A.   Establishment and membership. The Council shall appoint the Planning and Zoning Commission, composed of seven residents of the Town appointed for three-year staggered terms, who shall serve at the pleasure of the Council, without pay, and shall perform the duties prescribed by Title 9, Chapter 4, Articles 6, 6.1 and 6.2 of the Arizona Revised Statutes.

   B.    Staff.

      1.   The Council may hire clerical and technical aid for the Commission.

      2.   The Zoning Administrator shall serve as ex-officio member (without vote) of the Commission and shall make recommendations concerning the matters before it.

   C.    Officers. The Commission shall elect its own chair and vice-chair from its membership.

      1.   Elections for chair and vice-chair shall occur at the November Commission meeting in odd-numbered calendar years.

      2.   A chair or vice-chair may not consecutively serve more than one full two-year term.

         a.   A member may serve as chair or vice-chair for more than one two-year term so long as the terms are not consecutive.

         b.   A member who serves an abbreviated term as chair or vice-chair as a result of a vacancy may be elected to a full two-year term at the conclusion of the abbreviated term.

      3.   If the office of chair becomes vacant, the vice-chair shall automatically become chair for the remainder of the term.

      4.   If the office of vice-chair becomes vacant, an election shall be held for the office of vice-chair for the remainder of the term.

   D.   Member removal. If any Commission member is absent for three consecutive meetings or commits misconduct, the Commission may place an item on the next available agenda to recommend that the Council remove the member and appoint a replacement.

   E.    Rules. The Commission shall adopt such other rules for its operation as may be needed from time to time (provided that such rules shall not be inconsistent with any provisions of this Chapter), and shall conduct all meetings according to Robert's Rules of Order.

   F.    Duties. The Commission shall:

      1.   Formulate, create, and administer any lawful plan duly adopted by the Council for the present and future growth of the Town pertaining to the use of land and buildings for any purpose

      2.   Undertake all incidental activities usually associated with the plans formulated, created, or administered by the Commission

      3.   Undertake all activities and commonly known as "Planning and Zoning"

      4.   Make or cause to be made a continuous study of the best present and future use to which land and buildings shall be put within the Town and in cooperation with adjacent areas

      5.   Recommend to the Council revisions in such plans which, in the opinion of the Commission, are in the best interests of the citizens of the Town

      6.   Promulgate rules of procedure for approval by the Council

      7.   Supervise the enforcement of rules of procedure promulgated by the Commission and adopted by the Council

      8.   Establish a uniform schedule of fees for service, to become effective upon approval by the Council, with all receipts to be paid into the general fund of the Town

   G.    Meetings. The Commission shall provide in its rules for its meetings.

      1.   Special meetings of the Commission may be called by the chair.

      2.   Any three members of the Commission may make written request to the chair for a special meeting, and if the special meeting is not called, the three members may call the special meeting in the manner and form as provided in the Commission rules.

   H.    Voting. Four members of the Commission shall constitute a quorum.

      1.   The affirmative vote of four members shall be required for passage of any matter before the Commission.

      2.   The minutes of Commission meetings shall reflect the "ayes" and "nays" cast on a particular measure and shall reflect the vote of each member present.

      3.   A member may abstain from voting only upon the member s declaration of a conflict of interest, in which case the member shall take no part in the deliberations on the matter in question.

   I.   Commission public hearing. The Commission shall hold a public hearing on any proposed rezoning or amendment to this Chapter.

      1.   After the public hearing, the Commission shall provide sufficient information concerning the Commission’s reasons for the recommendation for the Town staff to prepare a written summary of the Commission’s recommendation to the Council, including, if applicable, adopting or incorporating by reference Town staff’s recommendation.

      2.   The Town staff’s written summary of the Commission’s recommendation will be transmitted to the Council within ten days of the public hearing.

   J.   Council public hearing. The Council shall then hold a second hearing on any proposed rezoning or amendment to this Chapter.

