Part III - NE Santa Cruz County Development Code

Chapter Three - Permit Requirements and Administrative Procedures

This chapter requires permits for land divisions and construction activity, including the clearing and grading of sites in preparation for construction. It also establishes permit application and review procedures, and procedures for appeals, variances, the enforcement of this ordinance, and amendments.

Permit Requirements

III.A. Permit Required. A permit shall be required for any division of land; any clearing, grading, construction, or reconstruction; and any change in land use, except as specifically exempted by III.D and E.

III.B. Class I Permits. The Class I permit application and review procedure is found at III.I. A Class I permit shall be required for:

1. the amendment of a subdivision plat;
2. the construction or installation of a single family dwelling on an existing or approved subdivision lot, on a parcel that is exempt from subdivision review, as explained by III.D, or on a nonconforming lot, as provided by I.E.3;
3. the establishment of a home occupation;
4. the construction or installation of an accessory building or structure that is not specifically exempted by III.E;
5. construction or installation of any sign that is not specifically exempted by Appendix K;
6. minor changes in existing commercial or industrial uses, including changes in nonconforming uses, as provided by I.F.4;
7. any other development that is not specifically exempted by III.D. or III.E, but does not require a Class II permit, including the replacement or enlargement of nonconforming buildings, as provided by I.F.3; and
8. clearing or grading preparatory to any development listed in III.B.1-7.

III.C. Class II Permits. The Class II permit application and review procedure can be found at III.J. A Class II permit shall required for:

1. the platting of a subdivision;
2. the construction or installation of high density residential, commercial, and industrial developments;
3. major changes of occupancy in existing commercial and industrial developments; and
4. clearing or grading preparatory to any development listed in III.C.1-3.

III.D. Exemptions for Land Divisions. Land divisions that are not defined as subdivisions by Arizona law shall be exempt. See "Subdivision" for that definition. Exemption of a land division does not exempt development of the lot or parcel created by that division from compliance with this ordinance.

III.E. Exemptions for Construction Activity. Activities listed here are not exempt from any applicable requirement of this ordinance, except the requirement for a permit. No permit shall be required for:

III.F. Application Forms. Applications for permits shall be submitted on forms provided by the county. All information, including the site plan, and all other maps, plans, drawings, tabulations, and calculations required to demonstrate compliance with this ordinance, shall be required for a complete application. The administrator may require submission of multiple copies of the application forms and supporting materials. Site plans and preliminary plats shall comply with the requirements of Appendix J.

III.G. Application Fees. Fees for each type of permit application and the other procedures established by this ordinance, including appeals and inspections, shall be established by resolution of the board.

III.H. Site Inspections. The filing of an application for a permit constitutes permission for the administrator to inspect the proposed site before acting on the application. Applicants for Class II permits shall be required to arrange a site visit for the commission and the interested public prior to the hearing on their application.

Permit Application and Review Procedures

III.I. Class I Permit Procedure. The Class I permit procedure provides for prompt review of plat amendments and minor developments, while assuring that they comply with this ordinance and are consistent with the Comprehensive Plan for NE Santa Cruz County. The Class I permit procedure shall be as follows:

1. The developer shall file a properly completed permit application form, the required supporting materials, and the required application fee with the administrator. Any permit approved on the basis of an incomplete application is void.
2. The administrator shall determine whether the proposed development complies with this ordinance. If the proposed development complies with all applicable absolute performance standards and has a cumulative score of zero or more on the relative performance standards, the application for a permit shall be approved. If the proposed development fails to comply with any applicable absolute performance standard or has a cumulative score of zero or less on the relative performance standards, the application for a permit shall be rejected. Where the proposed development is part of a larger development for which a Class II permit was previously approved, the administrator shall determine whether it is in compliance with the previously approved development plan and all conditions attached to that approval. Conditions may be attached to the approval of any permit, as provided by III.K.
3. The administrator shall notify the developer of the decision within 10 days, except as provided in III.I.4 and 5.
4. Plat amendments approved by the administrator shall also be reviewed and approved by the board. The administrator shall schedule such reviews at the next regular board meeting at which the agenda will allow proper consideration of the proposed plat amendment. If the board affirms the administrator's findings it shall sign the amended plat. The administrator shall notify the developer of the board's decision within 10 days.
5. The administrator may refer an application for a Class I permit to the commission. Such referrals shall be based on the administrator's written finding that the proposed development may have impacts that are not ordinarily associated with developments for which a Class I permit is required. The administrator shall schedule review of the referral for the next regular commission meeting at which the agenda will allow its proper consideration. The commission shall review the administrator's findings and may, upon confirming those findings, require that the application for a Class I permit be converted to an application for a Class II permit.
6. Any decision made by the administrator may be appealed to the BOA using the appeals procedure of III.N. A notice of appeal shall be filed with the administrator within 10 days after notice of the decision has been issued. Developers proceed at their risk during the appeal period.

