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Home My WebLink About2020-06 1111 E� � lR� '� �Q11 II WHEN RECORDED RETURN TO: FEE# 20200 9559 GINNY ANDERSON,CLERK OF THE BOARD .4 . 700 W.BEALE STREET OFFICIAL RECORDS � `L 3�FLOOR OF MOHAVE COUNTY KINGMAN,AZ 86401 KRISTI BLAIR, 1, .,.,,; ,,,w COUNTY RECORDER +:.�, ►Nw• 10/14/2020 03:14 PM Fee: $0.00 PAGE: 1 of 4 MOHAVE COUNTY ORDINANCE NO. 2020-06 AN ORDINANCE SETTING FORTH AN AMENDMENT TO THE MOHAVE COUNTY ZONING ORDINANCE, SECTION 19 — REGULATIONS FOR SINGLE FAMILY RESIDENTIAL OR "R-1, "R-O" ZONES, SECTION 22 —REGULATIONS FOR SINGLE- FAMILY RESIDENTIAL MANUFACTURED HOME OR "R-MH ZONES, AND 37.K - ESTABLISHMENT OF RECREATIONAL VEHICLES AND PARK MODEL UNITS — GENERAL PROVISIONS, TO ALLOW PARK MODEL UNITS AS AN ALLOWED USE IN AGRICULTURAL-RESIDENTIAL OR "A-R" AND RESIDENTIAL RECREATIONAL OR "R- E" ZONES, AND AS A USE ALLOWED AFTER ACQUIRING A SPECIAL USE PERMIT IN SINGLE-FAMILY RESIDENTIAL OR "R-1" AND THE SINGLE FAMILY RESIDENTIAL MANUFACTURED HOME OR"R-MH" ZONES. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on Monday, October 5, 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 their meeting on August 3,2020,the Mohave County Board of Supervisors directed the Development Services Department to investigate the potential for expanding the areas and zones where park models can be placed and present a report and recommendation to the Planning and Zoning Commission at their September 9, 2020 meeting for consideration and a recommendation to the Board of Supervisors. A letter from a constituent was read requesting that the zoning ordinance be amended to allow dependent park model units where ever manufactured homes were allowed, and WHEREAS, both the Mohave County Zoning Ordinance and State Statute consider park model units to be recreational vehicles. State Statute further defines park model units as being originally built on a single chassis, mounted on wheels or originally mounted on wheels and from which the wheels have been removed and designed to be connected to utilities necessary for the operation of installed fixtures and appliances that have a gross trailer area at least 320 square feet but no more than 400 square feet when set up. Under the State's definition, a park model unit has no containment capacity for water or sewage and must rely on those facilities/services to be provided on-site or via a public utility, and. WHEREAS, the Zoning Ordinance was revised in 2015, Mohave County had identified some park model units that did have containment capacity. The Zoning Ordinance breaks park models into two categories; dependent park models that have no containment capacity and independent park models that have containment capacity, and MOHAVE COUNTY ORDINANCE NO. 2020-06 PAGE 2 WHEREAS, according to the Ordinance, independent units can be placed where the ordinance allows recreational vehicles. Dependent units are allowed only in a recreational vehicle park, a manufactured home park when allowed by the management, or in an R-RV zone, and WHEREAS, site built residential structures are required by ordinance to be built to the 2012 International Residential Code. Each structure undergoes a plan review and multiple inspections before it can be occupied, and WHEREAS,manufactured housing is built to HUD standards and is inspected by the State Office of Manufactured Housing prior to being shipped from the factory. Once on-site,the unit must be permitted by the County and the State, and installed by a licensed installer, and WHEREAS, park model units are to be constructed to American Nation Standards Institute (ANSI) A 119-5. However, no government entity insures that units comply with that standard during or following construction; plans are not reviewed and the units are not inspected for compliance. Further, there is no agency requirement for setting or establishing the park model on the site, and there is no requirement for a licensed installer, and WHEREAS,the Building Division of Development Services developed a table (see Attachment A) showing the differences between construction standards for a site-built single family dwelling (2012 International Residential Code), a manufactured home (Federal HUD standards), and a dependent park model (ANSI A119.5). There are considerable differences between the three standards. ANSI A199.5 does not require certain fire safety requirements, does not have limitations on using ladders to lofts, and