   K.    Decision. After the Council public hearing, the Council shall make a final determination on the proposal and may adopt or reject, in whole or part, the Commission’s recommendation.

   L.    Notice. Notice of the public hearings by the Commission and Council shall be provided in the form, time, and manner specified in A.R.S. § 9-462.04.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at Article 13-28. Prior history: Ordinance Nos. 9 (06/28/1979), 37 (09/04/1980), 42 (10/07/1980), 178 (05/26/1988), 375 (12/28/1995), 645 (01/26/2006), 2023-929 (11/09/2023))

   A.   Establishment and membership. The Council shall appoint the Board of Adjustment, composed of five residents of the Town appointed for three-year staggered terms, who shall serve at the pleasure of the Council, without pay, and shall perform the duties prescribed by A.R.S. § 9-462.06.

   B.   Appointee restrictions. No Board of Adjustment member shall be an employee of the Town, a member of the Commission, or an employee of a member of the Commission.

   C.    Staff. The Zoning Administrator shall serve as an ex-officio member (without vote) of the Board of Adjustment, and shall make recommendations concerning the matters before the Board of Adjustment.

   D.    Officers.

      1.   Chair and vice-chair selection. The Board of Adjustment shall elect its own chair and vice-chair from its membership, each of whom shall serve for a period of one year from date of election. Upon the expiration of the term of office of the chair, or in any event where the office shall become vacant, the vice-chair shall automatically become chair and an election shall be held for the office of vice-chair.

      2.   Chair duties. The chair shall be the executive officer of the Board of Adjustment with the power to administer oaths of witnesses and take evidence, and shall preside over Board of Adjustment meetings.

      3.    Secretary. The Board of Adjustment shall select a secretary, who may be a member of the Board of Adjustment or a Town staff member, who shall cause minutes of Board of Adjustment meetings to be kept, showing records of votes, examinations, and other official actions (all of which shall be filed in the office of the Zoning Administrator).

   E.   Member removal. If any Board of Adjustment member is absent for three consecutive meetings or commits misconduct, the Board may place an item on the next available agenda to recommend that the Council remove the member and appoint a replacement.

   F.    Rules. The Board of Adjustment shall adopt such other rules for its operation as may be needed from time to time (provided that such rules shall not be inconsistent with any provisions of this Chapter), and shall conduct all meetings according to Robert's Rules of Order.

   G.    Meetings. Board of Adjustment meetings shall be open to the public.

   H.    Quorum. Three members of the Board of Adjustment shall constitute a quorum.

   I.    Submission. Appeals to the Board of Adjustment may be taken by persons aggrieved or by any officer, department, board, or bureau of the Town affected by a decision of the Zoning Administrator, within a reasonable time, by filing with the Zoning Administrator and with the board a notice of appeal specifying the grounds of the appeal. The Zoning Administrator shall immediately transmit all records pertaining to the action appealed from to the board.

   J.    Meeting. The Board of Adjustment shall fix a reasonable time for hearing the appeal, and shall give notice of hearing by both publication in a newspaper of general circulation in accordance with A.R.S. § 9-462.04 and posting the notice in conspicuous places close to the property affected.

   K.   Stay of proceedings. An appeal to the Board of Adjustment stays all proceedings in the matter appealed from, unless the Zoning Administrator certifies to the board that, in the Zoning Administrator’s opinion by the facts stated in the certificate, a stay would cause imminent peril to life or property. On the certification proceedings shall not be stayed, except by restraining order granted by the board or by a court of record on application and notice to the Zoning Administrator. Proceedings shall not be stayed if the appeal requests relief that has previously been denied by the board except pursuant to a special action in superior court as provided in A.R.S. § 9-462.06 paragraph K.

   L.   Submission requirements. Where an application involves a definite development scheme, it must be accompanied by:

      1.   A layout and landscape plan stamped by a registered landscape architect;

      2.   A typical building elevation and other pertinent development characteristics;

      3.   The total cost of the project; and

      4.   Evidence of the ability and intention of the applicant to proceed with actual construction and diligently pursue it to completion.

