Abutting

Having a common border with, or being separated from, such common border by an alley, easement or right-of-way.

Accessory

A building, structure, part of building or structure, or use which is subordinate to, and the use of which is incidental to, that of the main building, structure, or use on the same lot or plat herewith.

Accessory Structure

A structure that: (1) is subordinate to and services a principal building or a principal use legally existing on the same lot; (2) is subordinate in area, extent and purpose to the principal building or principal use; (3) contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and (4) is located on the same lot as the principal structure or principal use served.

Accessway

The place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress/egress to a property or use as required by this Code, including driveways, sidewalks, multi-use paths, and bikeways.

Acre

An acre is equal to 43,560 square feet.

Advertising Display

Advertising structures, lights and lighting, and signs used for outdoor advertising purposes, not including premise advertising signs.

Aeronautical Activities

Any activity which involves, makes possible, or is required for, the operation of aircraft, or which directly contributes to or is required for the safety of such operations. Examples of such uses include, but are not limited to: aerial advertising and surveying, aerial photography, air taxi and charter operations, aircraft rental and sightseeing, aircraft sales and service, aircraft storage, crop dusting, helipads and heliports, parachute activities, pilot training, repair and maintenance of aircraft, sale of aircraft parts, sale of aviation petroleum products, scheduled or nonscheduled air carrier, and ultralight activities services.

Affordable Housing

Decent, safe and sanitary housing that can be secured at a cost not exceeding 30 percent of the owner’s/owners’ or renter’s household income. For renters, the 30 percent is comprised of rent and utilities. For owner(s), the 30 percent is comprised of mortgage principal, interest, real estate taxes and insurance (PITI).

Agriculture

The tilling of the soil; the growing of crops; the operation of non-retail greenhouses and nurseries; the raising and/or keeping of livestock, equine, fur-bearing animals, game birds, poultry and farm animals; and incidental structures for carrying out the above.

Airside

Consists of the paved and unpaved portions of the airport directly adjacent to the Airport Operating Area, extending to the security perimeter of the airport. These areas include aircraft parking aprons and hangar facilities and lease properties within the Prescott Municipal Airport.

Airside Building Frontage

That frontage of a building which is considered airside frontage as defined herein.

Airside Frontage

Those business areas which front on and are primarily directed toward areas of air traffic.

Airside Signage

That signage which is placed in areas considered to be “airside” under this Code and intended solely for air traffic.

Alley

A public, dedicated right-of-way or private, shared access easement used primarily as a service or secondary means of ingress and egress to the service side of abutting properties

AOA

That portion of the airport designated in the Zoning Code as public land. These areas include all portions of all runways, taxiways, and their associated safety areas as defined by the FAA and shown on the official Airport Layout Plan.

Apartment

A room or suite of rooms occupied or suitable for occupancy as a residence or home for an individual, family, or household and containing a private toilet and facilities for cooking. No space hereafter constructed or altered for such purpose shall be used for such purpose unless it comprises not less than 320 square feet of gross floor space.

Area Median Income

Area Median Income is a number set by the United States Department of Housing and Urban Development based on a variety of factors representing wages and earnings in the community. Area Median Income is relative to family size and community dynamics.

Area of Significant Traffic Impact

The geographic area that includes the facilities significantly impacted by the site traffic.

Artisan Studio

A small scale shop or facility used to create unique pieces of art, sculpture, textile, signs, etc., from a variety of media in a low impact scale and quantity.

Assisted Living

A combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need assistance with daily activities. A facility with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms or living quarters, where the emphasis of the facility remains residential.

Auto Repair Shop

Any premises or structures when used for the servicing and/or repair of motor vehicles, including paint and body work, engine rebuilding and minor maintenance activities, irrespective of commercial gain derived therefrom. Excepted from this definition are residential premises where not more than one motor vehicle belonging to the lawful residents thereof are involved in such activities at any one time, and not in operating condition, or where not more than one motor vehicle, whether or not in operating condition, and not belonging to the lawful residents thereof is involved in such activities for a period of more than one week, and only one motor vehicle may be serviced and/or repaired each month.

Auto Sales

Display for sale of 4 or more vehicles at one time.

Babysitting

Any facility in which day care is regularly provided for compensation for 1 to 4 persons not related to the proprietor or operator.

Bank

An establishment for the custody, loan, exchange or issue of money, for the extension of credit and for facilitating the transfer of funds. Such operations shall not be considered an office

Basement

One or more stories wholly or partly underground and having 1/2 or more of its height measured from its floor to its finished ceiling below the average adjoining grade. A basement shall be considered a story if the vertical distance from the average adjoining grade to its finished ceiling is over 6 feet.

Bed and Breakfast

A dwelling unit, with a host or host family residing therein, where members of the public are lodged for compensation, with a morning meal provided as part of the normal charge for said room.

Block

An area of land that is entirely bounded on all sides by streets and/or exterior boundary or boundaries of a subdivision; or

All of the real property entirely enclosed by connecting street lines or a series of connecting lines of streets, city limit lines, or lines of natural barriers.

Boarding or Rooming House

A dwelling unit in which sleeping accommodations are provided, for any type consideration whatsoever, for 3 or more persons not members of the resident family, provided not more than 5 rooms in such building or apartment are used for such purpose.

