Agricultural Exemption Policy

Section 37.X AGRICULTURAL EXEMPTIONS

X. Regulations for Agricultural Exemptions (Added with BOS Ordinance No. 2016-06)

1. Purpose and Intent. The purpose of these regulations is to define Mohave County's methodology for applying agricultural exemptions per A.R.S. 11-812.A and A.R.S. 11-865.A.1. Mohave County's purpose is to ensure that land use and structures established in Mohave County further the public health, safety and welfare while recognizing the importance of agriculture in the County's economy and the exemptions in state statute. 
2. General Provisions
   1. Nothing contained in these regulations shall prevent, restrict or otherwise regulate the use or occupation of land or improvements for grazing, or general agricultural purposes, if the tract/s concerned is/are five (5) or more contiguous commercial acres in size (note: one commercial acre = 35,000 square feet).
   2. Only properties of five (5) contiguous commercial acres or larger, classified as agriculture by the Mohave County Assessor, and certified by the Development Services Director as land used for grazing or general agricultural purposes are eligible for and agricultural exemption. If a property has been so classified, the property is exempt from the Mohave County Zoning Ordinance and Building Codes. 
   3. A property shall be considered exempt from the Mohave County Zoning Ordinance and Building Codes when the Department of Development Services issues a certificate of exemption for that property. In order to secure a certificate of exemption, an applicant shall submit an application and a certificate from the Assessor's Office showing the code classification for the subject property, along with a plot plan showing the dimensions and percentages of land designated as agricultural or grazing by the Assessor's Office with any supporting documentation. 
   4. The exemption will only apply to areas classified as an agricultural or razing use by the Mohave County Assessor, and all other areas with other uses will be subject to the requirements of the Mohave County Zoning Ordinance and Building Codes. 
   5. All building and structures not used for agricultural or grazing purposes will be subject to the requirements of the Mohave County Zoning Ordinance and Building Codes. 
   6. All habitable structures, except habitable structures that are occupied solely be persons that are engaged in the agricultural or grazing purposes, will be subject to the requirements of the Mohave County Zoning Ordinance and Building Codes. 
   7. If the Assessor or the Development Services Director revokes the classification described in Subsection 2.b, the property will no longer be exempt and shall be subject to the requirements of the Mohave County Zoning Ordinance and Building Codes. 
   8. All agricultural exemptions, including exemptions given prior to the adoption of this Ordinance, will be reviewed annually by the Department of Development Services to ensure compliance with the provisions. 
   9. Any building or structure built under a previous agricultural exemption issued prior to the Board's adoption of the Ordinance will continue to be valid and no additional permitting will be required.
   10. A fee of $250 will be required for the processing of an agricultural exemption request. The fee will take effect upon completion of all legal requirements to assess new fees per A.R.S. 11-251.13 and A.R.S. 11-251.8. Such fee will be evaluated annually by the Board of Supervisors. 

Section 37.Y EXEMPTION PERMIT

Y. Regulations for an Exemptions Permit (Added with BOS Ordinance No. 2016-07)

1. Purpose. The purpose of these regulations is to reduce unnecessary regulatory burden for property owners constructing residential accessory structures on properties of five (5) contiguous acres in size or larger. Each structure that receives and Exemption Permit will be exempt from the Mohave County's Building and Zoning Codes. 
2. In order for a structure to be eligible to receive and Exemption Permit the following provisions must apply. 
   1. The structure must be located on a property that is five (5) contiguous acres in size or larger. 
   2. The structure can only be used for non-habitable residential accessory purposes. 
   3. Any structure built wholly or in part for habitation is not eligible to receive the Exemption Permit. 
   4. Each structure that receives and Exemption Permit requires an application and a signed waiver that releases the County of liability. 
   5. A fee of $50 will be required for the processing of each Exemption Permit application. The fee will take effect upon completion of all legal requirements to assess new fees, per A.R.S. 11-251.8. Such fee will be evaluated annually be the Board of Supervisors.
3. Height requirements.
   1. All structures built under an Exemption Permit must have minimum setbacks from all property lines of thirty (30) feet, and a maximum all height of ten (10) feet.