HomeMy WebLinkAbout98-040 OFFICIAl_ RECORDS OF' MOHAVE
JOAN MC CALL~ MOHAVE COUNTY RECORDER
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MOHAVE COUNTY 80ARO OF SUPERVISORS
RECOROING FEE
RESOLUTION NO. 98-40
A RESOLUTION SETTING FORTH THE ADOPTION OF ORDINANCE 98-01, AN
AMENDMENT TO THE MOHAVE COUNTY ZONING REGULATIONS BY DELETING
SECTION 27.E, NON-CONFORMING USES., AND ADDING IN SECTION 34,
NONCONFORMING USES.
WHEREAS, at their meeting on February 17, 1998, the Mohave County Board of Supervisors held
a public hearing on this item, and
WHEREAS, the Mohave County Zoning Regulations do not adequately address nonconforming
uses, and
WHEREAS, Section 27.E, Non-Conforming Uses, of the Mohave County Zoning Regulations does
not adequately reflect the current state of law regarding nonconforming uses or adequately inform the public
of the requirements and limitations for nonconforming uses, and
WHEREAS, Mohave County must accurately decide whether uses are nonconforming and how
those uses are to be handled, and
WHEREAS, these regulations reflect the Arizona Revised Statutes, revised, and county policy
concerning nonconforming uses, and
WHEREAS, this amendment was advertised in a newspaper of general circulation, published in
Kingman, Arizona on January 31, 1998, and posted on January 30, 1998, and
WHEREAS, at their meeting on November 12, 1997, the Mohave County Planning and Zoning
Commission held a public hearing on this item and recommended that the following amendment be
approved by the Board of Supervisors.
~~REFORE BE IT RESOLVED, that the Mohave County Board of Supervisors
AAIS.' []~!YI~ .ution No. 98-40 together with Mohave County Ordinance No. 98-01 to be effective
~"~-"~"~"~ ~'~ ~'rom the date of approval.
~~ ~=~ MOHAVE COUNTY BOARD OF SUPERVISORS
MOHAVE COUNTY ORDINANCE NO. 98-01
AN ORDINANCE ADOPTED TO DELETE SECTION 27.E AND ADDING SECTION 34 TO THE
MOHAVE COUNTY ZONING REGULATIONS REGARDING NONCONFORMING USES.
The Mohave County Zoning Regulations are amended by deleting Section 27.E, Non-Conforming Uses. and
by adding Section 34 to read as follows:
Section 34 NONCONFORMING USES
A. Continuation of Use
Existing structures or uses of land and/or structures which were in compliance with prior zoning
regulations on the effective date of these regulations or any change or amendment to these regulations
may be continued notwithstanding any nonconformance to provisions of these regulations.
B. Prohibition on Expansion of Use or Structure
No nonconforming use or structure may be expanded or enlarged except as set forth below:
1. A nonconforming commercial or industrial use within a district may be expanded up
to 100% of the area of the original commercial or industrial use. Any expansions in the
structure must conform to current county ordinances, regulations and codes.
2. Any existing residential structure authorized in the district but made nonconforming
as to dimensional or area standards may be expanded provided the expansion does not
contribute to nor increase the specific nonconforming dimensional or area requirement.
Any expansions in the structure must conform to current county ordinances,
regulations and codes.
C. Change in Nonconforming Use
A nonconforming use may not be changed to another nonconforming use. If the intended change in
use is to a use permissible within the district, but all requirements of the district cannot reasonably
be complied with, the use may be established only by zoning use permit. Once a nonconforming use
has been converted to a conforming use, the property shall not revert to nonconforming status.
D. Repairs and Maintenance and Restoration
Nonconforming structures may be repaired, or may be restored or reconstructed, in the event of
destruction by fire, explosion or other disaster, consistent with Section 34.B.2 of these regulations.
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MOHAVE COUNTY ORDINANCE NO. 98-01 Page 2
E. Abandonment and Discontinuance
When a nonconforming use is discontinued for a consecutive period of 180 days, the property may
thereafter be used only for conforming purposes. Conforming use of the property shall be established
pursuant to these regulations.
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