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HomeMy WebLinkAbout2013-09 11119 FEE# 213 035267 OFFICIAL RECORDS OF MOHAVE COUNTY _ CAROL MEIER, _ COUNTY RECORDER — 07/02/2013 01:17 PM Fee: $0.0 PAGE: 1 of 2 MOHAVE COUNTY ORDINANCE NO. 2013-09 AN ORDINANCE AMENDING THE MOHAVE COUNTY ZONING ORDINANCE, SECTION 25, SETBACKS AND AREA REQUIREMENTS, TO PROVIDE CLARIFICATION AND TO INCREASE THE MAXIMUM DENSITY OF LOT COVERAGE. 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, Section 25.C, Setbacks and Area Requirements, to provide clarification and to increase the maximum density of lot coverage, as requested by the Mohave County Development Services Department, and WHEREAS, the determination of the amount of lot coverage allowed by the Mohave County Zoning Ordinance involves an understanding of the concepts of minimum setbacks and maximum density of lot coverage contained in Sections 253 and 25.C, the relief from strict application of those requirements provided in Sections 27.F.6, 271.7, and 27.G, and the definitions in Section 9, and WHEREAS, the current provisions for lot coverage should be simplified to reflect current needs. The Planning and Zoning Commission considered several options and recommended to replace the current structure with a simple maximum allowance of 50% lot coverage, and WHEREAS, Section 253 of the Mohave County Zoning Ordinance provides the minimum distance that buildings must be from property lines, also known as the setbacks, and WHEREAS, a yard as defined in Section 9 of the Mohave County Zoning Ordinance is "an open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures except as otherwise provided in this code." The rear yard (see: Yard, Rear) is specifically defined as "a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot, ordinary high water line or the edge of the easement and a line parallel thereto," or in other words, the required rear yard is the rear setback area, and WHEREAS, Section 25.C.1 of the Mohave County Zoning Ordinance currently establishes the maximum permissible density of lot coverage for residential lots. The percentages provided are tiered, with the smaller lots being allowed to cover a larger percentage of their total area than larger lots, and ORDINANCE NO. 2013 -09 PAGE 2 WHEREAS, proposed new language will replace the existing language as provided below, and 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. Replace the existing provisions of Section 25.C, including all subsections as follows: C. Maximum Permissible Density of Lot Coverage 1. Except as provided in this Section, the maximum density of lot coverage for single family residential uses (including accessory buildings and storage), in any residential zone classification; shall not exceed fifty percent (50 %). PASSED, APPROVED AND ADOPTED THIS 1 DAY OF JULY, 2013 MOHAVE COUNTY BOARD OF SUPERVISORS Gar Watson, C irman Peggy Pri lerk �Mlso : SQ ��- , m 013A1 DEUS