The overlay zoning districts of this article are intended to apply in combination with the underlying base zoning district to impose regulations and standards in addition to those required by the base district. The requirements of an overlay district shall apply whenever they are in conflict with or are more stringent than those in the base district.

5.2.1 / Purpose

The Airport Vicinity Overlay (AVO) District provides standards for the avoidance of obstructions that may destroy or impair the airport’s utility, create flight hazards, or jeopardize the public investment therein; comply with FAA standards for noise awareness and mitigation; protect airport viability in support of commercial service, general aviation, and public safety/fire management; and promote the public health, safety, and general welfare. The concepts and impact zones created herein are based upon the adopted 2011 Airport Land Use Plan.

5.2.2 / Applicability

AVO District standards apply to properties in the City of Prescott located within the Airport Influence Area (AIA), as depicted on Attachment 1 of the ordinance codified in this Section and as depicted on the official Zoning Map of the City of Prescott. An avigation easement shall be required within the AIA for all properties at the earliest of any development or construction application (see Section 5.2.8).

Properties with existing land use entitlements, such as protected development rights (Section 9.19), including development agreements, recorded plats, construction permits, etc., are exempted from the provisions of this Section 5.2 and its subsections. For existing developed properties see Section 5.2.9.

Where more than 1 Airport Impact Zone or noise contour affects a parcel, the more restrictive Airport Impact Zone or noise contour requirement or limits shall apply. All uses are also subject to compliance with Land Development Code (LDC) Table 5.2.3b, use table.

5.2.3 / Airport Impact Zones

Airport Impact Zones are adopted by airports as a standard to limit the damages caused by an aviation accident, to protect the viability of the airport, and to limit the impact of noise on sensitive uses.

In accordance with Federal Aviation Administration guidelines, the following Airport Impact Zones are established and incorporated into the Land Development Code of the City of Prescott. See Table 5.2.3a for Airport Impact Zone dimensions, Table 5.2.3b for Airport Impact Zone land use compatibility, and Attachment 2 of the ordinance codified in this Section for a map depicting these Airport Impact Zones.

Impact Zone 1 – Runway Protection Zone

The Runway Protection Zone (RPZ) is trapezoidal in shape and centered about the extended runway centerline. It extends from 200 feet beyond the end of the area usable for takeoff and landing. The narrower end of each RPZ is the closest to the runway end. The most critical segment of flight occurs within the RPZ. In this zone aircraft are the most vulnerable and the risk of accident is very high.

Impact Zone 2 – Inner Safety Zone

The Inner Safety Zone is rectangular in shape and centered about the extended runway centerline extending from the wider edge of the RPZ. The Inner Safety Zone together with the RPZ encompasses 30 percent to 50 percent of all near-airport accident sites.

Impact Zone 3 – Inner Turning Zone

The Inner Turning Zone is conical in shape which is encompassed by a 30-degree angle to either side of the extended runway centerline, and a radius of 4,500 to 5,000 feet. Its vertex is situated on the runway centerline 200 feet off the runway end. It encompasses the location where especially general aviation aircraft are turning from their final approach legs of the standard traffic pattern and are descending from pattern altitudes, as well as the area where departing aircraft normally complete their transition from takeoff power and flap setting to a climb mode and have begun turning to their en-route heading.

Impact Zone 4 – Outer Safety Zone

The Outer Safety Zone is rectangular in shape and centered about the extended runway centerline. It extends from the outer edge of the Inner Safety Zone. At airports with high activity levels, like Prescott Regional Airport, it encompasses the areas used by approaching aircraft at an altitude typically less than traffic patterns; also, it is applicable to airports with straight-in instrument approach procedures.

Impact Zone 5 – Sideline Safety Zone

The Sideline Safety Zone is rectangular in shape and centered on the runway centerline. It is defined by a 1,000-foot centerline offset on each side of the runway that connects the Inner Turning Zone on each end of the runway. While this zone is typically within airport boundaries, and is not overflow, it is designed to mitigate the damages that could be caused by an aircraft losing directional control on takeoff.

Impact Zone 6 – Traffic Pattern Zone

The Traffic Pattern Zone is defined by an area 5,000 feet wide, centered on the runway centerline, extending from the Sideline Safety Zone to the edges of the Outer Safety Zone. It also encompasses all other portions of regular traffic patterns and pattern entry routes. While the risk of an accident within this zone is lower, potential consequences can be severe.

Uses are allowed within the AVO in accordance with Table 5.2.3b.

