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Home My WebLink About99-142 9902852~ 8,K 3301 F'G 41! OFFICIAL RECORDS OF MOHAYE £:OUNTY,. AZ .lOAN MC ¢:ALL~ MOHAVE COUNTY RECORDER 05/12/1999 02:42R ?AGE I OF ? I~OHAVE COUNTY BOARD OF SUPERV]ZSORS RECORDING FEE 0.00 RESOLUTION NO. 99-142 A RESOLUTION SETTING FORTH ORDINANCE NO. 99-3, AN AMENDMENT TO SECTION 9, DEFINITIONS, AND SECTIONS 13, 14, 15, 16, 16.1, 17, 18 and 27 OF THE MOHAVE COUNTY ZONING ORDINANCE REGARDING CHILD CARE. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on May 10, 1999, a public hearing was conducted to determine whether an Amendment to Section 9, Definitions, and Sections 13, 14, 15, 16, 16.1, 17, 18 and 27, Mohave County Zoning Ordinance regarding Child Care should be approved, and WHEREAS, Child Care in the unincorporated areas of Mohave Connty requires regulations in order to protect and preserve the health, safety and welfare of the citizens of the county, and WHEREAS, Child Care in the unincorporated areas of Mohave County requires regulations in order to protect and preserve property values, provide a means of determining the level of Child Care Home Providers that would not effect the integrity of residential neighborhoods, and WHEREAS, the requirements mandated by the federal government for Family Child Home Care in a "Home Facility" has evolved since Section 27 was adopted and Mohave County needs to be sensitive to these changes, and WHEREAS, tiffs an~endment will clearly define what Child Care is, the type of permitting required, the zones it will be allowed in and the conditions to be met, and WHEREAS, at their meeting on March 10, 1999, the Mohave County Planning and Zoning Commission recommended APPROVAL of the attached Ordinance No. 99-3, an Amendment to Section 9, Definitions, and Sections 13, 14, 15, 16, 16.1, 17, 18 and 27, Mohave County Zoning Ordinance regarding Child Care, and WHEREAS, the notice of hearing was published in The Standard, a newspaper of general circulation in Kingman, Mohave County, Arizona, April 21, 1999, and posted on April 23, 1999, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. RESOLUTION NO. 99-142 Page 2 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, May 10, 1999, APPROVED the attached Ordinance No. 99-3, an Amendment to Section 9, Def'mitions, and Sections 13, 14, 15, 16, 16.1, 17, 18 and 27, Mohave County Zoning Ordinance regarding Child Care, as recommended by the Mohave County Plaaming amd Zoning Commission and outlined herein. MOH~RVISORS James ORDINANCE NO. 99-3 AN ORDINANCE SETTING FORTH AN AMENDMENT TO SECTION 9, DEFINITIONS, AND SECTIONS 13, 14, 15, 16, 16.1, 17, 18 and 27 OF THE MOHAVE COUNTY ZONING ORDINANCE REGARDING CHILD CARE. The Mohave County Zoning Ordinance is amended as follows (added language is bolded; deleted language is ..... ~- ' Section 9 DEFINITIONS Between Chicken Ranch and Church add: Child Care: The compensated care, supervision, recreation, socialization, guidance, and protection of a child who is unaccompanied by a parent or guardian. Child Care Home Facility_ (Child Care Group Home): A dwelling that the Arizona Department of Economic Security (DES) has certified pursuant to A.R.S. 36-895(C) or the Arizona Department of Health Services (DHS) has certified/licensed pursuant to A.R.S. 36-897 (01-10 children) as a location where child care services may be provided. Child Care Requirements: a. Child care of four or less children for compensation is permitted in aH residential zones. b. Child care of five but no greater than 10 children for compensation is permitted with a Zoning Use Permit in all residential zones. c. Child care in group homes of greater than 10 children for co. mpensation are permitted only as a commercial operation in all commercial zones. (Licensed day care only.) Between Rooming House and Service Station, amend School (change to read): School: Elementary_. Junior High. or High: Shall mean a public or private institution conducting regular academic instruction at kindergarten, elementary, and secondary levels. Such institutions shall offer general academic instruction equivalent to the standards prescribed by the State Board of Education. For thc Section 13.B: Add CHILD CARE. Section 13.C.5: Add CHILD CARE GROUP HOME. PROSE 5 OF' 7 ORDINANCE NO. 99-3 Page 2 Section 13 REGULATIONS FOR GENERAL OR "A' ZONE. B. Uses Permitted (change to read): Single-family dwellings, duplexes, multiple dwellings, general commercial uses, offices, and accessory buildings related to any of the above. All agricultural uses including grazing and all accessory uses and facilities related to the production, servicing, and shipping of the permitted uses. Landing strips, home occupations, child care, and signs related to the uses of the property or to its sale or lease. C. Uses Permitted After Acquiring a Zoning Use Permit. 5. Child care group homes (see Section 27-T).