HomeMy WebLinkAbout1998-13 PAGE 2 OF 8
BK 3218 PG 710 FEE498077221
ORDINANCE NO. 98-13
AN ORDINANCE AMENDING SECTION 40 OF THE MOHAVE COUNTY ZONING
ORDINANCE BY ADDING SECTION 40.2 WHICH SETS FORTH PROCEDURES FOR
AMENDING THE MOHAVE COUNTY GENERAL PLAN.
The Mohave County Zoning Ordinance is amended by adding Section 40.2, to read (all words and phrases
to be added are bolded):
Section 40.2 Amendments to the General Plan and Area Plans
A. Review of the General Plan
It is the intent of Mohave County to review the General Plan once every five years. In any
case, the General Plan shall be reviewed and amended or readopted by the Board of
Supervisors at least once every ten years.
B. Amendments to the General Plan
1. The General Plan may be amended from time to time in the manner provided for in
this section, for the purposes of ensuring that the plans reflect the needs of County
residents.
2. Minor amendments to the General Plan.
a. The following changes are considered minor amendments to the General Plan,
including area plans:
(1) A change in the land use boundaries, in the detail land use diagrams,
where those changes are consistent with the development area
designations and the General Plan goals and policies.
(2) The adoption or amendment of an area plan where the area plan and the
changes are consistent with the General Plan.
(3) Changes to goals and policies that clarify intent or correct
inconsistencies.
b. Minor amendments may be considered upon submission of an application form
obtained from the Planning and Zoning Department or as deemed necessary by
the Planning and Zoning Commission or the Board of Supervisors.
3. Major amendments to the General Plan.
a. The following changes are considered major amendments to the General Plan:
(1) Changes in the Goals and Policies of the Plan that change the intent or
the direction of the Plan.
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ORDINANCE NO. 98-13 Page 2
(2) Changes in the boundaries of the development area designations, in the
general land use diagrams.
(3) Changes in the boundaries of the detailed land use diagrams, that
require a change in the development area designations or the general
land use diagrams.
(4) The adoption or amendment of an area plan where the area plan or the
changes are not consistent with the General Plan.
(5) Deletion of a requirement for the reservation or dedication of land for
public purposes, except for minor boundary adjustments or street
alignments.
(6) Establishment of a new, or deletion of a planned freeway, expressway,
parkway or limited access arterial street shown on the General Plan.
b. Major amendments may be considered twice a calendar year or as deemed
necessary by the Planning and Zoning Commission or the Board of Supervisors.
4. Initiation of an amendment.
a. Member of the public. A person desiring an amendment in the General Plan,
changing the development area and land use designation boundaries, shall
initiate such an amendment by filing an application form from the Planning and
Zoning Department requesting this change with the Planning and Zoning
Commission.
b. By Commission or Board. The Planning and Zoning Commission or the Board
of Supervisors may initiate an amendment by a positive vote of the members
present.
5. Application for an amendment of the General Plan.
a. Any member of the public initiating a General Plan amendment should attend
a preapplication conference to determine feasibility and probable time frame.
b. An application for an amendment to the General Plan or area plan land use
diagrams or maps shall include the following information:
(1) A vicinity map showing the general area including, but not limited to,
the general road network.
(2) A map of the area to be changed, indicating the current and the
proposed development area and land use designation.
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ORDINANCE NO. 98-13 Page 3
(3) A statement justifying the change that includes, but is not limited to,a
description of the following:
(a) How the change benefits and/or affects the County,
(b) Public infrastructure and public services that are available or
will be provided,
(c) A description of the change of the character of surrounding
neighborhoods,
(d) An explanation that the change is consistent with the goals and
policies of the General Plan and applicable area plan, and
(e) An explanation of changing events or circumstances that make
the amendment appropriate.
c. An application for an amendment to the goal and/or policies in the General Plan
or area plan shall include an explanation of the proposed amendment,
justification of the need for the amendment that includes, but is not limited to,
an explanation of the benefit to the County, an explanation of events or changes
that make the amendment appropriate, and an explanation of undesirable
situations the amendment will alleviate or beneficial situations the amendment
will foster.
C. Citizen Participation
1. Citizen Participation Plans for plan adoption, review or update.
a. Prior to beginning any process to adopt, review or update the General Plan or
any area plan, the Planning and Zoning Commission shall adopt a Citizen
Participation Plan that provides for the following:
(1) Early and continuous participation by the public affected by the plan;
such participation may be through citizen advisory committees,
numerous and frequent public meetings, or other methods or
combination of methods.
