HomeMy WebLinkAbout2010-05 ORDINANCE NO. 2010-05
AN ORDINANCE SETTING FORTH AN AMENDMENT TO SECTION 27.11, GENERAL
PROVISIONS, FENCES, HEDGES AND SIMILAR STRUCTURES, OF THE MOHAVE
COUNTY ZONING ORDINANCE.
AMEND THE MOHAVE COUNTY ZONING ORDINANCE AS FOLLOWS
H. Fences, Hedges, and Similar Structures
1. Corner Lots.
a. Visibility at intersections in residential districts: On a corner lot in any residential
district, nothing shall be erected, placed, planted, or allowed to grow in such a
manner as materially to impede vision, between a height of two and one-half(2.5)
feet and ten (10) feet above the center line grades of the intersecting streets in the
area, bounded by the street lines of such corner lots, and a line joining points
along said street lines fifty (50) feet from the point of intersection.
b. On a corner lot, fences,walls, and hedges, in or along the secondary frontage,
will not be subject to front yard limitations.
2. Fences, walls, and hedges: Except as provided in Sections 27.11.1 and 27.H.4, and
notwithstanding .. _ - . . . .• e : ..• -, fences, walls, and hedges may be
permitted in any required yard, or along the edge of any yard, provided that no fence,
height subject to the following:
a. Fences, walls, and hedges four (4) feet or less in height are allowed in the
required front yard, or along the edge of the front yard.
b. Fences, walls, and hedges more than four (4) feet in height are allowed in the
required front yard, or along the edge of the front yard where the front lot
line of the front yard is not within or adjacent to an easement or right-of-way
for ingress and egress, or is shared in common with the side or rear lot line of
the adjacent parcel.
c. Fences, walls, and hedges may be permitted in any required side, rear, or
secondary frontage yard, or along the edge of any such yard, except as
provided in Section 27.H.1 for corner lots in residential districts.
d. Retaining walls over four (4) feet in height may be placed in any required
front yard, provided that the retained material is no more than one (1) foot
below the top of the retaining wall. In all other circumstances, a retaining
wall is subject to the general provisions for fences, walls, and hedges. The
retained material shall be level with or slope downward toward the retaining
wall, unless otherwise required for compliance with adopted building codes.
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FEE #2010021123
OFFICIAL RECORDS .440
OF MOHAVE COUNTY
CAROL MEIER, ::
COUNTY RECORDER tommir#
04/06/2010 02:07 PM Fee: $0.00
PAGE: 1 of 3
RESOLUTION NO. 2010-067
A RESOLUTION SETTING FORTH THE ADOPTION OF MOHAVE COUNTY ORDINANCE
NO. 2010-05, AMENDMENT TO SECTION 27.H, GENERAL PROVISIONS, FENCES,
HEDGES AND SIMILAR STRUCTURES, OF THE MOHAVE COUNTY ZONING
ORDINANCE.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on April 5,
2010, a public hearing was conducted to determine whether approval should be granted to amend
Section 27.H, General Provisions, Fences, Hedges and Similar Structures, of the Mohave County Zoning
Ordinance, as requested by the Mohave County Development Services Department, and
WHEREAS, the proposed new and amended provisions are contained in Exhibit "A." The
language to be added has been bolded and underlined, and the language to be removed has been
struck, and
WHEREAS, the proposed changes are to clarify some ambiguity in the current language and
resolve issues that have resulted in requests to the Boards of Adjustment for variances, and
WHEREAS, the provision in Section 27.H.2 that prohibits fences, walls and hedges over four
feet, in or along the sides of any front yard, raises issues with corner lots that have a secondary frontage.
Strict interpretation would not allow privacy walls along the secondary frontage and would require a
rear wall to be stepped down to no more than four feet to connect to the wall on the secondary frontage.
A similar issue has arisen with perimeter walls around subdivisions. The proposed changes in Section
27.H.1 and 27.H.2.a through c, attempt to clarify this issue so that these walls are allowed to exceed four
feet, except on corner lots where visibility issues at intersections dictate otherwise. Section 27.H.2.b is
intended to address the situation of flag lots or similar situations where the owner of the adjacent lot
could build a higher fence on that same lot line because for their lot, that line would be considered the
rear or side of their lot. and
WHEREAS, the provision for the new Section 27.H.2.d is added to clarify that when necessary,
due to topography, retaining walls over four feet in height are allowed within front yards. The
conditions for slope of retained material are included to clarify that the provision is intended for true
retaining walls and not to allow the construction of a higher wall with backfill piled against it to
circumvent the intent. The condition for the height above the retained material is to clarify that if a
retaining wall is necessary, it is not extended further than necessary for its named purpose, and
,
RESOLUTION NO. 2010-067 PAGE 2
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission
on March 10, 2010, the Commission recommended APPROVAL for an Amendment to Section 27.H,
General Provisions, Fences, Hedges and Similar Structures, of the Mohave County Zoning Ordinance,
as outlined in the attached Ordinance, and
WHEREAS, the notice of hearing was published in The Kingman Daily Miner, a newspaper of
general circulation in Kingman, Mohave County, Arizona, March 21, 2010 and posted March 19, 2010,
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, April 5, 2010, ADOPTED Mohave County Ordinance No. 2010-05, amending
Section 27.H. General Provisions, Fences, Hedges and Similar Structures, of the Mohave County Zoning
Ordinance as recommended by the Mohave County Planning and Zoning Commission and outlined
herein.
MOHAVE COUNTY BOARD OF SUPERVISORS
ATTEST ( 1
//
Tom Sockwell, Chairman
Barbara Bracken, Clerk5.4 40
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