Article 1 / Introductory Provisions
Sec. 1.1 / Title
This Code shall be officially known and cited as the Land Development Code of the City of Prescott, Arizona. References herein to “this Code” or “LDC” shall be interpreted as referring to the Land Development Code.
Sec. 1.2 / Authority
This Code is adopted pursuant to the statutory authority conferred by laws of the State of Arizona, including, but not limited to, ARS 9-462 et. seq., Zoning Regulations, and ARS 9-263 et. seq., Subdivision Regulations.
Sec. 1.3 / Applicability and Jurisdiction
A. This Code shall apply to all development, public and private, within the City of Prescott. All structures, land uses constructed or commenced hereafter and all enlargements of, additions to, changes in, and relocations of, existing structures and uses occurring hereafter shall be subject to this Code, all Statutes of the State of Arizona, the Building Codes of the City of Prescott and all other applicable City Codes.
B. Preliminary Plats of subdivisions outside the City, but within 3 miles of the City, shall be submitted by the subdivider to the City of Prescott Planning and Zoning Division for review. The City may make recommendations related to locations and dimensions of streets, alleys, parks, rights-of-way, easements, and other properties intended for public purposes, as authorized by Arizona Revised Statutes, Section 9-474, as amended.
Sec. 1.4 / Minimum Requirements
The standards of this Code are minimum requirements. The issuance of any permit, certificate or approval in accordance with the standards and requirements of this Code shall not relieve the recipient of such permit, certificate or approval from the responsibility for complying with all other applicable requirements of any other city, state or federal agency having jurisdiction over the structures or land uses for which the permit, certificate or approval was issued.
Sec. 1.5 / Purpose and Intent
This Code is intended to protect the health, safety, and general welfare of existing and future residents of the City of Prescott by:
A. Implementing the goals, objectives and policies of the General Plan;
B. Classifying the City of Prescott into zoning districts;
C. Regulating and restricting the location and use of buildings, structures, recreation, trade, industry, residences and other uses;
D. Regulating the intensity of uses and structures through density, dimensional and open space standards;
E. Providing adequate privacy, light, and air, and otherwise mitigating adverse impacts associated with development that occurs in the City of Prescott;
F. Adding a level of protection from fire, flood, and other dangers;
G. Promoting sustainable development;
H. Promoting natural resource conservation and historic preservation;
I. Managing growth within the City of Prescott by concentrating development in areas where adequate sewage and water facilities, roads, and schools now exist or can be provided, and limiting development in areas where these facilities are not adequate;
J. Protecting designated corridors, surrounding areas and scenic quality by establishing overlay zoning districts and by establishing regulations related to the maintenance of quality aesthetic, safe and functional access and environmental standards;
K. Promoting land use patterns that increase efficiency in service provision and prudent use of fiscal resources and local government expenditures; and
L. Protecting the tax base by managing growth within the City of Prescott.
Sec. 1.6 / Commentary
Commentaries are included in this Land Development Code whenever necessary to clarify the intent of a specific provision. These commentaries are a guide for administrative officials and the public to use in interpreting and understanding the Land Development Code. Should any conflicts between the commentary and the general text of the Land Development Code be found, the general text shall control.
Sec. 1.7 / Word Usage and Construction of Language
All provisions, terms, phrases and expressions contained in this Code shall be construed according to Sec. 1.5, Purpose and Intent. (See also Sec. 9.14, Written Interpretations.)
1.7.2 / Headings, Illustrations and Text
In case of any difference of meaning or implication between the text of this Code and any heading, drawing, table, figure or illustration, the text shall control.
Unless otherwise specifically indicated, lists of items or examples that use terms such as “including,” “such as,” or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.
The time in which an act is to be done shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or holiday observed by the City, that day shall be excluded.
1.7.5 / References to Other Regulations, Publications and Documents
Whenever reference is made to a resolution, Code, statute, regulation, or document, that reference shall be construed as referring to the most recent edition of such resolution, Code, statute, regulation, or document or to the relevant successor document, unless otherwise expressly stated.
1.7.6 / Delegation of Authority
Whenever a provision appears requiring the head of a department or another officer or employee of the City to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate that responsibility.
1.7.7 / Technical and Non-technical Terms
Unless specifically otherwise defined herein, words and phrases shall be construed according to the common and approved usage of the language. However, technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. (See also Sec. 11.2, Terms Defined)
1.7.8 / Public Officials and Agencies
All public officials, bodies and agencies to which references are made are those of the City of Prescott, unless otherwise expressly provided.
1.7.9 / Mandatory and Discretionary Terms
The words “shall,” “will,” and “must” are mandatory. The words “may” and “should” are advisory and discretionary terms.
Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
“And” indicates that all connected items, conditions, provisions, or events apply; and
“Or” indicates that one or more of the connected items, conditions, provisions or events may apply.
Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular.
