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HomeMy WebLinkAbout2011-13 1111IIS NIA114161.M.111 III FEE# 2011047545 OFFICIAL RECORDS OF MOHAVE COUNTY , � CAROL MEIER, .)COUNTY RECORDER I 09/13/2011 02:04 PM Fee: $0.0�� PAGE: 1 of 2 MOHAVE COUNTY ORDINANCE NO. 2011-13 AN ORDINANCE AMENDING THE MOHAVE COUNTY ZONING ORDINANCE TO AMEND SECTION 27.H.4.J, GENERAL PROVISIONS, OF THE MOHAVE COUNTY ZONING ORDINANCE REGARDING VIEW OBSCURING OF STORED INTERMODAL TRANSPORTATION CONTAINERS IN COMMERCIAL AND INDUSTRIAL ZONES. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on September 12, 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 language to be added has been bolded and underlined and the language to be removed has been struck, and WHEREAS, Section 27.H.4.j provides that in commercial and industrial zones: j. All view-obscuring devices including earthen berms will be a minimum of six (6) feet, unless otherwise required by the Board of Supervisors. Fencing will extend two (2) feet above the highest item to be stored with the exception of mobile homes, manufactured homes and construction equipment. WHEREAS, at the time this provision was written, intermodal transportation containers, also known as cargo containers, Conex boxes, etc., were not commonly used for purposes other than the transportation of goods. In recent years, these containers have become more readily available and are being used for other purposes. Businesses are being developed that rehabilitate the used containers for resale, or rent them as storage units, and WHEREAS, the current provisions of Section 27.H.4 would require the containers to be view obscured by a fence or wall extending at least two feet above the height of the container. Standard shipping containers are either eight feet (8') or nine feet and six inches (9' 6") in height. Thus the view obscuring device would have to be at least ten feet (10') to eleven feet six inches (11' 6") in height to satisfy the requirement. A fence or wall of that height would have to be engineered to withstand the wind load, and in many cases would be more obtrusive than the containers it is intended to obscure. The Ordinance currently exempts construction equipment, mobile homes and manufactured homes from the increased height requirement, and ORDINANCE NO. 2011-13 PAGE 2 WHEREAS, the amendment proposed by the Department would expand the existing exemption from the increased height requirement to include intermodal transportation containers, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on August 10, 2011, the Commission recommended APPROVAL for this 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 August 28, 2011, and was posted on August 26, 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, September 12, 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. Amend Section 27.H.4.j j. All view- obscuring devices including earthen berms will be a minimum of six (6) feet, unless otherwise required by the Board of Supervisors. Fencing will extend two (2) feet above the highest item to be stored with the exception of mobile homes, manufactured homes and construction equipment, and with the exception of intermodal freight containers (also called cargo containers, Conex boxes and other various names) in those commercial and industrial zones that allow open lot storage. Intermodal freight containers shall not be stacked on top of other such containers except in M (General Manufacturing), M-X (Heavy Manufacturing), or A-D (Airport Development)zones. PASSED, APPROVED AND ADOPTED THIS 12th DAY OF SEPTEMBER, 2011 MOHAVE COUNTY BOARD 0 SUPE' ORS 1 or t . . fr sApttMi�fpj Bust:'D. Johnson, Chairman l ISOgs'4 / /K/-,L!� `170 Barbara Bracken, Clerk �p M f`-* �, 'y _ x L r; C7 114 * DI TAI DEUS ��/ „f4, RI Z�0�NP��o�°`�`.