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.

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, 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 accordance 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, and the requirements of Article 5, Development and Design Standards and Guidelines.

2.

The "C" designation in Table 3.1-1 in a given district does not constitute an authorization or an assurance that such use will be permitted. Rather, each Conditional Use Permit application shall be evaluated as to its probable effect on adjacent properties and surrounding areas, among other factors, and may be approved or denied pursuant to 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, there may be additional standards that are applicable to the use. Use-specific standards are noted through a cross-reference in the last column of the table. Cross-references refer to Section 3.2, Use-Specific Standards. These standards apply in all districts unless otherwise specified.

3.1.2.

Table Organization. In Table 3.1-1, 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, 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, the following procedure shall be followed:

A.

The Director shall provide an interpretation as to the use category and/or use type into which such use should be placed. In making such interpretation, the Director shall consider its potential impacts, including but not limited to: the nature of the use and whether it involves dwelling activity; sales; processing; type of product, storage and amount, and nature thereof; 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 Director's decision may be made to the Planning Commission following procedures under Section 8.13, Appeals of Administrative Decisions, of this Development Code.

3.1.5.

Table of Allowed Uses.

NOTE: Single-Family Flex (SFF): Same uses allowed as R1-18, R1-10, and R1-6.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 04-11, § 3, 2-15-2011; Ord. No. 06-13, § 1, 5-21-2013; Ord. No. 14-15, § 3, 7-7-2015; Ord. No. 18-17, § 1(Exh. A), 7-5-2017; Ord. No. 11-20, § 3, 8-18-2020; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 37-23, § 3(Att.), 8-1-2023; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

3.2.1.

Residential Uses.

A.

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. In addition, all manufactured homes shall be skirted.

2.

All homes shall be multi-sectional and placed upon a permanent foundation consisting of a concrete stem wall, with additional interior supports as may be required by applicable law or by the City Public Works Department in order to protect public safety. The multi-sectional home is to be secured and fastened to the foundation.

3.

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

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 with asphalt, bituminous, brick, concrete, or other surfaces of comparable durability to minimize nuisance from dust. 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) shall not be permitted.

B.

Mobile Homes. After the effective date of this Development Code, 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.

C.

Convalescent Home or Nursing Home. In the MF-1, MF-2, NMU, CMU, and DR Districts, the use shall abut an arterial street.

D.

Manufactured Home Subdivisions.

1.

All homes are to be multi-sectional and placed upon a permanent foundation, consisting of a concrete stem wall, with additional interior supports as required. The multi-sectional home is to be secured and fastened to the foundation.

2.

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

3.

Off-street parking for at least two automobiles shall be provided for each manufactured home site. 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.

4.

Power pedestals (electrical service section) shall not be permitted.

5.

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

6.

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

E.

Manufactured Home Park/RV Park. Responsibility for approval of the design of a recreational vehicle (RV) or manufactured home park shall rest with the Planning Commission. The following are to be used as minimum standards. Additional standards may be imposed by the board only if so 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.

All utilities shall be provided, including water, sewer, electric, and phone. Lines are to be underground.

c.

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

d.

All homes within manufactured 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.

e.

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

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.

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

2.

RV Park Standards.

a.

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

b.

Common areas must be provided and contain sufficient facilities for park residents. The size of the common areas provided shall equal ten percent of the entire park area. Parks containing less than 15 spaces are exempt from this requirement. Common areas must be improved with landscaping or recreational facilities.

3.2.2.

Public and Institutional Uses.

A.

Arboretum or Botanical Garden.

1.

In all districts in which it is allowed, the use shall abut an arterial street.

2.

No sales are allowed except through gift shops that are approved accessory uses.

B.

Art Gallery or Museum, Public. In the NMU, CMU, and RMU Districts, the use shall abut an arterial street.

C.

Cemetery.

1.

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

2.

All principle vehicular entrances and exits shall be on arterial or collector streets.

3.

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

4.

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

5.

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

D.

Hospitals. In the DC, DR, and C2 Zoning Districts, the use shall abut an arterial or major collector. The use is prohibited on local streets.

E.

Library. In the Residential Districts, the use shall abut an arterial or collector street.

F.

Public Safety Facility. In the Residential Districts, the use shall abut an arterial or collector street.

G.

Assembly Hall, Public; Religious Assembly; Assembly Hall, Private; Country Club, Private Membership Auditorium, Private; and Fraternal or Social Club, Nonprofit. Where an assembly use is originally approved by conditional use, CMP, or PAD, any subsequent associated use that increases the intensity of the development on the site shall also be approved by conditional use or amendment to a CMP or PAD, as applicable. For the purposes of this section, an increase in intensity shall be measured as (1) an increase in vehicular trips generated and/or (2) an increase in impervious surface by five percent or more.

H.

Schools.

1.

