Table 3.1-1 lists the principal uses allowed within all base zoning districts. Each of the listed uses is defined in Article 3, Section 3.5, Definitions of Use Categories and Specific Use Types.

3.1.1.

Explanation of Table Abbreviations.

A.

Permitted Uses. "P" in a cell indicates that the use is allowed by right. Permitted uses are subject to all other applicable regulations of this Development Code, including the use-specific standards in Section 3.2, the dimensional standards in Article 4, Dimensional Standards, and the requirements of Article 5, Development and Design Standards and Guidelines.

B.

Conditional Uses.

1.

"C" in a cell indicates that in the respective zoning district the use is allowed only if reviewed and approved in compliance with the procedures of Section 8.7, Conditional Use Permits. Conditional uses are subject to all other applicable regulations of this Development Code, including the use-specific standards in Section 3.2, the dimensional standards in Article 4, Dimensional Standards, and the requirements of Article 5, Development and Design Standards and Guidelines.

2.

The "C" designation in Table 3.1-1: Table of Allowed Uses in a given zoning district does not constitute an authorization or an assurance that the use will be permitted. Rather, each Conditional Use Permit (CUP) application shall be evaluated as to its probable effect on adjacent properties and surrounding areas, among other factors, and may be approved or denied in compliance with the procedures in Section 8.7, Conditional Use Permits.

C.

Prohibited Uses. A blank cell indicates that the use is prohibited in the respective zoning district.

D.

Use-Specific Standards. Regardless of whether a use is allowed by right or as a conditional use, additional standards may be applicable to the use. Use-specific standards are noted through a cross-reference. Cross-references in the last column of the table refer to Section 3.2, Use-Specific Standards. These standards apply in all zoning districts unless otherwise specified.

3.1.2.

Table Organization. In Table 3.1-1: Table of Allowed Uses, land uses and activities are classified into general "use categories" and specific "use types" based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within the categories. Certain uses may be listed in one category when they may reasonably have been listed in one or more other categories. The use categories are intended merely as an indexing tool and are not regulatory.

3.1.3.

Use for Other Purposes Prohibited. Approval of a use listed in Table 3.1-1: Table of Allowed Uses, and compliance with the applicable use-specific standards for that use, authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 3.1-1 and approved under the appropriate process is prohibited.

3.1.4.

Classification of New and Unlisted Uses. When application is made for a use category or use type that is not specifically listed in Table 3.1-1: Table of Allowed Uses, the following procedure shall be followed:

A.

The Zoning Administrator shall provide an interpretation as to the use category and/or use type into which the use should be placed. In making the interpretation, the Zoning Administrator shall consider its potential impacts, including but not limited to: the nature of the use and whether it involves a dwelling activity; sales; processing; the type and nature of the product, how it is stored and quantity of product; enclosed or open storage; anticipated employment; transportation requirements; the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and, the general requirements for public utilities such as water and sanitary sewer.

B.

Appeal of the Zoning Administrator's decision may be made to the Planning and Zoning Commission following the procedures in Section 8.14, Appeals and Reconsideration or Rehearing of Decisions.

3.1.5.

Table of Allowed Uses.

(Ord. No. 28-25, § 3, 10-21-2025)

3.2.1.

Residential Uses.

A.

Accessory Dwelling Units (ADUs). Refer to Section 3.3.4 for the standards applicable to ADUs.

B.

Manufactured Homes. Manufactured homes are subject to the following requirements:

1.

A manufactured home is subject to all standards contained in Article 4, Dimensional Standards, and Article 5, Development and Design Standards and Guidelines, for the zoning district(s) in which the home is situated.

2.

All homes shall be multi-sectional and placed upon a permanent foundation consisting of a masonry or concrete stem wall, with additional interior supports as may be required by applicable law or by the Building Division in order to protect public safety. The manufactured home must be securely fastened to the foundation.

3.

The elevation of the finished floor is not to exceed that which would normally be allowed for a conventional residential structure in order that the manufactured home appears as much as possible like a conventional residence.

4.

Off-street parking for at least two automobiles shall be provided for each manufactured home site. The driveway and parking areas shall be paved in compliance with the standards in Section 5.6.9.A, Surface. Three inches of crushed rock can be utilized but must be compacted and contained within a permanent border. Refer also to Chapter 9, Article 9-9.

5.

Power pedestals (electrical service section) are not permitted.

C.

Mobile Homes. After the effective date, an individual mobile home may only be parked or stored on a lot within a mobile home park or mobile home subdivision. Residential use of mobile homes constructed prior to 1976 is prohibited.

D.

Manufactured Home/Mobile Home Subdivisions. Manufactured homes or mobile homes placed in manufactured home/mobile home subdivisions are also subject to the following standards:

1.

Homes may either face the street or a side property line. However, a consistent approach must be used and architectural features incorporated into the design of the home depending on which approach is used.

2.

A minimum of eight feet from the front of the manufactured home to any public or private street is required and a minimum distance of 12 feet between the side of a manufactured home to a public or private street is required.

3.

All other subdivision design standards as contained in this Code are applicable.

E.

Middle Housing. Middle housing shall include duplexes, triplexes, fourplexes, and townhomes, and is subject to the following standards:

1.

Permitted Use. In addition to those Zoning Districts identified in Table 3.1-1, middle housing is allowed as a permitted use on:

a.

A lot zoned for single-family residential use within one mile of the City's central business district, identified in Figure 3.2-A below; and/or

b.

At least 20 percent of the lots, but not to exceed 20 percent of the land area, of any new development of more than ten contiguous acres. The option to develop middle housing shall be forfeited once the development begins construction, unless the development's zoning permits middle housing by-right.

Figure 3.2-A: Central Business District Boundary

2.

Non-Eligibility. The following areas are not eligible to construct middle housing as a permitted use:

a.

Areas that lack sufficient urban services;

b.

Areas that are not served by water and sewer services;

c.

Areas that are not zoned for residential use;

d.

Areas that are not incorporated and are zoned under an interim zoning designation that maintains the area's potential for planned urban development;

e.

Areas covered under A.R.S. Title 48, Chapter 6, Article 4;

f.

Any land within the territory in the vicinity of a public airport as defined in A.R.S. § 28-8486 or to the extent this Section would interfere with the public airport's ability to comply with the laws, regulations and requirements of the United States related to applying for, receiving or spending federal monies; and/or

g.

Any land within the territory in the vicinity of a military airport as defined in A.R.S. § 28-8461.

3.

Utility Provider Review. A utility provider impacted by a development being developed in compliance with this Section shall have the opportunity to review and approve the Site Plan for the development.

F.

Mobile Home Park. The following are minimum standards. Additional standards may be imposed, such as in Section 3.2.1.B, Manufactured Homes if warranted.

1.

General Standards.

a.

Interior private streets shall not be less than 28 feet in width, and shall be paved. The streets will be signed "No Parking" on both sides of the street. Interior streets shall be laid out to provide multiple access points and good interior circulation. On-street parking is not allowed. Individual vehicle parking pads shall be plainly marked and paved. All other vehicle areas are to be paved. Other areas shall be covered with gravel or landscaping material.

b.

Sufficient access is to be provided for emergency vehicles, including turn around areas. Hydrants, as specified by the Fire Chief, must also be provided.

c.

All homes within mobile home parks shall provide at least 100 square feet of enclosed storage area outside the area of the home. In addition, awnings and other architectural features may be required in order to provide a consistent design approach throughout the park.

d.

No more than one manufactured home, travel trailer, park model or motor home shall be placed on each space.

e.

The minimum separation between adjacent mobile homes shall be 16 feet or as determined by the Building Official.

f.

Off-street parking for at least two automobiles shall be provided in each space or on each lot or on a separate designated parking area within a park. The driveway and parking areas shall be paved with asphalt, bituminous, brick, concrete, or other surfaces of comparable durability to minimize nuisance from dust. Three inches of crushed rock can be used but must be compacted and contained within a permanent border. The parking area will be a minimum of 20 feet by 20 feet.

g.

Common areas equivalent to a minimum of ten percent of the entire park area shall be provided and shall contain sufficient facilities for park residents. Parks containing less than 15 spaces are exempt from this requirement. Common areas shall be improved with landscaping and recreational facilities.

h.

Screening shall be provided around the exterior of the park by a six-foot high masonry wall.

G.

Zero Lot Line Dwelling. Where applicable, a minimum three-foot-wide access easement shall be provided on an adjoining lot to ensure accessibility for maintenance purposes for a zero lot line dwelling.

3.2.2.

Public and Institutional Uses.

A.

Battery Energy Storage Systems (BESS). Battery Energy Storage Facility regulations are intended to protect the health, welfare, safety, and quality of life for the public, to ensure compatible land uses in the areas affected by energy storage facilities, and to mitigate the impacts of energy storage facilities on the environment.

1.

Applicability. The requirements of this Section shall apply to all utility-scale BESS facilities permitted, installed, or modified after the effective date, excluding general maintenance and repair. Utility-scale BESS facilities constructed or installed prior to the effective date are not required to meet the requirements of this Chapter. Modifications to, retrofits or replacements of an existing BESS that increases the total energy storage system designed discharge duration or power rating shall be subject to the requirements of this Chapter. The continuation of legally established existing utility-scale BESS are subject to the regulations of Section 1.9, Nonconformities.

2.

Development Standards.

a.

The City will enforce the latest edition of UL 9540 and NFPA 855, Standard for the Installation of Stationary Energy Storage Systems. Other standards may be required as needed by the Fire Chief.

b.

All BESS facilities will be separated from any existing or planned residential properties by a minimum 150 feet measured from the BESS facility to one of the following:

i.

If there is an existing residential structure, the measurement will be to the closest part of the residential structure;

ii.

If platted for residential use with no structures, the measurement will be to the closest building setback line; or

iii.

If zoned residential with no platting, the measurement will be to the residentially zoned property line.

c.

Walls are required where the use is visible from public view, except in instances where public view of the project is in a remote area, or walls would not be consistent with the character of the surrounding community, as determined by the Zoning Administrator. If a wall is required for screening, the site shall be fully enclosed by a minimum eight-foot, non-scalable solid wall. Where not visible from public view, the site shall be enclosed by a minimum eight-foot, non-scalable solid wall or tubular steel or wrought iron fencing. Walls shall be in conformance with Section 5.4.6, Fences, Walls, and Screening. When sound and visual attenuation requires a wall exceeding eight feet above the grade of the adjacent roadway, earth mounds shall be used, such that no more than eight feet of the wall is visible from the roadway. The mounds shall not exceed a 4:1 ratio slope.

d.

No landscaping is required on the interior side of the screen walls described in subparagraph (c.) above, regardless of the percentage of open space landscaped required. The minimum required open space is limited to the perimeter landscaping surrounding the perimeter screening wall or fencing.

e.

Solid walls surrounding facilities which are below grade of an adjacent street shall incorporate a berm/slope along the entire length of the wall to ensure facilities are not visible from public view.

f.

Accessory structures such as utility poles or utility connection equipment, substation switchyard and similar equipment, necessary for the operation of the facility may exceed the height standards of the applicable zone and the provisions of Section 3.3.3, subject to approval as part of a Site Plan application.

g.

Except as set forth in subparagraph (f.) above, no equipment or appurtenances not in an enclosed structure may exceed the screen wall height described in subparagraph (c.), above, unless it can be demonstrated through a line-of-sight analysis to the satisfaction of the approval body that the wall height will sufficiently screen the equipment and/or appurtenances. Enclosures for batteries and other systems shall not exceed 15 feet in height.

h.

All parking, fire access roadways, and drive aisles shall be paved with asphalt or concrete. All parking lots shall comply with Section 5.6, Off-Street Parking.

i.

All improvements and site specifications are subject to approval of a Hazard Mitigation Analysis. The Hazard Mitigation Analysis reports shall be reviewed by the City of Buckeye Fire Department and Building and Safety Department. The purpose of this analysis is to evaluate the potential for adverse effects to people or the environment related to hazards and hazardous materials. This plan will be required prior to BESS commissioning.

3.

Decommissioning Plan. Prior to issuance of any permits related to decommissioning activities, the applicant shall submit a Decommissioning Plan containing a narrative description of the activities to be accomplished for removing the energy storage system from service, and from the facility in which it is located. The Decommissioning Plan must also include:

a.

A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all BESS components, structures, equipment, security barriers, and transmission lines from the site;

b.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

c.

The manner in which the BESS will be decommissioned, and the site restored, including a description of how any changes to the surrounding areas and other systems adjacent to the BESS, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and

d.

A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

4.

Ownership Changes. If the owner of the BESS facility changes or the owner of the property changes, the project approvals will remain in effect, provided that the successor owner or operator assumes in writing all the obligations of the project, site plan approval, and Decommissioning Plan. A new owner or operator of the BESS facility shall notify the Department of the change in ownership or operator within 30 days of the ownership change. A new owner or operator shall provide notification in writing of the change in ownership or operator to the Department. The project and all approvals for the BESS facilities would be void if a new owner or operator fails to provide written notification to the Department in the required timeframe. Reinstatement of a voided project or approvals will be subject to the same review and approval processes for new applications under this Chapter.

5.

Site Plan Expiration. A BESS facility Site Plan approval may be administratively extended by the Zoning Administrator. There is no limit on the number of extensions that may be granted.

B.

Cemetery.

1.

A cemetery shall have a minimum net area of 40 acres.

2.

Cemeteries may be permitted to have funeral homes or crematoriums as accessory uses.

3.

Structure or building line setbacks shall be a minimum of 100 feet from arterial streets and 50 feet from non-arterial streets.

4.

No grave site shall be located within 25 feet of a future street right-of-way.

C.

Solar Generation Station. All photovoltaic solar generation stations shall comply with the following standards:

1.

Lot Size.

a.

Within the AG and R1-43 Zoning Districts, a minimum lot size of 300 acres shall be established and maintained.

b.

Within the I-1 and I-2 Zoning Districts, a minimum lot size of 150 acres shall be established and maintained.

2.

Setbacks. A building, structure, or lot shall not be developed, used, or occupied unless it establishes and maintains a minimum setback equal to or greater than those setbacks established in the I-2 Zoning District.

3.

Lot Coverage. Lot coverage is established in Table 4.1-1: Dimensional Standards, except that free-standing, ground-mounted solar devices do not count toward the lot coverage requirements. Development within the AG Zoning District shall utilize the standards established for the R1-43 Zoning District.

4.

Building Height. Building height is established in Table 4.1-1: Dimensional Standards. Development within the AG Zoning District shall utilize the standards established for the R1-43 Zoning District. Additional building height for structures that are clearly incidental and/or accessory to the generation of power or the collecting of solar may exceed the height standards of the applicable zone and the provisions of Section 3.3.3, subject to approval as part of a Site Plan application.

5.

Walls and Landscaping. As part of the Site Plan application, the Zoning Administrator may approve alternatives to wall and landscaping requirements where the use has low visibility from public view, is located in a remote location, and where wall and landscaping alternatives would be consistent with the character of the surrounding area.

6.

Site Plan Expiration. A solar generation station Site Plan approval may be administratively extended by the Zoning Administrator. There is no limit on the number of extensions that may be granted.

D.

Wireless Facilities.

1.

Compliance with the Federal Telecommunications Act.

a.

All provisions of this Section are intended to comply with the Federal Telecommunications Act of 1996, as amended or replaced, and shall be interpreted to avoid conflict with that Act, if possible. If conflict with the Act occurs, the Zoning Administrator is authorized to vary the terms of this Section by the minimum amount necessary to avoid that conflict.

b.

A substantial change to an existing wireless facility has the same meaning as provided in 47 C.F.R. § 1.6100(b)(7), as may be amended, which defines that term differently based on the particular facility type and location. A substantial change as defined in the Federal Communications Commission (FCC) regulations changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

i.

Height Increase.

(a)

Towers Outside Public Rights-of-Way. An increase of more than ten percent or the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater.

(b)

Towers in Public Rights-of-Way and All Base Stations. An increase of more than ten percent or ten feet, whichever is greater.

ii.

Width Increase.

(a)

Towers Outside Public Rights-of-Way. Adding an appurtenance that protrudes from the edge of the tower more than 20 feet or more than the width of the tower structure at the level of the appurtenance, whichever is greater.

(b)

Towers in Public Rights-of-Way and All Base Stations. Adding an appurtenance that protrudes from the edge of the structure more than six feet.

iii.

Equipment Cabinets. Installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets.

iv.

Site Excavation. Excavation or deployment outside the current site of the tower or base station.

v.

Concealment Elements. Any modification that would defeat the existing concealment elements of the tower or base station.

vi.

Conditions of Prior Approval. Noncompliance with conditions associated with the prior approval of the tower or base station, unless the noncompliance is due to an increase in height, width, equipment cabinets, or excavation that does not exceed the corresponding "substantial change" thresholds.

2.

Governmental Exemption. Development by any municipal, county, state, or federal government agency within the City boundaries is not subject to the provisions of this Development Code.

3.

General Provisions.

a.

