HomeMy WebLinkAbout2011-09 1111W,CRAMMLIII1111
FEE# 2011040901
OFFICIAL RECORDS
OF MOHAVE COUNTY
CAROL MEIER, ItT
COUNTY RECORDER
08/04/2011 10:51 AM Fee: $0.0
PAGE: 1 of 3
MOHAVE COUNTY ORDINANCE NO. 2011-09
AN ORDINANCE AMENDING THE MOHAVE COUNTY ZONING ORDINANCE TO
AMEND SECTION 20, REGULATIONS FOR C-1 OR NEIGHBORHOOD COMMERCIAL
ZONE, SECTION 20.1, REGULATIONS FOR COR OR COMMERCIAL-OFFICE-
RESIDENTIAL, SECTION 21, REGULATIONS FOR C-2 OR GENERAL COMMERCIAL
ZONE, SECTION 21.1, REGULATIONS FOR C-2H OR GENERAL COMMERCIAL
HIGHWAY FRONTAGE ZONE, SECTION 22, REGULATIONS FOR C-M OR
COMMERCIAL MANUFACTURING ZONE, AND SECTION 22.1, REGULATIONS FOR C-
MO OR COMMERCIAL MANUFACTURING OPEN LOT STORAGE ZONE, OF THE
MOHAVE COUNTY ZONING ORDINANCE REGARDING THE ESTABLISHMENT OF
CHURCHES IN COMMERCIAL ZONES.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on August
1, 2011, a public hearing was conducted to determine whether approval should be granted to amend
various sections of the Mohave County Zoning Ordinance, as requested by the Mohave County
Development Services Department, and
WHEREAS, the proposed amended provisions are outlined below. The language to be added
has been bolded, and
WHEREAS, the Mohave County Zoning Ordinance does not currently provide for schools or
churches in commercial or industrial zones either as a matter of right, or with the approval of a Zoning
Use Permit. Since the enactment of the federal Religious Land Use and Institutionalized Persons Act
(RLUIPA) 42 U.S.C. §§ 2000cc-1 et seq., and subsequently HB 2596 (49th legislature in 2010), the
Department has processed requests by churches for locations in commercial zones as Zoning Use
Permits as an accommodation to RLUIPA even though the use is not specifically allowed by the
Ordinance. Schools do not have a similar federal act or state law that forces the use to be
accommodated, and
WHEREAS, the Department has had an increasing number of inquiries regarding the placement
of schools in commercial zones. This appears to be partly due to the presence of vacant leasable space
in commercially zoned properties as well as an increase in non-traditional schools and learning centers
that are both commercial and educational operations. Historically, schools have not been considered
entirely compatible with commercial operations due in part to safety issues regarding having children
arriving and leaving in the midst of retail commercial traffic, and
ORDINANCE NO. 2011-09 PAGE 2
WHEREAS, the establishment of a school or church also has the effect of limiting the property
rights of surrounding property owners. Once a school or church is established, state licensing statutes
and regulations will prevent property owners from receiving liquor licenses for their properties. In
addition to liquor stores and bars, there are a range of other uses that could not receive liquor permits
under state law including convenience stores, grocery stores, drug stores or other retail businesses that
wish to sell alcoholic beverages, veterans and fraternal clubs, union halls, golf clubs and social clubs
that operate clubroom facilities, and microbreweries. These uses, in addition to bars and liquor stores,
which could be established as a matter of right in the commercial zones can no longer be issued liquor
licenses once a school or church is established within 300 feet. The county has a compelling interest in
providing notice and an opportunity to the neighboring property owners whose property rights will be
affected, and
WHEREAS, the Department proposes the use of a Zoning Use Permit for a school in a
commercial zone. This approach is intended to balance the due process interests of the surrounding
property owners in having notice and an opportunity to be heard, with the interests of the school or
church in establishing at the proposed location. This appears to be the least restrictive approach to
address the interests of all the property owners. RLUIPA and A.R.S. 41-1493.03 appear to prohibit a
use permit for churches unless theaters and clubs also are required to do so, and
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission
on July 13, 2011, the Commission recommended APPROVAL for this Ordinance as it relates to
churches in commercial zones, but did not recommend approval of the provisions regarding schools in
commercial zones, and
WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of
general circulation in Kingman, Mohave County, Arizona, on July 17, 2011, and was posted on July 15,
2011, 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, August 1, 2011, APPROVED this Ordinance as recommended by the Mohave
County Planning and Zoning Commission and outlined herein.
Amend the Mohave County Zoning Ordinance as follows:
1. Add a new paragraph 20.B.5 for the C-1 (Neighborhood Commercial) zone as follows:
5. Churches.
2. Add a new paragraph for 20.1.B.5 for the COR (Commercial-Office-Residential) as
follows:
5. Churches.
3. Add a new paragraph 21.B.6 for the C-2 (General Commercial) zone as follows:
6. Churches.
ORDINANCE NO. 2011-09 PAGE 3
4. Add a new paragraph 21.1.B.8 for the C-2H (General Commercial Highway Frontage)
zone as follows:
8. Churches.
5. Add a new paragraph 22.B.9 for the C-M (Commercial-Manufacturing) zone as follows:
9. Churches.
6. Add a new paragraph 22.1.B.9 for the C-MO (Commercial-Manufacturing/Open Lot
Storage) zone as follows:
9. Churches.
PASSED, APPROVED AND ADOPTED THIS 1st DAY OF AUGUST, 2011
MOHAVE COUNTY BOARD OF SU' _.V ISORS
AJABuster I. Jo h son, Chairman
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Barbara Bracken, Clerk 4�RV I S gys
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