All colleges, universities, high schools, and trade schools shall have their principal vehicular entrance and exit on an arterial or collector street; vehicular ingress and egress to local streets is prohibited.

2.

Elementary schools shall not be located adjacent to arterial roads or roads with higher classifications.

3.

No portion of any school facility shall be located in an overhead utility line corridor.

4.

Any development involving a change or expansion of school facilities subject to this Code shall comply with all applicable provisions of Section 8.15, Adequate School Facilities, prior to any action by the Planning Commission or City Council.

I.

Towers; Transmitting Stations.

1.

Governmental Exemption. Section 1.5.3 shall not apply. Development by any municipal, county, state, or federal government agency within the city boundaries shall not be subject to the provisions of the Development Code.

2.

Transmitting Station. Transmitting stations may be located on the ground, on mixed use or non-residential buildings, or on a structure such as a flagpole, light standard, or water tower, but only within those zoning districts indicated in Table 3.1-1.

a.

If mounted on the ground, the maximum height of a transmitting station shall be the same as for any other structure in that zoning district.

b.

If mounted on a mixed use or non-residential building, or other structure such as flagpole, light standard, or water tower, the maximum height of the transmitting station shall not exceed ten feet above the highest point on the building (excluding the transmitting station) or the maximum height of a building in that zoning district as shown in Article 4, Dimensional Standards.

3.

Towers. Freestanding towers are permitted within those zoning districts indicated in Table 3.1-1 and are prohibited from all rights-of-way. Additionally, all freestanding towers must comply with the following standards:

a.

Evidence of Need for Tower.

i.

Towers shall only be permitted if evidence has been produced by the applicant showing that no existing tower or other structure can accommodate the applicant's proposed antenna. Evidence of this unavailability may consist of any of the following:

ii.

No existing towers or structures are located within the geographic area required to meet applicant's engineering, capacity, or technical requirements;

iii.

Existing towers or structures are not of sufficient height or structural strength to meet the applicant's engineering, capacity, or technical requirements;

iv.

Applicant's proposed antenna would cause electromagnetic interference with existing antenna on existing towers or structures, or the existing antennas on the existing towers or structures would cause electromagnetic interference with applicant's proposed antenna;

v.

The fees, costs, or contractual provisions required by the owner of the existing tower in order to share said tower structure are unreasonable (for purposes of this provision, eight-year rental costs exceeding the costs of site acquisition and tower construction including engineering and design fees, are presumptively unreasonable); and

vi.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

b.

Basic Maximum Height. In the PR, PC, SF, MF, and MH Zoning Districts, the base maximum height for all towers (without the bonus height allowed for co-location) is 50 feet. In all other zoning districts the base maximum height for all towers (without the bonus height allowed for co-location) is 75 feet. Height for a freestanding tower must be measured from grade at the base of the tower to the highest point on the tower structure, including any installed antennae and lighting and supporting structures, but not including any palm fronds or other stealth application.

c.

Co-Location Bonus Height. A new tower 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. In the SF, MF, and MH Zoning Districts, the maximum permitted height for towers using the bonus height allowed for co-location is 175 feet. In all other zoning districts the maximum permitted height for towers using the bonus height allowed for co-location is 200 feet. Applicants seeking to erect a tower greater than the basic maximum height, and proposed to be located within 3,000 feet of any other tower greater than the basic maximum height, must provide evidence that reasonable efforts have been made to lease space on an existing planned or constructed tower(s) or that no existing tower(s) will technically satisfy the applicant's needs.

d.

Yards. All freestanding towers must be set back from any residential property boundary a distance equal to the height of the proposed tower.

e.

Signs and Logos. All freestanding towers must be set back from any residential the property boundary a distance equal to the height of the proposed tower.

f.

Buffering, Screening, and Fencing. All fences and walls must be screened as provided in Section 5.4.6, Fences, Walls, and Screening. The base of the tower and each guy anchor must be surrounded by a fence or wall at least eight feet in height that effectively screens the view of the tower compound and accessory facilities from view from adjacent streets and properties.

g.

Co-Location on Existing Towers. Regardless of whether the erection of a new tower is a permitted or conditional use in the zoning district, the co-location of additional antennae on existing tower is a permitted use, provided that the tower structure was designed and engineered to accommodate the additional antennae.

h.

Construction Standards.

i.

The tower shall either maintain a galvanized steel finish or be painted a uniform neutral color (unless color is governed by applicable standards of Federal Aviation Administration) to minimize visual intrusiveness. Cabling shall be contained interior to the structure of the tower or wrapped in a cover with a matching color scheme to the tower. The use of camouflage technology so that the tower appears to be a part of the primary building on site is also acceptable. The design and maintenance of the equipment, buildings, cabinets, or related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting or the built environment of the primary use.

ii.

If an antenna or series of antennae are installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment visually unobtrusive.

iii.

Towers shall not be artificially lighted, unless such lighting is required by the Federal Aviation Administration or other applicable authority.

iv.

