HomeMy WebLinkAbout2009-06 ORDINANCE NO 2009-06
AN ORDINANCE SETTING FORTH AN AMENDMENT TO SECTION 27.A, GENERAL
PROVISIONS, SPECIAL USES, OF THE MOHAVE COUNTY ZONING ORDINANCE TO
ALLOW RENEWABLE ENERGY PROJECTS WITH A ZONING USE PERMIT.
AMEND SECTION 27.A, GENERAL PROVISIONS, SPECIAL USES, OF THE MOHAVE
COUNTY ZONING ORDINANCE BY CREATING A NEW PARAGRAPH 7 AS FOLLOWS:
7. 'en• • i le ener Via_s r o'ec s on oro s erties zon•d A General_ A-R A'ricultural-
Resi s en i,1 • -D Ai ! i rt D• •I i s ment i r M eneral Man fa rin An
applicant shall demonstrate that n•iehborin2 uses will be adeauatel buffered.
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OFFICIAL RECORDS
OF MOHAVE COUNTY
CAROL MEIER,
COUNTY RECORDER .."
4.11115
06/04/2009 01:21 PM Fee: $0.00
DOC TYPE: GRES
PAID BY:MOHAVE CTY BD OF SUPERVISORS
RESOLUTION NO. 2009-139
A RESOLUTION SETTING FORTH THE ADOPTION OF MOHAVE COUNTY ORDINANCE
NO. 2009-06, AMENDMENT TO SECTION 27.A, GENERAL PROVISIONS, SPECIAL USES,
OF THE MOHAVE COUNTY ZONING ORDINANCE TO ALLOW RENEWABLE ENERGY
PROJECTS WITH A ZONING USE PERMIT.
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 27.A, General Provisions, Special Uses, of the Mohave County Zoning Ordinance to allow
renewable energy projects with a Zoning Use Permit, 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.
Completion of all necessary amendments and new provisions will take some time, but as a bridge
toward that end, an amendment allowing renewable energy projects with a Zoning Use Permit would
allow currently pending projects to move forward while those provisions are being drafted. The
Commission and Board may establish conditions on the Zoning Use Permits that they consider
appropriate, which may further inform the development of regulations and standards for these projects,
and
WHEREAS, the Mohave County Zoning Ordinance (The 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 provisions currently contained in The Ordinance that deal with power
generation were written for fossil fuel power plants and require M-X (Heavy Industrial) zoning. The M-
X zone is appropriate to those more traditional power generation facilities. However, unless the zoning
is further limited, the M-X zone would allow many types of industrial projects that are inappropriate in
the areas where renewable energy projects are likely to occur. Objections have been raised in
conjunction with previous requests for M-X zoning for wind and solar energy projects because of the
other types of uses allowed in the M-X zone that might be proposed once the M-X zoning is in place,
and
RESOLUTION NO. 2009-139 PAGE 2
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, the Department is studying the possibility of creating a new zoning classification
specifically for renewable energy projects. If such a new zone is created the Zoning Use Permit
provision would still be useful for smaller scale projects where a hard Rezone to the new zone might not
be appropriate. If a new zone is not created, the Zoning Use Permit would allow a mechanism for
allowing this type of development outside the M-X zone, and
WHEREAS, the use of a Zoning Use Permit would not require another Rezone or downzone in
the event that a project is decommissioned because a Zoning Use Permit would expire if the use is
discontinued for six months or more, and
WHEREAS, although the Zoning Use Permit is the Department's preferred alternative, an
applicant desiring to obtain M-X zoning would still have that option available, 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
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, and
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular
meeting on Monday, June 1, 2009, ADOPTED Mohave County Ordinance No. 2009-06 amending
Section 27.A, General Provisions, Special Uses, of the Mohave County Zoning Ordinance to allow
renewable energy projects with a Zoning Use Permit as recommended by the Mohave County Planning
and Zoning Commission and outlined herein.
MOHAVE COUNTY BOARD OF SUPERVISORS
ATTESTca
,-J1:6;11. Sockwell, Chairman
,tet . * E ,
Barbara Bracken, Clerk C ;:i.
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