Planning & Zoning Applications

Amendments to the Zoning Ordinance
Any person, Town staff, commission or council may request an amendment to the text of the zoning ordinance (PDF). Only the property owner, commission or council may initiate an amendment to the zoning map. Prior to filing an application (PDF), a pre-application meeting shall be scheduled with the zoning administrator.

Following the pre-application meeting, the application shall be filed with the appropriate application fee and shall be accompanied by supporting documentation required by the zoning ordinance. This application requires planning commission review and recommendation and a decision by the Town Council.

Amendments to the Subdivision Ordinance 
Amendments to the subdivision ordinance (PDF) may be requested by any person or agency of any person or may be initiated by the Town Council or the planning and zoning commission. Prior to filing an application (PDF), a pre-application meeting shall be scheduled with the zoning administrator.

Following the pre-application meeting, the application shall be filed with the appropriate application fee and shall be accompanied by supporting documentation required by the subdivision ordinance. This request requires planning commission review and recommendation, and a decision by the Town Council.

Amendments to the General Plan
In accordance with the provisions of arizona state law, the council may update and amend the general plan (PDF). Such amendments or changes may be initiated by the council, commission, Town staff or by a property owner or his/her designated representative. Prior to filing an application (PDF), a pre-application meeting shall be scheduled with the zoning administrator.

Following the pre-application meeting, the application shall be filed with the appropriate application fee and shall be accompanied by supporting documentation required by the zoning ordinance and general plan. Arizona revised statutes § 9-461-06 (g) states in part that a major amendment to the general plan shall be approved by an affirmative vote of at least two-thirds of the legislative body. This application request requires planning commission review and recommendation, and a decision by the Town Council.

Board of Adjustment Appeal Cases
A request may be made to the board of adjustment by a property owner or his/her designated representative to hear and decide appeals in which it is alleged that there is an error in an order requirement or decision made by the zoning administrator in the enforcement the zoning ordinance (PDF).

The board may reverse, affirm, or modify, wholly or partly, any order, requirement, decision or determination as is necessary. The application (PDF) shall be filed with the appropriate application fee and shall be accompanied by supporting documentation required by the zoning ordinance.

Board of Adjustment Variance Cases
A request may be made to the board of adjustment by a property owner or his/her designated representative to hear and decide appeals for variances from the terms of the zoning ordinance (PDF), only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the zoning ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district.

Prior to filing an application (PDF), a pre-application meeting shall be scheduled with the zoning administrator. Following the pre-application meeting, the application shall be filed with the appropriate application fee and shall be accompanied by supporting documentation required by the zoning ordinance.

Exception Requests to the Subdivision Ordinance
A request may be made by a property owner or his/her designated representative for an exception from one or more of the requirements of the subdivision ordinance (PDF). The application (PDF) shall be filed with the appropriate application fee and shall be accompanied by supporting documentation required by the subdivision ordinance.

This request requires planning commission review and recommendation and a decision by the Town Council.

Final Plats
The final plat is the last stage in the subdivision approval process. Prior to filing an application (PDF), a pre-application meeting shall be scheduled with the zoning administrator. Following the pre-application meeting, the application shall be filed with the appropriate application fee and shall be accompanied by supporting documentation required by the subdivision ordinance.

No request for final plat approval shall be considered until the preliminary plat has been approved and all conditions of approval of the preliminary plat have been satisfied. This request requires planning commission review and a decision by the Town Council.

Home Occupation
Home occupations may be approved by the zoning administrator for any property, provided the home occupation is conducted by a resident thereof, and is clearly subordinate and incidental to the residential use.


Land Split & Lot Line Adjustment / Combination
All divisions of land made within the corporate limits of the Town of Cave Creek since July 8, 1986, the Town’s incorporation date, or upon the date of annexation to the Town. The allowable divisions of a property are based on the configuration of the original parcel. An original parcel is considered to be a property created prior to that particular property’s annexation to the Town. Lot splits shall be based on the property and not ownership.

A lot line adjustment / combination is where land taken from one parcel is added to an adjacent parcel.


Non-Conforming Use Modification Permit
Except as otherwise required by law, a lot, structure, or use legally established before the adoption of the zoning ordinance shall be considered a non-conformity and may be maintained or continued unchanged.

Vacancy
Any lot or structure, or portion thereof, occupied by a non-conforming use, which is or hereafter becomes vacant and remains unoccupied by the same nonconforming use for one year shall not thereafter be occupied, except by a use which conforms to this ordinance.

Destruction
If more than 50% of the area under roof of any non-conforming structure is destroyed, it may not be reconstructed. If less than 50 percent is destroyed, it may be reconstructed within a year provided the resulting structure complies with building codes.


Pre-Application Conference
For subdivisions, this is the first step of a three-step process which affords a subdivider the opportunity to discuss the proposed subdivision informally with the appropriate Town of Cave Creek’s planning department staff in order and to obtain advice prior to incurring the expense of preliminary plat preparation. A pre-application conference is required to all commercial and multi-family projects.


Preliminary Plats
A tentative map, including supporting data, indicating a proposed subdivision design, prepared by a registered civil engineer, a registered land surveyor, a landscape architect, or architect in accordance with this chapter and the statutes of the State of Arizona.


Rezoning Requests
An owner of real property within the Town, or that owner’s authorized representative, may, upon proof of ownership, apply for a change in zoning district boundaries (PDF) (rezoning) for that landowner’s property. If a rezoning application (PDF) filed by a owner of real property includes property not owned by the applicant, the application shall include the signatures of the real property owners representing at least 75% of the land in the area proposed to be changed.

If the subject rezoning request is not in conformance with the Town’s general plan land use element, a general plan amendment shall be required. The general plan amendment request shall be processed according to the requirements set forth in the Town of Cave Creek general plan.


Site Plan Review
Site plan review is intended to promote functional, safe, and attractive developments which maximize compatibility with surrounding developments and uses and with the natural environment. Site plans are only required where specifically identified in the zoning ordinance and are not required to obtain a building permit. Site plan review (PDF) focuses on the layout of proposed developments, including building placement, setbacks, access, parking areas, external storage areas, open areas, and landscaping.

Special Use Permit
Special uses (PDF) are those uses which are generally compatible with the land uses permitted by right in a zone, but which require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zone.

Only those uses that are listed as special uses in a zone, as set forth in the zoning ordinance, shall be allowed. A special use shall not be established until the associated special use permit and site plan have been approved in accordance with the provisions of the zoning ordinance.

Application Fee Schedule
View fees (PDF) associated with planning department applications.

Application Process
View the flowchart outlining the subdivision plat application and approval process.