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Home My WebLink About95-386 iA~ ~\1 . . MICROFILMED *Being re-recorded to correct typo in Section 14.C.5 ~\. \.IO!i,i;fq. INDEXED '~I ~~~ ,9.5054574 BK 2636 PG 239 .,,", ',.V ,;., . OFFICIAL RECORDS OF MOHAVE COUNTY, AZ '<;"'-'<.::'..\,Li . JOAH MC CALL. MOHAVE COUNTY RECORDER \~;','" ~" 10/19/95 04:03P PAGE 1 OF 9 ~<.1-:..4 ,,, tlOHAVE COUHTY BOARD OF SUPERVISORS INOEXriI ~~~~~~~4 B~'~260 PG 390 OFFICIAL RECORDS OF MOHAVE COUNTY, AZ JOAN Me CALL, MOHAVE COUNTY RECORDER \e.> .,7 :.'1/1 . V /J 12/13/95 09:35A PAGE 1 OF 9 .~ ,+1\.". '-':;;: I-,c..--- MOHAVE COUNTY BOARD OF SUPERVISORS BO~ '1'1' LUTION ;0. 95~~~~RDHIG FEE 0.00 MICROFilMED A RESOLUTION SETTING FORTH AN AMENDMENT TO SECTION 9, SECTION 13, SECTION 14, SECTION 16 AND SECTION 27 OF THE MORAVE COUNTY ZONING REGULATIONS ALLOWING SECONDARY RESIDENCES. WHEREAS, at the September 18, 1995, Board of Supervisors meeting, the Mohave County Board of Supervisors held a public hearing on the proposed amendment; and WHEREAS, the Planning and Zoning Commission acknowledges that family members frequently need to be near or stay with County residents; and WHEREAS, the Mohave County Zoning Regulations allow for only one residence per lot; and WHEREAS, the Mohave County Planning and Zoning Commission held a public hearing on April 13, 1994, and referred an amendment to the Board of Supervisors; and WHEREAS, the Board of Supervisors referred the amendment back to the Commission asking them to examine several items further; and WHEREAS, the Board of Supervisors and the Commission discussed these items at the April 25, 1995, joint meeting; and, WHEREAS, the Commission held a public hearing on July 12, 1995, which was noticed in conformance with state law; and WHEREAS, the Mohave County Planning and Zoning Commission recommended to the Board of Supervisors the following amendment to the Mohave County Zoning Regulations (wording to be deleted is stmek; wording to be added is bolded): . Section 9 - Definitions: Between Recreational Vehicle Park and Retail Store (or Commercial Activity) add: Residence. Accessory or Secondary - A second residence or dwelling either or added to an existing single-family detached dwelling, or as a separate accessory structure on the same lot as the primary dwelling. Accessory residence must be subordinate to an owner-occupied single-family dwelling and can be occupied by a non-paying relative or guest. Rental or lease of an accessory residence is prohibited. RESOLUTION NO. 95-386 Page 2 . . PAGE 2 OF 9 BK 2636 pG 240 FEE~95054574 PAGE '2 OF 9 BK 2660 PG 391 FEE~95064834 . Section B.C. Add Item 5. Section 13 REGULATIONS FOR GENERAL OR "A" ZONE A. Special Provisions I. No subdividing shall be conducted, or approved, in any area zoned "A" without prior rezoning of the land so parcelled, if rezoning is necessary. 2. All applicable provisions of Sections 25, 26, 27, and 31 shall apply to this zone. B. Uses Permitted Single-family dwellings, duplexes, multiple dwellings, general commercial uses, offices, and accessory buildings related to any of the above. All agricultural uses including grazing and all accessory uses and facilities related to the production, servicing, and shipping of the permitted uses. Landing strips, home occupations, and signs related to the uses of the property or to its sale or lease. C. Uses Permitted After Acquiring a Zoning Use Permit I. Schools, churches, and public buildings, automobile wrecking yards, and junk yards. 2. Borrow pits and removal of petroleum or natural gas on commercial basis as limited by ARS 11-830 A-2, 3. Recreational vehicle parks. 4. Mobile home parks. 5. Accessory residences (see Section 27-R). . Section I4.C.: Add item 6. Section 14 Regulations for Agricultural Residential or "A-R" Zone A. Special Provisions: I. Only one single-family dwelling shall be approved for anyone lot or building site. 2. All applicable provisions of Sections 25, 26, 27 and 31 shall apply to this zone. Page 2; 8/22/95 RESOLUTION NO. 95-386 Page 3 . . PAGE 3 OF 9 BK 2636 PG 241 FEE~95054574 PAGE 3 OF 9 BK 2660 PG 392 FEE~9506483+ B. Uses Permitted: I. Agricultural uses and home occupations. 