LDC Article 2 / Use Regulations

Article 2 / Use Regulations

Sec. 2.1 / Districts Established

2.1.1 / Establishment of Base Zoning Districts

The following base zoning districts are hereby established:

Symbol	District Name	Former Name
NOS	Natural Open Space	Natural Open Space & Floodplain Conservation
RS	Recreational Space	Same
RE-2	Rural Estate 2 (2 ac)	Residential A-2 Acre & Agricultural A
SF-35	Single-family 35	Residential A-35
SF-18	Single-family 18	Residential A-18
SF-12	Single-family 12	Residential A-12
SF-9	Single-family 9	Residential A-9
SF-6	Single-family 6	Residential A-6
RT	Residential Transition	New District
MF-M	Multi-family Medium Density	Residence B, BM, & RBMH
MF-H	Multi-family High Density	Residence C
SPC	Specially Planned Community	Recreation Community Overlay
MU	Mixed Use	Neighborhood Service
RO	Residential Office	Same
NOB	Neighborhood Oriented Business	Same
BG	Business General	Business A
BR	Business Regional	Business B
DTB	Downtown Business	New District
IT	Industrial Transition	Commercial A and Industrial Buffer
IL	Industrial Light	Industrial A
IG	Industrial General	Industrial B

2.1.2 / Zoning District Hierarchy

Under the hierarchy of zoning districts established by this Land Development Code, the NOS district is the most restrictive zoning district and the IG district is the least restrictive zoning district. The overlay districts and the Manufactured Housing Floating District are not included in the zoning district hierarchy.

2.1.3 / Establishment of Floating Base District

The following floating zoning base district is hereby established:


Suffix-Symbol	District Name
-MH	[Single-family or Multi-family Districts] - Manufactured Housing

2.1.4 / Establishment of Overlay Zoning Districts

The following overlay zoning districts are hereby established:

Symbol	District Name
ANO	Airport Noise Overlay
CCO	Commercial Corridor Overlay
HPO	Historic Preservation Overlay

Sec. 2.2 / Zoning Map

The boundaries of the zoning districts established by this Code are shown on the “Official Zoning Map of City of Prescott, Arizona” which is a part of this Code as fully as if it were set out in this Code in detail. Original zoning district maps in digital and/or hard copy are maintained in the office of the Community Development Director and/or the GIS/IT Division. In case of any dispute regarding the zoning classification of property subject to this Code, the original maps maintained by the Community Development Director shall control. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

A. Omitted Land

It is the intent of this Code that every part of the incorporated City of Prescott be included in one of the zoning districts established by this Code. Zoning assigned at the time of annexation may not be greater in density or intensity than the applicable county zoning.

B. Additional Land Areas

Any land area that comes under the jurisdiction of this Code shall be classified in accordance with state statutes.

C. Multiple Zoning Districts

Whenever a lot of record is divided by a zoning boundary, the development of the lot shall conform to the land use and design criteria of the zoning district in place on that specific portion of the lot.

D. District Boundaries

The following rules govern interpretations regarding the location of zoning district boundaries.

1. Municipal Boundaries

Boundaries shown as following, or approximately following, the limits of any incorporated municipality shall be construed as following those limits.

2. Streets and Highways

Unless otherwise indicated on the map, boundaries shown as following, or approximately following, streets and/or highways shall be construed to follow the centerlines of those streets and/or highways.

3. Property Lines

Boundary lines shown as following, or approximately following, platted lot lines or other property lines shall be construed as following those lines as shown on the county assessor’s parcel maps.

4. Section Lines

Boundaries shown as following, or approximately following, section lines, half-section lines, or quarter-section lines shall be construed as following those lines.

5. Railroads

Unless otherwise indicated on the map, boundaries shown as following, or approximately following, railroad lines shall be construed to lie midway between the main tracks of those railroad lines.

6. Shorelines

Boundaries shown as following, or approximately following, shorelines of any body of water shall be construed to follow the mean high waterlines of that body of water; and, in the event of change in the mean high waterline, shall be construed as moving with the actual mean high waterline.

7. Watercourses

Boundaries shown as following, or approximately following, the centerlines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel centerline of those watercourses taken at mean low water; and, in the event of a natural change in the location of those streams, rivers, or other watercourses, the zone boundary shall be construed as moving with the channel centerline.

8. Map Scale and Distances

Boundaries shown as separated from, and parallel or approximately parallel to, any of the features listed in this subsection shall be construed to be parallel to those features and at such distances as are shown on the zoning district map. Distances not specifically indicated on the map shall be determined by the scale of the map.

Sec. 2.3 / Use Table

All allowable uses, as specified in the table below, shall be established in permanent structures or permanent locations except as may be otherwise expressly permitted or inherent to the character of such allowed uses. All of the use categories used in the table are explained in Sec. 11.1, Use Categories. The first column contains a list of specific uses which provide an abbreviated explanation of the respective use category. If there is a conflict between the abbreviated specific use and the full explanation in Sec. 11.1, the provisions of Sec. 11.1 shall control. The final column in the table contains references to “Use Standards” that apply to the listed use type in all zoning districts and circumstances. The Use Standards applicable to the respective specific uses are presented in alphabetical order in Sec. 2.4, Use Standards, following the Use Table.

A. P Permitted Uses

A “P” indicates that a use is allowed by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this Code.

B. C Conditional Uses

A “C” indicates that a use is allowed only if reviewed and approved as a Conditional Use in accordance with the Conditional Use review procedures of Sec. 9.3. Conditional Uses are subject to all other applicable regulations of this Code.

C. S Special Uses

An “S” indicates that a use is allowed only if reviewed and approved as a Special Use in accordance with the Special Use review procedures of Sec. 9.9. Special Uses are subject to all other applicable regulations of this Code.

D. Uses Not Allowed

A blank cell (one without a “P”, “C”, or “S”) indicates that a use type is not allowed in the respective zoning district. Uses not listed may be allowed in accordance with the Similar Use Interpretation provisions of Sec. 11.1.2.

E. Accessory Uses

The regulations that apply to Accessory Uses are contained in Sec. 2.5.

F. Temporary Uses

Temporary Uses may be allowed only if reviewed and approved in accordance with the Temporary Use review procedures of Sec. 9.11. The regulations that apply to Temporary Uses are contained in Sec. 2.6. Temporary Uses are subject to all other applicable provisions of this Code.

Table 2.3
PERMITTED USE TABLE
	RESIDENTIAL BASE ZONING DISTRICTS										NONRESIDENTIAL BASE ZONING DISTRICTS
SPECIFIC USE	RE-2	SF-35	SF-18	SF-12	SF-9	SF-6	RT	MF-M	MF-H	SPC¹	NOS	RS	MU	RO	NOB	BG	BR	DTB	IT	IL	IG	Use Standards
Residential Use Categories (Sec. 11.1.3)
Assisted Living (Sec. 11.1.3(A))
Assisted Living	C						P	P	P				P	P	P	P	P	P				2.4.7
Nursing Home													P	P	P	P	P	P				2.4.7
Accommodations (Sec. 11.1.3(B))
Bed and Breakfasts	P						C	P	P				P	P	P	P	P	P	P			2.4.12
Casitas, Cabins, or Cottages	C												C	P	P	P	P	P	P			2.4.14
Motels or Hotels													C	P	P	P	P	P	P	P	P	--
Vacation Rental of Single-Family Dwellings	P	P	P	P	P	P	P	P	P				P	P	P	P	P	P	P
Congregate Living (Sec. 11.1.3(C))
Boarding Houses							C	P	P				P	P	P	P		P	P			--
Family Community Residence²	P	P	P	P	P	P	P	P	P	P			P	P	P	P	P	P	P			2.4.17
Transitional Community Residence³	C	C	C	C	C	C	C	P	P	C			P	P	P	P	P	P	P			2.4.17
Dormitories / Fraternities / Sororities							C	C	C				C	C	P	P	P	P	P
Household Living (Sec. 11.1.3(D))
Single-Family Dwellings / Modular Homes⁴	P	P	P	P	P	P	P	P	P				P	P	P	P	P	P				2.4.47
Duplex Dwellings							P	P	P				P	P	P	P	P	P				2.4.20
Multi-Family Dwellings (Apartments & MF Condos)							P	P	P				P	P	P	P	P	P	P			2.4.32
Patio Homes⁵							P	P	P				P									2.4.35
Townhouses⁶							P	P	P				P									2.4.50
Manufactured Housing⁷																						2.4.29
Manufactured Home Parks							C	C	P							C	C					2.4.30

See Section 4.13.5 / Allowed Uses.

“Stand-alone professional practices” (practices not having a residential component) are possible subject to the processing of a conditional use permit.

A community residence is allowed as of right if it (1) is at least 800 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence along legal pedestrian rights-of-way, and (2) the operator or applicant is licensed or certified by the State of Arizona to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence, except as required by state law. Except as provided by state law, a conditional use permit must be obtained in accord with the use standards specified in Section 2.4.17 for any community residence that does not meet both criteria (1) and (2).

Modular homes must meet the Uniform Building Code (UBC) or International Building Code (IBC) standards.

Patio homes may also be allowed on individual lots in the RO, NOB, BG and BR districts and in the RE and SF districts in accordance with the planned area development (PAD) procedures of Section 9.5.9(I).

Townhouses may also be allowed on individual lots in the RO, NOB, BG and BR districts and in the RE and SF districts in accordance with the planned area development (PAD) procedures of Section. 9.5.9(I).

Manufactured housing may be permitted only in approved manufactured home parks and in zoning districts with the “-MH” floating zone designation (see Section 3.11, Manufactured Home Floating District (-MH)).

Table 2.3 (Continued)
PERMITTED USE TABLE
	RESIDENTIAL BASE ZONING DISTRICTS										NONRESIDENTIAL BASE ZONING DISTRICTS
SPECIFIC USE	RE-2	SF-35	SF-18	SF-12	SF-9	SF-6	RT	MF-M	MF-H	SPC¹	NOS	RS	MU	RO	NOB	BG	BR	DTB	IT	IL	IG	Use Standards
PERMITTED USE TABLE
Public, Civic and Institutional Use Categories (Sec. 11.1.4)
Cemeteries, Mausoleums	C	C	C	C	C	C	C	C	C							P	P		P	P	P	2.4.15
Colleges or Universities							C	C	C				C	C	P	P	P	P	P	P	P	--
Convents, Monasteries	C						C	C	C				P	P	P	P	P	P	P	P	P	2.4.18
Crematoriums																	C			P	P	--
Day Care, Center (>8 persons)							C	C	C				P	P	P	P	P	P	P	P	P	2.4.19
Day Care, Home-based (5-8 persons)	C						C	C	C				P	P	P	P	P	P	P	P		2.4.20
Electrical Generation Plants																				S	S	2.4.22
Emergency Medical Clinics									C						C	P	P	P	P	P		--
Golf Courses	S	S	S	S	S	S	S	S	S			S										2.4.23
Golf Driving Ranges	C																P		P	P	P	2.4.24
Hospitals & Trauma Centers																P	P		P			--
Libraries							S	S	S				S	S	P	P	P	P	S			--
Medical Clinics & Offices									C				P	P	P	P	P	P	P			--
Museums	S	S	S	S	S	S	C	C	C				C	P	P	P	P	P	P			--
Park or Nature Preserves	P	P	P	P	P	P	P	P	P		P	P	P	P	P	P	P	P	P	P	P	--
Places of Worship, Churches	C	C	C	C	C	C	C	C	P				P	P	P	P	P	P	P	P		--
Playgrounds	P	P	P	P	P	P	P	P	P			P	P	P	P	P	P		P	P	P	--
Private Clubs or Lodges	C						C	C	C				C	P	P	P	P	P	P	P	P	2.4.38
Schools, public or private, 9-12							C	C	C				C	C	C	P	P	P	P	P		--
Schools, public or private, K-8	C	C	C	C	C	C	C	C	C				C	C	C	P	P	P	P	P		--
Telecommunication Facilities	S	S	S	S	S	S	S	S	S			S	S	S	S	S	S	S	S	S	S	2.4.51
Utilities, Major	S	S	S	S	S	S	S	S	S		S	S	S	S	S	S	S	S	S	P	P	2.4.53
Utilities, Minor	P	P	P	P	P	P	P	P	P		P	S	P	P	P	P	P	P	P	P	P	2.4.53
Utility Installation & Services	P	P	P	P	P	P	P	P	P		P	S	P	P	P	P	P	P	P	P	P	2.4.53

See Section 4.13.5 / Allowed Uses.

