HomeMy WebLinkAbout2007-10 MOHAVE COUNTYORDINANCE NO 2007-10
AN ORDINANCE SETTING FORTH AN AMENDMENT OF SECTION 9, DEFINITIONS,
AND SECTION 19, REGULATIONS FOR SPECIAL DEVELOPMENT OR "SD" ZONE OF
THE MOHAVE COUNTY ZONING ORDINANCE.
Section 9, DEFINITIONS, and Section 19, REGULATIONS FOR SPECIAL DEVELOPMENT
OR "SD" ZONE of the Mohave County Zoning Ordinance shall be amended as follows, wording to be
added is bolded, wording to be deleted is struck:
Section 1:
Section 9, DEFINITIONS, of the Mohave County Zoning Ordinance:
The following new definition will be inserted between "Recreational Vehicle Park" and "Residence,
Accessory or Secondary."
Recreational Vehicle Subdivision: Any area or tract of land where six or more lots or fractional
interests are sold, or are rented or leased for a period exceeding one year to the owners of
recreational vehicles used for travel or recreation purposes and providing facilities appropriate to
the needs of the people living there.
Section 2:
Section 19, REGULATIONS FOR SPECIAL DEVELOPMENT OR "SD" ZONE, of the Mohave
County Zoning Ordinance shall be amended as follows:
A. Special Provisions
1. Special Development zone will be used in combination with R, C, C-RE, or M zone
classifications and will be permitted only where parcels of land of three (3) acres or more
are under singular or joint planned developments. The zoning proposal must be
acceptable to the Commission and recommended to the Board by the procedures as
required by this Ordinance and ARS where applicable, which includes public hearings by
both the Commission and Board and approval of the Zoning Plan by the Board.
2. Whenever an "SD" zone is granted, each phase or stage of development or building
proposals shall be submitted to the planning staff, to be evaluated and compared with the
original plan before any permits may be granted.
3. The ultimate division of land under "SD" zone must comply with the plat as approved by
the Board.
4. A view-obscuring device, as per Section 27.H.4, will be placed on all property lines
abutting against Agricultural, Residential properties or incompatible uses if the property
is used for General Commercial uses.
ii
B. Uses Permitted
1. When R(SD) (Residential/Special Development) is granted, the property uses may be
designed to contain a mixture of single family dwellings (including townhouses,
condominiums, cooperative apartments, or patio houses), duplexes, and multiple
dwellings (either single-floored or multi-storied). The proposed structures may be
arranged individually, in groups, or in clusters without regard of lot areas for immediate
density as long as an appropriate amount of land to comply with overall minimum
densities is provided under undividable joint ownership of all property owners for
recreation or open space.
The Board of Supervisors, after receiving a recommendation from the Planning and
Zoning Commission, may allow one of the following land ownership types, including
ownership by third parties who are not owners of the lots, as an alternate to indivisible
joint ownership where there are golf courses that are designed as an integral part of the
development, and provided that one of the following criteria are met:
a. The amount of golf course land needed to comply with overall minimum densities
is protected by a conservation easement as permitted by law, including ARS 33-
271 through 33-276, and which is recorded to the benefit of Mohave County on a
form acceptable to the County and which restricts all development (except
infrastructure such as roads, etc.) on the area required to offset the increase in
density.
b. In the absence of a conservation easement, the amount of golf course land used as
offset shall be ten times the amount needed to comply with overall minimum
densities with a written assurance by the subdivision developers and minimum
densities with a written assurance by the subdivision developers and golf course
owners, if different, that deeds transferring lots will contain a disclosure that the
golf course is privately owned and the land use may change. Further, the
disclosure shall state that the lot owners will be noticed before the golf course
converts to another use. The purpose of the increase in open space acreage is to
ensure that the density of the development is not adversely impacted should the
golf course be developed and not remain as functional open space, and to ensure
that the lot owners receive adequate disclosure and notice.
2. R-MH (SD) (Residential Mobile Home/Special Development) shall conform to all of the
requirements of this Ordinance related thereto.
3. When C (SD) (Commercial/Special Development) is granted, the property may be
designed to contain a mixture of commercial and multiple residential uses, appropriate to
a commercial area complex or shopping center with a provision for parking proportional
to the needs proposed.
