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Home My WebLink About2002-04 PAGE 3 OF 5 BK 4310 PG 837 FEE*2002086774 MOHAVE COUNTY ORDINANCE NO. 2002-04 AN ORDINANCE AMENDING SECTION 40.2 OF THE MOHAVE COUNTY ZONING ORDINANCE REGARDING THE UPDATE OF THE AMENDMENT PROCESS FOR THE GENERAL PLAN AND AREA PLANS. Amend the Mohave County Zoning Ordinance as follows (added language is bolded; deleted language is struck): Section 40.2 AMENDMENT TO THE GENERAL PLAN AND AREA PLANS: Section 40.2.B.5.c is amended as follows: c. All applications for a major amendment to the General Plan and/or an Area Plan must be submitted to the Planning and Zoning Department between the first business day in January and the first Friday in July May of a given calendar year in order for those applications to be heard by the Board of Supervisors at a public hearing in the calendar year the application is submitted. All applications for a major amendment received after the first Friday in July May will not be accepted nor processed until the first business day in January of the next calendar year, in order for the application to be heard by the Board within the calendar year it is submitted. Section 40.2.B.5.e is amended as follows: c. When an Area Plan is required to be developed and that Area Plan also requires a major . • - - - - - - - -- . I _ -, -- - -- . -. . : - - - - . . accepted for processing. This means the submittal of a completed Area Plan - . • - • • . .. ' _ . .•- ' - A. I ..• - . . - - .. . •-- - :- "• •:- and - -- and Board review by the first Friday in July within the calendar year the application is made. If these requirements are not met by the first Friday in July deadline, the application shall be held over until the next calendar year for proce ting. F'AGE 4 OF 5 BK 4310 PG 838 FEE42002086774 MOHAVE COUNTY ORDINANCE NO. 2002-04 Page 2 e. When a development proposal requires an Area Plan, the applicant for the development shall formulate an area plan in consultation with the Planning and Zoning Department. All Area Plans meeting the definition of a major amendments contained in Section 40.2.B.3 shall submit a complete Area Plan to the Planning and Zoning Department between the first business day in January and the first Friday in March to be heard by the Board of Supervisors as a major amendment to the General Plan. To be considered a complete application, the proposed Area Plan must contain or address all of the elements contain in the General Plan and all elements required to be in the General Plan per A.R.S. 11-821 et. seq., goals, policies and land use diagrams shall be consistent with, compliment or expand the General Plans goals and policies, and the applicant has completed all of their responsibilities contained in Section 40.2.C. Section 40.2.C.2 is amended as follows: Public Meetings for Amendment 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 or an adopted Area Plan is proposed. 2) A major amendment to an adopted area plan is proposed. A new area plan is proposed. 3) The amendment or Area Plan will have a substantial effect on a neighborhood or area. Section 40.2.C.5 is amended as follows: b. Prior to the first public hearing, the initiating party shall send copies of the public utilities with Certificates or franchises in the area, chambers of commerce, and any person, organization, er agency that requests notice under Section 110.2.C.1.e above. PAGE 5 OF 5 BK 4310 PG 839 FEET2002086774 MOHAVE COUNTY ORDINANCE NO. 2002-04 Page 3 e-b. Upon making a recommendation to the Beard of Supervisors, At least sixty (60) days before the required notice for the Planning and Zoning Commission public hearing, the new plan, plan update or major amendment shall be transmitted the change to the Board and 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 received to proposal. Section 40.2.C.6.a is amended as follows: a. Draft General Plans and Area Plans, and updates of those plans, and major amendments will be available thirty (30) sixty (60) days prior to any required notice for the Planning and Zoning Commission public hearing and sixty (60) thirty (30) days prior to the Board of Supervisor public hearing at the Office of the Clerk of the Board of Supervisors, the Planning and Zoning Offices, and the Mohave County libraries in Kingman, Bullhead City, and Lake Havasu City, and other appropriate places as determined by the Director of Planning and Zoning. Section 40.2.C.6.b. is amended as follows: Commission public hearing and sixty (60) days prior to the Board of Supervisors Zoning Offices. b. Minor amendments will be available thirty (30) days prior to the Planning and Zoning Commission public hearing at the Clerk of the Board of Supervisors and the Planning and Zoning Offices in Kingman and Bullhead City. INDEXED *0 ', `?i�i�'?