8.1.1.

Purpose. This article describes the procedures for review and approval of applications for development in the City of Buckeye. This article is intended to ensure consistency and efficiency in the administration of the city's land use regulations. Detailed steps are provided in separate process guides for additional direction and clarity.

8.1.2.

Organization of Article. Common procedures, which are applicable to most types of development applications, are in Section 8.2, Common Development Review Procedures. Subsequent sections include additional provisions that are unique to each type of application, including staff and review board assignments and approval criteria.

8.1.3.

Summary Table. Table 8.1-1 summarizes the review and decision-making responsibilities for the procedures described in this article. The table is a summary tool and does not describe all possible types of decisions made under this Development Code. Other duties and responsibilities are described in Article 7, Review and Decision-Making Bodies.

8.1.4.

Other Reviews. In addition to the reviews summarized in Table 8.1-1, the Director or their designee may also refer applications to other boards, commissions, government agencies, and non-governmental agencies not referenced in this article and/or in Article 7, Review and Decision-Making Bodies.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 03-15, § 2(Att.), 3-17-2015; Ord. No. 19-15, § 2(Att.), 12-1-2015; Ord. No. 25-17, § 1(Att. § 7), 12-19-2017; Ord. No. 11-20, § 3, 8-18-2020; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

The common development review procedures in Section 8.2 shall apply to development applications under Article 8, unless an exception to the common procedures is expressly identified.

8.2.1.

Step 1: Pre-Application Conference.

A.

Purpose. The purpose of a pre-application conference is to provide an opportunity for an informal evaluation of the applicant's proposal and to familiarize the applicant with the applicable provisions of this Development Code, the City's General Plan, infrastructure requirements, and any other issues that may affect the applicant's proposal.

B.

Applicability.

1.

Required for Certain Applications. A pre-application conference is required prior to the following types of applications, unless otherwise waived by the Director or their designee:

a.

Amendment to the General Plan;

b.

Amendment to the Zoning Map (rezonings);

c.

Community Master or Planned Area Development plan;

d.

Single-Family Flex;

e.

Conditional Use Permit; and

f.

Subdivision: preliminary plat.

The pre-application conference must take place prior to any substantial investment, such as detailed site and engineering design.

2.

Optional for All Other Applications. A pre-application conference is optional prior to submission of any other application under this Development Code not listed above.

C.

Initiation of Pre-Application Conference. The potential applicant shall request in writing a pre-application conference with the Director or their designee and pay the required fees. With the request for a pre-application conference, the applicant shall provide to the Director or their designee a description of the character, location, and magnitude of the proposed development and any other available supporting materials, such as maps, drawings, or models. It is the applicant's responsibility to provide sufficiently detailed plans and descriptions of the proposal for staff to make the informal recommendations discussed below. The materials should be submitted at least ten business days before the conference.

D.

Pre-Application Conference Content. The Director or their designee shall schedule a pre-application conference after staff verify a complete application submittal. At the conference, the applicant, city staff, and any other persons the Director or their designee deems appropriate to attend, shall discuss the proposed development. Based upon the information provided by the applicant the parties will discuss in general the proposed development, the applicable requirements and standards of adopted codes and ordinances, and conditions that may need to be addressed.

E.

Comments From Pre-Application Conference. Development services department staff shall forward all comments received to the applicant within ten business days of the conference.

F.

Informal Evaluation Not Binding. The pre-application review and feedback notes serve only as a guide to the applicant in making the application and to advise the applicant in advance of the formal application of issues that may be present and need to be addressed.

G.

Waiver. The Director or their designee may waive the pre-application conference requirement for applications if he or she finds that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development clearly, in his or her opinion, support such waiver.

H.

Application Required Within One Year. After a pre-application conference has been completed, the associated application must be completed within one year, or sooner if required by the Director or their designee due to changing conditions. If an application is not filed within such time frame, a new pre-application conference may be required prior to filing an application.

8.2.2.

Step 2: Neighborhood Meeting.

A.

Purpose. The purpose of a neighborhood meeting is to provide an opportunity to inform the residents and landowners of the surrounding neighborhood(s) of the details of a proposed development and application, how the applicant intends to meet the standards contained in this Development Code, and to receive public comment and encourage dialogue at an early time in the review process. No decision regarding the application will be made at the neighborhood meeting.

B.

Applicability. A neighborhood meeting is recommended for any development proposal that will be subject to Planning and Zoning Commission review. The neighborhood meeting is optional unless expressly stated otherwise in this Article 8 or required by the Director or their designee.

C.

Notice of Neighborhood Meeting. The applicant shall notify the Development Services Department in writing of the meeting date, time, and location no less than 14 days prior to the scheduled date of the meeting, if the meeting was required to be held by the Director or their designee or this Development Code. An affidavit certifying that the applicant completed the notice procedures under step 6 shall be included with the development application submittal.

D.

Attendance at Neighborhood Meeting. The applicant shall be responsible for scheduling the meeting, coordinating the meeting, and for retaining an independent facilitator if needed.

E.

Summary of Neighborhood Meeting. The applicant shall prepare and deliver a written summary of the neighborhood meeting to the Development Services Department within 30 days of the date of the meeting.

8.2.3.

Step 3: Development Application Submittal.

A.

Form of Application. Applications required under this article shall be submitted in a form and in such number as required by the Director or their designee.

B.

Consolidated Development Applications and Review. Multiple development applications for the same development proposal may be consolidated for submittal and review, if authorized by the Director or their designee.

C.

Authority to File Applications.

1.

Unless otherwise specified in this Development Code, applications for review and approval may be initiated by:

a.

The owner of the property that is the subject of the application;

b.

The owner's authorized agent; or

c.

Any review or decision-making body.

2.

When an authorized agent files an application under this Development Code on behalf of a property owner, the agent shall provide the Development Services Department with written documentation that the owner of the property has authorized the filing of the application.

D.

Development Review Fees.

1.

Recovery of Costs. The applicable development review fees shall be paid at the time of submittal of any development application.

2.

Development Review Fee Schedule. The amount of the city's development review fees shall be established by the City Council and shall be based on the actual expenses incurred by or on behalf of the city.

E.

Waivers. The Director or their designee may waive submittal requirements where he or she finds that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development clearly, in his or her opinion, support such waiver.

F.

Additional Information. Additional application-specific information, beyond that specified in the application packet, may be required as necessary and appropriate to evaluate fully whether an application complies with the requirements of adopted codes and ordinances.

G.