(2) Methods by which cities, counties, state and federal agencies, utilities,
school districts, regional planning agencies, and civic, educational and
professional organizations are included in the participation process.
(3) Public notice of public meetings and public hearings being held by the
Planning and Zoning Department,the Planning and Zoning Commission
and the Board of Supervisors; notice must, at a minimum, comply with
these regulations, A.R.S 11-822 and A.R.S. 11-823
(4) Public meetings in sufficient number and location to inform the public
of the proposed action and its effect.
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ORDINANCE NO. 98-13 Page 4
(5) Public hearings that comply with these regulations, A.R.S. 11-822 and
A.R.S. 11-823,and provide the public with ample opportunity to address
the Commission and Board.
(6) A method for reporting and addressing citizen comments received at the
public meetings and hearings. The report shall be part of the adopted
plan or updated plan.
2. Public meetings for amendments to the General Plan or Adopted Area Plans.
a. The party initiating the amendment shall hold a public meeting in the area of
the proposed plan amendment when:
(1) A major amendment to the General Plan land use diagrams is proposed.
(2) A major amendment to an adopted area plan is proposed.
(3) An amendment will have a substantial effect on a neighborhood or area.
b. A report prepared by the party initiating the amendment shall be included with
the Planning and Zoning Department's report to the Commission. The report
must cover the comments received at the public meeting and either how those
comments were addressed or reasons for not addressing them.
3. Public hearing.
a. All public hearings held for plan adoption, review or update shall be held in
accordance with the approved Citizen Participation Plan and state statute.
b. Public hearings for amendments to the General Plan or any adopted area plan
shall be held in the following manner:
(1) After an amendment is properly initiated under Section 40.2, and after
any required public meeting,the Commission shall hold at least one (1)
public hearing on the proposed amendments, after giving notice
according to Section 40.2.C.4.
(2) The Commission may hold as many additional hearings on any
amendment as may be deemed necessary for public necessity,
convenience, and general welfare, provided that each and every public
hearing is not a continuation of a previous hearing, and complies with
the notice requirements of Section 40.2.C.4.
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ORDINANCE NO. 98-13 Page 5
(3) The Commission may continue hearings on any amendment as may be
necessary provided that hearings are continued to a fixed date,time,and
place. Hearings continued without announcing a fixed date, time, and
place shall be noticed according to Section 40.2.C.4.
4. Notice.
a. Notice of all public hearings for plan adoption, review or update shall be made
in accordance with the approved Citizen Participation Plan, state statute and
this section.
b. Notice of all public hearings shall be placed in a newspaper of general
circulation published in the county seat at least fifteen (15) days prior to the
public hearing. Notice shall also be placed in a newspaper of general circulation
in the area of the proposed change, if different than the county seat, at least
fifteen (15) days prior to the public hearing.
c. 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 40.2.C.4.d. below:
(1) A ten percent (10%) or more increase or decrease in the number of
square feet or units that may be developed.
(2) A ten percent (10%) or more increase or decrease in open space
requirements.
(3) An increase or reduction in permitted uses.
d. In proceedings governed by Section 40.2.C.4.c. above, the county shall cause
notice to be given to real property owners pursuant to at least one of the
following notification procedures:
(1) All property owners within the area of the proposed change and within
one-half mile of the boundary of the proposed change shall be sent notice
by first class mail.
(2) The changes shall be published in a "display ad" covering not less than
one-eighth of a full page in a newspaper of general circulation in the
county seat prior to the first public hearing on the changes.
e. The county shall cause notice to be sent by first class mail to persons who
register their names and addresses with the county as being interested in
receiving such notice. The county may charge a fee not to exceed five dollars
($5.00) per year for providing this service.
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ORDINANCE NO. 98-13 Page 6
f. All notices required in this subsection shall contain the following information,
at a minimum:
(1) The date, time, and place of the public hearing;
(2) A general explanation of the matter to be considered;
(3) A general description of the area of proposed changes;
(4) An explanation of how comments or objections may be filed with
Mohave County.
