Churches are permitted in any zoning district, subject to compliance with requirements applicable to all uses (for example, signage requirements under Article 13-09 and lighting requirements under Article 13-12) and the following:

   A.   The minimum development standards for the zoning district where the church is located;

   B.   Minimum requirements of Article 13-10 (off-street parking requirements); and

   C.   Minimum requirements of Article 13-11 (site development standards).

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

   A.   Requirements for all community residences.

      1.   A complete application to permit a community residence shall be submitted to the Zoning Administrator.

      2.   A community residence must be located at least 800 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence along legal pedestrian rights-of-way.

      3.   If the State of Arizona does not require the proposed community residence to be licensed, services that require licensure under state law may not be provided at the community residence.

      4.   The community residence operator or applicant shall:

         a.   Be licensed or certified by the State of Arizona to operate the proposed community residence, or

         b.   Have certification from an appropriate national accrediting agency, or

         c.   Have been recognized or sanctioned by Congress to operate the proposed community residence, except as required by state law.

   B.   Family community residences.

      1.   Subject to the requirements set forth in this section, a family community residence is allowed as of right in the following zones if it meets the location requirement in subparagraph 13-08-020 A. 2 above and the operator or applicant requirements in subparagraph 13-08-020 A. 4 above:

         a.   RU (residential; single family rural)

         b.   RL (residential; single family limited)

         c.   RM (residential; single family mixed housing)

         d.   MH (residential; single family manufactured homes)

         e.   MF (residential; multi-family dwelling units)

         f.   RS (residential and services)

         g.   CN (commercial; neighborhood sales and services)

         h.   CG (commercial; general sales and services)

         i.   CI (commercial; minor industrial)

         j.   PM (performance manufacturing)

      2.   Except as provided by state law, a conditional use permit must be obtained in accordance with the use standards specified in subsection 13-08-020 D below for any family community residence that does not meet the criteria set forth in subsection 13-08-020 B. 1 above.

      1.   Subject to the requirements set forth in this section, a transitional community residence is allowed as of right in the following zones if it meets the location requirement in subparagraph 13-08-020 A. 2 above and the operator or applicant requirements in subparagraph 13-08-020 A. 4 above:

         a.   MF (residential; multi-family dwelling units)

         b.   RS (residential and services)

         c.   CN (commercial; neighborhood sales and services)

         d.   CG (commercial; general sales and services)

         e.   CI (commercial; minor industrial)

         f.   PM (performance manufacturing)

      2.   Except as provided by state law, a conditional use permit must be obtained in accordance with the use standards specified in subsection 13-08-020 D below for any transitional community residence that does not meet the criteria set forth in paragraph 13-08-020 C. 1 above.

   D.   Community residence conditional use permits. If a conditional use permit is required for a family community residence or a transitional community residence, a separate application must be submitted as set forth in Section 13-13-090 (conditional use permits). A conditional use permit may be issued only if the proposed community residence meets the following standards:

      1.   The applicant demonstrates through documentation and evidence that the proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence and that the presence of other community residences will not interfere with the normalization and community integration of the residents of the proposed community residence.

      2.   The applicant demonstrates through documentation and evidence that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the proposed community residence.

      3.   The applicant demonstrates through documentation and evidence that the proposed community residence in combination with any existing community residences will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating community residences on a block or in a neighborhood.

   E.   Reasonable accommodation. The applicant may apply for a waiver for reasonable accommodation, which applications are considered and acted upon by the Zoning Administrator or the Zoning Administrator’s designee.

      1.    Whether a particular accommodation is reasonable depends on the facts and must be decided on a case-by-case basis.

      2.   If the requested accommodation would impose an undue burden or expense for the Town or if the proposed use would create a fundamental alteration in the Town’s zoning scheme, the requested accommodation is unreasonable.

      3.   In all cases the Zoning Administrator shall make findings of fact in support of its determinations and shall render its decision in writing.

      4.   The Zoning Administrator may meet with and interview the applicant to ascertain or clarify information sufficiently to make the required findings.

      5.   An applicant may appeal the denial of a waiver for reasonable accommodation to the Board of Adjustment pursuant to Section 13-13-020.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-06-020(A)(13). Prior history: Enacted by Ordinance No. 2023-932, 01/11/2024)

   A.   Electric vehicle charging is a permitted accessory use in the RU, RL, RM, MH, and MF zones.

   B.   Electric vehicle charging is a permitted primary or accessory use in all other zones.

   C.   A parking space with electric vehicle charging counts as a parking space.

   D.   In a parking lot with ten or fewer parking spaces, a parking space with electric vehicle charging shall not be restricted to electric vehicle parking.

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

   A.   Terms and definitions. The terms used in this section shall be defined according to the Arizona marijuana laws, supplemented with the following definitions:

      1.   Arizona marijuana laws: Laws and regulations of the State of Arizona pertaining to marijuana, as they may be amended, including without limitation all the following:

         a.   The Arizona Medical Marijuana Act, A.R.S. § 36-2801 et seq.

         b.   The Smart and Safe Arizona Act, A.R.S. § 36-2850 et seq.

         c.   Rules and regulations pertaining to marijuana promulgated by the Arizona Department of Health Services.

      2.   Marijuana cultivation facility: A building, structure or premises used for the cultivation or storage of marijuana that is physically separate and off-site from a nonprofit medical marijuana dispensary, marijuana establishment, or dual marijuana establishment.

      3.   Dual marijuana establishment: A combined nonprofit medical marijuana dispensary and marijuana establishment in a shared location and operated by a dual licensee.

   B.    Interpretation. The requirements of this section control the possession, consumption, processing manufacture, transportation, and cultivation of marijuana in the Town, as supplemented and limited by the Arizona marijuana laws.

