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FEE# 2011047546
OFFICIAL RECORDS
OF MOHAVE COUNTY (dr
COUNTY
CAROL MEIER,
COUNTY RECORDER
09/13/2011 02:04 PM Fee: $0.00-
PAGE: 1 of 2
MOHAVE COUNTY ORDINANCE NO. 2011-14
AN ORDINANCE AMENDING THE MOHAVE COUNTY ZONING ORDINANCE TO
AMEND SECTION 12.3, REGULATIONS FOR ENERGY OVERLAY (E) ZONE, OF THE
MOHAVE COUNTY ZONING ORDINANCE, REGARDING THE USE OF THE ENERGY
OVERLAY ZONE ON PROPERTIES ZONED R-E (RESIDENTIAL-RECREATION).
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on
September 12, 2011, a public hearing was conducted to determine whether approval should be granted
to amend Section 12.3, Regulations for Energy Overlay (E) Zone, of the Mohave County Zoning
Ordinance regarding the use of the Energy Overlay Zone on properties zoned R-E (Residential-
Recreation), as requested by the Mohave County Development Services Department, and
WHEREAS, the proposed amended provisions are contained in Exhibit "A". The language to
be added has been bolded and underlined, and
WHEREAS, Section 12.3.A.1 currently states that the Energy Overlay Zone may be used on
properties zoned A (General), A-R (Agricultural Residential), A-D (Airport Development) or M
(General Manufacturing). At the time Section 12.3 was written, Department staff considered these
zones the most likely zones for development of alternative energy projects due to their predominantly
rural or light industrial classifications, and
WHEREAS, since adoption of Section 12.3, the Department has received several inquiries
regarding potential wind or solar energy projects where the properties are zoned R-E/10A (Residential-
Recreation/Ten Acre Minimum Lot Size). A Zoning Use Permit for an anemometer tower on state land
zoned R-E/10A, in the Arizona Strip, was approved in 2008, indicating that a wind proposal there may
be forthcoming, if the wind data supports it. A proposal for a photovoltaic solar project on property
zoned R-E/10A in the South Mohave Valley area appears to be imminent, and
WHEREAS, the Zoning of R-E/10A was primarily established in 1967 and 1968 in large
portions of Mohave County comprising almost 5,000 square miles, primarily in the Arizona Strip where
the property is under federal or state ownership. The R-E/10A zoning also occurs in other parts of the
county and there are some private lands with this zoning. Due to the ten-acre-minimum lot size
requirement, the properties with this zoning tend to be predominantly rural and similar to properties
zoned A-R and A, where the Energy Overlay zone would be allowed, and
ORDINANCE NO. 2011-14 PAGE 2
WHEREAS, the owner of property zoned R-E who would like to develop a project with an
Energy Overlay zone under the existing language of the Ordinance would have to first rezone the
property to A-R or M zoning. The rezone to A-R would be a down-zoning that the owner may not wish
to do, and the rezoning to M is the sort of rezoning that the Energy Overlay was intended to make
unnecessary, and
WHEREAS, this amendment to the text of the Ordinance does not establish an Energy Overlay
zone on any specific property. Developers of projects must still use the rezone process for their specific
properties to establish the zone. The amendment makes this zone available to a zone that was not
previously considered, but covers a substantial portion of Mohave County, and
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission
on August 10, 2011,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 August 28, 2011, and was posted on
August 26, 2011, 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, September 12, 2011, APPROVED this Ordinance as recommended by the Mohave
County Planning and Zoning Commission and outlined herein.
Amend Section 12.3.A.1 of the Mohave County Zoning Ordinance as follows:
1. The Energy Overlay zone is a combining zone that may be established through the
Rezone process. The uses of the underlying zone may continue after approval of the
Energy Overlay for the property, unless those uses are restricted by the Rezone to the
Energy Overlay. Standards for development such as setbacks and heights, if different
from those of the underlying zone, may be established upon approval of an Energy
Overlay request, and will apply to the energy project in place of the standards of the
underlying zone. For uses not a part of the energy project, the development standards for
the underlying zone apply. The Energy Overlay zone may be used on properties zoned A
(General), A-R (Agricultural-Residential), R-E (Residential-Recreation)z A-D (Airport
Development) or M (General Manufacturing).
PASSED, APPROVED AND ADOPTED THIS 12th DAY OF SEPTEMBER, 2011
MOHAVE COUNTY BOARD OF SUPE4 ISORS
. Buster D. 10 son, Chairman
,ccBarbara Bracken, Ck
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