This document shall be officially known as the "Development Code of the City of Buckeye, Arizona," and is referred to throughout this document as "this Development Code." This Development Code shall become effective on November 20, 2025, as amended.

(Ord. No. 28-25, § 3, 10-21-2025)

This Development Code is enacted in accordance with the laws of the State of Arizona, including, but not limited to, A.R.S. §§ 9-461 et seq., 9-462 et seq., and 9-463 et seq., all as may be amended from time to time, and all other powers authorized by the Constitution of the State of Arizona, state statutes, and common law, including those for the regulation of land uses, land use planning and development, subdivision, environmental protection, police powers, and the power to abate nuisances.

(Ord. No. 28-25, § 3, 10-21-2025)

The provisions of this Development Code are enacted to protect the public health, safety, and general welfare and to implement the policies of the City General Plan, as may be amended from time to time. The provisions are specifically intended to:

1.3.1.

Ensure public safety, convenience, and accessibility through the physical design and location of land use activities;

1.3.2.

Promote healthy and sustainable density of development;

1.3.3.

Encourage the efficient use of the available land supply in the City, including redevelopment of underutilized land in central areas;

1.3.4.

Preserve the character and quality of neighborhoods;

1.3.5.

Promote a balanced supply of commercial, industrial, institutional, and transportation land uses that is compatible with adjacent land uses and has good access to transportation networks;

1.3.6.

Ensure the provision of adequate open space for light, air, and fire safety;

1.3.7.

Preserve the value of buildings and land;

1.3.8.

Support adequate and diverse housing supply for current and future residents;

1.3.9.

Provide for the preservation of regional parks, desert lands, and other lands of significance for the protection of the natural environment;

1.3.10.

Protect approach slopes and other safety areas of licensed airports, including military air facilities;

1.3.11.

Support timely citizen involvement in land use decision-making; and effective and efficient development review and land use administration; and

1.3.12.

Promote and protect the public health, safety, comfort, and general welfare of the residents of the City.

(Ord. No. 28-25, § 3, 10-21-2025)

This Development Code implements the planning policies adopted by the City Council for the incorporated boundaries and the Municipal Planning Area, as adopted in the City General Plan.

(Ord. No. 28-25, § 3, 10-21-2025)

1.5.1.

General Applicability. The provisions of this Development Code shall apply to all land, buildings, structures, and uses located within the City, unless an exemption is provided by or in compliance with the terms of this Development Code.

1.5.2.

Annexed Territory. When any territory is brought into the jurisdiction of the City, by annexation or otherwise, the City Council shall designate the zoning district(s) applicable to the territory at the time of annexation that is most similar to the current County zoning. This provision shall not preclude subsequent rezoning of the property by amendment in the manner set forth in Section 8.5, Amendments to the Zoning Map (Rezonings) of this Development Code.

1.5.3.

Exemption for Public Agencies. To the extent allowed by law, the provisions of this Development Code shall not apply to all land, buildings, structures, and uses owned and/or controlled by any municipal, county, state, or federal government agencies in the City.

1.5.4.

Required Compliance. A building or structure shall not be erected, converted, enlarged, reconstructed, or altered for use as defined by the City's Building Code, nor shall any land, building, or structure be used or changed, except in compliance with all applicable regulations established by this Development Code. A lot of record that did not exist on the effective date of this Development Code shall not be created, by subdivision or otherwise, that does not conform to the applicable requirements of this Development Code, except as otherwise exempted from the provisions of this Development Code.

(Ord. No. 28-25, § 3, 10-21-2025)

1.6.1.

General. The boundaries of zoning districts established in this Development Code are delineated upon the City Zoning Map (Zoning Map) adopted in place as of January 16, 2010, and as amended per the effective date of this ordinance, as part of this Development Code as fully as if the same were set forth in this Section in detail. Procedures for amending the Zoning Map are set forth in Section 8.5, Amendments to the Zoning Map (Rezonings).

1.6.2.

Interpretation. The following rules of interpretation shall apply when determining boundaries of zoning districts:

A.

Zoning shall not apply to rights-of-way. Where a zoning district is indicated to encroach into a right-of-way, it shall be construed that the zoning district only applies to property which is not right-of-way. Where future right-of-way is dedicated within existing zoning districts, the zoning district shall be deemed removed from rights-of-way. Where right-of-way is abandoned, the zoning applicable to the adjacent property shall be extended to the centerline of the abandoned right-of-way.

B.

In cases where the platted and physical rights-of-way do not coincide, the Zoning Administrator will determine the location of the zoning district boundary.

C.

In unsubdivided property, zoning district boundaries shall be determined by use of the scale on the map. A legal description acceptable to the Zoning Administrator shall be made available in the event of a controversy arising concerning zoning district boundaries.

D.

Where a zoning district boundary is shown by specific dimension as being located at any given distance from any right-of-way line, the specific dimension shall govern.

(Ord. No. 28-25, § 3, 10-21-2025)

1.7.1.

Minimum Requirements. This Development Code establishes minimum requirements for public health, safety, and welfare.