   C.   General restrictions.

      1.   To the fullest extent allowable under Arizona marijuana laws, the operation of a nonprofit medical marijuana dispensary or marijuana establishment is prohibited, except that a dual marijuana establishment operated by a dual licensee who has not forfeited or terminated its nonprofit medical marijuana dispensary registration from the Arizona Department of Health Services is a permitted use in the CG (commercial; general sales and services), CI (commercial; minor industrial), PM (performance manufacturing), IG (industrial; general limited), and IH (industrial; heavy) zones, subject to the limitations and requirements of this section and the following:

         a.   Must comply with the requirements of section 13-11-070 (nuisances and hazards).

         b.   The name and location of its associated marijuana cultivation facility, if applicable, shall always be on file with the Town.

         c.   Shall not provide drive-through services.

         d.   Shall be operated from within a permanent building on an established foundation constructed in compliance with Town building codes, and shall not include any temporary, portable, or self-powered mobile facilities, or trailer, cargo container, or motor vehicle.

         e.   The permitted hours of operation shall be from 7:00 am to 10:00 pm.

         f.   Shall not have outdoor seating areas.

         g.   Consumption of marijuana on the premises is prohibited.

         h.   Retail sales of marijuana paraphernalia are prohibited, except as permitted by Arizona marijuana laws.

         i.   No marijuana or paraphernalia shall be visible from outside the premises.

         j.   Shall properly and securely dispose of marijuana remnants and discarded marijuana by-products.

         k.   All marijuana, marijuana remnants, and marijuana by-products shall be disposed of in a manner that renders them unusable.

         l.   Shall not emit dust, fumes, vapors, or odors into the environment.

         m.   Ventilation, air filtration, and structures shall comply with adopted Town building codes.

         n.   The design of buildings and structures shall be compatible with adjacent uses.

         o.   Shall not sell marijuana or marijuana products to consumers, except as permitted by Arizona marijuana laws.

         p.   Shall submit a written security plan to the Prescott Valley Police Department describing:

            (1)   The actions taken to deter and prevent unauthorized entrance into limited access areas,

            (2)   Security equipment and electronic monitoring devices, and

            (3)   Exterior lighting to facilitate surveillance.

         q.   Location restrictions.

            (1)   No dual marijuana establishment may be operated or maintained within a 500-foot radius of any of the following:

               (a)   Another dual marijuana establishment.

               (b)   A nonprofit medical marijuana dispensary or marijuana establishment.

               (c)   A marijuana cultivation facility.

               (d)   The nearest zone boundary of the RU, RL, RM, MH, MF, and RS zoning districts.

               (e)   A public or private preschool, kindergarten, elementary school, secondary school, or high school.

               (f)   A place of worship, public park, public building, college, licensed drug or alcohol rehabilitation facility, correctional transitional housing facility, or public community center.

            (2)   Measurements for purposes of subparagraph (1) above shall be the shortest horizontal line from the nearest exterior wall of the dual marijuana establishment building to the property line of the other use.

      2.   Dual marijuana establishments with onsite cultivation or infusion facilities are permitted in the CI (commercial; minor industrial), PM (performance manufacturing), IG (industrial; general limited), and IH (industrial; heavy) zones, subject to the limitations, restrictions, and requirements for dual marijuana establishments set forth in paragraph 1 above, and the following additional requirements:

         a.   Cultivation of marijuana shall be confined to a secure indoor area not detectable from and completely separated and secured from areas accessible to the public and from the exterior of the building where the cultivation occurs.

         b.   Must obtain all required permits and licenses from the local health department for food handling and preparation in connection with infusion operations.

         c.   Shall comply with applicable laws to ensure safe and secure extraction processes.

      3.   Marijuana cultivation facilities are permitted in the CI (commercial; minor industrial), PM (performance manufacturing), IG (industrial; general limited), and IH (industrial; heavy) zones, subject to the following limitations, restrictions, and requirements:

         a.   Must comply with the requirements of section 13-11-070 (nuisances and hazards).

         b.   The following shall always be on file with the Town:

            (1)   The name and location of the nonprofit medical marijuana dispensary, marijuana establishment, or dual marijuana establishment associated with the marijuana cultivation facility.

            (2)   A copy of the operating procedures submitted to and approved by the Department in accordance with A.R.S. § 36-2804(B)(1)(c), including without limitation a security plan for all medical marijuana operations.

         c.   Retail sales of marijuana are prohibited.

         d.   Cultivation shall take place in an "enclosed area" as defined in the Arizona marijuana laws and where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids.

         e.   Only medical marijuana dispensary agents and marijuana establishment licensees registered with the Arizona Department of Health Services may lawfully enter the marijuana cultivation facility. Entry by others who are not registered or licensed with the Arizona Department of Health Services is strictly prohibited.

         f.   Location restrictions.

            (1)   No marijuana cultivation facility may be operated or maintained within a 500-foot radius of any of the following:

               (a)   Another marijuana cultivation facility

               (b)   A nonprofit medical marijuana dispensary, marijuana establishment, or dual marijuana establishment.

               (c)   The nearest zone boundary of the RU, RL, RM, MH, MF, and RS zoning districts.

               (d)   A public or private preschool, kindergarten, elementary school, secondary school, or high school.

               (e)   A place of worship, public park, public building, college, licensed drug or alcohol rehabilitation facility, correctional transitional housing facility, or public community center.

            (2)   Measurements for purposes of subparagraph (1) above shall be the shortest horizontal line from the property line of the marijuana cultivation facility to the property line of the other use.

      4.   To the fullest extent allowable under Arizona marijuana laws, the operation of a marijuana testing facility is prohibited.

      5.   To the fullest extent allowable under Arizona marijuana laws, the operation of cultivation locations where the licensee cultivates marijuana, processes marijuana, and manufactures marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers, is prohibited.

      6.   To the fullest extent allowable under Arizona marijuana laws, the operation of manufacturing locations where the licensee manufactures marijuana products and packages and stores marijuana and marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers, is prohibited.

