Exemptions

Agricultural

Please reference the Agricultural Use Exemption forms and Agricultural Use Exemption Section 505 of the Yavapai County Planning & Zoning Ordinance.

Agricultural Use Exemption Forms

Yavapai County Planning & Zoning Ordinance

Mining/Metallurgical

"Nothing contained in any ordinance by this chapter shall: prevent, restrict or otherwise regulate the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five (5) or more contiguous commercial acres."

Mining/Metallurgical Use Exemption Application(PDF, 205KB)

Pre-Existing

The lawful use of any building, structure, or land existing at the time of the effective date of this Ordinance may be continued, although such use does not conform with the provisions hereof.

Discontinuance: If a non-conforming use shall be discontinued on a continuous basis for a period of twelve (12) months except as noted for dwelling units, any subsequent use shall conform with the provisions of this Ordinance. If the use of a dwelling unit as non-conforming lodging is discontinued on a continuous basis for a period of thirty (30) days, such use shall conform with the provisions of this Ordinance.
Wear and Tear: Nothing in this Ordinance shall prevent the reconstruction, repairing and continued use of a non-conforming structure or part thereof rendered necessary by wear and tear, deterioration or depreciation.
Restoration: Any non-conforming structure or a conforming building containing a nonconforming use, damaged, or destroyed by casualty or Act of God may be restored within a twelve (12) month period there from without impairment to any non-conforming status.
Change of Use: A non-conforming use may not be changed to another use unless or without complying with the provisions of this Ordinance.
Expansion: Except as otherwise specifically allowed in this Section, no increase in the extent of non-conformity of a non-conforming situation is permitted. In particular, no nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this Section. Pursuant to Arizona Revised Statutes §11-830, within any zoning district, subject to the granting of a Use Permit, a non-conforming business use may expand if such expansion does not exceed one hundred percent (100%) of the area of the original business. Such expansions shall be limited to uses of the same basic nature and character. Expansion shall be limited to the original parcel on which the use was located at the time it became non-conforming. For uses within a structure, the expansion shall be measured by floor area. For business uses not involving a structure, for example junk yards, truck yards.
Mixed Uses: Non-conforming and conforming uses and structures may be included on the same lot within limits of the District regulations for conforming use and structures.

Pre-Existing Use Exemption Application(PDF, 205KB)

Secondary Medical Dwelling Variance

Purpose: The purpose of Section 525 of the Yavapai County Planning & Zoning Ordinance is to grant authority to the Development Services Director to act on a request to allow a Secondary Medical Dwelling for the use of an ill, handicapped, or elderly person in need of special care or supervision, or a care provider for such person who is the resident of the main dwelling. All applications shall comply with all regulations, performance criteria and standards set out in Section 525 and as defined under Section 301 (Definitions) of the Yavapai County Planning & Zoning Ordinance(PDF, 7MB).

Before submitting your application, please review our comprehensive Secondary Medical Dwelling Variance – What to Expect. For more information or to schedule a Preliminary Planning Meeting (PPM), contact Planning at (928)771-3214.