III.J. Class II Permit Procedure. The Class II permit procedure ensures that developments that may have significant impacts comply with this ordinance and are consistent with the Comprehensive Plan for NE Santa Cruz County. The Class II permit procedure shall be as follows:

1. The developer shall file a request for preapplication review with the administrator at least five days before the commission meeting at which that review is requested.
   1. The administrator shall place the preapplication review on the agenda of the next regular commission meeting at which the agenda will permit its proper consideration.
   2. The commission shall conduct a preapplication review. This review is not a regulatory proceeding. It is an opportunity for the commission to be made aware of a possible development proposal and for the developer to be made aware of possible questions about that proposal and the applicable requirements of this ordinance.
   3. The preapplication review is also the time at which it is determined whether a proposed development is a large-scale development as defined by VI.EE or VII.AA. If the proposed development is large-scale, a large-scale development study shall be completed before an application is filed.
2. The developer shall file a properly completed permit application form; the required supporting materials, including a large-scale development study, if one is required; and the required application fee with the administrator at least 30 days before the regular commission meeting at which a hearing on the application is requested. Any permit approved on the basis of an incomplete application is void.
3. The administrator shall place a hearing on the application on the agenda of the regular commission meeting at which review was requested, or the next regular commission meeting at which the agenda will permit its proper review. Notice of this hearing shall be provided by:
   1. publication of at least one legal notice in the official newspaper, with that notice appearing at least 15 days prior to the hearing;
   2. posting on the site, in at least two places that are visible from a public right-of-way, with at least one posted notice for each 1,320 feet of adjoining public right-of-way;
   3. first class mail to potentially affected public service providers, including the Elgin Elementary School District and Sonoita-Elgin Emergency Services, Inc., and to interested parties who have formally requested such notice from the administrator; and
   4. first class mail to all owners of record of property (including public land management agencies) within 1,000 feet of the exterior boundaries of the proposed development, at least 15 days before the hearing. Where more than 50 certified mail notices would be required, the administrator may limit certified mail notice to the 50 nearest owners of record.
   5. the contents of hearing notices shall be as required by III.L.
   6. the actual cost of providing notice shall be billed to the developer, and is in addition to the application fee. No certificate of compliance shall be issued if payment has not been received.
4. Prior to the hearing, the administrator shall prepare a report on the proposed development or contract for professional preparation of such a report. Such reports shall include recommended performance standard checklists and be made available to the commission, the developer, and the public at least five days before the hearing.
5. Prior to the hearing, the developer shall arrange a site visit for the commission and the interested public. Notice of the site visit may be included in the hearing notice, but that is not required. The administrator shall give at least five days notice of the site visit to the commission and interested parties who have requested such notice by first class mail, email, or telephone. Consideration of an application for a permit may be postponed if inclement weather or other conditions prevent a site visit.
6. The commission shall conduct a hearing on the proposed development following the procedure established in III.P. At this hearing, the commission shall determine whether the proposed development is in compliance with this ordinance. If the proposed development complies with all applicable absolute performance standards and has a cumulative score on the relative performance standards sufficient to permit the proposed density, the application for a permit shall be approved. If the proposed development fails to comply with any applicable absolute performance standard, has a cumulative score less than zero on the relative performance standards, or has a cumulative score on the relative performance standards insufficient to permit the proposed density, the application for a permit shall be rejected. Conditions may be attached to the approval of any permit, as provided by III.K.
7. The administrator shall notify the developer and interested parties who have formally requested such notice of the commission's decision within 10 days.
8. The commission's decision may be appealed to the BOA using the appeals procedure of III.N. A notice of appeal shall be filed with the administrator within 10 days after notice of the decision has been issued. Developers proceed at their risk during the appeals period.
9. The developer may file a final plat with the administrator at any time after the Class II permit for a subdivision has been approved. Phased final platting is permitted by VIII.D. Review of the final plat shall proceed as follows:
   1. The administrator shall place review of the final plat on the agenda of the next commission meeting at which the agenda permits its proper consideration. No public notice or hearing is required for the review of final plats.
   2. The commission shall review the final plat and determine whether it is consistent with the Class II permit and this ordinance. If it finds that the final plat is consistent, it shall approve that plat and recommend that it be signed by the board. If it finds that the final plat fails to comply, it shall reject that plat and recommend that it not be signed by the board. Conditions may be attached to the approval of a final plat, as provided in III.K.
   3. If the commission approves the final plat, the administrator shall place it on the agenda of the next regular board meeting at which the agenda will permit its proper consideration. Commission disapproval of a final plat may be appealed to the board using the appeals procedure of III.N. A notice of appeal shall be filed with the administrator within 10 days after notice of the decision has been issued.
   4. The board shall determine whether the final plat is consistent with the subdivision permit and this ordinance. If it finds that the final plat is consistent, it shall approve that plat. If it finds that the final plat is not consistent, it shall reject that plat. Conditions may be attached to board approval of a final plat, as provided in III.K.
   5. The administrator shall notify the developer and interested parties who have requested such notice of the board's decision within 10 days.