   D.   Additional residential restrictions.

      1.   Cultivation of marijuana is prohibited in any residential zoning district.

      2.   Kitchen, bathrooms, and bedrooms shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation.

      3.   A residence shall not emit marijuana dust, fumes, vapors, or odors into the environment.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024; Ord. No. 2025-962, Amended, 10/09/25.) (Previously codified at sections 13-06-020(A)(12), 13-14-020(A)(3)(l), 13-14-020(A)(5), 13-14-020(B)(5)-(8), 13-14-080(B), and 13-15-070(B)-(E). Prior history: Enacted by Ordinance No. ^)

Mobile food vendors are subject to the following conditions and limitations:

   A.   Residential prohibition. A mobile food vendor shall not operate in an area zoned for residential use or within 250 feet of an area zoned for residential use, except:

      1.   A mobile food vendor selling only ice cream may operate on public rights-of-way in areas zoned for residential use; or

      2.   Subject to applicable laws and the Town Code, a mobile food vendor may operate on private property in a residential area if the mobile food vendor obtains a separate agreement with the property owner to operate a mobile food unit for a maximum of six hours within a 24-hour period on the private property.

      3.   For not more than four hours in any day while food is being loaded or prepared, one mobile food unit may be parked on a single-family residential lot:

         a.   Where the mobile food vendor resides;

         b.   That includes all the facilities required to meet the definition of "commissary" in Arizona Administrative Code section R9-8-110 ("Mobile Food Units") paragraph A;

         c.   So long as the manner and scale of the loading and preparation of food and the disposal of refuse and wastewater are consistent with the residential character of the area; and

         d.   Upon issuance of a conditional use permit for commercial food preparation (see subparagraph 13-04-040 B. 4 above.

   B.   Town-owned property. A mobile food vendor shall only operate in a legal parking space. If the mobile food vendor desires to operate on Town property other than a legal parking space in a right-of-way, the mobile food vendor shall obtain from the Town:

      1.   A separate licensing for use, services contract, or similar agreement, which will be entered into at the Town's sole discretion and applicable law; or

      2.   A special event permit or similar permission in accordance with the Town Code.

   C.   Private property. A mobile food vendor shall obtain written permissions to use any private property where a mobile food unit is operating and shall provide proof of such written permission on request by the Town.

   D.    Parking.

      1.   A mobile food unit shall only operate in a legal parking space. For purposes of this section, "legal parking space" means an area designated for vehicle parking in the Town right-of-way that may be paved or unpaved and may be delineated by road surface markings. Legal parking space does not include a parking space in a parking lot on property owned by the Town.

      2.   A mobile food unit, including any semi-permanent structure used or associated with the mobile food unit, may use no more than one legal parking space, unless the mobile food vendor has a separate agreement with the Town to use additional legal parking spaces or parking spaces on Town property other than right-of-way.

      3.   No mobile food unit exceeding 24 feet may park diagonally in a diagonal parking space or park in any manner that occupies more than one diagonal parking space.

      4.   No mobile food unit shall operate with the serving window facing street traffic.

      5.   A mobile food unit shall abide by all parking regulations, including posted time limits. If there are no other time restrictions on the use of a legal parking space, a mobile food unit shall not occupy a legal parking space for more than six hours in a 24-hour period. “Occupy” within this Subsection means within 100 feet of the place in which the mobile food unit was initially parked.

      6.   A mobile food unit shall not occupy a legal parking space with insufficient parking capacity as prescribed by the Town Code and applicable law, and includes occupying a legal parking space that reduces the number of available parking spaces surrounding the area which is required for the principal use or uses of the property associated with the parking spaces as set forth in A.R.S. Title 9, Chapter 4, Article 7.2.

      7.   A mobile food vendor shall not claim or attempt to establish any exclusive right to park at a particular street location unless the parking space is being used for a permitted event.

   E.   Fire and safety inspection. A mobile food vendor must ensure that all mobile food units comply with current Central Arizona Fire and Medical Authority (“CAFMA”) Fire Protection Development Standards, state law and the Town Code relating to fire and explosion safety standards.

   F.   Mobile food units operating within Town boundaries shall be inspected by CAFMA, or the mobile food vendor shall provide evidence that the mobile food unit passed a fire inspection by another city or town fire department in Arizona within the preceding 12 months.

   G.   Refuse, trash and litter maintenance. A mobile food unit shall:

      1.   Provide a minimum of one 15-gallon trash receptacle within 15 feet of each individual mobile food unit for customers and employees;

      2.   Maintain an area around the mobile food unit clear of litter, garbage, rubble, and debris; and

      3.   Transport the trash from the area of operation to an authorized waste disposal location.

   H.   Noise restrictions. Noise levels from mobile food units shall not exceed the Town’s noise standards pursuant to Town Code Section 10-01-070 “Noise”.

   I.    Security.

      1.   Mobile food units and surrounding vending areas shall be maintained in a safe and clean manner at all times.

      2.   Mobile food units shall provide adequate lighting to ensure customer safety in the vending areas. Lighting shall be directed downwards and away from rights-of-way and adjacent properties.

      3.   Mobile food units and their customers shall not obstruct the movement of pedestrians or other vehicles using the sidewalk, street, alley, or other public right-of-way.

   J.    Insurance. If a mobile food unit operates an event sponsored by the Town or operates on public property, including rights-of-way or property owned by the Town, the mobile food vendor shall obtain insurance naming the Town as an additional insured in amounts as required by the Town and in accordance with the requirements of A.R.S. Title 9, Chapter 4, Article 7.2. Such insurance policies shall meet the following requirements:

      1.   The insurance company issuing the policy shall be authorized to issue commercial liability policies in Arizona by the Arizona Department of Insurance.

      2.   The policy shall designate by manufacturer’s serial or identification number all mobile food units for which coverage is granted.

      3.   The policy shall insure the person named in the policy and any other person using the mobile food unit with the express or implied permission of the named insured against any liability arising out of the ownership, maintenance, or use of the mobile food unit in Arizona.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at sections 13-06-020(C)(1) and 13-13-020(A)(2)(t). Prior history: Enacted by Ordinance No. ^)

   A.   Sexually oriented businesses are permitted only in the IG (industrial; general limited) and IH (industrial; heavy) zones, and pursuant to the restrictions, limitations, and requirements set forth in this section.

