is built, the first dwelling would undergo a Change of Use to a guest home (ADU) designation.

Would calling it an ADU to start be better? It wouldn't be an accessory to anything yet. The benefit to the property owner might be allowing their residence a 5' setback. Would that be a way to skirt around primary setback requirements if they never end up building a "primary residence". Unless we want to consider 5' setbacks for everything in the side and rear yards.
Technical Edit
Add period.

Also, both are true - pools can't be in front yard and must be at least 5' from every property line.
in reply to Matthew's comment
Comment
Rather than removing the limit, could a multi-generational compound be a special administrative application with parameters to fit within the given density? There's already more opportunity for this with the ADU changes, providing there are reasonable ADU size allowances or administrative variances.

Once a dwelling is built, it probably won't be removed, so it wouldn't necessarily matter if the lot was or wasn't split to accomplish this. But the idea of clustering or sewer/shared septic requirements might be beneficial.
in reply to Matthew's comment
Comment
They should be included as subsections in the PAD section since their separation has always been confusing to people. Also as preferred options in the Subdivision Regulations.
Comment
Unlike all the others on the list, DRO isn't a specific district. If an overlay zone is created, it could be defined to apply to any of the Use Districts, which is what we currently have instead of "zones". Maybe it shouldn't be in this table?

This has always been confusing to people. My understanding is that the zoning of a property is made up of the Use District + Density District, with the possibility of an Overlay Zone on top of that.
Suggested Revision
This sentence seems a bit circular.
Maybe, "Zoning also establishes the defined districts or zones. The geographical distribution of districts or zones on a zoning map ensures consistency with the comprehensive plan."
in reply to Planning's comment
Question
And if we have a separate set of definitions for signs, wouldn't the other sections with specialized terms need to have their own sets listed in Part E?
Question
I'm not sure what rules of language construction and transition mean exactly. Style?
in reply to Stephanie's comment
Comment
We might have the animal keeping section with separate criteria for domestic animals, farm animals, and wild (per federal/state) animals.
Comment
This should also explore pigs as a domestic animal versus pigs as livestock.
Pigs kept as pets/domestic animals are not raised for food or market purposes.
Domestic pigs have a typical weight ranging from 90-250 pounds. We could put a weight cap in place along with a numeric allowance.

Any pig could be considered domestic dependent upon the owner's intent. If the intent is food/market it is livestock.
Please expand on the definition of a tiny home. (Rec Vehicle or site built?)
Comment
Consider keeping DRO for future county use. Further discussion needed.
Question
Why do signs terms need their own separate section?
I say yes!
Might be the wrong place to mention it but we should consider allowing modular homes to be placed on site-built only zones since they are constructed to the same codes.
I can foresee people thinking that weddings should be included in Meeting Facilities. we should be clear on the allowed uses of the Meeting facilities.
I think the keeping of animal's provisions should remain in the new Zoning Code.
We should certainly define whether or not we will allow storage containers to be considered a building material.
Comment
This would allow the existing wineries on Use Permits to operate in a by-right manner, correct? This could be truly amazing!
Should be sections, plural.
Question
Administrative Variance?
Suggested Revision
Remove the extra ))
Suggested Revision
2032
Comment
sorry to bombard you with the 2032