City review and approval is required for all new wireless facilities, wireless facility modifications, and collocation applications.

b.

All base stations shall adhere to the following criteria:

i.

Will comply with the height and yard development standards of the underlying zoning district, except as provided in the subsection.

ii.

Will be located underground, inside buildings, or behind solid decorative concrete masonry unit ("CMU") walls with a height equal to or exceeding the height of the base station, but no higher than eight feet above grade.

iii.

An enclosed base station will occupy no more than 600 square feet.

c.

When installing any wireless facility, installation will minimize the removal of existing mature vegetation at the site, or such vegetation will be replaced. Any change in site landscape shall be consistent with a City approved landscape plan as required by this Chapter.

d.

Maintenance, Operation, and Removal.

i.

The owner of the wireless facility shall ensure that it is maintained in compliance with the standards contained in the applicable local building codes and the applicable standards for wireless facilities established by the Electronic Industries Association, as amended from time to time, in order to ensure the structural integrity of the wireless facility. The failure to maintain structural integrity through compliance with these standards is declared a public nuisance and the wireless facility may be abated, including the removal of the wireless facility under authority of and in compliance with the City Council's powers to declare and abate public nuisances.

ii.

No wireless facility may be used that, by design or by actual operation, causes interference on any frequency actually used by any police, fire, or public ambulance services having authority or jurisdiction over any portion of the City.

iii.

Any wireless facility that is not operated for a continuous period of 12 months will be considered abandoned. Any wireless facility that does not have electric service to it for a period of 12 months will be considered abandoned. The owner of an abandoned wireless facility shall remove it within 180 days of receipt of notice from the Zoning Administrator notifying the owner of such abandonment.

iv.

Each wireless facility owner shall provide a maintenance bond to assure the maintenance of the equipment building(s) and the support or tower structure, including the costs of removal in the event the facility is abandoned for more than 12 months.

e.

Each wireless facility shall be identified by a permanently installed plaque or marker on the door of the base station, no larger than four inches by six inches, clearly identifying the wireless service provider's name, address, e-mail contact, and emergency phone number. The plaque or marker required by this Section shall be revised within 30 days of any change in the required information/content. No other signs or logos are permitted on any wireless facility.

f.

Wireless facilities shall not be artificially lighted, unless such lighting is required by the Federal Aviation Administration (FAA) or other applicable authority.

g.

Wireless facilities shall meet or exceed current standards and regulations of the FAA and the FCC, together with the regulations of any other agency of the federal government with the authority to regulate towers and antennas. Where no federal standard exists, construction shall otherwise comply with the current requirements of the Buckeye Building Code.

h.

All wireless facility sites shall be served by a driveway from a public street and shall be paved with an all-weather surface. However, sites in areas of restricted street access may be served by driveways from paved public or private parking lots. Any existing tower site that uses an unpaved driveway to access a public street, and which driveway allows the deposit of dirt, gravel or similar material to be deposited on the public streets during rainy conditions, will be considered a public nuisance, and may be abated in accordance with the general ordinances dealing with nuisance abatement.

4.

Maximum heights.

a.

The maximum height of any wireless support structure or base station, excluding antennae will follow the criteria for each zoning district as shown below:

i.

Facilities located within Zoning Districts R1-43, R1-18, R1-10, R1-6, R1-3, R1-1, SFF, MF-1, MF-2, MH, NMU, CMU, RMU, DC, DR, C-1, RR, PR, PC, and MR shall not exceed 65 feet above the finished grade of the site. The maximum height of the antennae attached to any such wireless support structure or base station shall not exceed 80 feet above the finished grade of the site not including any palm fronds or other stealth application.

ii.

Facilities located within Zoning Districts AG, IMU, PO, C-2, C-3, BP, I-1, I-2, AREOD, AOD, CC, GC, and SU shall allow the base maximum height for all wireless support structure of 65 feet. Height for a freestanding wireless facility shall be measured from grade at the base of the tower to the highest point on the wireless support structure, including any installed antennae and lighting and supporting structures, but not including any palm fronds or other stealth application. A new wireless support structure may exceed the base maximum height only if designed to accommodate one additional user's equipment for every 25 feet of tower height above the base maximum height. The maximum permitted height for towers using the collocation height allowance for collocation is up to 175 feet.

iii.

Facilities Located within previously approved PADs, as well as established overlay districts, shall match the requirements of subsections i. and ii. above in regard to the land uses established in the PAD or overlay. The height regulations will conform to the closest zoning district of each land use found in the PAD as determined by the Zoning Administrator.

iv.

If the PAD or overlay provides specific height allowances, the PAD or overlay standards will prevail.

5.

Monopoles.

a.

Concealment. All monopole structures shall be concealed to look like something other than a wireless facility or base station which blends in to the architecture and landscape of the surrounding area. The only exception is for industrially zoned properties (I-1 and I-2) where a monopole is located in the rear yard of the site and located a distance equal to the height of the structure from rights-of-way.

b.

Design Standards.

i.

A monopole shall not be greater than 40 inches in diameter at ground level, except for the monopalm, monocactus, monopine, and monobroadleaf as delineated below, and have all of the wireless facilities mounted on the monopole or interior to the pole in the case of the monocactus;

ii.

All wireless facility antennae, mounting hardware, and cabling shall be covered or painted to match the color of the monopole on which it is mounted; and

iii.

The setback for all monopoles must meet the yard development standards and setback requirements of the underlying zoning district, except as otherwise permitted herein. The setback is measured from the lot line to the monopole. Additionally, all monopoles must be set back from any residential lot line a distance equal to one and one half times the height of the monopole.

c.

Monopalms.

i.

A monopalm must contain a minimum of 55 palm fronds that disguise the length of the antenna;

ii.

The stand-off mounting arm apparatus of the antenna array must not extend more than 30 inches from the structure to which it is attached;

iii.

The pole structure must be clad with faux bark that begins at the base of the pole structure and continues to the height of the first palm frond attachment. The balance of the pole structure and the attachments must be painted to blend with the palm fronds;

iv.

The diameter of the pole structure must not exceed 26 inches at its widest point;

v.

The maximum height of the pole structure, excluding antennae, is limited to 65 feet above the finished grade of the site. The maximum height of the antennae attached to a monopalm must not exceed 80 feet above the finished grade of the site;

vi.

No more than two microwave dishes will be permitted on each monopalm. Microwave dishes will be limited to one square foot in size and must be concealed within the monopalm, trimmed leaf cluster, or palm fronds; and

vii.

The trimmed leaf cluster must be mounted directly below the palm fronds and must be painted to blend with the pole structure.

viii.

A minimum of two tall palms (greater than or equal to 20 feet at maturity) must be provided within 20 feet of the monopalm.

d.

Monocactus.

i.

The monocactus structure must be clad with a faux finish that resembles a saguaro cactus from the base of the structure and continue to the top of the structure;

ii.

The diameter of the monocactus structure must not exceed 34 inches at its widest point and must have a natural appearing taper from the bottom to the top;

iii.

The total height of the monocactus structure must not exceed 30 feet height;

iv.

All antennae and cables must be concealed within the monocactus structure; and

v.

External microwave dishes are prohibited on the monocactus structure.

e.

Monopine or Monobroadleaf.

i.

The monopole structure must be clad with faux bark. The faux bark must start at the base of the monopole structure and continue to the height of the first branch attachment. The balance of the pole structure and the attachments must be painted to blend with the branches;

ii.

The diameter of the pole structure must not exceed 36 inches at the base and must taper to no greater than 28 inches at the top of the pole structure;

iii.

The maximum height of the pole structure is limited to 65 feet above the finished grade of the site. The maximum height of the antennae attached to the pole structure must not exceed 80 feet above the finished grade of the site;

iv.

Branches.

(a)

Must be constructed to a density of no less than two and one-half branches for each one vertical foot of pole;

(b)

Must start no less than 15 feet above finished grade and continue to the top of the pole structure; and

(c)

Must be a minimum of eight feet long around the circumference of the lower level and must taper as the branches progress upward, consistent with the species of tree imitated by the structure. The branches must approximate the appearance of a particular deciduous tree species grown in the vicinity of the site and that grows to approximately the same height of the monopine or monobroadleaf.

v.

The entire length of all antennae and their attaching apparatus must be disguised by the branches, and the stand-off mounting arm apparatus of the antenna array must not extend more than 30 inches from the pole structure to which it is attached;

vi.

Microwave dishes are limited to one square foot in size. Dishes and attaching apparatus must be painted to blend with the branches;

vii.

No more than four microwave dishes are permitted per monopine or monobroadleaf tree; and

viii.

Climbing pegs are prohibited on the pole structure.

f.

Alternative Tower Structure.

i.

The maximum allowable width of an antennae array is four feet. There is no width limit for antennae arrays installed inside an alternative tower structure.

ii.

The antennae must not extend more than 18 inches from the structure to which it is attached. This restriction does not apply to antennae arrays installed inside an alternative tower structure.

iii.

The maximum allowable length of each antennae array is ten feet.

iv.

No more than two microwave dishes, limited to two square feet in size each, are permitted on each alternative tower structure.

v.

All microwave dishes, antennae, cable shrouds, and attaching apparatus must be painted to match the alternative tower structure.

g.

Monopoles within Industrial Zoning Districts.

i.

The stand-off mounting arm apparatus of the antennae array must not extend, in any direction, more than 30 inches from the structure to which it is attached.

ii.

The diameter of the monopole structure must not exceed 26 inches at its widest point.

iii.

No more than two microwave dishes are permitted on each monopole. Microwave dishes are limited to two square feet in size.

h.

All other wireless facilities that do not fall under any of the subsections regarding wireless facilities must follow the process for approval of a CUP described in Article 8. In addition to complying with the CUP criteria, any application under this subsection must comply with the following:

i.

Aesthetics standards;

ii.

Setback and height restrictions;

iii.

Safety concerns including, but not limited to, fall zones, and buffering;

iv.

Environmental; and

v.

Protection of property values.

6.

Alternative Wireless Facility Locations.

a.

Alternative wireless facilities include locations such as building/structure mounted, roof mounted, recreational light poles, and water tower/tank facilities. Design of the mounting structures must camouflage or conceal the presence of a wireless facility.

b.

Design Standards.

i.

Building- or Structure-Mounted Facilities.

(a)

Antennae must be mounted on a building wall or side of a structure to the maximum extent practicable. If the applicant demonstrates that it is not feasible to mount the antennae on a building wall or side of a structure, the antennae may be mounted on the roof or top of the structure, provided the facility complies with all other applicable standards;

(b)

A building- or structure-mounted wireless facility must not be located on a building with primarily residential uses;

(c)

Antennae may encroach into a side or rear setback a maximum of two feet, but must not extend over a property line; and

(d)

Antennae must be mounted flush to the building wall or side of a structure to the maximum extent practicable, unless technical reasons dictate another type of installation, and must not extend above the roof line or parapet of the building or top of the structure;

(e)

Support structures, accessory equipment including equipment cabinets, and all other appurtenances must be fully screened from view and not visible from the ground; and

(f)

Antennae must be painted a color to match the building or structure to which they are mounted or must be camouflaged as part of the building architecture in a City-approved building elevation.

ii.

Rooftop-Mounted Facilities.

(a)

Rooftop-mounted wireless facilities are not permitted on portions of buildings with pitched roofs.

(b)

A rooftop-mounted wireless facility must not be located on a building with primarily residential uses.

(c)

A wireless facility located on a building rooftop or top of structure must comply with the following standards:

(1)

Antennae, support structures, accessory equipment, and all other appurtenances must be fully screened from view through the use of architecturally compatible features, screening materials, and colors that match the building or structure to which the facility is mounted.

(2)

Antennae must not extend above the parapet of the roof of the structure to which they are mounted.

iii.

Recreation Field Light Poles.

(a)

The maximum allowable width of an antennae array is four feet.

(b)

The stand-off mounting arm apparatus of the antennae array must not extend more than 30 inches from the structure to which it is attached.

(c)

The maximum allowable length of each antenna is ten feet.

(d)

The diameter of the pole structure must not exceed 36 inches.

(e)

The addition of a wireless facility to a recreation field light must not increase the height of the light structure by more than ten feet.

(f)

All cables must be concealed within the pole structure.

(g)

No more than two external microwave dishes, limited to two square feet each, are permitted on each recreation field light pole.

(h)

All microwave dishes, antennae, and attaching apparatus must be painted to match the recreation field light pole.

iv.

Water Towers/Tanks.

(a)

The maximum allowable width of an antennae array is four feet. There is no width limit for antennae arrays installed inside a faux water tower/tank.

(b)

The antenna must not extend more than 18 inches from the structure to which it is attached. This restriction does not apply to antennae installed inside a faux water tower/tank.

(c)

The maximum allowable length of each antennae array is ten feet.

(d)

The addition of a wireless facility must not increase the height of the water tower/tank structure greater than ten feet.

(e)

All cables must be concealed within the support structure or fully enclosed within a cable shroud.

(f)

No more than two microwave dishes, limited to two square feet in size are permitted on each water tower or water tank.

(g)

All microwave dishes, antennae, cable shrouds, and attaching apparatus must be painted to match the water tower or water tank.

7.

Cellular on Wheels ("COW").

a.

COWs are allowed during:

i.

Construction of a permanent wireless facility not to exceed duration of one year.

ii.

Special events, in compliance with a Special Event Temporary Use Permit (SETUP), limited to a duration not to exceed 30 days unless approved by the City Manager.

iii.

An emergency or disaster as determined by the City Manager and only for as long as determined to be necessary by the City Manager.

b.

COWs must be set back from all residential lot lines a minimum distance equal to the fully extended height of the COW.

c.

Permitted power sources:

i.

A generator or other utility source must be used that emits an average noise level not to exceed 60 DB, measured at any property line for property that is zoned or used for residential purposes; and

ii.

Use of on-site utility services requires a Building Permit.

8.

Amateur Radio Antennae.

a.

Amateur radio antennae are permitted in all residential zoning districts subject to the following standards:

i.

Antenna structures are allowed up to 35 feet in height;

ii.

Antenna structures must comply with setback standards for the zoning district in which it is located;

iii.

Antenna structures must be located in the rear half of the lot;

iv.

Antennae, including support structures, must not extend beyond the property line; and

v.

When a federally licensed radio amateur no longer occupies the subject property, the antenna structure must be removed.

b.

All amateur radio antennae that exceed 35 feet in height require approval of a CUP. These antennae must be of telescoping design and lowered to a height of no more than 35 feet when not in use. An amateur radio antenna must not exceed a height of 75 feet.

c.

Amateur radio antennae must not be used for any commercial use or purpose.

3.2.3.

Recreation, Education, and Assembly Uses.

A.

Arboretum or Botanical Garden. No sales are allowed except through gift shops that are approved accessory uses.

B.

Assembly Hall, Private; Assembly Hall, Public; Community Recreation Center; Country Club; Event Venue; Fraternal or Social Club, Nonprofit; Private Membership Auditorium, Private; and Religious Assembly. Where an assembly use is originally approved with a CUP or PAD, any subsequent associated use that increases the intensity of the development on the site must also be approved with a CUP or an amendment to a PAD, as applicable. For the purposes of this Section, an increase in intensity is measured as:

1.

An increase in vehicular trips generated; or

2.

An increase in impervious surface by five percent or more.

3.2.4

Commercial Uses.

A.

Agricultural Uses. Uses listed in the agriculture and ranching use category in Table 3.1-1: Table of Allowed Uses, may include necessary accessory uses for treating or storing of produce and parking of equipment. However, the operation of any accessory uses shall be secondary to that of normal agricultural activities and do not include:

1.

Retail commercial activity, not including temporary retail sales authorized under a SETUP (refer to Section 3.4, Temporary Uses and Structures);

2.

Stockyards or commercial feed lots for cattle, swine, or sheep; or

3.

The storage of vehicles or equipment for retail commercial purposes.

B.

Building Materials Sales, Indoor Retail. In the CMU and C-2 Zoning Districts, the maximum size of this use should be limited to 50,000 square feet.

C.

General Retail. Within the BP District, free-standing retail with single-users over 10,000 square feet and group-users over 50,000 square feet require approval of a CUP.

D.

Large Format Retail.

1.

Design Standards. All large format retail establishments must comply with the design standards in Section 5.9, Large Format Retail Standards.

E.

Nontraditional Financial Institutions.

1.

Purpose and Applicability. The purpose of this Section is to establish specific site planning, development, and/or operating standards for nontraditional financial institutions such as loan shops and check cashing businesses to prevent the overconcentration of these uses. The development standards of this Section apply to all new and expansions of nontraditional financial institutions in the City, unless specified otherwise.

2.

Location. All new nontraditional financial institutions shall be located consistent with the following standards:

a.

Located a minimum of 1,000 feet from another check cashing establishment;

b.

Located a minimum of 500 feet from all of the following uses:

i.

Public school, community center, or library;

ii.

State or federally chartered bank, savings association, credit union, or industrial loan company; and

iii.