All towers, antenna, and related equipment shall meet or exceed current standards and regulations of the Federal Aviation Administration and the Federal Communications Commission, 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 must otherwise comply with the current requirements of the Buckeye Building Code.

i.

Access. All tower sites shall be served by a driveway from a public street and said driveway 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 rain conditions, shall be considered a public nuisance, and may be abated in accordance with the general ordinances dealing with nuisance abatement.

j.

Maintenance, Operation, and Removal.

i.

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

ii.

No antenna 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 of Buckeye.

iii.

Any antenna that is not operated for a continuous period of 12 months shall be considered abandoned; any tower that has not contained an operating antenna for a period of 12 months shall be considered abandoned; and any tower or antenna that does not have electric service to it for a period of 12 months shall be considered abandoned. The owner of an abandoned antenna or tower must remove it within 180 days of receipt of notice from the Director notifying the owner of such abandonment.

iv.

Each tower 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 one year.

k.

Intent to Comply with Federal Telecommunications Act. All provisions of this Section 3.2.2(I) 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 Director is authorized to vary the terms of this Section 3.2.2(I) by the minimum amount necessary to avoid that conflict.

J.

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

1.

Lot Size.

a.

Within the AG and SF-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 shall be as established in Table 4.1-1: Dimensional Standards, except that free-standing, ground-mounted solar devices shall not count toward the lot coverage requirements. Development within the AG Zoning District shall utilize the standards established for the SF-43 Zoning District.

4.

Building Height. Building height shall be as established in Table 4.1-1: Dimensional Standards, except that thermal towers may be up to 200 feet in height provided that the tower is centrally located on the property and maintains a safe fall-zone equal to or greater than the height of the tower. Development within the AG Zoning District shall utilize the standards established for the SF-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 be approved through the issuance of a Conditional Use Permit.

3.2.3.

Commercial Uses.

A.

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

1.

Retail commercial activity;

2.

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

3.

The storage of vehicles or equipment for retail commercial purposes.

B.

Animal Hospitals, Animal Training School, Kennel, and Veterinary Clinic. Animal hospitals shall have their principal entrance and exit on an arterial or collector street. There shall be no ingress or egress to local streets.

C.

Check-Cashing.

1.

Purpose and Applicability. The standards of this section shall apply to all new and expansion of existing check cashing businesses. The purpose of these regulations is to prevent the overconcentration of check cashing businesses.

2.

Location. All new check cashing businesses 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.

D.

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 Conditional Use Permit.

E.

Golf Course, Unlighted; Golf Course/Driving Range, Lighted; Major Entertainment Facility, Outdoor; Race Track (Auto, Dog, and Horse); Shooting Range, Outdoor; Zoo. In any residential these uses shall abut, and shall only have access from, arterial or collector streets.

F.

Large Retail.

1.

Design Standards. All large retail establishments shall comply with the design standards in Section 5.8, Commercial Building Standards and Guidelines.

2.

Adaptive Reuse/Abandonment Agreement. Prior to receiving final approval, large-scale retail uses that are 150,000 square feet or more, excluding any garden center, shall require that the owner of the property execute and have recorded an adaptive reuse/abandonment agreement acceptable to the City Attorney. The agreement shall be recorded with the clerk and recorder's office of the county in which the property is situated. The agreement may contain, but is not limited to, terms and conditions regarding:

a.

A requirement that no covenants, conditions, or restrictions be recorded against or run with the property that in any way impede or prevent the re-use or re-tenanting of the building in the event of vacancy;

b.

The owner's obligations to reuse, re-tenant, or pay for removal of the building in the event of vacancy;

c.

Property maintenance responsibilities in the event of vacancy; and

d.

Enforcement of the agreement and remedies available to the city in the event of breach or other noncompliance.

G.

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

1.

This use shall abut, and shall only have access from, arterial or collector streets.

2.

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

3.

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

4.

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

H.

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

1.

This use shall abut and shall only have access from arterial or collector streets.

2.

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

3.

Only hard-surfaced roads shall be used throughout the grounds.

4.

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

I.

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

J.

Sexually-Oriented Business. All sexually-oriented businesses shall comply with the regulations provided in Chapter 9 of the City Code in addition to this Code.

K.

Medical Marijuana Uses. The following minimum requirements shall apply to all medical marijuana dispensary and medical marijuana cultivation location uses permitted under A.R.S. § 36-2801 et seq. (the "Act") and Section 3.1.5, Table of Allowed Uses, and Section 10.3.3 Q, Medical Marijuana Uses:

1.

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

a.

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

b.

The legal name of the medical marijuana dispensary or medical marijuana cultivation location.

c.

If the application is for a medical marijuana cultivation location, the name and location of the medical marijuana dispensary with which it is associated and, in addition, in the case of designated caregivers or qualifying patients, the name of qualifying patients for which the marijuana is being cultivated.

d.

