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Frequently Asked Questions
Land use in the unincorporated parts of the county is governed by the Santa Cruz County Zoning and Development Code, administered by the county's Community Development / Planning and Zoning Department in Nogales. The code applies within the county's "Area of Jurisdiction," meaning land outside the corporate limits of any municipality, and serves as the bridge between the county's Comprehensive Plan and individual development. The Comprehensive Plan is adopted by the Board of Supervisors and meets the requirements of Arizona Revised Statutes Title 11 governing county planning and zoning.
The Planning and Zoning Commission is a nine-member body, with three commissioners appointed from each of the three Supervisory Districts. Members serve as volunteers for four-year terms without compensation except reasonable travel and related expenses. The commissioners review and make recommendations to the Board of Supervisors on adoption of the Comprehensive Plan and its amendments, zoning changes, subdivision plats, Planned Area Developments, and other land development matters, and they review and approve Conditional Use Permits. The Commission meets at the Santa Cruz County Complex, 2150 N. Congress Drive, Nogales.
A rezoning is requested by filing a rezoning application with the Planning and Zoning Department. The Planning and Zoning Commission holds a public hearing and makes a recommendation, and the Board of Supervisors makes the final decision on the zoning change. The county also allows conditional rezoning, which is an affirmative action by the Board of Supervisors indicating that approval of a rezoning ordinance will follow once the applicant satisfies specified stipulations. Rezoning hearings require published public notice and mailed notice to nearby property owners as provided under state law and the county code.
A Conditional Use Permit is a permit granted at a public hearing by the Planning and Zoning Commission that authorizes a specific use of property where the zoning district lists that use as requiring a Conditional Use Permit. The Planning and Zoning Commission reviews and approves these permits, and the county also has a process for modification of a Conditional Use Permit. Decisions of the Commission on Conditional Use Permits and their modifications may be reviewed by the Board of Supervisors.
A request for a variance, a code interpretation, or an appeal of a code interpretation may be initiated by a property owner or an authorized agent by filing an application with the Planning and Zoning Department. To justify a variance there must be a hardship, something different about the parcel from other lots in the same area, that provides a reason the code should be applied differently to that one property. Appeals to the Board of Adjustment may be taken by any person who believes there is error in the interpretation of the ordinance or that unusual circumstances impose an unnecessary hardship; the appeal must state whether it seeks an interpretation or a variance and the grounds for the appeal.
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