2. Single-family dwellings accessory uses normally incidental to single-family dwelling or light farming (this is not to be construed as permitting any commercial use). 3. Private greenhouses and horticultural collections, flower and vegetable gardens, fruit trees, orchards, dogs and cats as domestic pets, poultry for domestic use. Horses and cows may be maintained for private use. 4. Schools, churches, public buildings, quasi-public buildings, and playgrounds. C. Uses permitted After Acquiring a Zoning Use Permit: 1. Recreational vehicle parks. 2. Mobile home parks. 3. Riding stable and horse breeding farms. 4. Retail plant nurseries (see Section 27-L). *M 5. Kennels and veterinary clinics (see Section 27-l't). 6. Accessory residences (see Section 27-R). . Section I5.B: Amend Section 15.B.1.b and add Sections 15.C.3 and 15.D.2. Section 15 REGULATIONS FOR RECREATION OR "R-E" AND "C-RE" ZONE A. Special Provisions: I. All applicable provisions of Sections 25, 26, 27 and 31 shall apply to this zone. 2. For parcels greater than 20,000 square feet in area, minimum building setbacks may be varied if topographic features, rocks, or trees would have to be changed or removed in order to have structural setback compliance in any area where this applies, and area zoning maps shall be developed by the Commission. B. Uses Permitted: 1. R-E (Residential-Recreation) Zone. a. Agricultural uses and home occupations as permitted under A-R zone. b. Single-family dwelling and accessory uses including noncommercial guest house/or accessory residences (excluding travel trailers). 2, C-RE (Commercial-Recreation) Zone. a. Any uses permitted in an R-E zone, Residential uses shall comply with their respective residential yard setbacks. Page 3; 8/22/95 . ~GE 4 OF 9 BK 2636 PG 242 FEE~95054574 RESOLUTION NO. 95-386 Page 4 PAGE 4 OF 9 BK 2660 PG 393 FEE~95064834 b. Churches, schools, hospitals, public an<;f quasi-public buildings, parks, playgrounds, recreational areas or camps and golf courses, and uses of similar purposes. c. Motels, mobile home parks, trailer parks, resort activities, country clubs, private riding clubs, similar in nature and as necessary for the operation and maintenance of the various facilities, including commercial activities associated with and an integral part of any of the above activities. C. Uses Requiring a Zoning Use Permit - R-E Zone: The following uses may be approved by obtaining a Zoning Use Permit: I. Churches, schools, hospitals, public and quasi-public buildings, parks, playgrounds, recreational areas or camps and golf courses, and uses of similar nature. 2. Recreational vehicle parks (see Section 27-]), 3. Travel trailers to be used as Secondary Residences. D. Uses Requiring a Zoning Use Permit - C-RE Zone: 1. Kennels and Veterinary Clinics (see Section 27-M). 2. Travel trailers to be used as Secondary Residences. . Section 16.C. Add Item 3. Section 16 REGULATIONS FOR SINGLE-FAMILY RESIDENTIAL OR "R-I". "R-O. "R-TT" ZONES A, Special Provisions: I. All applicable provisions of Sections 25, 26, 27 and 31 shall apply to these zones. B. Uses Permitted: 1. R-I Zone (Single-Family Residential) Zone a. Single-family dwelling units including mobile homes designed for single- family occupancy as defmed in this Ordinance, accessory structures and uses normally incidental to single-family residences and home occupations as provided in Section 27-0. Travel trailers are prohibited except as provided in Section 27-N. Page 4; 8/22/95 PAGE 5 OF 9 BK 2660 PG 394 FEE~95064834 2. R-O (Single-Family Residential/Mobile Homes Pfohibited) Zone. Page 5 . . PAGE 5 OF 9 BK 2636 PG 243 FEE~95054574 RESOLUTION NO. 95-386 a. Single-family dwelling units, accessory structures and uses incidental to single-family residences and home occupations as provided in Section 27-0. Mobile homes are prohibited. Travel trailers are prohibited excepted as provided in Section 27-N. 3. R-TT (Single-Family Residential/Mobile Homes and Travel Trailers) Zone a. Mobile homes and travel trailers, as defined in this Ordinance, designed for