§ 37. GENERAL PROVISIONS.
A.
Special Uses. The following uses may be permitted in zones in which they are not specifically permitted by this Ordinance, where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the General Plan.
In each instance, the matter shall be processed as a Special Use Permit.
1.
Airports or aircraft landing fields, permanent public utility facilities (does not include distribution lines), and communications installations, and public and private sanitary landfills.
2.
Cemeteries, columbariums, crematories and mausoleums.
3.
Establishments of temporary or permanent enterprises involving large assemblages of people or automobiles, including amusement parks, circuses, fairgrounds, open-air theaters, race tracks, and recreational centers.
4.
Layout and construction of model homes and their use as sales office in an approved subdivision prior to Final Plat Recordation.
5.
General Commercial uses that are permitted without a Special Use Permit for the older mining communities of Oatman and Chloride when the General Commercial Uses will support tourist activities and are within established commercial areas.
6.
Renewable energy projects on properties zoned A (General), A-R (Agricultural-Residential), A-D (Airport Development), R-E (Residential Recreation) or M-2 (General Manufacturing). An applicant shall demonstrate that neighboring uses will be adequately buffered.
B.
Building Sites.
1.
Temporary construction trailers are allowed with any active construction site, as evidenced by an active building permit or a valid, current contract with a government entity.
2.
If more than one (1) lot, a portion of a lot, or portions of lots are used as a building site, setbacks will be considered for the combined area as a "lot" for the use approved thereon as long as it qualifies as a building site.
3.
Except as otherwise allowed by this ordinance, only one (1) single family dwelling may be established on any one (1) lot or building site.
4.
Two (2) or more mobile or manufactured homes that were manufactured as separate single family dwellings shall not be permitted as one (1) single family residence regardless of modifications proposed. Only those units originally manufactured to be transported in sections and connected on site shall be permitted as a single-family dwelling.
5.
Lot size for lots and parcels less than 5.0 acres shall be determined based upon the area of the lot or parcel exclusive of easements for road purposes, or "net" lot size. Notwithstanding other provisions of this Ordinance, lot size for parcels of 5.0 acres and larger shall be determined based upon the area of the lot or parcel including easements.
6.
Model homes, with or without, sales offices are permitted in all residentially zoned subdivisions and developments under the following stipulations:
a.
General Provisions.
1)
Structures built or installed for the purpose of a model home, with or without a sales office, shall comply with the allowed residential types and densities of the zone in which they are located and shall be consistent with the structure type and architectural type expected in the subdivision or development.
2)
All required zoning, building, and flood plain permits will be obtained before beginning construction of any structures.
3)
All construction details submitted for permits shall show the location of the office within any model home that is to be used for sales.
4)
Model homes, with or without sales offices, cannot be used to sell lots or homes outside the subdivision in which they are located.
5)
When the use of the model home as a sales office has ceased and the sale of the home is imminent, all changes made to accommodate the sales office will be removed and the model home will be converted back to a single-family dwelling and it will be inspected for compliance with the appropriate codes. The model home may not be sold until the recordation of the Final Plat.
6)
Model homes, with or without sales offices, cannot be inhabited as long as they function as model homes.
b.
In addition to the General Provisions above, building permits for model homes, with or without sales offices, may be issued before the final plat is recorded, provided that the following apply:
1)
All model homes, with or without sales offices, shall have an approved Special Use Permit prior to beginning construction.
2)
Future/proposed lots to be used as building sites will be surveyed and staked according to the accepted surveying principles by an Engineer or Land Surveyor registered as such in the State of Arizona. The surveyed lots will have the same configuration as the approved preliminary plat.
C.
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 structures may extend or project into the required rear yard as long as 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, including flexible zones, and regardless of prior approvals. The projection, together with all accessory structures, shall not exceed fifty percent (50%) of the required rear yard area.
D.
Location of Accessory Buildings.
Detached accessory buildings
1.
May be constructed anywhere the main building would be permitted.
2.
Shall not encroach on any required front yard or side yards.
3.
Require a primary residence to be established, or at a minimum proposed, as evidenced by an approved Building Permit prior to issuing a permit for an accessory or incidental structure in R-O, R-1, R-RV, R-MH, and R-O/A Zones. (Item 3 will not apply in A-R and R-E Zones.)
4.
For residential lots 20,000 square feet or less, detached storage sheds and other accessory structures less than 120 square feet and a maximum of ten (10) feet in height, may be placed within the standard rear setback area, but no closer than five (5) feet from the rear property line, provided that the accessory structure does not encroach on easements or rights-of-way. Accessory structures allowed by this provision shall be included when calculating the percentage of lot coverage. This provision shall not be construed to allow placement of garages or other permanent accessory structures, except as otherwise allowed by this Ordinance.
E.
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 within twenty (20) feet of the intersection 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 37.E.1 and 37.E.4, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard, 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 37.E.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.
e.
For parcels one acre or larger, perimeter fencing within the required front yard over four (4) feet in height, that does not obstruct or obscure view, is allowed. View obscuring fences, walls, and hedges over four (4) feet in height are allowed in the required front yard, or along the edge of the front yard, provided that:
1)
A Building Permit or Zoning Permit is obtained for construction of the fence or wall.
2)
The fence or wall design and placement is approved by the Mohave County Engineer during the permitting process or prior to commencement of construction to insure that the fencing does not pose a traffic safety hazard and is not placed within a public right-of-way or easement.