   B.   The definitions in A.R.S. § 11-811 (D) and A.R.S. § 13-1422 (G), as they may be modified, as supplemented by the following definitions, apply for purposes of this section.

      1.   Adult enterprise: Any commercial or business enterprise promoting or exploiting nudity or semi-nudity in the regular course of business and as one of its principal business purposes, for the purpose of advancing the economic welfare of the business or enterprise

      2.   Adult motel: A motel or hotel or similar commercial establishment that:

         a.   Offers accommodations to the public for any form of consideration which:

            (1)   Provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, audio visual materials, slides, or other photographic reproductions which are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas; and

            (2)   Has a sign visible from the public right-of-way that advertises the availability of any of the above types of material; or

         b.   Offers a guest room for rent for a period less than ten hours; or

         c.   Allows a tenant or occupant of a guest room to sub-rent the room for a period less than ten hours.

      3.   Adult novelty store: A retail business offering for sale or rental any instruments, devices, or paraphernalia used or designed for use in connection with specified sexual activities (excluding condoms and other birth-control and disease prevention products), and which regularly excludes all minors from the premises or a section of the premises because of the sexually explicit nature of the items sold, rented, or displayed there.

      4.   Sexually oriented business: Includes adult arcades, adult bookstores or video stores, adult cabarets, adult enterprises, adult motels, adult motion picture theaters, adult novelty stores, adult oriented businesses, adult theaters, and massage establishments. Includes any business classified as a sexually oriented business pursuant to Prescott Valley Town Code section 9-07-020, or any combination of those businesses.

   C.   Nothing in this section shall be construed as permitting any use or act which is otherwise prohibited or made punishable by law.

   D.   An establishment may have other principal business purposes and still be categorized as a sexually oriented business. Such other business purposes will not serve to exempt the establishment from being categorized as a sexually oriented business so long as one of its principal business purposes fits within the definitions in this section.

   E.   This section does not include the presentation, showing, or performance of any play, drama, or ballet in any theater, concert hall, fine arts academy, school, institution of higher education, or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity or semi-nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.

   F.   All sexually oriented businesses shall be subject to the following conditions, limitations, and requirements:

      1.   Compliance with section 13-11-070 (nuisances and hazards).

      2.   No sexually oriented business may be operated or maintained within a 1,000-foot radius of any of the following:

         a.   Another sexually oriented business. For purposes of this paragraph, all sexually oriented businesses with a common owner and building entrance shall be considered a single sexually oriented business.

         b.   The zoning district boundaries of the RU (residential; single family rural), RL (residential; single family limited), RM (residential; single family mixed housing), MH (residential; single family manufactured homes), MF (residential; multi-family dwelling units), and RS (residential and services) zones.

         c.   A public or private (state approved) day nursery or preschool.

         d.   A state-licensed child care facility.

         e.   A public or private elementary, middle, or high school.

         f.   A secondary school or vocational high school.

         g.   A public park.

         h.   A public library.

         i.   A public administrative building, including Town Hall, the Municipal Court, the Police Department, the Building Department, and other public buildings where members of the public engage with government, but not including shop buildings such as the Public Works Department.

         j.   A public or private recreational facility, including but not limited to public recreation centers, swimming pools, playgrounds, ballfields and courts, community buildings, teen centers, YMCAs, Boys and Girls Clubs, and community centers.

         k.   A church, synagogue, temple, or mosque.

         l.   An amusement park or game center.

      3.   Measurements for purposes of subparagraph 2 above shall be taken as follows:

         a.   If the separated use is conducted in a building, the measurement shall be from the closest point on the structure where a sexually oriented business is conducted to the closest point on the structure where the separated use is conducted.

         b.   If the separated use is a school or other use where all or any portion of the use is conducted outdoors, the measurement shall be from the closest point on the structure where a sexually oriented business is conducted to the closest point along the property boundary where the separated use is conducted.

         c.   If the separated use is a zoning district, the measurement shall be from the closest point on the structure where a sexually oriented business is conducted to the closest point along the boundary of the zoning district (but excluding any portion of the zoning district located within the public right-of-way).

      4.   All exterior doors of the structure in which the sexually oriented business is located shall remain closed during business hours.

      5.   None of the materials, projections, entertainments, or other activities involving or depicting specified sexual activities or exposing specified anatomical areas shall be visible or audible from:

         a.   Outside the structure where the sexually oriented business is located, or

         b.   Portions of the structure accessible to minors.

      6.   In addition to complying with all other requirements of Article 13-09 (Sign Regulations) and the limitations on obscene signs in section 13-09-080 (prohibited signs), sexually-oriented businesses may not use window displays.

      7.   All sexually oriented businesses shall strictly comply with the standards set forth in Prescott Valley Town Code Article 9-07.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at sections 13-17-020.A.12 & 13-17-050.B. Prior history: Enacted by Ordinance No. 37, 09/04/1980; replaced and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 341, 11/03/1994; amended by Ordinance No. 392, 06/27/1996; amended by Ordinance No. 552, 03/13/2003; amended by Ordinance No. 550, 04/24/2003)

   A.    Applicability. All towers, antennas, and wireless telecommunications facilities shall be subject to the requirements of this section except those used solely for transmissions and receipt by a single user and not otherwise restricted within the applicable zoning district, such as amateur radio and devices necessary for a subscription to a commercial wireless provider service.