Bookstore

A commercial establishment having for sale or viewing by its patrons on its premise stock in trade, books, magazines, or other periodicals or printed matter.

Building

A structure, having a roof for support, housing, shelter and/or enclosure of any person, animal or tangible goods; and, when any portion thereof is separated from every other portion thereof by a masonry wall, without openings, extending from the ground through the upper surface of the roof, then such portion may be deemed a separate building provided, however, that in no instance shall a manufactured home, mobile home, trailer or recreational vehicle be deemed to be a building.

Building Site

The total horizontal area included within the setbacks.

Bulk Containers

Large containers designed to hold bulk materials, including but not limited to, cargo cars, sea containers, hot tubs, sheds larger than 48 square feet in size.

Business or Commercial

The purchase, sale or other transaction involving the handling or disposition of any article, substance, service or commodity for profit, gain, livelihood (whole or partial), or consideration conducted at any location.

Cabin, Casita or Cottage

A small, detached house or dwelling unit that may be used for short-term rental purposes in the manner of a motel room.

Campground

Public and quasi-public open space areas, with or without sanitation facilities or water, for overnight camping. Campground may also include the overnight parking of recreational vehicles. (See also Recreational Vehicle Parks Sec. 2.4.42,

Car Wash

A facility for the cleaning and washing of motor vehicles which may include interior cleaning, vacuuming, and waxing by means of self-service, mechanical apparatuses, manual labor, or a combination thereof. A car wash may be in conjunction with an automobile Service Station.

Certification

A written statement of the fact to be certified and made under oath by the applicant and notarized.

Child

Any person through the age of fourteen years.

City

Shall mean the City of Prescott, Arizona, and shall include the Planning and Zoning Commission and the City Council.

City Council

Shall mean the City Council of Prescott, Arizona.

Collector Street

A street or road that serves local traffic movement within an area and traffic between major arterials and local streets and provides a means of ingress and egress to local streets and sometimes to abutting property. A collector street also serves to connect adjacent neighborhoods and includes the principal entrance streets into residential neighborhoods. There may also be provisions for parking and loading or unloading on collector streets.

Commercial

See “Business”.

Communications Tower

A tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, free standing, guyed, or on another structure.

Community Residence

Except as required by state law, a community residence is a residential living arrangement for 5 to 12 unrelated individuals with disabilities in need of the mutual support furnished by other residents of the community residence as well as the support services, if any, provided by the staff of the community residence. Residents may be self-governing or supervised by a sponsoring entity or its staff which provides habilitative or rehabilitative services related to the disabilities of the residents. A community residence seeks to emulate a biological family to normalize its residents and integrate them into the surrounding community. As a function of emulating a biological family, a community residence must have an established protocol to assure that the residents have access to meals at the home whether the residents dine individually or as a group. Public, charitable or social services provided meals shall not be a substitute for these protocols. Its primary purpose is to provide shelter in a family–like environment; treatment is incidental as in any home. Inter– relationships between residents are an essential component. A community residence shall be considered a residential use of property for purposes of all zoning and building codes. The term does not include any other group living arrangement for unrelated individuals who are not disabled nor residential facilities for prison pre-parolees or sex offenders. A “community residence” can be a “family community residence” or a “transitional community residence.”

A family community residence is a relatively permanent living arrangement for more than 4 people with disabilities with no limit on how long a resident may live in the home. The length of tenancy is measured in years.

A transitional community residence is a temporary living arrangement for more than 4 people with disabilities with a limit on length of tenancy that is measured in months, not years.

Condominium

An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in air space in a residential or commercial complex located on such real property. Condominium may include cluster housing or semi-detached housing. In addition, a condominium may include a separate interest in other portions of such real property, such as common area.

Conceptual Plan

A written and graphic plan submitted for consideration of a Planned Area Development that indicates in a conceptual form, the proposed land uses and their overall impact on the subject land and surrounding lands

Corner Lot

See Lot, Corner.

Cornice

The molded and projecting horizontal member that crowns an architectural composition.

Court

Any space other than a yard on the same lot with a building or group of buildings and which is unobstructed and open to the sky from and above the floor level of any room having a window or door opening on such space. The width of a court shall be its least horizontal dimension.

Cutoff Fixture

Outdoor light fixtures shielded or constructed so that the light rays emitted by the fixture are projected below a horizontal plane passing through the lowest point on the fixture from which light is emitted. Drop or sag lens type fixtures shall not be allowed.

Day Care

Day Care uses provide care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day. Day care uses providing care for up to 4 persons are considered “Babysitting”.

Day Care Business

Any facility in which day care is regularly provided for compensation for 9 or more children or adults not related to the proprietor or operator.

Day Care, Home-based

A facility in which 5 to 8 children or adults who are not members of the family residing therein are cared for in return for compensation.

Dead-end Street

A street or road having a traffic outlet on one end only. A dead-end street shall have temporary provisions at or near the end for the turning around of vehicular traffic. (See Sec. 7.4.3C, Dead-end Streets.)

Deck

A flat floored, roofless area adjoining a house.

Density

Means the number of dwelling units for each acre of land.

Development

The making of any material change in the use or appearance of any structure or land, the creation of a subdivision or the creation of 2 or 3 parcels pursuant to a land split division over which the City has regulatory authority. Development includes, but is not limited to, such activities as the construction, reconstruction or alteration of the size or material change in the external appearance of a structure or land; trenching or grading; demolition of a structure or removal of vegetation; deposit of fill; or the alteration of a floodplain, bank or watercourse.