The name, address, and birth date of each officer and board member of the nonprofit medical marijuana dispensary agent.

e.

The name, address, birth date, and valid registry identification card number of (a) each medical marijuana dispensary agent if the application is related to a medical marijuana dispensary or a related medical marijuana cultivation location and (b) each designated caregiver and qualifying patient if the application is related to a medical marijuana cultivation location associated with such qualifying patient and designated caregiver.

f.

A copy of the operating procedures adopted in compliance with A.R.S. § 36-2804(B)(1)(c).

g.

A notarized certification that none of the medical marijuana dispensary officers or board members has been convicted of any of the following offenses:

i.

A violent crime, as defined in A.R.S. § 13-901.03(B), that was classified as a felony in the jurisdiction where the person was convicted.

ii.

A violation of state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted except an offense for which the sentence, including any term of probation, incarceration or supervised release, was completed ten or more years earlier or an offense involving conduct that would be immune from arrest, prosecution or penalty under A.R.S. § 36-2811 except that the conduct occurred before the effective date of that statute or was prosecuted by an authority other than the state of Arizona.

h.

A notarized certification that none of the medical marijuana dispensary officers or board members has served as an officer or board member for a medical marijuana dispensary that has had its registration certificate revoked.

i.

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

j.

A scale drawing depicting the property lines and the separations from the nearest property boundary of the parcel containing the medical marijuana dispensary or medical marijuana cultivation location to the property boundary of the parcel containing any existing uses listed in the Subsection 3.2.3 K.3 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.

2.

A medical marijuana dispensary shall have operating hours not earlier than 9:00 a.m. and not later than 5:00 p.m., Monday through Friday.

3.

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

a.

Two and one-half miles from any other medical marijuana dispensary or medical marijuana cultivation location.

b.

One thousand feet from a residential substance abuse diagnostic and treatment facility or other residential drug or alcohol rehabilitation facility.

c.

One thousand feet 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.

d.

One thousand feet from any Residential Zoning District or residential use.

e.

One thousand feet from a childcare center.

f.

One thousand feet from a public library or public park.

g.

One thousand feet from a religious institution.

4.

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

5.

The following size limitations shall apply to any medical marijuana dispensary:

a.

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

b.

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

c.

For a medical marijuana dispensary that also is a medical marijuana 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.

6.

The following size limitations shall apply to any medical marijuana cultivation location that is not also a medical marijuana dispensary location:

a.

The total maximum floor area of a medical marijuana cultivation location inclusive of any secure storage area shall not exceed 3,000 square feet.

b.

The secure storage area for the medical marijuana stored at the medical marijuana cultivation location shall not exceed 1,000 square feet.

7.

A medical marijuana dispensary or medical marijuana cultivation location shall:

a.

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 City of Buckeye Fire Code.

b.

Install lighting to illuminate the exterior and interior of the building and all entrances and exists to the facility. Exterior lighting shall be five foot candles, measured at ground level, and shall remain on during all hours between sunset and sunrise each day and the medical marijuana dispensary or cultivation location shall illuminate all areas of the premises, including adjacent public sidewalks so that the areas are readily visible by law enforcement personnel. Twenty-four hours each day, the medical marijuana dispensary or cultivation location shall illuminate the entire interior of the building, with particular emphasis on the locations of any counter, safe, storage area and any location where people are prone to congregate. The lightning 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.

c.

Not have drive-through service.

d.

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

e.

Not provide offsite delivery of medical marijuana, except to a medical marijuana dispensary served by the medical marijuana cultivation location.

f.

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

g.

Not have outdoor seating areas.

h.

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

i.

Provide law enforcement and all interested neighbors with the name and phone number of an on-site community relations staff person to notify if there are operational problems with the establishment.

j.

The exterior appearance of the structure shall be compatible with structures already constructed or under construction within the immediate neighborhood, to ensure against blight, deterioration, or substantial diminishment or impairment of property values in the vicinity.

k.

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 shall be given unrestricted access.

l.

Comply with all other applicable property development and designs standards of the City of Buckeye.

8.

In addition to the requirements set forth in paragraph 7 above, and to ensure that the operations of medical marijuana dispensaries are in compliance with Arizona law and to mitigate the adverse secondary effects from operation of dispensaries, medical marijuana dispensaries shall operate in compliance with the following additional standards:

a.

Security guards shall be provided 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. For the purposes of the section, "security guard" shall mean licensed and duly bonded security personnel registered pursuant to A.R.S. § 32-3601 et seq. Prior to opening for business, the medical marijuana dispensary shall provide all property owners with a 500 foot radius of the medical marijuana dispensary location with written notification via first class U.S. mail of the security company responsible for providing its security services.

b.

If determined necessary by the City Manager at any time, medical marijuana dispensaries shall provide a neighborhood security guard patrol for a two-block radius surrounding the medical marijuana dispensary during all or specified hours of operation.

c.