Alcoholic beverage sales, excluding restaurants, grocery stores/supermarkets, and neighborhood markets.

c.

The separation distance must be measured in a straight line from the exterior wall of a nontraditional financial institution to the nearest property line of another nontraditional financial institution.

d.

Standards. In addition to the development standards of the underlying zoning district, the following special standards apply to all existing and new nontraditional financial institutions:

i.

Operation of nontraditional financial institutions is limited to the hours from 7:00 a.m. to 7:00 p.m. daily.

ii.

Security. A security plan shall be provided for review and approval by the Zoning Administrator and Chief of Police. The plan shall provide for adequate security including partitions, surveillance, and building access considerations. Bars on windows are prohibited.

F.

Recreational Vehicle Campground. Applications for recreational vehicle campgrounds shall comply with and show the method of complying with the following standards:

1.

No trailer, RV, or other similar vehicle is allowed for more than 14 days.

2.

No trailer, RV, or other similar vehicle will be parked for sale or display.

3.

Each campground shall provide facilities for the appropriate disposal of wastewater, trash, and related items.

G.

Recreational Vehicle Park. Applications for recreational vehicle parks shall comply with and show the method of compliance with the following standards:

1.

No trailer, RV, or other similar vehicle will be parked for sale or display.

2.

Only hard-surfaced roads are allowed throughout the grounds of the park.

3.

Each park shall provide facilities for the appropriate disposal of waste water, trash, and related items.

4.

Each RV space must contain a minimum of 1,500 square feet, not including roadways or common areas.

H.

Sexually-Oriented Business. All sexually-oriented businesses shall comply with the regulations provided in Chapter 8, Article 8-5, Sexually Oriented Businesses of the City Code in addition to the regulations in this Code, including:

1.

Table.3.1-1: Table of Allowed Uses identifies in which zoning districts sexually-oriented businesses are allowed.

2.

Sexually-oriented businesses located within the zoning districts established in Table 3.1-1: Table of Allowed Uses are subject to the following location requirements:

a.

No adult-oriented business shall be operated or maintained within 1,000 feet of another adult-oriented business; and

b.

No adult-oriented business shall be operated or maintained within 1,000 feet of a boundary of a residential zoning district; the property line of a lot devoted to a residential use in any zoning district; a child care facility; a private, public, or charter school; a preschool, nursery, kindergarten, or similar use; a public playground; a public or private recreational facility; a religious institution; a library; a public park; a public or private community building; a teen dance center; an amusement park; or a game center.

3.

For the purpose of subsection (H)(2) of this Section, the distance limitations shall be measured as the shortest line between the property lines of the relevant properties involved. This measurement shall exclude any public right-of-way that is adjacent and connected to the recorded lot lines of the relevant properties involved in the measurement.

I.

Tobacco-Oriented Retailers. Applications for tobacco-oriented retailers must comply with and show the method of complying with the following standards:

1.

This use must be at least 1,000 feet from another tobacco retailer, public, private or charter school, parks/playgrounds, or licensed day care facilities.

2.

The separation distance must be measured in a straight line from the exterior wall of the tobacco-oriented retailer use to the nearest property line of the other listed uses.

J.

Marijuana Uses. The following minimum requirements apply to medical marijuana dispensaries, medical marijuana off-site cultivation locations, and dual license marijuana establishments uses permitted under A.R.S. § 36-2801, A.R.S. § 36-2802,Table 3.1.1: Table of Allowed Uses, and Section 3.2.5, Marijuana Uses:

1.

Medical Marijuana Dispensaries.

a.

In addition to any other application requirements, an applicant for any medical marijuana dispensary shall provide the following:

i.

A notarized authorization, executed by the property owner, acknowledging and consenting to the proposed use of the property as a medical marijuana dispensary;

ii.

A floor plan showing the location, dimensions, and type of security measures demonstrating that the medial marijuana dispensary will be secured, enclosed, and locked as required by law;

iii.

A scale drawing depicting the property lines and the separations from the nearest property boundary of the lot containing the medical marijuana dispensary to the property boundary of the lot containing any existing uses listed in subsection 3.2.4.J.1.b. below. If any of the uses are located within 50 feet of the minimum separation, the drawing showing actual surveyed separations, shall be prepared by a registered land surveyor; and

iv.

A security plan for review and approval by the Zoning Administrator and Chief of Police. The plan shall provide for adequate security including partitions, surveillance, and building access considerations. Bars on windows are prohibited.

b.

A medical marijuana dispensary shall meet the following minimum separation requirements, measured in a straight line from the closest boundary of the lot containing the medical marijuana dispensary to the closest property boundary of the lot containing any of the existing uses listed below:

i.

Two and one-half miles from any other medical marijuana dispensary, medical marijuana off-site cultivation location, or dual license marijuana establishment;

ii.

One mile from a residential substance abuse diagnostic and treatment facility or any other residential drug or alcohol rehabilitation facility;

iii.

One mile from a public, private, parochial, charter, dramatic, dancing or music school, a learning center, or other similar school or educational facility that caters to children as determined by the Zoning Administrator;

iv.

One mile from any residential zoning district or residential use;

v.

One mile from a childcare center;

vi.

One mile from a public library or public park;

vii.

One mile from a religious institution; and

viii.

One mile from an entertainment facility.

c.

The following size limitations apply to any medical marijuana dispensary:

i.

The total maximum floor area of a medical marijuana dispensary, inclusive of any secure storage area, shall not exceed 2,500 square feet;

ii.

The secure storage area for the medical marijuana stored at the medical marijuana dispensary shall not exceed 500 square feet; and

iii.

For a medical marijuana dispensary that also is a medical marijuana off-site cultivation location, the total maximum floor area that may also be used for cultivation and incorporation or processing of the medical marijuana into consumable or edible products inclusive of any secure storage area, shall not exceed 3,500 square feet. The secure storage area for the medical marijuana stored at a medical marijuana dispensary that also is a cultivation location shall not exceed 1,500 square feet.

d.

A medical marijuana dispensary shall:

i.

Have operating hours not earlier than 9:00 a.m. and not later than 5:00 p.m.;

ii.

Be located in a permanent building and may not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other mobile vehicle. The facility shall include fire protection measures, including sprinklers, as required by the Buckeye Fire Code;

iii.

Comply with all other applicable property development and design standards of the City;

iv.

Install lighting to illuminate the exterior and interior of the building and all entrances and exits to the facility. Exterior lighting shall be a minimum of five foot candles measured at ground level and shall remain on during all hours between sunset and sunrise each day. The medical marijuana dispensary shall illuminate all areas of the premises, including adjacent public sidewalks so that the areas are readily visible by law enforcement personnel. Interior lighting must remain on 24 hours each day, with particular emphasis on the locations of any counters, safe, storage areas, and any location where people are prone to congregate. The lighting must be of sufficient brightness to ensure that the interior is readily visible from the exterior of the building from a distance of 100 feet;

v.

Not have drive-through service;

vi.

Not provide offsite delivery of medical marijuana, except to a medical marijuana dispensary served by the associated medical marijuana off-site cultivation location;

vii.

Have no on-site sales of alcohol or tobacco, and no on-site consumption of food, alcohol, tobacco, or marijuana;

viii.

Not emit dust, fumes, vapors, or odors into the environment;

ix.

Display a current City business license, and a State of Arizona tax identification letter;

x.

Notify patrons verbally and through posting of signs in conspicuous locations at the medical marijuana dispensary of the following:

"Use of medical marijuana shall be limited to the patient identified on the doctor's written certification. Secondary sale, barter, or distribution of medical marijuana is a crime and can lead to arrest."

"Patrons must immediately leave the site and must not consume medical marijuana until at home or in an equivalent private location. Medical marijuana dispensary staff shall monitor the site and vicinity to ensure compliance."

xi.

Provide, prior to opening the facility, the Buckeye Police Department and all property owners with a 500-foot radius of the medical marijuana dispensary with written notification via first class U.S. mail:

(a)

The name, phone number, and email of the on-site community relations staff person to notify if there are operational problems with the dispensary; and

(b)

The name, phone number, and email of the security company responsible for providing security services to notify if there are security problems at the dispensary.

xii.

Provide unrestricted access to City code enforcement officers, police officers, or other agents or employees of the City requesting admission for the purpose of determining compliance with these standards;

xiii.

Provide security guards at the main entrances and exits during all hours of operation. Detailed internal security measures will be identified and maintained after consultation with the Buckeye Police Department; and

xiv.

Require any qualifying patient under 18 years of age to be accompanied by a parent or legal guardian. Except for such parent or legal guardian, no persons other than qualifying patients and designated caregivers are permitted within a medical marijuana dispensary premises.

2.

Medical Marijuana Dispensary Off-Site Cultivation Location.

a.

In accordance with the application requirements and provisions under A.R.S. §§ 36-2804 and 36-2806, and except as provided for qualifying patients and designated caregivers, a medical marijuana off-site cultivation location may only cultivate, process, supply, sell or otherwise provide medical marijuana to medical marijuana dispensaries located in Arizona. Only one medical marijuana cultivation location is permitted for the single medical marijuana dispensary with which it is associated.

b.

In addition to any other application requirements, an applicant for any medical marijuana dispensary off-site cultivation location shall provide the following:

i.

A notarized authorization, executed by the property owner, acknowledging and consenting to the proposed use of the property as a medical marijuana dispensary off-site cultivation location;

ii.

A floor plan showing the location, dimensions, and type of security measures demonstrating that the medical marijuana dispensary off-site cultivation location will be secured, enclosed, and locked as required by law; and

iii.

A scale drawing depicting the property lines and the separations from the nearest property boundary of the lot containing the medical marijuana dispensary off-site cultivation location to the property boundary of the lot containing any existing uses listed in subsection 3.2.4.J.2.c. below. If any of the uses are located within 50 feet of the minimum separation, the drawing, showing actual surveyed separations, shall be prepared by a registered land surveyor.

iv.

A security plan for review and approval by the Zoning Administrator and Chief of Police. The plan shall provide for adequate security including partitions, surveillance, and building access considerations. Bars on windows are prohibited.

c.

A medical marijuana dispensary off-site cultivation location shall meet the following minimum separation requirements, measured in a straight line from the closest boundary of the lot containing the medical marijuana dispensary off-site cultivation location to the closest property boundary of the lot containing any existing uses listed below:

i.

Two and one-half miles from any other medical marijuana dispensary, medical marijuana off-site cultivation location, or dual license marijuana establishment;

ii.

One mile from a residential substance abuse diagnostic and treatment facility or any other residential drug or alcohol rehabilitation facility;

iii.

One mile from a public, private, parochial, charter, dramatic, dancing or music school, a learning center, or other similar school or educational facility that caters to children as determined by the Zoning Administrator;

iv.

One mile from any residential zoning district or residential use;

v.

One mile from a childcare center;

vi.

One mile from a public library or public park;

vii.

One mile from a religious institution; and

viii.

One mile from an entertainment facility.

d.

The following size limitations apply to any medical marijuana dispensary off-site cultivation location:

i.

The total maximum floor area of a medical marijuana off-site cultivation location inclusive of any secure storage area, must not exceed 3,000 square feet;

ii.

The secure storage area for the medical marijuana stored at the medical marijuana off-site cultivation location must not exceed 1,000 square feet; and

iii.

For a medical marijuana dispensary off-site cultivation location that also is a medical marijuana dispensary, the total maximum floor area that may also be used for cultivation and incorporation or processing of the medical marijuana into consumable or edible products inclusive of any secure storage area, must not exceed 3,500 square feet. The secure storage area for the medical marijuana stored at a medical marijuana dispensary that also is a cultivation location must not exceed 1,500 square feet.

e.

A medical marijuana dispensary off-site cultivation location must:

i.

Be located in a permanent building and may not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other mobile vehicle. The facility must include fire protection measures, including sprinklers, as required by the Buckeye Fire Code;

ii.

Comply with all other applicable property development and design standards of the City;

iii.

Install lighting to illuminate the exterior and interior of the building and all entrances and exits to the facility. Exterior lighting must be a minimum of five foot candles measured at ground level and must remain on during all hours between sunset and sunrise each day. The medical marijuana dispensary off-site cultivation location must also illuminate all areas of the premises, including adjacent public sidewalks so that the areas are readily visible by law enforcement personnel.

iv.

Not provide offsite delivery of medical marijuana, except to a medical marijuana dispensary served by the associated medical marijuana off-site cultivation location;

v.

Not emit dust, fumes, vapors, or odors into the environment;

vi.

Display a current City business license, and a State of Arizona tax identification letter;

vii.

Provide, prior to opening the facility, the Buckeye Police Department and all property owners with a 500-foot radius of the medical marijuana dispensary off-site cultivation location with written notification via first class U.S. mail:

(a)

The name, phone number, and email of the on-site community relations staff person to notify if there are operational problems with the off-site cultivation location; and

(b)

The name, phone number, and email of the security company responsible for providing security services to notify if there are security problems at the off-site cultivation location.

viii.

Provide unrestricted access to City code enforcement officers, police officers, or other agents or employees of the City requesting admission for the purpose of determining compliance with these standards; and

ix.

Provide security guards at the main entrances and exits during all hours of operation. Detailed internal security measures will be identified and maintained after consultation with the Buckeye Police Department.

f.

If a licensee has surrendered, terminated, or forfeited their license for a medical marijuana dispensary, their permit for the cultivation facility will automatically terminate upon action by the Department.

3.

Dual License Marijuana Establishments.

a.

In addition to any other application requirements, an applicant for any dual license marijuana establishment shall provide the following:

i.

A notarized authorization, executed by the property owner, acknowledging and consenting to the proposed use of the property as a dual license marijuana establishment;

ii.

A floor plan showing the location, dimensions, and type of security measures demonstrating that the dual license marijuana establishment will be secured, enclosed, and locked as required by law; and

iii.

A scale drawing depicting the property lines and the separations from the nearest property boundary of the lot containing the dual license marijuana establishment to the property boundary of the lot containing any existing uses listed in subsection 3.2.4.J.3.b. below. If any of the uses are located within 50 feet of the minimum separation, the drawing, showing actual surveyed separations, shall be prepared by a registered land surveyor.

iv.

A security plan for review and approval by the Zoning Administrator and Chief of Police. The plan must provide for adequate security including partitions, surveillance, and building access considerations. Bars on windows are prohibited.

b.

A dual license marijuana establishment must meet the following minimum separation requirements, measured in a straight line from the closest boundary of the lot containing the dual license marijuana establishment to the closest property boundary of the lot containing any existing uses listed below:

i.

Two and one-half miles from any other medical marijuana dispensary, medical marijuana off-site cultivation location, or dual license marijuana establishment;

ii.

One mile from a residential substance abuse diagnostic and treatment facility or any other residential drug or alcohol rehabilitation facility;

iii.

One mile from a public, private, parochial, charter, dramatic, dancing or music school, a learning center, or other similar school or educational facility that caters to children as determined by the Zoning Administrator;

iv.

One mile from any residential zoning district or residential use;

v.

One mile from a childcare center;

vi.

One mile from a public library or public park;

vii.

One mile from a religious institution; and

viii.

One mile from an entertainment facility.

c.

The following size limitations apply to any dual license marijuana establishment:

i.

The total maximum floor area of a dual license marijuana establishment, inclusive of any secure storage area, must not exceed 2,500 square feet; and

ii.

The secure storage area for the marijuana stored at the dual license marijuana establishment must not exceed 500 square feet.

d.

A dual license marijuana establishment must:

i.

Have operating hours not earlier than 9:00 a.m. and not later than 5:00 p.m.;

ii.

Be located in a permanent building and may not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other mobile vehicle. The facility must include fire protection measures, including sprinklers, as required by the Buckeye Fire Code;

iii.

Comply with all other applicable property development and design standards of the City;

iv.

Install lighting to illuminate the exterior and interior of the building and all entrances and exits to the facility. Exterior lighting must be a minimum of five foot candles measured at ground level and must remain on during all hours between sunset and sunrise each day. The dual license marijuana establishment must also illuminate all areas of the premises, including adjacent public sidewalks, so that the areas are readily visible by law enforcement personnel. Interior lighting must remain on 24 hours each day, with particular emphasis on the locations of any counters, safe, storage area, and any location where people are prone to congregate. The lighting must be of sufficient brightness to ensure that the interior is readily visible from the exterior of the building from a distance of 100 feet;

v.

Not have drive-through service;

vi.

Have no on-site sales of alcohol or tobacco, and no on-site consumption of food, alcohol, tobacco, or marijuana;

vii.

Not emit dust, fumes, vapors, or odors into the environment;

viii.

Display a current City business license, and a State of Arizona tax identification letter;

ix.

Notify patrons of the following verbally and through posting of sign(s) in conspicuous location(s) at the dual license marijuana establishment;

"Patrons must immediately leave the site and not consume marijuana until at home or in an equivalent private location. Dual license marijuana establishment staff shall monitor the site and vicinity to ensure compliance."

x.