Citizen Participation Plan.

1.

Every application that requires a neighborhood meeting shall include a Citizen Participation Plan that must be implemented prior to the first public hearing. Refer to the Citizen Participation Plan for an explanation of the purpose and more detailed information.

2.

The Citizen Participation Plan is not intended to produce complete consensus on all applications, but to encourage applicants to be good neighbors and to allow for informed decision making.

3.

The Citizen Participation Plan shall be submitted with the project application.

These requirements apply in addition to any notice provision required elsewhere in this Development Code.

3.

Failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the municipality for which the notice was given.

4.

Submittal of a Citizen Participation Plan shall not occur until after the required pre-application meeting and consultation with the Planning Department staff. Applicants are encouraged to engage in early communication with the public.

H.

Citizen Participation Report. This section applies only when a Citizen Participation Plan is required by this Development Code.

The applicant shall provide a written report on the result of their citizen participation effort prior to the notice of public hearing. This report will be attached to the Planning Department's Staff Report.

8.2.4.

Step 4: Determination of Application Administrative Completeness.

A.

After receipt of the required development application materials, the Director shall determine whether the application is administratively complete and ready for review. For rezoning applications (Section 8.5. Amendments to the Zoning Map (Rezonings), the Director shall determine whether a zoning application is administratively complete within 30 days after receiving the application.

B.

If the application is determined to be administratively complete, the application shall then be processed according to the procedures set forth in this Development Code.

C.

If an application is determined to be administratively incomplete, the Director shall provide notice to the applicant with a comprehensive list of the specific deficiencies in writing or electronically. No further processing of an incomplete application shall occur until the deficiencies are corrected in a resubmittal.

D.

The Director shall determine if a re-submitted application is administratively complete within 15 days of resubmittal. The Director shall follow the procedures prescribed in A.R.S. § 9-853.E. until the incomplete application is deemed to be administratively completed.

E.

If any false or misleading information is submitted or supplied by an applicant on an application, that application will be deemed void and a new application must be submitted.

8.2.5.

Step 5: Application Review. After determining that a development application is administratively complete, the Director shall refer the development application to the appropriate review agencies and planning staff, substantively review the development application, and shall act upon the application to approve, approve with conditions, or deny the development application. Conditions for approval may be recommended to eliminate any areas of noncompliance or mitigate any adverse effects of the development proposal.

8.2.6.

Step 6: Notice.

A.

Content of Notices. Notice of all public hearings required under this article shall, unless otherwise specified in this Development Code: (1) identify the date, time, and place of the public hearing; (2) if applicable, describe the property involved in the application by street address, or legal description, or a general description and nearest cross streets; (3) describe the nature, scope, and purpose of the proposed action; (4) indicate that interested parties may appear at the hearing and speak on the matter; and (5) indicate where additional information on the matter may be obtained. If the matter to be considered applies to territory in a high noise or accident potential zone as defined under state law, the notice shall include a general statement that the matter applies to property located in such an area.

B.

Summary of Notice Requirements. The following Table 8.2-1 summarizes the notice requirements of the procedures in this article.

C.

Mailed Notice. When Table 8.2-1 requires that mailed notice be provided, the applicant shall provide the Director or their designee with a current list of applicable property owners and organizations as listed below. The applicant shall deposit notices into first-class mail at least 15 days prior to the scheduled date of the hearing. Written notice shall be provided by the applicant to all persons listed on the records of the county assessor as owners of land subject to the application or as owners of the parcels within 300 feet of the outer boundary of the land subject to the application. For any rezoning of an area greater than 20 acres, General Plan Amendments, and CMPs or PADs, the 300-foot requirement shall be 500 feet. The applicant shall provide a written "Affidavit of Mailing" to the Development Services Department certifying that all required notices were timely mailed.

D.

Published Notice.

1.

If published notice is required by Table 8.2-1, the applicant shall publish notice in a newspaper of general circulation in the area. The notice shall be published at least 15, but no more than 45, days before the scheduled hearing date. An affidavit of publication provided by the newspaper shall be obtained by the applicant and given to the Development Services Department for their records.

2.

If any application, proposed amendment, or proposed Minor Modification involves one or more of the following proposed changes or related series of changes:

a.

A ten percent or more increase or decrease in the number of square feet or units that may be developed;

b.

A ten percent or more increase or reduction in the allowable height of buildings;

c.

An increase or reduction in the allowable number of stories of buildings;

d.

A ten percent or more increase or decrease in setback or open space requirements; and/or

e.

An increase or reduction in permitted uses.

3.

The city shall provide notice in accordance with A.R.S. § 9-462.04 via one of the following methods, as per the Director's or their designee's discretion:

a.

Notice shall be sent by first class mail to each real property, as shown on the last assessment, whose real property is directly governed by the changes, or;

b.

Notices shall be included as inserts within utility bills or other mass mailings that periodically include notices or other informational or advertising materials, or;

c.

The city shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation in the city. The changes shall be published in a "display ad" covering not less than one-eighth of a full page.

E.

Posted Notice. Posted notice, if required by Table 8.2-1, shall be provided in the following manner: there shall be posting of at least two signs on the lot, parcel, or tract of land that is the subject of the application or proposed action by the city, and such signs shall remain on the property for a period of at least 15 days prior to the public hearing. All signs shall be removed no later than ten days after the expiration of the above period. The applicant shall maintain the sign in good condition throughout the required posting period. The sign shall be posted in a prominent place, clearly visible from a major arterial street if the property abuts such an arterial street, or clearly visible from a collector street if the property abuts a collector street, or clearly visible to the most heavily traveled street or public way if the property does not abut an arterial or collector street.

F.

Constructive Notice. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties.

8.2.7.

Step 7: Decision and Findings.

A.

Decision. After consideration of the application, the staff report, comments received from other reviewers (if applicable), and the evidence from the public hearing (if applicable), the decision-maker shall approve, approve with conditions, or deny the application based on its compliance with the applicable approval criteria. Written notification of the decision shall be provided by the Director or their designee to the applicant.

8.2.8.

Step 8: Conditions of Approval. The decision-maker may impose such conditions on the approval of the application as may be necessary to reduce or minimize any potential adverse impact upon other property in the area, or to carry out the purpose and intent of the General Plan and this Development Code. No conditions of approval, except for those attached to Variances or Minor Modification approvals, shall be less restrictive than the requirements of this Development Code.

8.2.9.

