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HomeMy WebLinkAbout99-030 RESOLUTION NO. 99-30 A RESOLUTION SETTING FORTH RESOLUTION TO ADOPT ORDINANCE NO. 99-1 TO AMEND SECTION 9 OF THE MOHAVE COUNTY ZONING ORDINANCE BY ADDING A DEFINITION FOR NIGHT WATCHMAN'S QUARTERS; SECTION 23, SECTION 24, AND SECTION 25 OF THE MOHAVE COUNTY ZONING ORDINANCE REGARDING MANUFACTURING ZONING; AND SECTION 27 OF THE MOHAVE COUNTY ZONING ORDINANCE BY ADDING SECTION 27.S, INDUSTRIAL PERFORMANCE STANDARDS. WHEREAS, at their regular meeting on February 1, 1999, the Board of Supervisors held a public hearing on this item, and WHEREAS, the zoning regulations for industrial development have not been reviewed for several years, and WHEREAS, the Mohave County Zoning Task Force reviewed and recommended the proposed amendments, and WHEREAS, the proposed amendments are intended to streamline the approval process for industrial uses while establishing clear performance standards that enhance the beneficial effects and minimize the adverse effects, and WHEREAS, the Planning and Zoning Commission held a public hearing at their meeting on December 9, 1998 and recommended that the Mohave County Zoning Ordinance be amended as stated in the attached ordinance, and WHEREAS, the amendments were advertised in The Standard, a newspaper of general circulation in Mohave County, and published in the county seat on December 23, 1998 and January 13, 1999 and posted throughout the county. NOW THEREFORE BE IT RESOLVED, that at their meeting on February 1, 1999, the Mohave County Board of Supervisors adopted the attached Ordinance No. 99-1 which amends the Mohave County words or phrases to be deleted are struck; words or phrases to be added are bolded). MOH~PERVISORS Jam~ ~ ORDINANCE NO. 99-1 AN ORDINANCE AMENDING SECTION 9 OF THE MOHAVE COUNTY ZONING ORDINANCE BY ADDING A DEFINITION FOR NIGHT WATCHMAN'S QUARTERS; SECTION 23, SECTION 24, AND SECTION 25 OF THE MOHAVE COUNTY ZONING ORDINANCE REGARDING MANUFACTURING ZONING; AND SECTION 27 OF THE MOHAVE COUNTY ZONING ORDINANCE BY ADDING SECTION 27.S, INDUSTRIAL PERFORMANCE STANDARDS. The Mohave County Zoning Ordinance is amended as follows (words or phrases to be deleted are sir, lek and words or phrases to be added are bolded): Amend Section 9 DEFINITIONS by adding the following definition for Night Watchman's Quarters: Night Watchman's Ouarters means living quarters for a watchman on duty at night. The watchman may be the owner or an employee. Amend Section 23 REGULATIONS FOR GENERAL MANUFACTURiNG OR "M" ZONE as follows: Section 23 REGULATIONS FOR GENERAL MANUFACTURING ~'" "~ ~" (MI ZONE A. Purpose. The principal purpose of this zoning district is to provide for general manufacturing uses in locations which are suitable and appropriate taking into consideration the land uses on adjacent or nearby properties, access to major street or highway, rail service or other means of transportation, and the availability of public utilities. It is the intention of the Mohave Cotmty Board of Supervisors to promote industrial growth that will benefit the community and not subject it to unexpected hazards or other conditions that would affect adversely the public health, safety and general welfare. The Manufacturing district corresponds to and implements the Light Industrial (LI) land use designation in the General Plan adopted by Mohave County. B. Uses ' ~ .... ~-':^-- ~"" ~: ......... : .... L_. .... ~ _._t.. ¢__ .~-_ ¢_._...: ........... 1. Any use permitted in the Commercial-Manufacturing (C-M) zone without a zoning use permit. +2. Aircraft finns including sales, service and rental. 23. Bakeries, wholesale. Bottling plants or breweries. ORDINANCE NO. 99-1 Page 2 45. Cleaning plants, including carpets and dyeing. 56. Construction equipment (heavy), including sales, service, and rental and storage (unless a part of a construction site in case of storage). 67. Dairy products, processing of. ~z8. Laboratories, experimental, photo or motion picture, research or testing. Manufacturing, compounding, assembling, processing, packaging or treatment of products such as candy, drugs, perfumes, pharmaceuticals, perfumed toilet soaps, toiletries, but not including the refining or rendering of fats and oils. c)10. Manufacturing, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials~. such as bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, leather, paper, plastics, precious or semiprecious metals, or stones, light sheet metal, shell, textiles, tobacco, tools, toys, wire, yarns, wood not involving planing mills as primary process, and paint not employing a boiling process. -b011. Manufacturing or assembly of electrical appliances, electronic instruments and devices, .... :~, ~__ ~ ..... :_: A-: .............. ~: .... ~ phc, nc, graphs, including the manufacture of small parts only, such .... :~ .... ~ ........... ~ ......... ~ ....... ' '-~'~--~ J~t-12. Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay. J,~13. Packing houses, fruit or vegetable not including processing. 4-314. Grain elevator, cotton gins, compressors, feed processing, and storage. 4415. Junk yards, auto salvage yards, and scrap metal yards. t-516. Plants - block plant manufacture and their associated storage of related materials' -I-617. Storage of mineral production related materials. 4--718. Sales and service of mineral related equipment. -1-~19. Liquid waste treatment plants as approved by the Department of Environmental Quality and/or the Arizona Corporation Commission. 4-920. Night watchman's quarters. ORDINANCE NO. 99-1 Page 3 21. Public and quasi-public facilities such as trade schools, vehicle maintenance or public works facilities, public utilities, correctional facilities, office complexes or emergency services. 22. Similar type uses as indicated above as approved by the Board of Supervisors after receiving a recommendation from the Mohave County Planning and Zoning Commission. 2. app ....... ~ ....................... , ~, ~,, ............ ~h0uld ..... v Uses Rcq;~r~;g Allowed With a Zoning Use Pe~it: 1. AH uses permitted in any "R" (Residential) zone without a zoning use permit when associated with a permitted use a~ per Section 23.R 2. Aboveground fuel tan~ 100 gallons or more. ORDINANCE NO. 99-1 Page 4 D. Height and Area Regulations. The maximum height of buildings, the minimum dimensions of lots and yards, and the minimum lot area permitted shall be as follows: 1. Maximum height -- 120 feet, except that within three (3) miles of any incorporated city or town, the maximum height is sLxty (60) feet; the height within the three (3) mile area may be waived via a zoning use permit, after receiving comments from the city or town. In any case, the maximum height allowed via a zoning use permit is one hundred twenty (120) feet; 2. Minimum front yard -- 20 feet; 3. Minimum side yard -- 0 feet; 4. Minimum rear yard -- 0 feet; 5. Minimum lot area -- 1 acre. E. Development and Performance Standards. 1. All applicable provisions of Sections 25, 26 and 27, and the Mohave County Outdoor Light Control (Dark Sky) Ordinance shall apply in this District. 2. Where new development will be adjacent to a non-industrial zone, a fence or vegetation screening may be required as a condition of site plan approval. 3. Open storage shall be screened from public view. 4. All site plans submitted for projects in this zone that are located within three (3) miles of an incorporated city or town shall be submitted to the city or town for review or comments. Comments from the city or town shall be accepted for fifteen (15) days following submission to the city or town and shall be given due consideration by the county and the applicant. ORDINANCE NO. 99-1 Page 5 Amend Section 24 REGULATIONS FOR HEAVY MANUFACTURING OR "M-X" ZONE as follows: Section 24 REGULATIONS FOR HEAVY MANUFACTURING ~"',~., "~,,.-,~ ~ v,, (M-X) ZONE A. Purpose. The principal purpose of this zoning district is to provide for Heavy Manufacturing uses (processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions) in locations which are suitable and appropriate, taking into consideration land uses on adjacent or nearby properties, access to a major street or highway, rail service or other means of transportation, and the availability of public utilities. ~ .......................... It is the intention of the Mohave County Board of Supervisors to promote industrial growth that will benefit the community and not subject it to unexpected hazards or other conditions that would affect adversely the public health, safety and general welfare. The Heavy Manufacturing district corresponds to and implements the Heavy Industrial (HI) land use designation in the General Plan adopted by Mohave County. 1. Any use permitted in M (General Manufacturing) without a zoning use permit. 2. Canneries. 3. Fertilizer Plants. 4. Refineries. 5. Commercial feed lots. 6. Meat packing plants. ORDINANCE NO. 99-1 Page 6 7. Tallow works. -I-8. Sanitary Landfill - solid waste disposal or the recycling of same. ~9. Tire retreading or rebuilding. 