III.K. Conditions. Conditions designed to ensure compliance with specific requirements of this ordinance may be imposed on the approval of any permit or variance, if a list of all conditions imposed is sent to the developer with the notice of the decision. That list shall specifically identify the provision/s of this ordinance each condition is designed to implement.

III.L. Hearing Notices. Hearing notices required by this ordinance shall provide the following information: the name and mailing address of the developer; the address of the proposed development or another general description by which the public can locate it; the present use of the site; the proposed use; the proposed number of residential lots or dwellings and/or the proposed square footage of commercial or industrial space; the date, time, and place of the hearing; and a statement of where and when application materials are available for public review.

III.M. Approvals Valid for Two Years. Permits shall be valid for two years from the date of approval, unless extended by a development agreement, as provided in Chapter 8.

Appeals and Variances

III.N. Appeals. Decisions of the administrator and commission may be appealed to the BOA using this procedure. This procedure shall also be used for appeals of commission action on final plats to the board. A notice of appeal must be filed within 10 days after the administrator's notice of the decision being appealed.

1. The appellant shall file a notice of appeal and the required appeal fee with the administrator.
2. The administrator shall place a hearing on the appeal on the agenda of the next regular BOA or commission meeting at which the notice requirements of III.N.3 can be met, and at which the agenda will allow proper consideration of the appeal.
3. The notice requirements for a hearing on an appeal from a decision of the commission to the BOA shall be the same as for a hearing on a Class II permit. See III.J.3. Notice of an appeal from a decision of the administrator or from a commission decision to the board shall be given by certified mail to the developer and the appellant, if the appellant is not the developer; and by first class mail to interested parties who have formally requested such notice from the administrator. The actual cost of providing notice shall be billed to the appellant, and is in addition to the appeal fee.
4. The BOA or board shall conduct a hearing on the appeal following the procedure established in III.P. At this hearing, the BOA or board shall determine whether the decision being appealed is consistent with this ordinance and the Comprehensive Plan for NE Santa Cruz County, and affirm, modify, or overturn that decision accordingly.
5. The administrator shall notify the appellant, noticed landowners, and interested parties who have formally requested such notice of the BOA or board action within 10 days.
6. BOA decisions may be appealed to superior court, as authorized by §11-807.D, ARS. Such appeals must be made within 30 days after notice of the BOA decision is issued.

III.O. Variances. Variances provide relief for landowners who, due to some unique physical characteristic of their property, would have no beneficial use of that property if this ordinance is strictly enforced. The need for a variance should be anticipated, and the variance obtained before filing an application for a permit.

