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OFFICIAL RECORDS 411 1'`k
OF MOHAVE COUNTY g ,, a
ROBERT BALLARD,
COUNTY RECORDER +gym' e
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05/09/2016 10:16 AM Fee: $0.00
PAGE: 1 of 3
MOHAVE COUNTY ORDINANCE NO. 2016-04
AN ORDINANCE AMENDING SECTION 37.C., PROJECTIONS INTO YARDS, OF THE
MOHAVE COUNTY ZONING ORDINANCE TO ALLOW MAIN STRUCTURES, COVERED
PATIOS AND RESIDENTIAL ACCESSORY STRUCTURES TO ENCROACH INTO THE
REQUIRED REAR YARD.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on May 2,
2016, a public hearing was conducted to determine whether approval should be granted to amend the
Mohave County Zoning Ordinance, as requested by Mohave County, and
WHEREAS, at their meeting on September 9, 2015, the Planning and Zoning Commission
considered an amendment to the Mohave County Zoning Ordinance, as recommended by the Zoning
Ordinance '"review Committee. The proposed amended Ordinance contained changes to the area that
addressed "Projections into Yards", including the deletion of two paragraphs that allowed encroachment
of patios or parts of the main structure into the rear yard. Setbacks were revised to accommodate larger
structures without the need for encroachments, and
WHEREAS, the Board of Supervisors adopted the amended Ordinance on November 2, 2015,
and the Ordinance became effective December 2, 2015, and
WHEREAS, many of the subdivisions, developed prior to the arneadment, have Covenants,
Conditions and Restrictions(CC&Rs)that mimic the setbacks contained in the prior version of the Zoning
Ordinance. Complying with both the Zoning Ordinance and the CC&Rs results in a smaller building
footprint, as the CC&Rs typically require a 20-foot front yard setback and a 20 or 25-foot rear yard
setback,but often provide for the 10-foot rear yard encroachment once allowed by Mohave County. The
Zoning Ordinance amendment revised the setbacks to 15 feet in the front and 15 feet in the rear and
eliminated the allowance for a 10-foot rear yard encroachment. When the building complies with the 20-
foot setback required by the CC&Rs and the 15-foot setback required by the Zoning Ordinance, the lot
cannot accommodate the same-sized house as it could under the previous version of the Ordinance.
Accessory structures such as detached garages were also affected, and
WHEREAS,this undesirable outcome was not anticipated. The intent of amending the Ordinance
was to update it to accommodate the current trends in construction, to reduce the regulatory burden, and
to accommodate better residential areas. Unreasonably encumbering estabiished residential
neighborhoods was not the intent. This proposal provides for the allowable rear yard encroachments,and
ORDINANCE NO. 2016-04 PAGE 2
WHEREAS,the following descried 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.
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission
on April 13, 2016, 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 April 17,2016, and was posted on April 15,
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, May 2, 2016, APPROVED this Ordinance as recommended by the Mohave County Planning
and Zoning Commission and outlined as follows.
Amend Section 30 of the Mohave County Zoning Ordinance as follows (items to be deleted are struck
and items to be added are bolded and double underlined:
Section 37.0 Projections into Yards
1. Cornices, eaves, sills, buttresses, bases, fireplaces and similar projections.
a. May extend or project not more than two (2) feet into any required front yard.
b. Extending into the required rear yard shall be counted as part of the percentage
occupancy of that yard.
c. May project or extend into the required side yard except that two and one-half
(2.5) feet shall be maintained between lot lines, and a vertical projection of the
furthest point of overhang or projection.
2. Any open unenclosed stairway not covered by a roof or canopy may extend or project
the extent defined in(1) above.
3. Extensions or projections shall not encroach into easements or rights-of-way.
4. The main structure, patios which are attached to or are a part of the main structure, and
residential accessory s r_ r• m •x •n or s r i.• in i h rem it•d r r i lin.
a minimum of ten (10) feet of rear yard is maintained from the closest structural bearing
wall or post to the rear property line. This subsection applies to all residential zones,
in 1 lin. fl•xi.l• zit'. .n r• • trol• of iriir : I irl :1 Th• ire'• inn 1 . • h•r . ith :1l
accessory structures shall not exceed fif •ercent 50% of the re'uired rear and area.
ORDINANCE NO. 2016-04 PAGE 3
PASSED, APPROVED AND ADOPTED THIS 2nd DAY OF MAY, 2016
MOHAVE COUNTY BOARD OF SUPERVISORS
Jean B shop, Chairman
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