Step 9: Lapse. If applicable, the lapse of approval time frames established by the procedures of this Development Code may be extended only when all of the following conditions exist:

A.

The provisions of this Development Code must expressly allow the extension;

B.

An extension request must be filed prior to the applicable lapse-of-approval deadline;

C.

The extension request must be in writing and include justification; and

D.

Unless otherwise noted, authority to grant extensions of time shall rest with the decision-making body that granted the original approval (the one being extended).

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 14-14, § 1, 12-2-2014; Ord. No. 03-15, § 2(Att.), 3-17-2015; Ord. No. 19-15, § 2(Att.), 12-1-2015; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024; Ord. No. 30-24, § 3, 12-17-2024)

8.3.1.

Purpose. Several types of plan amendments are addressed in this section.

A.

General Plan Updates. The General Plan shall be reviewed and reassessed regularly in order to evaluate its effectiveness and adequacy in guiding the growth of the city and to determine whether the plan continues to meet the city's long-term planning needs. The Director or their designee shall initiate a full review of the General Plan at least once every ten years, preferably following the decennial census.

B.

Major Amendments to the General Plan. For purposes of this Section 8.3, the term "Major Amendment" means any substantial alteration of the city's land use composition or relationships as established in the General Plan's land use element. The General Plan contains the criteria for determining whether a proposed amendment constitutes a Major Amendment.

C.

Specific Area Plan Amendments. The procedure in Section 8.3 is also applicable to the amendment of a Specific Area Plan.

8.3.2.

Procedure. The common development review procedures of Section 8.2 shall apply, with modifications as noted below.

A.

Notice. Mailed, published, and posted notice required at least 60 days before a General Plan update or Major Amendment of a General Plan is noticed pursuant to this subsection.

B.

Public Hearings. For Major Amendments, two public hearings at separate locations within the city shall be held by the Planning and Zoning Commission and one public hearing shall be held by the City Council. Minor Amendments will require a single Planning and Zoning Commission public hearing and a single City Council public hearing. All proposed Major Amendments shall be presented at a single public hearing during the calendar year in which the proposal is made.

C.

Decision and Findings. The following additional procedures shall apply:

1.

Review and Recommendation by Planning and Zoning Commission. The Planning and Zoning Commission shall recommend that the City Council approve, approve with modifications, or deny the General Plan Amendment. The Director or their designee shall forward the Planning and Zoning Commission's recommendation to the City Council with a resolution to amend the General Plan in accordance with the recommendation.

2.

Action by City Council. Within 90 days of the City Council public hearing on the proposed plan amendment, the City Council shall, approve, approve with modifications, or deny the amendment, or refer the application back to the Planning and Zoning Commission or to a committee of the City Council for further consideration. The adoption of a Major Amendment to the General Plan shall require approval by at least two-thirds of the members of the City Council. If approved, a copy of the amended General Plan shall be sent to the Maricopa County Planning Agency.

D.

Approval Criteria. Proposals for amendments to the General Plan shall be evaluated based upon whether the amendment is necessary in order to address the following:

1.

A change in projections or assumptions from those on which the General Plan is based; or

2.

Identification of new issues, needs, or opportunities that are not adequately addressed in the General Plan; or

3.

A change in the policies, objectives, principles, or standards governing the physical development of the city; or

4.

Identification of errors or omissions in the General Plan.

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

8.4.1.

Purpose. The purpose of text amendments is to make adjustments to the text of this Development Code that are necessary in light of changed conditions or changes in public policy, or that are necessary to advance the general welfare of the city.

8.4.2.

Applicability. The City Council may, after recommendation of the Planning and Zoning Commission, adopt an ordinance amending the text of this Development Code in accordance with the requirements of this Section 8.4.

8.4.3.

Procedure. The common development review procedures of Section 8.2 shall apply, with modifications as noted below.

A.

Planning and Zoning Commission Review and Recommendation.

1.

Within 30 days after the public hearing, the Planning and Zoning Commission shall make a recommendation to the City Council to approve, approve with modifications, or deny the text amendment based on the criteria set forth below.

2.

The Planning and Zoning Commission may request an extension of time from the City Council. If no recommendation is made and no extension is granted, then the City Council may act on the proposed amendment without a recommendation from the Planning and Zoning Commission.

B.

City Council Action. After reviewing the reports and recommendations of the Director and the Planning and Zoning Commission, the City Council shall vote to approve, approve with modifications, or deny the proposed amendment, based on the criteria set forth below. The City Council also may refer the proposed amendment back to the Planning and Zoning Commission or a subcommittee of the City Council for further consideration. Amendments to the text of this Development Code shall be approved in the form of ordinances.

C.

Alternative Review Procedure. Notwithstanding the procedure set forth above, where the City Council determines by a majority vote that the public health, safety, or welfare necessitates, text amendments may be considered at any regularly scheduled meeting of the City Council. In such cases, the council shall hold a public hearing on the proposed amendment and shall request a recommendation from the Planning and Zoning Commission prior to making a decision on the amendment.

D.

Records of Amendments. A record of amendments to the text of this Development Code shall be maintained in the office of the City Clerk.

E.

Subsequent Applications. Following denial of a text amendment request, the City Council shall not decide on applications for the same or substantially the same amendment within one year of the date of denial. The waiting period required by this section may be waived in an individual case, for good cause shown, by the affirmative vote of three-fourths of the members of the City Council.

F.

Approval Criteria. Recommendations and decisions on text amendments may be approved if the City Council finds that all of the following approval criteria have been met:

1.

The proposed amendment will promote the public health, safety, and general welfare;

2.

The proposed amendment is consistent with the General Plan and the stated purposes of this Development Code; and

3.

The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions.

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

8.5.1.

Purpose. The boundaries of any zoning district may be changed or the zoning classification of any parcel of land may be changed pursuant to this section. The purpose is not to relieve particular hardships, nor to confer special privileges or rights on any person, but only to make adjustments to the Official Zoning Map that are necessary in light of changed conditions or changes in public policy, or that are necessary to advance the general welfare of the city. Rezonings should not be used when a Conditional Use Permit, Variance, or Minor Modification could be used to achieve the same result.

8.5.2.

Procedure. The common development review procedures of Section 8.2 shall apply, with modifications as noted below.

A.

Public Hearings. A public hearing shall be held by the Planning and Zoning Commission and City Council unless the Director or their designee determines otherwise.

B.

Decision and Findings. The following additional procedures shall apply:

1.

Review and Recommendation by Planning and Zoning Commission.

a.

