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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 Ordinance Update– Section 537 (Accessory Dwelling Units (ADUs)) DRAFT

Technical Advisory Group (TAG) Review

The window for the TAG’s review of the Draft ADU Amendments will close on July 31st!

With the adoption of HB2928 by the state legislature earlier this year, the County is required to update existing Zoning Ordinance Section 537 (Guest Homes) to allow Accessory Dwelling Units (ADUs) on all lots or parcels zoned for residential use. Your input at this stage will help us to finalize the proposed amendments before they are presented to the Planning and Zoning Commission and Board of Supervisors for adoption.

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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Comment
Need to define "livable purposes."

Perhaps 'multi-night overnight occupancy' rather than livable?

Remove "usually" and require 'having access to heat, plumbing . . . . .'
Comment
See comment under B.1 - What about a lot or parcel which has two small livable structures, such as two 1000SF or two 900SF livable structures. I believe two of same size should be allowable if under a certain size (perhaps 1200 or 1000SF or less?).
Comment
This violets the R1L zoning to be site built. This could trigger a prop 207 as some of the higher end neighborhoods will NOT favor such an allowance. I am not in favor of this blanket allowance. Suggested adding "excepting within R1L Zoning District." bjr
Comment
This would allow any RV/Travel trailer to be made into an 'ADU.' Not in favor of such a provision. If we are required to allow by ARS, then I would recommend additional criteria and or definition in order to tighten this allowance to very narrow parameters. bjr
Comment
"Tiny Home" requires a specific definition. Does this mean anything produced which has labeled itself as a 'tiny home' - these may now be purchased off of amazon . . . . bjr
Comment
I would recommend simply making ADU's required to adhere to all standard setback requirements. Allowing livable structures to encroach up to 5' of side and rear setbacks sets precedent that county should simply reduce setbacks to 5' for ALL STRUCTURES. Very difficult to explain/defend why a storage shed, carport or other structure has different criteria than livable structures. bjr
Comment
Not in favor - this negates our standard district setbacks. How then can we deny a carport or shed to have the same 5' setback. NOT IN FAVOR. bjr
Comment
This blanket waiver may create parking issues on our small subdivision lots and would necessitate on-street parking which would cause safety issues as many private streets are not wide enough for on-street parking AND required width to allow Emergency Vehicles (specifically fire apparatus) to quickly/safely navigate the street.

I believe we DO NEED to require criteria for additional parking, especially the tiny subdivision lots. bjr
Comment
Add "Flood Control District" to the list bjr
Suggested Revision
Add an "a" between as and separately "... advertised as a separately leased long term ...."

- what about short term rentals???
Comment
if this 3rd ADU is not required by law, then drop this subsection entirely! bjr
Suggested Revision
If original SFR is small, say only 1,000 then an ADU may only be 750SF. Perhaps adding a criteria if primary/main SFR is a certain size (1,000SF or less), then the ADU may meet that same size? We actually have folks doing two small homes on the same lot. bjr
Question
What does this 1st sentence mean? "A property shall retain its single-family use status to the extent applicable." Either define/clarify what this is supposed to intend or delete. Seems to imply something which is not really defined. bjr
Not sure if BOS would support repurposing storage containers for ADUs - especially if we cannot include design standards to avoid unsightly construction.
Perhaps add that no additional driveway required.
I would suggest not including now and taking a wait and see approach. If at conclusion of Housing Study or later on in Code update process, assuming political support, we could reconsider. I would also favor allowing this in residential zones above 25,000 sq. ft. where served by centralized sewer and outside of any environmentally constrained areas.
Comment
I think 1,000 sq. ft. is very reasonable. However, if there was a standard MFH model in wide circulation that was a bit higher, I'd be OK with increasing. Perhaps consider adding a DS Director discretion to allow up to 25% increase in sq. ft. where certain criteria are met such as buildable area free of constraints, use of a MFH model necessitating that increase, or for any lot of an acre or more in size. Could also allow up to 1,300 sq. ft. in RCU-2, which works for most single wides.
in reply to Damian's comment
Suggested Revision
Perhaps add language, "If a new accessory dwelling unit will not be connected to a sewer system, a permit will be required to ensure adequate size and capacity."
Suggested Revision
Add word "Environmental" to list in A.1., as we will want to prohibit ADUs in certain constrained areas such as floodplains, steep slopes, rock outcroppings, etc.
Technical Edit
As Yavapai County is mostly on septic systems and not on a public sewer system, I feel it would be beneficial to stipulate that the ADU will be required to be compatible with the primary septic tank OR add to the primary septic via pony tank OR create a smaller, separate septic tank/system for ADU and the additional water fixture counts. Otherwise, already established septic tanks may become overloaded and ultimately fail under the extra loads.