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 March 21, 2024, as amended.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 01-24, § 3(Exh. B), 2-20-2024)

This Development Code is enacted pursuant to 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. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

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 of Buckeye 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.

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

1.3.10.

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

1.3.11.

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 of Buckeye.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

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 Buckeye General Plan.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

1.5.1.

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

1.5.2.

Annexed Territory. When any territory is brought into the jurisdiction of the City of Buckeye, by annexation or otherwise, the City Council shall designate the zoning district(s) applicable to such territory at the time of annexation that is most similar to the current county zoning. This provision shall not preclude subsequent rezoning of such 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 of Buckeye.

1.5.4.

Required Compliance. No building or structure shall 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 accordance with all applicable regulations established by this Development Code. No lot of record that did not exist on the effective date of this Development Code shall 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. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

1.6.1.

General. The boundaries of zoning districts established in this Development Code are delineated upon the City of Buckeye 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 centerline of the abandoned right-of-way.

B.

No zoning district boundary shall be established to divide one lot into two or more districts unless approved by the City Council. Development is allowed to encroach up to 20 feet into another zoning district and use the less restrictive district provisions. This provision is not allowed for encroachment into single-family zoning districts.

C.

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

D.

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

E.

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

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 25-17, § 1(Att. § 1), 12-19-2017; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

1.7.1.

Minimum Requirements. This 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 City Manager or designee, 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 such easement, covenant, or other agreements between private properties, then the requirements of this Development Code shall govern in accordance with applicable Arizona law. Nothing in this Development Code shall modify or repeal any private covenant or deed restriction, but such 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 provision of this Development Code, then such 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.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

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 accordance with the City 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.

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 this Development Code, may request review under this Development Code by a written letter to the Director.

B.

Approved Projects.

1.

Generally. Conditional Use Permits, Site Plans, Building Permits, and Variances that are valid on May 19, 2022, shall remain valid until their expiration date. Projects with valid approvals or permits shall be completed pursuant to 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.

Community Master Plan (CMP) and Planned Area Development (PAD). Development of property subject to a Community Master Plan (CMP) or Planned Area Development (PAD) existing on the effective date of the ordinance from which this article is derived, shall continue in accordance with the terms and conditions of the CMP or PAD and related Development Agreement, if applicable subject to the following:

a.

For Master Planned Developments, land uses, densities, intensities and other Development Standards are established as set forth in the CMP or PAD applicable to the master planned development at the time the CMP or PAD is adopted. The city may at any time amend existing, or adopt new, laws, rules, regulations and standards of development applicable to development of property under the jurisdiction of the city. In the event that the new laws, rules, regulations and standards of development conflict with those of the existing CMP or PAD, the new laws, rules, regulations and standards of development shall govern, subject however, to vesting provisions of Arizona law.

b.

If the amendment of existing, or new, laws, rules, regulations and standards of development affect an amendment of existing standards under a CMP or PAD, such new standards shall be incorporated by the Director or their designee into the existing Community Master Plan, and shall be in effect 30 days following the City Council's approval of the new, or amended, laws, rules, regulations and standards of development.

Any and all provision of this Code that do not infringe upon a CMP or PAD land uses, densities, or intensities shall apply to all existing CMPs and PADs. The city and owners of property subject to CMPs or PADs shall review and determine the applicability of this Code in accordance with applicable Development Agreements, this Code, and Arizona law.

3.

Amendments to Community Master Plans.

a.

Application Submittal. To amend a CMP or PAD approved prior to the effective date of this Code, an application shall be filed with the Development Services Department for both the CMP and PAD and related Development Agreement, if applicable. All such applications must be signed by all owners of property, or their designees, within the area that is directly subject to the proposed amendment to the CMP or PAD.

b.

Application Completeness.

i.

After receipt of the application for amendment, the Director or their designee shall determine whether the application is complete and ready for review. If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this section. An application will be considered complete if it is submitted in the required form, includes all mandatory information and supporting materials specified by the Director or their designee, and is accompanied by the required fee.

ii.

If an application is determined to be incomplete, the Director or designee shall provide notice to the applicant within 30 days of the submittal of the application and fee, along with a written explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected by the applicant. If any false or misleading information is submitted or supplied by an applicant on an application, that application will be deemed incomplete.

c.

Major Amendments. Major Amendments to CMPs or PADs shall be reviewed, processed, and approved in the same manner as required for the original CMP or PAD to which amendment is sought, including all notice and citizen participation requirements for the area that is directly subject to the proposed amendment. All CMP or PAD Amendment applications not meeting the criteria set forth in this section for Major Amendments shall be deemed applications for Minor Amendments.