   B.   General provisions.

      1.    Appearance.

         a.   Towers, antennas, and wireless telecommunications facilities shall either maintain a galvanized steel finish or (subject to any applicable standards of the FAA) be painted to reduce visual obtrusiveness and blend with the surroundings.

         b.   Antennas and related electrical and mechanical equipment attached to alternative tower structures must be of a color compatible with the color of the supporting structures to make the antennas and related equipment visually unobtrusive.

         c.   Improvements comprising a wireless telecommunications facility shall, to the extent possible, use a mix of materials, colors, textures, screening, and landscaping that blend the appearance of the improvements into the natural setting.

         d.   Towers, antennas, and wireless telecommunications facilities shall not be artificially lit, except to the extent required by the FAA or other applicable authority. If lighting is required, the application shall contain a list of optional lighting devices and the applicant’s reasons for choosing the selected light device over each of the other options. Economy and serviceability are among acceptable criteria for selection.

         e.   All towers, antennas, and wireless telecommunications facilities shall meet or exceed the standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate them or their components. If the standards and regulations are changed, the owners of the towers, antennas, and wireless telecommunications facilities shall bring their facilities into compliance within six months of the effective date of the updated standards, unless a different compliance schedule is mandated by controlling law.

         f.   No signs shall be placed or allowed to be placed on any tower, antenna, or wireless telecommunications facility except required safety and warning signs.

         g.   Towers, antennas, and wireless telecommunications facilities shall not be placed in a direct line of sight with historic or scenic view corridors as designated by the Town or by any state or federal law or agency.

         h.   Accessory structures used in direct support of a tower, antenna, or wireless telecommunications facility are permitted but may not be used for offices, vehicle storage, or other outdoor storage. Mobile or immobile equipment not used in direct support of the facilities shall not be stored or parked on site.

      2.    Security. All towers, antennas, and wireless telecommunications facilities shall be equipped with an appropriate anti-climbing device or other similar protective device to prevent unauthorized access.

      3.    Collocation. The Town encourages collocation of telecommunications facilities.

         a.   Preference: An applicant who certifies in writing that the tower, antenna, or wireless telecommunications facility constructed will be suitable for collocating multiple providers and, as a condition of zoning, executes a written agreement (collocation agreement) with the Town consenting to application of the terms of this provision shall, unless waived by the applicant, receive preferential treatment for either a final approval or rejection of an application for a special use permit, or favorable terms for a lease agreement with the Town. Any such preferential treatment or favorable terms can only be given after the Town receives a complete and correct application (either for a special use permit or a lease agreement), all fees, and required forms and documents.

         b.   Collocation agreement: The collocation agreement shall provide for at least the following:

            (1)   The applicant shall accept for collocation any FCC licensed wireless telecommunications provider (additional user) who uses any compatible technology, on commercially reasonable terms considering all of the factors a reasonable leasing company would deem relevant in entering into a collocation agreement.

            (2)   Any additional user seeking collocation shall submit specifications for its equipment and use to the applicant and the applicant shall respond to the additional user in writing within 30 days, furnishing all technical requirements that must be resolved before collocation.

            (3)   The applicant and the additional user shall attempt in good faith to resolve any outstanding technical or business terms. If technical or business terms are not worked out 30 days or more after the applicant’s response, the additional user may submit a written request to the applicant for arbitration, and the applicant shall cooperate with the additional user to arrange for the American Arbitration Association to designate a person knowledgeable in collocation of wireless telecommunications providers to act as arbitrator and to decide all issues between the parties. The arbitration shall be held within 30 days after the request for arbitration. Upon the written agreement of both parties, a different procedure for binding dispute resolution may be used. The result of the arbitration or other resolution method agreed to by the parties shall be binding and non-appealable.

            (4)   If the applicant has failed to comply with the decision of the arbitrator within 15 days after the arbitrator’s decision, then either the special use permit or the lease agreement with the Town related to the tower, antenna, or wireless telecommunications facility shall be terminated and the facility shall be removed within 30 days of the date of the arbitrator’s certificate. If the applicant fails to remove the facility within the specified time, the Town shall have all remedies available to it for elimination of a use in violation of the Town Code.

            (5)   The additional user becomes a third-party beneficiary to the collocation agreement upon submitting the request seeking collocation.

            (6)   The Town shall not be a party to any contract between the applicant and the additional user, and shall not be made a party to any dispute or arbitration between them. Applicant shall indemnify, defend, and hold harmless the Town from and against any cost, including reasonable attorneys fees, associated with any dispute or arbitration between the applicant and the additional user.

            (7)   A lease or other agreement containing the business terms proposed by the applicant for collocation shall be attached as an exhibit to the collocation agreement.

      4.   Modification of structures. No existing tower, antenna or wireless telecommunications facility may be changed or modified except as follows:

         a.   The change or modification is required by a change in user or technology;

         b.   The change does not increase the height of the tallest component above the height approved in this Chapter, in a special use permit, in a lease agreement, or (in the case of an existing facility) above its current height (except as allowed under 47 United States Code Section 1455);

         c.   At the conclusion of the change or modification, the structure complies with all requirements of the building department; and

         d.   Each of the documents and certifications required for a special use permit are provided.

      5.   Abandonment of facilities.

         a.   Any tower, antenna, or wireless telecommunications facility not operated for a continuous period of 12 months due to some conduct within the control of and attributable to the property owner shall be considered abandoned, despite the owner or operator’s future intentions for the facility. The owner of a telecommunications facility and the owner of the real property where the facility is located are jointly responsible for removing the abandoned facility. If the facility is not removed within 60 days after the owner and operator receive notice of abandonment from the Town, the Town may remove the facility and place a lien upon the property for the costs of removal. The Town may pursue all legal remedies available to it to ensure that abandoned telecommunications facilities are removed. The Town’s delay in acting shall not waive the Town’s right to act. The Town may seek to have the telecommunications facility removed regardless of the owner’s or operator’s intent to operate the facility and regardless of any permits, federal, state or otherwise, which may have been granted.

         b.   If the owner of an abandoned telecommunications facility wishes to use the abandoned facility, the owner must first apply for and receive all applicable permits and meet all of the conditions of this Chapter as if the facility were new.

         a.   All towers, antennas, and wireless telecommunications facilities shall be maintained in compliance with standards contained in applicable state or local building and technical codes, as well as the applicable health and safety standards established by the FCC or other bodies having jurisdiction, to ensure their structural integrity. If any telecommunications facility is determined not to comply with the Code standards or to constitute a danger to persons or property, the owner of the facility and the owner of the real property shall have 30 days after notice from the Town to bring the facility into compliance. If the telecommunications facility is not brought into compliance within 30 days, the Town may provide notice to the owners requiring the telecommunications facility to be removed. If the telecommunications facility is not removed within 30 days of receipt of the Town’s notice of removal, the Town may remove the facility and place a lien upon the property for the removal costs. The Town’s delay in acting shall not waive the Town’s right to act. The Town may pursue all available legal remedies to ensure that telecommunications facilities not in compliance with the Code standards or which constitute a danger to persons or property are brought into compliance or removed. The Town may seek to have the telecommunications facility removed regardless of the owner’s or operator’s intent to operate the facility and regardless of any permits, federal, state, or otherwise, which may have been granted.

         b.   Upon removal of the wireless telecommunication facility, the site shall be returned to its natural state and topography, and vegetated consistent with the natural surroundings.