Direct Glare

Glare resulting from the arc tube being visible in the field of view.

Disability

A disability is a physical or mental impairment that substantially limits 1 or more of an individual’s major life activities, impairs an individual’s ability to live independently, having a record of such an impairment, or being regarded as having such an impairment. People with disabilities do not include drug addicts or alcoholics when they are using alcohol, illegal drugs, or using legal drugs to which they are addicted nor individuals who constitute a direct threat to the health and safety of others.

District

Any area or areas similarly classified, whether contiguous or not, and shown by specific and similar designations on the maps which are a part of this Code.

Disturbable Area Envelope

That designated portion of a lot or tract that is approved for grading and grubbing (including driveway grading) but excluding any public or private street.

Dormitory

Any structure with 6 or more rooms specifically designed for the exclusive purpose of housing students of a university, college or school, excepting resident staff.

Double Frontage Lot

A lot having street frontage on both the front and rear property lines. Double frontage lots have two “front” lot lines.

Drainageway

A natural or man-made path of flow for stormwater.

Drive-through Window

An establishment which by design, physical facilities, service, or packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.

Duplex Dwelling

See Dwelling, Duplex

Dwelling Unit

A residential unit providing complete, independent living facilities for one family including permanent provisions for living, sleeping, cooking, eating and sanitation. Tenancy is arranged on a month-to-month or longer basis.

Dwelling, Attached Single-Family

A dwelling unit on its own individual lot that shares one or more common or abutting walls with one or more dwelling units. An attached single-family dwelling (or townhouse) does not share common floors/ceilings with other dwelling units.

Dwelling, Duplex

A building, or portion thereof, having 2 dwelling units on a single lot designed or intended for use or occupancy by 2 families living independently of each other, including all necessary domestic employees of each family, and having both kitchen or cooking facilities and private, indoor toilet within each such housekeeping unit, and conforming to the IBC of the City of Prescott.

Dwelling, Multiple-Family

A building, or portion thereof, having 3 or more dwelling units on a single lot, used, or designed or intended for use or occupancy as living quarters by 3 or more families living independently of each other, including all necessary domestic employees of each family and having both kitchen or cooking facilities, private, indoor toilet within each such housekeeping unit, conforming to the IBC of the City of Prescott. This definition shall also include any number of dwelling units in a nonresidential structure, but shall not include recreational vehicle parks, motels, or hotels. No such unit hereafter constructed or altered for such purpose shall be used for such purpose unless it comprises gross floor area in conformance with that specified in the IBC.

Dwelling, Senior Apartment

An age-restricted (generally 55 years or older) multi-unit housing development with self-contained living units for older adults who are able to care for themselves. Usually no additional services such as meals or transportation are provided but may be offered as an option.

Dwelling, Single-Family

A detached dwelling unit designed for occupancy by one family and built to IBC Standards.

Easement

A grant of one or more property rights (e.g., access) by the owner to, or for the use by the public, a corporation, or another person or entity and includes the total area lying between the exterior edges of the easement.

Egress

That movement of traffic from the abutting properties to the street.

Electric Transmission Line

An electric line used for the bulk transmission of electricity between generating or receiving points and major substations or delivery points.

FAA

The Federal Aviation Administration.

Facade

A structure’s entire single elevation, including wall face, parapet, windows, doors, awning or canopy.

Fairgrounds

An area consisting of both open spaces and structures, owned by a governmental entity, at which activities generally associated with a fairgrounds take place, including but not limited to, carnivals, bazaars, midways, horse racing, exhibitions, amusements and education displays excluding vehicular racetracks other than as incidental use to a county fair

Family

A family consists of any person living alone or any of the following groups living together as a single housekeeping unit that shares common living, sleeping, cooking, and eating facilities: (1) any number of people related by blood, marriage, adoption, guardianship, or other duly and legally authorized custodial relationship and no more than 2 unrelated individuals who provide care or assistance or are domestic employees, (2) 2 unrelated individuals and their children related to either of them and their foster children, or (3) 4 unrelated individuals. A family does not include any society; nursing home; club; boarding or lodging house; dormitory; fraternity; sorority; or group of individuals whose association is seasonal or similar in nature to a resort, motel, hotel, boarding or lodging house.

Family Game Center

An establishment or enterprise whose primary business is to provide arcade-type entertainment that can include video/electronic games, pinball, billiards/pool, and other forms of family games.

Fence

A structure erected to provide privacy or security that defines a private space or is used to constrain domestic animals.

Final Plat

The final drawing of a property being subdivided as prepared by a land surveyor or engineer for recording and approval by the City Council and prepared in accordance with Sec. 9.10.9B.1 of this LDC.

Flag

Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision or other entity.

Flag Lot

See Lot, Flag

Floor Area, Net (Net Floor Area)

For the purpose of applying the requirements for off-street parking, the term “floor area,” in the case of offices, merchandising or service types of uses, shall mean the gross floor area used or intended to be used by tenants, or the service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment for display or sale of merchandise. It shall also include restrooms, fitting or dressing rooms, and kitchen areas in the case of restaurants. It shall not include areas used principally for non-public purposes such as storage, incidental repair, processing or packaging of merchandise, or for offices incidental to the management or maintenance of stores or buildings.