For any application for a CMP or PAD Amendment meeting any or all of the following criteria, the amendment shall be a Major Amendment:

(i)

Amendments that change the permitted land uses for property in any location of a CMP or PAD, or that amend the allowable uses, or amend the Development Standards in a significant way as determined by the Director or their designee or regulations for permitted uses, under an approved CMP or PAD. If permitted in the approved CMP or PAD, the location of land uses within any planning unit, if applicable, may be altered as long as the overall density and intensity of the approved planning unit remains unchanged.

(ii)

Amendments that result in an increase by ten percent or more in the number of total residential dwelling units in an approved CMP or PAD.

(iii)

Amendments that result in a decrease of planned or identified public parks and/or improved open space by five percent or more of the total amount of public parks and improved open space in the approved CMP or PAD; or amendments that result in a decrease of the total amount of natural areas or preserved or undisturbed open space by two percent in the approved CMP or PAD.

(iv)

Amendments that propose a shift from one phase, parcel, or development unit (however defined in the approved CMP or PAD) to another phase, parcel, or development unit of 20 percent or more of the total number of residential dwelling units permitted under an approved CMP or PAD. Amendments that propose a shift from one phase, parcel, or development unit of the CMP or PAD to another phase, parcel or development unit of more than ten percent to 20 percent of the total number of residential dwelling units permitted under an approved CMP or PAD, unless the Director or their designee finds, in writing, that the proposed transfer will have no material impact on the services and infrastructure proposed, provided for, and necessary to accommodate and serve the transferred units.

(v)

Any amendment that makes substantial changes to the streets and transportation circulation patterns and regional connectivity under the approved CMP or PAD.

(vi)

Any amendment that is deemed by the Director or their designee to make such a fundamental change to the CMP or PAD that in the Director's or their designee's judgment, it should be deemed to be a Major Amendment.

d.

Minor Amendments. Minor Amendments to an approved CMP or PAD are administrative requests and may be approved, approved with conditions, or denied by the Director or their designee without a public hearing. A Minor Amendment may be approved by the Director or designee as long as the amendment does not constitute, as determined by the Director or their designee, a substantial alteration of the fundamental nature and character of the CMP or PAD proposed to be amended. If a CMP or PAD has a related Development Agreement, said agreement will not need to be amended for a Minor Amendment, unless otherwise required as part of the Development Agreement.

e.

Applicability. All proposed amendments to any existing CMP or PAD that has received final approval prior to the effective date of this Development Code shall be governed by the provisions of this Subsection 1.8.2 B.3.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

1.9.1.

General Provisions.

A.

Purpose. The purpose of Section 1.9 is to regulate and restrict uses, structures, lots, and signs 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 such 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 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 accordance 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 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 such 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 such 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 permitted, provided that the minor repairs and maintenance do not increase the extent of nonconformity. 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;

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, yards, or other characteristics of the structure or its location on the property, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

Enlargement, Alteration, or Movement.

1.

No nonconforming structure may be enlarged or altered in a way that increases its nonconformity, unless expansion of a nonconforming structure is approved through a Conditional Use Permit approved under Section 8.7, Conditional Use Permits, of this Development Code.

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 such structure shall not be re-established unless it is made to conform to the requirements of this Development Code. This paragraph shall not apply to structures located in the Downtown.

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 such repair or restoration is started within 12 months and is completed within 18 months from the date of partial destruction.

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 Commission following the procedures under Section 8.13, Appeals Of Administrative 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.

No existing structure devoted to a use not permitted by this Development Code shall 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 Conditional Use Permit approved under Section 8.7, Conditional Use Permits, of this Development Code.

2.

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

3.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

4.

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land, provided that such destruction or removal constitutes more than 50 percent of the structure's replacement cost, and provided further that the land meets all the dimensional, development, and other standards of this Development Code.

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, such uses may be continued so long as they remain otherwise lawful, subject to the following provisions:

1.

No such nonconforming use shall 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.

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Development Code.

C.

Conditional Uses. A use that received a Conditional Use Permit 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. Such 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 of the requirements of this Development Code.

1.9.5.

Uses, Structures, and Lots Rendered Nonconforming. When a building, structure, or lot is used for a purpose that was a lawful use before the effective date of this Development Code, and this Development Code no longer classifies such use as an allowed use in the zoning district in which it is located, such use shall be considered nonconforming and shall be controlled by Section 1.9, Nonconformities.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

Editor's note— Ord. No. 01-24, § 3(Exh. A, B), adopted Feb. 20, 2024, repealed § 1.10, which pertained to severability and derived from Ord. No. 37-09, § 1, adopted Dec. 16, 2009.