      7.   Zoning compliance. For purposes of determining whether the installation of a tower, antenna, or wireless telecommunications facility complies with zoning district development regulations, including but not limited to setback requirements, lot-coverage requirements, and similar requirements, the dimensions of the entire lot shall control even if the tower, antenna, or wireless telecommunications facility is located on a separately leased portion of the lot. Setback and separation distances shall be calculated and applied irrespective of municipal and county jurisdictional boundaries.

      8.    Setbacks. The following setback requirements apply to all towers, antennas, and wireless telecommunications facilities in zoning districts other than PL for which a special use permit is required. Standard setback requirements may be decreased because of a design safety certification under subparagraph 13-07-090 B. 5 above, or as a condition imposed by the Board of Adjustment or the Council if the goals of this Chapter would be better served by them:

         a.   Towers, antennas, and wireless telecommunications facilities must be set back from any lot line a distance equal to at least 100% of the height of the structure unless the zoning district where the facility is located requires a greater setback.

         b.   Guys and accessory structures must satisfy the minimum zoning district setback requirements.

   C.   Real property owners in the PL (Public Lands) zone may require owners of towers, antennas, and wireless telecommunications facilities to enter into lease agreements as pre-requisites to exercising the permitted use for towers, antennas, and wireless telecommunications facilities in the PL (Public Lands) zone. Real property owners shall be guided by the current Wireless Telecommunications Plan for Central Yavapai County, as adopted by the Town from time to time in conjunction with other local jurisdictions, in determining whether to enter into such lease agreements. The decision to enter into lease agreements is at the sole discretion of the real property owners, bearing in mind any prior contractual obligations and the option of tower, antennas, and wireless telecommunications facilities owners to seek special use permits to locate the facilities in other zoning districts if sites in the PL (Public Lands) zone are unavailable. Prior to entering into lease agreements, real property owners and potential lessees shall conduct at least one informational meeting for owners of real property located within 300 feet of the proposed facilities.

   D.   Towers, antennas, and wireless telecommunications facilities that do not qualify as accessory buildings, structures, or uses, but that otherwise comply with the requirements of this Chapter, may be located on lots containing other principal buildings, structures, or uses in accordance with the requirements of this section.

   E.   For towers, antennas, and wireless telecommunications facilities other than those used solely for transmissions and receipt by a single use (such as amateur radio and devices necessary for use of a subscription to a commercial wireless provider service), zoning district height limitations for buildings:

      1.   Shall not apply in the PL (Public Lands) zone.

      2.   Shall apply in all other zoning districts.

      3.   Except as otherwise provided for as a condition of a special use permit issued pursuant to this section.

   F.   For purposes of determining whether the installation of a tower, antenna, or wireless telecommunications facility complies with zoning district development regulations, including (but not limited to) setback requirements:

      1.   Lot-coverage requirements, and similar requirements, the dimensions of the entire lot shall control even though the tower, antenna or wireless telecommunications facility may be located on a separately leased portion of the lot.

      2.   Setback and separation distances shall be calculated and applied irrespective of municipal and county jurisdictional boundaries.

   G.   The following setback requirements shall apply to all towers, antennas, and wireless telecommunications facilities in zoning districts other than PL for which a special use permit is required, unless the applicant provides certification that the structure has been specially designed to be safe from collapse and except as otherwise provided for as a condition of a special use permit issued pursuant to this section:

      1.   Towers, antennas, and wireless telecommunications facilities must be set back from any lot line a distance equal to at least 100% of the height of the structure unless a greater setback is required for the zoning district.

      2.   Guys and accessory structures must satisfy the minimum zoning district setback requirements.

   H.   Applications for special use permit to construct towers, antennas, or wireless telecommunications facilities shall be accompanied by the following additional information:

      1.   The zoning classification of the site;

      2.   A map of all properties within 300 feet of the proposed site, together with a mailing list of all property owners within 300 feet and stamped envelopes pre-addressed to each such property owner;

      3.   A map of adjacent roadways;

      4.   A drawing of proposed means of access;

      5.   Elevation drawings of the exterior of each element of the proposed wireless telecommunications facility;

      6.   A complete landscape plan stamped by a registered landscape architect;

      7.   The setback distance between the proposed wireless telecommunications facility and

         a.   the nearest residential unit,

         b.   all residentially zoned properties within 300 feet of the wireless telecommunications facility,

         c.   all schools within 300 feet of the wireless telecommunications facility, and

         d.   all hospitals within 300 feet of the wireless telecommunications facility;

      8.   The separation distance from other towers described in the inventory of existing sites, their type of construction, and the owners names and addresses;

      9.   The method of fencing;

      10.   Coloration;

      11.   Materials;

      12.   Illumination;

      13.   Camouflage;

      14.   Certification that the wireless telecommunications facility, as represented in the application, will comply with all FAA, FCC, and other applicable regulations;

      15.   A map of all locations owned, leased or operated by the applicant (and their coverages) within ten miles of the proposed site, or which are capable of communication with the proposed site by wireless means;

      16.   A map of all designated multiple-site locations within two miles of the proposed site;

      17.   An inventory of the location, height, and type of applicant’s existing and proposed towers, wireless telecommunications facilities, and alternative tower structures located in or within one mile of the Town;

      18.   Certification that all wireless telecommunications facilities within 25 miles of the proposed site which are owned, leased, or operated by any provider who will use the proposed site comply with all applicable FCC, FAA, and other applicable regulations;

      19.   Certification of whether the applicant is applying for collocation treatment;

      20.   Certification that police departments, fire departments, other public safety agencies, water departments, and local governments located within five miles of the proposed site have been notified of the application;

      21.   Copies of all federal and state wireless telecommunications licenses for providers who will use the proposed facility;

      22.   A list of all existing PL zoning district sites located within five miles of the proposed site, with an explanation why each site is not adequate for reasonable commercial coverage; and

      23.   A list of each wireless telecommunications facility with which the proposed site has the potential to interfere, including the name, address, and phone number of each owner. Within ten days following filing of the application, the applicant shall file a certificate that each of the listed persons have been given written notice of the application.

