Judy Anderson, Planning Director
Cochise County Plannign & Zoning

When dogs are barking at 2:00 a.m., how many barking dogs are too many? When a cow chows down on your newly laid lawn who pays for this dinner? And what about that cute little neighbor girl who is raising her goat for a 4-H project? These are all questions that have been directed to Planning and Zoning staff during the course of my over 17-year career with the County.

The Zoning Regulations do not contain specific numbers defining when the number of dogs are too many. When we get a complaint we rely on language in the regulations stating that the number of dogs must be a number that can be considered reasonably accessory to a residential use. As a rule of thumb, 7 dogs on less than 2 acres, and 10 dogs on two acres or more has been considered accessory but the determination is made on a case-by case basis and can be appealed to a Board of Adjustment.  Keeping dogs or other pets beyond a reasonable number or lodging animals such as in a kennel or providing a rescue service are considered animal husbandry and require a special use or rezoning both of which include public hearings.

 The regulations state that a property owner must have a parcel of at least 36,000 square feet to keep livestock (cattle, horses, sheep, goats, mules, swine, asses and ratites, such as ostriches and emus). Corrals and areas where livestock congregates to feed or water must be kept 50 feet from the property line and be secured by a fence. EXCEPT and it is a capitol letter exception, none of these regulations apply if the property is exempted by ARS §11-830 for agricultural purposes, if the property is 5 or more contiguous commercial acres. To make matters even more interesting agricultural industries such as feed lots and dairies are not exempt and require Heavy Industrial zoning or special use approval to be permitted.

Leading up to the County fair in the fall we get inquiries as to whether the 36,000 square foot minimum lot size for livestock applies to 4-H projects. It does. In recognition of this important activity in a rural county such as ours, an update to the Zoning Regulations is proposing that the temporary care and feeding of two or fewer animals for 4-H and similar projects be exempted from this requirement.

Zoning Regulations can never capture every possible circumstance. So if someone calls and says my neighbor has 15 boa constrictors—is that allowed? We may have to think about it. I am pretty sure it is not a ratite. One thing I know for sure. We do not regulate ant farms—especially not if they are on 5 contiguous commercial acres.

NOTE TWO MEETINGS BOTH STARTING AT 4:00 PM: Tentative Planning Commission Agenda

February 13, 2008 meeting

R-08-01: Resolution revising the County Subdivision Regulations to require an Arizona Department of Water Resources determination of adequate water supply for subdivisions before final plat approval.

Docket CP-07-03: Amendment to the Cochise County Comprehensive Plan by adding a new sub-area plan for the Whetstone community entitled Whetstone Community Plan.

February 27, 2008 meeting

√ Z-07-21: Rezone 14.81 acres from TR-36 (Transitional-Residential District, allowing one dwelling per 36,000 square feet) to MR-2 (Multiple-Household Residential, allowing one dwelling per 3,600 square feet) to bring the zoning into compliance with the existing legal non-conforming status use: a 43 unit mobile home park including two single-family homes, three duplexes and 35 mobile home spaces.  An alternative zoning designation may be recommended, such as the TR-9 District (allowing one dwelling per 9,000 square feet), that more closely matches the existing density and site development standards. Location: 457 Mulberry Street in St. David.

√ SU-08-05:  Special Use for a public astronomy education center and accessory RV Park (for up to 4 RVs), hosting approximately 22 formal star-gazing events per year for up to 60 members and guests and individual star-gazing by members on 16 acres located several miles east of Sunizona, south of Highway 181, off S. Price Ranch Rd.

√ SU-08-06: Special Use for guest lodging or a bed and breakfast in two guest rooms in one structure located at 2176 W Patton Street, in St. David, Arizona.

We want to hear from you! Cochise  County Planning Department, 1415 Melody Lane,  Bisbee, Arizona  85603. Phone: (520) 432-9240 or toll-free 877-777-7958. Email: janderson@co.cochise.az.us  Webpage: www.cochisecounty.com.