   M.    Powers. The Board of Adjustment is authorized to:

      1.   Decide if there is error in any order, requirement, or decision of the Zoning Administrator in the enforcement of this Chapter

      2.   Reverse or affirm, wholly or partly, or modify the order or decision appealed from and make such order or decision as ought to be made (and, to that end, shall have the powers of the Zoning Administrator)

      3.   Interpret this Chapter when the meaning of any word, phrase or section is in doubt, or where doubt exists as to whether a non-listed use is similar enough to listed uses as to clearly have been intended to be included in a zone, either as a permitted use or a conditional use.

      4.   Hear and decide appeals for variances from the terms of this Chapter only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of this Chapter will deprive the property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted is subject to conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is located.

      5.   Determine the location of a zone boundary where doubt exists as to its location on the zoning map.

      6.   Modify the Zoning Administrator’s requirements in instances where a use is conditional upon certain stipulations specified by the Zoning Administrator.

      7.   Hear and determine appeals from notices to abate public nuisances under Town Code Article 9-04a (Junked Motor Vehicles) and from notices of intent to abate nuisances and remove vehicles under Town Code Article 11-04 (Abandoned Vehicles).

   N.   The Board of Adjustment may not:

      1.   Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of this Chapter, provided the restriction in this subparagraph shall not affect the authority to grant variances pursuant to this section.

      2.   Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.

   O.    Voting. The affirmative vote of three members shall be required for passage of any matter before the Board of Adjustment.

      1.   The minutes of Board of Adjustment meetings shall reflect the “ayes” and “nays” cast on a particular measure and shall reflect the vote of each member present.

      2.   A member may abstain from voting only upon the member’s declaration of a conflict of interest, in which case the member shall take no part in the deliberations on the matter in question.

      3.   The Board shall issue a decision within 30 days after all parties have completed their submission of evidence and arguments.

      4.   If one or more Board members are absent at the time set for the Board of Adjustment to hear the appeal and the applicant requests a continuance before testimony is begun or evidence is introduced, the appeal shall be continued to a date when the full Board membership is in attendance.

   P.   A variance for a specific development scheme shall expire if permits are not obtained and work is not begun within six months after the variance is granted or if construction is not diligently pursued, unless a period longer than six months is granted or an extension of time is secured from the Zoning Administrator or, on appeal, from the Board of Adjustment.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at Article 13-29. Prior history: Ordinance Nos. 9 (06/28/1979), 23 (02/13/1980), 37 (09/04/1980), 42 (10/07/1980), 164 (11/12/1987), 170 (01/14/1988), 171 (01/14/1988), 178 (05/26/1988), 295 (07/22/1993), 341 (11/03/1994), 375 (12/28/1995), 500 (04/26/2001), 541 (02/27/2003), 559 (07/10/2003), 588 (03/25/2004), 638 (10/13/2005))

   A.   The Zoning Administrator shall be appointed by the Town Manager to administer, enforce, implement, and interpret this Chapter.

   B.   The Zoning Administrator is the “zoning administrator” for purposes of Title 9, Chapter 4, Article 6.1 of the Arizona Revised Statutes.

(Added by Ordinance No 2024-947, 12/11/2024)

   A.   The Code Official shall be appointed by the Town Manager to assist the Zoning Administrator in enforcing this Chapter.

   B.   The Code Official and one or more designees of the Code Official are authorized to enforce this Chapter independently of the Zoning Administrator so long as the enforcement is consistent with the Zoning Administrator’s interpretation of this Chapter.

