The URL can be used to link to this page

Home My WebLink About2018-01 FEE# 20180 1422 OFFICIAL RECORDS � �' > A OF MOHAVE COUNTY $ ;, KRISTI BLAIR, COUNTY RECORDER •+ y��w 03/08/2018 08:16 AM Fee: $0.00 PAGE: 1 of 5 MOHAVE COUNTY ORDINANCE NO. 2018-01 AN ORDINANCE AMENDING THE MOHAVE COUNTY ZONING ORDINANCE, SECTION 37.L HOME OCCUPATION, TO ALLOW UPDATES TO BE MADE TO THE HOME OCCUPATION ORDINANCE TO ASSURE_ COMPLIANCE WITH CHANGES TO ARIZONA REVISED STATUTE 11-820. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on March 5, 2018, a public hearing was conducted to determine whether approval should be granted for an Amendment to the Mohave County Zoning Ordinance, as requested by Mohave County, and WHEREAS, Arizona House Bill 2233 introduced changes to A.R.S. 11-820, Restriction on regulation for home—based businesses. Changes were made to allow for uses that do not cause on-street parking congestion or a substantial increase in traffic through the residential area. Changes were also made to allow for up to two (2) individuals who are not residents of the primary dwelling or immediate family members to be employed at the home-based business, and WHEREAS, additional amendments to the Ordinance include requirements for a Department of Revenue's Tax Identification Number for all home-based businesses, and adding zones A (General), R-2 (Single Family Medium Density/Multi-Family Low Density), and R-M (Multiple-Family Residential) as zones that permit home-based businesses. Definitions for Clinic, Immediate Family, and On-Street Parking Congestion were also included, 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 Mohave County General Plan. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on February 14, 2018, the Commission recommended APPROVAL for this Ordinance, and WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, on February 18, 2018, and was posted on February 16, 2018, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. ORDINANCE NO. 2018-01 PAGE 2 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, March 5, 2018, APPROVED this Ordinance amending Mohave County Zoning Ordinance Section 37.1, Home Occupation as recommended by the Mohave County Planning and Zoning Commission and outlined as follows (wording to be deleted is struck; wording to be added is bolded and double underlined): Section 37.L HOME OCCUPATION—GENERAL PROVISIONS 1. Purpose and Intent. The purpose of these regulations is to permit home occupations that will not change the character of the residential areas in the County. The intent of these regulations is to promote aesthetic considerations, conserve property values, as well as protect the residential neighborhoods from excessive noise, excessive traffic generation, nuisances, and health and safety hazards as a result of a home occupation conducted in the residential zones. 2. Definitions: The following definitions apply to Home Occupations. Clinic: A place where medical specialists practice as a group. Immediate Family: A spouse, child, sibling, parent, grandparent, grandchild stepparent, stepchild or stepsibling whether related by adoption or blood. On-Street Parking Congestion: On-street parking in front of a property that is not associated with the home occupation business or in a manner that is hazardous to the public safety. 3. General Provisions a. A home occupation is permitted in the following zones: A (Generali, A-R(Agricultural- Residential), R-E (Residential Recreation), R-1 (Single Family Residential),R-2 (Single Family Medium Density/Multi-Family Low Densitvh R-O (Single Family/Manufactured Homes Prohibited), R-OA (Single Family Residential/Manufactured Homes Prohibited/Limited Animal Use), R-M (Multiple- Famft Residential), and R-MH (Residential Manufactured Homes). b. A Zoning Permit and appropriate fees are required. A home occupation shall only be allowed after obtaining an approved Zoning Permit issued by the Development Services Department. A Zoning Permit for a home occupation permit is issued to the applicant and is nontransferable. Appropriate fee as adopted by the Board of Supervisors. c. The use of the dwelling unit as a home occupation shall be clearly incidental and subordinate to its use for residential purposes. Any activity related to the home occupation shall be conducted within the enclosed portion of the principal building. d. Except child care and adult care, the home occupation must be conducted in an area not to exceed twenty-five percent (25%) of the principal residence. ORDINANCE NO. 2018-01 PAGE 3 e. Child care and adult care are limited to no more than four (4) individuals for compensation. f. A home occupation shall not be conducted in any accessory building or structure except for storage. A detached garage or accessory structure may be used for storage purposes but the storage area shall not exceed a total of two hundred (200) square feet. No storage of materials and/or supplies, including vehicles, which is hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood is allowed. g. No person(s), shall be engaged in the activities of the home occupation other than the following: members of the immediate family, residents of the primary dwelling, and no more than two (21 individuals who are not immediate family or residents of the primary dwelling. msid=i ra r-the premises, shall be engaged in the aetid ties of ho oeoupation. h. There shall be no exterior displays, no exterior storage of equipment, including unlicensed equipment and materials, and no exterior indication of the home occupation which may change the outside appearance of the principal residence or change the residential character of the building. i. An unlit non-permanent sign no larger than twenty-four inches by twenty-four inches (24" x 24") is allowed on the premises during business hours. Window areas must not purposely or intentionally be used as display areas or offer merchandise for sale.All other signs are prohibited. j. Home occupations Retail sales generating a substantial increase in traffic or on-street parking congestion customer- .,; exceeding the standards in this sectionals een"eted on p aneetion with a home occupation are prohibited. k. . . ..al r-esidenee or-install equipment or-machinery not eustomai=y in a residential area. A Tax Identification number is required in conjunction with the home occupation and in accordance with the Arizona Department of Revenue. 1. No open lot storage as defined by the Zoning Ordinance shall be permitted in connection with a home occupation beyond the storage requirement permitted for a residential use. m. The home occupation shall not generate substantial pedestrian or vehicular traffic in greater volumes than would normally be expected in a residential area. Total eustem sits related to the t,,,me oeoupation sha4l not exeeed five (5) visits per- eek n. Any need for parking as a result of the home occupation shall be located on-site and comply with Section 36 (Parking Requirements)of this Ordinance. . o. No home occupation requiring any equipment or processing which creates noise, vibration, glare, fumes, smoke and dust which disturb neighbors and alters the residential ORDINANCE NO. 2018-01 PAGE 4 character of the premises shall be permitted. p. Delivery trucks shall not operate out of a residential area as a function of a home occupation. -3-. 4. Prohibited Home Occupations. The following occupations, professions, and business activities of similar nature are prohibited as home occupations as defined in this Ordinance, but not limited thereto: a. Clinics, Hospitals, Animal/Veterinary Clinics, b. Restaurants, cafes, coffee shops, c. Auto/Truck/RV Repair Service, d. Licensed Day Care Facility, e. Building Contractor/Construction Activities, f Ambulance Service, Taxi Service, g. Beauty Salon or Barber Shops, which are not connected to sewer. h. Auto/Car Sales, Parts Sales, i. Commercial and Large or Major Residential Appliance Repairs (air conditioners, furnaces, washing machines, dishwashers, refrigerators, freezers, and similar appliances, and any appliance manufactured for commercial use). 4-. 5. Offices for certain home occupations, professions, and business activities may be permitted as home occupations, provided they adhere to the general provisions of this Ordinance and they do not violate any performance standard prescribed herein. -5-. 6. Occasional personal use involving sales on the internet, sale of a personal vehicle owned by the occupant, bringing work home from the primary work location or similar activity incidental to a residential use and does not violate the general provisions of this Section are not considered home occupations. 6-. 7. Enforcement and Revocation. a. A home occupation permit is subject to revocation upon thirty (30) days written notification by the Development Services Director if, in their opinion, the continued use of the home occupation is contrary to public health, safety, and welfare and violates the provisions of the performance standards. The notice shall be sent via certified mail to the owner's address written on the application for a home occupation permit. The owner may appeal the department's decision to revoke the permit to the appropriate Board of Adjustment in accordance to the provisions of Section 30 of the Mohave County Zoning Ordinance. b. A petition signed by fifty-one(51%)percent of the property owners residing within 300 feet of the home occupation may be submitted stating the alleged violation of one (1) or more specific performance standard(s) and initiate a public hearing to consider revoking the home occupation permit. The hearing will be conducted by the appropriate Board of Adjustment and the appeal process will be conducted in accordance with the provisions of Section 30 of the Mohave County Zoning Ordinance. ORDINANCE NO. 2018-01 PAGE 5 PASSED, APPROVED AND ADOPTED THIS 5TH DAY OF MARCH, 2018 7KA OF SUPERVISORS Gary W , innan ATTEST visogs Ginny And son, Clerk of the Board Q C cc m O n DITAT DEUS gRIMA