A.
Building permit required. No owner shall, within the City of Prescott,
build, construct, use or place any type of an accessory building,
including prefabricated accessory buildings and accessory dwelling
units, until a building permit shall have first been obtained from
the Building Inspector. Application for an accessory building permit
shall be made in writing to the Building Inspector. With such application,
there shall be submitted a fee pursuant to the City Building Code
and a complete set of plans and specifications, including a plot plan
or drawing accurately showing the location of the proposed accessory
building with respect to adjoining alleys, lot lines and buildings.
If such application meets all requirements of this section, the application
shall be approved.
B.
Principal use to be present. An accessory use or structure in any
zoning district shall not be established prior to the principal use
or structure being present or under construction. Any accessory use
or structure shall conform to the applicable regulations of the district
in which it is located, except as specifically otherwise provided.
If an accessory structure is placed before a principal structure,
a site plan must be provided with the application showing where the
principal structure and accessory structure will be placed. The accessory
structure must be placed in either the rear or side yard and meet
all setbacks and other requirements set forth within that zoning district.
A principal structure must be built within three years of the application
for the accessory structure.
C.
Placement restrictions, residential district. An accessory use or
structure in a residential district may be established subject to
the following regulations:
(1)
Accessory building number limits. In any residential district, in
addition to the principal building, no more than three accessory building
uses (including an accessory dwelling unit) and one children' s play
structure may be placed on a lot.
(a)
For the purpose of this subsection, structures such as in-ground
pools, patios and other structures without a roof shall not count
towards the accessory building number limits. However, any such structure(s)
excluded from the accessory building number limit shall be included
in the rear yard, total building area (impervious surface) calculations.
(2)
Attached accessory buildings. All accessory buildings which are attached
to the principal building shall comply with the yard requirements
of the principal building.
(3)
Detached accessory buildings.
(a)
Lot area coverage and building height.
(1)
No detached accessory building shall occupy any portion of the required
front yard.
(2)
The height of garages and other detached accessory buildings shall
not exceed the height of the principal structure.
(3)
Detached accessory building(s) shall not occupy, in total, more than
30% of the required rear yard. No detached accessory building shall
be located within five feet of any other accessory building. Galvanized
exterior finishes are not permitted on detached accessory structures.
Setbacks shall be as prescribed by district regulations. The dimensions
of any swimming pool, children's play structure, detached garage,
tennis court and other detached accessory buildings/structures shall
be included in the determination of available lot area coverage for
accessory structures. An accessory building shall not be nearer than
10 feet to the principal structure unless the applicable building
code regulations in regard to one-hour fire-resistive construction
are complied with. All detached structures over 200 square feet in
size, in a residential district, must have a finished fascia and soffit
on all sides, and exterior finishes shall be compatible/consistent
with the finishes of the principal structure unless an alternative
option is approved by the Plan Commission. In no event can the accessory
uses or structures be forward of the front line of the principal structure.
(a.1)
Residential accessory structure setbacks accessory dwelling units in accordance with Article IV.
(1)
Front yard: No accessory structure may be forward
of the front line of the principal structure unless a conditional
use is approved.
(2)
Rear yard: five feet to any rear and/or rear yard
side lot line if structure is 144 square feet or less; 25 feet from
rear yard and five feet from the rear yard side lot line if structure
is greater than 144 square feet. Accessory structures larger than
144 square feet may be placed five feet from the rear lot line upon
receipt by the City of a signed document indicating that all adjoining
property owners have reviewed the plans and location of said structure
and approve such structure and location.
[a]
In cases where a structure is irregular in shape, the rear yard
setback shall be measured as the distance from the face of the rear
wall(s) to the rear lot line. Such setback shall mirror the shape
of the structure therefore the shape of the setback line will also
be irregular in shape.
(3)
Side yard: accessory structure allowed in a side
yard shall be an accessory building where the setback will be the
same as the principal structure.
D.
Use restrictions in residential district. Accessory uses or structures in residential districts shall not involve the conduct of any business, trade or industry except for home occupations as defined herein and shall not be occupied as a dwelling unit. Detached buildings shall not be used for residential purposes except when approved as an ADU and in accordance with Article I.
E.
Placement restrictions in nonresidential districts. An accessory
use or structure in a business or manufacturing district may be established
in the rear yard or side yard and shall not be nearer than five feet
to any side or rear lot line.