Provide, prior to opening the facility, the Buckeye Police department and all property owners with a 500-foot radius of the dual license marijuana establishment with written notification via first class U.S. mail;

(a)

The name, phone number, and email of the on-site community relations staff person to notify if there are operational problems with the dual license marijuana establishment; and

(b)

The name, phone number, and email of the security company responsible for providing security services to notify if there are security problems at the dual license marijuana establishment.

xi.

Provide unrestricted access to City code enforcement officers, police officers, or other agents or employees of the City requesting admission for the purpose of determining compliance with these standards; and

xii.

Provide security guards at the main entrances and exits during all hours of operation. Detailed internal security measures will be identified and maintained after consultation with the Buckeye Police Department.

4.

Prohibited Marijuana Uses.

a.

Marijuana Use Prohibited on Public Property.

i.

The use, sale, cultivation, manufacture, production, or distribution of marijuana or marijuana products is prohibited on property that is occupied, owned, controlled, or operated by the City.

ii.

It is unlawful for an individual to smoke marijuana in a public place or open space in the City.

b.

Marijuana Establishment. To the fullest extent allowable by law, the operation of a marijuana establishment is prohibited in the City, except where authorized for a dual licensee who operates both a medical marijuana dispensary and a marijuana establishment cooperatively in a shared location.

c.

Marijuana Testing, Marijuana Cultivation, and Marijuana Manufacturing.

d.

To the fullest extent allowable by law, the operation of marijuana testing, marijuana cultivation, and marijuana manufacturing is prohibited in the City.

3.2.6

Vehicle Sales and Services Uses.

A.

Car Wash.

1.

All new stand-alone car washes (i.e., not an accessory use to a gas station) must be separated from existing car washes by a minimum of 2,640 feet.

2.

The separation distance must be measured in a straight line from the exterior wall of the new stand-alone carwash to the nearest property line of an existing car wash.

B.

Other Vehicle Sales and Services Uses.

1.

Only those goods and services associated with the primary use may be stored, sold, or displayed.

2.

All activities, operations, and sales must take place entirely within an enclosed structure, except the following:

a.

The dispensing of petroleum products, other fuels, EV charging, water, and air;

b.

The provision of emergency services of a minor nature; and

c.

Repairs to a vehicle are only allowed outside when conducted within an area that is screened from public view.

3.

The openings of service bays must not face public rights-of-way and must be designed to minimize visual intrusion towards adjoining properties.

4.

No used or discarded automotive parts or equipment or disabled, junked, or wrecked vehicles may be located in any required parking space, or in any open area outside the main building.

5.

Display areas, storage areas, and customer parking areas must be separated and clearly distinguished from each other.

6.

Building walls must not have any openings, other than non-opening windows, within 30 feet of an adjacent residential zoning district.

C.

Truck Stop. Convenience retail, restaurants, and hotel or motel uses are allowed as accessory uses to truck stop primary uses.

3.2.7.

Industrial Uses.

A.

Batch Plants. Batch plants established as a permanent primary or accessory use must comply with the following standards:

1.

No batch plants are allowed within a quarter mile of a residential use or zoning district.

2.

A routing plan for egress and ingress to the proposed plant must be submitted. Access to a batch plant is only allowed via arterial or collector roads.

3.

Batch plants must be enclosed on all sides by a solid wall or fence a minimum of six feet in height.

4.

Sound. The sound level from the operation of the batch plant must not exceed the levels permitted in Section 10-1-2, Disturbing and Unnecessary Noise Prohibited, of the Buckeye Municipal Code.

5.

Dust, fumes, vapors, mists, or gas emissions from the operation of the batch plant must comply with applicable City, State and Federal air pollution standards.

6.

Emission of odorous gases or other odorous matter are not permitted in quantities as to be offensive to owners or occupants of adjoining property or in a manner as to create a nuisance or hazard beyond the property lines of the batch plant.

7.

No vibration is permitted that is discernible beyond the property lines to the human sense of feeling for a duration of three minutes or more in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m. or of a duration of 30 seconds or more in any one hour between the hours of 7:00 p.m. and 7:00 a.m.

8.

No emission is permitted that can cause damage to the health of humans, animals, vegetation, or property.

9.

The delivery of materials produced at the batch plant to locations outside of the master development that is intended to be served by the batch plant, or within a radius as approved by the Zoning Administrator, is prohibited.

10.

Separate permits for the batch plant may be required from the City's Building Division, Public Works Department, or Fire Department.

11.

The site on which the batch plant is located must be restored to its original condition at the conclusion of the batch plant use, including the demolition and removal of any paved or concrete surfaces.

B.

Distribution Warehouse. In the BP Zoning District, individual buildings over 200,000 square feet and cross-docks are prohibited.

C.

General Industrial Service. In the IMU, I-1, and I-2 Zoning Districts, retail sales, offices, parking, and indoor storage may be allowed as an accessory use.

D.

Landfill. Each sanitary landfill shall be approved in accordance with state and federal regulations and guidelines and shall be situated on land at least 40 acres in size.

E.

Mini-Storage Facility, Indoor and Outdoor.

1.

All new mini-storage facilities must be separated from existing mini-storage facilities by a minimum of 2,640 feet.

2.

The separation distance must be measured in a straight line from the exterior wall of the new mini-storage facility to the nearest property line of an existing mini-storage facility.

3.

The maximum lot frontage for a mini-storage facility located on an arterial street is 300 feet.

4.

All mini-storage facilities must provide minimum 32-foot-wide drive aisles between all buildings and adjacent to all building walls with storage compartment access doors.

5.

Caretaker's quarters must be incorporated into and occupy space on the premises of the mini-storage facility. No freestanding caretaker's quarters are permitted within the BP district.

6.

Mini-storage facility with a caretaker's quarters must include a single 500-square-foot (minimum) landscaped private recreation area within the mini-storage project adjacent to the caretaker's quarters for exclusive use by resident manager/caretaker. The landscaped recreation area must include a minimum of one large shade tree installed at 24-inch-box size, shrubs, and recreation equipment as approved by the Zoning Administrator. Recreation equipment must consist of picnic table and barbecue facilities or other comparable equipment for use by the resident manager.

7.

Facilities must include a security plan detailing how the site will be monitored 24hours a day. The security plan must include specific details on monitoring and communication procedures to receive and address concerns from adjacent residents and property owners.

8.

All buildings in the mini-storage facility must be architecturally compatible with the surrounding uses. Architectural compatibility is measured as follows:

a.

Projects constructed abutting residential zoning districts must display roof design, wall relief features, and colors commonly found in adjacent residential construction;

b.

Projects abutting commercial or industrial districts may employ more rigid lines and features;

c.

Where a project abuts existing residences or land that is planned for residential uses, the residential compatibility requirement will control;

9.

Hours of public access to mini-storage units abutting residential zoning districts are restricted to the period from 6:00 a.m. to 10:00 p.m. daily.

10.

All setbacks abutting residentially-zoned lots must be landscaped consistent with Chapter 5.4, Landscaping Standards.

11.

Rear and side building setbacks may be reduced to zero feet for single-story buildings when adjacent to commercial or industrial zoning districts.

12.

All outdoor storage must be screened from public view. Screening must consist of an opaque wall or fence with a minimum height of eight feet, constructed in compliance with the standards in Section 5.4.5, Fences, Walls, and Screening. Except for operational recreational and construction vehicles, stored materials, equipment, and vehicles must not exceed the height of the screening fence or wall.

13.

An outdoor mini-storage facility may include outdoor vehicle storage not to exceed a maximum of 20 percent of the site. No indoor mini-storage facility may include outdoor vehicle storage.

14.

The storage of hazardous materials must comply with all applicable City regulations.

(Ord. No. 28-25, § 3, 10-21-2025)

3.3.1.

Purpose. This Section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses, provided that the accessory use complies with all applicable standards in this Section.

3.3.2.

Approval of Accessory Uses and Structures. All principal uses allowed in a zoning district are deemed to include those accessory uses, structures, and activities typically associated with the use, unless specifically prohibited in this Development Code. For example, services and amenities provided for the exclusive use of employees or occupants of a principal use are considered accessory uses and are allowed. No accessory use may be established prior to establishment of the principal use with which such accessory use is associated. Section 10.3, Definitions of General Use Categories and Specific Use Types, identifies typical accessory uses associated with principal uses as part of the principal use definition. All accessory uses are subject to the standards in Section 3.3, Accessory Uses and Structures, as well as any use-specific standards applicable to the associated principal use as set forth in Section 3.2, Use-Specific Standards.

3.3.3.

General Standards. All accessory uses and structures, except as provided in Section 3.3.4.A, Accessory Dwelling Units, for accessory dwelling units (ADUs) must comply with the following general standards:

A.

Compliance with this Development Code. All accessory uses and structures are subject to the dimensional requirements of Article 4, Dimensional Standards. In the case of any conflict between the accessory use/structure standards of this Section and any other requirement of this Development Code, the more restrictive standards shall control.

B.

Location.

1.

In all zoning districts, the accessory use or structure shall be conducted and/or located on the same lot(s) as the principal use and to the rear of the front setback line, unless otherwise approved by the Zoning Administrator. Refer to Section 4.2.3.B for standards applicable to projections into required setbacks.

2.

In all residential zoning districts, accessory structures located to the rear of the primary structure need not comply with the side or rear setback lines applicable to the primary structure provided that the accessory structure is not located closer than three feet from any property line. The side and rear setback for accessory structures greater than ten feet in height is a minimum of five feet. Accessory structures with vehicle entrances which directly face an alley shall be setback at least ten feet from the property line along the alley.

3.

In all nonresidential zoning districts accessory structures located to the side or rear of the primary structure need not comply with the side or rear setback lines applicable to the primary structure and may be located on a side or rear property line in compliance with applicable City Building Code requirements. Accessory structures with vehicle entrances which directly face an alley must be setback at least ten feet from the property line along the alley.

C.

Size and Height.

1.

Both primary and accessory structures together must comply with the applicable lot coverage requirements established by this Development Code.

2.

The maximum height of any accessory structure in all zoning districts except the industrial zoning districts shall not exceed 24 feet in height provided the structure complies with all applicable setbacks. However, if an accessory structure encroaches into a setback area as allowed in Section 3.3.3.B, the maximum allowed height is 15 feet.

3.

Within the industrial zoning districts the maximum height of any accessory structure must comply with the height limitation for the zoning district established in Table 4.1-3: Dimensional Standards—Nonresidential and Other Districts.

4.

Within the R1-43, RR, and AG Zoning Districts, accessory structures are exempt from the maximum area and are limited to a maximum height of 22 feet and together with the primary structure, must comply with the applicable lot coverage requirements established by this Development Code.

D.

Same Utility Meter Required. The principal use and the accessory use shall utilize the same utility meter.

E.

Architectural Character. Accessory structures or portions of structures visible from public rights-of-way or adjacent properties with a gross floor area of 225 square feet or more shall be compatible to and complimentary with the associated primary structure in terms of building materials and architectural style. Within the R1-43, RR, and AG Zoning Districts, accessory structures are exempt from architectural character requirements except that structure color shall complement the character of the primary structure.

3.3.4.

Additional Standards for Specific Accessory Uses and Structures.

A.

Accessory Dwelling Units. An accessory dwelling unit (ADU) shall be permitted as an accessory use subject to the following standards:

1.

Districts Allowed. ADUs are allowed as accessory uses to principal residential uses in the zoning districts listed in Table 3.1-1: Table of Allowed Uses.

2.

Where Permitted on Lot. A permitted ADU shall comply with all applicable site and building design, access, and other standards for principal dwelling units in the zoning district in which the ADU will be located, except that the minimum rear and side setback from the property line for an ADU is five feet. Mobile homes, industrialized housing, recreational vehicles, travel trailers, and any other wheeled or transportable structure shall not be used as ADUs.

3.

Limit on Number. The following standards are applicable to the number of ADUs on a lot where a single-family dwelling is allowed:

a.

One attached and one detached ADU;

b.

A lot developed as a duplex is permitted one ADU; and

c.

A minimum of one additional detached ADU on a lot that is one acre or more in size if at least one of the ADUs is a restricted-affordable dwelling unit. The affordable unit must be deed restricted and proof must be provided as a condition of the Building Permit.

4.

Size of Accessory Dwelling Unit. The maximum size of an ADU is 75 percent of the gross floor area of the single family dwelling on the same lot.

5.

Utilities. The ADU is not required to have separate utility services unless the public utility determines that a separate meter is required for safety reasons.

6.

Density. Accessory dwelling units are not subject to maximum residential densities as provided in Table 4.1-1: Dimensional Standards—Residential Zoning Districts.

7.

Parking. Parking for vehicles is not required for an ADU.

B.

Domesticated Farm Animals. The keeping of domesticated farm animals is allowed in the AG, R1-43, and R1-18 Zoning Districts. In the R1-43 and R1-18 Zoning Districts, domesticated farm animals may only be kept on lots at least one-half acre in size or larger and kept for noncommercial purposes benefiting the residents of the subject property. An exception is made for backyard fowl, which is allowed in compliance with the following:

1.

For the purposes of this subsection, "fowl" means a cock or hen of the domestic chicken.

2.

A single-family detached residence may keep up to six fowl in the backyard of the property. ADUs do not qualify for additional fowl.

3.

Fowl must be kept in an enclosure located in the rear or side yard of the property and at least 20 feet from a neighboring property line. The enclosure must not exceed 200 square feet in area and must have a roof. The height of the enclosure must not exceed the height of the required perimeter fence line of the property, but in no instance shall the enclosure exceed eight feet. The required perimeter fence shall not exceed a height of six feet. If the perimeter fence is located within the buildable area of the lot, it cannot exceed eight feet in height.

4.

Enclosures shall be maintained and manure picked up and disposed of or composted at least two times a week. Composted manure shall be kept in a manner that prevents migration of insects.

5.

No male fowl may be kept, including roosters.

6.

Fowl are prohibited from running at large.

7.

Any water source shall have adequate overflow drainage.

8.

All feed shall be stored in insect-proof and rodent-proof containers.

C.

Home Occupations. A home occupation may be permitted as an accessory use to a principal dwelling unit in any of the Residential or Mixed-Use Zoning Districts, provided that:

1.

Size/Area. The business or service is located within the dwelling or an associated permitted accessory building and does not exceed 20 percent of the combined floor area of the structures or 500 square feet, whichever is less.

2.

Employees and Residency. The principal person(s) providing the business or service shall reside in the dwelling on the premises. The home occupation may employ no more than one person who does not reside on the premises.

3.

Neighborhood Compatibility.

a.

All vehicles used in connection with the home occupation shall be of a size, and located on the premises in such a manner, so as to not disrupt the quiet nature and visual quality of the neighborhood, and there shall be no more than two vehicles used in connection with any home occupation.

b.

No more than two off-street parking spaces may be provided for the home occupation, in addition to those off-street parking spaces required for the dwelling itself in compliance with Section 5.6, Off-Street Parking.

c.

No additional parking areas other than driveways shall be located in the required front setback.

d.

The use shall not be conducted in such a manner or advertised in such a way as to attract consumer traffic or other nonresidential traffic. Advertisements that are displayed in any media, including telephone directories, shall not give the street address of the home occupation location.

e.

The home occupation shall not involve more than one business caller or visitor at a time and not more than two visitors per hour.

f.

The property shall contain no outdoor display or storage of goods or services that are associated with the home occupation.

g.

Wholesale or retail sales of goods shall not occur on the premises.

h.

The home occupation shall not create traffic or parking congestion, noise, vibration, odor, glare, fumes, or electrical or communications interference that can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception. No heavy machinery shall be operated in connection with the home occupation. No home occupation shall use chemicals, materials, or equipment that are not normally found in a residential area.

4.

Prohibited Home Occupations. The following uses, because of their impacts on the surrounding residential area, are not permitted as home occupations: auto repair or motorized implement repair; dance, music, or other types of instruction (if more than four students are being instructed at one time); day care (if providing care and supervision for more than five children or adults not residing in the household) dental offices; medical offices; the painting of vehicles, trailers or boats; private schools with organized classes; motor vehicle towing operation; auto sales brokers (if any vehicles for sale are brought to the residence); barber shops having more than one chair, beauty shops having more than one chair; welding shops; and nursing homes.

D.

Outdoor Display and Sales. Outdoor display and/or sale may be allowed as an accessory use for all commercial and industrial uses, provided that the display of such items does not impede the flow of pedestrian or vehicular traffic or create an unsafe condition. The outdoor display of goods shall meet all of the following requirements:

1.

Outdoor display and/or sale requires approval of the Zoning Administrator and may be subject to appropriate conditions by the Zoning Administrator to ensure compliance with the provisions of this subsection.

2.

Display of goods shall not be in drive aisles, loading zones, fire lanes, or parking lots, and shall not obstruct any entrance to the building.

3.

No goods shall be attached to a building's wall surface.

4.

The outdoor display area shall take place on an improved surface such as the sidewalk or pavement and be clearly marked by a contrasting paint color.

5.

No outdoor displays are allowed in required landscape areas.

6.

At least five feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to walk around the display.

7.