Floor Area, Gross (Gross Floor Area)

The total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas having a height of more than 7 feet, but excluding areas used exclusively for vehicle parking or loading and, in industrial areas, storage sheds with less than 150 square feet of space, bunkers, electrical substations, smoking shelters, instrument shelters, and similar enclosures.

Foot Candle (FC)

The unit of luminance when the foot is taken as the unit of length. It is the luminance on a surface one square foot in area on which there is a uniformly distributed flux of one lumen, or the luminance produced on a surface all points of which are at a distance of one foot from a directionally uniform point source of one candela.

Fraternity or Sorority House

A residence hall or building used as living quarters for members of an approved college or university group while enrolled at an institution of higher learning.

Garage, Private

An accessory to, or a portion of, a main building, utilized or intended for use by motor vehicles of the individuals residing on the lot, including the use of a reasonable portion of such garage for the storage of tools equipment and other items belonging to the individuals residing on the lot. A private garage shall not be available for rent or rented to members of the public.

Garbage

“Garbage” is putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Gazebo

A free-standing structure of no more than 150 square feet which may be roofed or unroofed, enclosed by an open railing or parapet sides where solid/opaque walls are used, said walls may not be more than 4 feet in height as measured from the floor of said structure. Where a cross lattice or similar transparent/open type of wall material is used, said wall(s) may extend from the floor to the ceiling. Any combination of cross lattice or similar transparent/open type wall materials and solid/opaque type wall materials may not cover more than 75 percent of the total wall area.

General Plan

A council-adopted municipal statement of land development policies, which may include maps, charts, graphs and text, which set forth objectives, principles and standards for local growth and redevelopment enacted pursuant to the provisions of ARS 9-416.06 or any prior statute.

Grading

Any change of existing surface conditions by excavating, placing of any soils or rocks, or stripping of vegetation.

Grading, Mass

See Mass Grading

Guard House

An accessory structure designed or used to provide shelter for security personnel.

Guest Quarters

A room or rooms, including a kitchen, accessory to the primary single-family use and located in a portion of the main residential building or in a separate building located on the same lot as the primary residential building.

Hazardous Materials

Those chemicals or substances, which are physical hazards or health hazards, whether the materials are in usable or waste condition, as defined and classified in the Uniform Fire Code, 1988 Edition, as adopted by the City Council.

Hazardous Waste

“Hazardous waste” is defined under ARS 49-921 et. seq. and rules promulgated thereunder.

Health Care Practitioner

Health care practitioner shall include massage therapists and similar health services providers.

Height, Building

Per zoning district, See Table 2.7.1 and 2.7.2.

Hillside Subdivision

A subdivision with slopes of 20 percent or greater.

Home Occupation

Means an occupation for monetary gain conducted in a dwelling unit, garage, or accessory building in a residential district that is incidental to the principal residential use of a lot or site. (See also Sec. 2.5.7, Home Occupations)

Hospital or Trauma Center

An institution providing health services for inpatient, medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, emergency care departments, and ambulance and heliport facilities which are integral parts of the overall facility. Heliport facilities shall comply with the provisions of Section 2.4.4.

Hotel

Same as motel.

IBC

International Building Code, including any amendments, as adopted by the City Council of the City of Prescott.

Impermeable Cover or Coverage

Those portions of a lot that are covered by principal and accessory buildings or structures, and by surfaces that prevent the passage or absorption of storm water such as paving and driveways.

Industrial Street

A street or road that serves local traffic movement within and provides access to industrial areas.

Influence Area

The geographic area surrounding the site from which the development is likely to draw a high percentage (80 percent or more) of the total site traffic.

Ingress

The movement of traffic from the street to abutting property.

Junkyard, including Scrap and Salvage

The use of a lot, or portion thereof, whether inside or outside a building, for the storage and/or sale of scrap metal, waste paper, rags, non-operated vehicles or other junk materials and including non-commercial storage of non-operating or non-drivable motor vehicles, dismantling or storage of such vehicles or parts thereof, or used machinery, and regardless of whether repair or any other type of commercial operation occurs, but excluding scrap for use in manufacturing processes on the premises, or waste materials resulting from manufacturing processes, or resulting from the construction or elimination of facilities for such processes.

Kennel

The boarding and/or breeding of domestic animals for sale, as a business activity.

Key Lot

The first lot to the rear of a corner lot, the front line of such key lot fronting upon the side street for such corner lot.

Kitchen

Any room or portion of room used, intended, or designed to be used for cooking and/or the preparation of food, except cooking facilities of a recreational or incidental nature such as barbecues, food bars, hot plates, and the like shall not be considered kitchen facilities.

Landing

A level part of a staircase at the end of a flight of stairs

Landside

All areas not considered to be “airside” (Refer to “airside” definition).

Landside Signage

All signage within the City of Prescott that is not intended solely for air traffic.

Livestock

Animals such as, horses, ponies, mules, sheep, goats, cattle and other meat animals.

Livestock Auction

Barns, pens and sheds for the temporary holding and sale of livestock.

Litter

“Litter” is refuse or rubbish as defined herein and all other waste material, which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety, and welfare.

Lot

A piece or parcel of land established by plat, subdivision, or otherwise permitted by law to be used, occupied, or intended to be occupied by one or more buildings, structures, or uses, together with such open spaces and access to or frontage on a street, as required by this Code.

