HomeMy WebLinkAbout2024-10 WHEN RECORDED RETURN TO:
LAT.rRA SKUBAL,CLERK OF THE BOARD FEE# 20240 0698
700 W.BEALE STREET
3RD FLOOR OFFICIAL RECORDS
KINGMAN,AZ 86401 OF MOHDAVE URSTOUNTY
LYDIACOUNTY RECORDER
06/10/2024 03:48 PM Fee: $0.00
PAGE: 1 of 10
MOHAVE COUNTY ORDINANCE NO. 2024-10
A RESOLUTION SETTING FORTH AN AMENDMENT TO THE MOHAVE COUNTY
ZONING ORDINANCE SECTION 12.2, ENERGY OVERLAY (E) ZONE; SECTION 37.A,
SPECIAL USES; AND SECTION 37.U, ENERGY PROJECTS TO AMEND THE ALLOWED
LOCATION AND REQUIREMENTS FOR RENEWABLE ENERGY PROJECTS IN MOHAVE
COUNTY,ARIZONA
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on
Monday,June 3,2024, 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, on October 16, 2023, The Mohave County Board of Supervisors implemented a
moratorium on the designation of the E(Energy Overlay)zone and directed staff to determine the impact
of utility-scale renewable energy projects and propose necessary changes to the Zoning Ordinance and
General Plan, and
WHEREAS,staff reviewed available data and reviewed the policies and requirements for utility
scale renewable energy projects throughout the State of Arizona, and
WHEREAS,the proposed amendment is intended to provide an easier path to permit renewable
energy projects in industrial areas, where they are better suited, while still providing away to allow for
renewable energy projects in the more rural portions of the County that may be suitable for this type of
development, and
WHEREAS,the proposed amendment removes the E(Energy-Overlay)zone,and instead allows
renewable distributed generation renewable energy projects in the M-2 (General Manufacturing) zone,
A-D (Airport Development) zone, and M-X (Heavy Manufacturing) zone, and allows them with an
approved Special Use Permit in the A-R (Agricultural Residential) zone and R-E (Residential
Recreation) zone, provided that there are no residences within one (1) mile of the boundaries of the
proposed development, and
WHEREAS, the proposed amendment adds additional information that is required with the
application of a Special Use Permit for a renewable energy project, as well as additional information that
is required for the Site Plan review of a Renewable Energy Project, and
MOHAVE COUNTY ORDINANCE NO. 2024-10 PAGE 2
WHEREAS, liquid hydrogen production projects will not fall under the definition of distributed
generation or isolated generation projects, and as a result will only be allowed in the M-X (Heavy
Manufacturing) zone with a Special Use Permit, and
WHEREAS, in addition, no solar panels, wind turbines or other generative units or battery
storage will be allowed within 100' of a neighboring residentially zoned property, and
WHEREAS, at the April 10, 2024 Planning and Zoning Commission meeting, this item was
continued to allow for staff to meet with stakeholders within the energy industry to discuss possible
changes to the proposed amendments, this meeting was held via Microsoft Teams on April 23, 2024,
and
WHEREAS, at the meeting with stakeholders, it was proposed to change the requirements for a
Special Use Permit for a renewable energy project to not be allowed if there are any existing residences
within one-quarter(1/4)miles from the proposed project, as opposed to the previously proposed one (1)
mile radius, in addition it was proposed to allow a way for property owners within the one-quarter(1/4)
mile area to sign a statement of no-objection to the proposed development to allow the proposed
development to continue through the approval process, 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 May 8,2024,the Commission recommended APPROVAL of this Amendment to the Mohave County