3)
Vehicle gates shall be placed at least twenty (20) feet from the traveled portion of the roadway so that a passenger vehicle stopped for the opening or closing of the gate does not extend into the traveled portion of a roadway.
3.
Except for the franchised utilities, public and private sewage system, and special use covered by a specific permit or lease agreement, no permanent structure shall be established by any individual, company, or corporation within a County road right-of-way or within any rights-of-way dedicated or easements granted for public use.
4.
All Commercial or Industrial Zones and uses will comply with the following standards. Standards for "view-obscuring" fencing shall apply whenever such fencing is required.
a.
Building or Zoning Permits must be obtained for all perimeter fencing exceeding a construction cost of Five Hundred Dollars ($500.00).
b.
Any fencing within the required front yard may exceed four (4) feet in height, provided that the fence design and placement is approved by the Mohave County Engineer during the permitting process and/or prior to commencement of construction. Fencing exceeding four feet in height, constructed, or construction having commenced, within the required front yard requires a Building or Zoning Permit.
c.
The height of the view-obscuring device shall be measured from the highest finished adjacent grade of the element to be obscured.
d.
All lots/parcels shall comply with this section in fencing, enclosure, enclosing, or containing of materials stored outside of any structure and for any work conducted outside of a building. Enclosure/containment fencing may be used to separate and view-obscure material storage areas outside of buildings so that fencing the perimeter would not be required.
e.
When adjacent to residential uses, the entire perimeter view-obscuring device along interior property lines shall be installed in the first phase of development or construction. Any fencing will comply with the residential standards in paragraph H.5.a.
f.
View-obscuring structures will be required where any incompatible uses are abutting or adjacent to each other. Within A-D (Airport Development), M-1 (Light Industrial), M-2 (General Manufacturing), or M-X (Heavy Manufacturing) zones, a use shall not be presumed to be incompatible with abutting or adjacent uses with the same zoning except where the property is abutting or adjacent to a federal or state highway, a county defined arterial highway, or a frontage road paralleling and contiguous to any one of these.
g.
The view-obscuring structures shall be constructed of materials normally defined as fencing materials; masonry construction, wood, stone, brick, frame stucco, chain link with slats, earthen berms and shall not be reflective. Materials excluded are plastic sheeting, shade cloth, used garage doors, and recycled sheet metal that has not been re-manufactured as fencing material. Live vegetation materials are allowed if they are equivalent in effect to that required in the definitions of view-obscuring. Alternative fencing will require prior approval by the Director upon finding that the alternative fencing is equivalent in function and compatibility with typical fencing materials.
h.
Except within A-D (Airport Development), M-1 (Light Industrial), M-2 (General Manufacturing), or M-X (Heavy Manufacturing) zones, when materials are being stored outside or work is being conducted outside of the building, such portions of the lots/parcels shall be view-obscured from public right-of-ways, ingress and egress easements, or public access. Within A-D (Airport Development), M-1 (Light Industrial), M-2 (General Manufacturing), or M-X (Heavy Manufacturing) zones, when materials are being stored outside or work is being conducted outside of the building, such portions of the lots or parcels shall be view-obscured from an abutting or adjacent federal or state highway, a county defined arterial highway, or a frontage road paralleling and contiguous to any one of these. Within an A-D (Airport Development) zone, view-obscuring of lots or parcels from county defined arterial highways within the airport may be waived with the concurrence of the relevant Airport Authority.
i.
Man-made earthen berms will only be allowed on lots or parcels greater than two and one-half (2.5) net acres and shall have a minimum setback of five (5) feet. Natural-occurring berms can be used on lesser acreage and will not require a minimum setback. All man-made earthen berms will require grading permits as required by the adopted building code and will require a five (5) foot setback to the toe of the slope and maximum design slope is 1½ to 1.
j.
All view-obscuring devices including earthen berms will be a minimum of six (6) feet.
k.
Fencing will extend two (2) feet above the highest item to be stored with the exception of mobile homes, manufactured homes, construction equipment, and intermodal freight containers (also called cargo containers, Conex boxes and other various names) in those commercial and industrial zones that allow open lot storage.
l.
View-obscuring devices shall be installed and maintained for the duration of the uses requiring the screening to be in place.
m.
The above enclosure requirement shall not apply to plant nurseries, or to the display for sale of new and used cars, trucks, trailers, mobile homes, or the use and sale of farm and construction equipment in operational condition.
n.
Intermodal freight containers shall not be stacked on top of other such containers, except in M-2 (General Manufacturing), M-X (Heavy Manufacturing), or A-D (Airport development) zones.
5.
Standards for Residential Uses.
a.
A required view-obscuring device shall be constructed of materials normally designed for fencing purposes, not to include plastic sheeting, shade cloth, used garage doors, or recycled sheet metal that has not been re-manufactured as fencing material. This limitation does not include any material that is designed for fencing materials.
b.
View-obscuring fencing shall be of sufficient height so that stored items, excluding large vehicles, intermodal freight containers and stored mobile homes or manufactured homes, shall not be visible above the required screening.
c.
Live vegetation may be substituted if it is equivalent in effect to that required in the definition of view-obscuring, and it is maintained to that standard. The plants must grow and be maintained at a height of six feet within three years of planting.
( Ord. No. 2016-04 , 5-2-2016)