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Prescott Valley City Zoning Code

ARTICLE 13

07. GENERAL PROVISIONS

13-07-010 Applying general provisions

   A.   The provisions of this Article shall apply to all zoning districts, except as may be modified, supplemented, or supplanted under the provisions of any particular zoning district.
   B.   The landscaping, screening, nuisances, and hazards provisions of Article 13-11 of this Chapter and the outdoor lighting provisions of Article 13-12 of this Chapter shall apply to each zoning district.
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at sections 13-21-010 and 13-21-020. Prior history: Enacted by Ordinance No. 9, 06/28/1979; renumbered by Ordinance No. 37, 09/04/1980; repealed and reenacted by Ordinance No. 178, 05/26/1988)

13-07-020 Accessory buildings, structures, and uses

   A.   Accessory buildings, structures, and uses that do not alter the character of the premises are permitted in conjunction with any compatible principal use. Permitted uses include accessory buildings, structures and uses.
   B.   Accessory buildings, structures, and uses may be attached to or detached from the principal building, except that no accessory buildings, structures or uses housing fowl or animals (other than domestic pets) may be attached to any dwelling unit.
   C.   Accessory buildings, structures or uses are allowed prior to installation of principal structures only when a construction permit has been issued for the principal structure and construction of the principal structure begins within six months of permit issuance.
   D.   On lots in zoning districts that do not include a density designation, a single accessory building shall not exceed 25% of the principal building’s roof area.
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-21-080. Prior history: Enacted by Ordinance No. 9, 06/28/1979; reenacted and amended by Ordinance No. 37, 09/04/1980; repealed and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 259, 06/27/1991; amended by Ordinance No. 293, 03/25/1993; amended by Ordinance No. 439, 06/25/1998; amended by Ordinance No. 458, 04/08/1999; amended by Ordinance No. 809, 09/24/2015)

13-07-030 Additional lot area and dimension regulations

   A.   Any lot of record that exists on the effective date of this Chapter or amendments to it but does not conform with the lot area or width requirements for the zoning district where it is located may be used for any use permitted in that zoning district if the use complies with other applicable regulations of this Chapter.
   B.   On and after the effective date of this Chapter or amendments to it, any lot shall not be reduced below the lot area and dimension requirements of this Chapter for the zoning district where it is located.
   C.   On and after the effective date of this Chapter or amendments to it, the lot area and/or dimensions of any lot that does not meet the lot area and/or dimension requirements of this Chapter for the zoning district where it is located shall not be further reduced.
   D.   On and after the effective date of this Chapter or amendments to it, the yards, lot coverage, lot area per dwelling unit, or other required spaces of any lot shall not be reduced or diminished to less than that required by this Chapter.
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-21-070. Prior history: Enacted by Ordinance No. 37, 09/04/1980; repealed and reenacted by Ordinance No. 178, 05/26/1988)