��f:6774 ;YOUI4N3TIYI;CgPR:9ER OFFICIALRECORDS OF MAVE TY.'��-"'` JOANMCCALLSMDHAVE 12/19/2I)r�? O3:; PAG � ; MOHAVE COUNTY BOARD OF SUPERVISORS +y + RECORDING FEE 0.�0 RESOLUTION NO. 2002-398 A RESOLUTION SETTING FORTH THE ADOPTION OF MOHAVE COUNTY ORDINANCE NO. 2002-04, AN AMENDMENT TO SECTION 40.2 OF THE MOHAVE COUNTY ZONING ORDINANCE REGARDING THE UPDATE OF THE AMENDMENT PROCESS FOR THE GENERAL PLAN AND AREA PLANS. WHEREAS, at the special meeting of the Mohave County Board of Supervisors held on December 16, 2002, a public hearing was conducted to consider whether an amendment to Section 40.2 of the Mohave County Zoning Ordinance regarding the update of the amendment process for the general plan and area plans should be approved, and WHEREAS, this amendment will bring Mohave County into conformity with the Arizona Growing Smarter laws, ensure the fullment of required public participation and public hearing processes, and ensure a Major Amendment proposal receives the appropriate county and public review process within state imposed restricted guidelines, and WHEREAS, this amendment to the Mohave county Zoning Ordinance, Section 40.2, Amendment to the General Plan and Area Plans, will change the language to ensure the above stated purpose. There are two types of amendments to the General Plan and an Area Plan, Major or Minor. Mohave County has adopted language defining the difference between a Major Amendment and a Minor Amendment to the General Plan and Area Plans, and WHEREAS, the ARS §§ 11-824.C, (Adoption and Amendment of county plan by Board of Supervisors: expiration and re-adoption) requires all Major Amendments proposed for adoption to the comprehensive (General) plan by the Board of Supervisors shall be presented at a single public hearing during the calendar year the proposal is made, and WHEREAS, this amendment will clearly set the guidelines for the state law requirements for a Major Amendment and to conform to the public participation and public hearing processes required by law,the processing timelines to submit, review, and process a Major amendment have been altered as a result the new Growing Smarter Legislation. Mohave County is therefore altering the Zoning Ordinance to bring Mohave Count into conformity with the law and to allow an appropriate amount of time to receive amendments, review them and schedule them for a single public hearing before the Board of Supervisors within the calendar year that the proposals are made, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on November 13, 2002, the Commission recommended APPROVAL of the attached Mohave County Ordinance No. 2002-04, an amendment to Section 40.2 of the Mohave County Zoning Ordinance regarding the update of the amendment process for the general plan and area plans. PAGE 2 OF 5 BK 4310 PG 836 FEEt2oo2O86774 RESOLUTION NO. 2002-398 Page 2 WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, on November 27, 2002, and posted on November 29, 2002, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their special meeting on Monday, December 16, 2002, APPROVED of the attached Mohave County Ordinance No. 2002-04, an amendment to Section 40.2 of the Mohave County Zoning Ordinance regarding the update of the amendment process for the general plan and area plans, as recommended by the Mohave County Planning and Zoning Commission and outlined herein. MOHAVE CO ;Y B I ARD OF SUPERVISORS ATTEST I / // „t1I1;1::iill ,1, Tom Sockwell, hairman 4. :,_ Atve.?\. i /Is _di', Barbara Bk Cl; .-,,-;.---,...z,.:...:/;:.--,--....---. r. iO 7 % I. 011AI OPUS *\ i�A,RI ZONPti��,�\, nnnn