No doctor shall issue a written certification on-site for medical marijuana.

d.

Medical marijuana dispensaries shall only dispense medical marijuana to qualified patients and their designated caregivers as defined in the Act.

e.

Medical marijuana dispensaries shall notify patrons of the following verbally and through posting of a sign in a conspicuous location at the medical marijuana dispensary:

i.

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.

ii.

Patrons must immediately leave the site and 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.

f.

Medical marijuana dispensaries shall not provide marijuana to any individual in an amount not consistent with personal medical use, or in violation of state law and regulations related to medical marijuana use.

g.

Medical marijuana dispensaries shall not store more than $200.00 in cash overnight on the premises.

h.

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

i.

No signs, advertising, or any other advertising matter used in connection with the medical marijuana dispensary shall be of an offensive nature and shall in no way be contrary to the City Code or obstruct the view of the interior of the premises viewed from the outside.

L.

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

1.

This use shall 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 shall be measured in a straight line from the property line of the tobacco oriented retailer use to the nearest property line of the other listed uses.

3.2.4.

Industrial Uses.

A.

Building Materials Sales, Indoor Retail. In the CMU and C2 Districts, the maximum size of this use should be limited to 50,000 square feet.

B.

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 uses.

C.

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

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 04-11, § 4, 2-15-2011; Ord. No. 14-15, § 1, 7-7-2015; Ord. No. 18-17, § 2, 7-5-2017; Ord. No. 25-17, § 1(Att. § 2), 12-19-2017; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

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 shall be deemed to include those accessory uses, structures, and activities typically associated with the use, unless specifically prohibited in this Development Code. 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 shall be subject to the standards in Section 3.3, 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 shall comply with the following general standards:

A.

Compliance with this Development Code.

1.

All accessory uses and structures shall be 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.

2.

Accessory uses shall comply with all standards of this Development Code applicable to the principal use with which they are associated. Parking requirements shall be met for both the principal use and any accessory use.

B.

Location. 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 Director.

Open accessory structures with no walls such as trellises, pergolas, and patio covers shall have no separation from the site's principal structure. All other accessory structures shall be separated eight feet from the site's principal structure.

When located to the rear of the primary structure, accessory buildings need not comply with the side or rear setback lines applicable to the primary structure provided that the accessory building is not located closer than three feet from any property line. This side and rear yard setback shall be five feet for accessory structures which exceed ten feet in height. Accessory structures with vehicle entrances which directly face an alley shall 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 shall not exceed the height of the lot's primary structure, with the exception of the following:

a.

A detached RV garage can exceed the height of the principal structure, but shall not exceed 22 feet in height.

3.

Within the Single-Family R1-43 and Agricultural (AG) Districts, accessory structures shall be exempt from the maximum area and be limited to a maximum height of 22 feet and together with the primary structure, comply with the applicable lot coverage requirements established by this Development Code.

D.

Same Ownership Required. The principal use and the accessory use shall be under the same ownership.

E.

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

F.

Architectural Character. Accessory structures 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 and Agricultural (AG) Districts, accessory structures shall be exempt from architectural character requirements except that structure color shall compliment 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 shall be permitted as an accessory use subject to the following standards:

1.

Districts Allowed. Accessory dwelling units shall be allowed as accessory uses to principal residential uses in the following districts: R1-43, R1-18, R1-10, R1-6, and R1-3.

2.

Where Permitted on Lot. A permitted accessory dwelling unit shall comply with all applicable site and building design, access, and other standards for principal dwelling units in the zoning district in which the accessory dwelling unit will be located. No detached accessory dwelling unit may be located within ten feet of the principal structure. Mobile homes, industrialized housing, recreational vehicles, travel trailers, and any other wheeled or transportable structure shall not be used as accessory dwelling units.

3.

Size of Accessory Dwelling Unit. An accessory dwelling unit shall contain private sanitary facilities with hot and cold running water and cooking (range, oven) and food storage (full-size refrigerator/freezer) facilities. The accessory dwelling unit height will not exceed the height of the primary structure. Agricultural uses such as barns and silos are exempt from this provision.

4.

Utilities. The accessory dwelling unit shall not have separate utility services unless the public utility determines that a separate meter is required for safety reasons.

5.

Limit on Number. There shall be no more than one accessory dwelling unit on a lot in addition to the principal single-family dwelling.

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 Districts, domesticated farm animals may only be kept on lots at least one-half acre in size or larger. Such animals shall be kept for only non-commercial purposes benefiting the residents of the subject property.

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 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 or persons providing the business or service shall reside in the dwelling on the premises. The home occupation shall 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 pursuant to Section 5.6, Off-Street Parking, of this Development Code.

c.

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

d.

There shall be no advertising devices on the property, or other signs of the home occupation, that are visible from outside the dwelling or accessory building.

e.

