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Regular Agenda Item 4. B.

Regular BOS Meeting

Meeting Date:	11/05/2019
Submitted For:	Scott Buzan	Submitted By:	Scott Buzan, Community Development Director
Department:	Community Development	Division:	Planning and Zoning

Information

Request/Subject

Adopt Ordinance No. 2019-07 to amend the Zoning Ordinance for the Unincorporated Areas of Gila County. Sections to be amended include: Section 101.3 (Administrative Variance) - pertaining to the mailing of Administrative Variance decision letters and Section 103.3 (Restriction on Regulating Through Zoning) to add what is not included in the definition of general agricultural purposes to conform with Arizona State Statute 11-811, and to make clear the meaning and procedures associated with nonconforming uses and structures.

Background Information

Currently, the Zoning Ordinance requires that decision notices of the Zoning Inspector or Designee regarding Administrative Variance requests are to be mailed by U.S. Certified Mail to the applicant and adjoining property owners.

“General agricultural purposes” as referenced in Arizona Revised Statutes 11-811 when regulating or restricting the use or occupation of land or improvements if the tract concerned is five or more contiguous commercial acres does not include the cultivation of cannabis or marijuana.

There is language in the current Ordinance pertaining to nonconforming uses and structures with respect to when a nonconforming business use can be expanded, circumstances when a nonconforming business use can be discontinued, reconstruction rights when a nonconforming structure is destroyed and the implications of changing a nonconforming business use. It further states that a 12-month discontinuance of the operation of a non-conforming use shall be deemed as an expiration of non-conforming status.

The Planning and Zoning Commission advertised for and held a public hearing on September 19, 2019, and with a vote of 6 to 2 in favor, recommended approval of multiple amendments which included these three amendments. The Commissioners who voted against only voiced concerns with the amendments that dealt with alcohol sales and consumption in zoning districts which are not included in this agenda item.

The Board of Supervisors advertised for and held a public hearing on October 15, 2019 to hear from the public on the multiple proposed amendments which included these three amendments. One comment was received from the public regarding nonconforming uses but it was in reference to businesses that currently sell alcoholic. The amendment to the section on nonconforming uses is in reference to the type of business. Whether that business sells alcohol is immaterial.

Evaluation

Mailing Administrative Variance decision letters by Certified Mail is not a statutory requirement, is expensive, and involves a significant amount of staff time. It is also inconvenient for the recipients since they have to go to the post office to take possession of the letter.

To be compliant with A.R.S. § 11-811, the Ordinance requires the wording “does not include the cultivation of cannabis or marijuana” to be added to the meaning of “general agricultural purposes” when regulating or restricting the use or occupation of land or improvements if the tract is five or more contiguous commercial acres.

Non-conforming pertains to a use or structure that conformed to the Zoning Ordinance in effect at the time the use or structure was originally approved but is now considered non-conforming due to the Ordinance having been amended. Staff determined that more descriptive language pertaining to nonconforming uses and structures with respect to when a nonconforming business use can be expanded, circumstances when a nonconforming business use can be discontinued, reconstruction rights when a nonconforming structure is destroyed and the implications of changing a nonconforming business would improve its readability. Furthermore, it was decided that extending the length of time for the discontinuance of an operation before losing their non-conforming status to 18 months from 12 would allow the property owner additional time to locate a new tenant.

Conclusion

Mailing Administrative Variance decision letters by First Class U.S. Mail rather than Certified Mail will reduce postage expense, staff time, and eliminate inconveniencing our customers while still fulfilling the requirements of the Ordinance.

Adding the words "does not include the cultivation of cannabis or marijuana" when referring to "general agricultural uses" in the Zoning Ordinance will make this Section compliant with A.R.S. § 11-811.

Improvement in the description of non-conforming uses and structures will provide the reader a better understanding of the intent of the Section and extending the timeframe to 18 months before losing the designation of non-conforming use due to discontinuance will benefit the property owner.

Recommendation

The Planning and Zoning Commission and Community Development staff recommend that the Board of Supervisors adopt Ordinance No. 2019-07 which amends Sections 101.3 and 103.3 of the Zoning Ordinance for the Unincorporated Areas of Gila County Arizona.

Suggested Motion

Information/Discussion/Action to adopt Ordinance No. 2019-07 which amends Section 101.3 and Section 103.3 of the Zoning Ordinance for the Unincorporated Areas of Gila County, Arizona. (Scott Buzan)

Attachments
Ofdinance No. 2019-07
Zoning Amendments
Affidavit of Publication