HomeMy WebLinkAbout98-186 RESOLUTION NO. 98-186
A REsOLuTION STATING TI~ MOHAVE COUNTY BOARD OF SUPERVISORS OPPOSITION
TO ARIZONA FIOUSE BILL 2621.
WI-IEREAS, House Bill 2621, which mends Arizona Revised Statutes Section 11-829, has been
passed by the Arizona House but narrowly defeated in the Arizona Senate, and
WHEREAS, Mohave County expects HB 2621 to be reconsidered by the Arizona Senate, and
WHEREAS, the effect of the amendment will be to prohibit Arizona Counties from initiating an
action that results in a reduction of zoning classification that restricts the use or reduces the value of land
without the express written consent of the property owner, and
WI-t~EREAS, this amendment will impede the county's ability to plan and zone in the best interest
of the public, and their health, safety and welfare, and
WHEREAS, this amendment will severely hamper the county's ability to implement the general
plan and adopted area plans, and
WHEREAS, this amendment may prohibit counties from creating new overlay zones that address
health, safety and welfare needs, such as airport overlay zones and design review overlay zones, and
WHEREAS, this amendment may not allow changes to the text amendments of the zoning
ordinance that increase restrictions without the written consent of all property owners, even though the
restriction may be needed for health or safety reasons, or may be minor in nature, and
WHEREAS, gaps in zoning will occur in neighborhoods or area~ where the majority of the
landowners support a change in zoning but some owners choose to opt out, and
WHEREAS, Arizona counties infrequently downzone private property, and
WI-EEREAS, adequate safeguards exist to thwart unnecessary downzoning or unreasonable increases
in the restriction of use, and
WHEREAS,planning and zoning decisions are best addressed at the local level where the people
most affected can have the greatest affect, and
RESOLUTION NO. 98-186 Page 2
WHEREAS, zoning is an inherently legislative act and the amendment delegates the legislative
authority for zoning from the Board of Supervisors to the individual property owners, and
WHEREAS, the Mohave County Board of Supervisors believes that this amendment is not in the
best interest of the citizens of Mohave County.
lqOW TI-I'EREFORE BE IT RESOLVED, that the Mohave County Board of Supervisors opposes
House Bill 2621 and any amendment to ARS 11-829 that unduly and unreasonably restricts the ability of
Arizona counties to plan and zone for the protection of the health, safety and welfare of county residents.
Further, that copies of this resolution shall be sent to the representatives and senators representing the county
area and Governor Jane Hull, as appropriate.
, ~VlSORS
~,~,~ James R~