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~94~ . 34594 SK 2~17 P"G
OFFICiAL RECORDS O. ~OHAVE COUNTY AI.
*JOAN McCALL, nOHAVE CQUNTY RECORDER
Q6/08/9~ l:i~ P.M. PAGE i OF 7
HOHAV~ COUNTY BOARO OF SUPERVISORS
RECORDIMG fEE 0.00 He
M\CROFlLMED
RESOLUTION NO. 94-163
A RESOLUTION SETTING FORTH AN AMENDMENT TO SECTION 40 OF THE
MORAVE COUNTY ZONING ORDINANCE REGARDING REZONES AND AMENDMENTS
TO THE ZONING ORDINANCE.
WHEREAS, the Mohave County
public hearing on May 16, 1994,
should be made to Section 40
Ordinance, and
Board of Supervisors
to determine whether
of the Mohave County
held a
changes
Zoning
WHEREAS, in 1988 the Arizona State Legislature
A.H.S. 11-829 to clarify notice requirements, and
amended
WHEREAS, in 1991 the Arizona State Legislature
A.H.S. 11-829, concerning application requirements for
zoning district boundaries (rezones), and
amended
changing
WHEREAS, it is the intent of the Board of Supervisors and
the Planning and Zoning Commission to amend local ordinances to
be consistent with state statutes, and
WHEREAS, on April 13, 1994, the Mohave County Planning and
Zoning Commission held a public hearing concerning these changes
and via P&ZC Resolution No. 94-2 recommended them to the Board Of
Supervisors, and
WHEREAS, the proposed amendments to the Mohave County Zoning
Ordinance have been noticed according to the requirements in
A.R.S. Title 11, Chapter 6 and Section 40 of the Mohave County
Zoning Ordinance.
NOW THEREFORE BE IT RESOLVED, that the changes recommended
by unanimous vote by the Planning and Zoning Commission to
Section 40 of the Mohave County Zoning Ordinance are as follows,
wi th new language balded and old language st;ruCll:
RESOLUTION NO. 94-163
Page 2
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Section 40 AMENDMENTS TO ZONING DISTRICTS
A. IJ1itiation
1. A person desiring an amendment or change in the zoning ordinance, changing the
zoning district boundaries within an area previously zoned, shall initiate such an
amendment by filing a p~tition.in favor of an application requesting the change with the
Board of Supervisors. This,pt'tition mllst b~ accompani~d by the-writtcnl::ons~!lt of at-least
fifty Oll~ (51 %}of the oWllers ill number and arsa, ef-allother prep~rti~s, any"part-ef
which is witbiH three IlllFldf~d-(3O{)!.}-feet of th~ pfOpo~ed changs. If.the'p<ltitioll is for a
Ghange.eklassification,there shall not b~ eGunted, eith~r in !lUmber or area, th~ oWllers-m
land ef th~ same clacsificatieB as sought by the p~titionefS. Upon receipt of the
application, the Board shall submit it to the Commission for a report.
2. The Planning and Zoning Commission may initiate an amendment by a r~solution-of
inwntiell, A person dcdring all arnmdment to th~ zGning~rdillallc~ district boundaFies
may r~~uest,'at a reg\Jlarl~eduled-pllblic m~~tillg-oHhc Plallllillg anQ.-Zoning
Commission, that the-Commission propos~ such a rcsollltiell of-intentian positive vote of
members present.
B. Public;,J1ellring
1. After an amendment is properly initiated under either Section 40 A.I or Section 40 A2,
the Commission, after giving at l~ast fifteen (15) days Heticethercof by at l~ast une{B
pllblicatioll-a-newspaper of g~ll~raI.circulatioll ill th~ County scat, ami by posting of the
art'as-inclllded in th~ prol'osed,ebang<r, notice as required in Section 40 C, shall hold at
least one (1) public hearing on the proposed amendment.
2. The Commission may have as many additional hearings or continued hearings on any
initiated amendment as may be deemed necessary for public necessity, convenience, and
general welfare, provided that each and every public hearing comply with the notice
requirements of Section 40.C.
3. Upon the approval or disapproval of any initiated zoning amendment, the Commission
shall make a report of its findings and recommendation to the Board of Supervisors within
thirty (30) days after completion of the said hearing.