13-07-040 Additional yard and open space regulations

   A.    General. A yard or court shall be unobstructed from the ground up by structures (other than fences, free standing walls, permitted accessory structures, signs, and permitted deviations and projections).
      1.   Where reference is to a required yard or setback for a structure, the minimum distance from the property line to the structure shall designate the minimum yard.
      2.   No lot shall be reduced in a way that reduces any required yard or open space below its minimum size.
      3.   No yard or open space required for a structure on one lot shall serve the same purpose for a structure on another lot.
      4.   Through lots that front on two streets shall be considered (for required setback purposes) as having two front yards.
      5.   Doors, windows, and other building features shall not protrude beyond a lot boundary, including when open or in operation.
   B.   Required yard deviations (where not in conflict with future width line).
      1.   Required front yard deviations
         a.   On lots rising in elevation from front to center and exceeding 26% grade, the required front yard may be reduced to not less than 50% of the required minimum.
         b.   On lots zoned MH, a reduction in the required front yard from 25 feet to 20 feet shall be allowed if necessary to accommodate a longer manufactured home, as long as the total length of the home does not exceed the lot depth minus 44 feet. No manufactured home shall be installed with a reduced front setback unless the reduction is necessary to accommodate the home in conformance with this section.
      2.   Required side yard deviations.
         a.   On any interior residentially zoned lot lacking rear access, and where the septic system is in the rear yard, one side yard must measure no less than 11 feet from the eave or dripline of the house to provide access to the rear yard. If this section applies, the opposite side yard may be reduced by no more than three feet, when necessary.
         b.   On a corner lot backing to a key lot, no structure exceeding a four-foot height may be located adjacent to the side street within a triangular area formed by a line connecting the street intersection with the required front setback line of the key lot. The requirements of section 13-07-120 (sight visibility triangle at street intersections) control when they conflict with this paragraph.
         c.   The required side yard adjacent to an alley may be reduced by up to 50%, provided that the reduced setback plus half the alley width is not less than the required side yard width.
         d.   On legal nonconforming lots with sub-standard lot widths, a required interior side yard may be reduced by half the lot width shortage as long as the reduction does not exceed 25% of the required interior side yard width.
      3.   Required rear yard deviations. On lots with a depth less than 280 feet, the width of half of an adjacent existing or planned public or private alley or street right-of-way is counted toward determining whether the lot meets the required rear yard requirement.
   C.   Encroachment into yards (where not in conflict with future width lines). No structure (other than fences, free standing walls, or signs) shall encroach upon or reduce any open space, required yard, minimum setback requirement, minimum lot area requirement, or parking area as designated under these provisions or under the provisions of the applicable zoning district, except as follows:
      1.   All yard encroachments.
         a.   Cornices, eaves, coolers, open balconies, fire escapes, stairways, or fire towers may project no more than five feet into any required yard or court, but no closer than seven feet from any lot boundary.
         b.   Stills, leaders, belt courses (and similar ornamental features), and chimneys may project two feet into any required yard or court.
      2.   Front yard encroachments.
         a.   A bay window, oriel, entrance, or vestibule not exceeding ten feet in width may project three feet into any required front yard.
         b.   A balcony, carport, or attached open porch may project no more than six feet into any front yard.
      3.   Rear yard encroachments
         a.   A bay window, oriel, entrance, or vestibule not exceeding ten feet in width may project three feet into any required rear yard.
         b.   A balcony, carport, or attached open porch may project no more than ten feet into any required rear yard, but no closer than ten feet from any common lot boundary.
         c.   A detached accessory structure may be placed in a required rear yard as long as it meets the minimum side yard setback of the lot.
   D.   Setbacks from streets and alleys (yard depth) are measured from the more restrictive of the following:
      1.   From the boundary of a full width right-of-way (or what would be a full width right-of-way where only a partial right-of-way exists), or
      2.   From a future right-of-way line (see subsection 13-07-130 D).
   E.   Measurements from street or alley centerline are from what would be the centerline if a full right-of-way existed in accordance with the minimum right-of-way widths as designated under subsection 13-07-130 C.
   F.   Courts that provide natural ventilation or light for rooms must be open to the sky and maintain a minimum dimension of five feet plus one additional foot width for each story above the first.
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-21-120. Prior history: Enacted by Ordinance No. 9, 06/28/1979; amended by Ordinance No. 16, 11/08/1979; reenacted and amended by Ordinance No. 37, 09/04/1980; amended by Ordinance No. 66, 04/29/1982; amended by Ordinance No. 78, 03/11/1983; repealed and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 282, 10/22/1992; amended by Ordinance No. 375, 12/28/1995; amended by Ordinance No. 439, 06/25/1998; amended by Ordinance No. 589, 03/25/2004; amended by Ordinance No. 638, 10/13/2005)

13-07-050 Alley

No portion of an alley shall be considered as any part of a lot’s required yard. This rule applies whether title to the alley is held by the owner of the lot, a government entity, or a third party.
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-03-030. 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)

13-07-060 Building across lot lines

Building across lot lines where two or more lots are used as a building site shall be permitted only to the extent the lots are legally combined.
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-03-060. Prior history: Enacted by Ordinance No. 37, 09/04/1980; replaced and reenacted by Ordinance No. 178, 05/26/1988; Amended by Ordinance No. 551, 04/24/2003; Amended by Ordinance No. 801, 02/12/2015)