(Added by Ordinance No 2024-947, 12/11/2024. Prior history: Ordinance Nos 9 (06/28/1979), 37 (09/04/1980), 173 (05/26/1988), 375 (12/28/1995), 607 (12/02/2004))

   A.   A zoning permit shall be required for any building or structure which is 200 square feet or less in size; all fences that are four feet in height or greater; and all signs that are exempt from building permit requirements under Town Code section 7-01-040(D). All applications for a zoning permit shall be submitted to the Development Services Department on forms supplied therein, together with a plot plan and any other information required by the Zoning Administrator for the enforcement of this Chapter. All such permits shall be obtained prior to the start of construction. No such permit shall be required for improvements of a value not exceeding $500, nor for new construction of a value not exceeding $100. Value of construction shall be deemed to include cost of materials and normal labor charges. Nothing herein contained shall require any change in plans, construction, size or designated use of any structure, or part thereof, the construction of which had been started prior to coming under the influence of these regulations and diligently pursued, provided a zoning or building permit was secured prior to commencing where the value of such exceeds $1,000.

   B.   Permit issuance. For each permit issued the Zoning Administrator shall provide:

      1.   To the applicant a fee receipt and copy of an approved plot plan (if applicable).

      2.   To the Town Clerk one copy of the permit fee receipt.

   C.   Information required. The applicant shall provide:

      1.   Street address (if any) and legal description of the property and dimensions thereof.

      2.   Nature of the proposed use of the structure and premises and cost of structures.

      3.   Dimensions, area, and height of each improvement.

      4.   Location of existing and proposed structures on the lot and spacing between same.

      5.   Such other information as the Zoning Administrator may require for the purpose of determining whether the application complies with the requirements of this Code.

   D.   Permit validity: No zoning permit presuming to give authority to violate any of the provisions of this Chapter or any existing law shall be issued, and if issued shall not be valid except insofar as the work or use which it authorizes is lawful and permitted. In all other instances, the permit is valid provided:

      1.   Construction begins within six months of the permit and is then diligently pursued; and

      2.   Any requirements, conditions, or stipulations of the permit are complied with.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-27-020. Prior history: Enacted by Ordinance No. 9, 06/28/1979; renumbered and amended by Ordinance No. 37, 09/04/80; replaced and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 268, 12/12/1991; amended by Ordinance No. 607, 12/02/2004; amended by Ordinance No. 894, 01/13/2022)

   A.   For good and probable cause in the discharge of his or her duties as stated in this Chapter, the Zoning Administrator or Code Official (or any deputy Code Official) may enter any premises, building, or other structure during normal working hours:

      1.   In connection with any application made under the terms of this Chapter, or

      2.   To investigate whether any portion of the premises, building, or other structure is being used in violation of this Chapter.

   B.   Unless the owner or occupant willingly allows inspection, the owner or occupant of any premises sought to be inspected shall be given written notice in person or by registered mail at least 24 hours prior to the inspection.

   C.   Every person who denies, prevents, obstructs, or attempts to obstruct access to the premises after receipt of written notice shall be guilty of a class 1 misdemeanor.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-27-040. Prior history: Enacted by Ordinance No. 9, 06/28/1979; renumbered by Ordinance No. 37, 09/04/1980; replaced and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 600, 07/22/2004)

All other permit applications provided for in this Chapter shall be filed with the Development Services Department.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-27-050. Prior history: Enacted by Ordinance No. 9, 06/28/1979; renumbered by Ordinance No. 37, 09/04/1980; replaced and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 375, 12/28/1995; amended by Ordinance No. 607, 12/02/2004; amended by Ordinance No. 894, 01/13/2022)

   A.   Fees and charges for zoning permits, zoning clearances, hearing applications, and other applications and activities set forth in this Chapter shall be in accordance with the comprehensive fee schedule approved by the council and amended from time to time and on file in the office of the Town Clerk.

