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Buckeye City Zoning Code

ARTICLE 7

- REVIEW AND DECISION-MAKING BODIES

7.1. - PURPOSE

This Article identifies the roles, duties, and responsibilities of elected officials, commissions and other bodies, and City staff in the administration of this Development Code.

(Ord. No. 28-25, § 3, 10-21-2025)

7.2. - APPOINTED DECISION-MAKING BODIES GENERALLY

7.2.1.

Appointment and Confirmation. Appointments to commissions and other bodies within the scope of this Development Code shall be made and confirmed by the City Council in accordance with the rules adopted by the City Council.

7.2.2.

Conduct of Appointed Bodies. All appointed commissions and other bodies with review and/or decision-making responsibilities under this Development Code shall comply with applicable laws, rules adopted by the City Council, and any applicable bylaws.

(Ord. No. 28-25, § 3, 10-21-2025)

7.3. - CITY COUNCIL

7.3.1.

Review and Decision-Making Responsibilities. For purposes of administering and enforcing this Development Code, the Buckeye City Council shall have the review and decision-making responsibilities set forth in Table 8.1-1.

7.3.2.

Other Powers and Duties. In addition, the City Council shall have the following powers and duties relating to the administration of this Development Code.

A.

Adopt policies, plans, design guidelines, and ordinances to implement the municipal function of planning for the economic, social, and land use needs of the community;

B.

Promulgate regulations to implement, interpret, or make specific the provisions of this Development Code;

C.

Act as the Board of Adjustment for purposes of administering this Development Code, until a separate Board of Adjustment is appointed;

D.

Take any other action not delegated to the Planning and Zoning Commission, the Zoning Administrator, or City staff as the City Council may deem desirable and necessary to implement the provisions of this Development Code;

E.

Make final determinations in cases of conflicting regulations between this Development Code and other provisions of the City Code and City regulations; and

F.

After review of the Zoning Administrator's recommendation, amend, repeal, or issue a binding waiver of any provision of this Development Code as applied to property that is the subject of a written demand for compensation under A.R.S. § 12-1134 et seq. The City Council may also approve an agreement with the property owner awarding compensation in lieu of amending, repealing, or issuing a waiver. Any waiver issued under this subsection shall be recorded in the real property records of Maricopa County.

(Ord. No. 28-25, § 3, 10-21-2025)

7.4. - PLANNING AND ZONING COMMISSION

7.4.1.

Review and Decision-Making Responsibilities. There shall be a Planning and Zoning Commission, which shall have the powers and duties set forth in Table 8.1-1, to be carried out in accordance with the terms of this Development Code.

7.4.2.

Other Powers and Duties. In addition, the Planning and Zoning Commission shall have the following powers and duties to be carried out in accordance with the terms of this Development Code:

A.

Develop, review, and make recommendations to the City Council regarding policies, plans, and ordinances to implement the municipal function of planning for the economic, social, and land use needs of the community;

B.

Serve as the Hearing Officer for the purpose of hearing and deciding Variances from the requirements of this Development Code; and

C.

Exercise such other powers and perform such other duties as are provided by law and directed by the City Council.

7.4.3.

Appointments, Membership, and Rules. Planning and Zoning Commission appointments, memberships, and rules shall be as set forth in Chapter 2 of the City Code, Council-adopted rules, and the Planning and Zoning Commission bylaws.

(Ord. No. 28-25, § 3, 10-21-2025)

7.5. - BOARD OF ADJUSTMENT

7.5.1.

Review and Decision-Making Responsibilities. There shall be a Board of Adjustment ("board"), which shall have the powers and duties set forth in Table 8.1-1, to be carried out in accordance with the terms of this Development Code.

7.5.2.

Appointments, Membership, and Rules. The City Council shall serve as the board. Should the City Council choose to appoint and create a stand-alone board, the following shall apply:

A.

The board shall be composed of a total of five regular members and two alternate members, all of whom shall be residents of the City. The members of the board shall be appointed by the City Council. Alternate members shall only take part in those hearings where a regular member is absent and when appointed to do so by the chair. No more than five members at any one time shall participate in proceedings of the board or the rendering of a decision.

B.

Appointments to the board shall be for staggered four-year terms.

C.

Vacancies on the board shall be filled by the City Council, for the unexpired term of any member whose term becomes vacant.

D.

The board shall annually elect a chairperson and vice chairperson from among its members. The chairperson and vice chairperson shall each serve for one year and until their successors are elected and qualified. The chairperson is authorized to administer oaths and take evidence.

7.5.3.

Records. Minutes of the board's proceedings showing the vote of each member and records of its examinations and other official actions shall be filed in the Development Services Department as a public record.

(Ord. No. 28-25, § 3, 10-21-2025)

7.6. - ZONING ADMINISTRATOR

7.6.1.

Review and Decision-Making Responsibilities. The Deputy Director of Planning shall be the Zoning Administrator for purposes of A.R.S. § 9-462.05.C and shall have general responsibility for administering and enforcing the provisions of this Development Code. In addition, the Zoning Administrator shall have the review and decision-making responsibilities set forth in Table 8.1-1, to be carried out in accordance with the terms of this Development Code. In performing such review and decision-making responsibilities, the Zoning Administrator may delegate such duties to Department staff as the Zoning Administrator deems appropriate. The Zoning Administrator also shall have such additional powers and duties as may be set forth elsewhere in this Development Code and the City Code.

7.6.2.

Development Services Department.

A.

Department staff shall act in an advisory and support capacity to the City Council, the Planning and Zoning Commission, and any other bodies listed in this Article 7, or as otherwise directed by the City Council or City Manager. Department staff shall review or coordinate the review of all applications under this Development Code.

B.

For any decision rendered by the Planning and Zoning Commission, the Zoning Administrator, the Hearing Officer, or any other board governed by this Article 7, the Zoning Administrator shall be responsible for preparing the findings required by subsection 8.2.7, Decisions and Findings, of this Development Code.

(Ord. No. 28-25, § 3, 10-21-2025)