   I.   When considering a special use permit application for towers, antennas and wireless telecommunications facilities, the Commission and the Council shall consider such factors as the height proposed for facilities, proximity to other uses, proximity of historic sites, proximity of landmarks, vehicle traffic routes, proximity of medical facilities, air routes, topographical features, availability of public utilities, site access, and suitability of alternative sites. With regard to alternative sites, the Commission and the Council shall be guided by the most recently adopted Wireless Telecommunications Plan for Central Yavapai County which sets forth the priority of properties on which to place towers, antennas and wireless telecommunications facilities. In addition, the following performance criteria are deemed to be consistent with the health, safety and welfare of the community with regard to siting of towers, antennas and wireless telecommunications facilities:

      1.   Existing structures will be preferred over new structures;

      2.   New structures which appear to be structures commonly found within the zoning district are preferred over apparent wireless telecommunications facilities;

      3.   Wireless telecommunications facilities which cannot be readily observed from adjacent streets are preferred;

      4.   Heights which do not exceed the height limitations for the particular zoning district are preferred;

      5.   Collocation of multiple uses on a single wireless telecommunications facility has significant favorable weight in evaluating an application;

      6.   Network development plans which achieve the fewest number of wireless telecommunications facilities reasonably necessary for commercial coverage have significant favorable weight in evaluating an application;

      7.   Location in the least restrictive zoning districts is preferred;

      8.   New facilities should not be sited within 300 feet of any residences (including single- and multi-family residences and residential facilities such as community residences and nursing homes), schools (but not including secondary school and college athletic fields), or hospitals; and

      9.   Suitability of the location for collocation of governmental public service wireless communication facilities has significant favorable weight in evaluating an application.

   J.   When issuing a decision on a special use permit application for towers, antennas and wireless telecommunications facilities, a written decision shall be issued based on the evidence in the written record, and no decision shall attempt to regulate radiofrequency emissions (except to require that applicants meet FCC standards).

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at sections 13-03-080, 13-21-060(A), 13-21-110, 13-21-120(E) and (F), and 13-21-160. Prior history: Enacted by Ordinance No. 439, 06/25/1998)

   A.   All public utilities and utility facilities must be sited and built to minimize noise, traffic, visual, and other adverse impacts on surrounding uses.

   B.   Public utilities are a permitted accessory use in all zoning districts.

   C.   Utility facilities other than solar as a primary use and wind turbines:

      1.   Require a conditional use permit issued pursuant to section 13-13-090 (conditional use permits) in the AG (agricultural), RU (residential; single family rural), RL (residential; single family limited), RM (residential; single family mixed housing), MH (residential; single family manufactured homes), MF (residential; multi-family dwelling units), and RS (residential and services) zones.

      2.   Are permitted in all other zones.

   D.   Solar as primary use and wind turbines require a special use permit issued pursuant to section 13-13-100 (special use permits) in the IG (industrial; general limited), IH (industrial; heavy), PL (public lands), and AG (agricultural) zones, and are prohibited in all other zones.

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

   A.   Vacation rentals and short-term rentals are permitted as required by A.R.S. § 9-500.39, subject to requirements of this section.

   B.   Owners shall provide all parking for guests on site in accordance with the residential parking requirements found in section 13-10-050 (off-street parking requirements).

   C.   Owners and guests shall comply with all applicable requirements of this Code, including those related to noise, fireworks, prostitution, offensive premises, nuisance lighting, refuse collection, and property maintenance.

   D.   Use of a vacation rental or short-term rental for the purposes of housing sex offenders, operating or maintaining a structured sober living home, selling illegal drugs, liquor control or pornography, obscenity, nude or topless dancing and other adult-oriented businesses is strictly prohibited.

   E.   The owner of a vacation rental or short-term rental shall provide the Town with emergency contact information for the owner or the owner's designee who is responsible for responding to complaints or emergencies in a timely manner in person if required by public safety personnel, over the phone, or by email at any time of day before offering for rent or renting the vacation rental or short-term rental. In addition to any other penalty imposed pursuant to this section, a civil penalty of $1,000 is imposed against the owner for every 30 days the owner fails to provide contact information as prescribed by this paragraph. The Town shall provide 30 days' notice to the owner before imposing the initial civil penalty.

   F.   The owner of a vacation rental or short-term rental shall obtain and maintain a Town vacation rental license. As a condition of issuance of the license, the applicant shall provide the following:

      1.   The name, address, telephone number, and email address for the owner or owner's agent.

      2.   The address of the vacation rental or short-term rental.

      3.   Proof of compliance with A.R.S. § 42-5005.

      4.   The 24-hour emergency point of contact provided pursuant to paragraph E of this section.

      5.   Acknowledgment of an agreement to comply with all applicable laws, regulations and ordinances.

      6.   The applicable fee.

   G.   Before offering a vacation rental or short-term rental for rent for the first time, the owner or the owner's designee of a vacation rental or short-term rental shall notify all single-family residential properties adjacent to and directly and diagonally across the street from the vacation rental or short-term rental.

      1.   Notice shall be deemed sufficient in a multifamily residential building if given to residents on the same building floor.

      2.   Additional notification shall be sent pursuant to this paragraph G if the contact information previously provided changes.

      3.   Notification provided in compliance with this paragraph G shall include:

         a.   The Town vacation rental license number,

         b.   The address of the vacation rental or short-term rental, and

         c.   The 24-hour emergency point of contact provided to guests pursuant to paragraph E of this section.