   B.   Any fee shall be doubled for failure to apply prior to commencing construction or sale of lots.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-27-060. Prior history: Enacted by Ordinance No. 241, 09/27/1990; amended by Ordinance No. 337, 10/13/1994; amended by Ordinance No. 398, 09/12/1996; amended by Ordinance No. 439, 06/25/1998; amended by Ordinance No. 527, 07/25/2002; amended by Ordinance No. 607, 12/02/2004; amended by Ordinance No. 780, 11/21/2013; amended by Ordinance No. 837, 11/16/2017; amended by Ordinance No. 839, 02/22/2018; amended by Ordinance No. 2023-929, 11/09/2023)

   A.   A conditional use permit is required for specified uses that are not permitted outright in a particular zoning district but that may be appropriate for a particular location or with restrictions that mitigate actual or potential impacts of the use.

   B.   Conditional use permit applications must be accompanied by:

      1.   A layout;

      2.   A landscape plan stamped by a registered landscape architect (not required for a manufactured home on its own individual lot);

      3.   Building elevations and other pertinent development characteristics;

      4.   An estimate of the total cost of the project, and evidence of the applicant’s ability to complete the project; and

      5.   Civil, mechanical, structural, or electrical engineering information, certified by an Arizona licensed professional engineer, as needed to support the application.

   C.   A conditional use permit application shall be submitted to the Zoning Administrator for consideration.

      1.   Upon receiving a conditional use permit application signed by the property owner, the Zoning Administrator shall send notice by first class mail to each real property owner, as shown on the last assessment of the property, within 300 feet of the property for which the conditional use permit is sought, describing the requested use and stating that objections to the requested use must be submitted in writing to the Zoning Administrator within ten business days after the date of the notice.

      2.   After the ten-day period for objections, and no later than 20 business days after sending notice to surrounding property owners, the Zoning Administrator shall render a decision to issue or deny the conditional use permit, making findings based on upon the requirements of this section. The Zoning Administrator may issue the conditional permit with or without imposing conditions on the use to mitigate actual or potential impacts of the use.

      3.   The Zoning Administrator shall give notice of the decision to the applicant and to anyone who submitted a written objection to the requested use.

      4.   The applicant, an affected property owner, or a Council member may appeal the decision of the Zoning Administrator to issue or deny a conditional use permit by filing a written notice of appeal to the Town Clerk within ten business days after the date of the Zoning Administrator’s notice of decision.

   D.   The Council shall issue its decisions on the appeal of a conditional use permit application within 30 days after the public hearing has been held on the appeal.

(Enacted by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-21-110.Prior history: Ordinance Nos. 9 (06/28/1979), 37 (09/04/1980), 178 (05/26/1988) and 439 (06/25/1998))

   A.   A special use permit is required for specified uses that are not permitted outright in a particular zoning district but that may be appropriate for a particular location or with restrictions that mitigate actual or potential impacts of the use through a more rigorous process than the conditional use permit process.

   B.   Special use permits are issued by the Council after a recommendation from the Commission.

   C.   Special use permit applications must be submitted to the Development Services Department and accompanied by the same information as required for a conditional use permit (see subsection 13-13-090 B).

   D.   Upon receiving a special use permit application signed by the property owner, after determining that the application is complete, and not less than 15 days prior to the Commission hearing, the Development Services Department shall send notice by first class mail to each real property owner, as shown on the last assessment of the property, within 500 feet of the property for which the special use permit is sought, explaining the substance of the proposed application and setting forth the time, date, and location of the Commission and Council hearings on the application.

   E.   The Commission shall hold a public hearing on the special use permit application, and shall make a recommendation to the Council to approve or deny the application.

   F.   The Council shall hold a public hearing on the special use permit application, and shall approve or deny the application.

(Added by Ordinance No 2024-947, 12/11/2024.)

   A.   The requirements of this section apply to all conditional use permits and special use permits except when the requirements of this section directly contradict the provisions of the final approved conditional use permit or special use permit.

   B.   The granting of a conditional use permit or special use permit is a matter of discretion, not of right (conditional or otherwise). The burden of proof lies with the applicant to satisfactorily show that any structure that is involved will not be detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general, and that the same will be in full conformity with any conditions, requirements or standards prescribed by or under this Chapter.