The Planning and Zoning Commission shall hold a public hearing on the proposed rezoning and vote to recommend that the City Council approve, approve with modifications, or deny the rezoning.

b.

The Director or their designee shall forward the Planning and Zoning Commission's recommendation to the City Council with an ordinance to amend the Official Zoning Map in accordance with the recommendation.

2.

Action by City Council.

a.

The City Council shall approve or deny the application for a rezoning within 180 days of the determination that the application is administratively complete.

b.

For extenuating circumstances, the Director may grant a one-time extension of not more than 30 days. If an applicant requests an extension, the Director may grant extensions of 30 days for each extension granted.

c.

The City Council shall hold a hearing on the proposed rezoning and, within 90 days of the public hearing, approve with modifications, or deny the ordinance to amend the Zoning Map, or refer the application back to the Planning and Zoning Commission or to a committee of the City Council for further consideration.

d.

The requirements of subsection 2.a and b. do not apply to land that is designated as a district of historical significance pursuant to A.R.S. § 9-462.01.A or an area that is designated as historic on the National Register of Historic Places or Planned Area Developments as described in Section 8.6.

3.

Protests. If the owners of 20 percent of the property by area and number of lots, tracts and condominium units within the Zoning Area of the affected property file a protest in writing against a proposed rezoning, it shall not become effective except by the favorable vote of three-fourths of all members of the City Council. If any members of the City Council are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the City Council, provided that such required number of votes shall in no event be less than a majority of the full membership of the City Council. For the purposes of this section, "Zoning Area" means both of the following: the area within 150 feet, including all rights-of-way, of the affected property subject to the proposed amendment or change, and; the area of the proposed amendment or change.

4.

Form of Amending Ordinance. An ordinance amending the Zoning Map shall contain the following:

a.

The name of each use district that the ordinance applies; and

b.

The legal description of the land within each zoning district applied by the ordinance.

5.

Successive Applications. Following denial of a Zoning Map amendment proposal, no new application for the same or substantially the same action shall be accepted within one year of the date of denial, unless denial is made without prejudice.

C.

Lapse. The City Council may approve a rezoning conditioned upon a schedule for development of the specific use or uses for which rezoning is requested. If at the expiration of this period the property has not been improved for the use for which it was conditionally approved, the City Council, after notification by certified mail to the owner and applicant who requested the rezoning, shall schedule a public hearing to take administrative action to extend, remove or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 11-18, § 1, 8-7-2018; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024; Ord. No. 30-24, § 3, 12-17-2024)

8.6.1.

Purpose. The Community Master Plan (CMP) and Planned Area Development (PAD) provisions are established for the following purposes:

A.

To permit and encourage innovative land development while maintaining appropriate limitations on the character and intensity of use and assuring compatibility with adjoining and nearby properties;

B.

To permit greater flexibility within the development to best utilize the physical features of the particular site in exchange for greater public benefits than would otherwise be achieved through development under this Development Code; and

C.

To encourage integrated and unified design and function of the various uses comprising the CMP or PAD.

8.6.2.

Applicability. CMP and PAD Districts are intended for larger, unusual, or exemplary projects and should not be used to achieve minor changes from Development Code requirements that could be accomplished through the Minor Modification, Variance, or amendment procedures. No CMP shall be established for any site containing less than 640 contiguous acres and no PAD shall be established for less than five contiguous areas.

8.6.3.

Prior CMPs, PADs, and Pending Applications. Development within an approved Community Master Plan and/or a Planned Area Development (PAD) area are subject to the standards of Article 5, Development and Design Standards and Guidelines; however, the application of such standards and guidelines shall not limit the uses, densities, or intensities approved in the CMP or PAD. If a new CMP and/or PAD is submitted for initial review for a particular property following the effective date of this Development Code, Article 5 shall serve as the "baseline" for the development of any development or design standards to be incorporated into the plan. All CMPs and PADs are subject to vesting rights as defined in state statutes and the City Code.

8.6.4.

Coordination With Subdivision Review.

A.

Subdivision review required under Section 8.8, Subdivision of this article, if applicable, may be carried out concurrently with the review of CMP or PAD plans under this Section 8.6. If subdivision approval is required for the subject property and the city and applicant agree to coordinate review, the CMP or PAD plans required under this Section 8.6 shall be submitted in a form that satisfies the requirements for preliminary and final subdivision plat approvals.

B.

If any provisions of this section or the CMP or PAD standards of Section 2.7.1 conflict with the subdivision procedures or standards of this Development Code, the more restrictive or detailed requirements shall be met.

8.6.5.

Procedure. The common development review procedures of Section 8.2 shall apply, with modifications as noted below.

A.

Notice. Written, published, and posted notice required. Rezonings to the CMP or PAD District shall comply with all notice requirements set forth generally for rezonings in Section 8.2.6, Notice of this Development Code.

B.

Public Hearings. One public hearing is required before the Planning and Zoning Commission and one public hearing before the City Council.

C.

Decision and Findings. Applicable, as follows:

1.

Review and Recommendation by Planning and Zoning Commission. The Planning and Zoning Commission shall conduct a public hearing on the CMP or PAD and shall recommend approval as submitted, approval with modifications, or denial. Recommended approval of the CMP or PAD shall vest no rights to the applicant other than the right to have the CMP or PAD reviewed by the City Council.

2.

Permitted Minor Changes Prior to City Council Hearing. Minor changes in the location, siting, and height of structures, streets, driveways, and open spaces may be authorized by the Director or their designee to be included in the CMP or PAD Development Plan to be reviewed by the City Council without additional public hearings, if such changes are required by engineering or other circumstances not foreseen at the time the CMP or PAD Development Plan was approved by the Planning and Zoning Commission. No change authorized by this subsection may cause any of the following:

a.

A change in the use or character of any portion of the development;

b.

An increase by more than one percent in the overall coverage of structures;

c.

An increase in the density or intensity of use;

d.

An increase in the problems of traffic circulation and public utilities;

e.

A reduction of not more than one percent in approved common open space;

f.

A reduction in off-street parking and loading spaces; or

g.

A reduction in required pavement widths.

3.

Review and Decision by City Council. The council shall review the CMP or PAD Application at a regularly scheduled and noticed public hearing. The City Council shall consider the Planning and Zoning Commission's recommendations and approve, conditionally approve, or deny the application, or table the application for further review.

4.

Action by City Council. The City Council may by ordinance approve the rezoning to the CMP or PAD Overlay District, granting the applicant the right to proceed in accord with the approved CMP or PAD Development Plan.

