HomeMy WebLinkAbout2020-02 WHEN RECORDED RETURN TO:
GINNY ANDERSON,CLERK OF THE BOARD
700 W.BEALE STREET
3RD FLOOR
KINGMAN,AZ 86401
MOHAVE COUNTY ORDINANCE NO. 2020-02
A RESOLUTION SETTING FORTH AN AMENDMENT TO THE MOHAVE COUNTY
ZONING ORDINANCE TO INCLUDE SECTION 37.Z SPECIAL EVENTS IN ORDER TO
PROVIDE REGULATIONS FOR TEMPORARY SPECIAL EVENTS.
WHEREAS,at the regular meeting of the Mohave County Board of Supervisors held on Monday,
February 3, 2020, 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, at the request of the County Attorney staff has created this amendment to address
Special Events that are not re-occurring or permanent in Mohave County. The purpose of this proposed
ordinance is to protect the health, safety, and welfare of visitors,event participants,and the general public
as well as prescribing a uniform permitting process for Special Events. The proposed regulations provide
for the planning and operation of Special Events for the benefit of enhancing event patron and participant
experience while minimizing adverse impacts to non-patrons including area residents and businesses,
emergency service providers, and the traveling public, and
WHEREAS, currently Development Services policy does not differentiate between small and
large events, and requires that all events receive approval from the Board of Supervisors. It also does not
have a set fee or a way to enforce non-compliance. The proposed ordinance allows for a Special Event to
be permitted administratively for events expecting less than 200 persons in attendance. For events
expecting 200 or more persons in attendance, Board of Supervisors approval is required. For events that
expect less than 50 persons in attendance, no permit is required. The proposed ordinance also allows the
County to shut down or seek a preliminary injunction for any event that does not meet the proposed
regulations. The Special Event Permit requires a fee of$250 for each application, 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 January 8, 2020, the Commission recommended APPROVAL of this Amendment to the Mohave
County Zoning 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 January 19,2020,and was posted on January
17, 2020, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations.
MOHAVE COUNTY ORDINANCE 2020-02 PAGE 2
NOW THEREFORE BE IT ORDAINED,that the Board of Supervisors,at their regular meeting
on Monday, February 3, 2020, ADOPTED this Ordinance to amend the Mohave County Zoning
Ordinance by adding Section 372 Special Events as follows:
Section 37. Z SPECIAL EVENTS—GENERAL PROVISIONS
Z. Special Events
1. The purpose of these regulations is to protect the health, safety, and welfare of visitors, event
participants, and the general public as well as prescribing a uniform permitting process for Special
Events. These regulations provide for the planning and operation of Special Events for the benefit
of enhancing event patron and participant experience while minimizing adverse impacts to non-
patrons including area residents and businesses, emergency service providers, and the traveling
public.
2. General Provisions
a. A Special Event is any temporary activity held indoors or outdoors, on public or private
property, in which the public is encouraged or invited to watch, listen, participate or
purchase goods and/or services with or without charge.
b. A Special Event Permit is required for any Special Event expected to have 50 or more
persons in attendance. A Special Event expecting 200 or more persons in attendance must
also be approved by the Board of Supervisors. Events on locations or in facilities that have
been zoned and developed to accommodate the event and public attendance associated with
the event, do not require a Special Event Permit.
c. A complete application for a Special Event Permit shall be submitted no later than 15 days
(for events expecting less than 200), and 45 days (for events expecting more than 200)
prior to the start of the event.
d. A Special Event Permit may be approved for one Special Event lasting no more than four
(4) consecutive days within a six (6) month period. If multiple Special Events are planned
or anticipated for the same property, or the Special Event is expected to extend more than
four(4)consecutive days in duration,the applicant shall obtain a Special Use Permit(SUP)
or rezone the property to an appropriate zone prior to the second event.
e. The applicant shall submit an application for the proposed Special Event. The application
shall include a summary of the activity and the day(s)-of-event operations, including the
following information and data as applicable. Reference relevant historical data where
possible:
i. Identify the property proposed for the event by legal description and Assessor's
Parcel Number.
ii. Event hours of operation, and venue opening and closing times.
iii. Anticipated daily number of participants, spectators,and onsite event support staff.