5.2.4 / Noise Exposure Maps (Noise Contours)

Noise Exposure Maps are a graphical representation of average noise exposure levels associated with aircraft operations in areas adjacent to an airport. Using the Federal Aviation Administration Aviation Environmental Design Tool (AEDT) and Day/Night Average Sound Level (DNL) methodology, noise contours were generated for Prescott Regional Airport. The contour size and shape are influenced by several factors, such as airport layout, runway utilization, aircraft operations frequency, flight tracks, aircraft characteristics, meteorological conditions, and terrain data.

5.2.5 / General Obstruction and Airspace Requirements

Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace, (FAR Part 77) establishes: (A) requirements to provide notice to the Federal Aviation Administration (FAA) of certain proposed construction, or the alteration of existing structures; (B) standards used to determine obstructions to air navigation, and navigational and communication facilities; (C) the process for aeronautical studies of obstructions to air navigation or navigational facilities to determine the effect on the safe and efficient use of navigable airspace, air navigation facilities or equipment; and (D) the process to petition the FAA for discretionary review of determinations, revisions, and extensions of determinations.

No building, structure, tree, or other object, extending into the navigable airspace which may be deemed a hazard to the navigable airspace is permitted. The property owner must remove from said airspace, or at the sole option of the grantee/City of Prescott, as an alternative, to require the grantor/property owner to mark and light as obstructions to air navigation, any such building, structure, tree or other objects penetrating the navigable airspace.

Prior to issuance of any building permit for structures above existing grade within 20,000 feet of the runway ends of Prescott Regional Airport, applicants must complete an FAA height obstruction evaluation through the FAA Notice Criteria Tool (https://oeaaa.faa.gov/oeaaa/external/portal.jsp) also known as an FAA Form 7460-1 evaluation. The FAA response (a.k.a. determination) must be provided to the City in a form approved by the City. Reference City mapping data for the approximate area requiring this FAA height-based analysis of obstructions.

A determination of “no hazard” without any additional conditions is required prior to issuance of a building permit. A permit will not be issued if (A) a determination of hazard is issued; or (B) if a determination of no hazard is rendered, but with conditions imposed that affect airport, aircraft, and/or air carrier operations. Specific requirements relating to this Section are as follows:

A.    The owner of new development (and natural growth and construction equipment associated with new development) to be constructed within the Airport Vicinity Overlay district shall complete forms required by the City to comply with this Chapter and submit the completed forms with final plans. The owner shall comply with the requirements of the forms.

B.    The owner of new development (and natural growth and construction equipment associated with new development), to be located within the 20,000-foot radius of the Prescott Regional Airport, that penetrates the 100:1 slope from the nearest point of the runway, shall submit to the FAA the appropriate forms for FAA review. See FAA Form 7460-1. Before final plan approval, the owner shall submit the FAA response to FAA Form 7460-1.

C.    The owner of new development (and natural growth and construction equipment associated with new development), and more than 200 feet high, shall submit to the FAA the appropriate forms for FAA review. See FAA Form 7460-1. Before final plan approval, the owner shall submit the FAA response to FAA Form 7460-1.

D.    The owner of construction equipment to be located within the 20,000-foot radius of the Prescott Regional Airport, that penetrates the 100:1 slope from the nearest point of the runway, shall submit to the FAA the appropriate forms for FAA review. See FAA Form 7460-1. If the construction equipment is in violation of Federal Aviation Regulation (FAR) Part 77, the owner shall immediately remove the construction equipment as directed by the City.

E.    All applications for natural growth and new development shall be processed in accordance with the Land Development Code and all other applicable codes of the City of Prescott, including subsection C of this Section.

F.    Natural growth, construction equipment, solar arrays, use of lights/lasers, inflatables, drones or airspace uses, and new development in the Airport Influence Area shall not:

1.    Create electrical interference with communications between the airport, air traffic control, and aircraft.

2.    Make it difficult for pilots to distinguish between airport lights and other lights.

3.    Create glare affecting pilots and/or air traffic control.

4.    Impair visibility near the airport.

5.    Create potential wildlife strike hazards.

6.    Endanger or interfere with aircraft landing, takeoff, and maneuvering.

5.2.6 / Existing Structures and Natural Growth

A.    If natural growth is in violation of the protected airspace areas in this code, the owner shall immediately remove the natural growth as directed by the City.

B.    No use or natural growth or structure established prior to the effective date of this code is permitted to become a greater hazard to air navigation than it was on the effective date.