Table 2.3 (Continued)
PERMITTED USE TABLE
	RESIDENTIAL BASE ZONING DISTRICTS										NONRESIDENTIAL BASE ZONING DISTRICTS
SPECIFIC USE	RE-2	SF-35	SF-18	SF-12	SF-9	SF-6	RT	MF-M	MF-H	SPC	NOS	RS	MU	RO	NOB	BG	BR	DTB	IT	IL	IG	Use Standards
Retail, Service and Business Use Categories (See Sec. 11.1.5)
Adult Bookstores and Entertainment																				P	P	2.4.1
Amphitheaters and Arenas											C						C		P	P		2.4.5
Amusement Parks																	C			C	C	2.4.6
Antique Shops															P	P	P	P	P	P		--
Appliance Sales and Service																P	P	P	P	P		--
Art Gallery													P	P	P	P	P	P	P	P		--
Artisan or Photographic Studio													P	P	P	P	P	P	P	P	P	--
Auctions, Indoor																	P	S	P	P		--
Auditoriums								C	C								P	S	P	P		--
Auto or Vehicle Body Shops and Repair																	P	S	P	P	P	2.4.9
Auto or Vehicle Sales and Leasing																S	P	S	P	P		2.4.10
Bakeries															P	P	P	P	P	P	P	--
Banks															P	P	P	P	P	P	P	--
Barber and Beauty Shops, Tanning, Masseuse									C					P	P	P	P	P	P	P	P	--
Book Stores													C	C	P	P	P	P	P	P		--
Campgrounds (more limited than RV Parks)	C										C					C	C		P	P		--
Candy and Ice Cream Stores															P	P	P	P	P	P		--
Car Detailing															C	P	P	S	P	P	P	--
Car Washes																C	C		P	P	P	--
Carpet, Flooring Sales															P	P	P	P	P	P		--
Catering Associated w/Restaurant															P	P	P	P	P	P		--
Catering, Mobile																	P		P	P	P	--
Cigar and Tobacco Shops															P	P	P	P	P	P		--
Convenience Stores													C	C	P	P	P	P	P	P	P	2.4.47
Craft, Fabric Stores															P	P	P	P	P	P		--
Delicatessens															P	P	P	P	P	P		--
Department Stores															P	P	P	P	P	P		--
Dressmaker or Tailor															P	P	P	P	P	P		--
Drug Stores															P	P	P	P	P	P		--
Electronic Equipment Sales															P	P	P	P	P	P		--
Entertainment, Indoors															C	P	P	P	P	P		--
Entertainment, Outdoors																			C	C	C	--
Fairgrounds																			P	P		--
Family Game Centers															C	C	C	P	P	P		--
Feed Stores																P	P	P	P	P		--
Firearms Dealers, Arms Only																P	P	P	P	P	P	--
Florist Shops													P	P	P	P	P	P	P	P		--
Funeral Homes									C				P	P	P	P	P	P	P			--
Furniture Stores															P	P	P	P	P	P	P	--
Greenhouses/Nursery Centers	C	C													P	P	P	P	P	P		2.4.25
Grocery Stores															P	P	P	P	P	P		--
Hardware, Electrical Supply Stores															P	P	P	P	P	P		--
Health Clubs/Spas												S			P	P	P	P	P	P	P	--
Indoor Racquetball, Swimming, Sports Clubs, Shooting Galleries												P				P	P	P	P	P	P	--
Kennels, Animal Shelters																C	C		P	P	P	2.4.28
Laundromats or Dry Cleaners															P	P	P	P	P	P		--
Limo & Shuttle Services																P	P	S	P	P	P	--
Liquor Stores																P	P	P	P	P		--
Lumber/Building Material Sales (w/o Outdoor Storage)															P	P	P		P	P	P	--
Micro-Breweries, No Distribution															P	P	P	P	P	P		--
Nightclubs, Bars (Stand Alone)																P	P	P	P	P		--
Offices									C				P	P	P	P	P	P	P	P	P	--
Outdoor Statuary, Small Sheds, Patio Equipment																C	C		P	P	P	--
Pack and Ship Shops													C	P	P	P	P	P	P	P		--
Parking Garages																P	P	S	C	C	C	--
Parking Lots, Stand Alone									P					P	P	P	P	P	P	P		--
Pawn Shops																C	C	C	P	P		--
Personal Services													P	P	P	P	P	P	P	P		--
Pet Grooming													P	P	P	P	P		P	P		--
Pool, Billiard Rooms																P	P	P	P	P		--
Print Shops															P	P	P	P	P	P		--
Racetracks, Animal												S							S	S	S	2.4.39
Racetracks, Motor Vehicle												S								S	S	2.4.40
Radio or Television Broadcast Studios															P	P	P	P	P	P	P	2.4.41
Recreational Vehicle (RV) Parks	S											C				C	C		C	C		2.4.42
Recreational Vehicle (RV) Storage Yard	C	C	C	C	C	C	C	C	C							C	C		P	P	P	2.4.44
Rental Car Agencies																C	C	S	P	P	P	--
Repair Shops, Minor (small appliance, shoes, etc.)													C	P	P	P	C	P	P	P	P	--
Resale/Consignment Shops													C		P	P	P	P	P	P		--
Restaurants, Fast-Food w/Drive-thru																P	P		P	P		--
Restaurants, Outdoor Dining															P	P	P	P	P	P		--
Restaurants, Standard															P	P	P	P	P	P		--
Service Stations (Gas)																C	C		P	P	P	2.4.47
Shooting/Archery Ranges, Outdoor												C							C	C	C	2.4.48
Skating Rinks, Swimming Pools												P				P	P	S	P	P	P	--
Studios, Dance or Music													P	P	P	P	P	P	P	P		--
Tarot/Palm Reader/Psychics																	P	P	P	P		--
Tattoo Parlor																C	C		P	P		--
Theaters																P	P	P	P	P		--
Tire Sales and Mounting																	P		P	P	P	--
Trade Schools																	C		P	P	P	--
Veterinary Clinic															C	C	P		P	P		2.4.28
Video Rentals and Sales													C		P	P	P	P	P	P		--

Table 2.3 (Continued)
PERMITTED USE TABLE
	RESIDENTIAL BASE ZONING DISTRICTS										NONRESIDENTIAL BASE ZONING DISTRICTS
SPECIFIC USE	RE-2	SF-35	SF-18	SF-12	SF-9	SF-6	RT	MF-M	MF-H	SPC¹	NOS	RS	MU	RO	NOB	BG	BR	DTB	IT	IL	IG	Use Standards
Industrial Use Categories (Sec. 11.1.6)
Aeronautical Activities within Airport Boundaries																			P	P	P	2.4.4
Airports, Heliports, Landing of Aircraft																			S	S	S	2.4.4
Ambulance Services																C	C	S	P	P	P	--
Auctions, Indoor (other than Livestock)																	P		P	P		--
Auctions, Livestock																				C	P	2.4.8
Boat Building, Repair																				P	P	--
Batch Plants, Asphalt and Concrete																				S	S	2.4.11
Bus Terminals																	C	S	P	P	P	--
Cabinet Making																	C		P	P	P	--
Chemical-based Manufacturing																			C	P	P	--
Clothing Manufacturing																	P		P	P	P	--
Contractor Storage Yard																				P	P	2.4.35
Dry Cleaning Plants																			P	P	P	--
Fabrication of Materials																			C	P	P	--
Film Production Studios																	P	S	P	P	P	--
Hazardous Waste Facilities																				S	S	2.4.26
Heavy Equipment Sales/Service																			P	P	P	--
Ice Manufacture																			P	P	P	--
Incinerators																				S	S	--
Junkyards																				S	S	2.4.27
Landfills																				S	S	--
Landscape Contractor Yards																			P	P	P	2.4.29
Light Assembly, Indoor																P	P	S	P	P	P	--
Light Machine Shops, Spot Welding, Indoors																	C	S	P	P	P	--
Lumber Mills																				P	P	--
Machine Shops, Heavy Equipment, Mass Production																			C	P	P	--
Meat Packing																			C	P	P	--
Metal Casting/Fabrication/Foundries																			C	P	P	--
Mining and Extractive Uses																				S	S	2.4.32
Outdoor Display/Sale of Bulk Containers (large sheds, hot tubs, cargo cars, etc.)																			P	P	P	--
Outdoor Production or Storage																				P	P	2.4.35
Petroleum/Chemical Production																				P	P	2.4.37
Publishing and Printing																	P	P	P	P	P	--
Recycling Collection Facilities																				P	P	2.4.43
Research/Development/Testing																		S	P	P		--
Self-Storage or Mini-Storage															C	C	C		P	P	P	2.4.45
Storage, Commercial																			P	P	P	2.4.16
Taxidermy Facilities																	C		C	P	P	--
Warehousing and Distribution																	C		C	P	P	--
Wholesale Facilities																	C		P	P	P	--
Agricultural Use Category (Sec. 11.1.7)
Agricultural Production	C																		C	P	P	2.4.2
Agricultural Service																			P	P	P	2.4.3
Auctions, Livestock																				C	P	2.4.8
Commercial Stables	C											C								P	P	--
Farmers Market																	P	P	P	P	P	--
Nurseries, wholesale	C	C																	P	P	P	2.4.34
Accessory Uses (See Sec. 2.5)
Babysitting or (up to 4 persons)	P	P	P	P	P	P	P	P	P				P	P	P	P	P	P	P	P	P	2.5.3
Caretaker Quarters												P						P	P	P		--
Employer Day Care Centers/Playgrounds													P	P	P	P	P	P	P	P	P	--
Flagpoles	P	P	P	P	P	P	P	P	P		P	P	P	P	P	P	P	P	P	P	P	2.5.4
Garages	P	P	P	P	P	P	P	P	P				P	P	P	P	P					--
Garage/Yard Sales	P	P	P	P	P	P	P	P	P				P	P	P	P	P	P	P	P	P	2.5.5
Gazebos	P	P	P	P	P	P	P	P	P		P	P	P	P	P	P	P	P	P	P	P	--
Greenhouses	P	P	P	P	P	P	P	P	P				P	P	P	P	P					--
Guest Quarters	P	P	P	P	P	P	P	P	P				P	P	P	P	P	P				2.5.6
Home Occupations	P	P	P	P	P	P	P	P	P				P	P	P	P	P	P				2.5.7
Mobile Food Vendors													C	C	C	P	P	C	P	P	P	2.5.13
Professional Practice	P	P	P	P	P	P	P	P6	P6				P	P	P	P	P	P				2.5.8
Recreational Vehicle (RV), Motorhomes and Similar Storage	P	P	P	P	P	P	P	P	P				P	P	P	P	P	P	P			2.5.9
Satellite Receivers, Ham Radio Towers, Antennas	P	P	P	P	P	P	P	P	P				P	P	P	P	P	P	P	P	P	2.5.10
Solar Collectors, Roof-Mounted	P	P	P	P	P	P	P	P	P				P	P	P	P	P	P	P	P	P	2.5.11
Stables, Barns & Corrals, Private	P	P	P	P	P	P													C	P	P	2.5.12
Swimming Pools	P	P	P	P	P	P	P	P	P			P	P	P	P	P	P	P	P	P	P	2.4.50
Temporary Uses (See Sec. 2.6)
Bulk Containers, Storage or Sales From, temporary																P	P		P	P	P	2.6.4, 2.4.13
Carnivals, Circuses or Special Events, temporary	P	P	P	P	P	P	P	P	P			P	P	P	P	P	P	P	P	P	P	2.6.5
Construction/Storage Offices, temporary	P	P	P	P	P	P	P	P	P				P	P	P	P	P	P	P	P	P	2.6.6
Land (Real Estate) Sales and/or Leasing Offices, temporary	P	P	P	P	P	P	P	P	P				P	P	P	P	P	P	P	P	P	2.6.8
Open Air Sales, temporary													P	P	P	P	P	P	P	P	P	2.6.7
Shelters, temporary	C	C	C	C	C	C	C	C	C				C	C	C	C	C	C				2.6.9

See Section 4.13.5 / Allowed Uses.

(Ord. 5013-1551, 11-8-2016)

Sec. 2.4 / Use Standards

Unless otherwise noted, the Use Standards of this section apply to the respective use types in any district, as specified in the Sec. 2.3, Use Table.

2.4.1 / Adult Bookstores and Entertainment (Retail Sales and Service, Entertainment-Oriented Use Category)

Adult bookstores and entertainment establishments shall be subject to the standards of Prescott City Code, Title V, Section 7, Sexually-Oriented Businesses.

2.4.2 / Agricultural Production (Other Use Categories, Agriculture Use)

Agricultural production uses shall require a site plan showing existing and proposed structures and uses and shall be subject to the following standards:

A. Minimum Setbacks:

1. Buildings: 35 feet, all sides

2. Bulk Storage Structures: 150 feet

B. The site shall have frontage on, and access to, a collector or arterial street.

C. Trucks, tractors, portable storage tanks, and trailer or motorized agricultural implements shall be screened from view of adjacent streets and residential zoning districts.

D. Contamination of water resources due to spillage or leakage of chemicals, fuels and other products that are stored on site is prohibited.

2.4.3 / Agricultural Service (Other Use Categories, Agriculture Use)

Agricultural supplies, storage, or service centers uses shall be subject to the following standards:

A. Minimum Setbacks:

1. Buildings: 35 feet, all sides

2. Bulk Storage Structures: 150 feet

B. The site shall have frontage on, and access to, a collector or arterial street, provided the authority with jurisdiction over the subject road may approve alternative access.

C. Trucks, tractors, portable storage tanks and trailer or motorized agricultural implements shall be screened from view of adjacent streets and residential zoning districts.

D. Contamination of water resources due to spillage or leakage of chemicals, fuels and other products that are stored on-site is prohibited.

E. Sales shall be primarily to serve the agricultural community.

2.4.4 / Airport, Heliport, Landing of Airplanes (Industrial Use Categories, Aviation and Surface Transportation Facilities)

Aviation uses shall be subject to the following standards (See also Airport Noise Overlay District, Sec. 5.2):

A. Documentation shall be submitted to the City showing that the site complies with all applicable state and federal requirements.

B. Setbacks, landscaping and fencing appropriate to the specific nature of the use proposed shall be established during the review process.

C. The site shall be located within the boundaries of the airport property, or shall have frontage on, and access to, a collector or arterial street, provided the authority with jurisdiction over the subject road may approve alternative access.

D. All areas proposed for active use, including fuel storage areas, shall be fenced.

E. Proposed take-off and landing facilities shall be sited with consideration of potential impacts on residential areas.

2.4.5 / Amphitheater or Arena (Retail, Service and Business Use Categories; Entertainment Event, Major)

Amphitheaters and arenas shall be subject to the following standards:

A. Minimum Setbacks: 100 feet

B. The above minimum setback shall be from any street or boundary line for all structures, viewing areas and seating areas.

C. The site shall have frontage on, and access to a, collector or arterial street.

D. The following accessory uses may be permitted as incidental to, and limited to patrons of, the principal use:

1. Playground;

2. Refreshment/souvenir stands or booths; and

3. Offices.

2.4.6 / Amusement Parks (Retail, Service and Business Use Categories; Recreation and Entertainment, Outdoor)

Amusement parks shall be subject to the following standards:

A. All equipment shall be located and designed to minimize adverse impacts on adjacent uses.

B. The site shall have frontage on, and access to, a collector or arterial street.

2.4.7 / Assisted Living and Nursing Homes (Residential Use Categories; Assisted Living)

Assisted living and nursing home facilities shall be subject to the following standards:

A. All facilities shall comply with all applicable federal, state and local requirements for the location and operation of such facilities and the provision of safe outdoor recreation areas and gross floor areas for every person that the facility is licensed to accommodate.

B. Facilities shall include 24-hour caregivers on site.

C. The structure shall contain a common food preparation area and may contain individual kitchenettes for occupants.

D. The facility shall be in full compliance with all applicable requirements of the Americans with Disabilities Act.

2.4.8 / Auctions, Livestock (Industrial Use Categories, Wholesale Sales)

A. Minimum Setbacks: 500 feet

B. Notwithstanding other provisions to the contrary, the above minimum setback shall be from any residential zoning district or lot containing a residential use for all activity areas, including driveways and on-site roads.

C. Performance Standards

For the purposes of this section, bounding property line shall be interpreted as being at the far side of any street alley, stream or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two (2) parcels of property shall be interpreted as the bounding property line.

1. Noise

At no point on the bounding property line shall the sound pressure level of any livestock auction produce noise of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.

2. Particulate Matter

No livestock auction shall at any time create particulate matter that, when considered at the bounding property line of the source of operation, creates a nuisance or distracts from the use and enjoyment of adjacent property.

D. Odorous Matter

No use shall be located or operated in any district that involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line, or any point beyond the tract, on which such use or operation is located. The odor threshold shall be the concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person.

2.4.9 / Auto or Vehicle Repair and Body Shops (Retail, Service and Business Use Categories, Vehicle Repair)

A. All automotive repairs shall be conducted wholly within a building, except repairs made to recreational vehicles. No outdoor storage of vehicles shall occur on the site of a vehicle repair use except in the IL and IG zoning districts. For purposes of this provision, outdoor storage of vehicles will be deemed to have occurred if a vehicle with current license plates remains outdoors for over 7 cumulative days within a year or if a vehicle does not have current license tags and remains outdoors for any length of time.

B. All vehicles being parked or stored shall be set back at least 10 feet from all rights-of-ways and at least 5 feet from all other property lines. Concrete wheel stops or other permanent barriers shall be installed to prevent vehicles from encroaching into required setbacks or landscaped areas.

2.4.10 / Auto or Vehicle Sales and Leasing (Retail Sales and Service, Sales-Oriented Use)

Consumer vehicle sales and leasing facilities shall be subject to the following standards:

A. Minimum Setbacks:

1. Vehicles:

a. 10 feet from street frontages

b. 5 feet from other property boundaries

B. Outdoor speakers are not allowed.

C. Concrete wheel stops or other permanent barriers shall be installed to prevent vehicles from encroaching on required setbacks or landscaped areas.