13-07-070 Caretaker exception to dwelling prohibition

   Notwithstanding any dwelling prohibition in any zoning district, one residence of an individual acting in the capacity of manager, caretaker, or watchman (and his or her family) shall be permitted.
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-21-050. Prior history: Enacted by Ordinance No. 9, 06/28/1979; renumbered by Ordinance No. 37, 09/04/1980; repealed and reenacted by Ordinance No. 178, 05/26/1988)

13-07-075 Fence materials

   The use of plastic tarps, fabric mesh, barbed wire, razor wire, tarpaulins, embedded glass shards, ultra barrier, wood pallets, plywood, pressboard, particle board, chipboard, Masonite, electrified and other hazardous fencing (whether installed on existing permanent fences or structures) for fence materials is prohibited in all residential zoning districts. However, in addition to the screening standards set forth in Section 13-11-050, fences and/or screening in commercial or industrial districts which enclose storage areas, transformers, antennas, or other high value or dangerous installation areas may have barbed wire or razor ribbon connected so long as they are located more than six feet above grade. Where the keeping of livestock is permitted, barbed wire is also allowed.
(Enacted by Ordinance No. 2025-953, 9/11/2025)

13-07-080 Floodplain regulations

The provisions and requirements of Town Code Chapter 12 shall apply to all building permit applications to erect, construct, enlarge, or improve any building or structure or to install any mobile home, manufactured home, or factory-built dwelling, for a lot included within an area of special flood hazard.
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-03-070. Prior history: Enacted by Ordinance No. 37, 09/04/1980; replaced and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 282, 10/22/1992; amended by Ordinance No. 375, 12/28/1995)

13-07-090 Height limits

   A.    General. Height limits, when designated in both stories and feet, shall not exceed the dimensions designated in feet.
   B.   Spires, chimneys, towers, and similar architectural features.
      1.   Zoning district height limitations for buildings are not applicable to spires, cupolas, chimneys, flues, vents, poles, or beacons; nor to any bulkhead, elevator, tank (or similar) extending above a room, as long as the specified feature occupies no more than 25% of the roof area of the building.
      2.   Zoning district height limitations for buildings are not applicable to towers, antennas and wireless telecommunications facilities used solely for transmissions and receipt by a single use (including, but not limited to, amateur radio and devices necessary for use of a subscription to a commercial wireless provider service).
      3.   Zoning district height limitations for buildings shall apply to towers, antennas, and wireless telecommunications facilities other than those used solely for transmissions and receipt by a single use, located in any zoning district except the PL (public lands) zone and requiring a special use permit under section 13-08-070, unless a greater height is expressly allowed as a condition of the special use permit or in an approved preliminary development plan and the use complies with the setback requirements in subsection 13-08-070 B. 8.
      4.   Zoning district height limitations for buildings are not applicable to towers, antennas, and wireless telecommunications facilities other than those used solely for transmissions and receipt by a single use, located in the PL (Public Lands) zone.
      5.   Each of the structures enumerated in this subsection must be so located on a lot that its reclining length (in case of collapse) would be contained within the bounds thereof, unless certifications are provided showing that the structures have been specially designed to be safe from collapse.
      6.   In determining height, the antenna and all related equipment shall be included.
   C.   Structures near airplane runways or landing strips.
      1.   Buildings or structures or any portions thereof exceeding a height of 20 feet shall not be erected or structurally altered within 500 feet of the projected center line of an existing or proposed runway or landing strip for 1,000 feet from the end of the existing or proposed runway or landing strip.
      2.   Beyond 1,000 feet from the end of the existing or proposed runway or landing strip, no portion of a building or structure shall be erected to exceed a height that would interfere with the takeoff or landing of a plane with a glide angle of one foot vertical for every 40 feet horizontal, determined as follows:
         a.   If the runway is paved, the glide angle begins at a point on the extended center line of the runway 200 feet beyond and at the same elevation as the end of the runway pavement.
         b.   If the runway is not paved, the glide angle begins 100 feet beyond and at the same elevation as the end of the landing strip.
   D.   Fences, walls, screen walls, hedges, and shrubbery. Unless otherwise provided in this Chapter, and subject to compliance with the sight visibility triangle requirement of section 13-07-120 below, the maximum height for fences, walls, screen walls, hedges and shrubbery shall be:
      1.   On any residentially zoned lot (or that portion of other contiguous lots): Four feet in front yard and six feet in side or rear yards.
      2.   On commercially zoned lots: Six feet along the front lot line and along the side lot lines to the face of the nearest building, and eight feet behind the face of the nearest building and along the rear lot line.
      3.   On industrially zoned lots: Eight feet.
      4.   Exterior sides of corner lots: Any fence or wall constructed on the exterior side lot line of a corner lot and/or between the exterior side lot line and the required exterior side set back line (the “required exterior side setback area”) shall not exceed four feet in height as measured from the adjacent finished grade at the exterior of the fence or wall. Exterior side fences or walls constructed outside of the required exterior side setback area may be six feet in height as measured from the finished grade at the exterior of the fence or wall.
      5.   Exterior sides of PD (planned area development) corner lots: Any fence or wall constructed within the required exterior side setback area of a corner lot located in a PD may be six feet in height as long as the fence or wall is not closer than ten feet to the back of the adjacent curb.
      6.   All fence and wall heights shall be measured from the adjacent finished grade at the exterior of the fence or wall.
      7.   Decorative gates and entrance ways may exceed the height limits set forth herein up to a maximum of nine feet provided that the width of the decorative gate or entrance way does not exceed 25% of the lineal footage of that portion of the attached fence or wall that runs along the property line upon which the gate or entrance way is located. In no instance shall the decorative gate or entrance way exceed nine feet in height.
      8.   As specified in Article 13-11 of this Chapter.
   E.    Buildings. Buildings located on sloping lots are permitted an extra story on downhill side, provided the building height (measured from the floor above the extra story) does not exceed the maximum height in feet allowed in the zoning district.
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-21-060. 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. 295, 07/22/1993; amended by Ordinance No. 392, 06/27/1996; amended by Ordinance No. 439, 06/25/1998; amended by Ordinance No. 629, 06/09/2005; amended by Ordinance No. 638, 10/13/2005)

