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HomeMy WebLinkAbout98-151 OFFICIAL RECORDS OF MOHAgE JOAN MC (:ALL, MOHAVE COUNTY RECOF~DER 05108/98 01:57P PAGE 1 OF 7 MOHAVE COUNTY BOARO OF REOORQ[NG FEE 0.;; RESOLUTION NO. 98-151 A RESOLUTION SETTING FORTH THE ADOPTION OF MOHAVE COUNTY ORDINANCE NO. 98-06, AN AMENDMENT TO THE MOHAVE COUNTY ZONING REGULATIONS BY AMENDING SECTION 30, BOARD OF ADJUSTMENTS. WHEREAS, at their regular meeting on May 4, 1998, the Mohave County Board of Supervisors held a public hearing on this item, and WHEREAS, the Mohave County Zoning Regulations need to provide clear and more concise in£ormation to the members of the Boards of Adjustment and the general public, and WHEREAS, these regulations reflect the Arizona Revised Statutes, revised, and current case law concerning the Boards of Adjustment, and WHEREAS, the Mohave County Planning and Zoning Commission considered this item at the meeting on March 11, 1998 where the Commission recommended to the Board of Supervisors this amendmem to Section 30 of the Mohave County Zoning Ordinance, and WHEREAS, this amendment was advertised in a newspaper of general circulation, published in Kingman, Arizona on April 25, 1998, and posted on April 28, 1998. NOW THEREFORE BE IT RESOLVED, by the Mohave County Planning and Zoning Commission, that Mohave County Ordinance No. 98-06, amending Section 30 of the Mohave County Zoning Regulations, is adopted by the Board of Supervisors. INDEXED OFFICIAL RECORDS OF MOHAVE JOAN MC: CALL, MONAVE COUNTY RECOROER 05/06/98 09:40A PAGE 1 OF 7 MOHAVE COUNTY BOARD OF SOPERVISORS RECORDING FEE RESOLUTION NO. 98-151 A RESOLUTION SETTING FORTH THE ADOPTION OF MOHAVE COUNTY ORDINANCE NO. 98-06, AN AMENDMENT TO THE MOHAVE COUNTY ZONING REGULATIONS BY AMENDING SECTION 30, BOARD OF ADJUSTMENTS. WItEREAS, at their regular meeting on May 4, 1998, the Mohave County Board of Supervisors held a public hearing on this item, and WHEREAS, the Mohave County Zoning Regulations need to provide clear and more concise information to the members o£the Boards of Adjustment and the general public, and WHEREAS, these regulations reflect the Arizona Revised Statutes, revised, and current case law concerning the Boards of Adjustment, and WHEREAS, the Mohave County Planning and Zoning Commission considered this item at the meeting on March 11, 1998 where the Commission reconunended to the Board of Supervisors this amendment to Section 30 of the Mohave County Zoning Ordinance, and WHEREAS, this mnendment was advertised in a newspaper of general circulation, published in Kingman, Arizona on April 25, 1998, and posted on April 28, 1998. NOW THEREFORE BE IT RESOLVED, by the Mohave County Planning and Zoning Commission, that Mohave County Ordinance No. 98-06, amending Section 30 of the Mohave County Zoning Regulations, is adopted by the Board of Supervisors. MOH~ ~RVISORS James R. MOHAVE COUNTY ORDINANCE NO. 98-06 AN ORDINANCE AMENDING SECTION 30 OF THE MOHAVE COUNTY ZONING REGULATIONS REGARDING THE BOARDS OF ADJUSTMENT. Section 30. Boards of A4iustment of the Mohave County Zoning Regulations is amended as follows (words or phrases to be added are bolded, words or phrases to be deleted are z~uck): Section 30 BOARD OF ADJUSTMENT AND VARIANCES A. Board of Adjustment m~r-A-zvea~_ _ Established ............................... There is hereby created, as provided by ARS 11-807, a Board of Adjustment in each of the supervisorial districts of Mohave County. Each Board of Adjustment shall be composed of three (3) members, each of whom shall be resident and taxpayer of the unincorporated area of the supervisorial district from which he/she is appointed. The members of each such Board shall be appointed for staggered terms of four (4) years each, except the first members shall be appointed for terms of 2, 3, and 4 years. 2. ,~'~,,~,~,~ ..... ..... Each Board of Adjustment shall meet regularly at least ..... ,,~ ,,,,,~,L,,~- twice' per year and more often, if necessary, for the transaction of business, it shall elect its own officer, establish its own rules, keep a record of its actions and render a mont?,ly report to the Supervisors and the Plmming and Zoning Commission after each meeting. Any finding, ruling, or decision of said Board relating to the administration of the Zoning Ordinance and Regulations shall be an order of business as either a regular or special meeting of said Board, and shall be fully reported in the minutes of the Board. B. Powers and Duties ~,,,~,o. ......... The jurisdiction of each Board of Adjustment shall be limited to unincorporated areas of the supervisorial