D. The site shall have direct access to an arterial, as defined in Sec. 11.2.

E. Outdoor lighting shall utilize cut-off fixtures and otherwise be designed in accordance with the requirements of Sec. 6.11, Outdoor Lighting.

F. Landscaping and screening shall be provided in accordance with the requirements of Sec. 6.5, Landscaping and Screening, and Sec. 6.5.6, Parking Lot Landscaping, provided, however, that landscaped islands shall be provided at a rate of one island per 40 spaces for vehicle sales and leasing display areas.

G. Display vehicles shall be arranged in an orderly fashion and provide reasonable room for pedestrian and vehicular maneuvering.

2.4.11 / Batch Plants, Asphalt and Concrete (Industrial Use Categories, Manufacturing and Production)

Batch plants, asphalt, concrete, redi-mix and rock crushing plants are subject to the following standards:

A. Minimum Setbacks: 1,000 feet

B. The above minimum setback shall be from any residential zoning district or lot containing a residential use for all activity areas, including driveways and on-site roads.

C. The City may specify the times of operation.

D. Provision shall be made for the on-site reduction and containment of dust and other particulate matter.

1. All internal roads shall be maintained in a dust-free condition;

2. The access drive from the site shall be paved with a surface of asphalt or concrete for a distance of at least 100 feet from the right-of-way of the public access road; however, a Special Use Permit may require more than 100 feet of such surface treatment; and

3. Dust, dirt, mud or other debris shall be removed from the wheels of vehicles before they leave the site.

E. Provisions shall be made for the on-site containment of industrial dust and wastewater.

F. The site shall have frontage on, and access to, a collector or arterial street.

2.4.12 / Bed and Breakfast (Retail, Service and Business Use Categories, Accommodations)

Bed and breakfast facilities shall be subject to the following standards:

A. A maximum of (five) 5 guest rooms may be permitted in the applicable residential districts.

B. Unless otherwise expressly allowed, ancillary uses and activities shall be prohibited in conjunction with a Bed and Breakfast, including luncheons, banquets, parties, weddings or other gatherings.

C. The owner or a manager shall reside on site.

D. Food service shall be allowed provided it is only offered to registered guests.

2.4.13 / Bulk Containers, Storage and Sales from (Industrial Use Categories, Industrial Sales and Service Use)

Where large containers are needed to temporarily store items for sale on site, the Community Development Director may approve the use as a temporary use. Otherwise, Bulk Containers for any purpose may only be permitted in the industrial zone(s). See also Bulk Container, Storage and Sales From, Temporary, in the Use Table 2.3 and Sec. 9.11, Temporary Use Permits.

2.4.14 / Casitas, Cabins and Cottages (Retail, Service and Business Use Categories, Accommodations)

Individual casitas, cabins or cottages shall not exceed 1,000 square feet (gross floor area).

2.4.15 / Cemetery, Mausoleums (Public, Civic and Institutional Use Categories, Parks and Open Space)

Cemetery facilities shall be subject to Conditional Use Permit requirement, except as otherwise specified, and to the following standards:

A. Minimum Setbacks, Buildings: 30 feet

B. The site proposed for a cemetery shall not interfere with the development of a public infrastructure system, including streets, sewers and other utilities.

C. Buildings shall be used for cemetery purposes only including, but not by way of limitation to, offices, memorial chapels, mausoleums, vaults, columbaria, crematoria, and such other structures as may be necessary for the preparation, presentation, interment, and cremation of human or pet remains and the maintenance of the cemetery.

D. There shall be adequate provisions for perpetual care.

2.4.16 / Commercial Storage (Industrial Use Categories, Industrial Sales and Service Use)

All commercial storage of goods and materials shall be fully enclosed within a building, and there shall be no outside storage of materials or products, except as expressly authorized elsewhere in this Code. This shall not be interpreted as a prohibition on parking of business-related vehicles on such sites. (See also Outdoor Storage or Production, Sec. 2.4.35, and Use Table 2.3 for applicable districts.)

2.4.17 / Community Residence, Family and Transitional (Residential Use Categories)

Family and transitional community residences shall be subject to the following standards:

A. A complete application to permit a community residence shall be submitted to the Community Development Director. If a Conditional Use Permit is required, a separate application must be submitted as set forth in Section 9.3.

B. A required conditional use permit may be issued only if the proposed community residence meets the following standards:

1. The applicant demonstrates that the proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence and that the presence of other community residences will not interfere with the normalization and community integration of the residents of the proposed community residence.

2. The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the proposed community residence.

3. The applicant demonstrates that the proposed community residence in combination with any existing community residences will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating community residences on a block or in a neighborhood.

C. If the state of Arizona does not require the proposed community residence to be licensed, services that require licensure under state law may not be provided at the community residence.

D. To establish a community residence for more than 12 individuals with disabilities, the applicant may apply for a Waiver for Reasonable Accommodation for community residences for persons with disabilities which are considered and acted upon by the Community Development Director, or her designee. In all cases the Community Development Director shall make findings of fact in support of his determinations and shall render his decision in writing. The Community Development Director may meet with and interview the applicant to ascertain or clarify information sufficiently to make the required findings. To grant a Waiver for Reasonable Accommodation, the Community Development Director shall find affirmatively all of the following standards:

1. The applicant demonstrates that the proposed community residence can and will emulate a biological family and function as a residential use rather than an institutional or other nonresidential use.

2. The applicant demonstrates that the proposed community residence needs to house more than 12 residents for financial or therapeutic reasons.

3. The applicant demonstrates that the proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence and that the presence of other community residences will not interfere with the normalization and community integration of the residents of the proposed community residence.

4. The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the proposed community residence.

5. The applicant demonstrates that the proposed community residence in combination with any existing community residences will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating community residences on a block or in a neighborhood.

E. An applicant may appeal denial of a Waiver for Reasonable Accommodation by the Community Development Director or her designee pursuant to Section 9.17.

2.4.18 / Day Care Centers (Public, Civic and Institutional Use Categories, Day Care)

Day Care Centers shall be subject to the following standards:

A. Care may be provided for 8 or more people, either adults or children.

B. All Day Care Centers shall comply with all applicable state requirements for the location of such facilities and all requirements for the provision of safe outdoor recreation areas and gross floor areas for every person that the day care facility is licensed to accommodate.

C. Applications for permission to construct or operate a Day Care Center shall be accompanied by copies of all valid permits required by the State of Arizona and any other applicable agency. If such permits cannot be obtained prior to the time of application, the application must be accompanied by a report from the applicable licensing agency stating the licensing requirements and an explanation of how the applicant intends to meet these requirements.

D. The site shall have frontage on, and access to, a collector or arterial street.

E. The facility shall be in full compliance with all applicable requirements of the Americans with Disabilities Act.

2.4.19 / Day Care, Home-based (Accessory Use Categories, Day Care)

Examples include childcare, latch-key programs and adult day care programs. All home-based day care facilities providing care for 5 to 8 people, children or adults, shall be subject to the following standards:

A. Home-based Day Care facilities provide care for 5-8 persons.

B. Home-based Day Care facilities shall be managed by the resident operator.

C. Such facilities shall comply with all applicable state regulations.

D. Adequate provisions shall be made for access by emergency medical and fire vehicles.

E. All outdoor play areas shall be located on the rear portion of the property, shall be fenced with a minimum 6-foot high fence, and shall not be located adjacent to a public or private street.

2.4.20 / Duplex Dwellings (Residential Use Categories, Household Living)

All Duplex Dwellings shall be subject to the following standards:

A. Each Duplex Dwelling may be occupied by a single family or up to a maximum of 8 unrelated persons (See Definition of “Family,” Sec. 11.2.5);

B. Clustering of duplexes is required where possible to preserve available open space for use by the residents;

C. Where an existing single-family residence is converted to a Duplex Dwelling, all required parking shall be accessed from an alley where such alley access is available, or from a single common driveway where such alley access is not available; and

D. Where each dwelling unit is located on an individual lot, Duplex Dwellings may be permitted in RE and SF zoning districts in accordance with the Planned Area Development (PAD) procedures of Sec. 9.5.

2.4.21 / Electrical Generation Plants, other than Solar or Wind Power (Public, Civic and Institutional Use Categories, Major Utility Use)

Electrical generation facilities with power generation potential of 30 megawatts or more shall be subject to the following standards:

A. Minimum Setback: 1,000 feet

B. The above minimum setback shall apply to all operational areas and be measured from all parcel boundary lines that adjoin any zoning district other than the IG District.

C. For the purposes of this section, the term “operational area” shall mean all electrical generation equipment, cooling equipment, exhaust or venting equipment, and any structures housing such equipment.

D. Fencing shall be provided around the boundary of the property to prevent unauthorized access in accordance with the provisions of Sec. 6.4, Fences and Walls.

E. All current, state and federal permits, waivers of permits, licenses, and certificates of insurance shall be on file with the City of Prescott Community Development Department throughout the life of the use.

F. The owner shall comply with standards established by the City to prevent contamination of water resources due to spillage or leakage of chemicals, fuels and other products that are stored on site. The review process shall also consider the possibility of accidental explosion in establishing such standards.

G. Any increase in the schedule, intensity or energy output of operations, as established under the original permit, shall require an amendment to said permit.

H. If all operations at the facility cease for a period of 24 consecutive months, removal of all equipment, structures, foundations, tanks, towers, and fences shall be completed within the next 12 calendar months; the site shall be returned to its previous landscape by that time.

2.4.22 / Golf Courses (Public, Civic, and Institutional Use Categories, Parks and Open Space Use)

Golf course uses shall be subject to the following standards:

A. A golf course may include swimming pools, snack shops or refreshment stands on the course and a clubhouse that may contain dining/banquet facilities, locker room and shower facilities, a pro shop and a lounge.

B. A golf course may also include a golf practice range as accessory to the golf course, provided that it is an integral part of the golf course, is not lighted or operated other than daylight hours and is not operated at hours other than those during which the golf course is open for play.

C. The clubhouse site or related parking area shall have frontage on, and access to, a collector or arterial street.

2.4.23 / Golf Driving Ranges (Retail, Service and Business Use Categories, Recreation and Entertainment, Outdoor)

Golf driving ranges shall be subject to the following standards:

A. Minimum Setback, Tees: 50 feet

B. The application shall show the layout of the property with all offices, tee boxes, putting greens, sand traps, lights, screening structures, parking areas, fencing, and plant materials.

C. The site shall be configured to permit a minimum driving distance of 300 yards from each proposed tee, exclusive of the required landscape area.

D. The site shall comply with the landscaping standards of Sec. 6.5, Landscaping and Screening, unless a greater standard is imposed at the time of approval.

E. Lighting shall comply with Sec. 6.11, Outdoor Lighting, in order to minimize glare and reflection onto neighboring properties and public streets.

F. The office or related parking lot shall have frontage on, and access to, a collector or arterial street.

G. The site shall be designed to prevent unnecessary light, noise, or activity from having negative impacts on adjacent uses.

2.4.24 / Greenhouse/Nursery Center, Retail (Retail, Service and Business Use Category, Retail Sales and Service)

Retail greenhouses and nursery centers shall be subject to the following standards:

A. Permitted activities may include the off-site delivery of plant materials and the use and storage of all vehicles, equipment, and crew necessary for those activities.

B. Off-site maintenance of plant materials and planting shall constitute landscape contracting and shall be subject to the Use Standards for a Landscape Contractor’s Storage Yard.

2.4.25 / Hazardous Waste Facilities (Industrial Use Category, Waste-related)

Hazardous waste or materials facilities may be permitted subject to all state and federal requirements. Council-approved Special Use Permits may be subject to additional requirements.

2.4.26 / Junkyards (Industrial Use Category, Waste-related)

Junkyard facilities, which may include storage, shall be subject to the following standards:

A. The landscaping surrounding all outdoor storage areas shall include a solid wall at least 6 feet but no more than 10 feet in height. Storage between the street and such fence or screen, or above the height of such fence or screen, is expressly prohibited.

B. All gasoline, motor oils, brake and transmission fluids, antifreeze, hydraulic fluids, battery acids and other fluids shall be removed immediately from all salvaged vehicles. Such fluids shall be stored and disposed of in such a manner to avoid soil and environmental contamination of the subject site and prevent contamination of surrounding properties and waterways.

C. The site shall have frontage on, and access, to a collector or arterial street.

D. The use shall not create excessive traffic, noise, light, or other activity that would have negative impacts on adjacent uses.

2.4.27 / Kennels, Veterinary Clinics with or without Kennels, Animal Shelters and Animal Training Facilities (Retail, Service, and Commercial Use Categories; Retail Sales and Service, Personal Service-Oriented)

Kennels (indoor or outdoor), veterinary clinics with or without kennels, animal shelters, and animal training facilities shall be subject to the following standards:

A. The site plan shall show all fencing, berming, and building material soundproofing designed to mitigate the noise impact of the proposed use on the surrounding properties.

B. Waste handling and ventilation shall be designed to control odors discernible off site.

C. All kennels with outdoor runs shall be further subject to the following standards:

1. Minimum Setbacks:

a. Residential Zoning: 150 feet

b. Residential Structures: 300 feet

2. Dog kennels with outdoor runs shall require landscaping, fencing and berming to mitigate visual and noise impacts.

3. Outdoor exercise areas, runs, or yards, when provided for training or exercising, shall be restricted to use during daylight hours.

2.4.28 / Landscape Contractor’s Storage Yard (Industrial Use Categories, Industrial Sales and Service Use)

Landscape contractor storage yards shall be subject to the following standards:

A. A minimum of 50 percent of the site shall be planted and maintained in nursery stock as indicated on the approved site plan.

B. The site shall have frontage on, and access to, a collector or arterial street.

C. No more than 15 percent of the site may be used for exposed landscape material or equipment storage.

D. Equipment storage areas shall be screened from adjoining properties in accordance with the requirements of Sec. 6.5.8, Screening Standards.

E. No open burning shall be permitted on site.

F. Landscaping need only be provided for the portion of the site that is not planted and maintained in nursery stock.

G. Landscape waste composting shall be allowed as an accessory use only.

H. The main road from which access is taken shall always be kept free of dust, dirt, mud and other debris.

2.4.29 / Manufactured Housing (Residential Use Categories, Household Living)

All single-family dwellings may be occupied by a single family or a maximum of 8 unrelated persons (See Definition of “Family,” Sec. 11.2.5).

2.4.30 / Manufactured Home Parks (Residential Use Categories, Household Living)

Manufactured Home Parks shall be subject to the following:

A. All housing located in a manufactured home park shall meet the following standards:

1. Each home shall be the only habitable structure upon the space on which it is placed.

2. The home shall have a label or documents certifying that it is constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974. Pre-HUD mobile homes that are modified to comply with the HUD standard may be allowed.

3. The wheels, axles, tongue, towing apparatus, and transporting lights shall be removed prior to final installation of the unit.

4. All homes shall be completely skirted. Skirting or a curtain wall, unpierced except for required ventilation and access door, shall be installed and maintained so that it encloses the area under the structure. Material used for the skirting shall be erected so as not to create a fire hazard and maintained in a good state of repair.

The skirting or foundation must be a continuous, complete, opaque, and rigid surface that lends permanency to the appearance of the unit and totally screens the crawl space under the unit. The foundation skirting or curtain wall shall be of wood, metal, brick or stucco only.

