YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE
Page 91
4. The same access that serves the main dwelling shall be used for the secondary medical
dwelling.
5. The owner shall record a covenant running with the land stating that the secondary medical
dwelling shall be removed from the property (if not a site built guest home) within ninety
(90) days of the date the secondary medical dwelling is no longer occupied by the person(s)
specified in the Secondary Medical Dwelling Variance.
6. The secondary medical dwelling will not cause adverse effects to surrounding properties.
7. The secondary medical dwelling is placed in order to meet separation requirements of
current applicable Building and Fire Codes.
8. The secondary medical dwelling shall be serviced by an approved on-site wastewater
system or sewer system.
C. The Land Use Specialist may attach additional conditions to the permit to mitigate adverse effects
to surrounding properties.
D. Appeals: Prior to the issuance of a Secondary Medical Dwelling Variance, property owners
within three hundred feet (300') of the subject property shall be notified by mail with said notice
posted on the property and given fifteen (15) days from the date of mailing of notice to file written
protest with the Land Use Specialist.
1. The notification shall include the approved sketch plan, the procedures and requirements
for submitting an appeal.
2. The written protest shall include the name and address of the person submitting the appeal
and reasons why the application does not meet the secondary medical dwelling variance
standards as set forth by this Ordinance.
3. The Board of Adjustment shall hear the appeal in accordance with Section 207
(Adjustment Board).
E. Action by the Land Use Specialist: A secondary medical dwelling variance may be issued by the
Land Use Specialist if no written protest is received and the standards, set forth above, are met.
F. Validity and extension of a Secondary Medical Dwelling Variance: A secondary medical
dwelling variance shall be valid for up to three (3) years and may be extended by the Land Use
Specialist. A property owner requesting extension of the variance shall submit to the Land Use
Specialist evidence that the Secondary Medical Dwelling Variance is still needed and that
conditions of the variance have been met. The Land Use Specialist may extend the Secondary
Medical Dwelling Variance for a period of three (3) years, and shall be demonstrated annually
by the property owner that the justification for which the Land Use Specialist authorized
occupancy of the secondary medical dwelling pursuant to performance criteria under Section 525
B.1 through B.8 remains necessary and is as represented to obtain the original variance.
G. Fee: The fee shall be in accordance with the standard fee for variances as approved by the Board
of Supervisors. Any fee submitted for the Administrative Medical Application shall be
applicable to the standard variance application.