district from which the members thereof are appointed. The authority of said Board, in each instance, shall extend only to the interpretation of the Zoning Ordinance and Regulations, to the granting of variances and to the adjustment of the application of these regulations to overcome practical difficulties and prevent unnecessary hardship in the application of regulations so contained herein. Each Board of Adjustment shall have power to: al. Interpret the Zoning Ordinance and Regulations when the meaning of any word or phrase ora or section is in doubt, when there is dispute as to such meaning between the appellant and the enforcing officer, or when the location of a zone boundary is in doubt; such interpretation may be made after consultation with other Boards in said County for purposes of uniformity. BK ~054- PG 94]. MOHAVE COUNTY ORDINANCE NO. 98-06 Page 2 b2. Allow a variance from the terms of the Ordinance and Regulations when, owing to peculiar conditions, a strict interpretation would work an unnecessary hardship, if in granting such variance the general intent and purpose of the zoning ordinance will be preserved. e3. Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Zoning Inspector in the enforcement of the provisions of this Ordinance and Regulations. 4. Allow a variance in the form of a reduction of building site area and yard requirements where, in its judgment, the shape of the building site, topography, the location of existing buildings or other conditions make a strict compliance with said regulations impossible without practical difficulty or hardship; but, in no case, except as hereinafter provided, shall these regulations be reduced in such manner as to violate the intent and purpose of this Ordinance and Regulations. C. Variance - Definition 1. As used in these regulations, a variance may be authorized for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by a variance, nor shall a variance be granted because of the presence of nonconforming uses in the zoning district or adjoining zoning districts. 2. A variance may also be authorized for no more than a ten (10) per cent decrease in parking spaces required by Section 26 and no more than a ten (10) per cent increase in the size of signage allowed by Section 31.D.12.c and 31.D.13.c(1). P,D. Pfc, ccd'arc Application for Variance. 1. Who Submits: An application for a variance may be submitted by the property owner or an agent authorized in writing to act on the owner's behalf, in the supervisorial district in which said variance is desired, to the Planning Director. 4-2. Application: Application for any pen~issible variance of regulations, as provided herein, shall be made by the owner or his representative to the Board of Adjustment in the supervisorial district in which said variance is desired, in the form of a written application, four (4) copies of which are to be sent to the Planning and Zoning Director, and be accompanied by: a. Four (4) copies of accurate plot plans and descriptions of the property involved and the proposed use with preliminary outline plans of all proposed buildings. MOHAVE COUNTY ORDINANCE NO. 98-06 Page 3 b. Evidence of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans after issuance of permit. c. A list showing the names and addresses of all persons, firms, or corporations appearing on public record as owning property within the area proposed to be affected and within 300 feet of any part of the property for which a variance is requested. The list must include the names of all persons purchasing land under recorded contracts of sale, and must be certified as to completeness by the applicant or some person otherwise qualified by knowledge of the public records. The Planning and Zoning Director shall determine the completeness of the list before accepting it for filing. d. Processing Fee (see Section 8, t,¥~3 Ordinance these Regulations) E. Procedures for Variance. 1. The Planning and Zoning Director shall submit his/her report containing the County staffs findings and recommendations on each application for a major variance to the Board of Adjustment. 2. The Board of Adjustment shall hold a public hearing not later than thirty (30) days after the application and report and recommendation of the Director is filed with the secretary of the board. Published and personal notice of the public hearing shall be given in the manner provided in Section 40.C.1-2. F. Annroval Standards for Variances. 