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HomeMy WebLinkAbout2016-03 EIRfintlin,V11111111 FEE# 2016 0940 OFFICIAL RECORDS OF MOHAVE COUNTY $ . ROBERT BALLARD, I r oma COUNTY RECORDER +� .+ • /a.• 03/15/2016 11:49 AM Fee: $0.00 PAGE: 1 of 3 MOHAVE COUNTY ORDINANCE NO. 2016-03 AN ORDINANCE ADOPTING AN AMENDMENT TO THE MOHAVE COUNTY ZONING ORDINANCE (VERSION EFFECTIVE DECEMBER 2, 2015) TO INCLUDE SECTION 37.W, INDUSTRIAL PERFORMANCE STANDARDS FOR INDUSTRIALLY ZONED PROPERTY AS REQUESTED BY THE BOARD OF SUPERVISORS AT THEIR NOVEMBER 2, 2015 MEETING. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on March 7, 2016, a public hearing was conducted to determine whether approval should be granted for an Amendment to the Mohave County Zoning Ordinance, as requested by the Mohave County Board of Supervisors, and WHEREAS, at their meeting on September 9, 2015, the Planning and Zoning Commission voted to recommend an amended Zoning Ordinance to the Board of Supervisors. The amended ordinance had been developed by a subcommittee of the Commission. The ordinance did not include Industrial Performance Standards for Industrially zoned properties, and WHEREAS, the Board of Supervisors adopted the amended ordinance on November 2, 2015. After hearing concerns from the general public, the Board referred the issue of Industrial Performance Standards back to the Commission, for their consideration and recommendation, and WHEREAS,during the Board meeting,and a meeting held on December 8,2015 with individuals in the general public who had concerns, the consensus was to include Industrial Performance Standards in the Mohave County Zoning Ordinance, to simplify them and more particularly, the noise and vibration standards, and WHEREAS, the Commission discussed this item at their meeting on January 13, 2016, and continued it to their February 10, 2016 meeting in order to properly post and publish the public notifications, and to add language to the proposed Ordinance 37.W.B.6 stating that, "The property owner making a claim that noise and vibration is present, is responsible for conducting any study to show such claim.", and WHEREAS, the following described Findings of Fact are for the above-captioned item: a. All notices have been advertised and posted according to regulations. b. The proposed action and effect comply with the Mohave County General Plan. c. The Board referred this item to the Commission for their consideration and recommendation. ORDINANCE NO. 2016-03 PAGE 2 WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on February 10,2016,the Commission recommended APPROVAL to amend the Mohave County Zoning Ordinance to include Section 37.W Industrial Performance Standards which reads as follows: Section 37.W INDUSTRIAL PERFORMANCE STANDARDS -GENERAL PROVISIONS W. Industrial Performance Standards 1. Purpose and Intent. The purpose of these standards is to ensure that industrial development benefits Mohave County without subjecting it to conditions that adversely affect the public health, safety and general welfare. Residential zones and uses should experience minimal affects from industrial uses. These standards apply to C-M (Commercial Manufacturing), C-MO (Commercial Manufacturing-Open Lot Storage), E (Energy Overlay), M-1 (Light Manufacturing), M-2 (General Manufacturing), and M-X(Heavy Manufacturing). 2. Standards a. Industrial uses shall comply with all pertinent Federal and state laws, regulations and rules. Enforcement of Federal and state laws, regulations and rules shall be enforced by the appropriate Federal or state agency. b. Any lighting used to illuminate an off-street parking area, sign, or other structure shall be arranged as to deflect light away from any adjoining residentially zoned property or from public streets. c. No heat from furnace processing equipment or other devices shall be sensed at the lot line or property line to the extent of raising the temperature of air or materials more than five degrees Fahrenheit. d. No activity shall create any electrical disturbance, or which otherwise causes, creates, or contributes to the interference with electronic signals (including television and radio broadcasting transmissions)to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected. e. All loading areas shall have sufficient maneuvering room to accommodate all loading and maneuvering procedures. Public roadways shall not be used in loading or maneuvering. f. No noise or vibration(other than normal vehicular traffic)shall be permitted which is discernible on neighboring residential sites,to the unaided human senses for three minutes or more duration in any one hour of the day between the hours of 7:00 a.m. to 7:00 p.m.or of thirty seconds or more duration in any one hour between the hours of 7:00 p.m. to 7:00 a.m. The property owner making a claim that noise and vibration is present, is responsible for conducting any study to show such claim. ORDINANCE NO. 2016-03 PAGE 3 g- No use shall be permitted which creates annoying odor in such quantities as to be readily detectable beyond the boundaries of the site. h. No emission shall be permitted which can damage health, animals or vegetation, or other forms of property, or which can cause any nuisance or hazard. WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, on February 21, 2016, and was posted on February 19, 2016, 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, Mai ch 7, 2016, APPROVED this Ordinance as recommended by the Mohave County Planning and Zoning Commission and outlined herein. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF MARCH, 2016 MOHAVE COUNTY BOARD OF SUPERVISORS Jean Bishop, Chairman nthiliaaU Ginny Anderso Clerk of the Board \9 1/4c4.110 72f-1 1:Cc 1, rri ‘z: * MEAT DEUS * 461/Z00„ • Mll11111111101"