1. The applicant shall file a complete application for a variance, all required supporting materials, and the required variance fee with the administrator.
2. The administrator shall place a hearing on the proposed variance on the agenda of the next regular BOA meeting for which the required notice can be given and at which the agenda will allow its proper consideration. Notice requirements for a hearing on a proposed variance shall be the same as for a hearing on a Class II permit. See III.J.3.
3. The BOA shall conduct a hearing on the proposed variance following the procedure established in III.P.
4. The BOA shall approve a variance only upon finding that:
   1. the need for a variance arises from physical limitations that are peculiar to the lot or parcel on which the variance is requested;
   2. failure to approve the variance will result in an unnecessary hardship because no reasonable conforming use of the lot or parcel is possible without the variance;
   3. the need for a variance has not been created by action of the owner; and
   4. approval of the variance will not be contrary to the general intent of this ordinance and the Comprehensive Plan for NE Santa Cruz County.
   5. conditions may be imposed on the approval of any variance, as provided by III.K.
5. The administrator shall notify the applicant, noticed landowners, and interested parties who have formally requested such notice of the BOA or board action within 10 days.

Hearing Procedure

III.P. Hearing Procedure. This procedure shall be followed in hearings required by this ordinance.

1. The presiding officer shall announce the purpose and subject of the hearing.
2. The presiding officer shall determine whether proper notice of the hearing has been provided. If proper notice has not been provided, the hearing shall be rescheduled.
3. The presiding officer shall ask if any member of the hearing body (commission, board, BOA) wishes to declare a conflict of interest in the matter to be heard and excuse any member who declares such a conflict from further participation in the hearing.
4. The presiding officer shall ask the administrator to present a report on the matter being considered. Following that report, the presiding officer shall direct questions from the hearing body to the administrator. Questions asked at this time shall be solely for the purpose of clarifying the location and nature of the matter being heard.
5. The presiding officer shall remind those present that all statements given must address the merits of the matter being heard, as measured by its compliance or lack of compliance with this ordinance and the Comprehensive Plan for NE Santa Cruz County.
6. The presiding officer shall ask for a statement from the developer, appellant, or applicant. Members of the hearing body may ask questions following this statement. Questions and replies shall be directed through the presiding officer.
7. Following the developer's or appellant's statement, the presiding officer shall ask for statements from the public. Persons giving statements shall begin by stating their name and mailing address. Members of the hearing body may ask questions following any statement. Questions and replies shall be directed through the presiding officer.
8. When all statements have been given, the presiding officer shall ask if any person who gave a statement wishes to speak in rebuttal to other statements or to clarify their statement. Neither new statements nor the introduction of new evidence shall be permitted at this time. Questions from members of the hearing body may follow each rebuttal or clarification. Questions and replies shall be directed through the presiding officer.
9. The presiding officer shall close the hearing and call for discussion resulting in action, as provided by this ordinance.
10. Written statements, plans, drawings, photographs, or other materials offered in support of statements at a hearing are part of that hearing's record and shall be retained by the county.
11. These additional procedures may be used without prior notice to assist in the conduct of large or controversial hearings:
    1. time limits may be imposed on statements given in order to ensure completion of its agenda, and
    2. persons wishing to make a statement may be required to register their intention to do so with the administrator before the hearing begins. The presiding officer shall then use the register to call on persons to present their statements.

III.Q. Hearings Recorded. The administrator shall keep a transcribable record of all hearings on file for at least six months after the hearing.

III.R. Decision Record. All decisions required by this ordinance shall be reported in written form, including, where relevant, completed performance standards checklists.

III.S. Decision Deadline. Consideration of permit applications and other matters for which a hearing is required by this ordinance may be tabled, but for no more than 30 days.

Enforcement Procedures

III.T. Certificate of Compliance.

1. A certificate of compliance shall be issued before any subdivision lot is offered for sale, lease, or occupancy, or sold, leased, or occupied OR before any development is occupied. A certificate of compliance indicates that an on-site inspection has shown that the development complies with this ordinance, including any conditions imposed upon its approval or in a development agreement. Occupancy of a development without a certificate of compliance shall be a violation of this ordinance, subject to the criminal and civil penalties provided by III.V.
2. A temporary certificate of compliance may be issued to permit temporary use of a building in cases where weather prevents the prompt completion of such required improvements as landscaping. No temporary certificate of compliance shall be issued for more than 180 days.