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.

f.

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

g.

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

h.

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

i.

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, shall not be 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); 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 shall require approval of the Director and may be subject to appropriate conditions by the Director 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 shall be 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 under Chapter 9, Section 19-5, Encroachment Permit for Sidewalk Furniture (Class 2 Permit).

E.

Outdoor Storage. Outdoor storage is a permitted accessory use in the I-2 Zoning District without restriction. In the C-3, BP, and I-1 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 industrial or 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.

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 primary structure. 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.

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.

F.

Outdoor Storage (Vehicles).

1.

Residential. Outdoor storage of vehicles, trucks, and recreational vehicles may be 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 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. Driveways leading to an RV garage shall include a paver driveway or stained concrete.

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 the zoning ordinance.

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.

Nonresidential. Outdoor storage of vehicles and equipment may be allowed as an accessory use in General Commerce (GC), Regional Commercial (C-3), Light Industrial (I-1), and Heavy Industrial (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.

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.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 07-12, §§ 1, 2, 3-20-2012; Ord. No. 18-17, §§ 3, 4, 7-5-2017; Ord. No. 25-17, § 1(Att. § 3), 12-19-2017; Ord. No. 09-18, § 2(Att. § 3.3), 3-6-2018; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

3.4.1.

Purpose. This section allows for the establishment of certain temporary uses, provided that a Temporary Use Permit, 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) shall only be allowed commencing from one week prior to the event and 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, which 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.

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 non-residential 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.

C.

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 Temporary Use Permit. Display of products need not comply with the yard and setback requirements of this Development Code provided that no display shall be located within an area restricted by the vision clearance area requirements of this Code or Engineering Design Standards.

D.

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 SF-43 Districts. Additional right-of-way permits and/or business licensing may be required.

E.

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.

F.

Yard Sales, Temporary. Yard sales in agricultural and residential zones are permitted on any property where residential use is the principal use and do not require the issuance of a Temporary Use Permit under Section 3.4.4, Temporary Use Permits, unless the length or frequency of the yard sale exceeds that exempt under Section 3.4.4 B, 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 Temporary Use Permit under Section 3.4.4, Temporary Use Permits. No yard sale may exceed 72 hours in any 30-day period.

G.

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 shall 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 shall be located entirely on private property on a paved or approved dust-free surface. Food trucks on public property shall be governed by the Buckeye City Code and applicable state law.

3.

Food trucks shall not be located within 250 feet of residential zoned property.

a.

Catering service as defined by this Code shall not be subject to the limitation of this subsection.

b.

Assembly uses or non-residential uses that contain an on-site parking lot such as parks, libraries, and schools, shall not be 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 special event.

5.

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

6.

Food truck shall be licensed in accordance with City of Buckeye license requirements.

H.

Other Temporary Uses. The Director or their designee 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 Development 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 5.11.5, 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 applicant or operator 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.

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.

I.

All temporary vehicles/structures/tents shall not exceed the maximum height allowed in the zoning district in which the temporary use is located.

3.4.4.

Temporary Use Permits.

A.

Permit Required. All temporary uses and structures shall obtain a Temporary Use Permit pursuant to the procedures set forth in Section 8.10, Temporary Use Permits, of this Development Code.

B.

Permit Exemptions. Notwithstanding Subsections 3.4.2 and 3.4.3, the following temporary uses are deemed approved in any district and do not have to obtain a Temporary Use Permit, provided that the proposed temporary use complies with the requirements in Subsections 3.4.2 and 3.4.3:

1.

Events and temporary uses utilizing city property, public streets, or public rights-of-way, provided that the applicant shall coordinate with Community Services, Public Works, the Buckeye Police and Fire Departments, and comply with any conditions required by those departments. In addition, such events shall comply with the following:

a.

Lighting and sound equipment shall be directed away from adjacent residential uses;

b.

All temporary vehicles/structures/tents shall be located at least 50 feet from a residential use and not exceed 14 feet in height; and

c.

Driveways, sidewalks, streets, or parking areas shall not be blocked or their function impeded. Provisions shall be made to provide for the safe and efficient flow of traffic during the event.

2.

Up to seven, 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, such as block parties, 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 conjunction with a construction permit. The structure is to 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;

7.

Food trucks; and

8.

Temporary office space for construction and security personnel.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 11-20, § 3, 8-18-2020; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 36-22, § 3(Att.), 12-20-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

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 use types include, but are not limited to:

1.

Dwelling, Duplex. A dwelling designed for or used by two families living independently of each other in separate units.

2.

Dwelling, Multi-Family. A dwelling designed for independent occupancy by three or more families in separate units.

3.

Dwelling, Single-Family Detached. A dwelling designed for or used by one family and having no walls in common with adjoining dwellings.

4.

Dwelling, Single-Family Flex. A dwelling within a Single-Family Flex development to be used by one family and may have walls in common and join adjacent dwellings or may be detached. The intent is to provide attainable housing.