1. The Board of Adjustment shall not approve a variance unless it finds: BI', 3084 F'6 9~-~ FEE .... ,,, t ,- MOHAVE COUNTY ORDINANCE NO. 98-06 Page 4 a. That there are special circumstances or conditions applicable to the property referred to in the application which do not prevail on other property in that zone. b. That the strict application of the regulations would work result in an mmecessary hardship and that the granting of the application is necessary for the preservation and enjoyment of substantial existing property rights. c. That the granting of such application will not materially affect the health or safety of persons residing or working in the neighborhood and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. d. That substantial conformity to standards previously established in the zone may be secured. e. That detriment of injury to the neighborhood will not result from the granting of a variance as applied for. £. That substantial conformity to standards previously established in the zone may be secured and that detriment of injury to the neighborhood will not result from the granting of a variance as applied for. B,~. Z. 084 F'~ %4- :~:.~ >,"e" ;n MOHAVE COUNTY ORDINANCE NO. 98-06 Page 5 G. Decision on Variance. The Board of Adjustment shall approve, approve with conditions or deny the application for variance. 1. Action on Applications The Board may approve, conditionally approve, or deny the issuance of said permit and transmit notice of its action to the Zoning Inspector. A report of its findings, decision, and any conditions imposed or required, shall also be submitted promptly to the Planning and Zoning Commission and to the Board of Supervisors. 2. Conditional Approval In approving any variance, the Board of Adjustments may attach such conditions as will, in its opinion, substantially secure the objectives of the regulation or provisions to which such variance is granted, and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted. The Board shah provide the Planning and Zoning Director with a copy of the same. 4 3. Guarantees Where necessary, the Board of Adjustment may require guarantees, in the form of Performance Bond, Trust Agreement, or Unconditional Guarantee, from a local bank or Federally Insured Savings and Loan Association, to insure that the conditions designated in connection therewith are being, or will be, complied with. Where any condition under which a variance has been granted is violated, the variance shall cease to exist, and the permit shall become null and void. If the Planning and Zoning Director, after inspection by County staff, will determine if there are reasonable grounds to find that a permit has become null and void, he/she shall set a hearing before the Board of Adjustment for a final decision. MOHAVE COUNTY ORDINANCE NO. 98-06 Page 6 4. Disapproved Applications In the event the Board of Adjustment disapproved an application for a variance, no permit shall be issued pending further action thereon by an appeal to the Superior Court within thirty (30) days from the date said disapproval is officially entered on the minutes of the Board, if said Court shall overrule the action of the Board, then the Zoning Inspector shall issue the requested permit without further action by the Board, unless the Court orders the Board to hold a further hearing to permit the Board to fix conditions or require guarantees. H. Limitations on Variance. 1. No variance shall be granted that allows a land use prohibited in the zoning district in which it is located or that changes any boundary of the district, nor shall any variance be granted that changes the density of residential use by more than five per cent (5%). Any variance so granted is null and void, and any activities undertaken pursuant to such variance shall be deeded in violation of this title. 2. The Board of Adjustment in approving a variance shall impose the following conditions: (a) Commencement of construction within six (6) months and completion within one (1) year of the granting of the variance; and (b) Conformance to plans approved as a part of the variance. I. Appeals: Any person aggrieved in any manner by an action of a Board of Adjustment may within thirty (30) days appeal to the Superior Court, and the matter shall be heard de novo as appeals from Justice Court. ,L Limits on Code Enforcement: If the application for a variance is to clear or relieve a zoning violation which has pending enforcement action, that action shall be suspended upon the submission of the application and the determination that the application is complete, unless the violation is considered by the Planning Director prior to Board action or the Board of Adjustment following action to be a nuisance or a hazard to the surrounding area.