MOHAVE COUNTY ORDINANCE 2020-02 PAGE 3
iv. Periods of peak arrival and departure demand,parking demand,vehicle occupancy,
and types/use of travel modes other than personal passenger car vehicles.
v. Patron admission such as general/reserved seating and free versus fee-based.
vi. Location of venue access points, onsite parking areas, and overflow (offsite)
parking areas.
vii. Event type, market area, description of event performance(s) and/or fair/festival
theme(s).
viii. Number of event vendors and type of products served/sold including food, alcohol
and tobacco.
ix. When outdoor public address systems or musical entertainment will be provided,
describe the level of amplification and the description, number and location of
speakers.
x. Describe any other reasonably anticipated noise levels that are likely to occur and
the anticipated decibel level at the property boundary.
xi. Describe any proposed dust control measures.
f. The applicant shall obtain and submit copies of written acknowledgments confirming
Special Event notification coupled with any special requirements or conditions from the
following stakeholders:
i. Mohave County Sheriff's Office.
ii. Mohave County Public Works Department.
iii. Mohave County Public Health Department.
iv. Local Fire Department or Fire District.
v. Local Emergency Medical Services.
vi. Arizona Department of Public Safety and Arizona Department of Transportation
(If a State highway facility provides primary ingress/egress to the Special Event
venue).
g. The applicant shall obtain and submit copies of written commitments confirming provision
of onsite security, sanitary, and transportation services supporting Special Event
operations. Service providers may include the following entities:
i. Private security company and/or off-duty law enforcement officers.
ii. Event management company and/or transportation consulting firm.
MOHAVE COUNTY ORDINANCE 2020-02 PAGE 4
iii. Portable toilet vendor.
iv. Solid waste clean-up and removal vendor.
v. Traffic control contractor.
vi. Parking operations contractor.
h. Neighborhood and business notification via first-class mail is required if the applicant
proposes to have off-site parking, outdoor amplified sound, or street closures. In no
instance may the Special Event block access to businesses or residences without the
respective property or business owner's written permission. The notice must include:
i. A description of the event.
ii. Contact person and a phone number that people can call prior to, during, and after
the event.
iii. Set up and tear down times, and the anticipated attendance for the event.
iv. A sample notice will be submitted with the application. Staff must approve the
event notice before it is sent out. Notification must be sent out two (2)weeks prior
to the event. The Department will provide the applicant with a list of property
owners within the 300 foot notification boundary.
i. The applicant shall contact and provide proof of absolute indemnification and liability
insurance, in an amount directed by the Mohave County Risk Manager, naming Mohave
County as an additional insured.
j. Use of land in violation of this section shall constitute a public nuisance. Any person,firm,
or corporation violating this section is guilty of a class 2 misdemeanor. Each day during
which the illegal maintenance or use continues is a separate offense. The Mohave County
Sheriff's Office shall enforce any criminal violations. Development Services shall enforce
according to this ordinance.
k. Pursuant to A.R.S. § 11-815, if any land is or is proposed to be used in violation of this
Section, the Board of Supervisors by and through its authorized agent, the Development
Services Director, as well as the Mohave County Attorney's Office, are authorized to
institute injunction, mandamus, abatement or any other appropriate action or proceedings
to prevent, abate or remove the unlawful use. The County is authorized to use any lawful
means to enforce this Section.
1. A fee of$250 will be required for the processing of a Special Event Permit. 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.
PASSED,APPROVED AND ADOPTED THIS 3rd DAY OF FEBRUARY, 2020
MOHAVE COUNTY ORDINANCE 2020-02 PAGE 5
MOHAVE COUNTY BOARD OF SUPERVISORS
ATTEST
Jean Bishop, Chairman
Ginny Anderson, Clerk of the Board