5.

Dwelling, Manufactured Home (Modular 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 built on or after June 15, 1976, in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974 and Title VI of the Housing and Development Services Act of 1974.

6.

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 accordance 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 home constructed prior to 1976 is prohibited.

7.

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

8.

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.

9.

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.

10.

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.

11.

Townhome/Townhouse. A type of dwelling unit which is attached to at least one other dwelling unit. The dwelling units may be attached at a property line or they may be multiple units on a single lot. There is no vertical overlap of any dwelling units.

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 use types include, but are not limited to:

1.

Assisted Living, Residential. 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 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 shall not apply to residential assisted living homes, group homes, or group recovery homes separated by arterial roads.

2.

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 for more than ten persons.

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. The occupancy of one or two bedrooms for compensation shall not be 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 Arizona State Department of Health Services that provides residence and treatment for more than six, but no more than ten persons who are mentally and/or physically handicapped. 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 shall not apply to residential assisted living homes, group homes, or group recovery homes separated by arterial roads.

5.

Group Recovery Home. A residential facility licensed by the Arizona State Department of Health Services which provides residence and 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. 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 shall not apply to residential assisted living homes, group homes, or group recovery homes separated by arterial roads.

6.

Nursing Home. A health care facility, other than a hospital, licensed by the Arizona State Department of Health Services, 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.

Senior Housing. Senior housing is typically one- and two-bedroom apartments or condominiums designed to meet the needs of restricted ages. Senior housing is typically occupied by persons 62 years of age and older or, if more than 150 units, persons 55 years of age and older.

8.

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.

9.

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 use types include, but are not limited to:

1.

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.

2.

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, such cemetery.

3.

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.

4.

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.

5.

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.

6.

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.

7.

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.

8.

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.

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 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.

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 use types include, but are not limited to:

1.

Day Care, Commercial. An establishment licensed by the Arizona State Department of Health Services 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 Arizona State Department of Health Services 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.

D.

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 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.

E.

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 use types include, but are not limited to:

1.

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.

2.

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.

F.

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 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.

G.

Telecommunication Facility. Telecommunications 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 use types include, but are not limited to:

1.

Tower (Including any Facility with a Tower). A structure in a fixed location used as an antenna or to support antennas for the primary purpose of transmitting and/or receiving electronic signals. This use includes wireless communication facilities with towers. This definition also includes non-residential broadcast, communication, transmission, and similar towers, either freestanding or attached to an adjacent broadcasting or transmitting facility.

2.

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.

3.

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

4.

Stealth Monopole. A monopole that is disguised or camouflaged with a design that replicates vegetation (such as shaped like a palm tree, pine tree or cactus), flag pole, bell tower, church spire or architecturally integrated into an existing structure.

5.

Transmitting Station (No Tower). Any facility utilized for the transmission of broadcast information but without a transmission tower. This use includes wireless communication facilities without towers.

6.

Wireless Communication Facility (WCF). A facility that sends and/or receives wireless communication signals, including but limited to, antennas, microwave dishes, antenna structures, towers, equipment enclosures and the land upon which they are all situated. Wireless communications facilities can be concealed, disguised or visible.

7.

Wireless Communication Facility, Cell on Wheels (COW). A portable self-contained cell site that can be moved to a location and set up to provide personal wireless services on a temporary or emergency basis. A COW is normally vehicle mounted and contains a telescoping boom as the antenna support structure.

8.

Wireless Communication Facility, Co-Location. The act of siting multiple wireless communications providers in the same location and on the same support structure. Collocation also means locating one or more additional wireless communications facilities on a structure designed for a different purpose such as, but not limited to, buildings, water tanks, towers, flagpoles or utility poles without need to construct a new support structure.

H.

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 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.

I.

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.

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.

2.

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.

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, but they can also be combinations of light reflectors, concentrators, and heat exchangers. A solar generation station is also known as a solar plant, solar generation plant, solar farm, concentrated solar power plant, solar power plant, or solar thermal power plat (if non-photovoltaic).

4.

Water Treatment Plant. A water treatment plant is a facility that processes (or treats) water to make it potable.

3.5.4.

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 of farm products and parking of equipment. Specific 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 non-commercial raising of crop 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.

6.

Roadside Stand. A temporary structure for the seasonal retail sale of locally grown food products such as fruits and vegetables.

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 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 shall be dogs, cats, miniature pigs, or any combination thereof.

5.

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.

C.

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 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.

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.

3.

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.

4.

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 as adjunct facilities, a private club and dining room, swimming pool, tennis courts and similar service and recreation facilities.

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 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 shall 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.

Check-Cashing Facilities. Any person(s) or establishment engaged in the business of cashing checks or accepting deferred deposits for a fee, service charge, or other consideration. 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 use types include, but are not limited to:

1.