5. Expandable rooms on homes shall be deemed an integral part of the home and shall meet all requirements stated herein.

B. Any construction of or addition to a Manufactured Home Park shall meet the following requirements:

1. Manufactured Home Replacement

Notwithstanding other provisions to the contrary, replacement of manufactured homes in a manufactured home park existing prior to the effective date of this LDC shall be permitted provided a minimum separation of 10 feet is maintained on all sides between homes.

2. Manufactured Housing Construction

No home without a label or documents certifying that it is constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974 shall be admitted unless it can be demonstrated that it meets the requirements of the Mobile Home Manufacturers Association Mobile Home Standards for Plumbing, Heating and Electrical Systems, or of any state or locally administered code insuring equal or better plumbing, heating, or electrical installations.

3. Hazardous Conditions

No home shall be so located as to be subjected to hazardous conditions including, but not limited to, flooding, poor soil conditions and poor drainage.

4. Water Supply and Sewage Disposal

Every Manufactured Home Park created after the effective date of this Code shall be connected to a public water supply and a public sewage disposal system.

5. Site Design

a. Streets

Unless streets are built to City standards and accepted by the City for maintenance, all streets shall be privately owned and maintained. All streets shall conform to the requirements of this Land Development Code. Alignment and gradient shall be properly adapted to topography, to safe movement of traffic, and to adequate control of surface water, ground water, and drainage.

b. Pedestrian Access

Pedestrian walkways, 3-feet wide for individual spaces and 4-feet wide for common space, shall be provided for safe pedestrian access between individual homes and between homes and service buildings within the park or subdivision. No walkway shall be so constructed as to be inundated or isolated during heavy rainfall or storms. Such walkways shall be surfaced with asphalt, concrete, pavers or gravel, and shall be graded to prevent standing water.

C. Manufactured Home Space Standards

1. Singlewide Manufactured Home Space

a. Minimum Area: 3,600 square feet

b. Minimum Width: 40 feet

2. Doublewide Manufactured Home Space

a. Minimum Area: 5,000 square feet

b. Minimum Width: 50 feet

3. Minimum Setbacks, Park Boundary: 20 feet

4. Minimum Dwelling Separation:

a. End: 10 feet

b. Side: 15 feet

c. Opposite Sides of An Internal Street: 36 feet

5. Each space shall have all corners clearly marked.

6. Each space shall be directly accessible form an approved internal street. No direct access shall be permitted to spaces from public streets adjoining the project perimeter.

7. Each space shall be provided with a concrete patio, wooden deck, or similar structure of at least 100 square feet, which shall be convenient to the entrance of the manufactured home. An awning may be placed over such patio, but no structure shall be placed thereon. This requirement may be waived in consideration of comparable outdoor living space design alternatives proposed by the developers and approved by the Community Development Director. Handrails shall be provided as required by the Building Official.

8. Expandable rooms or additions to homes shall be deemed an integral part of the home and shall meet all requirements stated herein.

9. Each space shall provide closed, watertight, weatherproof storage facilities, exclusive of space within the home. No storage shall be permitted on the space other than in enclosed storage facilities, in completely skirted and enclosed spaces beneath homes, or within homes.

D. Parking

Off-street parking shall be provided at the minimum rate of 2 spaces for each home space. Such parking shall be conveniently located to spaces for which it is so provided. Each parking space shall be at least 9 feet by 19 feet. Parking may be on the space, in off-street parking bays, or in combination with on-street parking where streets are a minimum of 32 feet wide. Required parking may be arranged in tandem.

E. Illumination

Adequate illumination on all streets and sidewalks shall be provided to insure the safe movement of pedestrians and vehicles at night. Such illumination shall create no direct glare into surrounding residential areas.

F. Common Open Space/Recreation Standards

Not less than 20 percent of the park property shall be designated as common open space and developed for the use and enjoyment of all park residents in accordance with the following standards:

1. At least half of said common open space (not less than 10 percent of the park property) shall be reserved and developed for a recreation area. Such area shall be conveniently located within each park and shall contain individual areas, which shall be equipped for passive adult recreation, with a children’s play area and/or a fenced tot lot. If a swimming pool is furnished, it shall be fenced and gated in accordance with the standards of Sec. 2.4.50, Swimming Pools Commercial & Residential and Sec. 6.4.6, Fences or Walls Required for Swimming Pools & Contained Water Bodies. Required setbacks shall not be counted as part of the required recreation area.

2. A minimum perimeter building setback and landscaped buffer yard 20 feet in width shall be provided. Such buffer may be counted toward the non-recreational common open space requirement.

3. The City shall inspect the buffer prior to the first manufactured home setup inspection to ensure there is adequate vegetation to create an effective perimeter buffer. The required perimeter buffer shall be appropriately landscaped and planted to provide a pleasing appearance to surrounding property.

4. Ground cover in the form of grass or other vegetation, in combination with gravel, shall be provided throughout the Manufactured Home Park so as to provide pleasant and, insofar as practicable, dust-free conditions.

5. Legal instruments shall govern the permanent retention and maintenance of the commonly owned open space not dedicated to the City. A description of such lands shall be recorded with the proper authorities.

G. Common Storage Facilities

1. Storage facilities shall be provided in a centralized, common facility located convenient to the home spaces. Not less than 5 percent of the total area of the Manufactured Home Park shall be reserved for a common storage area.

2. Such storage facilities shall be completely screened from view of all homes and from view of public streets.

3. Such facilities shall be located within a fence having a gate that is capable of remaining closed. Each home shall have a designated storage space within this area of not less than 300 square feet.

4. RV storage shall be permitted when screened from surrounding residences and public streets.

H. Utilities

1. All new or relocated electrical, cable television, telephone and gas utility lines, whether publicly or privately owned, shall be installed underground, except where the Technical Review Committee determines that underground installation is inappropriate.

2. Refuse and trash, and mechanical equipment shall be screened in accordance with the requirements of Sec. 6.5.8, Screening Standards.

I. Recreational Vehicles (Except for Park Models)

Travel trailers, campers, motor homes, or other recreational vehicles shall not be permitted on any manufactured home space or area reserved for manufactured home usage, except for park models (Refer to Table 11.2.5).

2.4.31 / Mining and Extractive Uses (Industrial Use Categories, Manufacturing and Production)

Mining and extractive uses shall be subject to the following standards:

A. The site plan shall show a plan for the proposed operation and restoration of the site that shall include the following:

1. An outline of the area to be excavated;

2. The proposed locations of sorting, grading, crushing, and similar equipment necessary to the operation and initial distribution of the excavated products;

3. The proposed locations of any buildings, scale-house, equipment storage areas, and equipment repair sheds or areas; and

4. The sequence of operations and the schedule of rehabilitation measures.

B. A plat, survey or map of the site, at a scale of 1" = 100’, shall be submitted showing the existing topography at 2-foot contour intervals.

C. The operation and rehabilitation of extractive products areas shall be in accordance with the following conditions:

1. Minimum Setback, Excavation Areas: 30 feet

2. Dust containment shall be practiced on a regular basis sufficient to control dust on site;

3. Operations shall be conducted in a safe manner, especially with respect to hazards to persons, damage to adjacent lands or improvements, and damage to any street by slides, sinking, or collapse of supporting soil adjacent to an excavation. No extractive operation shall be conducted in a manner so as to lower the water table on surrounding properties;

4. No excavation, removal, or fill shall be permitted if the finished conditions would contain the following:

a. Deep pits having side slopes of greater than 30 degrees;

b. Serious on-site erosion problems or erosion problems which could extend to neighboring properties; and

c. Un-drained depressions other than artificial lakes, or drainage problems that adversely affect neighboring properties.

d. After completion of operations, and in accordance with the approved rehabilitation map, the premises shall be cleared of debris, and a layer of soil capable of supporting vegetation shall be spread over the premises to a depth of at least 3 inches (except for areas under water) and shall be seeded with grass or other ground cover to prevent erosion.

D. Performance assurance in the form of a letter of credit, cash or surety, or other form acceptable to the City, shall be furnished in an amount adequate to assure compliance with the approved rehabilitation plan. The exact amount and a termination date for the completion of operations and the rehabilitation of the tract shall be established in the review process and imposed at the time of approval based upon the estimated costs of rehabilitating the site and the estimated length of time the operation will be conducted.

E. Hours and days of operation may be specified by the City at the time of approval.

F. Lifespan of the permit may be specified. Extension of the lifespan shall be subject to review and approval by the City Council.

G. The site and its operations shall be subject to ongoing review and inspection for compliance with this Code.

H. The site shall have frontage on, and access to, a collector or arterial street, provided the highway authority with jurisdiction over the subject road may approve alternative access.

I. The access drive from the site shall be paved with a surface of asphalt or concrete for a distance of at least 50 feet from the right-of-way of the public road from which access is taken.

J. Provisions shall also be made to remove dirt, mud and other debris from vehicle wheels exiting the site. The main road from which access is taken shall always be kept free of dust, dirt, mud and other debris.

K. The use shall not create excessive traffic, noise, light, or other activity that would have negative impacts on adjacent uses. All equipment shall be located and designed to minimize adverse impacts on adjacent uses.

2.4.32 / Multi-family Dwellings (Residential Use Categories, Household Living)

Multi-family Dwellings, including condominiums and apartments that fall within the definition of “Multi-family Dwelling”, shall be subject to the following standards:

A. All Multi-family Dwellings shall comply with Sec. 6.13, Residential Protection Standards.

B. All required off-street parking shall be provided in the rear of the property where possible; strip parking along street frontages is discouraged. Parking shall be accessed from an alley where alley access is available, or from a single common driveway where alley access is not available.

C. Site structures to preserve available open space and to create usable recreational space where possible.

D. Each dwelling may be occupied by a maximum of 8 unrelated persons (See Definition for “Family,” Sec. 11.2.5).

2.4.33 / Nurseries, Wholesale (Other Use Categories, Agriculture Use)

Wholesale nurseries shall be subject to the following standards:

A. Minimum Building Setbacks: Established during review process.

B. A minimum of 50 percent of the site shall be planted, grown or propagated in nursery stock.

C. Centralized offices for clerical and professional personnel may be maintained in one or more buildings for personnel performing functions for nursery-related businesses located elsewhere but under the same ownership.

D. The site shall have frontage on, and access to, a collector or arterial street.

E. Where such uses are permitted by Conditional Use Permit as accessory to a dwelling unit in a residential zoning district, the Board of Adjustment may require more or fewer standards than specified herein.

2.4.34 / Outdoor Storage or Production (Industrial Use Categories, Manufacturing and Production)

Outdoor storage or production including, but not limited to, contractor storage yards shall be allowed in the IL, Industrial Light and IG, Industrial General districts subject to the requirements of Sec. 6.5.8, Screening Standards.

2.4.35 / Patio Homes (Residential Use Categories, Household Living)

All patio homes shall be subject to the following standards:

A. Each patio home may be occupied by a single family (See Definition of “Family,” Sec. 11.2.5); and

B. Where each dwelling unit is located on an individual lot, Patio Homes may be permitted in RE and SF zoning districts in accordance with the Planned Area Development (PAD) procedures of Sec. 9.5.

2.4.36 / Petroleum or Chemical Refining or Production (Industrial Use Categories, Manufacturing and Production)

Petroleum refining or production facilities shall be subject to the following standards:

A. All activity on the subject property shall operate in accordance with all applicable state and federal regulations throughout the life of the permit. Current state and federal permits, waivers of permits, licenses and certificates of insurance shall be on file with the Community Development Department throughout the life of the permit.

B. The site shall have frontage on, and access to, an arterial street.

C. The access drive from the site shall be paved with a surface of asphalt or concrete for a distance of at least 50 feet from the right-of-way of the public road from which access is taken.

D. Provisions shall also be made to remove dirt, mud and other debris from vehicle wheels exiting the site. The main road from which access is taken shall always be kept free of dust, dirt, mud and other debris.

E. The use shall not create excessive traffic, noise, fuel or dust emissions, light, or other activity that would have negative impacts on adjacent uses. All equipment shall be located and designed to minimize adverse impacts on adjacent uses.

2.4.37 / Private Clubs or Lodges

Such uses that rent assembly space to the general public are permitted only in nonresidential zoning districts.

2.4.38 / Racetracks, Animal (Retail, Service and Business Use Categories, Recreation and Entertainment, Outdoor)

Animal racetrack facilities shall be subject to the following standards:

A. Minimum Setbacks: 250 feet

B. The above minimum setbacks apply to the racetrack and all buildings, viewing areas, and seating areas.

C. If night racing is to be conducted, all parking areas and access ways shall be adequately lighted, provided that such lighting, as well as lighting for the racetrack, shall be shielded to prevent light and glare spillover to adjacent uses.

D. The use shall not create excessive traffic, noise, light, or other activity that would have negative impacts on adjacent uses.

E. All facilities for housing and maintaining equine shall comply with the following requirements:

1. A 100-foot-wide area of vegetation cover, exclusive of pasture area, shall be maintained between any corral, un-vegetated exercise area, manure pile, or application area and any surface water or well, in order to minimize runoff, prevent erosion, and promote quick nitrogen absorption; and

2. Other conditions as may be specified in the review process.

F. The following accessory uses may be permitted as incidental to, and limited to, patrons of the principal use:

1. Refreshment stands or booths;

2. Souvenir stands or booths;

3. Restaurants or lounges;

4. Playgrounds and day care facilities;

5. Temporary campgrounds; and

6. Any other customary and incidental uses which may be deemed appropriate.

2.4.39 / Racetracks, Motor Vehicle (Retail, Service and Business Use Categories, Recreation and Entertainment, Outdoor)

Motor vehicle racetracks shall be subject to the following standards:

A. Minimum Setbacks: 300 feet

B. The above minimum setbacks apply to the racetrack and all buildings, viewing areas, seating areas, and areas reserved for vehicles to be raced.

C. All parking areas and access ways shall be adequately lighted, provided that such lighting, as well as lighting for the racetrack, shall utilize cut-off fixtures and otherwise be designed in accordance with the requirements of Sec. 6.11, Outdoor Lighting.

D. The following accessory uses may be permitted as incidental to, and limited to, patrons of the principal use:

1. Refreshment stands or booths;

2. Souvenir stands or booths;

3. Vehicle fuel and supplies sales limited to owners or operators of vehicles to be raced;

4. Temporary campgrounds;

5. Playgrounds;

6. Day care facilities; and

7. Any other customary and incidental uses which may be deemed appropriate.

E. The use shall not create excessive traffic, noise, light, or other activity that would have negative impacts on adjacent uses.

2.4.40 / Radio or Television Broadcast Studios (Retail, Service and Business Categories; Office)

Radio or Television Broadcast Studios shall be subject to the following standards:

A. In the NOB district, radio or television broadcast studios may be permitted provided, however, that:

1. Any Studio Transmitter Link (STL) transmitter, or similar mono-directional transmitters, shall be roof-mounted on the building housing the studio and must be substantially screened from adjacent streets and property.

2. The design of any STL shall be integral to the roof planes and colors of the building housing the studio.

3. The property owner and/or user of the STL shall have a continuing obligation to ensure that the operation of the studio and attendant equipment does not cause interference with off-site electronic and/or communications equipment.