5.

Successive Applications. Following denial of a CMP or PAD rezoning request, no new application for the same or substantially the same rezoning shall be accepted within one year of the date of denial, unless the denial is made without prejudice.

6.

Protests. If the owners of 20 percent or more of the area immediately adjacent in the rear or any side of the property proposed to be in the CMP or PAD extending 150 feet from the proposed CMP or PAD property, or of the area directly opposite the proposed CMP or PAD property extending 150 feet from the street frontage of the opposite lots, file a protest in writing against a proposed CMP or PAD, it shall not become effective except by the favorable vote of three-fourths of all members of the City Council. If any members of the City Council are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the City Council, provided that such required number of votes shall in no event be less than a majority of the full membership of the City Council.

D.

Criteria for Approval. The Planning and Zoning Commission may recommend approval, and the City Council may approve, a CMP or PAD that meets all of the following criteria:

1.

The CMP or PAD addresses a unique situation, confers a substantial benefit to the city, or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or Development Standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments.

2.

The CMP or PAD is consistent with and conforms to goals, policies, and applicable elements of the General Plan and the purposes of this Development Code;

3.

Facilities and services (including roads and transportation, water, gas, electricity, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development;

4.

The CMP or PAD is not likely to result in significant adverse impacts upon the natural environment, or such impacts will be substantially mitigated;

5.

The CMP or PAD is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and

6.

Future uses on the subject tract(s) will be compatible with uses on other properties in the vicinity of the subject tract.

E.

Conditions of Approval.

1.

The development of an approved CMP or PAD shall be subject to the provisions of this Development Code as they existed on the date of approval of the CMP or PAD by the City Council, except as modified within the approved CMP or PAD, or by applicable amendments to the City Code.

2.

Substantive Code changes regarding permitted use, density, or intensity of use of the underlying general zoning districts may be incorporated within the previously approved CMP or PAD upon the approval of the City Council of an application for amendment, provided such incorporation does not conflict with vested or protected development rights.

3.

Major Amendments. Major Amendments to Community Master Plans or Planned Area Developments shall be reviewed, processed, and approved in the same manner as required for the original CMP or PAD to which amendment is sought, including all notice and citizen participation requirements. Any Major Amendment shall be recorded in the real estate records of Maricopa County, Arizona, in accordance with the procedures established for the filing and recording of approved CMPs or PADs. All CMP or PAD Amendment applications not meeting the criteria set forth in this section for Major Amendments shall be deemed applications for Minor Amendments.

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

a.

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

b.

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

c.

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

d.

Amendments that propose a shift from one phase, parcel, or development unit (however defined in the approved CMP or PAD) of the CMP or PAD to another phase, parcel, or development unit of 20 percent or more of the total number of residential dwelling units permitted under an approved CMP or PAD. Amendments that propose a shift from one phase, parcel, or development unit of the CMP or PAD to another phase, parcel or development unit of more than ten percent to 19 percent of the total number of residential dwelling units under an approved CMP or PAD, unless the Director or their designee finds, in writing, that the proposed transfer will have no material impact on the services and infrastructure proposed, provided for, and necessary to accommodate and serve the transferred units.

4.

Minor Amendments. Minor Amendments to an approved Community Master Plan or Planned Area Development are administrative requests and may be approved, approved with conditions, or denied by the Director or their designee without a public hearing. A Minor Amendment may be approved by the Director or their designee as long as the amendment does not constitute, as determined by the Director or their designee, a substantial alteration of the fundamental nature and character of the CMP or PAD proposed to be amended.

5.

Applicability. All proposed amendments to any new or existing CMP or PAD that received final approval after the effective date of this Development Code, subject to the provisions of this Development Code, shall be governed by the provisions of this subsection.

F.

Lapse. Development in the approved CMP or PAD Districts shall commence within five years from the approval of the CMP or PAD. If development has not commenced within five years the City Council, after notification by certified mail to the owner and applicant who requested the CMP or PAD, shall schedule a public hearing to take administrative action to extend, remove, or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.

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

8.7.1.

Purpose and Applicability. This section provides a discretionary approval process for Conditional Use Permits for sites that have unique or widely varying operating characteristics or unusual site development features. Care should be taken to integrate conditional land uses with other uses in the area and to prevent adverse impacts on the community at-large. The procedure encourages public review and evaluation of a conditional use's operating characteristics and site development features.

A.

Planning and Zoning Commission's Review and Action. The Planning and Zoning Commission shall hold a public hearing on the proposed application and shall approve, approve with modifications and/or conditions, or deny the application.

B.

Issuance of a Conditional Use Permit. An approved conditional use shall not be established until a Conditional Use Permit has been issued by the Development Services Department. The permit shall cite the plans and documents on which the Planning and Zoning Commission based its approval, as well as the specific modifications and/or conditions of the approval, if any.

A Conditional Use Permit may be approved only if the Planning Commission determines that all of the following criteria have been met:

1.

The proposed use is consistent with the General Plan and all applicable provisions of this Development Code and applicable state and federal regulations;

2.

The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use-specific standards in Article 3 of this Development Code;

3.

The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (such as, but not limited to, hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts);

4.

Any significant adverse impacts anticipated to result from the use will be mitigated or offset to the maximum extent practicable;

5.

Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development;

6.

Adequate assurances of continuing maintenance have been provided; and

7.

Any significant adverse impacts on the natural environment will be mitigated to the maximum extent practicable.

C.

Lapse.

1.

In the event of noncompliance by the applicant with the Conditional Use Permit or any conditions of approval, or if the conditional use is not in operation within two years after the date of its approval, the Planning and Zoning Commission may initiate proceedings to review the Conditional Use Permit. Such review shall occur in the same manner as for original approval, and upon completion of such review the Planning and Zoning Commission may revoke the Conditional Use Permit or amend the original approval.

2.

Should the conditional use cease operation for a period longer than one year, then the permit shall be considered void and shall require a new application.

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

8.8.1.

Purpose. The purpose of the subdivision review process is to ensure compliance with the subdivision standards and requirements in Article 6, Land Subdivision, while encouraging quality development consistent with the goals, policies, and objectives in the City's General Plan.

8.8.2.

Applicability.

A.

The procedures of this Section 8.8, and the standards and requirements in Article 6, Land Subdivision, shall apply to all land divisions as defined in Article 6, subdivision and Article 10, Definitions of this Development Code, including any subdivisions or re-subdivisions created by an exercise of the power of eminent domain by an agency of the state or city, unless specifically excluded by state law.