1.7.2.

Conflict with Other Public Laws, Ordinances, Regulations, or Permits. This Development Code complements other City, state, and federal regulations that affect land use. This Development Code is not intended to revoke or repeal any other public law, ordinance, regulation, or permit. However, where conditions, standards, or requirements imposed by any provision of this Development Code are either more restrictive or less restrictive than comparable standards imposed by any other public law, ordinance, or regulation, the provisions that are more restrictive or that impose higher standards or requirements, as determined by the Zoning Administrator, shall govern.

1.7.3.

Conflict with Agreements Between Private Properties. This Development Code is not intended to revoke or repeal any easement, covenant, or other agreements between private parties. However, where the regulations of this Development Code are more restrictive or impose higher standards or requirements than an easement, covenant, or other agreements between private properties, then the requirements of this Development Code shall govern in compliance with applicable Arizona law. Nothing in this Development Code shall modify or repeal any private covenant or deed restriction, but the covenant or restriction shall not excuse any failure to comply with this Development Code. In no case shall the City be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.

1.7.4.

Severability Provisions.

A.

If any court of competent jurisdiction invalidates any specific provision of this Development Code, then the judgment shall not affect:

1.

The validity and continued enforcement of any other provision of this Development Code.

2.

The application of that provision to any other building, structure, or use not specifically included in that judgment.

B.

If any court of competent jurisdiction invalidates any condition attached to the approval of an application for development approval, then the judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.

(Ord. No. 28-25, § 3, 10-21-2025)

1.8.1.

Purpose. The purpose of transitional regulations is to clarify the status of properties with pending applications or recent approvals, as those terms are used below.

1.8.2.

Processing of Applications Commenced or Approved Under Previous Ordinances.

A.

Pending Applications.

1.

Any complete application that has been submitted for review, but upon which no final action has been taken by the appropriate decision-making body prior to the effective date of this Development Code, shall be reviewed in compliance with the Development Code in effect on the date the application was deemed complete. If the applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire, and subsequent applications shall be subject to the requirements of this Development Code. Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.

a.

Applications Following Pre-Application. A complete application submitted no later than nine months after a Pre-Application meeting may, if requested by the applicant, be reviewed in compliance with the Development Code in effect on the date of the Pre-Application meeting. Any complete application submitted more than nine months after a Pre-Application meeting must be reviewed in compliance with the Development Code in effect on the date the application was deemed complete.

2.

An applicant with a complete application that has been submitted for approval, but upon which no final action has been taken prior to the effective date of an ordinance amending an applicable portion of the Development Code, may request review under the newly-adopted, but not yet effective Development Code by a written letter to the Zoning Administrator.

B.

Approved Projects.

1.

Generally. Conditional Use Permits (CUPs), Site Plans, Building Permits, and Variances that are valid on November 20, 2025, shall remain valid until their expiration date. Projects with valid approvals or permits shall be completed in compliance with the development standards in effect at the time of approval. If the approval or permit expires, future development shall comply with the requirements of this Development Code.

2.

Planned Area Development (PAD). Development of property subject to a PAD existing on the effective date of the ordinance from which this Article is derived, shall continue in compliance with the terms and conditions of the PAD and related Development Agreement, if applicable. Refer to Section 8.6, Planned Area Development.

a.

As set forth in Section 2.7, Planned Area Development District, for procedural purposes, each occurrence of the term PAD also refers to all previously approved Community Master Plans (CMPs) and PADs, including previous CMP and PAD Overlay Districts and CMP and PAD Zoning Districts, unless otherwise specified.

(Ord. No. 28-25, § 3, 10-21-2025)

1.9.1.

General Provisions.

A.

Purpose. The purpose of Section 1.9 is to regulate and restrict uses, structures, and lots that were established legally prior to the effective date of this Development Code but do not conform to the requirements of this Development Code. All situations are collectively referred to in this Section as "nonconformities." While nonconformities may continue, Section 1.9 is intended to curtail investment in nonconformities and bring about their eventual elimination in order to preserve the integrity of this Development Code and the desired character of the City.

B.

Authority to Continue.

1.

Generally. Any nonconformity that lawfully existed as of the effective date of this Development Code and that remains nonconforming, and any nonconformity that is created as a result of the adoption of this Development Code or any subsequent amendment to the text of this Development Code, may be continued or maintained as a nonconformity only in compliance with the terms of this Section 1.9.

2.

Exception Due to Variances or Minor Modifications. Notwithstanding subsection 1.9.1.B.1, where a Variance or Minor Modification has been granted that results in a development standard or feature that does not otherwise conform to the requirements of this Development Code, that development standard or feature shall be deemed conforming and this Section 1.9 shall not apply.

C.

Determination of Nonconformity Status. In all cases, the burden of establishing the existence of a nonconformity shall be solely upon the property owner of the nonconformity, not the City.

D.

Nonconformities Created Through Government Action. If a structure, use of land, use of structure, or characteristic of use does not comply with the requirements of this Development Code solely as a result of an acquisition of land or other action by a government agency for a public purpose, then the structure, use of land, use of structure, or characteristic of use on land not acquired by the government shall be deemed conforming.