   C.   In approving an application (in all or in part), the Zoning Administrator and the Council may impose conditions of approval that will mitigate any adverse impacts or effects of the proposed use and advance the objectives of this Chapter, and may require guarantees to ensure compliance with the conditions of approval.

   D.   Failure to comply with conditions of approval shall be treated as a zoning violation.

   E.   The granting of any conditional use permit or special use permit shall be contingent upon building permits being obtained within six months and work being diligently pursued to completion. Failure to meet this condition shall void the conditional use permit or special use permit unless an extension of time is secured from the Zoning Administrator (for a conditional use permit) or the Council (for a special use permit).

   F.   A conditional use permit or special use permit granted without an operational time limit authorizes the permitted use to operate permanently in accordance with the requirements of this Chapter and the requirements imposed as a condition of approval of the conditional use permit or special use permit.

   G.   Any use allowed by conditional use permit or special use permit may also be allowed when it is expressly authorized as a condition of rezoning and included in the approved preliminary development plan. The use shall comply with any mitigation measures or other requirements and conditions imposed on the use as part of the rezoning approval.

(Added by Ordinance No 2024-947, 12/11/2024.)

   A.   Purpose annexation. The uses and densities permitted under county zoning and in county zoning districts do not directly correlate to the uses and densities permitted in the most closely comparable Town of Prescott Valley zoning districts. Upon annexation, this section is intended to authorize the Council to conditionally permit uses and densities permitted by the county immediately before annexation upon translation of county zoning to the most closely comparable Town of Prescott Valley zoning classification.

   B.   Purpose diminution claim. Town of Prescott Valley code text and zoning amendments sometimes result in the filing of a claim for diminution of property value under A.R.S. § 12-1134. Upon receiving a diminution claim, this section is intended to authorize the Council to conditionally permit uses and densities permitted prior to the amendment that resulted in the diminution claim.

   C.    Applicability. The special procedures and authority set forth in this section apply only to the translation of county zoning to Town of Prescott Valley zoning upon annexation of property or to the reinstatement of uses and densities in response to a diminution claim.

   D.    Procedure. Conditional uses approved pursuant to this section shall be included in an ordinance adopted by Council translating county zoning upon annexation or in a Council action in response to a diminution claim.

   E.    Findings. In determining whether to approve one or more conditional uses pursuant to this section, the Council shall consider whether the proposed use or uses:

      1.   Will adversely affect the orderly development and improvement of surrounding property for uses permitted within the zoning district;

      2.   Will be injurious to the use and enjoyment of property in the immediate vicinity for the purposes already permitted, or substantially diminish or impair the property values within the neighborhood;

      3.   Will adversely affect town revenues;

      4.   Conform to the character of the neighborhood, within the same zoning district, in which it is located, considering the location, type, and height of the buildings or structures and the type and extent of landscaping and screening on the site;

      5.   Is on a proposed site adequate in size and shape to accommodate the intended use;

      6.   Will have ingress and egress designed to minimize traffic hazards and to minimize traffic congestion on the public roads;

      7.   Is consistent with the general plan and other adopted town plans;

      8.   Is noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas; and

      9.   Will have adequate public utilities, access roads, drainage, fire protection, and other necessary facilities.

   F.    Conditions. Conditional uses approved by the Council pursuant to this section may include conditions the Council deems necessary to mitigate potential impacts and ensure compatibility of the use with surrounding development and the town as a whole, including without limitation those considerations set forth in paragraph E of this section.

   G.   Modification of conditional use. A request to modify, expand, or otherwise change a conditional use approved by the Council pursuant to this section shall be processed according to the provisions for the initial consideration of conditional uses under this section.

   H.    Revocation. Failure to comply with the conditions, stipulations, or terms of the approval of a conditional use is a zoning violation.

   I.   Status of the conditional use. A conditional use approved pursuant to this section shall run with the land and continue to be valid regardless of ownership of the property or structure so long as it operates within the conditions, stipulations, and terms of the approval.

(Enacted by Ordinance No 2024-947, 12/11/2024)