5. Consultation and coordination.
a. Consultation and coordination with cities, counties, state and federal agencies,
utilities,school districts, regional planning agencies, and civic, educational and
professional organizations shall occur according to the Citizen Participation
Plan and this Section.
b. Prior to the first public hearing, the initiating party shall send copies of the
proposed change to all incorporated cities within Mohave County, the State
Land Department, pertinent school districts, appropriate regional planning
agencies, public utilities with Certificates or franchises in the area, chambers of
commerce, and any person, organization, or agency that requests notice under
Section 40.2.C.4.e above.
c. Upon making a recommendation to the Board of Supervisors,the Planning and
Zoning Commission shall transmit the change to the Board and the following
agencies, organizations and persons, not less than sixty (60) days before
adoption:
(1) Each municipality in the county;
(2) Each other county that is contiguous to the county;
(3) The regional planning agencies in the county;
(4) The Department of Commerce or any other state agency that is
subsequently designated as the general planning agency for the state;
(5) The State Land Department; and
(6) Any person,organization or agency that requests, in writing, to receive
the proposal.
6. Availability of draft plans and amendments.
a. Draft General Plans and areas plans and updates of those plans will be available
thirty (30) days prior to the Planning and Zoning Commission public hearing
and sixty (60) days prior to the Board of Supervisors public hearing at the
Office of the Clerk of the Board of Supervisors, the Planning and Zoning
Department Offices,and Mohave County libraries in Kingman, Bullhead City,
and Lake Havasu City, and other appropriate places as determined by the
Director of Planning and Zoning.
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ORDINANCE NO. 98-13 Page 7
b. Major amendments and all amendments which allow an increase in land use
intensity will be available fifteen (15) days prior to the Planning and Zoning
Commission public hearing and sixty (60) days prior to the Board of
Supervisors public hearing at the Clerk of the Board of Supervisors, and the
Planning and Zoning Offices.
7. Action by the Board of Supervisors.
a. Upon receipt of the Commission's recommendations, the Board shall hold at
least one public hearing after giving notice according to this section. After
holding the hearing, the Board may adopt,deny the amendment, or change the
amendment. Any changes to the amendment shall be referred back to the
Planning and Zoning Commission for a report. In developing and considering
the amendment, the Commission shall follow the public hearing and notice
requirements in this section.
b. The adoption, readoption or update of the General Plan or any adopted area
plan, or the adoption of any amendment which meets any of the following
criteria, shall be adopted by at least two-thirds of the members of the Board.
(1) A change of land use designation in the plan that:
(a) Increases the intensity of the use on the property.
(b) Decreases the intensity of use on the property at the initiative of
the Board of Supervisors.
(2) Deletion of a requirement for the reservation or dedication of land for
public purposes, except for minor boundary adjustments or street
alignments.
(3) Establishment of a new, or deletion of a planned freeway, expressway,
parkway or limited access arterial street shown on the General Plan.
D. Reapplication.
No person, including the original applicant, shall reapply for the same amendment for the
same area 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.
MICROFILMED
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3 _ 772 1 BK PG 7.9
ti.•� . OFFICIAL RECORDS OF MOHAVE COUNTY, A:
= .a F JOAN MC CALL, MOHAVE COUNTY RECORDER
• 12/22/1998 01:19P PAGE 1 OF 8
�-i�`,` MOHAVE COUNTY BOARD OF SUPERVISORS
y'I3r;�'' RECORDING FEE 0.00
BOS RESOLUTION NO. 98-416
A RESOLUTION SETTING FORTH THE ADOPTION OF ORDINANCE NO. 98-13, AN
AMENDMENT TO THE MOHAVE COUNTY ZONING ORDINANCE BY ADDING SECTION
40.2 REGARDING AMENDMENTS TO THE MOHAVE COUNTY GENERAL PLAN.
WHEREAS, at their regular meeting on December 7, 1998, the Mohave County Board of
Supervisors considered this item, and
WHEREAS,the Arizona legislature adopted"Growing Smarter" which amended ARS §11-806.D
to require that the Board of Supervisors adopt written procedures to provide effective, early and continuous
public participation in the development and major amendment of comprehensive plans, and
WHEREAS, Mohave County has received requests to amend the General Plan, and
WHEREAS,Mohave County is in the process of developing three area plans for the Yucca, Dutch
Flat, and I-40 corridor, and
WHEREAS, at their meeting on October 14,1998, the Mohave County Planning and Zoning
Commission recommended the amendment of the Mohave County Zoning Ordinance contained in
Ordinance No. 98-13 by adding Section 40.2, and
WHEREAS, this amendment was advertised in a newspaper of general circulation, published in
Kingman,Mohave County,Arizona,on November 18, 1998, and posted in various locations on November
20, 1998.
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting
on Monday, December 7, 1998, adopted the attached Ordinance No. 98-13 adding Section 40.2 to the
Mohave County Zoning Regulations regarding Amendments to the General Plan, as recommended by the
Pl oning Commission.
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