HomeMy WebLinkAbout2009-05 ORDINANCE NO. 2009-05
AN ORDINANCE SETTING FORTH AN AMENDMENT TO SECTION 9, DEFINITIONS,
AND SECTION 40.2.B.2, AMENDMENTS TO THE GENERAL PLAN OR AN ADOPTED
AREA PLAN, OF THE MOHAVE COUNTY ZONING ORDINANCE TO CLARIFY WHEN
AMENDMENTS TO THE GENERAL PLAN'S LAND USE DIAGRAMS FOR RENEWABLE
ENERGY PROJECTS ARE A MINOR PLAN AMENDMENT
AMEND THE MOHAVE COUNTY ZONING ORDINANCE AS FOLLOWS
1. Section 9, Definitions.
Renewable energy project: means electric generation systems and electric
transmission and distribution used or useful for the generation, storage,
transmission or distribution of electric power, energy or fuel derived from solar,
wind or other non-fossil-fuel renewable sources, including materials and supplies.
2. Section 40.2.B.2 Amendments to the General Plan or an adopted Area Plan.
2. Actions considered a Minor Amendment:
a. The following changes are considered minor amendments to the General
Plan, including area plans:
1) A change in the land use boundaries, in the detail land use
diagrams, where those changes are consistent with the
development area designations and the General Plan goals and
policies.
2) The adoption or amendment of an area plan where the area plan
and the changes are consistent with the General Plan.
3) Changes to goals and policies that clarify intent or correct
inconsistencies.
4) Amendments to facilitate development of renewable energy
projects consisting of up to 1,920 acres in an Urban
Development Area or a Suburban Development Area or up to
3,840 acres in a Rural Development Area, the provisions of
Section 40.2.B.3 notwithstanding.
b. Minor amendments may be considered upon submission of an application
form obtained from the Development Services Department or as deemed
necessary by the Planning and Zoning Commission or the Board of
Supervisors.
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OFFICIAL RECORDS A/!r
OF MOHAVE COUNTY
CAROL ,
COUNTYMEIERRECORDER
06/04/2009 01:21 PM Fee: $0.00
DOC TYPE: GRES
PAID BY:MOHAVE CTY BD OF SUPERVISORS
RESOLUTION NO. 2009-138
A RESOLUTION SETTING FORTH THE ADOPTION OF MOHAVE COUNTY ORDINANCE
NO. 2009-05, AMENDMENT TO SECTION 9, DEFINITIONS, AND SECTION 40.2.B.2,
AMENDMENTS TO THE GENERAL PLAN OR AN ADOPTED AREA PLAN, OF THE
MOHAVE COUNTY ZONING ORDINANCE TO CLARIFY WHEN AMENDMENTS TO THE
GENERAL PLAN'S LAND USE DIAGRAMS FOR RENEWABLE ENERGY PROJECTS ARE
A MINOR PLAN AMENDMENT.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on June 1,
2009, a public hearing was conducted to determine whether approval should be granted to amend
Section 9, Definitions, and Section 40.2.B.2, Amendments to the General Plan or an adopted Area Plan,
of the Mohave County Zoning Ordinance to clarify when amendments to the General Plan's land use
diagrams for renewable energy projects are a minor plan amendment, and
WHEREAS, the language to be added has been bolded and double underlined. The language
to be deleted has been struck, and
WHEREAS, the State of Arizona and Mohave County have taken the position that development
of renewable energy programs is an important goal, and the Department has been directed to identify
changes to County Ordinances and Regulations necessary to accommodate this type of development,
and
WHEREAS, the Mohave County Zoning Ordinance was written at a time when renewable
energy projects were not considered feasible. The Ordinance currently does not directly address this
type of power generation, and
WHEREAS, the nature of renewable energy projects requires the use of substantially larger
acreages with less density of development than conventional fossil fuel power plants and the use of the
property for other purposes such as livestock grazing may continue, particularly in the case of wind
energy projects, and
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission
on May 13, 2009, the Commission recommended APPROVAL for the amendment contained in the
attached Ordinance, and
RESOLUTION NO. 2009-138 PAGE 2
WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of
general circulation in Kingman, Mohave County, Arizona, on May 17, 2009, and was posted on May 15,
2009, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations.
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular
meeting on Monday, June 1, 2009, ADOPTED Mohave County Ordinance No. 2009-05 amending
Section 9, Definitions, and Section 40.2.B.2, Amendments to the General Plan or an adopted Area Plan,
of the Mohave County Zoning Ordinance as recommended by the Mohave County Planning and Zoning
Commission and outlined herein.
MOHAVE COUNTY BOARD OF SUPERVISORS
ATTEST
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Tom Sockwell, Cfiairman
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Barbara Bracken, Clerk `:° ' . r
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