Outdoor display located within any rights-of-way is prohibited unless allowed in Chapter 9, Section 19-4, Encroachment Permit for Sidewalk Furniture—Class 2 Permit and as approved by the City in Downtown parklets.

E.

Outdoor Storage. In the C-3, BP, GC, I-1, and I-2 Zoning Districts, outdoor storage is permitted through the Site Plan review process and subject to compliance with the following requirements:

1.

Except for outdoor storage associated with agricultural uses, each outdoor storage area shall be incorporated into the overall design of the primary structure on the site and shall be located at the rear of the primary structure. Industrial uses that do not include a primary structure, such as storage yards, are exempt from this provision.

2.

Each outdoor storage area shall be screened from view from all property lines and adjacent rights-of-way by an opaque fence or wall between six and eight feet in height that incorporates at least one of the predominant materials and one of the predominant colors used in the primary structure. The fence may exceed eight feet in height where the difference in grade between the right-of-way and the outdoor storage area makes a taller fence necessary to effectively screen the area. Materials may not be stored higher than the height of the wall. The perimeter of the fence or wall must be landscaped with a seven-foot wide strip containing a minimum of one tree for every 150 square feet of lot area. Industrial uses that do not include a primary structure, such as storage yards, must be enclosed by a decorative masonry wall designed and constructed in compliance with the requirements of Section 5.4.5, Fences, Walls, and Screening.

3.

A landscaped earthen berm may be used instead of or in combination with a required fence or wall.

4.

If the outdoor storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.

5.

No materials may be stored in areas intended for vehicular or pedestrian circulation.

6.

No storage of any items may occur within the front setback area or within the one-half of each side setback nearest the street, except that in the I-2 Zoning District, walled storage yards must not encroach into required front and streetside setback areas or one-half the width of required side and rear setback areas.

F.

Outdoor Storage (Vehicles).

1.

Residential. Outdoor storage of vehicles, trucks, utility trailers, boats, truck campers, camping trailers, and unoccupied recreational vehicles is allowed as an accessory use in residential zoning districts subject to compliance with the following requirements:

a.

Off-street parking spaces for all vehicles shall be provided. The parking areas shall be paved in compliance with the standards provided in Section 5.6.9.A, Surface.

b.

Only a single semi-trailer truck and/or a single recreational vehicle can be stored on a single residential lot.

c.

All semi-trailer trucks and recreational vehicles shall be parked within a garage or in the side, or rear yard.

d.

The truck or recreational vehicle shall be screened by a minimum six-foot high block wall or opaque wood fence. All screen walls, fences, and gates shall be erected and maintained in conformance with the provisions of this Code.

e.

Recreational vehicles located on properties zoned for residential uses may not be utilized for living by any person.

f.

There shall not be any type of vehicle stored on a vacant parcel of land.

2.

Overnight Parking of Travel Trailers, Motor Homes, and RVs. The use of travel trailers, motor homes, and RVs for camping or staying overnight within the City limits is regulated under the provisions of Buckeye Municipal Code Section 11-1-7, Picnic, Camping Areas, Sports Fields and Courts; Urban Camping Prohibited.

3.

Nonresidential. Outdoor storage of vehicles and equipment may be allowed as an accessory use in GC, C-3, I-1, and I-2 Zoning Districts only through the Site Plan review process and subject to compliance with the following requirements:

a.

Except on sites undergoing construction activity, portable offices are allowed to be stored only in conjunction with a principal industrial use and shall be placed in the rear half of the lot. Stored vehicles must be screened from view from a public right-of-way.

b.

Inoperable vehicles shall be stored only in conjunction with an industrial use completely screened from view of a public street.

c.

There shall not be any type of vehicle stored on a vacant parcel of land.

d.

Off-street parking spaces for all vehicles shall be provided. The driveway and parking areas shall be paved with concrete, asphalt, pavers, or a surface of similar durability.

G.

Portable Storage Containers and Construction Trailers.

1.

The dimensions of a portable storage container must not exceed 8.5 feet in height and eight feet in width. The length of the portable storage container may vary and must not exceed 40 feet in length.

2.

The temporary placement of a portable storage container on any residential lot for the purpose of loading and unloading household contents is permitted for a maximum of seven days per calendar year.

3.

The temporary placement of a portable storage container on a lot for an emergency situation or construction activities that do not require a Building Permit is permitted subject to the approval of a SETUP and the standards specified in Section 3.4, Temporary Uses and Structures.

4.

The permanent placement of storage containers is permitted in the industrial zoning districts subject to the following standards:

a.

The storage container(s) are considered accessory structures to the principal structure;

b.

The storage container(s) must be placed and painted in compliance with all standards of this Code;

c.

The maximum size of an individual storage container is 320 square feet;

d.

The maximum height of an individual storage container is ten feet measured from grade to the top of the container; and

e.

Storage containers must be used for storage purposes only and may not be used as habitable space and connected to sewer, water, or gas service. Electrical service for lighting and outlets is allowed.

5.

Construction trailers are subject to the following requirements:

a.

The construction trailer must remain on-site only for the duration of an active Building Permit. Abandoned trailers are not permitted on the site.

b.

The construction trailer and attendant parking must be located on-site and must not interfere with safe ingress and egress to developed areas or areas under construction.

c.

The construction trailer must be removed from the site prior to Certificate of Occupancy, or within 30 days after the final Certificate of Occupancy in the case of residential development.

6.

Storage containers may be utilized in the construction of residential or commercial buildings provided that they comply with all applicable Building Code requirements and the standards included in this Code.

(Ord. No. 28-25, § 3, 10-21-2025)

3.4.1.

Purpose. This section allows for the establishment of certain temporary uses, provided that a SETUP, if required, is properly obtained and the temporary use complies with the standards of this Section.

3.4.2.

Temporary Uses Allowed. The following temporary uses are allowed provided they comply with the conditions stated below:

A.

Antennas, Temporary. Temporary antennas may only be allowed in the following instances:

1.

In conjunction with a festival, carnival, or other permitted temporary use. The antenna(s) are only allowed commencing from one week prior to the event and must be removed one week after the event.

2.

In conjunction with a natural calamity such as a storm or other emergency as declared by the City's Police or Fire Departments, in which the calamity has damaged or destroyed the regular facilities, and the temporary facilities are needed to restore service until the damage can be repaired or replaced. The facility owner or the service provider shall notify the City within 24 hours of the outage and must receive an Administrative Permit if the temporary facility will be required for more than seven days.

B.

Batch Plant, Temporary. Outside deliveries of concrete from the proposed temporary batch plant to locations outside of the development being served by the temporary batch plant are prohibited. Separate permits for the temporary batch plant may be required from the City's Building Division, Public Works Department, or Fire Department. The site shall be restored to pre-event condition at the conclusion of the temporary use, including the demolition and removal of any paved surfaces. Additional conditions may apply as part of the SETUP approval, as determined by the Zoning Administrator.

C.

Expansion or Replacement Facilities, Temporary. Expansion or replacement facilities are permitted, provided that they consist of transportable buildings that are pre-constructed and arrive at the site ready for occupancy and are readily removed and installed at other sites. Such facilities may include, but are not limited to, the following:

1.

Expansion of existing religious assembly facilities, health care facilities, schools, and government offices following the approval of filed plans and applications for the permanent alteration/expansion of these facilities.

2.

Temporary classroom space for existing schools.

3.

Temporary office space for construction and security personnel during the construction of an approved development for which a Grading or Building Permit has been issued.

4.

Temporary space for recreational uses provided in connection with an approved residential development under construction.

5.

Temporary space for a nonresidential or residential use following damage to or destruction of a building by fire or other catastrophic event.

6.

Temporary office space (one per site) for hiring, membership solicitation, apartment office/leasing, and general office use following the issuance of a Building Permit for the construction of a permanent building.

D.

Food Truck (Mobile Food Vendor). Food trucks located on private property are temporary uses subject to the following:

1.

Food trucks and all associated equipment must not be located on a single property for greater than 12 continuous hours within a 24-hour period, unless it is associated with a longer-term permitted temporary or special event. Food trucks which intend to permanently locate on a private property are permanent uses and require full site improvements and Site Plan review.

2.

Food trucks, signs, seating, and associated customer parking must be located entirely on private property on a paved or approved dust-free surface. Food trucks on public property are governed by the Buckeye City Code and applicable state law.

3.

Food trucks must not be located within 250 feet of residential zoned property except when located on land owned and maintained by a Homeowners Association in conjunction with an authorized community event.

a.

Catering service as defined by this Code is not subject to the limitations of this subsection.

b.

Assembly uses or nonresidential uses that contain an on-site parking lot such as parks, libraries, and schools, are not subject to the limitations of this subsection.

4.

Tents, temporary lighting, sound equipment, storage containers, coolers, refrigerators, storage buildings, permanent canopies or other structures associated with the food truck are not permitted, unless approved through a SETUP in Section 3.4.4, Special Event Temporary Use Permits.

5.

Food trucks must be operable/drivable, licensed and comply with all Maricopa County Health Department requirements.

6.

Food trucks must be licensed in compliance with City of Buckeye license requirements.

E.

Hot Air Balloons. Hot air balloons require clearance from Luke Air Force Base prior to the approval of a SETUP.

F.

Portable Restrooms, Temporary. Temporary portable restrooms are only allowed when authorized as part of temporary construction or a temporary event use that is subject to approval of a SETUP, as part of an approved Model Home Complex, or when approved by the Zoning Administrator.

G.

Portable Storage Containers, Temporary. The temporary placement of portable storage containers on a lot for an emergency situation or construction activities that do not require a Building Permit is permitted subject to the following:

1.

The property owner must obtain a SETUP within five business days of the emergency or prior to the placement of the container if used for construction activities.

2.

The maximum duration that the storage container may remain on a property is as follows:

a.

Residential zoning districts. 90 consecutive days, with the option of a one-time extension of an additional 90 consecutive days, for a maximum total of 180 consecutive days within one year from the date that the initial SETUP was issued.

b.

All nonresidential zoning districts. 120 consecutive days, with the option of a one-time extension of an additional 90 consecutive days, for a maximum total of 210 consecutive days within one year from the date that the initial SETUP was issued.

3.

In all nonresidential districts, portable storage containers are allowed as a temporary use, subject to the issuance of a SETUP, during the construction, remodeling, or redevelopment of permanent on-site buildings and facilities. Portable storage containers may be an accessory to a temporary use such as a special event or temporary retail sale that is periodic or intermittent.

a.

The Zoning Administrator may add conditions specifying and limiting the number, size, location, and duration of the storage containers.

b.

Portable storage containers must not be located in landscape areas, open space, retention basins, drive aisles, fire lanes, required parking spaces, loading zones, or any other location that may cause hazardous conditions, constitute a threat to public safety, or create a condition detrimental to surrounding land uses and developments.

H.

Retail Sales, Temporary. Retail sales of products, including but not limited to Christmas trees, nursery products, agricultural produce, or fireworks, is permitted in any nonresidential district for a period not to exceed the number of days specified in the SETUP. Display of products need not comply with the yard and setback requirements of this Development Code provided that no displays are located within an area restricted by the vision clearance area requirements of this Code or Engineering Design Standards.

I.

Roadside Stand, Temporary. A temporary structure or use for the seasonal retail sale of locally grown food products such as food and vegetables may be allowed in the RR, AG and R1-43 Zoning Districts. Additional right-of-way permits and/or business licensing may be required.

J.

Sales/Leasing Office, Temporary. A temporary sales or leasing office that is located within a permanent structure, such as a model home, is permitted for residential development in any residential or mixed-use zoning district until all of the lots, houses, or dwelling units are sold or leased. A modular or manufactured building may be used for a period of six months, or until the first six lots/units or ten percent of the lots/units that have been final platted/approved, whichever is less, are improved; after which time the modular or manufactured building must be replaced with a sales or leasing office within a permanent structure. Use of the sales or leasing office for sites outside of the project is prohibited.

K.

Yard Sales, Temporary. Yard sales in agricultural and residential zoning districts are permitted on any property where residential use is the principal use and do not require the issuance of a SETUP in Section 3.4.4, Special Event Temporary Use Permits, unless the length or frequency of the yard sale exceeds that exempt under Section 3.4.4C, Permit Exemptions. Yard sales in mixed-use development are only permitted on property where residential use is the principal use, and only after issuance of a SETUP under Section 3.4.4, Special Event Temporary Use Permits. No yard sale may exceed 72 hours in any 30-day period.

L.

Other Temporary Uses. The Zoning Administrator may approve other temporary uses or structures using the process established in Section 3.1.4, Classification of New and Unlisted Uses.

3.4.3.

General Requirements for All Temporary Uses and Structures. All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this Code:

A.

Written property owner permission is required for all temporary uses.

B.

Permanent alterations to the site are prohibited.

C.

All temporary signs associated with the temporary use or structure shall comply with the standards of Section 5.11.7, Standards for Portable and Temporary Signs and shall be removed when the activity ends.

D.

The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site.

E.

The temporary use standards of this Section do not exempt the property owner from any other required permits, such as Health Department permits.

F.

If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or structure to occur, as well as any parking and traffic movement that may be associated with the temporary use.

G.

If the property is developed, the temporary use shall be located in an area that is not actively used by an existing approved principal use, and that would support the proposed temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, emergency access, pedestrian circulation, or parking space availability. Tents and other temporary structures shall be located not to interfere with the normal operations of any permanent use located on the property.

H.

Driveways, sidewalks, or parking areas must not be blocked or their function impeded. Streets must not be blocked or their function impeded, unless otherwise approved through a SETUP. Provisions must be made to provide for the safe and efficient flow of traffic during the temporary use.

I.

All temporary lighting and sound equipment shall be directed away from adjacent rights-of-way and properties and extinguished/silenced at the close of business.

J.

All temporary vehicles/structures/tents shall not exceed the maximum height allowed in the zoning district in which the temporary use is located and must be located at least 50 feet from a residential use.

3.4.4.

Special Event Temporary Use Permits.

A.

Permit Required. All temporary uses and structures shall obtain a SETUP in compliance with the procedures set forth in Section 8.10, Special Event Temporary Use Permits, of this Development Code.

B.

Duration. Operational timeframes for a temporary use are left to the discretion of the Zoning Administrator. In no case may a temporary use operate for more than one year, without re-evaluation of the temporary use.

C.

Permit Exemptions. The following temporary uses are deemed approved in any zoning district and do not have to obtain a SETUP, provided that the proposed temporary use complies with the requirements in Section 3.4.2, Temporary Uses Allowed and Section 3.4.3, General Requirements for All Temporary Uses and Structures:

1.

City-sponsored events and/or temporary uses;

2.

Up to seven, maximum two-day garage or yard sales per year per dwelling unit;

3.

Temporary car washes, provided that the total number of days is no more than seven per year;

4.

Gatherings of less than 100 people on private or homeowners association property, nonprofit bazaars, and fundraisers, provided such gatherings in residential areas are confined to the hours of 8:00 a.m. to 10:00 p.m.;

5.

Temporary uses that occur wholly within an enclosed permanent building;

6.

Construction trailers, provided they are placed in compliance with subsection 3.3.4.G.5;

7.

Food trucks;

8.

Yard sales as described in Section 3.4.2.K; and

9.

Temporary office space for construction and security personnel.

(Ord. No. 28-25, § 3, 10-21-2025)

3.5.1.

Purpose. This section defines the general use categories and specific use types listed in Table 3.1-1, Table of Allowed Uses.

3.5.2.

Residential Uses.

A.

Household Living. This use category is characterized by residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis (lodging where tenancy may be arranged for a period of less than 30 days is classified under the "visitor accommodation" category). Common accessory uses include recreational activities, raising of pets, gardens, personal storage buildings, hobbies, and parking of the occupants' vehicles. Specific household living use types include, but are not limited to:

1.

Accessory Dwelling Unit. A self-contained living unit that is on the same lot as a single-family dwelling of greater square footage than the ADU, that includes its own sleeping and sanitation facilities and that may include its own kitchen facilities. ADUs are also known as a granny flat, mother-in-law apartment, casita, or carriage house.

2.

Bungalow Community. A grouping of small, compact, detached and/or attached single-family dwelling units on a single lot clustered around a common usable area and developed with a shared plan for access and parking, and a coordinated design for the buildings and site.

3.

Dwelling, Duplex. Two dwelling units on the same parcel or lot in attached, detached or semi-detached arrangements that are designed for residential occupancy by not more than two households living independently from each other.

4.

Dwelling, Fourplex. Four dwelling units on the same parcel or lot in attached, detached or semidetached arrangements that are designed for residential occupancy by not more than four households living independently from each other.

5.

Dwelling, Multi-Family. A residential building designed for occupancy by five or more families living independently of each other in separate units.

6.

Dwelling, Manufactured Home. A transportable structure built on a permanent chassis in a factory or manufacturing plant in compliance with the Housing and Urban Development standards that is designed to be used as a dwelling with or without a permanent foundation and under the regulation of the Arizona State Office of Manufactured Housing.