Lot Area

The area contained within the boundary lines of a lot or parcel, excluding any street, easement for street purposes, or street right-of-way.

Lot Coverage

See Sec. 2.7.3F, Lot Coverage.

Lot Line

A line bounding a lot that divides one lot from another or from a street or any other public or private space.

Lot Line, Front

That part of an interior lot abutting the street or that part of a corner lot extending across the narrowest part of the lot abutting the street. Double frontage lots have 2 “front” lot lines.

Lot Line, Rear

That lot line which is parallel to and most distant from the front lot line; in the case of a triangular, or an irregular lot, a line 20 feet in length, placed 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.

Lot Line, Side

Any lot line other than a front or rear lot line.

Lot of Record

A lot that is part of a subdivision, the plat of which has been recorded in the plat records of Yavapai County, Arizona; a metes and bounds parcel approved as a land split; or a parcel of land, the deed for which is recorded in the office of the County Recorder of Yavapai County prior to the adoption of the City’s original zoning ordinance [1951]; or a parcel legally created from a parent tract larger than 2.5 acres.

Lot Width

(1) Non-cul-de-sac lots: The horizontal distance between side lot lines. Lot width shall be measured between side lot lines at the required Front Setback line. (See also Sec. 2.7.3B, Minimum Lot Width) Cul-de-sac lots: minimum lot width is 50 feet determined by measuring, from the front property line and moving towards the rear property line, the point at which the horizontal distance between side lot lines creates a 50-foot horizontal segment. For purposes of determining the front yard setback, the point at which the 50-foot horizontal segment is created / determined shall constitute the required Front Setback line, regardless of which residential zone district said lot is proposed.

Lot, Corner

A lot or parcel located at the intersection of and abutting upon 2 streets at their juncture.

Lot, Double-frontage

Double frontage lots have two “front” lot lines and area also called a “through lot”.

Lot, Flag

A lot with substandard street frontage and where access to the public road is by a long driveway.

Lot, Interior

A lot or parcel other than a corner lot or parcel.

Lot, Key

See Key Lot.

Lot-Line House (Zero Lot Line)

A dwelling unit that is located on its own lot, not attached to any other dwelling unit, and set on or within 5 feet of the interior side lot line.

Luminaire

A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.

Mail Order Facility

An office in which orders are received via telephone or by delivery service and in which a work/processing area is utilized for the purpose of preparation of orders for delivery.

Manufactured Home

A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without permanent foundation when connected to the required utilities, that bears a label certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards (HUD Code), which became effective June 15, 1976. (See also “Mobile Home”.)

Manufactured Home Park

A parcel of land under single ownership, which has been planned and improved for the placement of HUD-code, manufactured homes for non transient use. (See also Sec. 2.4.31, Manufactured Home Parks).

Manufactured Home Space

A unit of ground indicated by corner markers on which a manufactured home may be placed in a Manufactured Home Park.

Manufactured Housing Subdivision

A subdivision designed and/or intended for the sale of lots for siting an individual manufactured home on a lot.

Manufactured Park or Subdivision

A parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lots on which the manufactured home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this LDC [December 31, 2004].

Manufacturing, Light

To process materials into a finished product, light manufacturing is conducted wholly from within an enclosed building, with all outdoor storage when permitted visually screened by means of fence, wall, landscape or other approved method, and only minimal noise, dust, glare, smoke, vibration, odor or debris is produced.

Market Value

The value as determined by a competent appraiser.

Mass Grading

Grading of more than two acres or 60% of a given lot or parcel, whichever is less.

Master Plan

A plan map or series of maps with associated reports designed to describe with a reasonable degree of certainty all of the following:

A. The proposed uses of the site and locations thereof;

B.The boundaries of the site;

C. Significant topographical and other natural features affecting development of the site;

D. The location on the site of the proposed buildings, structures, and other improvements such as recreational and civic amenities and facilities;

E. The number, type and density of dwelling units and the height of proposed buildings and other structures, by planning sub-area;

F. The location of all existing, and the general location of proposed, utilities and other infrastructure on the site, including: water, sewer, roads, trails, and other pedestrian walkways; and

G. The location of designated open space and the project perimeter buffers.

Maximum Extent Feasible

No prudent, practical, and feasible alternative exists, and all possible planning to minimize potential harm has been undertaken. Economic considerations may be taken into account but shall not be the overriding factor in determining “maximum extent feasible.”

Medical Office

Including offices of doctors, dentists, chiropractors, and similar offices.

Mini storage or Mini warehouse

See Warehouse, Mini

Mobile Food Vendor

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. (See Sec. 2.5.13)

Mobile Home

A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems. (Pre ‚Äò76 Mobile Homes are not HUD-standard “Manufactured Homes.)

Modular Building (Factory-built)

A factory-built building, residential or nonresidential, excluding mobile homes and manufactured homes defined herein. Such housing is certified as meeting the local building codes as applicable to modular housing and shall be considered equivalent to a site built building and which requires substantial assembly on site. Also referred to as “factory built” in Department of Building, Fire and Safety Rules, State of Arizona.

Motel or Hotel

A building or group of two or more detached, semi-detached or attached buildings containing guest rooms or apartments for the purpose of transient occupancy.