C.    The City may require the owner of a structure constructed after the effective date of this code to install marking and lighting on the structure if it is deemed necessary for airport safety. Marking and/or lighting shall be installed, operated, and maintained at the owner’s expense.

D.    Nothing in this Article requires any change in the construction or change in the intended use of any structure if the construction occurred prior to the effective date of this code.

5.2.7 / Critical Airspace Surfaces

To ensure the continued viability of air operations at Prescott Regional Airport, any evaluation of building or development permits shall consider the following “critical airspace surfaces”: Airport Impact Zones, Noise Contours, FAR Part 77 airspace surfaces (defined previously), and Airline One-Engine Inoperative (OEI) departure surfaces. Together these “critical airspace surfaces” require special protections.

Airline OEI departure procedures are required for airlines operating under Federal Aviation Regulation (FAR) Parts 121 and 135. FAR Parts 25 and 23 (Airworthiness Standards for Transport or Commuter Aircraft) establish these federally required OEI takeoff flight path requirements. The resulting OEI splay (flight path) considers obstacles beyond those evaluated in FAR Part 77 obstacle determination(s) for OEI procedures that differ from FAR Part 77 surfaces; also, obstacles cannot be mitigated in the same manner (i.e., red obstruction light) as may be permitted under FAR Part 77.

Negative impacts on critical airspace surfaces shall be grounds to deny or require modification of building permits or development permits, to eliminate or mitigate such impacts. Note that vegetative plantings and subsequent natural growth may adversely impact critical airspace surfaces and may be grounds to deny or require modification of building permits or development permits.

5.2.8 / Avigation Easements and Fair Disclosures

A.    Noise and Avigation Easement, Airport Influence Area

    Prior to issuance of any building or development permit for property within the Airport Influence Area (see Attachment 1 of the ordinance codified in this Section, map and legal description), the owner of said property shall provide the City of Prescott with an avigation easement over the subject property and release the City of Prescott from all liability for any and all claims for damages including, but not limited to, dust, noise, vibration, fumes, fuel and lubricant particles.

    The avigation easement and release form shall be available from the City of Prescott. This requirement will apply to all properties at the earliest of any development or construction submittal. Such submittals include, but are not limited to, preliminary plat applications, site plan approval applications, rezoning applications, or building or infrastructure permit applications.

    Areas within the Airport Influence Area may lie outside of the corporate limits of Prescott. An avigation easement shall be required for properties in areas outside of the corporate limits of Prescott prior to the provision of municipal services from the City of Prescott.

    The Airport influence Area is described to include the following parcels:

    Parcel 1 All of Sections 1, 2 and 3, Township 14 North, Range 02 West, Gila and Salt River Base and Meridian, Yavapai County, Arizona.

    Parcel 2 All of Sections 5 and 6, Township 14 North, Range 01 West, Gila and Salt River Base and Meridian, Yavapai County, Arizona.

    Parcel 3 All of Sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35 and 36, Township 15 North, Range 02 West, Gila and Salt River Base and Meridian, Yavapai County, Arizona.

    Parcel 4 All of Sections 8, 9, 16, 17, 18, 19, 20, 29, 30, 31 and 32, Township 15 North, Range 01 West, Gila and Salt River Base and Meridian, Yavapai County, Arizona.

B.    Fair Notice Disclosure

    Each owner of a property located within the AVO boundaries shall make fair disclosure to each purchaser or renter within the Airport Influence Area using the recorded Public Airport Disclosure Map. Proposed developments with covenants, conditions and restrictions (CC&Rs) shall include the disclosure in the CC&Rs to be recorded with the subdivision.

5.2.9 / Existing Noise-Sensitive Uses

Uses established prior to the effective date of this Section may continue to operate within the provisions of their underlying zoning. Principal uses, along with their customary accessory uses, may continue, may expand to the extent allowed by the underlying zoning, and shall not be deemed nonconforming solely by the establishment of the Airport Vicinity Overlay district.

5.2.10 / Prior Approval of Final Plats

Subdivision final plats approved by Council prior to the effective date of this Section may continue to develop as depicted on the approved plat, subject to compliance with the provisions of the underlying zoning. Development occurring within and in conformance with such plats shall not be deemed nonconforming solely by the establishment of the Airport Vicinity Overlay District.

5.2.11 / Penalties

This code is subject to enforcement and penalties per City Code Title I, Chapter 1-3, General Penalty: Misdemeanors, Civil Violations, Continuing Violations.

