Agenda

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Public Hearing 3. A.

Regular BOS Meeting

Meeting Date:	12/18/2018
Submitted For:	Scott Buzan
Submitted By:	Scott Buzan, Community Development Division Director
Department:	Community Development	Division:	Planning and Zoning

Information

Request/Subject

Ordinance No. 2018-05 which amends Section 103.1 of the Zoning Ordinance for Unincorporated Areas of Gila County Arizona (last amended in its entirety as Ordinance No. 2014-04) regarding Structures and Uses - Compliance to District Requirements.

Background Information

The Zoning Ordinance for the Unincorporated Areas of Gila County Arizona was first adopted in September of 1959. In accordance with Section 101.2 A. of the Zoning Ordinance for Unincorporated Areas of Gila County (last amended in its entirety as Ordinance No. 2014-04), the Gila County Board of Supervisors shall hear, review and adopt amendments to the text of the Zoning Ordinance after a recommendation is provided by the Planning and Zoning Commission.

The Gila County Planning and Zoning Commission held a duly noticed public hearing on October 18, 2018, and unanimously recommended approval for the Board of Supervisors to adopt Ordinance No. 2018-05 which amends Section 103.1 of the Zoning Ordinance.

Evaluation

During the normal course of business, staff became aware that Section 103.1 of the Zoning Ordinance contradicted another section of the Ordinance; some content was unclear as to its intent, and in certain instances, severely limited how an owner could use their property under certain circumstances.

Conclusion

Staff saw a need for Section 103.1 of the Zoning Ordinance to be amended. The proposed changes not only clarify the intent of the Section, but provides property owners an option of a Variance or Administrative Variance in which to pursue certain uses of their property. The goal is to make this section of the Ordinance easier to understand and less restrictive.

Recommendation

The Planning and Zoning Commission and Community Development staff recommend that the Board of Supervisors adopt Ordinance No. 2018-05, which amend Section 103.1 of the Zoning Ordinance of the Unincorporated Areas of Gila County Arizona.

Suggested Motion

Convene a public hearing to hear citizens who may wish to comment on a proposed amendment to Section 103.1 of the Zoning Ordinance of the Unincorporated Areas of Gila County, Arizona (last amended in its entirety as Ordinance No. 2014-04) for the encroachment of a building or structure into a required yard setback, to add unsecured habitable structures to the unsafe structures list, to clarify prohibited dangerous uses and nuisances, and to specifically define accessory structures and uses and the methods of obtaining approval to encroach into a required setback or establish an accessory structure or use when a primary or principal structure or use is not present; and adopt Ordinance No. 2018-05. (Scott Buzan)

Attachments
2018-05 Zoning Ordiance 103.1
Ordinance No. 2014-04 with red lines
Affidavit of Publication