Questions submitted by Cochise County Planning & Zoning
Commissioner Carmen Miller at the Commission meeting of September 11,
2013 -- and not answered -- not even discussed.
Zoning Regulation Review
1) For our clarity & edification I would like us to hear a complete
explanation of ARS 11-813(A) and ARS 11-813(B) that states "The
commission shall formulate and draft the zoning ordinance" and then
submit its recommendation to the Board of Supervisors "for its
consideration and official action".
2) Again for clarity & edification; an explanation or discussion on
ARS 11-861 C.1. last sentence "If the board of supervisors adopts a
city code, it shall adopt, within 90 days after receiving a written
notification of a change to the city code, the same change or shall
terminate the adopted city code."
3) 102 Purpose (page 1) is clear enough; however, when it becomes
necessary to change enforcement of regulations on a regular basis it
becomes clear that changes are necessary to facilitate both some
oversight and the right of property owners to improve their property
according to their vision and/or needs, e.g. the consistent
modifications to driveways.
4) Agriculture General -- The intrusion into amount of ag production
seems to be over stepping the bounds and purpose of the zoning
regulations too far in advance. When people move to rural areas
they do so under the perception they will have the freedom to utilize
their property in a manner that serves them. The poultry feeding
operation seems to illustrate the point ... it is not the county's
business whether a person feeds 40 or 400 chickens. Clearly they
would undertake this endeavor only to supplement their income.
Huge industrial style operations that might resemble the greenhouses
north of Willcox would come under the industrial agriculture
5) Custom Butchering/ ... (page 5) – Custom has an er on it that needs removal.
6) Home Occupation -- sounds dangerously intrusive. What
consideration is given growth of start up operations or seasonal
flux? It sounds like one needs to check in with county officials
at each turn.
7) Home Occupation -- C seems in conflict with page 4 contract construction services.
8) 307 Uses Prohibited (page 19) seems onerous/overly legalistic and
not necessary to these zoning regulations. Statements such as
these are perceived as tyrannical by numerous residents in Cochise
County. As an example I refer you to the statement on special use
docket SU-13-15 (Ramirez) in support, citing Mudook v Penn. 319 'No
state can convert a liberty into a privilege & issue a license
& fee for it.' And Shuttlesworth v Birmingham AL 373 'If a
state does convert any liberty into a privilege & issue a license
& fee you can ignore the license & fee & engage the right
9) Whenever using acronyms there needs to be on the same page, close to
that usage preferably, what is being referred to in the shorthand.
10) Article 10, 1002 & 1003.01 Brings up Sections inconsistently.
11) 1405.04 (page 78) says inflammable when I suspect it should read flammable.
12) Article 16 -- unless there is an immediate and pending item for
this spot which we should know about and handle at this same juncture I
would like to see Future Amendments not placed in the middle of a
reviewed document, but in order in a later/ ending Article or end of
the related Article.
13) 1703 Administrative Rules (page 90) -- I am not comfortable that
the county zoning inspector can make up rules or policies that have not
14) 1715.06 Appeals (page 97) This whole appeals area needs to be cleaned up, clarified and functional.
15) 1715.05 Action on Application (page 99) J -- last sentence ... 'or
any other adopted area plan and/or those described in Article
18.' Does this open the door for the Sierra Vista Sub-Watershed
Conservation and Management Policy Plan to be used in the rest of the
16) 1802.16 (page 108) -- Once again, I do not see the benefit of
reserving a space in the middle of an article or the regulations for
17) 1814 Reserved for future use (page 130) -- Why?
18) 2101 Creation and Membership (page 169) -- How does this relate to the Board of Appeals that doesn't handle appeals?
19) 2103.01 (page 170) middle of the page -- Whenever Arizona Revised
Statues are referred to each applicable chapter and verse must be cited
right there by that reference to facilitate finding & review for
20) 2207.03 (page 177) -- cite the statute.
21) 2304 Penalties (page 182) -- This sounds onerous and I would like to hear the logic for such a big club.
22) I would like the opportunity to hear and consider the other
commissioners' concerns and thoughts on improvements to these zoning
regulations as well as hear from staff what is coming down the pike and
consider working to coordinate the entire review process as opposed to
the bits and pieces (excepting of course the water and animal
considerations previously set aside).