Article 8 / Review Bodies
Sec. 8.1 / City Council
In accordance with the Prescott City Charter and applicable state statutes, the City Council holds sole responsibility for amendments to this Code and the Official Zoning Map and appointments to the Planning and Zoning Commission, the Board of Adjustment and the Prescott Preservation Commission.
The City Council is authorized to hear and take final action on the following:
A. Special Use Permits;
B. Zoning Map Amendments (Rezoning);
C. Text Amendments;
D. Preliminary Plats;
E. Final Plats;
F. Site Plans, as may be required;
G. Planned Area Developments;
H. Creation of national and local register historic districts;
I. Appeals of decisions made by the Historic Preservation Commission;
J. Development Agreements.
Sec. 8.2 / Planning and Zoning Commission
In accordance with the Prescott City Code, Title I, Chapter 6, the City Council provides for the appointment of a Planning and Zoning Commission along with the regulations and restrictions adopted pursuant to the provisions of applicable statutory requirements of the State of Arizona.
Rules of operation are specified in the Planning and Zoning Commission Bylaws, which are attached as Appendix D.
A. General Plan
The Planning and Zoning Commission makes recommendations for the effective coordination of the various City departments, committees, and boards in implementing the General Plan.
B. Recommendations
The Planning and Zoning Commission reviews and makes recommendations to the City Council subject to the terms and conditions set forth for such uses in this Code for the following:
1. Special Use Permits;
2. Zoning Map Amendments (Rezoning);
3. Text Amendments;
4. Preliminary Plats;
5. Final Plats, as applicable;
6. Site Plan Review, as applicable;
7. General Plans, Area Plans, Neighborhood Plans and Amendments;
8. Planned Area Developments, as applicable;
9. Waivers of standards of Article 7, Subdivision and Land Split Standards;
10. Other powers and duties as may be specified in the Prescott City Code.
C. Official Zoning Map
The Planning and Zoning Commission may be called upon by the Community Development Director to interpret the intent of the Official Zoning Map where uncertainty exists because the physical features on the ground vary from those on the Official Zoning Map.
D. Written Interpretations
The Planning and Zoning Commission may be called upon by the Community Development Director in making code interpretation pursuant to the provisions of Sec. 9.14, Written Interpretations.
8.2.4 / Failure to Render a Decision
In the absence of mutual agreement to extend on the part of the petitioner, the failure of the Planning and Zoning Commission to render a decision on any matter properly submitted within 90 days of the submission, or in the case of proposed amendments, within the time required elsewhere herein, shall be considered a denial or unfavorable recommendation.
Sec. 8.3 / Historic Preservation Commission
In accordance with the Prescott City Code, Title I, Chapter 22, the City Council provides for the appointment of a Prescott Preservation Commission (PPC).
The Preservation Commission shall have the following powers and duties:
A. The Preservation Commission shall administer local historic districts and support National Register Districts as specified in the City Code, Title I, Chapter 22; and
B. The Preservation Commission, may perform courtesy compatibility reviews and make recommendations to the City Council on Special Use Permit applications for development in the DTB district relative to Sec. 4.9.4B, Compatibility Review Guidelines; and
C. The Preservation Commission may review and make recommendations to the Community Development Director relative to painted signs and murals in the DTB district pursuant to the provisions of Sec. 4.9.4F.4, Painted Signs and Murals; and
D. The Preservation Commission shall perform courtesy compatibility reviews of site plans and make recommendations as may be requested by the Community Development Director pursuant to Sec. 9.8, Site Plan Review.
8.3.3 / Failure to Render a Decision
In the absence of mutual agreement to extend on the part of the petitioner, the failure of the Preservation Commission to render a decision on any matter, properly submitted, within 90 days of such submission shall be considered a denial or unfavorable recommendation.
Sec. 8.4 / Board of Adjustment
In accordance with the Prescott City Code, Title I, Chapter 7, the City Council provides for the appointment of a Board of Adjustment along with the regulations and restrictions adopted pursuant to the provisions of applicable statutory requirements of the State of Arizona.
Rules of operation are specified in the Board of Adjustment Bylaws, which are attached as Appendix E.
The Board of Adjustment holds the following, although not all-inclusive, powers and duties:
A. Administrative Appeals
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, interpretation, or determination made by the Community Development Director or his designee in the enforcement of this Code, unless a different procedure is specified in this Code.
B. Conditional Use Permits
To hear and decide requests for Conditional Use Permits.
C. Variances
To hear and decide appeals for Variances from the terms of this Code only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the zoning ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. Variances may not be granted for the permitted use of property or the density of housing permitted.
8.4.4 / Failure to Render a Decision
In the absence of mutual agreement to extend on the part of the petitioner, the failure of the Board of Adjustment to render a decision on any matter, properly submitted, within 90 days of such submission shall be considered a denial.
Sec. 8.5 / Technical Review Committee
8.5.1 / Designation and Membership
Technical Review Committee (TRC) membership shall include representatives from City departments with review responsibilities, as may be directed by the respective department directors and/or the City Manager, including but not limited to:
A. Public Works Director;
B. City Engineer;
C. Building Official;
D. Fire Chief; and
E. Community Development Director.
A. The Technical Review Committee shall meet weekly or as otherwise needed at the call of the City Manager to review subdivision application submittals, conceptual building site plan submittals or other development-related issues that require TRC review;
B. A notice of the TRC meeting shall be routed to all pertinent city staff.
C. All meetings may be open to the pertinent subdividers and developers and/or their representatives that have a TRC item scheduled, and whose attendance may be required; and
D. A letter compiling all department and agenda comments shall be sent to the applicant within 15 working days of the TRC consideration.
The TRC shall serve as a review and recommending body, assisting the Community Development Director with the review of subdivision- and development-related issues and proposals. More specifically, the TRC shall:
A. Review development applications, identify and address issues that may affect a proposal;
B. Provide prospective applicants pertinent information regarding the City’s standards and procedures;
C. Provide timely information to Boards, Commissions, and City Council on relevant development approval processes and projects;
D. Serve as a forum for the exchange of observations, ideas and comments;
E. Promote coordination and resolve conflicting comments, recommendations, and design differences between reviewing departments and subdividers/developers regarding development-related issues; and
F. Make recommendations for approaches for subdivision- and development-related proposals, as may be requested by department heads from time to time.
An appeal from any final decision of the Technical Review Committee shall be filed in writing with the City Manager within 30 calendar days of the date of the decision on an administratively approved or denied project. On all other projects, a TRC recommendation shall be appealed to the approving body. If no appeal is filed within 30 days, the decision shall be considered final.
Sec. 8.6 / City Departments and Authorities
Authorities and duties assigned throughout this Land Development Code are drawn from Titles II, III, IV, and V from the Prescott City Code. In particular, the Community Development Director, Public Works Director, City Engineer, Fire Chief and Building Official hold designated authority to implement this Code.