Sec. 1.8 / Conflicting Provisions
1.8.1 / Conflict with State or Federal Regulations
If the provisions of this Code are inconsistent with those of the state or federal government, the City Code shall control, unless pre-empted.
1.8.2 / Conflict with Other City Regulations
If the provisions of this Code are inconsistent with one another, or if they conflict with provisions found in other adopted Codes or regulations of the City, the more restrictive provision will control. No text amendment, variance or condition of approval placed on a Special Use Permit or other form of development approval under this Code shall have the effect of nullifying, abrogating or diminishing the provisions of any other City Code.
1.8.3 / Conflict with Private Easements, Agreements, Covenants or Restrictions
This Code is not intended to abrogate, annul, or otherwise interfere with any private easement, agreement, covenant, restriction or other private legal relationship. However, what is disallowed by the City shall not be allowed by private covenant. The City is responsible for enforcing this Code; it does not enforce private agreements, easements, covenants or restrictions except those specifically required for the administration and enforcement of this Code.
Sec. 1.9 / Transitional Provisions
Any violation of the previous zoning, subdivision, mobile home park, recreational vehicle park or sign regulations of the City shall continue to be a violation under this Code and shall be subject to penalties and enforcement pursuant to the City Code, unless the use, development, construction or other activity is consistent with the express terms of this Code.
1.9.2 / Completion of Development
A. Site Plans Approved Before December 31, 2004 (Effective Date)
Any building, development or sign for which a site plan approval has been achieved before December 31, 2004 may be approved and completed in conformance with the terms and conditions applicable at the time of submittal. If the building, development or sign is not completed within the time allowed under the original permit, then the building, development or sign may be constructed, completed or occupied only in strict compliance with this Code.
B. Preliminary Plats Approved Before December 31, 2004 (Effective Date)
Any subdivision for which a Preliminary Plat was approved before December 31, 2004 may be granted Final Plat approval in accordance with the approved Preliminary Plat. If a Final Plat for the subdivision is not completed within the time required under the original approval or any extension that may be granted by the City Council, then such subdivision may be completed and buildings therein constructed and used only in strict compliance with the requirements of this Code.
A. Any use that was legally established before December 31, 2004 without a Conditional Use Permit and which on or after December 31, 2004 is located within a zoning district that requires a Conditional Use Permit for the subject use shall be deemed to have a Conditional Use Permit already without following the procedures of Sec. 9.3, Conditional Use Permits. Even if a Conditional Use Permit is issued pursuant to this Section, those uses or structures that do not comply with applicable standards of this Code shall be deemed nonconforming and shall be subject to the regulations of Article 10. Expansions and modifications of such uses shall be subject to Sec. 10.2.2.
B. Any use that was legally established before December 31, 2004 with a Conditional Use Permit and which on or after December 31, 2004 is located within a zoning district that requires a Conditional Use Permit for the subject use may continue to be operated under the terms of the original Conditional Use Permit. The use shall be subject to Nonconformity regulations of Article 10, if applicable. Expansions and modifications of such uses shall be subject to Sec. 10.2.2.
C. Any use that was legally established before December 31, 2004 with a Conditional Use Permit and which on or after December 31, 2004 is located within a zoning district that does not require a Conditional Use Permit for the subject use shall continue to be subject to all conditions as originally set forth in the Conditional Use Permit and applicable standards of this Code, including the Nonconformity regulations of Article 10, if applicable.
A. Any use that was legally established before December 31, 2004 without a Special Use Permit and which on or after December 31, 2004 is located within a zoning district that requires a Special Use Permit for the subject use shall be deemed to have a Special Use Permit already without following the procedures of Sec. 9.9. Even if a Special Use Permit is issued pursuant to this Section, those uses or structures that do not comply with applicable standards of this Code shall be deemed nonconforming and be subject to the regulations of Article 10. Expansions and modifications of such uses shall be subject to Sec. 10.2.3.
B. Any use that was legally established before December 31, 2004 with a Special Use Permit and which on or after December 31, 2004 is located within a zoning district that requires a Special Use Permit for the subject use may continue to be operated under the terms of the original Special Use Permit. The use shall be subject to the Nonconformity regulations of Article 10, if applicable. Expansions and modifications of such uses shall be subject to Sec. 10.2.3.
C. Any use that was legally established before December 31, 2004 with a Special Use Permit and which on or after December 31, 2004 is located within a zoning district that does not require a Special Use Permit for the subject use shall continue to be subject to all conditions as originally set forth in the Special Use Permit and applicable standards of this Code, including the Nonconformity regulations of Article 10, if applicable.
Sec. 1.10 / Severability
If any Court of competent jurisdiction rules any provision of this Code invalid, that ruling shall not affect any Code provision not specifically included in the judgment. If any Court of competent jurisdiction rules invalid the application of any provision of this Code to a particular property, building, or other structure or use, that ruling shall not affect the application of the Code provisions to any property, building, other structure or use not specifically included in the judgment.