13-02-010 Effective date and legal nonconforming uses
A. This Chapter shall apply as of the date of its original adoption by Ordinance No. 9 on June 28, 1979.
B. Nothing in this Chapter shall affect existing property or the right to its continued use for the purpose used when this Chapter or any applicable amendment to it took effect, nor to any reasonable repairs or alterations in buildings or property used for such existing purpose. A use that conformed to this Chapter when it was established but no longer conforms is a legal nonconforming use, and a building or structure that conformed to this Chapter when it was built but no longer conforms is a legal nonconforming building or structure.
C. The zoning requirements for any development, subdivision, or lot, submitted to Yavapai County before annexation into the Town, thereafter approved, and not substantially altered shall be those in effect in Yavapai County when the plans were submitted.
D. The right to continue a legal nonconforming use, building, or structure shall terminate in any of the following circumstances:
1. When the use is changed to something other than the legal nonconforming use; or
2. When the legal nonconforming use, building, or structure is abandoned or discontinued for a period of one year or more; or
3. When a legal nonconforming business or manufacturing building or structure is damaged by fire or other casualty to the extent of 50% of its replacement cost at the time the damage occurs.
E. No non-residential use shall be enlarged, extended, or otherwise expanded after it becomes a legal nonconforming use.
F. This section does not apply to outdoor light fixtures, which shall comply with Article 13-12 (Outdoor Lighting Requirements).
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at sections 13-04-010 and -020. Prior history: Enacted by Ordinance No. 9, 06/28/1979; reenacted and amended by Ordinance No. 37, 09/04/1980; repealed and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 276, 06/11/1992; amended by Ordinance No. 375, 12/28/1995; amended by Ordinance No. 521, 05/09/2002)
A. Areas annexed into the Town of Prescott Valley shall initially be assigned zoning district designations permitting densities and uses no greater than those permitted by Yavapai County immediately before annexation.
B. Any use or activity conducted contrary to County zoning regulations at the effective date of annexation and not constituting a nonconforming use under the County zoning regulations shall not be considered a nonconforming use by the Town, and the continuance of the use or activity shall constitute a violation of this Chapter.
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-05-040. Prior history: Enacted by Ordinance No. 9, 06/28/1979; reenacted and amended by Ordinance No. 37, 09/04/1980, 13-05-030; repealed and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 375, 12/28/1995; amended by Ordinance No. 399, 10/10/1996)
Prescott Valley City Zoning Code
ARTICLE 13
02. APPLICATION OF ZONING ORDINANCE
13-02-010 Effective date and legal nonconforming uses
A. This Chapter shall apply as of the date of its original adoption by Ordinance No. 9 on June 28, 1979.
B. Nothing in this Chapter shall affect existing property or the right to its continued use for the purpose used when this Chapter or any applicable amendment to it took effect, nor to any reasonable repairs or alterations in buildings or property used for such existing purpose. A use that conformed to this Chapter when it was established but no longer conforms is a legal nonconforming use, and a building or structure that conformed to this Chapter when it was built but no longer conforms is a legal nonconforming building or structure.
C. The zoning requirements for any development, subdivision, or lot, submitted to Yavapai County before annexation into the Town, thereafter approved, and not substantially altered shall be those in effect in Yavapai County when the plans were submitted.
D. The right to continue a legal nonconforming use, building, or structure shall terminate in any of the following circumstances:
1. When the use is changed to something other than the legal nonconforming use; or
2. When the legal nonconforming use, building, or structure is abandoned or discontinued for a period of one year or more; or
3. When a legal nonconforming business or manufacturing building or structure is damaged by fire or other casualty to the extent of 50% of its replacement cost at the time the damage occurs.
E. No non-residential use shall be enlarged, extended, or otherwise expanded after it becomes a legal nonconforming use.
F. This section does not apply to outdoor light fixtures, which shall comply with Article 13-12 (Outdoor Lighting Requirements).
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at sections 13-04-010 and -020. Prior history: Enacted by Ordinance No. 9, 06/28/1979; reenacted and amended by Ordinance No. 37, 09/04/1980; repealed and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 276, 06/11/1992; amended by Ordinance No. 375, 12/28/1995; amended by Ordinance No. 521, 05/09/2002)
A. Areas annexed into the Town of Prescott Valley shall initially be assigned zoning district designations permitting densities and uses no greater than those permitted by Yavapai County immediately before annexation.
B. Any use or activity conducted contrary to County zoning regulations at the effective date of annexation and not constituting a nonconforming use under the County zoning regulations shall not be considered a nonconforming use by the Town, and the continuance of the use or activity shall constitute a violation of this Chapter.
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-05-040. Prior history: Enacted by Ordinance No. 9, 06/28/1979; reenacted and amended by Ordinance No. 37, 09/04/1980, 13-05-030; repealed and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 375, 12/28/1995; amended by Ordinance No. 399, 10/10/1996)