F.
Landscaping uses; lawn accessories. Accessory structures and vegetation
used for landscaping and decorating may be placed in any required
yard area. Permitted structures and vegetation include flag poles,
ornamental light standards, lawn furniture, sun dials, decorative
pools, fountains, statuary, bird baths, trees, shrubs and flowers
and gardens; although such structures are permitted in setback areas,
they shall not be located closer than two feet to an abutting property
line other than a street line. Under no circumstances may a tent be
used as a dwelling or an accessory structure.
G.
Temporary uses. Temporary accessory uses such as real estate sale
field offices or shelters for materials and equipment being used in
the construction of the permanent structure may be permitted by the
Zoning Administrator.
H.
Garages in embankments in front yards. Where the mean natural grade
of a front yard is more than eight feet above the curb level, a private
garage may be erected within the front yard, provided that:
I.
Outdoor lighting. Outdoor lighting installations shall not be permitted
closer than three feet to an abutting property line and, where not
specifically otherwise regulated, shall not exceed 15 feet in height
and shall be adequately shielded or hooded so that no more than 1/2
footcandle at the property line.
J.
Retaining walls. Retaining walls may be permitted anywhere on the
lot; provided, however, that no individual wall shall exceed six feet
in height, and a terrace of at least three feet in width shall be
provided between any series of such walls. The setback from side or
rear lot lines for retaining walls shall be a distance equal to the
height of the wall(s).
K.
Children's play structures. For purposes of this section, children's
play structures, including play houses, tree houses or elevated play
structures and climbing gyms, shall be considered accessory structures
and shall comply with the requirements of this section, whether such
play structures are placed on a foundation or not. Swing sets, slides
and sandboxes are not considered children' s play structures for purposes
of this section. A building permit is not required for the construction
of a play structure. Play structures shall not be used for storage
or be constructed out of materials that would constitute a nuisance.
A.
No person shall store firewood in the front yard on residentially
zoned property, except that firewood may be temporarily stored in
the front yard for a period of 30 days from the date of its delivery.
B.
Firewood should be neatly stacked and may not be stacked closer than
two feet to any lot line and not higher than six feet from grade,
except adjacent to a fence where firewood can be stacked against the
fence as high as the fence. "Fence" as used in this section shall
not include hedges and other vegetation.
C.
All brush, debris and refuse from processing of firewood shall be
promptly and properly disposed of and shall not be allowed to remain
on the premises.
D.
Woodpiles that contain diseased wood that is capable of transmitting
disease to healthy trees and woodpiles that harbor or are infested
or inhabited by rats or other vermin are public nuisances and may
be abated pursuant to the provisions of this Code of Ordinances.
E.
Not more than 20% of the side and rear yard may be used for storage
of firewood at any one time.
A.
Fences defined. For the purpose of this section, "fence" is herein
defined as an enclosed barrier consisting of wood, stone, or metal
intended to prevent ingress or egress. No fence shall be constructed
of unsightly or dangerous materials which would constitute a nuisance.
B.
Fences categorized. Fences shall be categorized into seven classifications:
(1)
Boundary fence. A fence placed on or within two feet of the property
lines of adjacent properties.
(2)
Protective fence. A fence constructed to enclose a hazard to the
public health, safety and welfare.
(3)
Architectural or aesthetic fence. A fence constructed to enhance
the appearance of the structure or the landscape.
(4)
Picket fence. A fence having a pointed post, stake, pale or peg laced
vertically with the point or sharp point pointing upward to form a
part of the fence.
(5)
Security fences. Security fences shall not exceed eight feet in height
and shall be of an open type similar to woven wire or wrought iron
fencing.
(6)
Temporary fences. Fences erected for the protection of planting or
to warn of construction hazard, or for similar purposes, shall be
clearly visible or marked with colored streamers or other such warning
devices at four-foot intervals. Such fences shall comply with the
setback requirement set forth in this section The issuance of a permit
shall not be necessary for temporary fences as described herein, but
said fences shall not be erected for more than 45 days.
(7)
Snow fences. Utility snow fences may be used only during the winter
months and shall be removed at the end of each winter season.
C.
Height of fences regulated.