7.

Dwelling, Mobile Home. A structure, transportable in one or more sections, that is at least eight feet in width and 32 feet in length and that is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation, when connected to on-site utilities, and that was not constructed in compliance with the National Manufactured Home Construction and Safety Standards Act of 1974 and Title VI of the Housing and Development Services Act of 1974. Residential use of mobile homes constructed prior to 1976 is prohibited.

8.

Dwelling, Single-Family Attached. A residential building designed for occupancy by one family on its own individual lot that shares one or more common or abutting walls with one or more dwelling units. An attached single-family dwelling does not share common floors/ceilings with other dwelling units.

9.

Dwelling, Single-Family Detached. A building designed for or used as a residence by one family and having no walls in common with adjoining buildings.

10.

Dwelling, Triplex. Three dwelling units on the same parcel or lot in attached, detached or semidetached arrangements that are designed for residential occupancy by not more than three households living independently from each other.

11.

Dwelling, Zero Lot Line. A detached residential building that has only one side yard.

12.

Family. An individual or two or more persons related by blood, marriage, or adoption. Also, a group of not more than six persons, who need not be related, living together as a single housekeeping unit in a dwelling unit.

13.

Household. A single person living or residing in a dwelling or place of residence, or two or more persons living together or residing in the same dwelling or place of residence.

14.

Middle Housing. Buildings that are compatible in scale, form, and character with single-family houses and that contain two or more attached, detached, stacked or clustered homes. Middle housing includes duplexes, triplexes, fourplexes, and townhouses.

15.

Mobile or Manufactured Home Park. A site with required improvements and utilities for the long-term parking/siting of mobile homes or manufactured homes, which may include services and facilities for the residents.

16.

Mobile or Manufactured Home Subdivision. A subdivision with required improvements and utilities for the long-term parking/siting of mobile homes or manufactured homes on individual home lots, which may include services and facilities for the residents.

17.

Townhome/Townhouse. Dwelling units that are constructed in a row of two or more attached units in which each dwelling unit shares at least one common wall with an adjacent unit and that are accessed by separate outdoor entrances. Townhomes where each dwelling unit is on its own parcel or lot are considered single-family attached. Townhomes with five or more units on the same parcel or lot are considered multi-family and not middle housing for the purpose of this Development Code.

B.

Group Living. This category is characterized by residential occupancy of a structure by a group of people who do not meet the definition of "household living." Tenancy is arranged on a monthly or longer basis, and the size of the group may be larger than a family. Generally, group living structures have a common eating area for residents. The residents may receive care, training, or treatment, and caregivers may or may not also reside at the site. Accessory uses commonly include recreational facilities and vehicle parking for occupants and staff. Specific group living use types include, but are not limited to:

1.

Assisted Living, Commercial. Premises used for the housing of and caring for the ambulatory, aged or infirm, other than a hospital, licensed by the Arizona State Department of Health Services (AZDHS) for more than ten persons.

2.

Assisted Living, Residential. A dwelling unit used for the housing of and caring for the ambulatory, aged or infirm, other than a hospital, licensed by the AZDHS and registered with the City for more than six, but not more than ten persons in a residential setting. A residential assisted living home shall not be located on a lot within 1,200 feet, measured by a straight line in any direction, from another residential assisted living home, group home, or group recovery home as measured from property line to property line. The separation requirements do not apply to residential assisted living homes, group homes, or group recovery homes separated by arterial roads. See Section 8.13.2, Reasonable Accommodation for procedural requirements related to disability accommodations.

3.

Boarding House/Guest Room. A building arranged or used for lodging with no more than five bedrooms, with or without meals, for compensation and not occupied as a single-family unit. A board house may also be known as single room occupancy. The occupancy of one or two bedrooms for compensation is not considered a boarding, dormitory, or rooming house, provided not more than two guests occupy each bedroom.

4.

Group Home. A residential facility licensed by the AZDHS and registered with the City that provides residence and incidental medical treatment for more than six, but no more than ten persons with disabilities or minors living in a single dwelling unit who need mutual support furnished by other residents in the facility as well as the support services (if any) provided by the facility staff. A group home shall not be located on a lot within 1,200 feet, measured by a straight line in any direction, from another group home, residential assisted living home, or group recovery home as measured from property line to property line. The separation requirements do not apply to residential assisted living homes, group homes, or group recovery homes separated by arterial roads. See Section 8.13.2, Reasonable Accommodation for procedural requirements related to disability accommodations.

5.

Group Recovery Home. A residential facility licensed by the AZDHS and registered with the City which provides residence and incidental medical treatment for more than six, but no more than ten persons who are in the process of recovery and/or adjustment from alcoholism, drug abuse, or mental health afflictions living in a single dwelling unit who need mutual support furnished by other residents in the facility as well as the support services (if any) provided by the facility staff. A group recovery home shall not be located on a lot within 1,200 feet, measured by a straight line in any direction, from another group recovery home, residential assisted living home, or group home as measured from property line to property line. The separation requirements do not apply to residential assisted living homes, group homes, or group recovery homes separated by arterial roads. See Section 8.13.2, Reasonable Accommodation for procedural requirements related to disability accommodations.

6.

Nursing Home. A health care facility, other than a hospital, licensed by the AZDHS, designed to provide housing, meals, and treatment, and skilled nursing care on a long-term basis to more than six individuals who, because of age, illness or infirmity, are unable to care for themselves.

7.

Shelter Care Facility. A residential care facility for no more than ten persons which provides temporary lodging, meals, counseling, and full-time supervision to individuals and groups such as pregnant teenagers, victims of domestic violence, neglected children, and runaways for periods of less than 30 consecutive days.

8.

Shelter Care Facility, Homeless. A facility which provides temporary lodging, meals, and sanitary facilities for no more than ten people without permanent housing.

3.5.3.

Public/Institutional Uses.

A.

Community Service. Uses including buildings, structures, or facilities owned, operated, or occupied by a governmental entity or nonprofit organization to provide a service to the public. Specific community service use types include, but are not limited to:

1.

Cemetery. Land used or dedicated to the interment of human or animal remains, including columbaria, mausoleums, mortuaries, and associated maintenance facilities when operated in conjunction with, and within the boundaries of, the cemetery.

2.

Crematorium or Funeral Parlor. A location containing properly installed, certified apparatus intended for use in the act of cremation, or an establishment for the preparation of the deceased for burial and the display of the deceased and rituals connected with, and conducted before, burial or cremation. This definition may include a facility for the permanent storage of cremated remains of the dead.

3.

Government Administration and Civic Buildings. An office of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited to: post offices, employment offices, public assistance offices, or motor vehicle licensing and registration services.

4.

Public Safety Facility. The conduct of publicly owned safety and emergency services, such as, but not limited to, fire stations, police stations, and emergency medical and ambulance services.

5.

Social Service Facility. A public or nonprofit facility that is not a hospital, nursing home, day care center, group care home, residential facility, boarding house, or health clinic.

B.

Day Care Facility. Day care uses include facilities that provide care for children or adults on a regular basis away from their primary residence. This category does not include public or private schools or facilities operated in connection with an employment use, shopping center, or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity. Accessory uses include offices, recreation areas, and parking. Specific day care use types include, but are not limited to:

1.

Day Care, Commercial. An establishment licensed by the AZDHS providing care and supervision for five or more persons on a less than 24-hour basis. This classification includes nursery schools, preschools, day care centers for children or adults, and any other day care facility licensed by the state.

2.

Day Care, Residential. An establishment licensed by the AZDHS that provides either child day care for at least six and not more than ten children or adult day care for at least six and not more than ten adults. The following uses are not a residential day care use: group home; group recovery home; shelter care facility; shelter care facility, homeless; and day care, home occupation.

C.

Health Care Facility. Health care uses are characterized by activities focusing on medical services, particularly licensed public or private institutions that provide primary health services and medical or surgical care to persons suffering from illness, disease, injury, deformity, or other physical or mental conditions. Accessory uses may include laboratories, outpatient, or training facilities, and parking, or other amenities primarily for the use of employees in the firm or building. Specific health care facility use types include, but are not limited to:

1.

Hospital. A public or private facility, which can include multiple buildings, for the accommodation of sick, injured, or infirm persons, and for the provision of related outpatient services. Services regularly include the keeping of patients overnight. Accessory uses include heliports and related facilities, and parking.

2.

Medical Office or Clinic. A public or private facility primarily engaged in furnishing, on an outpatient basis, chiropractic, dental, medical, surgical, medical imaging, or other services to individuals, including the offices of chiropractors, physicians, dentists, drug therapists, and other health practitioners, medical and dental laboratories, outpatient care and outpatient care facilities. Patients are not kept overnight except under emergency conditions.

D.

Wireless Facilities. Wireless facilities transmit analog or digital voice or communications information between or among points using electromagnetic signals via antennas, microwave dishes, and similar structures. Supporting equipment includes buildings, shelters, cabinets, towers, electrical equipment, parking areas, and other accessory developments. Specific wireless facility use types and related terms include, but are not limited to:

1.

Alternative Tower Structure. An innovative wireless tower design, such as a clock tower, grain silo, bell tower, false chimney, steeple, light pole, flagpole, windmill, and similar design mounting structures, that camouflage or conceal the presence of wireless antennae or towers. Alternative tower structures may also include utilization of a traffic signal streetlight pole or similar structure, or freestanding structure within a public right-of-way as approved by the Zoning Administrator on a case-by-case basis.

2.

Amateur Radio Antenna. A freestanding or building-mounted structure, including any base, tower, pole, antenna, and appurtenances, intended for airway telecommunications purposes by a person holding a valid amateur radio (HAM) license issued by the FCC.

3.

Antenna. Communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services.

4.

Backhaul. The connection from a wireless facility base station to the core network of the internet.

5.

Base Station. The structure or equipment at a fixed location that enables wireless communications licensed or authorized by the FCC, between user equipment and a communications network. The term does not encompass a tower or monopole as defined in this chapter or any equipment associated with a tower or monopole:

a.

The term includes, but is not limited to, equipment associated with wireless communications services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services.

b.

The term includes, but is not limited to, radio transceivers, antennae, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

c.

The term includes any structure other than a tower or monopole that, at the time the relevant wireless facility application is filed with the City under this chapter, supports or houses equipment, and that has been reviewed and approved under the applicable zoning or siting process, or under another state, county or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

d.

The term does not include any structure that, at the time the relevant wireless facility application is filed with the City under this chapter, does not support or house equipment described in subsections a) and/or b) above.

6.

Broadcasting or Recording Studio (No Tower). A building or portion of a building used as a place for radio or television broadcasting or recording but without a transmission tower.

7.

Cell on Wheels (COW). A mobile cell site that consists of a cellular antenna tower and electronic radio transceiver equipment on a truck or a trailer designed to be part of a cellular network and temporary in nature.

8.

Satellite Earth Station. A telecommunication facility that transmits to and/or receives signals from an orbiting satellite.

9.

Collocate or Collocation. To install, mount, maintain, modify, operate, or replace wireless facilities on, within, or adjacent to a wireless support structure.

10.

Collocation, Major. A collocation of a wireless facility where the proposed wireless facility equipment exceeds ten feet above the supporting structure and/or exceeds 50 feet above ground level.

11.

Collocation, Minor. A collocation of a wireless facility where the proposed wireless facility equipment does not exceed ten feet above the supporting structure and does not exceed 50 feet above ground level.

12.

Conceal or Concealment. Wireless facilities designed or disguised to look like something other than a wireless facility or base station.

13.

Deemed Approved. A wireless facility modification or building permit application that has been deemed approved upon the City's failure to act, and has become effective, as provided pursuant to the FCC, the state, and this Development Code.

14.

Existing. For purposes of this Chapter, wireless facilities that were reviewed and approved under the applicable zoning or siting process in effect before the effective date of this Section, provided that a tower that was not reviewed and approved prior to the effective date of this Section, because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

15.

FCC. The Federal Communications Commission or its successor.

16.

Microcell. A device that is connected to aerial facilities and used solely for transmitting, processing, and receiving voice and data wireless telecommunications services, without any associated ground mounted equipment. The device is often referred to as an "ASME" (aerial strand mounted equipment).

17.

Monopole. A wireless support structure composed of a single spire used to support communications equipment and having no guy wires or ground anchors. A monopole, excluding municipal towers, shall not be greater than 40 inches in diameter at ground level and shall have all of the wireless facilities mounted on the pole and wiring contained inside of the pole. Includes monopalms, monocactus, monopines, and monobroadleaf wireless towers.

18.

Public Right-of-Way ("ROW"). The area on, below, or above a public roadway, highway, street, sidewalk, alley, or utility easement. Right-of-way does not include a federal interstate highway, a state highway, or state route under the jurisdiction of the department of transportation, a private easement, property that is owned by a special taxing district, or a utility easement that does not authorize the deployment sought by the wireless provider.

19.

Rooftop-Mounted Wireless Facility. A wireless facility with the antennae located on the roof of a building or on top of a structure and consisting of antennae, support structures, and accessory equipment which are adequately screened so as not to appear as stand-alone devices above the top of the roof line.

20.

Small Wireless Facility ("SWF"). Refer to Section 19-11-5 of the Buckeye Municipal Code.

21.

Structure-Mounted Wireless Facility. A wireless facility with the antennae located on the wall or roof of a building or on the side or top of a structure, including collocating on an existing freestanding wireless facility and consisting of antennae, support structures, and accessory equipment.

22.

Tower. Any structure built for the sole or primary purpose of supporting any antennae and their associated facilities, licensed or authorized by the FCC, such as structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and the associated site.

23.

Transmission Equipment. Equipment that facilitates transmission for any wireless communication service licensed or authorized by the FCC, including, but not limited to, radio transceivers, antennae, coaxial or fiber-optic cable, and regular and back-up power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

24.

Wireless Facility.

a.

Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including both of the following:

i.

Equipment associated with wireless communications.

ii.

Radio transceivers, antennae, coaxial or fiber-optic cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

b.

Includes Small Wireless Facilities. Refer to Section 19-11-5, Small Wireless Facilities.

c.

Does not include the structure or improvements on, under, or within which the equipment is collocated, wireline backhaul facilities, coaxial or fiber-optic cable that is between wireless support structures or utility poles, or coaxial or fiber-optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna.

d.

Does not include Wi-Fi radio equipment described in A.R.S. § 9-506(I) or microcell equipment described in A.R.S. § 9-584(E).

25.

Wireless Facility Monopole Modification, Major. A modification of an existing wireless facility monopole where the proposed monopole and base station exceeds the greater of either:

a.

An increase in height of the tower greater than ten feet; or

b.

An increase of base station area greater than ten percent of the existing facility.

26.

Wireless Facility Monopole Modification, Minor. A modification of an existing wireless facility monopole where the proposed monopole and base station does not exceed the greater of either:

a.

An increase in height of the monopole less than ten feet; or

b.

An increase of base station area less than ten percent of the existing facility.

27.

Wireless Support Structure. A freestanding structure, such as a monopole; a tower, either guyed or self-supporting; a sign or billboard; or any other existing or proposed structure designed to support, or capable of supporting, wireless facilities. Does not include utility poles.

E.

Transportation Facility. This category includes facilities that receive and discharge passengers and freight. Accessory uses include freight handling areas, concessions, offices, parking, and maintenance and fueling facilities. Specific transportation facility use types include, but are not limited to:

1.

Airport. A place where aircraft can land and depart, usually equipped with landing field facilities for refueling and repair, and various accommodations for passengers.

2.

Bus Terminal. Any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.

3.

Heliport. An area designed to be used for the landing or takeoff of helicopters, which may include all necessary passenger and cargo facilities, fueling, and emergency service facilities.

F.

Utility. This category includes both major utilities, which are infrastructure services providing regional or community-wide service, and minor utilities, which are infrastructure services that need to be located in or near the neighborhood where the service is provided. Services may be publicly or privately provided. Accessory uses may include control, monitoring, data, or transmission equipment.

1.

Battery Energy Storage System (BESS). A system consisting of electrochemical, kinetic, thermal, or other form of energy-storage technology storage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled, capable of storing energy to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. For the purposes of this Development Code, BESS excludes residential battery storage.

a.

Battery. A single cell, stack, core building block, or a group of cells connected electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this Chapter, batteries utilized in consumer products are excluded from these requirements.

b.

Battery Management System. An electronic system that prevents storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The system generates an alarm and trouble signal for abnormal conditions.

c.

Cell. The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.

d.

Commissioning. A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable Code requirements.

e.

Decommissioning Plan. A plan to retire the physical facilities of the Project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring. The plan contains detailed information on the proposed decommissioning and covers the schedule, type, and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation.

f.

Energy Storage System. A system which stores energy and releases it in the same form as was input.

2.

Solar Generation Station. An electrical energy generation plant comprised of one or more free-standing, ground-mounted devices that capture solar energy and convert it to electrical energy for use by an off-site electric utility provider. Solar generation stations typically utilize photovoltaic solar cells. A solar generation station may also be known as a solar plant, solar generation plant or solar farm.

