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Home My WebLink About2023-03 WHEN RECORDED RETURN TO: GINNY ANDERSON,CLERK OF THE BOARD FEE# 20230 0652 700 W.BEALE STREET ►� .,, tir 3�FLOOR OFFICIAL RECORDS OF MOHAVE COUNTY a ; KINGMAN,AZ 86401 KRISTI BLAIR, COUNTY RECORDER A� >w ,.... 07/06/2023 01:54 PM Fee: $0.00 PAGE: 1 of 5 MOHAVE COUNTY ORDINANCE NO. 2023-03 AN ORDINANCE SETTING FORTH AN AMENDMENT TO THE MOHAVE COUNTY ZONING ORDINANCE SECTIONS 8, 13, 19, 21, 22, AND 23, TO ALLOW FOR CHICKENS AS AN ACCESSORY RESIDENTIAL USE IN R-1 (SINGLE FAMILY RESIDENTIAL), R-O (SINGLE FAMILY RESIDENTIALIMANUFACTURED HOMES PROHIBITED), R-2 (MEDIUM DENSITY RESIDENTIAL), R-MH (RESIDENTIAL-MANUFACTURED HOMES), AND R-M (MULTI-FAMILY RESIDENTIAL) ZONES. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on Monday,July 3, 2023, 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, the Department of Development Services is updating Sections 13, 19, 20, 21, 22 and 23 of the Mohave County Zoning Ordinance. The update will allow chickens to be raised for domestic purposes as an accessory use on residentially zoned property in Mohave County. Chickens shall be kept in an adequate enclosure that prevents them from roaming at large. There shall be no more than one chicken per 1,000 square feet of lot area and in no instance shall roosters or other poultry be allowed by this update, and WHEREAS,there is currently a proposal,at the state level,to prohibit municipalities or counties from adopting a zoning ordinance that bans those in a single family detached residence,on land one half acre or less, from keeping fowl in their backyard, but allows municipalities or counties to establish certain requirements for keeping these animals. The City of Kingman and Bullhead City have already updated their zoning ordinance to address chickens as an allowable use on residentially zoned properties within their jurisdiction,with the City of Kingman allowing one bird per 1,000 square feet,not to exceed 36 birds and Bullhead City allowing no more than six chickens to be kept upon the first one-half acre or less,with an additional one-half acre required for each additional six chickens, and WHEREAS,the following described 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. The proposed action and effect comply with the Arizona Revised Statutes. WHEREAS,at the public hearing before the Mohave County Planning and Zoning Commission on June 14, 2023, the Commission recommended APPROVAL of this Amendment to the Mohave County Zoning Ordinance, and MOHAVE COUNTY ORDINANCE NO. 2023-03 PAGE 2 WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, the Spectrum, a newspaper of general circulation in the Arizona Strip Vicinity, Mohave County, Arizona the Mohave Valley Daily News, a newspaper of general circulation in the South Mohave Valley vicinity, Mohave County, Arizona, and Today's News-Herald, a newspaper of general circulation in the Lake Havasu vicinity, Mohave County, Arizona, on June 18, 2023, and was posted on the Mohave County website on June 18,2023 as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT ORDAINED, that the Mohave County Board of Supervisors at their regular meeting on July 3, 2023, ADOPTED this Ordinance to amend Section 19, 21, 22, and 23 of the Mohave County Zoning Ordinance as follows (wording to be added is bolded and double underlined): Section 19 REGULATIONS FOR SINGLE-FAMILY RESIDENTIAL OR"R-11', "R-O" ZONES C. Uses Permitted 1. R-1 (Single-Family Residential) zone. a. A single-family dwelling, including a site-built home, a manufactured home (see Section 37.H) or a factory-built building, designed and used for single-family occupancy as defined in this Ordinance, accessory structures and uses normally incidental to single-family residences, child care, adult foster care with a Home Occupation Permit as provided in Section 37.L, 37.Q and 37.S, and home occupations as provided in Section 37.L. b. Churches. C. Community gardens. d. Neighborhood Parks per Section 18.2, excluding commercial concessions. e. Wireless communication towers and facilities with a maximum antenna height of forty (40) feet(see Section 37.R). f. Chickens raised for domestic purposes as an accessory use. Chickens shall be kept in an adequate enclosure that prevents them from roaming at large. There shall be no more than one chicken per 1,000 square feet of lot area and in no instance shall roosters or other poultry be allowed. 