B.

Administrative Review. The following types of subdivisions may be approved by the Director through the administrative review process.

1.

Land splits.

2.

Minor subdivisions which do not include right-of-way.

C.

Planning and Zoning Commission Review. The following types of subdivisions shall require final review by the Planning and Zoning Commission:

1.

Preliminary plats.

D.

City Council Review. The following types of subdivisions shall require final review by the City Council:

1.

Final plats.

2.

Right-of-way dedications.

3.

Maps of dedications.

4.

Abandonment of right-of-way.

8.8.3.

Subdivision Approval is Prerequisite to Other Approvals. No Building Permit or Certificate of Occupancy may be issued for any building, structure, or improvement located within a subdivision, and no plat for a subdivision may be recorded, until a plan for the subdivision has been approved and all required improvements have been installed or financial assurances have been accepted in accordance with the procedures and requirements of this Development Code.

8.8.4.

Restriction on Sale or Transfer of Subdivided Land Without Approved Plat. Any person who transfers or sells any land located within the city by reference to a plat that has not been approved by the city and recorded by the appropriate county shall be guilty of a violation of this Development Code.

8.8.5.

Procedure for Review of Minor Subdivisions. The procedure in this section shall apply to subdivisions that create ten or fewer lots or tracts, and land splits. The common development review procedures of Section 8.2 shall apply, with modifications as noted below.

A.

Notice. Minor subdivision (with right-of-way dedication): public hearing notice is not required however, mailed notice of application is required and the following procedure shall apply:

1.

Upon application, the applicant shall provide the Director or their designee with a map exhibit and current list of applicable property owners and organizations as listed below.

2.

Written "Notice of Application" shall be provided by the applicant to all persons, agencies, organizations or associations listed on the records of the county assessor as owners of land subject to the application or as owners of the parcels within 300 feet of the outer boundary of the lands subject to the application via First Class US Mail. Written notice shall also be provided in the same manner to the City of Buckeye Planning Division.

3.

Notice shall be mailed within 15 days of the date of application. The applicant shall provide a written "Affidavit of Mailing" to the Development Services Department certifying that the notice of application was mailed in accordance with the requirements of this section.

B.

Public Meetings. A City Council public meeting is required for minor subdivisions which include right-of-way dedications.

C.

Approval Criteria. The final decision body shall approve a minor subdivision or land split application if it meets the following criteria:

1.

The minor subdivision or land split is consistent with and implements the intent of the specific zoning district in which it is located and complies with all applicable use, development, and design standards set forth in this Development Code;

2.

As applicable, the minor subdivision or land split is consistent with the terms and conditions of any previously approved CMP; and

3.

Adequate and sufficient public safety, transportation, utility facilities and services, recreation facilities, parks, and schools are available to serve the subject property, while maintaining sufficient levels of service to existing development.

8.8.6.

Procedure for Review of Preliminary Plats. The common development review procedures of Section 8.2 shall apply, with modifications as noted below.

A.

Step 1 (Pre-Application Conference)(Sketch Plan). A sketch plan shall be submitted on a form contained in the application packet. A sketch plan represents a Generalized Land Use Plan and layout for the area proposed to be included within a subdivision.

1.

Effect of Approval. Approval of a preliminary plat shall be deemed an expression of approval to the layouts submitted on the preliminary plat as a guide for the future installation of streets, water, sewer, and other required improvements and utilities and to the preparation of the final or record plat. Except as provided for in this section, approval of the preliminary plat shall constitute permission to submit a final plat when all conditions of approval noted as provided in this section have been met.

2.

Construction Work. No construction work shall begin on the proposed improvements in the proposed subdivision prior to approval of the final plat. The subdivider may undertake certain ground excavations for grading and drainage purposes if the proper permits are issued by the Director or their designee, at the subdivider's risk.

3.

Appeal to the City Council. Appeals of decisions made by the Planning and Zoning Commission under this section shall be made to the City Council and scheduled as a public hearing. No neighborhood meeting shall be required prior to the hearing, however all other notification requirements in Section 8.2.6 shall apply. City Council decision of Planning and Zoning Commission preliminary plat appeals shall be final.

B.

Lapse.

1.

Approval of a preliminary plat shall be effective for three years, unless otherwise stated in such approval.

2.

For a preliminary plat which identifies phases, the preliminary plat shall be effective for three years. For each preliminary plat phase in which a final plat is recorded, the effective period of the approved preliminary plat shall be extended an additional two years from the recording date of the final plat.

3.

This validity period may be administratively extended by additional 12 month periods from the date of expiration if, in the opinion of the Director, satisfactory progress has been made towards the completion of the final plat for the next phase of subdivision development. Additional written requests not conforming to this section may be granted by the Planning and Zoning Commission. The commission shall hold a public meeting and modify, add, or remove conditions as part of an extension request.

4.

Failure by the applicant to request a time extension or obtain building permits prior to the expiration of the preliminary plat shall render the unbuilt portion of the preliminary plat null.

8.8.7.

Procedure for Review of Final Plats. The common development review procedures of Section 8.2, Common Development Review Procedures, shall apply, with modifications as noted below.

A.

Public Meetings. The City Council shall hold a public meeting for consideration of the request.

B.

Approval Criteria. The City Council shall approve a final plat if it meets the following criteria:

1.

The final plat substantially conforms to the approved preliminary plat and incorporates all recommended changes, modifications, and conditions attached to approval of the preliminary plat.

2.

Plans and specifications for improvements connected with development of the subdivision comply with the standards in Article 6, Land Subdivision, of this Development Code, and any other relevant city, county, state, or federal regulations, except to the extent modifications, Variances, or exceptions have been expressly allowed by the terms of the preliminary plat approval. All construction plans for improvements shall be approved by the City Engineer prior to the City Council's action on the final plat.

3.

The applicant has paid or satisfied all applicable fees and charges, including recording fees.

4.

Corrective Plat (Minor Amendment). The Director or their designee may approve Minor Amendments to approved plats, which shall be recorded and shall control over the preceding or final plat without vacation of that plat, if the amending plat is signed by the applicants only.

8.8.8.

Procedure for Subdivision Final Plat Re-Plat. All the procedures for a final plat shall be applicable except that replats shall be administratively approved if they meet the following conditions:

A.

Up to ten percent change in the overall density of the plat;

B.

Shifts in internal lot lines provided the new lot sizes conform to the minimum zoning district standards; and

C.