single-family occupancy, and accessory structures and uses normally incidental to single-family residences as provided in Section 27-N. b. When R- TT zone is requested no area may be considered that consists ofless than one (I) recorded block in a subdivision of record. The zoning proposal must be acceptable to the Commission and recommended to the Board by the procedures or rezone as required by this Ordinance. c. Detached structures shall be required to be a minimum or two (2) feet from the travel trailer. C. Uses Requiring a Zoning Use Permit 1. Churches, schools, hospitals, parks and playgrounds, public and quasi-public buildings, and uses of similar purpose. 2. Private parking lots for automobiles, where land lies adjacent to any multi-family, conunercial or manufacturing zone. 3. Accessory residences, except that mobile homes as accessory residences are prohibited in R-O zoned areas (see Section 27-R). Accessory residences shaUbe prohitibed in R- TT zones. . Section 16.I.C. Add Item 2. Section 16.1 REGULATIONS FOR SlNGLE-F AMIL YRESIDENTIAL/HOMES ONL YILIMITED ANIMAL PRIVILEGES OR R-O/ A ZONE. A. Special Provisions: I. Only one single-family dwelling shall be approved for anyone lot or building site. 2. All applicable provisions of Sections 25, 26, 27 and 31 shall apply to this zone. Page 5; 8/22/95 RESOLUTION NO. 95-386 Page 6 . . PAGE 6 OF 9 BK 2636 PG 244 FEE~9505+57+ B. Uses Permitted: PAGE l, OF 9 BK 2660 PG 395 FEE~9506433+ 1. Single-family dwelling unit, accessory structures and uses normally incidental to single-family residences and home occupations as provided in Section 27-0. Mobile homes are prohibited. Travel trailers are prohibited except as provided in Section 27- N. 2. Private greenhouses, horticultural collections, flower and vegetable gardens, fruit trees, orchards, and poultry for occupants use only. 3. Three (3) domestic farm animals may be maintained for private use only. 4. Animal uses must be fenced and contained within the rear fifty (50') feet of the lot. 5. All feed, tack and other equipment related to the care of animals must be stored in an enclosed building. 6. Mobile homes or travel trailers may not be used as storage buildings. C. Uses Permitted After Acquiring a Zoning Use Permit: 1. Schools, churches, public buildings, quasi-public buildings, and playgrounds. 2. Accessory residences, except that mobile homes as accessory residences are prohibited in R-O/A zoned areas (see Section 27-R). . Section 27. GENERAL PROVISIONS (continued): Add Section 27.N.3 and Section 27 R. N. Establishment of Travel Trailers -- add subsection I.e. and renumber subsequent items: e. Notwithstanding any other provision in this ordinance, travel trailers allowed as secondary residences shall be approved by the Board of Supervisors in one- year increments following a recommendation from the Planning and Zoning Commission. ef. Travel trailers shall not be used as storage sheds. fg. It shall be the responsibility of the property owner to renew a temporary permit. R. ACCESSORY OR SECONDARY RESIDENCE REOUlREMENTS 1. SITE PLAN CONDITIONS. Prior to issuance of any zoning or building permit for an accessory or secondary residential structure authorized by a zoning use permit, a site plan SRALL BE APPROVED that demonstrates (1) the use will be served by adequate public facilities; or (2) the lot is capable of supporting an independent water and accessory septic system approved by the Mohave County Page 6; 8/22/95 . 411tAGE 7 OF 9 BK 2636 PG 245 FEE~95054574 RESOLUTION NO. 95-386 PAGE 7 OF 9 BK 2660 PG 396 Page 7 FEE~95064834 Environmental Health Department. Appro:val of the site plan shall be conditioned on the following: a. All setbacks will be required as shown for the appropriate zone in which the secondary structure will be built. Buffers may be required to separate this use from incompatible adjacent uses. b. An accessory residence will be proportionate to the lot size, not to e:Jceed the lesser of 50 percent the size of the primary residence or as stated in c, d and e below, and shall conform to the following requirements: 1) The residence shall have a living room of not less than 220 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of such residence in e:Jcess of two. 2) The residence shall be provided with a separate closet. 