4. Detached antenna poles shall not be permitted.

B. In the BG, BR, DTB and IT districts, radio or television broadcast studios may be permitted provided, however, that detached antenna poles shall be restricted and limited as follows:

1. In the BG, BR, DTB and IT districts, such poles shall be subject to the approval of a Special Use Permit.

2. In the IL and IG districts, such poles may be permitted by right; Special Use Permits shall not be required for detached antenna poles.

C. In all cases where detached antenna poles are permitted, whether by right or by Special Use Permit, the following restrictions and limitations shall apply:

1. Only STL transmitters, or similar mono-directional transmitters, with dish sizes not greater than 4 feet in diameter, may be allowed;

2. The setback from all property lines shall be equal to the height of the antennas, poles and dishes;

3. The property owner and/or user of the antennas, poles and/or dishes is under a continuing responsibility and obligation to insure that the operation of the studio and attendant equipment does not cause interference with off-site electronic and/or communications equipment; and

4. Such other restrictions and limitations as the City Council may determine, to address potential negative impacts to the community.

2.4.41 / Recreational Vehicle (RV) Parks (Retail, Service and Business Categories; Retail Sales and Service, Recreation and Entertainment, Outdoor)

Recreational vehicle (RV) parks and incidental facilities shall be subject to the following standards:

A. Minimum Space Area:

1. Recreational Vehicle, Motor Home, Camp Trailer and Similar: 1200 square feet

2. Cabin or Tent: 800 square feet

B. Minimum Space Width: 30 feet

C. Recreational vehicle parks shall be occupied only by persons using travel trailers, truck campers, small cabins without plumbing (traditional KOA-style), and tents for overnight, short duration, or seasonal camping;

D. Each park shall be served by central water and sewer facilities;

E. Each park shall provide common restroom and shower facilities in accordance with the requirements of the IPC (International Plumbing Code);

F. No space shall be located more than 600 feet from common restroom and shower facilities;

G. The City may require landscaping and screening pursuant to the provisions of Sec. 6.5, Landscaping and Screening; and

H. One tree of a species suitable for the area shall be provided for each 2 spaces and shall be located in close proximity to those spaces. (Existing trees on the site may be used to satisfy this requirement.)

2.4.42 / Recycling Collection Centers (Industrial Use Categories, Waste-Related Use)

Recycling Collection Facilities shall be subject to the following standards:

A. There shall be at least 2 parking spaces per 100 square feet of gross floor area.

B. All processing operations shall be conducted within an enclosed structure.

C. All vehicles, or parts thereof, on the premises shall be operable and shall meet all state and federal licensing requirements.

D. Outdoor storage shall be limited to drop-off recycling bins and shall be fenced with a solid fence of at least 6 feet, but not more than 8 feet, in height. Storage may not exceed the height of the fence.

2.4.43 / Recreational Vehicle (RV) Storage Yards (Retail, Service and Business Categories, Self-Service Storage)

Recreational Vehicle (RV) Storage Yards may be permitted subject to the following standards:

A. Screening shall be provided in accordance with the requirements of Sec. 6.5.8, Screening Standards; and

B. All RV Storage Yards permitted in any residential zoning district shall be located on land owned and/or otherwise controlled by a subdivision homeowners association or similar entity and shall be reserved for the exclusive use of the subdivision residents. Notwithstanding other provisions to the contrary, such yards may be permitted by right when so approved on a Final Plat, otherwise a Conditional Use Permit shall be required.

2.4.44 / Self-Storage or Mini-storage (Industrial Use Categories; Self-service Storage)

Self storage or mini-storage shall maintain a clear maneuvering/parking area at least 24 feet in depth directly in front of each storage bay.

2.4.45 / Service Stations, Self Service and Full Service, Convenience Stores (Retail, Service and Business Categories; Vehicle Service, Limited)

Gasoline service stations may be permitted subject to the following standards:

A. Minimum Standards

1. Where such use is adjacent to any residential district screening shall be required in accordance with Sec. 6.13, Residential Protection Standards.

2. Signs located on a canopy shall not extend above or below the fascia.

3. All outdoor lighting shall be subject to the requirements of Sec. 6.11, Outdoor Lighting.

B. Full Service

1. All bay doors shall face away from adjacent thoroughfares and rights-of-way, unless doing so would orient toward an adjacent residence.

2. Full Service stations shall not be permitted adjacent to residentially zoned uses.

3. A use providing automobile-related repairs shall be considered “Vehicle Repair” (Refer to Sec. 2.4.9).

2.4.46 / Shooting/Archery Range, Outdoor (Retail, Service and Business Use Categories, Recreation and Entertainment, Outdoor)

Outdoor shooting or archery facilities shall be subject to the following standards:

A. The applicant shall submit a detailed site plan showing the layout and design of the proposed outdoor shooting range including all required setbacks and landscaping and the existing and proposed structures, their gross floor areas and impervious surfaces. The scale of the site plan shall be no greater than 1" = 100’.

B. The applicant shall submit a detailed written narrative describing the proposed use. This narrative shall, at a minimum, describe the type of range (i.e. public, private, or government), the type of firearms and targets expected to be used, and the days and hours of operation. The Board of Adjustment may impose additional requirements on the layout and design of the range, and the days and hours of operation as part of the Conditional Use Permit.

2.4.47 / Single-Family Dwellings (Residential Use Categories, Household Living)

All single-family dwellings may be occupied by a single family and housekeeping unit (See definitions of “Family” and “Single Housekeeping Unit” in Section 11.2.5, General Terms).

2.4.48 / Swimming Pools, Commercial & Residential

Swimming pools shall be considered accessory to a principal residential or non-residential use, subject to the following standards:

A. Minimum Setbacks: 10 feet from water’s edge.

B. Fencing: Swimming pools shall be protected by an enclosure surrounding the pool area, as provided in Sec. 6.4.6, Fences and Walls.

2.4.49 / Telecommunications Facilities (Public, Civic and Institutional Use Categories, Utilities)

Telecommunications facilities, including commercial towers, antennas and wireless communication facilities and related facilities for one or more receivers, shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities, and shall require a Special Use Permit in accordance with the following standards.

A. Purpose

These regulations are intended to provide for the development of wireless communication services to the community while:

1. Protecting residential areas and land uses from potential adverse impacts of towers and antennas;

2. Encouraging the location of wireless facilities in nonresidential areas;

3. Minimizing the total number of wireless communication sites throughout the community;

4. Encouraging the joint use of new and existing tower sites as a primary option rather than the construction of single-use towers;

5. Encouraging the users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact upon the community is minimal;

6. Encouraging users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design and siting, landscape screening, and innovative camouflaging techniques;

7. Enhancing the ability of the service providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

8. Considering the public health and safety associated with wireless communication facilities; and

9. Minimizing potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures. In the furtherance of these goals the City shall give due consideration to the General Plan, the Zoning Code, and the Wireless Communication Plan for Central Yavapai County.

B. Exemptions

Towers, antennas and wireless communication, and related facilities that are exempt from the requirements of this section include:

1. Those not exceeding the maximum height and setback requirements of the underlying zoning district and used solely for transmissions by a single user and not otherwise restricted within that zone including, but not limited to, amateur radio and devices necessary for use of a subscription to a commercial wireless provider service.

2. Those that are owned, operated or controlled by a governmental entity.

C. General Provisions

1. Principal or Accessory Use

Antennas and towers may be considered either principal or accessory uses to the principal use of the property.

2. Lot Size

For purposes of determining whether the installation of a tower or antenna complies with district development regulations including, but not limited to, setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on a separately leased portion of the lot.

3. Appearance

a. Towers and antennas either shall maintain a galvanized steel finish or shall conform to any applicable standards of the FCC, FAA, or other regulatory agencies, or be painted to reduce visual obtrusiveness and blend with the surroundings.

b. Antenna and related electrical and mechanical equipment attached to alternative tower structures must be of a color compatible with the color of the supporting structure to make the antenna and related equipment visually unobtrusive.

c. Improvements comprising a wireless communication facility shall, to the extent possible, use materials, colors, textures, screening, and landscaping blending them into the natural and surrounding setting.

d. Towers shall not be artificially lighted unless required by the FAA or other applicable governmental authority. If lighting is required, the application shall contain a list of optional light devices and a statement of the reason for selection of the light device specified over each of the options. Economy and serviceability are among acceptable criteria for selection.

D. State and Federal Requirements

All towers, antennas and wireless communication facilities must meet or exceed standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate them or their components. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and unless a different compliance schedule is mandated by controlling law.

E. Maintenance

Towers, antennas and wireless communication facilities shall be maintained in compliance with standards contained in applicable City building codes and the applicable health and safety standards established by the FCC, the City or other governmental bodies having jurisdiction, as amended from time to time. Towers, antennas and wireless communications facilities which are not in compliance shall be removed at the owner’s expense if not brought into compliance within 30 days after written demand by the City.

F. Signs

No signs shall be allowed on a tower or antenna, other than warning signs placed no higher than 6 feet above the base of the structure.

G. Site Development Standards

Except as provided in this section, all building and use processes and requirements, including height restrictions applicable in the applicable zone, shall apply to towers, antennas and wireless communication facilities.

H. Engineered Design

Any information of an engineering nature that the applicant submits, whether civil, mechanical, structural or electrical, shall be certified by an Arizona Licensed Professional Engineer.

I. Modifications

Any modification to an existing facility shall require the existing facility to comply with all terms of this section and all other applicable codes and ordinances.

J. Performance Criteria

The following characteristics are deemed consistent with the purposes of this section and will be afforded favorable weight in considering the application:

1. Existing structures will be preferred over new structures;

2. New structures which appear to be structures commonly found within that zone are preferred over apparent wireless structures;

3. Wireless communication facilities, which cannot be readily observed from adjacent streets, are preferred;

4. Heights that do not exceed height limitations for the underlying zoning district. Heights in excess of permitted heights in the zone may be approved by Special Use Permit pursuant to Sec. 9.9;

5. Collocation of multiple uses on a single wireless communication facility will have significant favorable weight in evaluating the application;

6. Network development plans which achieve the fewest number of wireless communication facilities of all users reasonably necessary for commercial coverage;

7. Location in the least restrictive zone;

8. Suitability of the location for collocation of governmental public service wireless communication facilities.

K. Special Submission Requirements

Each application shall be on a form provided by the City and shall be accompanied by:

1. The address of the site;

2. The Assessors Parcel Number (APN) of the site and the zoning classification of the site;

3. A map of all properties within 300 feet of the proposed site together with a mailing list of all property owners within such 300 feet and stamped envelopes pre-addressed to each such property owner;

4. A map of adjacent roadways;

5. A drawing of proposed means of access;

6. Elevation drawings of the exterior of each element of the proposed wireless communication facility;

7. A complete landscape plan;

8. The setback distance between the proposed wireless communication facility and nearest residential unit, and residentially zoned properties within 300 feet of the wireless communication facility;

9. The separation distance from other towers described in the inventory of existing sites, their type of construction and the owner’s name and address;

10. Method of fencing;

11. Coloration;

12. Materials;

13. Illumination;

14. Camouflage;

15. Certification that the applicant is licensed by the FCC to provide the service proposed and that the wireless communication facility, as represented in the application, will comply with all FAA, FCC and other applicable regulations;

16. A map of all locations owned, leased or operated by the applicant and their coverages which are located within 10 miles of the proposed site or which are capable of communication with the proposed site by wireless means;

17. A map of all collocation sites within 2 miles of the proposed site;

18. An inventory of towers, wireless communication facilities and alternative tower structures used by the applicant which are existing towers, antennas, wireless communications facilities which are facilities or for which application for approval has been submitted, and all additional sites the applicant intends to construct or utilize within 365 days following the date of the application, which are within the jurisdiction of this section or within 1 mile of the border thereof; the inventory shall include the location, height, and type of each;

19. Certification, as of the date of the application, that all wireless communication facilities within 25 miles of the proposed site which are owned, leased, or operated by any licensee who will use the proposed site, comply with all applicable FCC, FAA and other applicable regulations;

20. Certification of whether the applicant is applying for collocation treatment;

21. Certification that police, fire departments, public safety officials, water and sewer districts and local governments having jurisdiction within 5 miles of the site have been notified of the application;

22. Certification that no permitted site reasonably meets the needs of the applicant, listing all such sites within 5 miles of the proposed site and the reason each is not adequate for reasonable commercial coverage; and

23. A list of each wireless telecommunication facility with which the proposed site has the potential to interfere, including the name, address and phone number of the owner. Within 10 days following filing of the application, applicant shall file a certificate that each of the owners of facilities noted above has been given written notice of application.

L. Standards

In addition to other applicable standards of this Code, the following shall also be considered in determining whether to issue a Special Use Permit: height proposed, proximity to other uses, historic sites, landmarks, vehicle traffic routes, medical facilities, air routes, topographical features, utilities, access and suitability of alternative sites.

1. Collocation

The policy of this Code shall be to encourage collocation.

a. Preference

An applicant who certifies in writing that it will construct a tower suitable for collocating and, as a condition of zoning, or permit approval executes a written agreement (Collocation Agreement) with the City prepared by the City Attorney, consenting to application of the terms of this provision shall, unless waived by the applicant, receive preferential treatment for a final approval or rejection of its application after a complete and correct application, fee and all required documentation and information is filed.

b. Collocation Agreement

The Collocation Agreement shall provide for at least the following:

1) The applicant shall accept for collocation any FCC licensed wireless communication provider (Additional User) using any compatible technology on commercially reasonable terms considering all of the factors a reasonable tower leasing company would deem relevant in entering into such an agreement.

2) Any Additional User seeking collocation shall submit specifications for its equipment and use (Request) to the applicant and applicant shall, within 30 days thereafter, respond to such party in writing (Response) furnishing all technical requirements, which must be resolved before collocation. Copies of any such requests and responses shall be copied to the Community Development Director.

3) Applicant and the Additional User shall, thereafter in good faith, attempt to resolve any technical or business terms. If, after 30 days from the Response the Additional User believes the applicant has not negotiated in good faith, Additional User may submit in writing, a request for arbitration to applicant and the American Arbitration Association which shall designate a person knowledgeable in collocation of wireless communication carriers to act as arbitrator and decide all issues between the parties. Such arbitration shall be held within 30 days of the request for arbitration. Upon the written agreement of both parties, a different procedure for binding dispute resolution may be used. The result of the arbitration or other resolution method agreed to by the parties shall be binding and may not be appealed.

4) If the arbitrator certifies in writing to the City that the applicant has failed to comply with the decision of the arbitrator within 10 days of its issuance by the arbitrator, the use permit for the wireless communication facility in question shall be terminated and the wireless communications facility shall be removed within 30 days of the date of the arbitrators certification, failing which, the City shall have all of the remedies available to it for elimination of a use in violation of the zoning code.

5) The Additional Party, upon submitting the Request shall become a third party beneficiary to the Collocation Agreement.

6) The City shall not be a party to any contract between the applicant and the Additional Party, shall not be a required party, and shall not be made a party to any dispute or arbitration and applicant shall indemnify, defend and hold the City harmless from any cost, including reasonable attorney fees, associated with such matters.

7) A lease or other agreement containing the business terms proposed by the applicant for collocation shall be attached as an exhibit to the Collocation Agreement.

