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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'