13-07-100 Livestock privileges

Except in the AG (agricultural) zone, livestock shall only be allowed on lots one acre or larger and shall be limited to two animals per acre except as follows:
   A.   No animals shall be allowed in violation of existing restrictive covenants.
   B.   Where permitted, all animals shall be kept in conformance with Chapter 6 of the Town Code of the Town of Prescott Valley.
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-21-150. Prior history: Enacted by Ordinance No. 9, 06/28/1979; amended by Ordinance No. 16, 11/08/1979; reenacted and amended by Ordinance No. 37, 09/04/1980; amended by Ordinance No. 58, 09/24/1981; repealed and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No.399, 10/10/1996)

13-07-110 No double counting of areas

Land area used to meet the minimum yard or area requirements for a building or use shall not be considered as part of the yard space or minimum area for another building or use.
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-03-020. 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)

13-07-120 Sight visibility triangle at street intersections

   A.   At street intersections, inside the triangular area formed by the right-of-way lines of the intersecting streets at 33 feet from the point of their intersection:
      1.   No structure, fence, wall, or hedge shall exceed three feet in height, and
      2.   No obstruction to vision other than a post or column or tree not exceeding one foot in diameter between a height of three feet and ten feet.
   B.   The point of intersection of intersecting streets shall be:
      1.   The point where the right-of-way lines intersect, if they intersect at a point, or
      2.   The point where the Town Engineer determines that the projected right-of-way lines would intersect, in all other cases.
   C.   See the accompanying diagram for a visual representation of the sight visibility triangle rule.
(Added by Ordinance No 2024-947, 12/11/2024.)