2. Setbacks

The following setback requirements shall apply to all towers for which a Special Use Permit is required; provided, however, standard setback requirements may be decreased if the goals of this Section would be better served thereby:

a. Towers must be set back from any lot line a distance equal to at least 100 percent of the height of the tower unless a greater setback is required for the particular zone.

b. Guy wires and accessory structures must satisfy the minimum zoning district setback requirements.

3. Height

Unless otherwise approved by City Council, tower height shall be limited to that established by the underlying zoning district.

4. Removal

a. Towers and antennas shall be removed, at the owner’s expense, within 180 days of the discontinuance of use unless the City extends this time in writing.

b. An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The Community Development Director may extend the time for removal or reactivation up to 60 additional days upon a showing of good cause. If the tower and antenna are not timely removed, the City may give notice that it will contract for removal within 30 days following written notice to the owner. Thereafter, the City may cause removal at the cost of the owner.

c. Upon removal of the wireless telecommunication facility, the site shall be returned to its natural state and topography and vegetated consistent with the natural surroundings.

5. Modification

No existing facility or wireless telecommunication facility may be changed or modified except as follows:

a. The change or modification is required by a change in user or technology.

b. The change does not increase the height of the tallest component above the height approved in the Special Use Permit or, in the case of an existing facility, its then current height.

c. At the conclusion of the change or modification, the facility complies with all requirements of the building department.

d. Each of the documents and certifications required for a Special Use Permit are given.

M. Telecommunications-related Definitions

Telecommunications-related terms shall have the following meanings as used in this Section:

Table 2.4.51M
TELECOMMUNICATIONS-RELATED DEFINITIONS
Term	Definition
Alternative tower structure	Vertical components not generally designed for use as antenna support structures including but not limited to structures such as church steeples, ballpark light poles and water towers.
Antenna	Any exterior devise for transmitting and receiving wireless communication and mounted on a tower, alternative tower structure, building or structure and used for transmitting and receiving wireless communication for a fee to more than one provider at one time.
Certification	A written statement of the fact to be certified made under oath by the applicant and notarized.
Collocation	Means use by 2 or more wireless communication providers located on the same tower or alternative tower structure.
Commercial Coverage	A single FCC licensee’s network of wireless communications facilities providing a level of service to all areas of the community which, when fully developed, will permit viable commercial operation.
FAA	the Federal Aviation Administration
FCC	the Federal Communications Commission
Height	The antennas and all related equipment shall be included in determining height. See Sec. L.3 for the method of measuring height.
Permanent Use	The active use of antennas for the commercial transmission and receipt of wireless communication intended at the time of its installation to be actively used for a period of not less than 3 years.
Tower	Any structure, including any supports, designed and constructed substantially for the purpose of being or supporting one or more antennas. Alternative tower structures shall be deemed a tower on the date a building permit is issued for modifications to enable its use as a tower.
Tower, Existing Facility	A tower, antennas or wireless communication facility in active use and for which a building permit has been properly issued and has not expired before the effective date of this Code.
Tower Height	The antennas and all related equipment shall be included in determining height. Refer to Sec. 2.7.3 for the definition of how height is measured.
Tower, Permanent Use	The active use of antennas for the commercial transmission and receipt of wireless communication intended at the time of its installation to be actively used for a period of not less than 3 years.
Tower Structure, Alternative	Vertical components not generally designed for use as antenna support structures including but not limited to structures such as church steeples, ballpark light poles and water towers.
Wireless Communication	Any technology for transmitting communication through the air.
Wireless Communication Facility	Any combination of one or more antennas, towers and/or structures or equipment used for the transmission of wireless communication.

2.4.50 / Townhouses (Residential Use Categories, Household Living)

All Townhouses shall be subject to the following standards:

A. Each Townhouse may be occupied by a single family or up to a maximum of 8 unrelated persons. (See Definition for “Family” in Sec. 11.2.5)

B. Where each dwelling unit is located on an individual lot, Townhouses may be permitted in RO, NOB, BG, BR, RE and SF zoning districts in accordance with the Planned Area Development (PAD) procedures of Sec. 9.5.

2.4.51 / Utility Installation and Service, Public or Private Public (Public, Civic and Institutional Use Categories; Utilities)

Utilities and utility installation and services shall be subject to the following standards:

A. City approval, per Technical Review Committee procedures of Sec. 8.5, shall be required of all buildings and structures, pertaining to water, sanitary sewer, gas, telephone, electric and other utilities.

B. Any sewage treatment involving surface discharge or land application shall require City review and approval.

C. All public and private utility installations shall comply with the Site Plan Review requirements of Sec. 9.8, and placed within public utility easements as may be required.

Sec. 2.5 / Accessory Uses and Structures

2.5.1 / Authorization

Any accessory use normally and customarily associated with a primary use, which may be permitted by right consistent with applicable provisions of this Code may be permitted. However, any accessory use customarily associated with a primary use permitted only by Conditional Use or Special Use Permit, must meet all conditional use or special use requirements. The establishment of such accessory uses shall be consistent with applicable design and performance standards set forth in this Code.

2.5.2 / General

All accessory structures and uses shall comply with the following standards in addition to applicable standards specified in Sec. 2.7.3, Measurements, Computations and Exceptions.

A. No accessory structure or use shall be constructed or established on any lot prior to the issuance of a building permit for the principal structure or an occupancy permit for a principal use to which it is accessory. This provision shall not prohibit the issuance of a permit for a detached garage and/or guest quarters at the time of issuance of a building permit for a principal dwelling unit on the subject parcel.

B. For residential uses within residential zoning districts, accessory uses and structures must be subordinate to the principal use and structure on the subject lot in terms of area, extent and purpose. The total gross floor area of all accessory structures on a lot shall not exceed 600 sq. feet or 50 percent of the total gross floor area of the principal structure on the lot, whichever is greater. The provisions of this paragraph shall not apply to agricultural or commercial/industrial uses.

C. Unless otherwise expressly stated, accessory structures and uses shall comply with all applicable regulations of this Code, including the maximum lot coverage, height and setback regulations. No accessory use or structure shall cause any of these standards to be exceeded for the underlying zoning district.

D. Shipping crates, railroad cars, truck or bus bodies and other similar containers shall not be used as accessory buildings in any non-industrial district.

E. No more than 3 accessory buildings shall be located on a single parcel in a residential zoning district. There shall be no limit on the number accessory buildings that may be located on a parcel in a nonresidential zoning district. The provisions of this paragraph shall not apply to agricultural uses.

F. An accessory structure may be attached or detached from the principal building. An accessory structure shall be considered “attached” to the principal building when a roof or wall member built to the standards of the principal building adjoins the 2 otherwise detached buildings or structures.

2.5.3 / Babysitting

Babysitting provided for up to 4 persons is considered a home occupation, accessory to a dwelling unit (principal use).

2.5.4 / Flagpoles

Flagpoles are permitted in all zoning districts subject to the height and setback requirements of Sec. 2.7, Density and Dimensional Standards.

2.5.5 / Garage/Yard Sales

Garage and/or yard sales shall be permitted under-roof and outdoors as an infrequent accessory use to the principal use. Durations may occur for a maximum of 2 days at a time and no more than 3 times per year. Goods sold shall be used goods only. No new merchandise is permitted for sale unless permitted as a Temporary Open Air Sales.

2.5.6 / Guest Quarters

Guest quarters may be attached or detached from the principal single-family dwelling unit and shall be considered accessory use to such a dwelling unit (principal use). All guest quarters shall be subject to the following standards:

A. Guest quarters may be attached or detached from the principal single-family dwelling.

B. Guest quarters shall be subject to the size limitations of Sec. 2.5.2B.

C. Guest quarters may be utilized by guests and persons employed on site by the resident family of the principal dwelling, and may not be rented separately from the principal dwelling unit.

D. Detached guest quarters shall meet all development standards generally applicable to accessory buildings or structures, including minimum building setbacks and building height.

E. Guest Quarters and the primary residence shall share utilities. Separate utility meters shall not be allowed.

F. Guest Quarters include a kitchen. However, such quarters shall not be utilized as separate rental units.

G. One off-street parking space shall be required for each guest quarters, in addition to that required for the primary dwelling unit. The additional required parking space shall be located on the same lot as the primary dwelling unit. Tandem parking shall be allowed.

H. Where 2 complete dwelling units are attached to each other on the same lot, they shall be considered a Duplex, without consideration to the relative size of each attached unit. A Duplex shall meet all development standards for the district, including minimum building setbacks and limitations on overall density.

2.5.7 / Home Occupations

A home occupation shall be deemed an accessory use to a residential dwelling and shall be subject to the following standards:

A. The occupation is clearly incidental and secondary to the principal use of the residence;

B. The use is conducted only by persons residing on the premises, and nonresident employees are not permitted;

C. All activities related to the home occupation shall be conducted entirely within the dwelling or accessory structures;

D. There shall be no outside storage of any kind related to the home occupation;

E. The occupation does not involve changes in the exterior appearance of any structure or necessitate equipment, other than that related to the primary residential use;

F. The occupation is not disruptive of the residential character of the neighborhood;

G. There shall be no advertising of the home occupation on the site or structures;

H. The occupation shall not create any disturbing or offensive activity, noise, vibration, smoke, dust, odor, heat, glare, or other unhealthy or unsightly condition;

I. The occupation shall not create a traffic or parking problem; and

J. The occupation does not involve retail sales on the premises.

2.5.8 / Professional Practice

A professional practice shall be deemed an accessory use to a residential dwelling. In addition to the off-street parking otherwise required by Sec. 6.2.3, Off-street Parking Requirements, additional off-street parking may be required for a professional practice as necessary to mitigate neighborhood impacts.

2.5.9 / Recreational Vehicle (RV), Motor homes and Similar Storage

On-site storage of recreational vehicles, motor homes, utility trailers, camp trailers, boats and similar equipment owned by the occupants of the principal residence for more than 72 consecutive hours in any 7-day period shall be deemed accessory to a residential dwelling, subject to the following requirements:

A. Such equipment may only be stored in a side or rear yard, and not in the required front yard;

B. Such equipment shall be stored so as to maintain a minimum 3 foot clearance on at least one side for emergency access; and

C. Setback adjustments may be approved in accordance with the provisions of Sec. 2.7.3D.7, Setback Adjustments.

These provisions shall not be construed to permit storage of construction vehicles and equipment in a residential zoning district. RV storage on individual residential properties is further subject to the provisions of Sec. 6.2.4B, Use of Off-Street Parking Areas, Residential.

2.5.10 / Satellite Receivers, Ham Radio Towers, and Antennas, Ground Mounted

Ground-mounted satellite reception equipment, ham radio towers, and antennas are accessory uses allowed in all use categories except within the SPC, RS and NOS zone districts. (See also Sec. 2.4.51, Telecommunications Facilities). All such facilities shall be subject to the height restrictions and setback requirements of the applicable zoning district, as modified by Sec. 2.7.3, Measurements Computations and Exceptions.

2.5.11 / Solar Collection and Wind Power Generation Equipment, Roof Mounted

Roof-mounted solar collection, wind power generation equipment, chimneys, cooling towers and the like are accessory uses allowed in all districts, except within the SPC, RS and NOS zone districts, subject to the following standards:

A. Such equipment shall be subject to the height restrictions and setback requirements of the applicable zoning district, as modified by Sec. 2.7.3, Measurements Computations and Exceptions;

B. Wind-generating equipment shall require a Conditional Use Permit.

C. In no case shall such devices deprive any adjacent land owner or tenant of direct sunlight or breezes; and

D. In no case shall such devices create nuisance noise, vibration, smoke, dust, odor, heat, or glare affecting the adjacent landowner(s).

2.5.12 / Stables, Barns and Corrals, Private

Private stables shall be subject to the following standards or those of the Prescott City Code, Title V, Chapter 3, Animals and Fowl, whichever is more restrictive:

A. Minimum Setbacks:

1. Feed and Bedding: 50 feet

2. Stables, Barns and Corrals:

a. Residential Districts: 100 feet

b. Other Districts and ROWs: 30 feet

Provided, however, that Stables or Barns not housing animals shall be subject to the underlining zone district setbacks and pastures may extend to the lot line.

B. On parcels of less than 4 acres, all feed and bedding shall be stored indoors.

C. Additional regulations relative to animals and fowl may be required per Prescott City Code, Sec. 5-3-1.

2.5.13 / Mobile Food Vendors

A two- or four-wheeled vehicle designed to carry foods and permitted by the County’s Health Department. Such vehicles shall not be self-propelled. The dimensions of such vehicles shall not exceed 8 feet by 5 feet for a total of 40 square feet of footprint. Umbrellas shall not be greater than six feet in diameter. All mobile food vendors are subject to the following standards:

A. Mobile Food Vendors are only allowed to operate on private property of an existing operating business.

B. Mobile Food Vendors must either be located adjacent to the principal structure or within the confines of the parking lot of the existing business.

C. Mobile Food Vendors shall require a Conditional Use Permit according to Sec. 9.3 / Conditional Use Permits with the exception of those Mobile Food Vendors operating within those Zoning Districts identified as a permitted use in Table 2.3 / Permitted Use Table.

D. Mobile Food Vendors shall not operate within the public right-of-way.

E. Mobile Food Vendors shall not encroach into any parking spaces required by the existing business and shall not impede vehicular circulation within the parking area of that business.

F. Mobile Food Vendors signs shall be an integral part of the vending cart with lettering not exceeding ten inches in height. Only the name of the vendor or the vending company, the products offered, and the price of the products shall be included on the sign.

G. Mobile Food Vendors signs shall not be internally illuminated or make use of flashing or intermittent lighting, animation, or noisemaking devices. Graphic illustrations shall display only the products being offered.

H. Mobile Food Vendors shall keep the area within 15 feet of the location of the vending cart free from all litter and debris resulting from the operation.

I. Mobile Food Vendors shall maintain a clearly-marked trash container near their cart for litter. Use of public trash receptacles for this purpose is prohibited.

J. Mobile Food Vendors shall not sell to vehicular traffic at any location.

Sec. 2.6 / Temporary Uses

2.6.1 / General Regulations

The following general regulations shall apply to all temporary uses.

A. Permanent changes to the site are prohibited, including tree removal.

B. These regulations do not exempt any operator from any other required permits.

C. Access approval from the highway authority with jurisdiction over the subject road shall be required.

D. No permanent or temporary electrical connection shall be installed without an electrical permit and inspection.

E. A building permit and inspection shall be obtained prior to the construction of any temporary structures.

F. Temporary structures shall be located at least 4 feet from any buildings or structures on the subject property.

G. The Community Development Director may require evidence of approval from the appropriate health inspector regarding temporary sanitary facilities.

H. No signs in connection with a temporary use shall be permitted except in accordance with the provisions of Sec. 9.7, Sign Permits. All temporary signage shall be removed immediately upon cessation of the temporary use.

I. Temporary uses or structures shall not encroach into any required landscaping.

J. Parking areas shall be provided for the temporary use (in addition to required parking for any principal use existing or proposed on the site), and such areas shall be capable of accommodating the number of parking spaces that are required for the most similar use type pursuant to Sec. 11.1.2, Similar Use Interpretations.

K. Requests for modification or waivers from any of the time limits of this section shall require review and approval in accordance with the procedures of Sec. 9.10.13, Waivers.