5.3.1 / Purpose

The Commercial Corridor Overlay (CCO) District is intended to promote quality commercial, industrial, and multi-family development that is compatible with surrounding natural areas and/or developed and developing residential neighborhoods. All new development in the CCO District should:

A.    Minimize the impacts of new commercial development on nearby neighborhoods;

B.    Protect and enhance the character of highway and arterial corridors, which are mainly defined by surrounding residential neighborhoods and scenic natural features;

C.    Create pleasing places to view and experience through thoughtful building orientation, parking placement, pedestrian access, landscaping and screening;

D.    Integrate new development, functionally, internally and externally to the site and to surrounding neighborhoods;

E.    Preserve safe and logical access, and the carrying capacity of designated corridors;

F.    Promote the provision of usable pedestrian areas, such as plazas with street furniture, public art, and etc.; and

G.    Ensure the provision of public services and facilities needed to accommodate planned land uses and population densities, as well as vehicular-, pedestrian- and bike- access.

5.3.2 / Applicability

CCO District standards apply to the development of the following on properties located within the boundaries of the CCO District as identified on the Official Zoning Map. Any parcel split by a CCO boundary line shall be subject, in its entirety, to the CCO standards.

A.    New multi-family residential and nonresidential construction; or

B.    Any addition to an existing multi-family residential or nonresidential structure, or an interior or exterior remodeling, equal to 50 percent or more of the building’s size or value at the time of permit application.

5.3.3 / Administrative Adjustment

The Community Development Director may approve an administrative adjustment to the standards of this section pursuant to the requirements of Sec. 9.16, Administrative Adjustments, under any of the following circumstances:

A.    Where due to special physical characteristics applicable to a property, the strict application of requirements of this section would create an undue hardship; and

B.    Where adjustment by up to 10% of the standard or requirement will enhance achievement of Sec. 5.3.1, Purpose; and

C.    Where such adjustment is the minimum necessary to achieve the desired purpose.

5.3.4 / Public Informational Meetings

A.    Meetings Required

Public informational meetings shall be required before the City Council for projects that:

1.    Exceed 100,000 square feet in gross floor area; and

2.    Exceed 400 parking spaces.

B.    Timing of Informational Meetings

All Informational Meetings shall be held after a Pre-Application meeting has been held, yet early enough in the design process to allow consideration of citizens’ suggestions.

C.    Required Information

The applicant shall provide the following information for all Informational Meetings:

1.    Scaled site plan no smaller than 24" by 36" showing access points, parking, landscaping, any required buffering and screening, building footprints, service areas and equipment locations;

2.    Scaled building elevations (both 24" x 36" and 8 ½” x 11" reductions) depicting proposed, front, sides and rear;

3.    Color chips with the Light Reflectance Value (LRV) specified (the provided color elevations need to only approximate the proposed colors); and

4.    Descriptions of roof treatments, building finish materials and colors, and the types of skylights if used.

5.3.5 / Optional Planning and Zoning Commission Site Plan Review

The Community Development Director may require a Planning and Zoning Commission Site Plan Review pursuant to the requirements of Sec. 9.8. In such cases, an Informational Meeting may be required pursuant to Sec. 5.3.4.

5.3.6 / Allowed Uses

Uses are allowed in the CCO overlay district in accordance with the underlying zoning district in accordance with the requirements of Sec. 2.3, Use Table.

5.3.7 / Density and Dimensional Standards

All development in the CCO overlay district is subject to the density and dimensional standards of underlying zoning district standards specified in Sec. 2.7, Density and Dimensional Standards, including but not limited to the Major Streets Setbacks of Sec. 2.7.3D.9, other applicable provisions of this Code.

5.3.8 / District Standards

In addition to standards of the underlying zoning district and other applicable standards of this Code, the following standards shall apply in the CCO district:

A.    Minimum Lot Area: per underlying zoning district requirements

B.    Off-Street Parking

The Community Development Director may:

1.    Approve an Administrative Adjustment pursuant to Sec. 9.16, reducing Side and Rear Setbacks where shared parking is provided pursuant to Sec. 6.2.10B, Shared Parking.

2.    Require that up to 5 percent of the required parking area be reserved for park-and-ride within commercial developments of 100,000 square feet or more of gross floor area.

C.    Pedestrian Access and Amenities

1.    Paved pedestrian accessways shall be provided within and between business use sites pursuant to the requirements of Sec. 7.4.6, Pedestrian and Biking Facilities.

2.    Provision for outdoor seating and pedestrian plaza areas are encouraged to serve employees and clientele and to promote pedestrian activities.