310. Wood planing mills. 411. Manufacturing, or assembly and/or testing of Aircraft, Automotive, Locomotive, Spacecraft or other vehicular ' ...:.~ ..... :_~A~ ......... ,.~ eqmpment; ............................. 512. Mining and milling operations, except as exempted by State laws. 613. Public and private utility power stations and commercial generating plants. 14. Public and quasi-public facilities such as trade schools, vehicle maintenance or public works facilities, public utilities, correctional facilities, office complexes or emergency services. 5z15. Similar type uses as indicated above as approved by the Board of Supervisors after receiving a recommendation from the Mohave County Planning and Zoning Commission. ORDINANCE NO. 99-1 Page 7 Uses Rca_u~r~n~ Allowed With a Zoning Use Permit: 1. All uses permitted in any ';R" (Residential) Zone without a Zoning Use Permit when associated with a permitted use as per Section 24.B. 2. Storage of flammable liquids and gases, and bulk fuels: for sale or distribution. 3. Manufacturing or storage of hazardous chemicals or materials. D. Location on Proper _ty Requirements In addition to meeting the setback and area requirements of this ordinance, buildings and structures shall be located on the property in compliance with the yard, fire resistance, opening protection and other pertinent requirements of the location on property provisions of the building code adopted by Mohave County and the fire code adopted by the fire district in which the project is located. If the fire district has not adopted a fire code, or the project is not located within a fire district, the fire code adopted by Mohave County shall apply. E. Height and Setback Regulations. The maximum height of buildings, and the minimum dimensions of lots and yards, permitted shall be as follows: 1. Maximum height - none, except as provided below: a. Within one-quarter (t/4) mile of any federal highway the height limit shall be one hundred twenty (120) feet and between one-quarter (¼) mile and one (1) mile of federal highway the height limit is one hundred fifty (150) feet; height of building may be increased or stepped ; ORDINANCE NO. 99-1 Page 8 b. Within three (3) miles of any incorporated city or town the maximum height is sixty (60) feet. The height within the three (3) mile area may be waived via a zoning use permit after receiving comments from the city or town. In any case, the maximum height allowed via the zoning use permit is one hundred twenty (120) feet; 2. Minimum front yard - 0 feet; 3. Minimum side yard ~ 0 feet; 4. Minimum rear yard - 0 feet. F. Development and Performance Standards. 1. All applicable provisions of Sections 25, 26 and 27, and the Mohave County Outdoor Light Control (Dark Sky) Ordinance shall apply in this District. 2. All site plans submitted for projects in this zone that are located within three (3) miles of an incorporated city or town shall be submitted to the city or town for review or comments. Comments from the city or town shall be accepted for fifteen (15) days following submission to the city or town and shall be given due consideration by the county and the applicant. Amend Section 25 SETBACK AND AREA REOUIREMENTS as follows: Section 25.B. Specific Requirements MINIMUM MAXIMUM MINIMUM SETBACKS FROM PROPERTY LINE ZONE LOT AREA HEIGHT FRONT SIDE REAR M 21 Acre (60)'120' 20' 0' 0' MX****** 21 Acre ****** 0' 0' 0' ****** -- Setbacks shall comply with Section 24.D, and height restrictions shall comply with Section 24.E. ORDINANCE NO. 99-1 Page 9 Amend Section 27 GENERAL PROVISIONS by adding 27.S to read as follows: Section 27.S INDUSTRIAL PERFORMANCE STANDARDS A. Purpose. The purpose of these standards is to ensure that industrial development benefits Mohave County without subjecting its conditions that adversely affect the public health, safety and general welfare. Residential zones and uses should experience minimal affects from industrial uses. These standards apply to C-M (Commercial Manufacturing), C-MO (Commercial Manufacturing-Open Lot Storage), M (General Manufacturing) and M-X (Heavy Manufacturing). B. Standards. 1. Air emissions shall comply with all Federal and state laws, regulations and rules. 2. No use may generate any ground-transmitted vibrations in excess of .10 inches per second at the nonresidential property line or in excess of .02 inches per second measured at any residential property line. These values may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second in duration and having a pause of at least one second between pulses. 3. Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residentially zoned property or from public streets. Direct or sky-reflected glare, from floodlights or from high- temperature processes such as welding, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights that cast light on a public street shall not exceed one foot- candle (meter reading) as measured from the centerline of the street. Any light or combination of lights that cast light on adjacent residentially zoned property shall not exceed 0.5 foot-candles (meter reading) as measured from said property line. 4. No heat from furnace processing equipment or other device shall be sensed at the lot line or property line to the extent of raising the temperature of air or materials more than 5 degrees Fahrenheit. 5. All odors shall comply with Federal and state laws, regulations and rules. ORDINANCE NO. 99-1 Page 10 6. No activity shall create any electrical disturbance, or which otherwise causes, creates or contributes to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected. 7. No loading dock shall be permitted to face any street in a residential zone unless a screening plan is approved as part of site plan approval. 8. All loading areas shall have sufficient maneuvering room to accommodate ali loading and maneuvering procedures. Public roadways shall not be used in loading or maneuvering. 9. The following activities conducted adjacent to residentially zoned property shall be inside a building, set back 300 feet from the property line, other mitigating measures employed to reduce effects, or combination thereof.' a. Any activity which produces noise in excess of the Table in Section 27.S.B.2., vibration, odor, or glare. b. Power plants, correctional institutions, sanitary landfills, refineries, fertilizer plants, metal processing mills, tire retreading or rebuilding, commercial feed lots, meat packing plants, and tallow works. c. Any activity conducted in a building in excess of 60 feet in height. C. Locations Where Determinations Are to be Made for Enforcement Standards. 1. Noise, vibration, radiation, light and glare: at the location of the use creating the same at a point on the source property line which has the highest readings, and at other points off site where the existence of such elements may be more apparent. 2. Noise: at the boundary between the manufacturing district and residential districts, the maximum sound level radiated by any use or facility, other than transportation facilities, temporary construction work or safety relief systems shall not exceed the limits set forth in the following table: Octave band 37 75 150 300 600 1200 2400 4800 A (cps) 75 150 300 600 1200 2400 4800 9600 Scale Daylight decibel 90 80 74 69 65 62 60 58 70 band limit (dB re Nighttime decibel 83 73 67 62 58 55 53 51 63 ORDINANCE NO. 99-1 Page 11 3. Vibration: at the boundary between a manufacturing district and a residential district, earth born vibration from any operation or plant shall not exceed the limits set forth in the following table in the frequency ranges specified: Frequency Cycles per Displacement in Second Inches 0 to 10 .0020 10 to 20 .0016 20 to 30 .0010 30 to 40 .0006 40 and over .0005 4. Light or glare: any operation or activity producing intense light or glare shall be performed in such a manner as not to create a nuisance or hazard across lot lines. Direct illumination from any source of light or direct welding flash shall be screened from adjoining properties and reflected light from these sources shall not exceed .04 foot candles across the source property line. 5. Toxic and noxious matter stored and utilized: at a minimum, all applicable Environmental Protection Agency, Arizona Department of Environmental Quality, and Uniform Fire Code standards and permit requirements shall be fully met. 6. Fire and explosive hazards: activities involving the storage and utilization of materials or products which decompose by detonation are permitted only when specifically approved by the governing Fire District or State Fire Marshal. Explosives shall be stored, utilized, and manufactured in accordance with applicable local, state and federal codes. 7. Liquid or solid wastes: No discharge shall be made into a public storm or sanitary sewer, waterway or stream unless in accordance with Arizona Department of Environmental Quality standards.