(1)
Residential fences six feet or less in height are permitted on rear and side lot lines. Front yard fences four feet in height built after June 30, 1999 are permitted on the front lot lines except in vision triangles where said fence is not to exceed 2 1/2 feet in height. For corner lots, the front yard will be the side of the parcel with street access and a driveway; such front yard fence shall not exceed four feet in height, except in vision triangles where said fence is not to exceed 2 1/2 feet in height. Refer to § 635-53 for definition of vision triangle. All fences must be constructed and maintained in a good state of repair and appearance.
(2)
No fence shall be erected, placed, maintained or grown along a lot
line on any nonresidentially zoned property, adjacent to a residentially
zoned property, to a height exceeding eight feet.
D.
Fences placed on property lines.
(1)
All fences placed on property line must have written approval of
the adjoining property owners.
(2)
If the adjoining property owner does not grant permission, the fence
can be placed no closer than two feet from the property line.
(3)
If a new fence is constructed or erected on the property line without
the expressed approval of the adjoining property owner, whether requiring
a permit or not, a written complaint may be filed with the Zoning
Administrator and he shall serve notice to the owner that the fence
must be removed. If the fence owner does not comply within 30 days,
the Zoning Administrator may request the City to remove it at the
owner's expense.
(4)
Any fence may be placed two feet from the property line without permission
of adjoining property owners.
(5)
All fences must be set back at least five feet from the front property
line.
E.
Prohibited fences. No fence shall be constructed which is in a dangerous
condition, or which conducts electricity or is designed to electrically
shock or which uses barbed wire; provided, however, that barbed wire
may be used in industrially zoned areas if the devices securing the
barbed wire to the fence are eight feet above the ground or height
and project toward the fenced property and away from any public area.
F.
Fences to be repaired. All fences shall be maintained and kept safe
and in a state of good repair, and the finished side or decorative
side of a fence shall face adjoining property.
G.
Temporary fences. Fences erected for the protection of planting or
to warn of construction hazard, or for similar purposes, shall be
clearly visible or marked with colored streamers or other such warning
devices at four-foot intervals. Such fences shall comply with the
setback requirements set forth in this section. The issuance of a
permit shall not be necessary for temporary fences as described herein,
but said fences shall not be erected for more than 45 days.
H.
Nonconforming fences. Any fence existing on the effective date of
this Code and not in conformance with this section may be maintained,
but any alteration, modification or improvement of said fence shall
comply with this section.
I.
Fence permit. No person shall erect a fence in the City unless a
permit is first obtained by the owner or his agent from the Zoning
Administrator. The applicant shall submit design specifications for
approval and pay required permit fees at the time of making application.
J.
Property boundary determinations. Fences shall be erected on the
owner's property and responsibility for establishing the property
line shall rest with the property owner erecting the fence. The dress
side of the fence shall be on the outside. All parts of the fence
shall be erected on the owner's property.
K.
Snow fences. Utility snow fences may be used only during the winter
months and shall be removed at the end of each winter season.
A.
SWIMMING POOL
Definition. As used in this section, the following terms shall have
the meanings indicated:
Is a body of water or an outdoor structure containing a body
of water in a receptacle or other container having a depth for water
at any point greater than 15 inches located above or below the surface
of ground elevation. The term includes all structural facilities,
appliances and appurtenances, equipment and other items used and intended
to be used for the operation and maintenance of a private or residential
swimming pool.
B.
Exempt pools. Storable children's swimming or wading pools with a
maximum dimension of 15 feet and a maximum wall height of 15 inches
and which are so constructed that they may be readily disassembled
for storage and reassembled to their original integrity are exempt
from the provisions of this section.
C.
Building permit required for in-ground pools. Before work is commenced
on the construction or erection of private or residential swimming
pools or on any alterations, additions, remodeling or other improvements,
an application for a swimming pool building permit to construct, erect,
alter, remodel or add must be submitted, in writing, to the Building
Inspector. Plans, and specifications and pertinent explanatory data
should be submitted to the Building Inspector at the time of application.
No work or any part of the work shall be commenced until a written
permit for such work is obtained by the applicant. The required building
permit fee pursuant to the City Building Code shall accompany such
application.
D.
Construction requirements: in addition to such other requirements as may be reasonably imposed by the Building Inspector. The Building Inspector shall not issue a permit for construction as provided for in Subsection C, unless the following construction requirements are observed:
(1)
Approved materials. All materials and methods of construction in
the construction, alteration, addition, remodeling or other improvements
and pool installation shall be in accord with all state regulations
and code and with any and all ordinances of the City now in effect
or hereafter enacted.