3) Secondary Residences that are not attached to or within the primary residence shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to the Uniform Building Code shall be provided. 4) The residence shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. c. For lots less than one-half acre (.5), the Secondary Structure shall be attached to or within the primary structure and have the same roof line. Mohave County Environmental Health may require additional lot area or additional septic tank. The Secondary Residence shall be 750 square feet ma:Jimum. d. Minimum lot size for lots which will require a second septic, leach system and water supply will be 26,500 square feet. Additional lot area may be required by the Mohave County Environmental Health Department and/or the Arizona Department of Environmental Quality. The accessory structure shall be 1,000 square feet ma:Jimum. e. For lots of5 acres or more, the muimum size for the accessory structure shall be 50% of the primary structure. 2. SITE PLAN PROCEDURES. The site plan required by this section shall be submitted in conformance with the zoning use permit application. The site plan will be reviewed by the Page 7; 8/22/95 RESOLUTION NO. 95-386 Page 8 '. . .PAGE 8 OF 9 BK 2636 pG 246 FEE~9505+574 County Planning and Zoning Department, the Environmental Health Department. PAGE 8 OF 9 BK 2660 PG 397 FEE~95064834 Public .Works Department and the 3. CERTIFICATE TO OCCUPY. Prior to actual use, a certificate to occupy will be issued by the County upon satisfactory compliance to the conditions of approval for the site plan. (This applies to the UrbanlBuilding Overlay Zones only. A Certificate of Occupancy will ALSO be required for structures requiring a building permit.) 4. SUBMITTAL REOUIREMENTS. The following information shall be provided with the application for site plan approval. The County may reduce the level of submission requirements after a pre-submittal meeting with the applicant if it is determined that the information is not necessary to meet the requirements of this section. 5. SITE PLAN REOUlREMENTS. A pre-submittal meeting with the applicant and the Planning and Zoning Department, Public Works Department, Environmental Health Department and Building Department, if in the UrbanlBuilding Overlay Zone. Staff may reduce the level of submission requirements based on the following criteria: Major street or route location; Grading requirements; Drainage considerations; Adjacent conditions; Submittals will be made to the Planning and Zoning Department and will be reviewed by the Environmental Health Department, Public Works Department, utility companies and fire department(s). Ten copies of site plan folded 9" x 12" to fit within fIle folder; Maximum sheet size of36" x 36"; Ownership verification deed (warranty deed or joint tenancy deed); Legal description, size of parcel; Existing zoning; Page 8; 8/22/95 . . . RESOLUTION NO. 95-386 Referenced to: ~AGE 9 OF 9 BK 2636 PG 247 FEE~9505~574 Page 9 PAGE ,9 OF 9 BK 2660 PG 398 FEE~95064834 Zoning use permit; Fee; Owner's name, address and telephone; Provisions for; Sewage disposal; Water, domestic - well, haul or water company; The following shall be addressed on the plan: Location map; Setbacks; North arrow and scale; All streets and drives labeled; Parking layout (ingress and egress); Show all proposed improvements and structures. WHEREAS, notices of the Board of Supervisors public hearing were published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona; the Mohave Valley News; Today's News-Herald; and The Daily Spectrum on September 3, 1995, and posted on September I, 1995, as required by Arizona Revised States and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED by the Mohave County Board of Supervisors that the Mohave County Zoning Regulations be amended as recommended by the Planning and Zoning Commission. MOHA VE COUNTY BOARD OF SUPERVISORS '-Y?~' Pat Holt, Chairman