does not require independent plan review or inspection. Concerning electric construction requirements, ANSI notes that the units complying with the A119.5 standard are not intended as permanent dwellings or for commercial use, and WHEREAS,the Development Services Department recognizes the inconsistencies with allowing recreational vehicles and independent park model units in Agriculture-Residential(A-R) and Residential- Recreational (R-E) zones, but not allowing dependent park model units. However, the park model units are not constructed to the same standards as site-built homes or manufactured homes, and they are not subjected to the same plan review and inspection routines, and WHEREAS,two options were considered by the Department: 1. An Amendment that provided for dependent park model units to be allowed in Agricultural-Residential (A-R) and Residential-Recreational (R-E) zones as a permanent residence. Recreational vehicles are allowed as temporary residences in these zones currently. 2. In addition to allowing dependent park model units in Agricultural-Residential (A-R) and Residential Recreational (R-E) zones, allow dependent park model units as permanent housing in Single Family Residential (R-1) and Single Family Residential Manufactured Home (R-MH) zones, zones which currently allow manufactured homes, after receiving approval for a Special Use Permit, and MOHAVE COUNTY ORDINANCE NO. 2020-06 PAGE 3 WHEREAS, because the dependent park model units are not constructed to similar standards as site-built and manufactured homes,and park model units do not receive the same plan review or inspection oversight as site-built and manufactured homes, staff presented option 1, and WHEREAS,the following 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. c. Park model units are defined as recreational vehicles by the State of Arizona and the Mohave County Zoning Ordinance. d. Per State Statute, park model units must be at least 320 square feet but no more than 400 square feet. e. Dependent park model units must be connected to on-site facilities/services for water, sewer and other services. f. Park model units are to be constructed to ANSI A119.5 but no agency currently inspects to ensure that that standard is met. No independent plan review or inspection is required. g. There is currently no requirement that the park model be set by a licensed installer. h. ANSI 119.5 states that these units are not intended for permanent dwellings or commercial units. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on September 9, 2020, the Commission recommended DENIAL 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 September 20, 2020, and was posted on September 18,2020,as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT ORDAINEDAINED, that the Mohave County Board of Supervisors at their meeting on October 5, 2020, DENIED this Ordinance to amend Mohave County Zoning Ordinance as follows: (wording to be deleted is struck,wording to be added is bolded and double underlined): Section 37.K.3 — Establishment of Recreational Vehicles and Park Model Units — General Provisions: Amend Section 37.K.3. — Establishment of Recreational Vehicles and Park Model Units — General Provisions; Establishment of Park Model Units, as follows: 3. Establishment of Park Model Units a. A dependent park model unit, meeting ANSI A119.5,may be issued a zoning permit as a single family dwelling(permanent residence) in the Agriculture Residential or A-R MOHAVE COUNTY ORDINANCE NO. 2020-06 PAGE 4 zone, in the Residential Recreational or R-E z i ne or in a recreational vehicle subdivision,an R-RV(Single Family Residential/Recreational Vehicle)Zone,in RV parks or in manufactured home parks where allowed by Park Management upon meeting the following criteria. 1 De,endent Park Model Units must com r 1 with re i uirements of the Flood Control District. 2 De s endent Park M i del Units must be installed b a licensed in taller o manufactured homes, and according to manufacturer's instructions. 3 Des endent Park Model Units must be connected to on-site electric water and sewer facilities and services, or utility service. b. An independent park model unit may be established in the manner provided for a travel trailer or recreational vehicle. PASSED, DENIED THIS 5TH DAY OF OCTOBER 5, 2020 MOHAVE COUNTY BOARD OF SUPERVISORS Bi op, Chairman 8tilAin I I � 1 �Q��viso,�s Ginny Anderso lerk OaX90 o "P CC f _. m °cj ; .o ,* OITAT DEUa 'RIZOtiN