Any application that, in the Director's or their designee opinion, does not cause a fundamental change in the overall function of the plat.

8.8.9.

Procedure for Map of Dedication. All the procedures for a final plat shall be applicable, with the following modifications:

A.

A preliminary plat is not a prerequisite for a map of dedication.

B.

Tracts and parcels shall not be created by a map of dedication.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 19-15, § 2(Att.), 12-1-2015; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

8.9.1.

Purpose. The Site Plan review process is intended to ensure compliance with the Development and Design Standards of this Development Code and to encourage quality development reflective of the goals, policies, and objectives of the General Plan.

8.9.2.

Applicability.

A.

Exemptions. The following types of projects are exempt from Site Plan review:

Tenant improvements in which the existing building is not expanded.

B.

Administrative Site Plan Review. The following types of projects Site Plans may be approved by the Director or their designee through the administrative Site Plan review process.

1.

A single or combination of uses proposed in one or more structures that are less than 75,000 square feet in aggregate building area.

2.

A single or combination of uses proposed not within structures which occupy less than 150,000 square feet of aggregate outdoor use area.

3.

Antenna co-location on existing tower; non-concealed freestanding towers; and concealed antennae and towers.

4.

Any proposed development which contains any combination of the above classified types of projects.

C.

Planning Commission Site Plan Review. The following types of projects shall require Site Plan review by the Planning Commission:

1.

Any proposed development which is not classified as administrative Site Plan review.

2.

Any administrative Site Plan referred to the Planning Commission by the Director or their designee.

D.

Pending Applications. An applicant with a complete application that has been submitted for review, but upon which no final action has been taken prior to the effective date of Ord. No. 07-22 may request review under this ordinance by written letter to the Director or their designee.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 03-15, § 2(Att.), 3-17-2015; Ord. No. 19-15, § 2(Att.), 12-1-2015; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

8.10.1.

Applicability. No use that is classified as a temporary use in the zoning district in which it is to be located shall be placed or established on the property without first receiving a Temporary Use Permit, unless exempted from the permit requirements by Article 3, Use Regulations. A Temporary Use Permit shall be valid only for the time period stated on the permit unless otherwise authorized in this Development Code. A new Temporary Use Permit shall be required for each time period. The Temporary Use Permit shall lapse and be null and void upon expiration of the time limit specified in the permit.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 11-20, § 3, 8-18-2020; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

8.11.1.

Purpose. The Variance process is intended to provide limited relief from the requirements of this Development Code in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this Development Code. It is not intended that Variances be granted to (1) allow a use in a zoning district where it is not permitted by this Development Code; or (2) merely remove inconveniences or financial burdens that the requirements of this Development Code may impose on property owners in general. Rather, it is intended to provide limited relief where the requirements of this Development Code render the land difficult or impossible to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the Variance is requested. State and/or federal laws or requirements may not be varied by the city. The Hearing Officer must find that the conditions for Variance approval in A.R.S. § 9-462.06.G.2 and H.2 have be met.

8.11.2.

Procedure. The common development review procedures of Section 8.2 shall apply, with modifications as noted below.

A.

Lapse. A Variance that has not been utilized within two years from the date of the order granting the Variance shall thereafter be void. No time extensions of an approval can be granted. However, if a lesser time limit than two years has been placed on the Variance, then the lesser time limit shall apply. For the purposes of this provision, utilization shall mean actual use or the issuance of a Building Permit, when applicable, provided construction is diligently carried to completion. A Variance may be voided only after review by the Hearing Officer. Such review shall occur in the same manner as for approval of a Variance.

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

8.12.1.

Purpose. This section sets forth the required review and approval procedures for "Minor Modifications," which are minor deviations from otherwise applicable standards that may be approved by the Director or their designee, the City Council, or the Planning and Zoning Commission. Minor Modifications are to be used when the small size of the modification requested, and the unlikelihood of any adverse effects on nearby properties or the neighborhood, make it unnecessary to complete a formal Variance process.

8.12.2.

Applicability.

A.

Minor Modifications to General Development and Zoning District Standards. As part of the review and approval of any procedure set forth in this article, the Director or their designee may approve Minor Modifications of up to a maximum of 15 percent from the following general development and zoning district standards as applied, provided that the applicable approval criteria are met. The maximum allowable modification is calculated by applying the 15 percent modification to the resulting units derived from the application of the numerical development standard stated in the code.

1.

Minimum lot area requirements (Section 4.2.2, Lot Size);

2.

Setback requirements (Section 4.2.3, Setbacks); and

3.

Numerical development standards set forth in Article 5, Development and Design Standards and Guidelines (e.g., number of parking spaces).

B.

Exceptions to Authority to Grant Minor Modifications. Notwithstanding subsection A., in no circumstance shall any decision-making body approve a Minor Modification that results in:

1.

An increase in overall project density;

2.

A change in permitted uses or mix of uses;

3.

An increase in building height;

4.

A deviation from the use-specific standards set forth in Article 3; or

5.

A change in conditions attached to the approval of any Site Plan or Conditional Use Permit.

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

8.13.1.

Authority. The Planning and Zoning Commission is empowered by this Development Code and Arizona law to hear appeals of administrative decisions made in the interpretation and enforcement of this Development Code.

8.13.2.

Appeals to Planning and Zoning Commission.

A.

Decisions that May be Appealed. Except for actions listed in Section 8.13.3, Appeals of Dedications or Exactions to Hearing Officer, any asserted error in any order, requirement, permit, decision, determination, refusal, or interpretation made by any administrative officer, including the Hearing Officer, of the city in interpreting and/or enforcing the provisions of this Development Code may be appealed to the Planning and Zoning Commission, unless otherwise provided in this Development Code, by filing with the Director and with the Planning and Zoning Commission a notice of appeal specifying the grounds for such appeal.

B.

Filing of Appeal; Effect of Filing.

1.

An appeal to the Planning and Zoning Commission may be brought by any person, firm, corporation, office, department, board, bureau, or commission aggrieved by the order, requirement, permit, decision, or determination that is the subject of the appeal.

2.

An application for an appeal shall be filed with the Director or their designee and with the Planning and Zoning Commission on the form contained in the application packet. Once the application is complete, the Director or designee shall schedule the appeal for consideration at a public hearing before the Planning and Zoning Commission. The Director or their designee and the administrative officer from whom the appeal is taken shall promptly transmit to the Planning and Zoning Commission all records pertaining to such appeal. The application shall be filed no later than 20 days after the date of the contested action. The Planning and Zoning Commission shall fix a reasonable time for hearing the appeal, and shall give published and posted notice, both as provided in Section 8.2, of the hearing. Posted notice shall be in conspicuous places on the property affected.