C. Notice
1. The commission shall send notice by first class mall to each real property owner as
shown on the last assessment of the property within three hundred feet of the
proposed amendment or change. Notice shall also be sent to each county and
municipality which is contiguous to the proposed change. At a minimum, the notice
shall include the following:
a. The date, time, and place of the public hearing,
b. A general explanation of the matter to be considered,
c. A general description of the area of the proposed change,
PAGE 2 OF 7
~K 2417 PG 43 (FfE*94-34594l
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RESOLUTION NO. 94-163
Page 3
d. An explanation of how the property owner within the zoning area may
file approval or protests to the proposed change, and
e. Notification that iftwenty per cent of the property owners by area and
number within the zoning area file protests, an affirmative vote of three-
quarters of all members of the Board will be required to approve the
change.
2. Prior to holding a public hearing, the commission shall give notice thereof by at
least one (I) publication in a newspaper of general circulation in the county seat or a
newspaper of general circulation in the area of the proposed change.
3. In proceedings involving one or more of the following proposed changes or related
series of changes in the standards governing land uses, notice shall be provided In the
manner prescribed by Section 40.I.C.3.
a. A ten per cent or more increase or decrease in the number of square feet
or units that may be developed.
b. A ten per cent or more increase or reduction in the allowable height of
buildings,
c. An increase or reduction in the allowable number of stories of buildings.
d. A ten per cent or more increase or decrease in setback or open space
requirements.
e. An increase or reduction In permitted uses.
4. In proceedings governed by Section 40.1.C.2" the county shall provide notice to
real property owners pursuant to at least one of the following notification
procedures:
a. Notice shall be sent by first class mail to each real property owner, as
shown on the last assessment, whose property is directly affected by the
changes.
b. The county shall publish such changes prior to the first hearing on such
changes In a newspaper of general circulation in county seat. The changes
shall be published in a "display ad" covering not less than one-eighth of a
full page.
5. The commission shall post the area included in the proposed change, The posting
shall be in no less than two places with at least one notice for each quarter mile of
frontage along perimeter rights-of-way so that the notices are visible from the
nearest public right-of-way.
PAGE 3 OF 7
BK 2417 PG 49 (FEE+94-J4594)
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RESOLUTION NO. 94-163
Page 4
CD. Action by the BoarQ.9f 5!!pervisors
1. Upon receipt of the Commission's recommendations, the Board shall hold a public
hearing, wherein at least fifteen (15) days notice of which shall be given by one (1)
publication in a newspaper of general circulation in the County seat, by posting the area
included in the proposed change. After holding the hearing, the Board may adopt the
amendment, but if twenty (20%) percent of the owners of property, by area and number,
within the zoning area file a protest to the proposed change, then the change shall not be
made except by tns 1I1l3nimells a three-quarters vote of all members of the Board.
E. Reaoolication
No person, including the original applicant, shall re-apply for the same change of zone
on the same plot or lots wIthin a period of one (1) year from the date of the final
decision or denial of such previous application except in cases where extraordinary
circumstances have caused a need for reevaluation of all property in the general area.
PAGE ~ OF 7
3K 2417 PG ~Q (F~E~94-34~9~)
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RESOLUTION NO. 94-163
Page 5
Section 40.1 AMENDMENTS TO ZONING DISTRICT REGULATIONS
A. InitiilttQn
1. For all amendments to these regulations, other than those controlled by Section 40, the
Planning and Zening Commission may initiate an amendment by a rssollltieR ef intsatieR
positive vote oCmembers present. A person desiring an amendment to the zoning
ordinance may request, at a rSgHlarly sCBsdlllsd j'lllblic rn~~ting-of.the"Planning-and-Z<l!Iffig
Cernmissien in writing to the Commission, that the Commission propose such a rssellltion
of i!lt~I1ti9ll an amendment.
B. public Heating
1. After an amendment is properly initiated under Section 40.1 A.l, the Commission shall
hold at least one (1) public hearing on the proposed amendments after giving at-leastone-(~
j'lllblication in a n~wsj'l3p~r ef g~n~r31 circllhtion in the-County-seat notice according to
Section 40.1.D,
2. The Commission may have as many additional hearings, or continued hearings, on any
initiated amendments as may be deemed necessary for public necessity, convenience and the
general welfare, provided that each and every public hearing comply with the notice
requirements of this Section 40.1.C.