4. When M (SD) (Manufacturing/Special Development) is granted, the property may be
designed to contain a mixture of commercial and industrial uses appropriate to an
industrial park with provisions for parking suitable to the needs proposed. Depending on
contiguous zoning or uses, residential uses may be a part of M (SD) development.
5. When C-RE(SD) (Commercial-Recreation/Special Development) is granted, the
property may be developed to include a residential subdivision to allow the
individual ownership of a lot for the placement of a recreational vehicle, park model
home, fifth-wheel trailer or other similar vehicle on a long-term or permanent basis
subject to the following:
a. The proposed recreational vehicle lots may be arranged individually, in
groups, or in clusters without regard of lot areas for immediate density as
long as an appropriate amount of land is provided under undivided joint
ownership of all property owners for recreation or open space to comply with
overall minimum densities as specified in the Mohave County General Plan
and any applicable Area Plan.
b. Permanent single-family residential structures may not be constructed,
except that a permanent residence for an on-site manager may be allowed.
c. Concessionary or incidental commercial operations are allowed in a
recreational vehicle subdivision if such services are operated for the sole
convenience of subdivision owners. Such uses as recreational facilities,
dumping stations, showers, coin-operated laundries, camp stores or other
uses incidental to owners' convenience are allowed as secondary uses as long
as such uses are restricted to subdivision occupants and are designed so as
not to attract outsiders.
d. Storage of operational boats, automobiles or other vehicles belonging to
residents is allowed in centralized view-obscured storage areas provided for
that purpose.
e. Detached structures shall be required to be a minimum of two (2) feet from
the recreational vehicle.
f. The design and improvement standards contained in Section 27.J.5 shall be
applied unless a Petition for Exception is approved.
g. A recreational vehicle subdivision shall be developed under the requirements
of the Mohave County Land Division Regulations.
C. Setbacks and Area Requirements. Setbacks, area requirements and parking shall be provided for
and contained within the approved design.
111111111111 III III 1111111111 III IIII 111M 111111 III 1111111111 IIII IIII
PAGE: 1 of 5 FEE p 2007095063
B : 7014 P : 62
OFFICIAL RECORDS
OF MOHAVE COUNTY
JOAN MCCALL ,:
.®
COUNTY RECORDER
11/06/2007 02:23 PM Fee: $0.0,
DOC TYPE: GRES
PAID BY:MOHAVE CTY BD OF SUPERVISORS
RESOLUTION NO. 2007-539
A RESOLUTION ADOPTING MOHAVE COUNTY ORDINANCE NO 2007-10 WHICH SETS
FORTH AN AMENDMENT OF SECTION 9, DEFINITIONS, AND SECTION 19,
REGULATIONS FOR SPECIAL DEVELOPMENT OR "SD" ZONE OF THE MOHAVE
COUNTY ZONING ORDINANCE.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on
November 5, 2007, a public hearing was conducted to determine whether approval should be granted for
an Amendment to Section 9, Definitions, and Section 19, Regulations For Special Development Or
"SD" Zone of the Mohave County Zoning Ordinance, and
WHEREAS, the Mohave County Zoning Ordinance allows Recreational Vehicle subdivisions
only in a Residential Travel Trailer (R-TT) zone which requires the Recreational Vehicle subdivision be
part of a residential subdivision, and
WHEREAS, the Mohave County Zoning Ordinance does not appear to allow Recreation
Vehicle subdivisions in conjunction with a resort or as a stand-alone development, and
WHEREAS, when developed and managed well, these developments can be beneficial to
Mohave County, and
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission
on October 10, 2007, the Commission recommended APPROVAL for an Amendment to Section 9,
Definitions, and Section 19, Regulations For Special Development Or "SD" Zone of the Mohave County
Zoning Ordinance by P&ZC Resolution No. 2007-05, and
WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of
general circulation in Kingman, Mohave County, Arizona, on October 21, 2007, and was posted on
October 19, 2007, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations.
•
RESOLUTION NO. 2007-539 PAGE 2
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular
meeting on Monday, November 5, 2007, ADOPTED Mohave County Ordinance No 2007-10 as
recommended by the Mohave County Planning and Zoning Commission.
OHAVE COUNTY BOARD OF SUPERVISORS
ATTEST (b
c_L
Pete Byers, Chair an
J
Barbara Bracken, Clerk
A ' '44.-'"'"-
t'