(2)
Plumbing. All plumbing work shall be in accordance with all applicable
ordinances of the City and all state codes. Every private or residential
swimming pool shall be provided with a suitable draining method and
in no case shall waters from any pool be drained into the sanitary
sewer system, onto lands of other property owners adjacent to that
on which the pool is located or in the general vicinity.
(3)
Electrical installations. All electrical installations, including
lighting and heating but not limited thereto, which are provided for,
installed and used in conjunction with a private swimming pool shall
be in conformance with the state laws and City ordinances regulating
electrical installations.
E.
Setbacks and other requirements.
(1)
Private swimming pools shall be erected or constructed on rear or
side lots only and only on a lot occupied by a principal building.
No swimming pool shall be erected or constructed on an otherwise vacant
lot. A lot shall not be considered vacant if the owner owns the contiguous
lot and said lot is occupied by a principal building.
(2)
All swimming pools shall be at least 10 feet from any lot line or
building unless designed and approved as an addition to a building.
F.
Swimming pool safety fences.
(1)
Access requirements.
(a)
All swimming pools to be constructed or which are already constructed
shall be completely surrounded by a fence or wall not less than four
feet in height, which shall be so constructed as not to have openings,
holes or gaps larger than four inches in diameter, except for doors
and gates. A dwelling or accessory building may be used as part of
such enclosure. An aboveground pool with a wall greater than four
feet in height does not require a fence. A fence surrounding a yard
may also be used to meet this requirement.
(b)
Aboveground pools shall be protected in such a way that accessways,
other than those afforded by the dwelling house or accessory buildings,
shall be equipped with self-closing and self-latching gates or doors
(including removal of ladders to pools when not in use) and are kept
securely closed at all times when not in actual use.
(2)
Construction
requirements. As part of the building permit requirements, an applicant
shall conform to the following:
(a)
Submit a scaled drawing site plan indicating the location of the
building, pool, decking, fence and gates.
(b)
Install safety fencing around pool site during construction and until
a permanent fence and gate are in place. The permanent fence shall
be in place within seven days of filling of the pool. For the purpose
of this subsection, seven days after filling shall be considered the
end of the construction.
G.
Compliance. All swimming pools existing at the time of passage of
this Code of Ordinances not satisfactorily fenced shall comply with
the fencing requirements of this section when water is placed in the
pool. Enclosures on existing pools shall be inspected by the Building
Inspector for compliance. Variations in enclosure requirements that
do not adversely affect the safety of the public may be approved.
H.
Draining and approval thereof. No private swimming pool shall be
constructed so as to allow water therefrom to drain into any sanitary
sewer nor to overflow upon or cause damage to any adjoining property.
Provisions may be made for draining the contents of any swimming pool
into a storm sewer, but such installation shall be subject to prior
approval by the Plumbing Inspector.
I.
Filter system required. All private swimming pools within the meaning
of this chapter must have, in connection therewith, some filtration
system to assure proper circulation of the water therein and maintenance
of the proper bacterial quality thereof.
J.
Dirt bottoms prohibited. All swimming pools of a permanent nature
shall have the sides and bottom of a smooth finish, and no sand or
dirt bottom shall be permitted.
A.
Purpose. The purpose of this section is to protect public and private
property from the effects of poorly designed and constructed retaining
walls.
B.
Permit required. A permit shall be required for all retaining walls
constructed that exceed 24 inches in height, including terraced retaining
wall projects where the total height of all walls exceeds 24 inches,
and are closer than 15 feet to a property line.
C.
Application. Application shall be made to the Zoning Administrator
on forms provided and shall include a site plan and a set of construction
plans. Plans sealed by a professional engineer registered in the state
and/or other information necessary to adequately review the proposed
retaining wall may also be required by the Zoning Administrator.
D.
Performance standards. A retaining wall shall be designed to resist
the lateral pressure of the retained material in accordance with accepted
engineering practice. Walls retaining drained earth may be designed
for pressure equivalent to that exerted by an equivalent fluid weighing
not less than 30 pounds per cubic foot and having a depth equal to
that of the retained earth. Any surcharge shall be in addition to
the equivalent fluid pressure.
