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ORDINANCE NO. 2009-09
AN ORDINANCE SETTING FORTH AN AMENDMENT TO SECTION 27.B, GENERAL
PROVISIONS, BUILDING SITES, OF THE MOHAVE COUNTY ZONING ORDINANCE
AMEND THE MOHAVE COUNTY ZONING ORDINANCE AS FOLLOWS
1. Section 27 GENERAL PROVISIONS
B. Building Sites
6. See Section 27.Q for excavation and grading on private property that lies within
as exempt by statute, • . .: - - - .e. ' • - . --
regulations,
6. Lot size for lots and parcels less than 5.0 acres shall be determined based upon the
area of the lot or parcel exclusive of easements for road purposes, or "net" lot size.
Notwithstanding other provisions of this Ordinance, lot size for parcels of 5.0 acres and
larger shall be determined based upon the area of the lot or parcel including easements.
VIII kY,i W 1i414141:11N II III
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OFFICIAL RECORDS ,,%!►�
OF MOHAVE COUNTY :1113%
CAROL MEIER,
COUNTY RECORDER 7
10/07/2009 12:39 PM Fee: $0.00
DOC TYPE: GRES
PAID BY:MOHAVE COUNTY BOS
RESOLUTION NO. 2009-270
A RESOLUTION SETTING FORTH THE ADOPTION OF MOHAVE COUNTY ORDINANCE
NO. 2009-09, AMENDMENT TO SECTION 27.B, GENERAL PROVISIONS, BUILDING
SITES, OF THE MOHAVE COUNTY ZONING ORDINANCE.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on
October 5, 2009, a public hearing was conducted to determine whether approval should be granted to
amend Section 27.B, General Provisions, Building Sites, of The Mohave County Zoning Ordinance, as
requested by the Mohave County Development Services Department, and
WHEREAS, the Department has historically determined the size of a parcel for zoning purposes
based upon net acreage and based upon the definition of a "lot" in Section 9, Definitions, which
excludes easements for road purposes resulting in a net acreage requirement, and
WHEREAS, many large property divisions have been created in Mohave County by Record of
Survey that are not considered subdivisions by the Arizona Department of Real Estate (ADRE). As
defined in A.R.S. § 32-2101.55(c)(ii), a subdivision does not include the division or proposed division of
land into lots or parcels each of which is or will be thirty-six acres or more in area including to the
centerline of dedicated roads or easements, if any, contiguous to the lot or parcel, and
WHEREAS, this amendment would clarify the basis for determining lot size and provide for the
use of gross acreage for larger parcels. The Department considers the use of net acreage appropriate for
urban-sized lots to ensure that lots have a sufficient buildable area, and appropriate for suburban-sized
lots to ensure sufficient room to accommodate individual wells and septic systems. However, on the
larger rural-sized lots of five acres or more, it may be appropriate to base the size upon gross acreage of
the parcel to accommodate the many lots that have been split using aliquot parts of a section resulting in
five-acre and above lots, and to coordinate with the ADRE definition for lots of thirty-six acres or larger,
and
WHEREAS, it has not been uncommon in the past for items to have to be reheard by the
Commission and Board for amendment when a rezone has been approved but when lots were platted it
was found that they could not meet minimum size due to the amount of ingress and egress easements.
This change should reduce the need for such amendments, and
/
RESOLUTION NO. 2009-270 PAGE 2
WHEREAS, the existing Section 27.B.6 currently contains language that is a relic of a prior
proposal that referenced a proposed Section 27.Q that was not adopted. The current Section 27.Q has no
relation to the grading provisions in the current Section 27.B.6. Staff proposes to delete the existing
language of Section 27.B.6 and replace it with a provision to clarify when net and gross acreage will be
used to determine lot size, and
WHEREAS, the language to be added has been bolded. The language to be deleted has been
struck, and
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission
on September 9, 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 September 20, 2009, and was posted on
September 18, 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, October 5, 2009, ADOPTED Mohave County Ordinance No. 2009-09 amending
Section 27.B, General Provisions, Building Sites, 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, Chairman
Barbara Bracken, Clerk