3.

Utility Facility, Major. A service of a regional nature that normally entails the construction of new buildings or structures, and that typically has employees on the site on an ongoing basis. Examples include, but are not limited to: wastewater treatment plans, water works, reservoirs, power or heating plants, and steam generating plants.

4.

Utility Facility, Minor. A service that is necessary to support development within the immediate vicinity and that involves only minor structures. Employees typically are not located at the site on an ongoing basis. Examples include but are not limited to: electric transformer stations; gas regulator stations; telephone exchange buildings; well, water, and sewer pumping stations; water storage tanks; and water pressure regulating stations.

3.5.4.

Recreation, Education, and Assembly Uses.

A.

Assembly. Assembly uses include facilities owned or operated by associations, corporations, or other persons for social, educational, or recreational purposes primarily for members and their guests. Accessory uses may include offices, meeting areas, food preparation areas, concessions, parking, and maintenance facilities. Specific assembly use types include, but are not limited to:

1.

Assembly Hall, Private. A building or structure, or group of buildings or structures, owned or operated by a private entity, intended primarily for the conducting of organized assembly. Accessory uses may include meeting rooms, kitchen facilities for preparation of food to be consumed on the premises, parking, and childcare provided for persons while they are attending assembly functions. Schools associated with assembly uses are not an accessory use.

2.

Assembly Hall, Public. A building or structure, or group of buildings or structures, owned or operated by a public entity, intended primarily for the conducting of organized assembly. Accessory uses may include meeting rooms, kitchen facilities for preparation of food to be consumed on the premises, parking, and childcare provided for persons while they are attending assembly functions. Schools associated with assembly uses are not an accessory use

3.

Auditorium, Private. An open, partially enclosed, or fully enclosed facility used or intended to be used primarily for commercial entertainment events, expositions, and other public gatherings.

4.

Community Recreation Center. A facility providing recreation/pool facilities and/or meeting rooms, and typically oriented to the recreational needs of the residents of the surrounding area.

5.

Country Club, Private Membership. An area of 25 acres or more containing, but not limited to, a golf course and a club house and available only to a private specific membership. Such a club may contain adjunct facilities, such as a private club and dining room, swimming pool, tennis courts and similar service and recreation facilities.

6.

Event Venue. A public or private facility used for special occasions, such as banquets, weddings, celebrations and parties, or similar gatherings.

7.

Fraternal or Social Club, Nonprofit. Buildings and facilities owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, to which membership is required for participation, and not primarily operated for profit nor to render a service that is customarily carried on as a business.

8.

Religious Assembly. A facility used primarily to provide assembly and meeting areas for religious activities. Accessory uses include cultural events, parking, caretaker's housing, buildings ancillary to a religious function, pastor's housing, and group living facilities such as convents.

B.

Cultural Facility. A cultural facility displays or preserves objects of interest or provides facilities for one or more of the arts or sciences. Accessory uses may include parking, storage areas, offices, and gift shops. Specific cultural facility use types include, but are not limited to:

1.

Art Gallery or Museum, Public. Any permanent institution for the collection and display of objects of art or science, sponsored by a public or quasi-public agency and open and available to the public.

2.

Library, Public. A permanent facility for storing and loaning books, periodicals, reference materials, audio and videotapes, computers, and other similar media open and available to the public.

C.

Education. Education uses are public (including charter), private, and parochial institutions at the primary, elementary, middle, high school, or post-secondary level, or trade or business schools, which provide educational instruction to students. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before or after school day care. Specific education use types include, but are not limited to:

1.

College or University. A degree-granting institution, other than a trade school, that provides education beyond the high school level. The use includes, but is not limited to, classroom buildings, offices, laboratories, lecture halls, athletic facilities, and dormitories.

2.

Private Elementary or Middle School. A private educational institution that satisfies the compulsory education laws of the State of Arizona for students in elementary grades.

3.

Private High School. A private educational institution that satisfies the compulsory education laws of the State of Arizona for students in secondary education.

D.

Parks and Open Space. Park and open space uses focus on natural areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures. Accessory uses may include clubhouses, playgrounds, maintenance facilities, concessions, caretaker's quarters, and parking. Specific parks and open space use types include, but are not limited to:

1.

Arboretum or Botanical Garden. A public or private facility for the demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants. Permitted accessory uses include gift shops, cafes, snack bars, and parking.

2.

Campground. A parcel of ground where two or more campsites are located, established, or maintained for occupancy by camping units of the general public, including cabins, or tents, as temporary living quarters for recreation, education, or vacation purposes.

3.

Community Playfields and Parks. A tract of land owned by a public entity and available to the general public for recreational purposes. This definition includes indoor recreational facilities, swimming pools, playgrounds, and lighted and unlighted athletic fields.

4.

Parks and Nature Preserves, Not-For-Profit. An area that preserves or protects desert lands, associated endangered species, washes, critical environmental features, viewsheds, or other natural elements. Such areas may include pedestrian or equestrian easements.

E.

Recreation and Entertainment, Indoor. Indoor recreation and entertainment uses provide recreation or entertainment activities within an enclosed environment. Accessory uses may include concessions, snack bars, parking, and maintenance facilities. Specific indoor recreation and entertainment use types include, but are not limited to:

1.

Art Gallery or Museum, Private. Any permanent institution for the collection and display of objects of art or science, not operated by a public or quasi-public agency.

2.

Fitness and Recreational Sports Center. A facility primarily featuring equipment for exercise and other active physical fitness and/or recreational sports activities, such as swimming, skating, racquet sports, aerobic dance, gymnasium facilities, indoor soccer, yoga, and other kinds of sports and fitness facilities.

3.

General Indoor Recreation, Commercial. An establishment offering entertainment, game playing, rides, or similar amusements to the public within an enclosed building. This includes arcades, bowling alleys, billiard parlors, bingo parlors, laser tag parlors, and indoor shooting ranges.

4.

Major Entertainment Facility, Indoor. A place or facility designed to accommodate activities that generally attract 1,000 persons or more to specific indoor events or shows. Activities are generally of a spectator nature. Examples include auditoriums, performing arts centers, and coliseums. Accessory uses may include restaurants, bars, concessions, parking, and maintenance facilities.

5.

Theater. An indoor facility for group entertainment, other than sporting events/ Examples of these facilities include civic theatres where plays or other dramatic performances are given, facilities for live concerts, and movie theatres. A security plan for review and approval by the Zoning Administrator and Chief of Police must be submitted that provides for adequate security including building access considerations.

F.

Recreation and Entertainment, Outdoor. Outdoor recreation and entertainment uses provide recreation or entertainment activities outside of an enclosed environment. Accessory uses may include concessions, snack bars, parking, and maintenance facilities. Specific outdoor recreation and entertainment use types include, but are not limited to:

1.

General Outdoor Recreation, Commercial. Intensely developed recreational uses, lighted or unlighted, such as amusement parks, miniature golf courses, commercial tennis courts, batting cages, skateboard or skate parks or courses, bicycle motocross courses, water parks or slides, drive-in movie theaters, courses for paramilitary games, and archery facilities.

2.

Golf Course, Unlighted. A tract of land laid out with a course having nine or more holes for playing the game of golf, including any accessory clubhouse, driving range, office, restaurant, concession stand, picnic tables, pro shop, maintenance building, restroom facility, or similar accessory use or structure. This term does not include miniature golf courses as a principal or accessory use, driving ranges that are not accessory to a golf course, nor lighted golf courses.

3.

Golf Course/Driving Range, Lighted. A tract of land laid out with a course having nine or more holes for playing the game of golf, including any accessory clubhouse, driving range, office, restaurant, concession stand, picnic tables, pro shop, maintenance building, restroom facility, or similar accessory use or structure. This term includes a lighted driving range without a golf course but does not include miniature golf courses as a principal or accessory use.

4.

Major Entertainment Facility, Outdoor. A large open or partially enclosed space used for games or major events, and partly or completely surrounded by tiers of seats for spectators.

5.

Race Track (Auto, Dog, and Horse). A measured course where animals or machines are entered in competition against one another or against time, including tracks used only in the training of animals.

6.

RV Campground. Any lot of real estate upon which recreational vehicle sites are located for sleeping purposes for the general public as temporary (not to exceed 14 days) living quarters for recreation or vacation purposes, regardless of whether a charge is made for such accommodation.

7.

RV Park. Any lot of real estate upon which two or more recreational vehicle sites are located, established, maintained, or occupied for dwelling or sleeping purposes, on a longer-than-temporary basis.

8.

Shooting Range, Outdoor. An outdoor facility wherein firearms are shot at targets under strict rules of conduct and safety.

9.

Zoo. An area, building, or structure(s) that contains wild and/or domesticated animals on exhibition for viewing by the public.

3.5.5.

Commercial Uses.

A.

Agriculture and Ranching. The use of land for purposes including farming and crop production, dairying, pasturage, horticulture, animal and poultry husbandry, and the necessary accessory uses for treating or storing farm products and parking of equipment. Specific agriculture and ranching use types include, but are not limited to:

1.

Agriculture. The growing and harvesting of crops for commercial purposes.

2.

Commercial Ranch. An animal or crop production enterprise that may include employee housing, heavy equipment storage, and other related improvements.

3.

Dairy. Area where dairy animals are kept for milking and from which a part or all of the milk is sold, offered for sale or supplied for human consumption, and includes all buildings, yards, and premises occupied or used in connection with the production of milk.

4.

Meat Processing. The production, processing, or packing of meat that is intended for human consumption or for use as animal food.

5.

Residential Ranch. A single-family dwelling, with accessory uses such as noncommercial raising of crops and animals, farm buildings, storage of related equipment, and similar types of hobby farm activities. A residential ranch does not include caretaker housing, or other uses associated with a commercial ranch such as heavy equipment storage and commercial breeding.

B.

Animal Sales and Services. Animal sales and services uses involve the selling, boarding, or care of animals on a commercial basis. Accessory uses may include internal and/or external confinement facilities for animals, parking, and storage areas. Specific animal sales and services use types include, but are not limited to:

1.

Animal Hospital. A place where household pets or livestock are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.

2.

Animal Pet Shop, Retail. A retail establishment offering small animals, fish, or birds for sale as pets and where all animals are housed within the building.

3.

Animal Training School. A facility that specializes in the training of household animals.

4.

Kennel. Any structure or premise where five or more domestic animals over five months of age are kept. Also, any structure or premises on which five or more domestic animals, the majority of which are under five months of age are kept, which such animals are of the same species but are not related within three degrees. Among the domestic animals counted for this purpose are dogs, cats, miniature pigs, or any combination thereof.

5.

Kennel, Indoor Only. An enclosed, controlled area within a building, inaccessible to other animals, providing shelter, breeding, and care for domestic animals. This classification includes activities such as feeding, exercising, grooming, and incidental medical care for domestic animals.

6.

Kennel, Indoor/Outdoor. An enclosed, controlled area within a building and including outdoor enclosures that are inaccessible to other animals, providing shelter, breeding, and care for domestic animals. This classification includes activities such as feeding, exercising, grooming, and incidental medical care for domestic animals.

7.

Veterinary Clinic. An office or a clinic of a veterinarian where small animals and household pets are given medical, surgical, or health maintenance treatment. The boarding of animals is limited to short-term care incidental to the treatment clinic and must be a secondary use of the property.

D.

Financial Service. Establishments that provide retail banking services, mortgage lending, and similar financial services to individuals and businesses. This classification includes those institutions engaged in the on-site circulation of cash money but does not include bail bond brokers. Accessory uses may include automatic teller machines, offices, and parking. Specific financial services use types include, but are not limited to:

1.

Financial Institution, With Drive-Through. An establishment that provides banking services, lending, or similar financial services to individuals and businesses. This definition includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities but does not include bail bond brokers. The establishment has a drive-through facility.

2.

Financial Institution, Without Drive-Through. Same as the above use, but with no drive-through facility.

3.

Nontraditional Financial Institution. Any person(s) or establishment engaged in the business of cashing checks or accepting deferred deposits for a fee, service charge, or other consideration, including, but not limited to, businesses primarily engaged in check cashing, bail bonds, and title loans activities. Such uses are not licensed banks, trust companies, savings and loan associations, credit unions, development corporations, mortgage brokers, thrift companies, pawn brokers, or insurance companies.

E.

Food and Beverage Service. Food and beverage service businesses serve prepared food or beverages for consumption on or off the premises. This use category does not include grocery stores, which are included in the general retail category. Accessory uses may include food preparation areas, offices, and parking. Specific food and beverage use types include, but are not limited to:

1.

Bar, Lounge, or Tavern. A structure or part of a structure used primarily for the sale or dispensing and on-site consumption of alcoholic beverages or liquor by the drink, which may or may not serve food. Any facility providing both food and alcoholic beverages or liquor by the drink for on-site consumption that does not meet the definition of a restaurant shall be considered a bar, lounge, or tavern. A security plan for review and approval by the Zoning Administrator and Chief of Police must be submitted for a new bar, lounge, or tavern use that provides for adequate security including building access considerations. Bars on windows are prohibited.

2.

Catering Service. An establishment that prepares food for service at a remote site.

3.

Drive-In Restaurant. A restaurant where customers purchase and consume prepared food on the premises in their automobiles.

4.

Farmers Market. A building, structure, or tract of land with open air stands that is used for the primary purpose of retail sales of fresh fruits, vegetables, flowers, herbs, or plants. This definition may also include the accessory sales of other unprocessed foodstuffs, home processed food products, baked goods, and home-made handicrafts.

5.

Food Sales, Wholesale. A facility that makes food on-site and may sell food items directly at the facility provided that any such sales are secondary and incidental to the primary operation of food production.

6.

Food Truck (Mobile Food Vendor). A food truck or mobile food vendor means any person who owns, controls, manages or leases a mobile food unit or contracts with a person to prepare foods and vend from, drive or operate a mobile food unit. For the purposes of this Section, a mobile food unit means a food establishment that is licensed by this state, that is readily movable, and that dispenses food or beverages for immediate service and consumption and other incidental retail items from any vehicle as defined in A.R.S. § 28-101.

7.

Food Truck Court. A commercial property where multiple mobile food vendors (i.e. food trucks) may operate simultaneously. In addition to providing spaces or stalls for mobile food vendors, food truck courts shall, at a minimum, provide for restroom facilities, drinking fountains, trash and recycling receptacles, shade and seating. Recreational or entertainment activities, such as playground equipment or live music, may be provided on-site. All portions of a food truck court site used for parking (of customer vehicles or food trucks) and/or circulation must be an approved paved surface. Though individual vendors within a food truck court may change cyclically, the food truck court use itself is considered permanent or semi-permanent.

8.

Nightclub. A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and musical entertainments are permitted. A security plan for review and approval by the Zoning Administrator and Chief of Police must be submitted that provides for adequate security including building access considerations. Bars on windows are prohibited.

9.

Restaurant, With Drive-Through. An eating/drinking establishment in which the principal business is the sale of foods or beverages to the customer in a ready-to-consume state and in which the design or method of operation of all or any portion of the business allows food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle. This use may include on-site dining/drinking or it may be a retail food or drink establishment that only provides service from a drive-through or walk-up window.

10.

Restaurant, Without Drive-Through. An area or structure in which the principal use is the preparation and sale of food and beverages. Operations may or may not include outdoor seating areas or outdoor food service, but the operation does not include a drive-through or drive-in facility.

F.

Office. A facility generally focusing on business or professional services. Accessory uses may include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building. Specific office use types include, but are not limited to:

1.

Data Center. A data center is a building, a dedicated space within a building, or a group of buildings used to house computer systems and associated components, such as telecommunications and storage systems.

2.

Office, Business or Professional. An establishment that provides executive, management, administrative, or professional services, but not involving the sale of merchandise except as incidental to a permitted use, and not including a medical office or clinic. Typical examples include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting, broadcasting, call centers, and similar offices.

3.

Research Laboratory. A facility for conducting medical or scientific research, investigation, testing, or experimentation; however, this does not include facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. This definition includes electronic and telecommunications laboratories, including assembly.

G.

Personal Services. Establishments that provide individual services related to personal needs directly to customers at the site of the business, or that receives goods from or returns goods to the customer, which have been treated or processed at that location or another location. Specific personal service use types include, but are not limited to:

1.

Dry Cleaning and Laundry Processing. An establishment used for the cleaning of fabrics, textiles, wearable apparel, or similar articles that includes on-site laundry and/or cleaning activities, including related operation of equipment and machinery. Dry cleaning and laundry establishments where articles are dropped off or picked up by customers that do not include on-site cleaning activities are classified as "general personal services."

2.

General Personal Services. An establishment, whether for consideration or not, that provides care, advice, aid, maintenance, repair, treatment, or similar semi-technical, technical, or experienced assistance, other than the practice of a profession and wholesale or retail sale of goods. Examples included, but are not limited to, shoe repair, beauty and barber shops, massage therapy, rehabilitation therapists, tanning salons; and dry cleaning pick-up and drop-off shops that do not conduct dry cleaning on the premises.