L. The Community Development Director may suspend, revoke or modify a temporary use permit immediately upon determination that the conditions and requirements set forth in the permit have been violated. Written notice of the Community Development Director’s determination to suspend, revoke or modify the permit shall be promptly provided to the applicant. A determination under this subsection shall be final and conclusive unless the applicant takes an appeal to the Board of Adjustment, by filing a notice of appeal with the Community Development Director within 10 calendar days from the date of determination by the Community Development Director.

M. The Community Development Director may deny Temporary Use Permits to any person who owns, applied for or otherwise caused an uncorrected violation of a provision of this Code or who has demonstrated a history of violations, including any condition attached to a permit or approval previously granted by the City. This provision shall apply regardless of whether the property for which the permit or other approval is sought is the property in violation.

N. The Community Development Director may deny Temporary Use Permits on any land or structure or improvements thereon where there is an uncorrected violation of a provision of this Code, including any condition attached to a permit or approval previously granted by the City. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.

O. The main road from which access is taken shall always be kept free of dust, dirt, mud and other debris.

P. Temporary outdoor lighting shall be subject to provisions of Sec. 6.11.3B.

2.6.2 / Temporary Use Permit Required

No temporary use shall be established unless a Temporary Use Permit evidencing compliance with the provisions of this Section and other applicable provisions of this Code has been issued by the Community Development Director or Special Events Committee, as appropriate. The Community Development Director may impose conditions in accordance the requirements of this Article and those Sec. 9.11, Temporary Use Permits.

2.6.3 / Applications

Applications for Temporary Use Permits shall be submitted to the Community Development Department on forms available in the Community Development Department. Applications shall be submitted at least 30 days before the date of the event or start of the temporary use. Each application shall be accompanied by:

A. Site plan, drawn to scale, showing the location of structures, improvements, parking areas and other features that exist or are proposed on the site;

B. Statement of maximum period of time;

C. Signed, written permission from the owner of or the agency having jurisdiction over the subject property; and

D. Application fee as established by the City.

2.6.4 / Bulk Containers, Temporary

Use of bulk containers for storage of goods onsite may be permitted for limited periods of time within specified commercial districts, as approved by the Community Development Director. Display and sale of bulk containers, whether permanent or temporary, shall be permitted only in the industrial districts.

2.6.5 / Carnivals, Circuses or Special Events, Temporary

A. Minimum Setback: 200 feet

B. The above minimum setback shall apply to all equipment, from any off-site building used for residential purposes.

C. The maximum length of the permit shall be 10 days.

D. Such uses proposed on City property or right-of-way shall be subject to the approval of the Special Events Committee.

2.6.6 / Construction/Storage Offices, Temporary

A temporary contractor’s construction/storage offices (or trailer) may be approved by the Community Development Director in conjunction with any approved development project for which a building permit has been issued. Such office (or trailer) must be located on the same site as the permitted project, and must be removed prior to issuance of a final certificate of occupancy for the project.

2.6.7 / Open Air Sales, Temporary

Temporary open-air retail sales as may be approved by the Community Development Director may include seasonal sales of items such as Christmas trees and pumpkins, swap meets, farmers’ market, and seasonal seafood, nursery stock or produce sales, are permitted in certain districts according to Sec. 2.3, Use Table, provided that the sales activity does not last longer than 120 days and all other applicable codes, including sanitation and electrical codes, are met. Such sales within public rights-of-way may be permitted pursuant to the Prescott City Code, Title VIII, Chapter 2, upon written approval of the City Manager.

2.6.8 / Land (Real Estate) Sales/Leasing Offices, Temporary

A temporary sales or leasing office is permitted, provided, that it is located in a model unit for residential projects, or on-site for commercial projects.

2.6.9 / Shelter, Temporary

When fire or natural disaster has rendered a residence unfit for human habitation, the temporary use of a single mobile home, manufactured home or recreational vehicle located on the parcel during rehabilitation of the original residence or construction of a new residence is permitted subject to the following additional regulations:

A. Required water and sanitary facilities must be provided.

B. The maximum length of a permit shall be 9 months, but the Community Development Director may extend the permit for a period or periods not to exceed 90 days provided reasonable construction progress has been made and such construction is being diligently pursued. Application for the extension shall be made at least 10 days prior to expiration of the original permit.

C. The temporary shelter shall be removed from the property upon completion of final inspection for the new or rehabilitated residence. The applicant shall be required to provide express consent and authorization to the City of Prescott to remove the shelter at the owner’s expense upon termination of the permit, if the applicant has not done so voluntarily.

Sec. 2.7 / Density and Dimensional Standards

2.7.1 / Residential Base Zoning District Density and Dimensional Schedule

All residential base district development, including all principal and accessory uses (e.g., garages, storage sheds, flagpoles, TV and radio antennas), shall be subject to the density and dimensional standards of this section. The standards shown in the following table may be modified by additional provisions contained in this section or in the individual zoning districts. In the event of a conflict between the text of Article 3 or Article 4 and the standards of this section, the text provisions of Table 2.7.1 shall control.

Table 2.7.1
RESIDENTIAL BASE DISTRICT DENSITY AND DIMENSIONAL SCHEDULE
		RE-2	SF-35	SF-18	SF-12	SF-9	SF-6	RT	MF-M	MF-H	SPC ¹
Single-Family Dwellings
Max Density (units/acre) via PAD (See Sec.9.5)		0.5	1.1	2.2	3.3	4.4	6.6	12.0	21.0	32.0	--
Min Lot Area/Unit (sf)		87120	35000	18000	12000	9000	6000	7500	6000	6000	--
Min Lot Width/Lot (ft)		200	150	100	75	60	50	50	50	50	--
Minimum Setbacks (ft)	Front	35	30	25	25	25	20	20	20	20	--
	Side	35	12	9	9	7	7	7	7	7	--
	Rear	35	30	25	25	25	20	20	20	20	--
	Corner	35	20	15	15	15	10	10	10	10	--
Max Building Height (ft)		35	35	35	35	35	35	35	35	35	--
Max Lot Coverage (%)		20%	30%	35%	35%	40%	50%	50%	40%	50%	--
Duplex Dwellings
Max Density units/acre) via PAD (See Sec. 9.5)		--	--	--	--	--	--	12.0	21.0	32.0	--
Min Lot Area/Lot (sf)		--	--	--	--	--	--	7500	6000	6000	--
Min Lot Area/Unit (sf)		--	--	--	--	--	--	3750	3000	3000	--
Min Lot Width/Lot (ft)		--	--	--	--	--	--	50	50	40	--
Minimum Setbacks (ft)	Front	--	--	--	--	--	--	20	20	20	--
	Side	--	--	--	--	--	--	7	7	7	--
	Rear	--	--	--	--	--	--	20	20	20	--
	Corner	--	--	--	--	--	--	10	10	10	--
Max Building Height (ft)		--	--	--	--	--	--	35	35	40	--
Max Lot Coverage (%)		--	--	--	--	--	--	50%	40%	50%	--
Patio Homes and Townhouses²
Max Density (units/acre) via PAD (See Sec. 9.5)		0.5	1.1	2.2	3.3	4.4	6.6	12.0	21.0	32.0	--
Min Lot Area/Unit (sf)		PAD	PAD	PAD	PAD	PAD	PAD	3750	3000	3000	--
Min Lot Width/Lot (ft)		PAD	PAD	PAD	PAD	PAD	PAD	25	30	30	--
Minimum Setbacks (ft)	Front	PAD	PAD	PAD	PAD	PAD	PAD	20	20	20	--
	Side	PAD	PAD	PAD	PAD	PAD	PAD	7	7	7	--
	Rear	PAD	PAD	PAD	PAD	PAD	PAD	20	20	20	--
	Corner	PAD	PAD	PAD	PAD	PAD	PAD	10	10	10	--
Max Building Height (ft)		PAD	PAD	PAD	PAD	PAD	PAD	35	35	40	--
Max Lot Coverage (%)		PAD	PAD	PAD	PAD	PAD	PAD	50%	40%	50%	--
Multi-Family Dwellings
Max Density (units/acre) via PAD (See. Sec. 9.5)		--	0	--	--	--	--	12.0	21.0	32.0	--
Minimum Lot Area/ 3 units (sf)		--	--	--	--	--	--	12000	7500	7500	--
Min Lot Area/Each Additional Unit (sf)		--	--	--	--	--	--	3600	2200	1400	--
Min Lot Width/Lot (ft)		--	--	--	--	--	--	50	50	50	--
Minimum Setbacks (ft)	Front	--	--	--	--	--	--	20	20	20	--
	Side	--	--	--	--	--	--	7	7	7	--
	Rear	--	--	--	--	--	--	20	20	20	--
	Corner	--	--	--	--	--	--	10	10	10	--
Max Building Height (ft)		--	--	--	--	--	--	35	35	40	--
Max Lot Coverage (%)		--	--	--	--	--	--	50%	50%	50%	--
Nonresidential Uses
Max Density units/acre) via PAD (See Sec. 9.5)		--	--	--	--	--	--	--	--	--	--
Min Lot Area (sf)		87120	35000	18000	12000	9000	6000	7500	6000	6000	--
Min Lot Width/Lot (ft)		200	150	100	75	60	50	50	50	50	--
Minimum Setbacks (ft)	Front	35	30	25	25	25	20	20	20	20	--
	Side	35	10	9	9	7	7	7	7	7	--
	Rear	35	30	25	25	25	20	20	20	20	--
	Corner	35	20	15	15	15	10	10	10	10	--
Max Building Height (ft)		35	35	35	35	35	35	35	35	40	--
Max Lot Coverage (%)		20%	35%	35%	35%	40%	50%	50%	40%	50%	--

Density and Dimensional Standards, as well as land uses, shall be as determined by City Council as part of an SPC Master Plan and Final Plats approved in accordance with the requirements of Sec. 4.13.

Patio homes and Townhouses in the RE and SF districts may be permitted in accordance with the Planned Area Development (PAD) procedures of Sec. 9.5. Density and Dimensional Standards for such uses are established as part of the PAD process.

2.7.2 / Nonresidential Base Zoning District Density and Dimensional Schedule

All nonresidential base district development, including all principal and accessory uses (e.g., garages, storage sheds, flagpoles, TV and radio antennas), shall be subject to the density and dimensional standards of this Section. The standards shown in the following table may be modified by additional provisions contained in this section or in the individual zoning districts. In the event of a conflict between the text of Article 3 or Article 4 and the standards of this section, the text provisions of Table 2.7.2 shall control.

Table 2.7.2
NONRESIDENTIAL BASE DISTRICT DENSITY AND DIMENSIONAL SCHEDULE
		NOS	RS	MU	RO	NOB	BG	BR	DTB	IT	IL	IG
Single-Family Dwellings
Max Density (units/acre) via PAD (See Sec. 9.5)		--	--	10.0	10.0	14.0	32.0	32.0	58	--	--	--
Min Lot Area/Unit (sf)		--	--	7500	9000	10000	6000	6000	6000	--	--	--
Min Lot Width/Lot (ft)		--	--	50	50	50	50	50	50	--	--	--
Minimum Setbacks (ft)	Front	--	--	15	15	15	15	15	15	--	--	--
	Side	--	--	7	7	7	5-12¹	5-121	7	--	--	--
	Rear	--	--	10	10	10	10	10	10	--	--	--
	Corner	--	--	10	10	10	8	8	10	--	--	--
Max Building Height (ft)		--	--	35	25	35	50	50²	35	--	--	--
Max Lot Coverage (%)		--	--	40%	40%	50%	60%	60%	40%	--	--	--

10% of lot width, not less than 5 feet or more than 12 feet.

Up to 100' by Special Use Permit (SUP) (See Sec. 4.8.4A)

Table 2.7.2 (Continued)
NONRESIDENTIAL BASE DISTRICT DENSITY AND DIMENSIONAL SCHEDULE
		NOS	RS	MU	RO	NOB	BG	BR	DTB	IT	IL	IG
Duplex Dwellings
Max Density (units/acre) via PAD (See Sec. 9.5)		--	--	10.0	10.0	14.0	32.0	32.0	58	--	--	--
Min Lot Area (sf)		--	--	7500	9000	10000	6000	6000	6000	--	--	--
Min Lot Area/Unit (sf)		--	--	3750	4500	5000	3000	3000	3000	--	--	--
Min Lot Width/Lot (ft)		--	--	50	50	50	50	50	50	--	--	--
Minimum Setbacks (ft)	Front	--	--	15	15	15	15	15	15	--	--	--
	Side	--	--	7	7	7	5-12¹	5-121	7	--	--	--
	Rear	--	--	10	10	10	10	10	10	--	--	--
	Corner	--	--	10	10	10	8	8	10	--	--	--
Max Building Height (ft)		--	--	35	25	35	50	50²	35	--	--	--
Max Lot Coverage (%)		--	--	40%	40%	50%	60%	60%	40%	--	--	--

10% of lot width, not less than 5 feet or more than 12 feet.

Up to 100' by Special Use Permit (SUP) (See Sec. 4.8.4A)

Table 2.7.2 (Continued)
NONRESIDENTIAL BASE DISTRICT DENSITY AND DIMENSIONAL SCHEDULE
		NOS	RS	MU	RO	NOB	BG	BR	DTB	IT	IL	IG
Patio Homes and Townhouses¹
Max Density (units/acre) via PAD (See Sec. 9.5)		--	--	10.0	10.0	14.0	32.0	32.0	--	--	--	--
Min Lot Area/Unit (sf)		--	--	PAD	PAD	PAD	PAD	PAD	--	--	--	--
Min Lot Width/Lot (ft)		--	--	PAD	PAD	PAD	PAD	PAD	--	--	--	--
Minimum Setbacks (ft)	Front	--	--	PAD	PAD	PAD	PAD	PAD	--	--	--	--
	Side	--	--	PAD	PAD	PAD	PAD	PAD	--	--	--	--
	Rear	--	--	PAD	PAD	PAD	PAD	PAD	--	--	--	--
	Corner	--	--	PAD	PAD	PAD	PAD	PAD	--	--	--	--
Max Building Height (ft)		--	--	PAD	PAD	PAD	PAD	PAD	--	--	--	--
Max Lot Coverage (%)		--	--	PAD	PAD	PAD	PAD	PAD	--	--	--	--

Patio homes and Townhouses in the MU, RO, NOB, BG and BR districts may be permitted in accordance with the Planned Area Development (PAD) procedures of Sec. 9.5. Density and Dimensional Standards for such uses are established as part of the PAD process.

Table 2.7.2 (Continued)
NONRESIDENTIAL BASE DISTRICT DENSITY AND DIMENSIONAL SCHEDULE
		NOS	RS	MU	RO	NOB	BG	BR	DTB	IT	IL	IG
Multi-Family Dwellings
Max Density (units/acre) via PAD (See Sec. 9.5)		--	--	10.0	10.0	14.0	32.0	32.0	--	14.0	--	--
Min Lot Area/ 3 Units (sf)		--	--	7500	13500	10000	6000	6000	7500	7500	--	--
Min Lot Area/Unit (sf)	4th Unit	--	--	5000	4500	3050	1500	1500	1200¹	3600
Min Lot Area/Unit (sf)	Each Additional Unit	--	--	5000	4500	3050	1400	1400	12001	3600	--	--
Min Lot Width/Lot (ft)		--	--	50	50	50	50	50	50	50	--	--
Minimum Setbacks (ft)	Front	--	--	15	15	15	15	15	0	20	--	--
	Side	--	--	7	7	7	5-12	5-12	0	7	--	--
	Rear	--	--	10	10	10	10	10	0	20	--	--
	Corner	--	--	10	10	10	8	8	0	10	--	--
Max Building Height (ft)		--	--	35	25	35	50	50²	50³	40	--	--
Max Lot Coverage (%)		--	--	40%	40%	50%	60%	60%	--	--	--	--

Additional multi-family density may be allowed in the DTB district subject to the provisions contained in Sec. 4.9.3B.5.