Multi-family Dwelling

See Dwelling, Multi-family

Municipal Uses

Municipal uses shall include, but not be limited to, any governmental use operated by, or contracted for, the City of Prescott and shall include uses such as, but not limited to, public playgrounds and parks, fire stations, police stations, libraries, City buildings, golf courses, shop and service facilities, water storage facilities, landfills, airports, sewage treatment plants, and warehouses.

Natural Grade

The ground surface (or grade) which is undisturbed by man.

Nonconforming Buildings, Improvements or Uses

Buildings, improvements, or uses which lawfully existed on any lot or plot prior to the effective date of any regulation, classification, or restriction under this Code or any amendment thereof, but which at such effective date did not comply with the regulations of this Code, and which thereafter uninterruptedly continue to exist, and which do not comply with the provisions of this Code for the district within which such buildings, improvements, or uses are located.

Nonresidential Subdivision

The division of a tract of land into parcels for occupancy by nonresidential uses and/or structures, whether for sale or for building development for leasing and/or renting.

Nurseries, Non-retail

Plant cultivation for eventual resale off-site, such as a wholesale operation.

Nursing Home

A combination of housing and health care designed to respond to individuals who require medical care because of illness, disease, or physical or mental infirmity. A facility with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms or living quarters, where the emphasis of the facility is inpatient services for persons requiring regular medical attention.

Office, General and Professional

A place where a particular kind of business, excluding retailing, is transacted or a service is supplied according to the following: (1) place in which the functions (such as consulting, record keeping, and clerical work) of a public or private agent are performed, or (2) a place in which a professional person conducts his professional business (e.g., a psychologist, architect, or lawyer).

Off-site Improvements

Those improvements required by Title XIV of the City Code.

Overlay Zoning District

A zoning district that encompasses one or more underlying zoning districts and that imposes additional or alternative requirements to that required by the underlying zoning district.

Parapet Wall

A low wall or railing to protect the edge of a platform, roof, or bridge.

Parcel

Real property that: (1) has a separate and distinct number or other designation shown on a plan, recorded with the County Recorder’s Office or (2) is delineated on an approved record of survey, parcel map or subdivision map as filed with the County Recorder and abutting at least one public right-of-way or easement determined by the City to be adequate access.

Park and Ride Lot

Parking facilities that are accessory to a principal use, even if the operator leases the facility to the principal use or charges a fee to the individuals who park in the facility. Such lots are not considered Commercial Parking facilities.

Park Model

A recreational vehicle not exceeding 400 square feet in its set-up mode intended for permanent or semi-permanent installation and used as temporary or full-time living quarters. Such units are permitted in manufactured home parks and on individual manufactured home lots possessing the City’s “MH” Manufactured Home Floating District designation.

Partial Width Street

A street having only a portion of its required right-of-way width dedicated for public use with a minimum street section to provide two traffic lanes and, where required, parking lanes.

Patio

A recreational area that is directly adjacent to a principal building, at or within 3 feet of finished grade, is often paved, especially for outdoor dining.

Patio Home

A single family detached dwelling unit located on its own relatively small lot. A patio home lot may be enclosed by a solid wall located at the lot line, broken only by driveways and pedestrian access points, thus creating a private yard area between the house and the wall.

Permit

A document issued by the City of Prescott, Arizona, granting permission to perform an act or service which is regulated by the City.

Person

Any individual or his agent, firm, partnership, association, corporation or agent of the aforementioned groups or the State, or any agency or political subdivision thereof.

Planned Area Development

A residential, business, or industrial development that creates a more creative approach in the development of land and results in a more efficient, aesthetic, and desirable use of open area while maintaining the same population density and lot coverage permitted in the underlying zoning district. PAD permits flexibility in type of dwellings, placement of buildings, circulation facilities, off-street parking areas, and use of open spaces.

Planning and Zoning Commission

Shall mean the Planning and Zoning Commission of the City of Prescott, Arizona.

Plat or Tentative Plat

That portion of a preliminary plan or any separate drawing of a parcel of land that conforms with the requirements of the subdivision regulations intended for subdivision and approval of the Planning and Zoning Commission and City Council which is prepared in accordance with subdivision Plat Review procedures of the City of Prescott Land Development Code.

Playground

A piece of land used for, and usually equipped with, facilities for recreation especially by children.

Porch

A covered entrance to a building, usually with a separate attached roof.

Preliminary Site Development Plan

See Site Development Plan, Preliminary

Principal Building or Principal Use

That building or use on any building site to which all other uses on such site are subordinate. If there is more than one such use, the use of the lowest classification of Sec. 2.1, Districts Established, shall be considered the principal use.

Printing Shops

The business or profession where the primary function is the commercial production and/or publishing of literature, information, musical scores, or art.

Professional Practice

The conduct of the business or profession of a physician, surgeon, dentist, artist, lawyer, architect, engineer, surveyor, or similar professional person.

Property Lines

Those lines outlining the boundaries of properties on lots for the purpose of description in sale, lease, building development, or other separate use of property.

Protected Development Right

A protected development right is a right granted to undertake and complete the development and use of property - under the terms and conditions of a Protected Development Right Plan - without compliance with subsequent changes in zoning regulations and development standards, except as provided by Arizona Revised Statutes (ARS) § 9-1204 and as may be determined by the City Council.

Radial

A line forming right angles with the tangent of any given arc.

