HomeMy WebLinkAbout2016-07 iv!IlA i p tinfiII
FEE# 20160 A 3265
OFFICIAL RECORDS 400?
OF MOHAVE COUNTY
ROBERT BALLARD, ,.
COUNTY RECORDER ia "e+
09/23/2016 02:35 PM Fee: $0.00
PAGE: 1 of 3
MOHAVE COUNTY ORDINANCE NO. 2016-07
AN ORDINANCE AMENDING THE MOHAVE COUNTY ZONING ORDINANCE TO
INCLUDE SECTION 37.Y EXEMPTION PERMIT IN ORDER TO REDUCE UNNECESSARY
REGULATORY BURDEN FOR PROPERTY OWNERS CONSTRUCTING NON-HABITABLE
RESIDENTIAL ACCESSORY STRUCTURES ON PROPERTIES OF FIVE (5) CONTIGUOUS
ACRES IN SIZE OR LARGER, AS REQUESTED BY THE PLANNING AND ZONING
COMMISSION AT THEIR MARCH 9, 2016 MEETING.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on
September 19, 2016, a public hearing was conducted to determine whether approval should be granted for
an Amendment to the Mohave County Zoning Ordinance, as requested by the Mohave County Planning
and Zoning Commission, and
WHEREAS, at their meeting on March 9, 2016, the Planning and Zoning Commission directed
staff to research options for a new ordinance that could reduce unnecessary regulatory burden for property
owners constructing residential accessory structures on properties of five (5) contiguous acres in size or
larger. Development Services has also received requests from the general public that there be less
regulations on larger Mohave County parcels, and
WHEREAS,the department researched possible options in which property owners with more than
five (5) contiguous acres could construct accessory structures without having to obtain a building permit.
Part of the research included discussing options with the Chief Building Official to increase the maximum
structure size that would not require building permits from 120 square feet to 300 square feet with no
utility connections. This change would affect all County properties and not just properties of five(5)acres
;n size or larger, and
WHEREAS, on April 25, 2016, a meeting was held between Development services staff and
representatives from Supervisors Angius and Bishops' offices,to discuss the options that staff researched.
The consensus during the meeting was to draft up a Zoning Ordinance to present to the Planning and
Zoning Commission and the Board of Supervisors that would allow property owners with five (5)
contiguous acres or more of land, to construct non-habitable residential structures without a building
permit after receiving an Exemption Permit, and signing a release of liability waiver, and
WHEREAS, the following described Findings of Fact are for the above-captioned item:
a. All notices have been advertised and posted according to regulations.
b. The proposed action and effect comply with the Moh:,ve Count\ General Plan.
ORDINANCE NO. 2016-07 PAGE 2
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission
on July 13, 2016, the Commission recommended APPROVAL for this Ordinance, and
WHEREAS, the notice or hearing was published in the Kingman Daily Miner, a newspaper of
general circulation in Kingman, Mohave County, Arizona, on September 4, 2016, and was posted on
August 19, 2016, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations.
NOW THEREFORE BE IT RESOLVED,that the Board of Supervisors,at their regular meeting
on Monday, September 19, 2016, APPROVED this Ordinance as recommended by the Mohave County
Planning and Zoning Commission and outlined as follows.
Section 37.Y EXEMPTION PERMIT- GENERAL PROVISIONS
Y. Regulations for an Exemption Permit
1. Purpose. The purpose of these regulations is to reduce unnecessary regulatory burden for
property owners constructing residential accessory structures on properties of five (5)
contiguous acres in size or larger. Each structure that receives an Exemption Permit will be
exempt from the Mohave County's Building and Zoning Codes.
2. In order for a structure to be eligible to receive an Exemption Permit the following provisions
must apply.
a. The structure must be located on a property that is five (5) contiguous acres in size or
larger.
b. The structure can only be used for non-habitable residential accessory purposes.
c. Any structure built wholly or in part for habitation is not eligible to receive the
Exemption Permit.
d. Each structure that receives an Exemption Permit requires an application and a signed
waiver that releases the County of liability.
e. A fee of$50 will be required for the processing of each Exemption Permit application.
The fee will take effect upon completion of all legal requirements to assess new fees,
per A.R.S. 11-251.13 and A.R.S. 11-251.8. Such fee will be evaluated annually by the
Board of Supervisors.
ORDINANCE NO. 2016-07 PAGE 3
3. Setback and Height requirements.
a. All structures built under an Exemption Permit must have minimum setbacks from all
property lines of thirty (30) feet, and a maximum wall height of ten (10) feet.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF SEPTEMBER, 2016
MOHAVE COUNTY BOARD OF SUPERVISORS
11:14
Jean Bishop, Chairman
Ginny Anders►�i, Clerk \S2OV I S QRS,
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