III.U. Enforcement Procedure. This ordinance may be violated by failing to obtain a permit or failing to comply with conditions of permit approval. Violations, which are subject to the criminal and civil penalties provided by III.V., shall be remedied as follows.

1. The administrator shall serve notice of the violation on the owner, or notify the owner of the violation by posting on the site and mail. The notice shall describe the violation, cite the section/s of this ordinance being violated, and order the occupant to attain compliance within 30 days or request a hearing.
2. A person who is served with or receives a notice of violation may request inspection by the administrator to show that compliance has been attained within the 30 days allowed, or:
   1. file a written request with the administrator for an extension of time to attain compliance, with such extensions being limited to a maximum of 60 days and culminated by an inspection to show that compliance has been attained; or
   2. file an appeal of the notice of violation, to be heard before the BOA, following the appeals procedure of III.N.
3. The administrator shall ask the county attorney to commence legal action, as authorized by §11-808, ARS, against any person who fails to attain compliance within the specified time, or to show, on appeal, that a violation has not occurred.
4. Where a permit is not subsequently issued, any site that has been cleared or graded without a permit, shall be promptly revegetated or otherwise stabilized to prevent accelerated runoff and soil erosion. Failure to comply with this requirement shall be a violation of this ordinance, subject to the criminal and civil penalties provided by III.V.

1. Violations are Class II misdemeanors, punishable by fines and imprisonment. Each day in which a violation continues is a separate offense.
2. Alternatively, the county may assess civil penalties for violations, in the same amount as the fines provided for a Class II misdemeanor. Each day in which a violation continues is subject to a separate penalty.

Amendment Procedure

III.W. Amendments. This ordinance may be amended using the following procedure.

1. Anyone desiring an amendment of this ordinance shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator. The application fee is waived for amendments initiated by the commission.
2. The administrator shall place a hearing on the application on the agenda of the next regular commission meeting for which the notice requirements can be met and at which time will allow its proper consideration. Notice requirements for a hearing on a proposed amendment shall be the same as for hearings on Class II permits (see III.J.3), except that:
   1. applications for text amendments do not require notice to neighboring landowners, except as required by III.W.2.c;
   2. notices of proposed zoning map amendments must explain how property owners within 300 feet of the exterior boundaries of the proposed zoning map amendment may file approvals or protests of the proposed amendment, including notice that if 20% of the property owners within 300 feet of the exterior boundaries of the proposed zoning map amendment file protests, the amendment must be approved by three-fourths of the board, rather than by a simple majority; and
   3. Arizona law requires that all property owners be notified of certain zoning amendments. See §11-829.2 and 3, ARS.
3. Prior to the hearing, the administrator shall prepare, or contract for professional preparation of, a report on the proposed amendment. Such reports shall address the consistency of the proposed amendment with the Comprehensive Plan for NE Santa Cruz County, and shall be made available to the commission, the applicant, and the public at least five days before the hearing.
4. Prior to a hearing on a zoning map amendment, the applicant shall arrange a site visit for the commission and the interested public. Notice of the site visit may be included in the hearing notice, but that is not required. The administrator shall give at least five days notice of the site visit to the commission and interested parties who have requested such notice by first class mail, email, or telephone. Consideration of an amendment may be postponed if inclement weather or other conditions prevent a site visit.
5. The commission shall conduct a hearing on the proposed amendment following the procedure established in III.P. At this hearing, the commission shall determine whether the proposed amendment is consistent with the Comprehensive Plan for NE Santa Cruz County, and recommend that the board approve or reject it accordingly.
6. The administrator shall convey the commission's recommendation to the board and, unless the application is withdrawn, place a hearing on the proposed amendment on the agenda of the next regular board meeting for which the notice requirements can be met and at which time will allow proper consideration of the proposed amendment. Notice of the board's hearing shall be the same as for the commission's hearing. See III.W.2.
7. The board shall conduct a hearing on the proposed amendment following the procedure established in III.P. At this hearing, the board shall determine whether the proposed amendment is consistent with the Comprehensive Plan for NE Santa Cruz County and approve or reject it accordingly.
8. The administrator shall notify the applicant and interested parties who have formally requested such notice of the board's decision within 10 days.

Sonoita Crossroads Community Forum
P.O. Box 1274
Sonoita, AZ 85637

© 2002 Sonoita Crossroads Community Forum