Recreational Vehicle

A vehicular-type unit 40 feet or less in length and 8 feet or less in width primarily designed as temporary living quarters for recreational, camping or travel use which either has its own automotive power or is mounted on or drawn by another vehicle.

Recreational Vehicle Park

An approved residential development as shown in the records of the City of Prescott Planning and Zoning Department, together with certain accessory buildings and uses providing for the enjoyment and benefit of the patrons of the park in which individual spaces are provided for parking of a recreational vehicle for temporary portable housing and sleeping purposes, whether or not a charge is made for such accommodation.

Recycling Collection Facility

A building or fenced/enclosed area used for the collection and processing of presorted recyclable materials. “Recycling processing” means the preparation of recyclable material for efficient shipment, to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning. “Recyclable materials” are re-usable materials including, but not limited to: metals, glass, plastic and paper, which are intended for re-use, remanufacture, or reconstitution for the purposes of using the altered form. Recyclable material does not include refuse or hazardous waste.

Recycling Facility

A totally enclosed building within which recyclable materials are converted into new products by reprocessing or remanufacturing. A recycling facility may also include collection and processing of recyclables for more efficient shipment. Outdoor storage of materials is acceptable on an area surfaced with a permanent, dust-free pavement behind an opaque fence or wall and landscaping in accordance with Municipal Code Sec. 4-62-A-4.

Refuse

“Refuse” is all putrescible and nonputrescible solid waste, including garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial wastes.

Related

The following relationships resulting from marriage, blood, adoption, or guardianship: parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, and aunt.

Residential Street

A street or road within a residential area containing single-family homes, (e.g. townhouses, condominiums, mobile home subdivisions, or apartments). It also includes regional parks and cemeteries.

Ridge

An elongated crest or series of crests of a hill.

Ridgeline

A ground line located at the highest elevation of and running parallel to the long axis of the ridge.

Right-of-way

The entire dedicated tract, usually in a strip, of land for public use for street, highway, or other public improvement. Any public street, highway, alley, sidewalk or other platted or written easement which has been dedicated to, or accepted by, or acquired by, the City for public purposes.

Rubbish

“Rubbish” is nonputrescible solid waste consisting of both combustible and noncombustible waste such as: paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, weeds, brush, wood, glass, bedding, crockery, or other accumulation of filth or debris.

School

School shall mean, unless otherwise specified, private or public places of general instruction for the education of children through grade 12 which is licensed by the Arizona Department of Education but shall not include pre-schools, dancing schools, riding academies, or trade or specialized vocational schools.

Separation Facility

The actual separation of recyclable materials prior to disposal at the landfill.

Service Station

An establishment engaged in the sale of motor vehicle fuel.

Sidewalk

That paved portion of a right-of-way between the curb lines or lateral lines of the roadbed and the boundary line of said right-of-way designed and intended for the movement of and use of pedestrian traffic.

Setback Line

A line that marks the minimum distance a structure must be located from the property line, and establishes the minimum required front, side or rear yard space of a building plot.

Sight Distance

A sight distance triangle as defined in Sec.6.3.10, Corner Setbacks and Intersection Visibility, or where determined by the Public Works Director as a location that would hinder intersection visibility.

Significant Traffic Impact

See Area of Significant Traffic Impact.

Single-family Dwelling

See Dwelling, Single Family.

Site Development Plan, Preliminary

A tentative site plan including, but not limited to, uses, building footprints, access and parking, drainage, landscape areas, and other information sufficient to allow the possible issuance of a grading permit.

Site Plan

A plan prepared pursuant to the requirements of Sec. 9.8, Site Plan Review, to scale showing all the uses, existing and proposed, for a specified property, and including all information necessary to clearly define the intended use of the property.

Solid Waste Transfer Station

A centrally-located station, which allows the unloading of waste for transfer and/or consolidation into larger vehicles for the hauling of such waste to the disposal site.

Start of Construction

Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement occurs within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or, the placement of a manufactured home on foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Stoop

A porch, platform, entrance stairway with up to 15 square feet.

Storage, Outdoor

For nonresidential uses, the placement of unenclosed placement of goods and equipment out of doors for more than 24 hours per month.

Storm Drain

A constructed conduit necessary, useful, or convenient for the collection and carrying of surface waters to a drainage course.

Story

A. Any portion of a building included between the floor at any point and the finished ceiling next above it or the finished undersurface of the roof over that particular floor.

B. The lowest story, or the ground story, or first story of any building is the lowest story the ceiling of which is more than 6 feet above the average contact ground level at the exterior walls of the building.

C. The mezzanine story shall be deemed a full story where it covers more than 33 1/3% of the area of the ground story.

Street

Any existing or proposed street avenue, road, lane, parkway, place, bridge, viaduct or, easement for public or private vehicular access, or a street in a plat duly filed and recorded in the County Recorder’s office. A street includes all land within the street right-of-way, whether improved or unimproved, and includes such improvements as pavement, shoulders, curbs, gutters, sidewalks, parking spaces, bridges, and viaducts.

Streets, Arterial

Arterial streets include such streets as may be so designated in the General Plan, Transportation Plans or Specific Area Plans - major roadways carrying the greatest traffic volumes, at high to moderate operating speeds with limited access.

Streets, Collector

Collector streets include such streets as may be so designated in the General Plan, Transportation Plans or Specific Area Plans collect and distribute traffic between arterials and local streets at moderate to low operating speeds.