3.

An appeal to the Planning and Zoning Commission stays all proceedings in the matter appealed from, unless the Director or their designee certifies to the Planning and Zoning Commission that, in the Director's opinion by the facts stated in the certificate, a stay would cause imminent peril to life or property. Upon such certification proceedings shall not be stayed, except by restraining order granted by the Planning and Zoning Commission or by a court of record on application and notice to the Director or their designee. Proceedings shall not be stayed if the appeal requests relief that has previously been denied by the Planning and Zoning Commission.

8.13.3.

Appeals of Dedications or Exactions to Hearing Officer. Any requirement of a dedication or exaction as a condition of granting approval for the use, improvement, or development of real property may be appealed to a Hearing Officer appointed by the City Council. This Subsection 8.13.3 shall not apply to legislatively imposed dedications or exactions in which no discretion by the Director or administrative officer to determine the nature or extent of the dedication or exaction was exercised. In the event of such an appeal, the Director or their designee shall submit a takings impact report to the Hearing Officer. No fee shall be charged for filing an appeal under this Subsection 8.13.3 and such appeal shall be conducted as required by A.R.S. § 9-500.12, et seq.

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

8.14.1.

Applicability. No building or other structure should be erected, constructed, enlarged, or altered in such manner as to prolong the life of the building, nor shall the use of any land or building or other structure be changed, without a Building Permit issued by the Building Inspection Division of the City of Buckeye and authorizing such construction, alteration, or use changes as being in compliance with provisions of this Development Code.

8.14.2.

Review and Decision.

A.

The Building Inspection Division shall grant or deny the Building Permit in accordance with the terms of this Development Code and all applicable city requirements.

B.

A Building Permit shall be issued only after a subdivision final plat, minor subdivision, or lot split application as required by Section 8.8, Subdivision, of this article and a Site Plan, if required, have been approved. However, with the approval of the Director or their designee, an applicant may submit a Building Permit application to the Building Inspection Division concurrent with the Site Plan application, which permit may be issued upon Site Plan approval by the Director or Planning and Zoning Commission, whichever is applicable. Building permits shall not be issued for any development that is not in conformance with the approved Site Plan.

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

8.15.1.

Applicability. The provisions of this Section 8.15 shall apply only to those applications that, in the Director's opinion and sole discretion, will increase the projected number of students for any school district's school attendance area as a result of the proposed development. A school district's school attendance area shall be the attendance boundaries adopted for each public school by the applicable school district. By way of example and not limitation, the following applications would require certification pursuant to this Section 8.15:

A.

Any application requesting approval for any new residential uses, including a change in zoning district classification from a non-residential to a residential classification.

B.

Any application requesting a change in Residential Zoning District classifications to a higher-density residential classification.

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

8.16.1.

Applicability. The provisions of this Section 8.16 shall apply to all applications to extend or increase the corporate limits of the City of Buckeye through the annexation of real property that is "contiguous," as defined in A.R.S. § 9-471, to the city's boundaries.

8.16.2.

Procedure. The common development review procedures of Section 8.2 shall apply.

A.

Applicable, with the following modifications:

1.

The application shall include the application for annexation and the initial submittal items checklist, as produced in the application packet. Application materials may be required to be updated and resubmitted from time to time as required by the project coordinator.

2.

If state land, other than state land utilized as state rights-of-way or land held by the state by tax deed, is included in the territory, written approval of the state land commissioner and the selection board established by A.R.S. § 37-202 shall be included with the application and subsequently included with any annexation petition to be filed with the county.

3.

Upon submission of the application for annexation, the Director shall appoint a project coordinator from the Development Services Department staff. The coordinator will be the primary contact for the applicant during the remainder of the annexation process.

B.

Notice. Published, written, and posted notice are required. In addition, notice of the City Council hearing shall be provided as follows:

1.

At least six days before the hearing and 15 days before the end of the 30-day waiting period, publication at least once in a newspaper of general circulation that is published or circulated in the city and the territory proposed to be annexed. The applicant shall submit proof of such publication to the project coordinator prior to the public hearing date. Applicant's failure to submit proof of publication will result in the public hearing not being held and the application process being restarted.

2.

At least six days before the public hearing, posting in at least three conspicuous public places (visible from right-of-way and adjacent property) in the territory proposed to be annexed. The applicant shall provide a notarized affidavit of the posting of signs to the project coordinator prior to the public hearing date. Applicant's failure to submit such affidavit will result in the public hearing not being held and the application process being restarted.

3.

At least six days before the hearing, the project coordinator shall send notice by first-class mail to the chairman of the board of supervisors of the county in which the territory proposed to be annexed is located.

4.

At least six days before the hearing, the project coordinator shall send notice by first-class mail, with an accurate map of the territory proposed to be annexed to each owner of real and personal property that would be subject to taxation by the city or city in the event of annexation in the territory proposed to be annexed. The applicant shall provide the necessary stamped, blank envelopes to the project coordinator, who will then verify the property owner names and addresses from the county records before mailing the notices.

5.

The project coordinator shall submit the Development Services Department staff report on the proposed annexation to the City Council.

C.

Public Hearings. Applicable as follows:

1.

All public notices, meetings, and hearings shall comply with applicable requirements of A.R.S. § 9-471(A)(3).

2.

The City Council shall hold a public hearing within the last ten days of the 30-day waiting period, the project coordinator is responsible for scheduling such hearing.

D.

Action by City Council.

1.

The City Council shall hold a public hearing on the proposed annexation and based upon the recommendations of the Director and Planning and Zoning Commission, approve or deny the ordinance to annex. If the ordinance is approved, it shall be signed by the Mayor, the City Attorney, and the City Clerk.

2.

The project coordinator shall send a notice of annexation by first-class mail to each owner of real and personal property that would be subject to taxation by the city or city in the event of annexation in the territory proposed to be annexed. The notice shall include a full copy of the ordinance. The applicant shall provide the necessary stamped, blank envelopes to the project coordinator for such mailing. The project coordinator shall verify the property owners' names and addresses from county records before mailing the notices.

3.

The annexation shall become final after the expiration of 30 days from the City Council's adoption of the ordinance annexing the territory.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 25-17, § 1(Att. § 8), 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)