3.

Instructional Services or Trade School. A specialized instructional establishment that provides on-site training of business, artistic, or commercial skills, or a trade school that prepares students for jobs in a trade (e.g., carpentry). Examples include, but are not limited to, fine arts schools, computer instructional services, and driving schools.

H.

Retail (Sales). Retail (sales) firms are involved in the sale, lease, or rent of new or used products to the general public. No outdoor display is permitted unless specifically authorized by this Development Code. Accessory uses may include offices, parking, storage of goods, and assembly, repackaging, or repair of goods for on-site sale. Specific retail use types include, but are not limited to:

1.

Alcoholic Beverages, Retail Sales. A retail establishment, such as a liquor store, licensed to sell alcoholic beverages such as beer, wine, and liquor. No on-site consumption is allowed.

2.

Building Material Sales, Indoor Retail. An establishment for the sale of materials, hardware, and lumber customarily used in the construction of buildings and other structures, and where most display and sale of materials occurs inside the primary structure. Outdoor storage is allowed as an accessory use.

3.

Convenience Store with Gas Sales. An establishment engaged in the sale of convenience goods, such as pre-packaged food items, tobacco, over-the-counter drugs, periodicals, and other household goods; and which also provides the retail sale of petroleum products that are dispensed through gasoline pumps and other supplies for motor vehicles.

4.

Feed Store. An establishment engaged in the retail sale of supplies directly related to ranching or dairy operations.

5.

General Retail. A commercial enterprise that provides goods directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the consumer. Examples include, but are not limited to: apparel shops, appliance sales, auto parts stores, bait shop, bakeries, bookstores, convenience stores without gas pumps, department stores, factory outlet stores, and florists.

6.

Large Format Retail. A building that meets the definition of "general retail" and is 50,000 square feet or greater, but not including a building materials sales establishment.

7.

Nursery and Plant Sales, Wholesale. The use of land, buildings or structures for the production of flowers, shrubs, and plants and their sales at wholesale. Incidental retail sales are allowed.

8.

Open-Air Market or Flea Market. An indoor or outdoor premises where the main use is the sale of new or used household goods, personal effects, tools, artwork, appliances, and similar merchandise, objects, or equipment in small quantities, in stalls, lots, parcels, or in bulk, for the use, sale or consumption by the immediate purchaser in a building, open air on an approved dust-free surface, or partly enclosed booths or stalls not within a wholly enclosed building on an approved dust-free surface. This definition does not include retail sidewalk sales, farmers markets, or garage sales.

9.

Plant Sales, Retail. Land or greenhouses used for retail sale of flowers, shrubs, and plants.

10.

Sexually Oriented Business. Shall be as defined in Chapter 8, Article 8-5, Sexually Oriented Businesses of the City Code. In addition, all use standards adopted by Ord. No. 72-04 remains in full force and effect.

11.

Tobacco Oriented Retailer. An establishment engaged in the sale and/or display of tobacco related products, including, but not limited to: cigarettes, electronic cigarettes & vapor products (vaping), chewing and dipping tobacco, cigarette papers, or any other instrument or paraphernalia for the smoking or ingestion of tobacco and products prepared from tobacco. This includes uses such as, but not limited to, a cigar store, head shop, vapor store or hookah lounge. A tobacco-oriented retailer does not include any establishment over 10,000 square feet in gross floor area, or any establishment devoting less than 15 percent of its floor space to the sale/display of tobacco related products.

I.

Visitor Accommodation. For-profit facilities where lodging, meals, and the like are provided to transient visitors and guests for a defined period. Specific visitor accommodation use types include, but are not limited to:

1.

Bed and Breakfast. One building containing no more than eight sleeping rooms that are occupied or intended or designed to be occupied as the temporary abiding place of persons who are lodged with or without meals, for compensation, but not including a trailer court or camp, hospital, asylum, orphanage, or building where persons are housed under restraint. The building is occupied by either the owner or a resident manager.

2.

Hotel or Motel. A building or group of buildings with continuous on-site management and containing nine or more sleeping rooms that are occupied or intended or designed to be occupied as the temporary abiding place of persons who are lodged with or without meals, for compensation.

3.

Resort. A group or groups of buildings containing more than five dwelling units and/or guest rooms and providing outdoor recreational activities that may include golf, horseback riding, swimming, shuffleboard, tennis, and similar activities. A resort may furnish services customarily furnished by a hotel, including a restaurant, cocktail lounge, and convention facilities.

3.5.6.

Marijuana Uses. This use category includes uses and other terms related to the sale and cultivation of marijuana and the cultivation of marijuana in accordance with applicable A.R.S. provisions, as further described below.

A.

Consume, Consuming, and Consumption. The act of ingesting, inhaling or otherwise introducing marijuana into the human body.

B.

Cultivate and Cultivation. To propagate, breed, grow, prepare, and package marijuana.

C.

Deliver and Delivery. The transportation, transfer, or provision of marijuana or marijuana products to a consumer at a location other than the designated location of a medical marijuana dispensary.

D.

Dual License Marijuana Establishment. An establishment that holds both a medical marijuana dispensary license and a marijuana establishment license.

E.

Entertainment Facility. Any use conducted which is generally related to the entertainment field, such as theaters, carnivals, nightclubs, and similar entertainment activities as determined by the Zoning Administrator.

F.

Manufacture and Manufacturing. To compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

G.

Marijuana. All parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin. Includes cannabis as defined in A.R.S. § 13-3401. Does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.

H.

Marijuana Concentrate. Resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol. Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products.

I.

Marijuana Establishment. An entity licensed by the AZDHS or its successor agency to operate in a single location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana, and manufacture marijuana products.

J.

Marijuana Products. Marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures.

K.

Marijuana Testing Facility. The AZDHS or its successor agency, or another entity that is licensed by AZDHS, to analyze the potency of marijuana and test marijuana for harmful contaminants.

L.

Medical Marijuana. "Marijuana" for "medical use" as those terms are defined in A.R.S. § 36-2801.

M.

Medical Marijuana Dispensary. A nonprofit medical marijuana dispensary as defined in A.R.S. § 36-2801 and registered and certified in accordance with A.R.S. § 36-2804.

N.

Medical Marijuana Dispensary, Offsite Cultivation Location. Any facility, building, or location that grows, cultivates or processes medical marijuana, including, but not limited to the following:

1.

A medical marijuana dispensary that cultivates medical marijuana on its site; and

2.

The one additional location, if any, identified in accordance with A.R.S. § 36-2806(E) during the process of registering a medical marijuana dispensary where marijuana will be cultivated for sale at a medical marijuana dispensary.

O.

Process and Processing. To harvest, dry, cure, trim, or separate parts of the marijuana plant.

P.

Public Place. The same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S. § 36-601.01.

Q.

Security Guard. A licensed and bonded security personnel registered pursuant to A.R.S. § 32-2601.

R.

Smoke or Smoking. Inhaling, exhaling, burning, or carrying or possessing any lighted marijuana product, including cigars, cigarettes, pipe marijuana, or any other lighted marijuana product, whether natural or synthetic.

3.5.7.

Vehicle Sales and Services Uses.

A.

Vehicles and Equipment Sales. Vehicles and equipment uses include a broad range of uses for the maintenance, sale, or rental of motor vehicles and related equipment. Accessory uses may include incidental repair and storage, offices, and sales of parts. Specific vehicle sales and services use types include, but are not limited to:

1.

Boat, RV Sales and Rental. An establishment primarily engaged in the display, sale, or lease of marine vehicles and/or recreational vehicles.

2.

Gasoline Sales. Any area used for retail sale of gasoline or oil fuels, or automobile accessories and incidental services. The use may only include facilities allowed under either major or minor vehicle service and repair if such use is allowed in the zoning district.

3.

Truck Repair and Overhaul. A facility for the overhaul of large diesel engines and/or the performance of major repairs to or rebuilding of large diesel trucks or tractor/trailer combinations.

4.

Truck Stop. A commercial facility whose primary purpose is to provide service and maintenance to diesel powered trucks and tractor trailers, including bays for truck washing and fuel dispensing, but excluding the overhaul of large diesel trucks or engines. Other facilities may also be present, such as convenience markets, motels and restaurants.

5.

Vehicle Sales and Rental. An establishment engaged in the display, sale, leasing, or rental of new or used motor vehicles. Vehicles include, but are not limited to, automobiles, light trucks, vans, trailers, recreational vehicles, motorcycles, personal watercraft, utility trailers, all-terrain vehicles, and mobile homes. Minor vehicle repair is allowed as an accessory use.

6.

Vehicle Service and Repair, Major. An establishment engaged in the major repair and maintenance of automobiles, motorcycles, trucks, vans, trailers, recreational vehicles, mobile homes, or snowmobiles. Services include engine, transmission, or differential repair or replacement; body, fender, or upholstery work; tire replacement; and painting.

7.

Vehicle Service and Repair, Minor. An establishment engaged in light maintenance activities such as engine tune-ups; oil change or lubrication; carburetor cleaning; muffler replacement; brake repair; seasonal tire shops; and detailing and polishing. Vehicle parts are sold and are ordinarily installed on the premises. Major automotive repairs are prohibited except where specifically permitted by terms of a specific use approval.

B.

Vehicle Services.

1.

Car Wash. A facility, coin operated, automatic, or hand wash, for the cleaning of automobiles, providing either self-serve facilities or employees to perform washing operations.

2.

Parking Structure. A structure designed with one or more levels partially or fully enclosed, used for the parking of motor vehicles. The facility may be above, below, or partially below ground. This use does not include private carports or garages.

3.

Vehicle and Boat Storage. Storage of operable vehicles, including RVs, and boats on a commercial basis; provided, however, that the vehicle storage does not include junk and salvage yards or the storage of abandoned vehicles or boats.

3.5.8.

Industrial Uses.

A.

Industrial Service. Industrial service firms are engaged in the repair or servicing of agricultural, industrial, business, or consumer machinery, equipment, products, or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and similar uses perform services off-site. Few customers come to the site. Accessory activities may include sales, offices, parking, and storage. Specific industrial service use types include, but are not limited to:

1.

Building Material Sales, Outdoor or Wholesale. Outdoor sale of materials, hardware, and lumber customarily used in the construction of buildings and other structures, including facilities for storage.

2.

Drilling Company, No Outside Storage. A permanent facility for the drilling or storage of fossil fuels and fossil fuel byproducts including, but not limited to, gasoline, diesel fuel, and motor oil. Uses include those that store such products for transportation. Storage of gaseous products such as liquefied natural gas (LNG), compressed natural gas (CNG), butane, and propane for immediate use by the final consumer are not included in this definition.

3.

Drilling Company, With Outside Storage. Same as the above use, but storage of gaseous products such as liquefied natural gas (LNG), compressed natural gas (CNG), butane, and propane for immediate use by the final consumer are included in this definition.

4.

Equipment Rental Yard. A service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Does not include construction equipment rental, which is separately defined under "Equipment Rental Yard—Heavy."

5.

Equipment Rental Yard, Heavy. Establishments renting construction, farm, or other heavy equipment. Examples include, but are not limited to, cranes, earth moving equipment, tractors, combines, and heavy trucks.

6.

Resource Extraction. The on-site extraction of surface or subsurface mineral products or other natural resources, including but not limited to quarries, burrow pits, sand and gravel operations, oil and gas extraction, and mining operations.

7.

General Industrial Service. Establishments engaged in the storage, repair, or servicing of agricultural, industrial, business, or consumer machinery, equipment, products, or by-products. Examples include: construction materials storage; welding shops, machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; repair, storage, salvage, or wrecking of heavy machinery; heavy truck servicing and repair; aircraft servicing and repair; tire retreading or recapping; and gas and liquid fuel distributors. Accessory activities may include retail sales, offices, parking, and storage.

B.

Manufacturing and Production. This use category includes firms involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, constructed, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Custom industry is included (i.e., establishments primarily engaged in the on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment). Goods are generally not displayed or sold on-site, but if so, such activity is a subordinate part of sales. Relatively few customers come to the manufacturing site. Accessory activities may include retail sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and caretaker's quarters. Specific manufacturing and production use types include, but are not limited to:

1.

Assembly, Light. An establishment engaged only in the on-site assembly of goods. No manufacturing of parts occurs. Goods are shipped to the establishment, assembled, packaged, and reshipped. Assembly and packaging involve only the use of hand tools or domestic mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts. Typical light assembly uses include ceramic studios and custom jewelry manufacturing.

2.

Batch Plant, Permanent. A batch plant is a manufacturing facility for producing concrete or asphalt paving mixtures. A batch plant distributes the aggregate constituents proportionately into the mix by weighed batches and adds asphalt binder by weight.

3.

Maker Space, up to Maximum 30,000 Square Feet. Activities typically include, but are not limited to, on-site, small-scale production of tangible goods including assembly of completely hand-fabricated parts or hand-fabrication of custom or craft goods not for mass production. Examples of maker space uses include ceramic studios, fabrics, inlays, needlework, weaving, leatherwork woodwork, 3D printing, laser cutting, local food and beverage production, metal or glass work, candle making, or custom jewelry. Goods are predominantly manufactured and fabricated involving only the use of hand tools or domestic-scaled mechanical equipment and kilns not exceeding 20 square feet in size. Retail sales are permitted on-site. Accessory retail areas cannot exceed 30 percent of the maker space floor area.

4.

Manufacturing, Heavy. An establishment engaged in the manufacture or compounding process of raw materials. Such activities may include the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. Examples include but are not limited to: refining or initial processing of raw materials; rolling, drawing, or extruding of metals; asphalt batching plants; sawmills; meat slaughtering or packing house; and manufacture or packaging of cement products, feed, fertilizer, flour, glue, paint, petroleum products, soap, turpentine, varnish, charcoal, or distilled products.

5.

Manufacturing, Light. An establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing. Examples include, but are not limited to: airplane, automobile, or truck assembly, remodeling, or repair; bottling works; boat building, machine or blacksmith shops; metalworking or welding shops; paint shops; and printing and publishing shops.

C.

Warehouse and Freight Movement. Firms involved in warehouse and freight movement are engaged in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will call pickups. There is little on-site sales activity with the customer present. Accessory uses may include offices, truck fleet parking, and maintenance areas. Specific warehouse and freight movement use types include, but are not limited to:

1.

Distribution Warehouse. A distribution warehouse is a type of warehouse designed to service goods nearing the end of the supply chain. Items are already manufactured and ready to be distributed to retailers or customers. Storage is temporary until being transported to the final destination.

2.

Mini-Storage, Indoor. A building or group of buildings with controlled access that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of customers' goods or wares, and in which only indoor access is provided to storage units.

3.

Mini-Storage, Outdoor. Same as the above use, but allows outdoor access to storage units.

4.

Motor Freight Terminal. A facility for freight pick-up, distribution, and storage. This may include intermodal distribution facilities for truck or shipping transport and parking for trucks and trailers.

5.

Office Warehouse. A structure containing both offices and a warehouse for storing products associated with the business. The office component of this use shall be least 50 percent of the overall floor area of the structure.

6.

Storage Yard. Any lot or portion of a lot that is used for the sole purposes of the outdoor storage of fully operable motor vehicles, construction equipment, construction materials, or other tangible materials and equipment. No principal building is required for a storage yard.

7.

Warehouse. A warehouse is a facility that stores furniture, household goods, or other commercial or industrial items, including heavy equipment and machinery (including incidental minor repairs to the equipment or machinery), raw materials, goods, or products.

8.

Wholesale Establishment. An establishment primarily engaged in the sale or distribution of goods and materials in large quantity to retailers or other businesses for resale to individual or business customers, and limited retail uses when directly associated with the wholesale use. This term does not include heavy manufacturing, resource extraction, bulk storage of hazardous materials, or scrap or salvage operations.

D.

Waste and Salvage. Waste and salvage firms receive solid or liquid wastes from others for disposal on the site or for transfer to another location. The category includes uses that collect sanitary wastes or uses that manufacture or produce goods or energy from the composting of organic material or processing of scrap or waste material. Waste and salvage uses also include uses that receive hazardous wastes from others. Accessory uses may include recycling of materials, offices, and repackaging and shipment of by-products. Specific waste and salvage use types include, but are not limited to:

1.

Auto Wrecking and Salvage Yard. Any lot upon which two or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license or registration, have been placed for the purpose of obtaining parts for recycling or resale.

2.

Landfill. A planned and approved method or system of waste disposal in which the waste is disposed of or buried in layers, compacted by earth or other approved methods, also known as sanitary landfill.

3.

Recycling Center, Outdoor. A facility in which recoverable resources such as newspapers, glassware, plastics, and metal cans are recycled, reprocessed, and treated to return such products to a condition in which they can again be used for production, and in which some of the operations or storage take place outside of an enclosed building. This facility is not a junkyard or salvage yard.

4.

Recycling Center, Indoor. Same as the above use, but no operations or storage take place outside of an enclosed building.

(Ord. No. 28-25, § 3, 10-21-2025)