C. Notice
1. Prior to holding a public hearing, the Commission shall give notice thereoCby at
least one (1) publication in a newspaper of general circulation in the county seat.
2. In proceedings involving one or more oC the Collowing proposed changes or related
series oC changes in the standards governing land uses, notice shall be provided in the
manner prescribed by Section 40.1.C.3:
a. A ten per cent or more increase or decrease in the number oC square Ceet or
units that may be developed.
b. A ten per cent or more increase or reduction in the allowable height of
buildings.
c. An increase or reduction in the allowable number oC stories oC buildings.
d. A ten per cent or more increase or decrease in setback or open space
requirements.
e. An increase or reduction in permitted uses.
PAGE 5 OF 7
8K 2417 PG 51 (FE(~94-34594)
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RESOLUTION NO. 94-163
Page 6
3. In proceedings governed by Section 40.1 C 2, the county shall provide notice to real
property owners pursuant to at least one of the following notification procedures:
a. Notice shall be sent by first class mall to each real property owner, as shown on
the last assessment, whose property is directly affected by the changes.
b. The County shall publish such changes prior to the first hearing on such
changes in a newspaper of general circulation In the county seat. The changes
shall be published in a "display ad" covering not less than one-eighth of a full
page.
4. If notice is provided pursuant to Section 40.1.C.3,b, the county shall also send notice
by first class mall to persons who register their names and addresses with the couuty as
being Interested in receiving such notice. The county may charge a fee not to exceed
five dollars per year for providing this service.
CD. Action bv the Board of Supcrvis\l,t~
1. Upon receipt of the Commission's recommendations, the Board shall hold a public
hearing, wherein at least fifteen (15) days notice of which shall be given by one <1)
publication in a newspaper of general circulation in the County seat and by postlOg the area
included in the proposed change. After holding the hearing, the Board may adopt the
amendment.
9E. Reapplication
No person, including the original applicant, shall re-apply for the same change of zone on
the same plot or lots within a period of one (1) year from the date of the final decision or
denial of such previous application except in cases where extraordinary circumstances have
caused a need for reevaluation of all property in the general area.
NOW THEREFORE BE IT FURTHER RESOLVED, that the Board of
Supervisors, at their special meeting on Monday, May 16, 1994,
APPROVED this change to the Mohave County Zoning Ordinance as
recommended by the Mohave County Planning and Zoning Commission.
Mohave County Board of Supervisors
Attest:
~ e, Wm"L
Joa C. Ward, Chairman
PAG~ 6 OF 7
BK 2417 PG 52 (FEE~9~~34594)
WHEREAS, in 1988 the Arizona State Legislature
A.R.S. 11-829 to clarify notice requirements, and
amended
':'
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P&ZC RESOLUTION NO. 94-2
A RESOLUTION SETTING FORTH THE PLANNING AND ZONING COMMISSION'S
RECOMMENDATIONS FOR AN AMENDMENT TO SECTION 40 OF THE MORAVE
COUNTY ZONING ORDINANCE REGARDING REZONES AND AMENDMENTS TO THE
ZONING ORDINANCE.
WHEREAS, in 1991 the Arizona State Legislature
A.R.S. 11-829, concerning application requirements for
zoning district boundaries (rezones), and
amended
changing
WHEREAS,
Commission to
statutes, and
it is the intent of the Planning and Zoning
amend local ordinances to be consistent with state
WHEREAS, the proposed amendments to the Mohave County Zoning
Ordinance have been noticed according to the requirements in
A.R.S. Title 11, Chapter 6 and Section 40 of the Mohave County
Zoning Ordinance.
NOW THEREFORE BE IT RESOLVED, that the Planning and Zoning
Commission recommends to the Board of Supervisors the changes to
Section 40 of the Mohave County Zoning Ordinance as contained in
Attachment A.
, 1 I, d
('lu 1\.41.1.1 C ;;L~n / t OL .~
Christine Ballard, Director
Mohave County Planning and
Zoning Department
MOHAVE COUNTY PLANNING AND ZONING
COMMISSION
L~~~an
ATTEST:
~AGE 7 OF 7
5K 2417 PG 53 (FEEt?4-34594I