- (Added) Section 14.B.4: Add CHILD CARE. Section 14.C.7: Add CHILD CARE GROUP HOME. Section 14 REGULATIONS FOR AGRICULTURAL/RESIDENTIAL OR "A-R" ZONE Section 14.B. Uses Permitted (change to read): 4. Schools, churches, public buildings, quasi-public buildings, child care and playgrounds. Section 14.C. Uses Permitted After Acquiring a Zoning Use Permit: 7. Child care group homes (see Section 27-T). - (Added) Section 15.C.4: Add CHILD CARE GROUP HOME. Section 15.D.3: Add LICENSED DAY CARE ONLY. Section 15 REGULATIONS FOR RECREATION OR "R-E" AND "C-RE" ZONE Section 15.C. Uses Permitted After Acquiring a Zoning Use Permit: 4. Child care group homes (see Section 27-T). - (Added) Section 15.D. Uses Pernfitted After Acquiring a Zoning Use Permit: 3. Licensed day care only. - (Added) ORDINANCE NO. 99-3 Page 3 Section 16. Amend B.l.a., add B.3.d, and add C.4. Section 16 REGULATIONS FOR SiNGLE-FAMILY RESIDENTIAL OR "R-1"~ "R-O", "R-TT" ZONES B. Uses Permitted (change to read): 1. R-1 (Single-Family Residential) Zone. a. Single-family dwelling units including mobile homes designed for single family occupancy as defined in this Ordinance, accessory structures and uses normally incidental to single-family residences, child care and home occupations as provided in Section 27-0 and 27-T. 2. R-O (Single-Family Residential/Mobile Homes Prohibited) Zone. a. Single-family dwelling units, accessory structures and uses incidental to single- family residences, child care and home occupations as provided in Section 27-0 and 27-T. Mobile homes are prohibited. Travel trailers are prohibited except as provided in Section 27-N. 3. R-TT (Single-Family Residential/Mobile Homes and Travel Trailers) Zone. d. Child care is permitted in mobile homes as def'med in this Ordinance; however, it will not be allowed in travel trailers. - (Added) C. Uses Requiring a Zoning Use Pemfit. 4. Child care group homes will be allowed in "R-I", "R-O',, "R-TT" zone areas (see Section 27-T). - (Added) Section 16.1.B. Amend item 1. Section 16.1.C. Add item 3. Section 16.1 REGULATIONS FOR SINGLE-FAMILY RESIDENTIAL/HOMES ONLY/LIMITED ANIMAL PRIVILEGES OR R~O/A ZONE. B. Uses Permitted (change to read): 1. Single-family dwelling unit, accessory structures and uses nom~ally incidental to single- family residences, child care and home occupations as provided in Section 27-0. Mobile homes are prohibited. Travel trailers are prohibited except as provided in Section 27-N. ORDINANCE NO. 99-3 Page 4 C. Uses Permitted After Acquiring a Zoning Use Permit: 3. Child care group homes will be allowed in "R-O/A" zone areas (see Section 27-T). - (Added) Section 17. B. Amend item 2. Section 17. C. Add item 2. Section 17 REGULATIONS FOR SINGLE-FAMILY RESIDENTIAL/MOBILE HOME OR R-MH ZONE B. Uses Permitted (change to read): 2. Mobile home used as single family dwelling units, child care and home occupations as provided in Section 27-0. C. Uses Permitted After Acquiring a Zoning Use Permit: 2. Child care group homes will be allowed in "R-MIt" zone areas (see Section 27-T). - (Added) Section 18. B. Amend item 1. Section 18. C. Add item 3. Section 18 REGULATIONS FOR MULTIPLE-RESIDENTIAL OR "R-M" ZONE B. Uses Permitted (change to read): 1. One mobile home as a single-family residence, multiple dwellings, group dwellings such as cooperahve apartments, condominium projects, townhouses, or patio house developments, single-family dwellings, duplexes, professional office buildings, commercial dwellings, child care and other uses similar to the above uses. C. Uses Permitted After Acquiring a Zoning Use Permit: 3. Child care group homes will be allowed in "R-M' zone areas (see Section 27-T). - (Added) F'¢~(~E 7 rr' '~ ORDINANCE NO. 99-3 Page 5 Section 27. GENERAL PROVISIONS: Add Section 27.T. T. CHILD CARE FACILITIES IN RESIDENTIAL ZONES REQUIREMENTS. 1. Site Plan Conditions. Prior to issuance of any zoning or building permit for a Child Care Facility authorized as permitted use in a zone or by a zoning use permit, a plot plan that demonstrates that the facility is adequate for use as a Child Care Home as defined by Arizona Department of Economic Security (DES) pursuant to A.R.S. 36- 895(C) or the Arizona Department of Health Services (DHS) pursuant to A.R.S. 36-897 (01-10 children) as a location where child care services may be provided. 2. Certification or Licensure. Prior to issuance of any zoning or building permit for a Child Care Facility authorized as a permitted use in a zone or by a zoning use permit, the applicant will submit proof that the Arizona Department of Economic Security (DES) has certified pursuant to A.R.S. 36-895(C) or the Arizona Department of Health Services (DHS) has certified/licensed pursuant to A.R.S. 36-897 (01-10 children) as a location where child care services may be provided. 3. Child Care Requirements: a. Child care of four or less children for compensation is permitted in all residential zones. b. Child care of five but no greater than 10 children for compensation is permitted with a Zoning Use Permit in all residential zones. c. Child care in group homes of greater than 10 children for compensation are permitted only as a commercial operation in all commercial zones. (Licensed day care only.)