2. R-O (Single-Family Residential/Manufactured Homes Prohibited) zone. a. A single-family dwelling, including a site-built home or a factory-built building, designed and used for single-family occupancy as defined in this Ordinance, accessory structures and uses normally incidental to single-family residences, child care,adult foster care with a Home Occupation Permit as provided in Section 37.L, 37.Q and 37.S, and home occupations as provided in Section 37.L. Mobile MOHAVE COUNTY ORDINANCE NO. 2023-03 PAGE 3 homes and manufactured homes are prohibited. Recreational vehicles are prohibited except as provided in Section 37.K. i b. Churches. c. Community gardens. C. Wireless communication towers and facilities with a maximum antenna height'of forty (40) feet(see Section 37.R). d. Chickens raised for domestic purposes as an accessory use. Chickens shall be kept in an adequate enclosure that prevents them from roaming at large. There shall be no more than one chicken per 1,000 square feet of lot area and in no instance shall roosters or other poultry be allowed. Section 21 REGULATIONS FOR MEDIUM-DENSITY RESIDENTIAL OR"R-2" ZONE C. Uses Permitted 1. Zero lot line/single-family attached dwellings. 2. Townhouse or patio house development. 3. Multiple-family dwellings, including condominium projects. 4. Duplexes. 5. Recreational facilities that serve as an integral part of the permitted residential use, including but not limited to golf courses, clubhouse, community center building, and tennis facilities. 6. Community Gardens. 7. Other uses similar to the above uses. 8. Churches and similar places of worship, libraries, schools,hospitals,parks and playgrounds, and public and quasi-public buildings. 9. Child care, day care center,pre-school,pursuant to Section 37.Q of this Ordinance. 10. Adult Care—Adult Day Health Care,Adult Foster Care,Assisted Living Center,Assisted Living Facility (see Section 37.S). 11. Wireless communication tower and facilities with a maximum antenna height of forty (40) feet (see Section 37.R). 12. Chickens raised for domestic purposes as an accessory use. Chickens shall be kept in an adequate enclosure that prevents them from roaming at large. There shall be no more than one chicken per 1,000 square feet of lot area. and in no instance shall roosters or other poultry be allowed. MOHAVE COUNTY ORDINANCE NO. 2023-03 PAGE 4 Section 22 REGULATIONS FOR SINGLE-FAMILY RESIDENTIAL MANUFACTURED HOME OR"R-MIS" ZONE C. Uses Permitted 1. Manufactured home parks or subdivisions (see Section 371). 2. Churches. 3. Schools. 4. Community Gardens. 5. Manufactured home used as a single-family dwelling unit, child care, adult foster care or other,home occupation with an approved Home Occupation Permit as provided in Sections 37.L, 37.Q, and 37.S. 6. Facilities necessary exclusively for the needs and uses of those people who will be residing therein. 7. Wireless communication towers and facilities with a maximum antenna height of forty (40) feet(see Section 37.R). I 8. Chickens raised for domestic purposes as an accessory use. Chickens shall be kept i in an adequate enclosure that prevents them from roaming at large. There shall be no more than one chicken per 1,000 square feet of lot area and in no instance shall roosters or other poultry be allowed. Section 23 REGULATIONS FOR MULTIPLE-RESIDENTIAL OR"R-M" ZONE C. Uses Permitted 1. A single-family dwelling, including a site-built home, a manufactured home (see Section 37.H) or a factory-built building designed and used for single-family occupancy as defined in this Ordinance, is allowed. Multiple dwellings, group dwellings such as cooperative apartments, condominium projects, townhouses, or patio house developments, duplexes, professional office buildings,. Assisted Living Centers, and commercial dwellings are allowed. Also, childcare, adult foster care with a Home Occupation Permit, as provided in Sections 37.L, 37.Q, and 37.S, and other uses similar to the above uses are allowed. In addition, factory-built buildings may be used for duplexes,multiple dwellings, and general commercial buildings if they are so designed. 2. Community gardens. 3. Churches, libraries, museums, schools, hospitals, parks and playgrounds, and public and quasi-public buildings. 4. Only one single-family residence on each lot or parcel. 5. Wireless communication towers and facilities with a maximum antenna height of forty (40) feet(see Section 37.R). MOHAVE COUNTY ORDINANCE NO. 2023-03 PAGE 5 6. Detached accessory structures are allowed in conjunction with a single-family residence. Detached accessory structures such as garages, carports, and storage buildings, in conjunction with multiple residences, may be constructed as structures in common. Detached accessory structures serving only one of the multiple dwelling units are not allowed. A building permit for an accessory structure will require a residence to be established, or at a minimum proposed, as evidenced by an approved building permit, prior to issuing a building permit for an accessory or incidental structure. i 7. Chickens raised for domestic purposes as an accessory use. Chickens shall be kept in an adequate enclosure that prevents them from roaming at lame. There shall be no more than one chicken per 1,000 square feet of lot area,and in no instance shall roosters or other poultry be allowed. PASSED,APPROVED,AND ADOPTED THIS 3RD DAY OF JULY 2023 MOHAVE COUNTY BOARD OF SUPERVISORS Travis genfote. ChUirm VISOgs 5 'boy Ginny Ander 6on Clerk O cc ; m A OITAT OEUS y