Up to 100' by Special Use Permit (SUP) (See Sec. 4.8.4A)

Up to 100' by Special Use Permit (SUP) (See Sec. 4.9.4E)

Table 2.7.2 (Continued)
NONRESIDENTIAL BASE DISTRICT DENSITY AND DIMENSIONAL SCHEDULE
		NOS	RS	MU	RO	NOB	BG	BR	DTB	IT	IL	IG
Nonresidential Uses
Max Density (units/acre) via PAD (See Sec. 9.5)		--	--	--	--	--	--	--	--	--	--	--
Min Lot Area (sf)		--	--	7500	9000	10000	--	--	--	--	--	--
Min Lot Width/Lot (ft)		--	--	50	50	50	--	--	--	--	--	--
Minimum Setbacks (ft)	Front	--	50	15	15	15	10	10	0	20	10	25
	Side	--	50	7	7	7	0-7¹	0-71	0	7	7	15
	Rear	--	50	10	10	10	10	10	0	20	10	25
	Corner	--	50	10	10	10	8	8	0	10	10	15
Max Building Height (ft)		--	35	35	25	35	50	50²	50³	40	50	50⁴
Max Lot Coverage (%)		--	--	40%	40%	50%	--	--	--	--	--	--

Attached uses and structures: 0 feet

Detached uses and structures: 7 feet

Up to 100' by Special Use Permit (SUP) (See Sec. 4.8.4A)

Up to 100' by Special Use Permit (SUP) (See Sec. 4.9.4E)

Up to 100' by Special Use Permit (SUP) (See Sec. 4.12.4A)

2.7.3 / Measurements, Computations and Exceptions

A. Minimum Lot (or Tract) Area

Residential uses shall comply with the minimum lot area contained in the zoning districts of Article 3 and summarized in the Residential Base District Density and Dimensional Schedule, as may be modified by additional provisions in the zoning districts, in this subsection or elsewhere in this Code. (See also Nonconforming Lots of Record, Sec. 10.4)

1. Measurement

The area of a lot shall include the total horizontal surface area within the lot’s boundaries, not including public or private rights-of-way.

2. Multiple Zoning Districts

If a lot includes different zoning districts, the minimum lot area and density requirements per each applicable zoning district shall apply for that specific portion of the lot. (See also Sec. 9.5.11, Planned Area Development)

B. Minimum Lot Width

Lots used for residential uses shall comply with the minimum lot width standards contained in the zoning districts of Articles 3, and summarized in the Residential Base District Density and Dimensional Schedule, as may be modified by additional provisions in the zoning districts, in this subsection or elsewhere in this Code.

1. Measurement

Minimum lot width shall be measured between side lot lines along a line that is parallel to the front setback line or its chord. Measurements of lot width shall be made at the required Front Setback line [Refer to Table 11.2.5 (General Terms)-Lot Width. When a lot has more than one front setback line, lot width shall be measured along the front setback line with the narrower width. In all cases, the width between side lot lines at their intersection with front setback lines shall be at least 25 feet].

C. Maximum Density

Lots used for residential uses shall comply with the maximum density (units/acre) standards contained in the zoning districts of Article 3, and summarized in the Residential Base Zoning District Density and Dimensional Schedule, as may be modified by additional provisions in the zoning districts, in this subsection or elsewhere in this Code.

1. Non-PAD Development (Traditional Development)

a. Measurement

Maximum density refers to the maximum number of dwelling units allowed per acre of site area, after subtracting public and private rights-of-way from the gross site area.

b. Calculation

To calculate the number of dwelling units allowed on a parcel, first subtract from the gross site area the total area of all public and private rights-of-way, and then divide the resulting figure by the minimum lot area standard of the zoning district. Where there are special flood hazard zones, wetlands and water bodies located on individual lots, the City may require that larger lot sizes to achieve adequate building and yard areas.

Maximum Density = (Gross Site Area) - (Rights-of-way) ÷ (Minimum Lot Area/ Unit)

2. PAD Development

a. Measurement

Maximum density in a PAD refers to the maximum number of dwelling units allowed per the gross site area, subject to the Maximum Density via PAD requirements of Sec. 9.5.11, Density Transfers and Maximum PAD Density.

b. Calculation

To calculate the number of dwelling units allowed on a parcel via PAD, simply multiply the gross site area by the Maximum Residential Density via PAD (Density Factor) of Sec. 9.5.11, Density Transfers and Maximum PAD Density for the zoning district.

Maximum Density = (Gross Site Area) x (Density Factor)

3. Rounding

When density calculations result in fractions, fractions shall in all cases be rounded down to the next lowest whole number.

D. Minimum Setbacks

The location of buildings shall comply with the minimum setback standards contained in the zoning districts of Articles 3 or 4, and summarized in the Residential and the Nonresidential Base District Density and Dimensional Schedules, as may be modified by additional provisions in the zoning districts, in this subsection or elsewhere in this Code.

1. Measurements

Setbacks refer to the minimum unobstructed, unoccupied open area between the furthermost wall or wall edge of an allowed structure and the property line of the lot on which the structure is located. Setbacks shall be unobstructed from the ground to the sky except as specified in this section.

2. Front Setbacks

Front Setbacks shall extend the full width of a lot and shall be measured from the Front Lot Line.

a. Corner Lots

For lots with frontage on 2 or more intersecting streets, the applicant may choose the Front Lot Line from which the front setback is measured.

b. Flag Lots

For flag lots (Refer to Sec. 7.4.5B.4) the flagpole or panhandle shall not be considered part of the Front Lot Line, rather the Front Lot Line shall be the lot line that is closest to and most closely parallel to the access street.

c. Double-Frontage Lots

For double frontage lots, each parallel lot line separating the lot from a street shall be considered to be a front lot line.

3. Side Setbacks

Side setbacks shall be measured from the side lot line to the nearest wall.

a. Townhouses and Nonresidential Uses

Side setbacks for attached nonresidential uses and townhouses on individual lots may be reduced to 0 feet as necessary to accommodate such attached structures; provided, however, that adjacent to perimeter project property lines minimum setbacks shall apply.

4. Rear Setbacks

Rear Setbacks shall extend the full width of the lot and be measured from the rear lot line.

a. Corner Lots

If a corner lot has more than 4 sides, the yards along the interior lot lines that do not intersect a street line shall be considered rear yards.

b. Triangular Lots

In the case of a triangular or irregular lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from, the front lot line shall be considered to be the rear lot line.

5. Accessory Structures Setbacks

Notwithstanding other provisions to the contrary, minimum setbacks from all lot lines (front, side and rear) for detached accessory structures in accordance with the requirements of the underlying zoning district, excepted as modified below:

a. Garages

Where a garage door opens onto an alley, the minimum setback shall be 6 feet from the alley. Otherwise, the minimum setback shall be 4 feet.

b. Flagpoles

Flagpoles shall have minimum setbacks as follows:

1) Residential Districts: 20 feet or the height of the flagpole, whichever is less

2) Nonresidential Districts: 20 feet or the height of the flagpole, whichever is less.

c. TV and Ham Radio Antennas

TV and ham radio antennas shall have minimum setbacks equal to the height of the antenna.

d. Satellite Dishes

Satellite dishes shall have minimum setbacks equal to the height of the dish and attached base.

e. Gazebos

Gazebos shall have a minimum front setbacks of 10 feet, minimum rear setbacks of 4 feet and minimum side setbacks as required by the underlying base district.

6. Swimming Pools and Other Contained Bodies of Water

Refer to Section 2.4.50.

7. Setback Adjustments

a. Administrative Adjustments

A maximum 10% reduction of the minimum setback requirements may be granted in accordance with the requirements of Sec. 9.16, Administrative Adjustment.

b. Topographic Exceptions

In addition, a maximum reduction of 10 feet from the otherwise applicable front or rear setback may be granted where the average slope of the lot is 20% or greater.

8. Projections/Encroachments

The following features may project into required setbacks to the extent indicated.

a. Architectural features, such as, but not limited to, cornices, cantilevered bay windows and building overhangs, chimneys, eaves, stoops and gutters, may project no more than 3 feet into the required Front and Rear Setbacks, and 2 feet into the required Side Setback.

b. Structural or mechanical devices added to structures existing as of the effective date of this Code [December 31, 2004] to make such structures accessible to physically disadvantaged persons may encroach into required setbacks and buffers.

c. Uncovered porches and decks may encroach into the required rear yard for a distance of not more than 50 percent of the required setback and for a length not greater than 50 percent of the required lot width.

9. Major Street Setbacks

Notwithstanding other provisions to the contrary, the minimum setback along the following arterial and collector street rights-of-way shall be in accordance with the requirements below, Where other standards of this Code specify more restrictive setbacks, the more restrictive shall apply, except with the placement of freestanding signs, the provisions of Table 6.12.5A (Freestanding Sign Standards), shall control; provided, however, that the setbacks for freestanding signs do not conflict with the City’s sight visibility triangle provisions contained in Sec. 6.3.10. If such conflicts should arise, the provisions of Sec. 6.3.10 shall control.

Table 2.7.3D.9
ARTERIAL AND COLLECTOR SETBACKS
STREETS	APPLICABLE STREET SEGMENTS	MINIMUM SETBACK
Blooming Hills Drive	All	25 ft
Commerce Drive	All	25 ft
Copper Basin Road	All	25 ft
Downer Trail	All	25 ft
Grove Ave	North of Sheldon Street	25 ft
Gurley Street	Outside of Downtown Business District	25 ft
Iron Springs Road	North of Gail Gardner Way	25 ft
Miller Valley Road	All	25 ft
Montezuma Street	Outside of Downtown Business District	25 ft
Mount Vernon Ave (South)	All	25 ft
Rosser Street	All	25 ft
Ruth Street	All	25 ft
Senator Highway	All	25 ft
Sheldon Street	Outside of Downtown Business District	25 ft
Sierry Peaks Drive	All	25 ft
Smoke Tree Lane	All	25 ft
Sixth Street	All	25 ft
Thumb Butte Road	Josephine Street to Plaza Drive	25 ft
State Route 69	All	35 ft
SR 89	All	35 ft
Old SR Hwy 89A	All	35 ft
Whipple / Montezuma	All	25 ft
White Spar Road	All	25 ft
Williamson Valley Road	All	35 ft
Willow Creek Road	All	25 ft
Willow Lake Road	All	25 ft
Prescott Lakes Parkway	South of SR 89	35 ft
Prescott Lakes Parkway	North of SR 89	25 ft

E. Maximum Height

The height of buildings and structures shall comply with the maximum height standards contained in the zoning districts of Articles 3 or 4, and summarized in the Residential and Nonresidential Area Regulations Schedules, as may be modified by additional provisions in the zoning districts, in this subsection or elsewhere in this Code.

1. Measurement

a. Maximum building/structure height shall be measured as the vertical distance (vertical envelope) from the base of the wall plane adjoining natural grade to the highest point in a vertical plumb line (See illustration at right. The vertical envelope thus created runs parallel to the natural slope of the land and shall be limited to the district’s stated maximum building/structure height. All roofs and overhangs shall be within the established vertical envelope.

b. For single-family residential uses, no exterior wall plane shall have a height of more than 26 feet as measured from the natural grade along the wall vertically to:

1) Top plate of the wall where it meets the roof framing member;

2) Gable ends to the horizontal baseline formed by connecting the points where the top plate of the wall meets the roof framing member;

3) Top of a railing on an open deck; and

4) Top of a parapet.

This applies to all exterior wall planes. An exterior wall plane shall extend a minimum distance of 5 feet outward from an adjoining wall plane (see illustration, above). Piers, columns, and retaining walls supporting the building structure shall be considered exterior wall planes.

c. The height of fences, walls and required screening devices shall be measured as the vertical distance between finished grade on the highest side of the fence or wall to the top of the fence or wall.

2. Mass-graded Sites

In approved mass-graded developments, and for commercial and multi-family pads, the finished grade rather than natural grade as required in Sec. 2.7.3E.1, above, shall be the baseline from which building height is measured. Individual residential lots altered outside of an approved project-wide grading plan shall be held to a building height measurement taken from pre-disturbed natural grade per the illustration above.

3. Principal Structures -- Exceptions to Maximum Height

Notwithstanding other provisions to the contrary, maximum height of principal structures and any attached appurtenances thereof shall be as follows:

a. Communication, radio and television poles, antennas or dishes attached to the principal structure may extend 5 feet above the peak of the roof or 5 feet above the otherwise allowable maximum height, whichever is less;

b. Chimneys that are required to meet applicable building, fire or environmental regulations may extend up to 5 feet above the otherwise allowable district height maximum;

c. Wind generating systems, solar panels and cooling towers attached to a building may extend up to 5 feet above the otherwise allowable district height maximum; and

d. Commercial radio, television and utility transmission and receiving antennas approved in accordance with use standards of Sec. 2.4.51, Telecommunications Facilities, may extend above the otherwise allowable district height maximum; and

e. Structures or parts thereof in the BR and DTB district may exceed the otherwise applicable maximum height upon approval of a Special Use Permit.

4. Accessory Structures Height

Notwithstanding other provisions to the contrary, maximum height of detached accessory structures shall be as follows:

a. Flagpoles

1) Residential Districts (SF and MF districts): 20 feet, or the distance to nearest lot line, whichever is less.

2) Nonresidential Districts: Maximum height of underlying base district.

b. Television Antennas and Ham Radio Towers: Maximum height of underlying base zoning district, or the distance to nearest lot line, whichever is less.

c. Wind Generating Systems and Solar Panels, Not Attached to a Building: 20 feet

d. Satellite Dishes: 15 feet

e. All Other Accessory Structures: 20 feet

5. Administrative Adjustment to Maximum Building/Structure Height

In accordance with the provisions of Sec. 9.16, Administrative Adjustments, the Community Development Director or designee may grant up to a 10 percent height adjustment to the vertical envelope and/or an exterior wall plane for buildings on residential sites when such sites have special circumstances, including, but not limited to:

a. Lots where the average slope exceeds 20 percent; or

b. When saving trees or rock outcrops; or

c. For oddly shaped lots that limit siting options.

F. Lot Coverage

The size of buildings shall comply with the maximum lot coverage standards contained in the zoning districts of Articles 3 or 4, and summarized in the Residential and Nonresidential Density and Dimensional Schedules, as may be modified by additional provisions in the zoning districts, in this subsection or elsewhere in this Code, such as Sec. 9.16, Administrative Adjustments.

1. Measurement

Lot coverage is measured as the percentage of the total lot area covered by structures, including all building(s), covered and uncovered decks, porches, etc. It is calculated by dividing the square footage of the footprint of such structures (Structures Footprint) by the square footage of the lot.

Lot Coverage = Structures Footprint ÷ Lot Area