Zoning Ordinance, and
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 May 15, 2024, and was posted on the Mohave County website on May 17, 2024 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 Monday, June 3, 2024, ADOPTED this amendment to the Mohave County
Zoning Ordinance as follows (wording to be deleted is struck, and wording to be added is bolded and
double underlined, as shown below):
MOHAVE COUNTY ORDINANCE NO. 2024-10 PAGE 3
Ener-gy Over-lay for-the Rezone pr-eeess. The uses of the tmder4ying zone may eentiRue after appr-eval ef the
these urless these uses are restri�ed by the Rezone to
Energy Over-lay. Standards for-develepmei# sueh as sethaeks and heights if differ-
from under' i
yiag ei be established upeii Energy
O 1. est n , l „lam, to the 0 0.,+ ,-,lace of the s+.,„.1.,«.ls e
�7',, ��..�J ��:�'..'.� .i ....�... ..... `^T'Y`J .., ...�.� �����bJ' t.i��__. .a Yam"__ .,_ �_�_ .._�_��__ __
the -undefl `inkzene. or- uses et a part .,f the eflefgy pr6jeet, the development
sta-ad fdsior the t der-1 ping ze rc apply. ThEnergy Over-lay zone may be used oil
i i
Reffeai+,ro \i A D (A' A D&yelOFsirr i! 1 (r(Light Nl ilufaet in )i A! 7 (General
A ii.,,-,,f.,+,,,.inn)i 11 R A! V (Heavy .,t f.,+„r;ng)
Wiese
pt,eets ift leeations that are suitable and i
uses-vrr-cldjucenvr-near-by pr-6i3crcrcs, izccc:ri-t9- '0r- srrccc-vi—highway, rai
.seiviee--ef othef means of tr-ansp@r-tati6x and the w'ailabily^vi utilithy
inter-eeimec-tions.It is the interAien of this pr-evision to pr-effiote energy gr-ewffi that
benefit the eenununity and not subjeet it to unexpeeted hazards er- other- eanditiefis
that would f + .a .,ol„the publie health, sa +„ and general welf
3. Type designation
Lq general aaa approval shall speeify a type of pr-ejeet based upen the r-epr-esefttatioll of
the eF ,l .l the e +; o for- A eh
c rvvia�iir- i=ecrc�r ce�0iii�r- znge of t-f}3e
desigaafiefirsi a as aa afftendmetA o f the n it a o f l +
uYYry v'u.l
C (Energy col.,,-)
e. E n (ERer- , Other)
4 Lk:PA4atiens
The Energy Over-lay zen + be used +l, establish „+;" .,l fossil fuel of
nueto power,molar+s
D.
Uses Pefffiiftv-d
l B:uildiftgs and equipment k4e .,l to the ,last,f l'+„
�.�-v lc�ciii�
3. EquipmefA storage and eenstnietion staging areas for the pfejeet.
MOHAVE COUNTY ORDINANCE NO. 2024-10 PAGE 4
G. Uses Mlowed After- A..eu r;,,e a Sp_,,-_;al Use Permit
z.
D. 1466A and Sethae—k
Nlffldffmm height aftd mkii� sethaeks for an Energy Overlay zone v�411 be detem-�fled by
the type and elass ef the Efter-gy zone requested ate to the development.
E. Development a-ad Pedafmanee Standards
L All appltGilttle pF9v3'sIi-zrrof Seetiew3 , , , and 38 sha4l urYiy in this zone.
2 Eqa r,r ent ,,,1 reserve pai b stared in a +, 1' .l 1 +' .1
vvscared. Disabled equipment a-ad ser-apped materials shall „0+ be CLL VV \LL +
L�
aee late en the site but may be temper-ar-ily stored ffii a view obseufed leea
pending
7
3. Prejeets in the viekaityof er landing field shall .,e 1<, .,;+1, afty
applieable regulations of the Federal Aviation Admj-Bisb�atien,
4. A liea-,+ shall ,lo,..,.,,,.,trate that„eig b,.,r;r g„s will be adequately buffered.
MOHAVE COUNTY ORDINANCE NO. 2024-10 PAGE 5
Section 37 GENERAL PROVISIONS
Section 37.A SPECIAL USES
A. Special Uses The following uses may be permitted in zones in which they are not
specifically permitted by this Ordinance,where such uses are deemed essential or desirable to
the public convenience or welfare, and are in harmony with the various elements or
objectives of the General Plan.
In each instance, the matter shall be processed as a Special Use Permit.