D.    Architectural Standards

The following standards are intended to promote creative and high quality architectural design that offers interest, variety, and human scale, and complement the natural backdrop and terrain of the CCO district. Designs should be sensitive to commercial and nearby residential neighborhoods as well as to human scale and pedestrian needs. Building features, signage and landscaping should be coordinated and integrated.

1.    Building Façade/Fenestration

To promote creativity and high quality building design, architectural style is not limited. Building massing, shape, and color shall be used to minimize the visual scale and bulk of large projects and buildings, and more specifically:

a.    Exhibit a unity of design for buildings within multi-building complexes through the use of similar elements such as rooflines, materials, window arrangement, sign location, and details.

b.    Incorporate, within all walls over 100 feet in length or higher than 35 feet, at least 4 recesses, wall off-sets, balconies, angular forms, windows, canopies, arcades, colonnades, color changes, and material bands and other features within each 100-foot length to provide a visually interesting shape.

c.    Contiguous to streets and residential areas, side and rear façades shall be compatible with the overall building design concept and treated architecturally to avoid blank walls and monotonous elevations unless otherwise obscured from view.

2.    Building Materials

Low maintenance and high quality building materials shall be required in all cases. Metal siding and glass curtain walled buildings are discouraged.

3.    Building Colors

Utilize medium to darker earth tones and non-reflective materials on all structures, including roofs, to minimize contrast and blend with the surrounding natural landscape, specifically:

a.    Buildings, roofs, and fences shall be constructed, finished, and/or painted so that the light reflectivity is no greater than 60 Light Reflectance Value (LRV); except:

b.    Trim work using colors greater than 60 LRV may be allowed by the Community Development Director if kept to no more than 10 percent of the building façade area where glass coverage is less than 1/3 of the total square footage of the façade;

4.    Roofs

Roof designs shall minimize daytime glare and illumination visible from surrounding streets, properties, and residential neighborhoods.

a.    Roof surfaces shall have a maximum 60 LRV.

b.    Metal roofs shall be coated in a matte finish to reduce glare and light reflectivity to no greater than 60 LRV;

c.    Roofs that are visible from contiguous streets shall have a minimum 3:12 pitch, parapet walls or some other form of screening a flat roof.

d.    Commercial building skylights visible from surrounding residential areas shall be shielded, tinted, or otherwise visually subdued as necessary to control both daytime glare and nighttime glow.

e.    Roof-mounted equipment shall be screened in a manner integrated with the roof structure and color, and in accordance with the requirements of Sec. 6.5.8E, Mechanical Equipment.

f.    Flat roofs shall be painted or rocked the color similar to that of the building.

E.    Sign Lighting

All sign lighting shall be turned off one hour after closing of business or by 10PM, whichever is later. Provided, however, that identification signs for multi-tenant commercial centers may remain on throughout the night.

5.4.1 / Applicability

The design guidelines, provisions and district maps of the Historic Preservation Code, as said Code may be amended from time to time, shall be incorporated herein by reference. The Historic Preservation Code shall apply to all development within the established historic preservation overlay districts (HPO). Whenever there is conflict between the specific guidelines and provisions administered by the Preservation Commission and this LDC, the more restrictive shall apply.

5.4.2 / District Standards and Procedures

All development in designated HPO Districts shall be in accordance with the specific guidelines, provisions, and procedures of the respective districts, as set forth in Sec. 5.4.3 below.

5.4.3 / Districts Designated

HPO Districts designated by the Prescott Preservation Commission, incorporated by reference, include the following:

A.    #1 Courthouse Plaza District (Ord. 3744, adopted April 14, 1998, as amended by Ord. 4119, June 26, 2001)

B.    #2 Elks Theater, #3 Edmund Wells House, #3 Sam Hill Warehouse, #7 Hassayampa Inn District (Amended by Ord. #3535, Sept. 24, 1996)

C.    #12 Fort Necessity Site District (Ord. 3434, adopted Nov. 14, 1995)

D.    #10 Pine Crest District (Ord. 3272, adopted Sept. 27, 1994)

E.    #11Prescott Armory District (Ord. 3279, adopted Nov. 8, 1994)

F.    #9 Rev. E. Meany House District (Ord. 3432, adopted Nov. 14, 1995)

G.    #8 Santa Fe Depot District (Ord. 1986, adopted March 22, 1988)

H.    #13 Southeast Prescott District (Ord. 3433, adopted Nov. 14, 1995)

I.    #6 Union Street District (Ord. 1482, adopted Nov. 10, 1980)