HomeMy WebLinkAbout2013-08 FEE# 2013®35266
OFFICIAL RECORDS
OF MOHAVE COUNTY g
CAROL MEIER,
COUNTY RECORDER
07/02/2013 01:17 PM Fee: $0.0
PAGE: 1 of 2
MOHAVE COUNTY ORDINANCE NO. 2013-08
AN ORDINANCE AMENDING THE MOHAVE COUNTY ZONING ORDINANCE TO
CORRECT THE TITLE OF SECTION 27.X FROM "REGULATIONS FOR ENERGY
OVERLAY (E) ZONE — GENERAL PROVISIONS" TO "REGULATIONS FOR RENEWABLE
ENERGY DEVELOPMENT ", TO MORE ACCURATELY DESCRIBE THE CONTENTS OF
THE SECTION, AND TO AMEND SECTION 27.X.2.A, TO CLARIFY THAT THE 400
SQUARE -FOOT LIMITATION APPLIES ONLY ON RESIDENTIAL PROPERTIES LESS
THAN ONE ACRE.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on July 1,
2013 a public hearing was conducted to determine whether approval should be granted to amend the
Mohave County Zoning Ordinance to correct the title of Section 27.X from "Regulations for Energy
Overlay (E) Zone — General Provisions" to "Regulations for Renewable Energy Development ", to more
accurately describe the contents of the section, and to amend Section 27.X.2.a, to clarify that the 400
square -foot limitation applies only on residential properties less than one acre, as requested by the
Mohave County Development Services Department, and
WHEREAS, Section 27.X of the Mohave County Zoning Ordinance contains requirements that
apply generally to renewable energy projects. It includes exemptions for projects that do not require
special permitting, projects developed under a Zoning Use Permit, as provided in Section 27.A.7, and
projects developed under the E (Energy Overlay) Zone. The current title to the section is inaccurate, and
the Department proposes to correct the title to more accurately reflect the contents of the section, and
WHEREAS, the Department has become aware that the portion of Section 27.X.2.a, limiting
ground mounted solar arrays to 400 square -feet is unnecessarily broad. This paragraph allows ground
mounted solar arrays up to 400 square -feet to be established with only a building permit, but requires a
Zoning Use Permit to exceed that amount. The requirement for a Zoning Use Permit to exceed 400
square -feet of ground mounted solar panels, which may be appropriate on smaller residential parcels,
should not apply to commercial or industrial applications, or to larger residential parcels. The
Department proposes to amend this provision so that the 400 - square foot limitation only applies to
residential parcels less than one acre, and
WHEREAS, proposed new language to be added has been bolded and underlined The plain
text is existing language that is not proposed to be changed, and is provided for contextual reference,
and
ORDINANCE NO. 2013-08 PAGE 2
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission
on June 12, 2013, 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 June 16, 2013; and was posted on June 14,
2013, 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, July 1, 2013, APPROVED this Ordinance as recommended by the Mohave County
Planning and Zoning Commission and outlined herein.
1. Amend the title to Section 27.X as follows:
Section 27.X REGULATIONS FOR RENEWABLE ENERGY DEVELOPMENTS OVERL
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ZONE - GENERAL PROVISIONS
2. Amend Section 27.X.2.a as follows:
a. Solar panels mounted on a building may not exceed the maximum building height for the
zone. Solar panels mounted on poles or on the ground are allowed in any zone, but may
not exceed 400 square feet on residential lots less than one acre, except as provided in
Section 27.X.3 The total heijZht of pole- mounted solar panels shall.not exceed the
height of the highest architectural feature of the residence, and the pole shall be
located so that if it were to fall its reclining length would be contained on the parcel.
PASSED, APPROVED AND ADOPTED THIS 1 DAY OF JULY, 2013
MOHAVE COUNTY BOARD OF SUPERVISORS
GI Watson, C� man
Peggy P nc , Clerk
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