1. Airports or aircraft landing fields, permanent public utility facilities (does not
include distribution lines), and communications installations, and public and private
sanitary landfills.
2. Cemeteries, columbarium, crematories and mausoleums.
3. Establishments of temporary or permanent enterprises involving large assemblages of
people or automobiles, including amusement parks, circuses, fairgrounds, open- air
theaters,racetracks, and recreational centers.
4. Layout and construction of model homes and their use as sales office in an approved
subdivision prior to Final Plat recordation.
5. General Commercial uses that are permitted without a Special Use Permit for the
older mining communities of Oatman and Chloride when the General Commercial
uses will support tourist activities and are within established commercial areas.
v. Renewable�cn vJccis- vn rvpci4ies-zvica n (G cacr,o �z i in
gr"ult. .. .
Rlcen ia4 A D (Air-peilDeyei6p,"epA), R E (ResidepAialceEfeati T T 7
MOHAVE COUNTY ORDINANCE NO. 2024-10 PAGE 6
Section 37.0 ENERGY PROJECTS
U. General Provisions
1. Definitions.
a. Cenixal gene alien. For PuTeses of—tMs Ord—i —e-e,neanseleetfieky
transmission veltage, g ,-allyi:Rer-e+1,.,,-, tin kAl
b. Distributed Off-Site Use Generation. For purposes of this
8rdinanee section, means renewable electricity production that is directly
interconnected to a utility distribution system intended to be sold and used at
a different location. at distdbufiea veltage, generally less than 60 W.I
hydrogen production is not considered an off-site use generation enemy
project as part of this section, and is only allowed in the M-X zone with a
Special Use Permit,per Section 34.D.2 and 34.D.3
C. isolated Renerafieifl On-Site Use Generation. For purposes of this Ordinance,
means renewable electricity production that is intended to be used on-site
and not directly, interconnected to a utility distribution or transmission
system. The metering and use of on-site use generation by the local energy
utility is allowed. ^r tl + ;s net meter-edd. Liquid hydrogen production is not
considered an on-site use generation project, and is only allowed in the M-
X zone with a Special Use Permit, per Section 34.D.2 and 34.D.3.
2. is On-site use generation systems that serve a single property or facility may
be constructed in any zone with an approved Building Permit subject to:
a. Solar panels mounted on a building may not exceed the maximum building
height for the zone. Solar panels mounted on poles or on the ground are
allowed in any zone. The total height of pole-mounted solar panels shall not
exceed the height of the highest architectural feature of the residence, and
the pole shall be located so that if it were to fall, its reclining length would
be contained on the parcel.
b. Wind turbines may exceed the maximum building height for the zone, but
must be placed on the property at a location more than 110% of the total
height of the machine including the blade from the property line.
C. isolated On-site use generation systems shall'meet all applicable codes.
3. Isolated On-site use generation systems not included in Paragraph 2 may be
constructed after approval of a Special Use Permit. The Director may waive
supplemental application requirements listed in Paragraph 5 upon request of the
applicant.
4 Gener-afien systems Off-Site Use Generation Projects may be constructed:
MOHAVE COUNTY ORDINANCE NO. 2024-10 PAGE 7
a. W,+f, ., approved Speeial Use no111+ her-e allowed by Seel .n 37.A.6. In the
M-2 (General Manufacturing)zone and M-X(Heavy ManufacturinLF)zone.
Property that previously have received the E (Overlay) zone will allow for
the type of project for which they were originally approved.
• , YNll..allt.,ll..0 provide!
1) e�eets that-are-s4jeet to the-author y of to a Powe-
,rivri Line�Siting corrarrrczc ,
pfavide-wetter-of fepeA of the Caffhvi#ee regarding the status
�y re vpeiadingbefore that Geese . if., letter- ; + . i b
an appr-eval may be nditiened to require approvalef the
2) Fer-prejec4s that prepese to eenneet tefederally adnli„ster-ea
transi33ission lines, e apphc-ai# sheuld provide a letterer- r-epe
frem the responsible ageney regarding the status--efy�re��e�y
pefidrxg before that ageney. If allett et-avaiiabl-, al
•
6. Aveidanee of dupkeatieft. An applieaftt may ee ale, by ref ,enee, 3`
u if the LL„N lJlyt tuy J
ubfigits
Y the
T '- e material,
ate a •d ell if ifs the
_t r-e d i ,,Meh it w „bn91 fted
n`t111117:• 111 VY111 111 Y^
r� 1 ..