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.

2.

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.

3.

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

4.

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

5.

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.

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.

Nightclub. A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and musical entertainments are permitted.

8.

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.

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.

10.

Restaurant with Drive-Through/No On-Site Dining/Drinking. A retail food or drink establishment that only provides service from a drive-through or walk up window.

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 use types include, but are not limited to:

1.

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.

2.

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.

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 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 shall not include miniature golf courses as a principal or accessory use, nor shall it include driving ranges that are not accessory to a golf course, nor shall it include 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 shall 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 plot or parcel 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 plot or parcel 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.

H.

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 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 shall include 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 draw 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.

Movie Theater. An indoor theater for the showing of motion pictures.

I.

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 use types include, but are not limited to:

1.

Dry Cleaning and Laundry Service. An establishment where laundry or dry cleaning is dropped off by customers or picked up by customers and that also includes on-site laundry and/or cleaning activities, including related operation of equipment and machinery. Establishments 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.

J.

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 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.

Convenience Store with Gas Sales. An establishment with a gross floor area of less than 5,000 square feet 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.

3.

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

4.

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.

5.

Large Retail. A building that meets the definition of "general retail" and is 75,000 square feet or greater, but not including a building materials sales establishment.

6.

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

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, or partly enclosed booths or stalls not within a wholly enclosed building. This definition does not include retail sidewalk sales or garage sales.

9.

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

10.

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 shall 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.

K.

Vehicles and Equipment. 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 use types include, but are not limited to:

1.

Boat, RV Storage. A facility where boats and/or recreational vehicles are stored outside for 72 hours or more.

2.

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

3.

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.

4.

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.

5.

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.

6.

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.

7.

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.

8.

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.

9.

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.

10.

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.

11.

Vehicle Storage. Storage of operable vehicles on a commercial basis; provided, however, that such vehicle storage shall not include junk and salvage yards or storage of abandoned vehicles.

L.

Visitor Accommodation. For-profit facilities where lodging, meals, and the like are provided to transient visitors and guests for a defined period. Specific 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.

M.

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 use types include, but are not limited to:

1.

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.

2.

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.

3.

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.

4.

Drilling Company, With 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 included in this definition.

5.

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.

6.

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.

N.

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 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.

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.

3.

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.

O.

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 use types include, but are not limited to:

1.

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.

2.

Mini-Storage, Outdoor. 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 which allows outdoor access to storage units.

3.

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

4.

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.

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.

Warehouse. A structure containing an area available for the purpose of storing raw materials, goods, or property. Such storage may include heavy equipment and machinery, and incidental minor repairs to the equipment or machinery.

7.

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.

8.

Storage Warehouse. A storage warehouse is a facility that stores furniture, household goods, or other commercial or industrial items, including heavy equipment and machinery, materials or products.

9.

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 shall not include heavy manufacturing, resource extraction, bulk storage of hazardous materials, or scrap or salvage operations.

P.

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 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.

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.

3.

Recycling Center, Indoor. 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 no operations or storage take place outside of an enclosed building. This facility is not a junkyard or salvage yard.

4.

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.

Q.

Medical Marijuana Uses. (See Section 3.2.3 K for applicable use specific regulations).

1.

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

2.

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

3.

Medical Marijuana Cultivation Location. Any facility, building, or location that grows, cultivates or processes medical marijuana, including, but not limited to the following: (i) a medical marijuana dispensary that cultivates medical marijuana on its site; (ii) the one additional location, if any, duly identified pursuant to 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; (iii) any location for the cultivation of marijuana by a qualifying patient or designated caregiver permitted under A.R.S. § 36-2801 et seq.; and (iv) includes a facility that incorporates or processes medical marijuana into a consumable or edible product.

3.5.5.

Accessory Uses.

A.

Accessory Dwelling Unit. A dwelling unit that is secondary to the principal single household dwelling unit in terms of gross floor area, intensity of use, and physical character, but which has kitchen and bath facilities separate from the principal dwelling and a separate entrance. Accessory dwelling units share the same utility meter as the principal dwelling unit. Accessory dwelling units are also known as a granny flat, mother-in-law apartment, or carriage house.

B.

Home Occupation. A commercial activity conducted entirely within a dwelling or accessory structure (in a Residential Zoning District) that can be conducted without any significantly adverse impact on the surrounding neighborhood.

1.

Day Care, Home Occupation. A permanent residential unit where an occupant provides day care and supervision for no more than five children or adults not residing in the household, whether or not for compensation. The following uses are not a home occupation day care use: group home; group recovery home; shelter care facility; shelter care facility, and homeless shelter and day care, home occupation.

2.

Foster Home, Home Occupation. A home maintained by any individual(s) having the care or control of no more than five minor children, other than those related to each other by blood or marriage, or related to such individuals, or who are legal wards of such individuals which is licensed by the appropriate government agency.

(Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)