E.

Change of Ownership or Tenancy. Changes of ownership, tenancy, or management of property with an existing nonconformity may occur, but the nonconformities shall continue to be subject to the provisions of this Section 1.9.

F.

Maintenance and Minor Repair. Minor repairs or maintenance of nonconformities are allowed, provided that the minor repairs and maintenance do not increase the extent of nonconformity. Examples of increasing the extent of nonconformity may include increasing the size of a structure that encroaches into setbacks or expanding a nonconforming outdoor use to land not previously utilized for the nonconforming use. For purposes of this Section, "maintenance or minor repair" shall mean:

1.

Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or exterior or interior appearance of a building or structure without expanding the building or structure, except in the case of damage or destruction of more than 50 percent of the nonconforming structure as provided in subsection 1.9.2.B;

2.

Maintenance of land areas to protect against health and environmental hazards; and

3.

Repairs that are required to remedy unsafe conditions that cause a threat to public safety.

G.

Abandonment of Nonconforming Uses.

If a nonconforming use is not used for a period of 180 consecutive days after the date it is rendered nonconforming, then that use shall not be renewed or reestablished and any subsequent use of the parcel of land or structure shall conform to the regulations of the zoning district in which it is located.

1.9.2.

Nonconforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of this Development Code that could not be built under the terms of this Development Code by reason of restrictions on area, lot coverage, height, setbacks, or other characteristics of the structure or its location on the property, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

Enlargement, Alteration, or Movement.

1.

A nonconforming structure may not be enlarged or altered in a way that increases its nonconformity, unless expansion of a nonconforming structure is approved through a CUP approved under Section 8.7, Conditional Use Permits (CUPs), of this Development Code, except that nonconforming single-family dwellings may be expanded into required setbacks so long as the expansion does not encroach further into the required setback than the existing building.

2.

Should a nonconforming structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the zoning district(s) in which it is located after it is moved.

B.

Damage or Destruction.

1.

If a nonconforming structure is damaged or destroyed by any means to an extent greater than 50 percent of its replacement cost at the time of damage or destruction, then the structure shall not be re-established unless it is made to conform to the requirements of this Development Code.

2.

Where a nonconforming building is damaged by 50 percent or less of its replacement cost at the time of damage, it may be repaired or restored, provided any repair or restoration is started within 12 months and is completed within 18 months from the date of partial destruction. The repair or restoration period may be administratively extended by an additional six months if, in the opinion of the Zoning Administrator, a compelling reason for the delay exists, including, but not limited to, a documented inability to obtain necessary materials to complete the repair or restoration.

3.

The City's Chief Building Official shall determine the above reconstruction costs. The cost of land or any factors other than the cost of the structure are excluded from the determination of cost of restoration for any nonconforming structure. Appeal of the Chief Building Official's determination may be made to the Planning and Zoning Commission following the procedures under Section 8.14, Appeals and Reconsideration or Rehearing of Decisions, of this Development Code.

1.9.3.

Nonconforming Uses of Structures and Land.

A.

Nonconforming Use of Structure. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this Development Code, the lawful use may be continued even if the use does not conform to the standards of this Development Code, so long as it remains otherwise lawful, and subject to the following provisions:

1.

An existing structure devoted to a use not permitted by this Development Code shall not be enlarged, moved, or altered except by changing the use of the structure to a use permitted in the district in which it is located, unless expansion of a nonconforming structure devoted to a nonconforming use is approved through a CUP approved under Section 8.7, Conditional Use Permits (CUPs), of this Development Code.

2.

Any nonconforming use may be extended throughout parts of a building that were manifestly arranged or designed for the use at the time of adoption or amendment of this Development Code, but no use shall be extended to occupy any land outside the building.

3.

When a nonconforming use of a structure is superseded by a permitted use, the permitted use shall conform to the regulations for the district in which the structure is located, and the nonconforming use may not be resumed.

B.

Nonconforming Use of Land. Where, at the effective date of adoption or amendment of this Development Code, lawful uses of land exist that are no longer permissible under the terms of this Development Code as enacted or amended, the uses may be continued so long as they remain otherwise lawful, subject to the following provisions:

1.

A nonconforming use shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Development Code.

2.

A nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel occupied by the use at the effective date of adoption or amendment of this Development Code.

C.

Conditional Uses. A use that received a CUP prior to the effective date of this Development Code and that is permitted in its entirety as a principal use in the district in which it is located under this Development Code shall not be deemed a nonconforming use. The use shall be deemed a permitted principal use, and the conditional use approval shall be null and void.

1.9.4.

Uses, Structures, and Lots Rendered Conforming. A use, structure, or lot not lawfully existing at the time of the adoption of this Development Code can be deemed lawful and conforming as of the effective date of this Development Code, provided it conforms to all requirements of this Development Code. Any lawfully approved platted lot shall be deemed conforming even if it does not meet current dimensional standards.

(Ord. No. 28-25, § 3, 10-21-2025)