5. Development Standards and Conditions-General.
MOHAVE COUNTY ORDINANCE NO. 2024-10 PAGE S
a. National Codes and Standards. To address safety and power quality issues,
national codes and safety organizations have developed guidelines for
equipment manufacture, installation and operation. The major code and
safety organizations that apply to generation projects are the National Fire
Protection Association (NFPA), Underwriters Laboratories (UL) and
Institute of Electrical and Electronics Engineers (IEEE). Each of these
organizations covers different aspects of the development in the context of
their organizational missions.
Energy projects must comply with these and any other applicable national
codes and standards in effect at the time the project is constructed, unless
more stringent standards are required by the utility receiving the generated
energy.
b. Height and Setbacks. Into the-variety ia size and type of r ee+", +''e
prejeet ,aesig,,- Except as noted below, all structures and generating units
shall meet the height and setback requirements as required in Section 35.
1) No solar panels, wind turbines, or any other generating unit, or
battery storage shall be located within 100' of a neighboring
residentially zoned property.
2) Wind turbines may exceed the maximum building height for the
zone, but must be placed on the property at a location more than
110% of the total height of the machine including the blade from the
property line.
C. Grading of a project site may not commence until required state and federal
approvals are in place and assurances for site restoration are provided.
d. If a project is abandoned for more than twelve (12) consecutive months,
the project shall be removed and the site restored in accordance with the
decommissioning plan.
e. Equipment and reserve parts shall be stored in a centralized location and
view- obscured Disabled equipment and scrapped materials shall not be
allowed to accumulate on the site but may be temporarily stored in aview-
obscured location pending disposal,not to exceed one (1)year.
f. Projects in the vicinity of an airport or landing field shall comply with any
applicable regulations of the Federal Aviation Administration.
7. n
deeeramissiafii�plan,to -
MOHAVE COUNTY ORDINANCE NO. 2024-10 PAGE 9
2) The estknaled deeammissieningeests less salvage value in etiff
demos.
3) The +Necho of ensu iit that funds will be ;1.,1.1ee
and the site r-es+.,,.o,a
h If prejeet eeases te perffafm its intended fuaetien f62- ffier-e thaa twelve-(1z�
eanseeuti-vz- rths, the pr-ejeet shall be removed and the site r-esteredi
6. Documentation and information reauired at the time of site elan review:
a. All applicable requirements of Section 37.N, Site Plan Requirements.
b. The location of the proposed interconnection to a utility, the utility
company to which the project will connect, and the voltage of the power line
to which the project will connect. If the proposed interconnect site is not on
the project property_, include the distance between the property and the
interconnect site and the location of the easements or power lines to provide
the necessary connection.
C. A letter from the utility company indicating that the proposed interconnect
location is acceptable to the utility and that the existing power lines are
sufficient to carry the proposed production.
d. A list of permits, approvals or other actions that the applicant has received
from other government agencies,and from public or privately owned utility
companies.
e. For projects that propose to connect to federally administered transmission
lines, the applicant shall provide a letter or report from the responsible
agency regarding the status of their review.
f. Decommissioning Plan,which shall include:
1) The anticipated life of the project
2) The estimated decommissioning costs less salvage value in current
dollars.
3) The method of ensuring that funds will be available for
decommissioning and restoration.
MOHAVE COUNTY ORDINANCE NO. 2024-10 PAGE 10
4) The anticipated manner in which the project will be
decommissioned, and the site restored.
PASSED,APPROVED,AND ADOPTED THIS 3RD DAY OF TUNE 2024
MOHAVE COUNTY BOARD OF SUPERVISORS
rA,— (��
dy Angius, Chairman
Viso
t7"
Laura Skubal, Clerk of the Board O
cc rn
Act
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