13-07-130 Streets and alleys

   A.    General. Adequate street rights-of-way must be planned and kept clear of permanent structures to provide for future growth.
   B.   Street frontage:
      1.   No lot shall be established without dedication across its full width of a street (or street easement) or right-of-way of sufficient width as may be applicable to the type and alignment of the street, or half such right-of-way width where the owner has no control to provide the other half right-of-way, except that in no case will an owner be required to dedicate more than a 100-foot width (or a 50-foot half right-of-way, as the case may be).
      2.   Any permit shall be contingent upon the lot owner’s dedication of any other streets or alleys that adjoin or project along the lot.
   C.   The following are the minimum required roadway right-of-way widths:
      1.   Arterial roads: 100 feet
      2.   Collector roads: 60 feet
      3.   Local roads without topographic problems: 50 feet
      4.   Other streets: 54 feet.
   D.   Setbacks for structures (other than signs, fences, and free-standing walls) shall be measured from the following future right-of-way lines, except as indicated otherwise on the zoning map or on an official highway map or as may be varied after findings and recommendations by the Planning and Zoning Commission that all or part of the future right-of-way width is unwarranted:
      1.   Twenty-seven feet on each side of mid-section lines
      2.   Fifty feet on each side of section lines
      3.   Forty to 60 feet (depending upon topography) on each side of existing or projected centerlines of federal aid, state, or federal highways
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-21-130. Prior history: Enacted by Ordinance No. 9, 06/28/1979; renumbered by Ordinance No. 37, 09/04/1980; repealed and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 375, 12/14/1995)

13-07-140 Swimming pool safety

   A.   Any swimming pool shall be protected by an enclosure surrounding the swimming pool area, as provided in this section.
   B.   Enclosure standards. Swimming pool enclosures shall meet the following requirements:
      1.   The swimming pool shall be entirely enclosed by a wall, fence, or barrier not less than five feet in height as measured from the finished grade on the exterior side of the wall, fence, or barrier.
      2.   The wall, fence, or barrier shall have no openings through which a spherical object four inches in diameter can pass.
      3.   The horizontal components of any wall, fence or barrier shall be spaced not less than 45 inches apart measured vertically.
      4.   Wire mesh or chain link fences shall have a maximum mesh size of one and three-quarters inches, measured horizontally.
      5.   The wall, fence, or barrier shall not contain openings, handholds, or footholds accessible from the exterior side of the enclosure that can be used to climb the wall, fence or barrier.
      6.   The wall, fence, or barrier shall be at least 20 inches from the water’s edge.
      7.   Gates for the enclosure shall:
         a.   Be self-closing and self-latching with the latch located at least 54 inches above the underlying ground or on the pool side of the gate with a release mechanism at least five inches below the top of the gate and no opening greater than one-half inch within 24 inches of the release mechanism.
         b.   Open outward from the pool.
   C.   Residence constituting part of required enclosure. If a residence or living area constitutes part of the enclosure required herein for a swimming pool or other contained body of water in lieu of the requirements of subsection B, there shall be one of the following:
      1.   A minimum 54-inch wall, fence, or barrier to the pool area which meets all of the requirements of subsection B, paragraphs 2 through 7, of this section shall be constructed between the swimming pool or other contained body of water and the residence or living area.
      2.   All ground-level doors or other doors with direct access to the swimming pool or other contained body of water shall be equipped with a self-latching device. Emergency escape or rescue windows from sleeping rooms with access to the swimming pool or other contained body of water shall be equipped with a latching device not less than 54 inches above the floor. All other openable dwelling unit or guest room windows with similar access shall be equipped with a screwed-in-place wire mesh screen, or a keyed lock that prevents opening the window more than four inches, or a latching device located not less than 54 inches above the floor.
   D.   Pool location.
      1.   In any single-family residential zoning district, private swimming pools shall be in the side or rear yard, and there shall be a distance of at least ten feet between any property line and the water’s edge.
      2.   In any commercial or multi-family residential zoning district, there shall be a distance of at least 25 feet between any property line and the water’s edge of a public or semi-public swimming pool.
   E.   Safety education. Upon entering into an agreement to build a swimming pool or contained body of water or to sell, rent or lease a dwelling with a swimming pool or contained body of water, a person shall give the buyer, lessee, or renter a notice explaining safety education and responsibilities of pool ownership as approved by the Arizona Department of Health Services.
   F.    Exemptions. This section shall not apply to:
      1.   A system of sumps, irrigation canals, irrigation, flood control or drainage works constructed or operated for the purpose of storing, delivering, distributing, or conveying water.
      2.   Stock ponds, storage tanks, livestock operations, livestock watering troughs or other structures used in normal agricultural practices.
      3.   Residential fish ponds or decorative fountains.
(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-21-100. 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. 619, 03/24/2005; amended by Ordinance No. 750, 08/12/2010)