Structural Alterations

Any change in the supporting members of a building such as bearing walls, columns, beams, or girders and floor joists or roof joists, girders, rafters, or changes in roof or exterior lines.

Structure

Anything constructed, built or erected.

Studio

The working place of an artist, painter, sculptor, fiber artist, ceramist, or photographer. A place for the study of fine arts; e.g. dancing, music, singing, acting, or other.

Subdivider

Any individual, firm, association, syndicate, co-partnership, corporation trust, or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for himself or for another.

Subdivision

Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into 4 or more lots, tracts, or parcels of land, or, if a new street is involved, any such property which is divided into 2 or more lots, tracts, or parcels of land, or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than 2 parts. A subdivision also includes any condominium, cooperative, community apartment, townhouse, or similar project containing 4 or more parcels in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided.

Swimming Pool

A contained body of water, including spas and hot tubs, used for bathing or swimming purposes, either above or below ground level, with the container being 18 or more inches in depth and/or wider than 8 feet at any point measured on the long axis.

Technical Review Committee

The Technical Review Committee (TRC) of the City of Prescott.

Telecommunications

A communications tower or antenna and any associated accessory structures and equipment. (See Also “Communications Tower” and Sec. 2.4.51, Telecommunications Facilities)

Temporary Shelter

A facility or portion thereof, used for purposes of emergency shelter, crisis intervention, including counseling, referral or other human services functions. Such a facility may provide shelter, meals and/or merchandise distribution.

Townhouse

See Dwelling, Single-family Attached Dwelling.

Traffic Generation

The estimation of the number of origins from and destinations to a site resulting from the land use activity on that site.

Traffic Generator

A designated land use (residential, commercial, office, industrial, etc.) that generates vehicular and/or pedestrian traffic to and from the site.

Traffic Impact Analysis (TIA)

Traffic impacts analysis (TIA) that determines the potential traffic impacts of a proposed traffic generator. A complete analysis will include an estimation of future traffic with and without the proposed generator, analysis of the traffic impacts, and recommended roadway improvements that may be necessary to accommodate and/or mitigate the impacts of the expected traffic.

Transient Occupancy

Residential occupancy of a building or structure for a period of less than 30 days.

Transportation Plan

That portion of the General Plan adopted by the Planning and Zoning Commission and City Council designating and defining the physical street system for Prescott, Arizona.

Treadway

That portion of a trail, sidewalk or multi-use path improved for walking or riding upon; excludes slope easements and the like.

Treatment Center

A facility offering temporary housing which typically includes, but is not limited to, alcohol, drug/substance abuse or other treatment programs and which provides 1) on-site staff who may provide supervision, personal care, meals, education, participation in community activities, counseling, treatment, or therapy for the residents thereof; 2) administration of an in-house program of guidelines and goals for the expected conduct, achievement, performance and participation of the residents in an established treatment program; 3) dispensing, storage and/or oversight of prescription medications by responsible individuals who are properly trained to do so; 4) is recognized by potential referral agencies, public or private; and 5) a facility may be required to be licensed by, certified by, registered with, or otherwise authorized, funded or regulated, in whole or in part, by an agency or the State or the Federal government.

Use

The purpose for which premises or a building thereon is designed, arranged, or intended, or for which it is or in the future may be actually occupied or maintained.

User

A single dwelling or a structure used by a single business.

Vacation Rental or Short-Term Rental

Any individually or collectively owned single-family or 1- to 4-family house or dwelling unit or any unit or group of units in a condominium, cooperative or timeshare, that is also a transient public lodging establishment or owner occupied residential home offered for transient use if the accommodations are not classified for property taxation under A.R.S. § 42-12001. Vacation rental and short-term rental do not include a unit that is used for any nonresidential use, including retail, restaurant, banquet space, event center or another similar use.

Veterinary Clinic

A facility for the diagnosis and treatment of domestic animals as outpatients, including the boarding of animals for the purpose of observation and recovery incidental to medical care. (See Also “Kennels”)

Warehouse, Mini

A building or group of buildings that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of a customer’s goods or wares. No service or repair activities other than the rental of dead storage units are permitted on the premises.

Workforce Housing

Housing developed with a household income paying no more than 30% of gross family income for mortgage, insurance and homeowner association fees or for rent and utilities; or which earns up to 60% of the Area Median Income of Yavapai County for multi-family rental housing; or 80% for single-family owned housing and that restricts student use per Section 42 of the Internal Revenue Code in accordance with Internal Revenue Code and Arizona Department of Housing Guidelines.

Yard

Open spaces on the lot or building plot on which a building is situated and which are open and unobstructed to the sky by any structure except as herein provided.

Yard, Front (required)

A yard facing and abutting a street and extending across the front of a lot or building plot between the side property lines and having a minimum horizontal depth measured from the front property line to a depth of the setback specified for the district in which the lot is located.

Yard, Side (required)

A yard located on a lot or building plot extending from the required rear yard to the required front yard having a minimum width measured from the side property line as specified for the district in which the building plot is located.

Yard, Rear (required)

A yard extending across the rear of the lot or building plot between the side property lines and having a minimum depth measured from the rear property line as specified for the district in which the building plot is located.

Zero Lot Line

Means the location of a structure on a lot in such a manner that one or more of the structure’s side facades rest directly on a lot line.