      4.   The owner or the owner's designee shall demonstrate compliance with this paragraph G by providing the town with an attestation of notification compliance that consists of the following information:

         a.   Town vacation rental license number,

         b.   The address of each property notified,

         c.   A description of the manner in which the owner or owner's designee chose to provide notification to each property subject to notification, and

         d.   The name and contact information of the person attesting to compliance with this paragraph.

   H.   The owner or owner's designee of a vacation rental or short-term rental shall display the Town vacation rental license number on each advertisement for a vacation rental or short-term rental that the owner or owner's designee maintains.

   I.   The vacation rental or short-term rental shall maintain liability insurance appropriate to cover the vacation rental or short-term rental in the aggregate of at least $500,000 or to advertise and offer each vacation rental or short-term rental through an online lodging marketplace that provides equal or greater coverage.

   J.   The Town shall issue or deny the Town vacation rental license number within seven business days of receipt of the information required by paragraph F of this section. The Town may deny issuance of the Town vacation rental license number for any of the following reasons:

      1.   Failure to provide the information required by paragraph F of this section.

      2.   Failure to pay the required license fee.

      3.   At the time of application the owner has a suspended permit or license for the same vacation rental or short-term rental.

      4.   The applicant provides false information.

      5.   The owner or owner's designee of a vacation rental or short-term rental is a registered sex offender or has been convicted of any felony offense that resulted in death or serious physical injury or any felony use of a deadly weapon within the past five years.

   K.   The Town may initiate an administrative process to suspend the Town vacation rental license for a period of up to 12 months for the following verified violations associated with a property:

      1.   Three verified violations within a 12-month period, not including any verified violation based on an aesthetic, solid waste disposal or vehicle parking violation that is not also a serious threat to public health and safety.

      2.   One verified violation that results in or constitutes any of the following:

         a.   A felony offense committed at or in the vicinity of a vacation rental or short-term rental by the vacation rental or short-term rental owner or owner's designee.

         b.   A serious physical injury or wrongful death at or related to a vacation rental or short-term rental resulting from the knowing, intentional, or reckless conduct of the vacation rental or short-term rental owner or owner's designee.

         c.   An owner or owner's designee knowingly or intentionally housing a sex offender, allowing offenses related to adult-oriented businesses, sexual offenses or prostitution, or operating or maintaining a sober living home, in violation of this section.

         d.   An owner or owner's designee knowingly or intentionally allowing the use of a vacation rental or short-term rental for a special event that would otherwise require a permit or license pursuant to a town ordinance or a state law or rule or for a retail, restaurant, banquet space or other similar use.

      3.   Notwithstanding paragraphs 1 and 2 of this paragraph K, any attempted or completed felony offense, arising from the occupancy or use of a vacation rental or short-term rental, that results in a death, or actual or attempted serious physical injury, shall be grounds for judicial relief in the form of a suspension of the property's use as a vacation rental or short-term rental for a period of time that shall not exceed 12 months.

   L.   The owner of a vacation rental or short-term rental shall provide sex offender background checks on a vacation rental or short-term rental guest. This requirement is waived if an online lodging marketplace performs a sex offender background check of the booking guest.

   M.   The Town imposes a civil penalty of the following amounts against an owner of a vacation rental or short-term rental if the owner receives one or more verified violations related to the same vacation rental or short-term rental property within the same 12-month period:

      1.   Up to $500 or up to an amount equal to one night's rent for the vacation rental or short-term rental as advertised, whichever is greater, for the first verified violation.

      2.   Up to $1,000 or up to an amount equal to two nights' rent for the vacation rental or short-term rental as advertised, whichever is greater, for the second verified violation.

      3.   Up to $3,500 or up to an amount equal to three nights' rent for the vacation rental or short-term rental as advertised, whichever is greater, for a third and any subsequent verified violation.

   N.   An existing vacation rental or short-term rental that fails to apply for a Town vacation rental license within thirty days of the effective date of this section must cease operations. In addition to any civil penalties imposed pursuant to paragraph M of this section, a civil penalty of $1,000 per month shall be imposed against the owner if the owner or owner's designee fails to apply for a Town vacation rental license within thirty days after receiving written notice of the failure to comply with paragraph F this section.

   O.   If multiple verified violations arise out of the same response to an incident at a vacation rental or short-term rental, those verified violations are considered one verified violation for the purpose of assessing civil penalties or suspending the regulatory permit or license of the owner pursuant to this section.

   P.   If the owner of a vacation rental or short-term rental has provided contact information to the Town pursuant to paragraph E of this section and if the Town issues a citation for a violation of the Town's applicable laws, regulations or ordinances or a state law that occurred on the owner's vacation rental or short-term rental property, the Town shall make a reasonable attempt to notify the owner or the owner's designee of the citation within seven business days after the citation is issued using the contact information provided pursuant to paragraph E of this section. If the owner of a vacation rental or short-term rental has not provided contact information pursuant to paragraph E of this section, the Town is not required to provide such notice.

   Q.   This section does not exempt an owner of a residential rental property, as defined in A.R.S. § 33-1901, from maintaining with the Yavapai County Assessor information required under A.R.S. title 33, chapter 17, article 1.

   R.   A vacation rental or short-term rental may not be used for nonresidential uses, including for a special event that would otherwise require a permit or license pursuant to a Town ordinance or a state law or rule or for a retail, restaurant, banquet space or other similar use.

   S.   For the purposes of this section:

      1.   "Online lodging marketplace" has the same meaning prescribed in A.R.S. § 42-5076.

      2.   "Transient" has the same meaning prescribed in A.R.S. § 42-5070.

      3.   "Vacation rental" or "short-term rental":

         a.   Means any individually or collectively owned single-family or one-to-four-family house or dwelling unit or any unit or group of units in a condominium or cooperative 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.

         b.   Does not include a unit that is used for any nonresidential use, including retail, restaurant, banquet space, event center, or another similar use.

      4.   "Verified violation" means a finding of guilt or civil responsibility for violating any state law or this section that has been finally adjudicated.

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