8.1.1.

Purpose. This Article describes the procedures for review and approval of applications for development in the City. 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 contained within 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 Zoning Administrator 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. 28-25, § 3, 10-21-2025)

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.

A.

Purpose. The purpose of a Pre-Application 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 General Plan and applicable Specific Area Plans, infrastructure requirements, and any other issues that may affect the applicant's proposal prior to a formal submittal.

B.

Applicability.

1.

Required for Certain Applications. A Pre-Application is required prior to the application types as indicated in Table 8.1-1, unless otherwise waived by the Zoning Administrator. The Pre-Application should take place prior to any substantial investment, such as detailed site and engineering design.

2.

Optional for All Other Applications. A Pre-Application is optional prior to submission of any other application under this Development Code not listed in Table 8.1-1.

C.

Initiation of Pre-Application. The applicant shall submit a Pre-Application with the Zoning Administrator and pay the required fees. 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.

D.

Pre-Application Content. Department staff shall schedule a Pre-Application meeting after verifying a complete application submittal. At the Pre-Application meeting, the applicant, City staff, and any other persons the Zoning Administrator 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. Department staff shall forward all comments received to the applicant within ten business days of the meeting. As a general rule, the detail and specificity of staff's comments will correspond directly to the level of detail provided in an applicant's submittal.

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 Zoning Administrator may waive the Pre-Application 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 has been completed, the associated application must be completed within one year, or sooner if required by the Zoning Administrator due to changing conditions. If an application is not filed within the stipulated time frame, a new Pre-Application 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 the applicant an opportunity to inform the residents and landowners within the surrounding area of the details of a proposed development application, how the applicant intends to comply with the City's General Plan and Development Code, and to receive public comment and encourage dialogue at an early time in the review process. The neighborhood meeting often occurs before the application is submitted or after the first staff review of the application is completed. No decision regarding the application will be made at a neighborhood meeting.

B.

Applicability. A neighborhood meeting is required for the application types as indicated in Table 8.1-1.

C.

Scheduling. The neighborhood meeting shall be held on a weekday starting no earlier than 5:30 p.m. and no later than 7:00 p.m. at a publicly accessible location within Buckeye, as near to the subject property as feasible.

D.

Notice of Neighborhood Meeting. The applicant shall notify the Department in writing of the meeting date, time, and location no less than 15 days prior to the scheduled date of the meeting. An affidavit certifying that the applicant completed the mailed notice procedures under Step 6 shall be submitted to the Department.

E.

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

F.

Summary of Neighborhood Meeting. The applicant shall prepare and deliver a written summary of the neighborhood meeting to the Department within 14 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 required by the Zoning Administrator.

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 Zoning Administrator.

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;

c.

The Zoning Administrator; or

d.

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 Department with written documentation that the owner of the property has authorized the filing of the application.

D.

Development Review Fees.

1.

The applicable development user fees shall be paid at the time of submittal of any development application.

2.

The amount of the City's development user fees shall be established by the City Council.

E.

Waivers. The Zoning Administrator may waive the submittal requirements for specific typically required deliverables where it is found that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development clearly, in the Zoning Administrator's opinion, support such waiver. Fees shall not be waived.

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 scheduling the neighborhood meeting.

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.

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 the citizen participation effort prior to the notice of the first required public hearing for the submitted application. This report will be attached as an exhibit to the Department's staff report.

8.2.4.

Step 4: Determination of Application Administrative Completeness.

A.

After receipt of the required development application materials, the Zoning Administrator 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 Zoning Administrator 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 Zoning Administrator 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 Zoning Administrator shall determine if a re-submitted application is administratively complete within 15 days of resubmittal. The Zoning Administrator shall follow the procedures prescribed in A.R.S. § 9-835.E until the incomplete application is deemed to be administratively complete.

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 Zoning Administrator shall refer the development application to the appropriate review departments/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 Zoning Administrator with a current list and map 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 parcel(s) subject to the application. For any rezoning of an area greater than 20 acres, General Plan Amendments, and Planned Area Developments (PADs), the 300-foot requirement shall be increased to 500 feet. The applicant shall provide a written "Affidavit of Mailing" to the Department certifying that all required notices were timely mailed. Failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the City for which the notice was given.

D.

Published Notice. 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 60, days before the scheduled hearing date. An affidavit of publication provided by the newspaper shall be obtained by the applicant and given to the Department for their records.

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 one sign per street frontage (or one sign if there is no street frontage) on the property that is the subject of the application or proposed action by the City at least 15 days prior to the public hearing. All signs shall not be removed from the property until after the public hearing occurs. All signs shall be removed no later than ten days after the public hearing occurs. 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 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. If the property does not abut a street or public way, the sign shall be posted in the most visible or prominent location on the property, as determined by the Zoning Administrator.

F.

Enhanced Notice.

1.

Any application involving one or more of the following proposed changes or related series of changes is required to provide enhanced notices as described in subsection 2 below:

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.

2.

The City shall provide notice in accordance with A.R.S. § 9-462.04 via one of the following methods, as per the Zoning Administrator'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.

G.

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 defined as 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 (if applicable), 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 Zoning Administrator to the applicant.

B.

Housing Impact Statement. Prior to adopting any zoning ordinance or Development Code text amendment of general applicability, the City Council shall consider a housing impact statement regarding the impact of the zoning ordinance or text amendment that shall include:

1.

A general estimate of the probable impact on the average cost to construct housing for sale or rent within the zoning districts to which the zoning ordinance or text amendment applies;

2.

A description of any data or reference material on which the proposed zoning ordinance or text amendment is based; and

3.

A description of any less costly or less restrictive alternative methods of achieving the purpose of the proposed zoning ordinance or text amendment.

8.2.8.

Step 8: Conditions of Approval. The decision-maker may impose 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, Minor Modifications, or Planned Area Developments, 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. 28-25, § 3, 10-21-2025)

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 Zoning Administrator shall initiate a full review of the General Plan at least once every ten years.

B.

Major and Minor Amendments to the General Plan. The General Plan contains the criteria for determining whether a proposed amendment constitutes a Minor or Major Amendment.

C.

Specific Area Plan Adoption and/or Amendments. The procedure in Section 8.3 is also applicable to the adoption and/or amendment of a Specific Area Plan, in accordance with A.R.S. § 9-461.09.

8.3.2.

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

A.

Notice. At least 60 days before a General Plan update or Major Amendment of a General Plan is noticed pursuant to subsection E of A.R.S. § 9-461.06, Department staff shall, in accordance with subsection D of A.R.S. § 9-461.06, transmit the proposal to the Planning and Zoning Commission and City Council and shall submit a copy for review and further comment to:

1.

Maricopa County Planning & Development;

2.

Each municipality and county contiguous to the City's corporate limits;

3.

Maricopa Association of Governments (MAG);

4.

Arizona Commerce Authority or other general planning agency for the state;

5.

Arizona Department of Water Resources (ADWR), if a water resources element is required;

6.

Luke Air Force Base (LAFB), if applicable to territory in the vicinity of LAFB or any ancillary military facility as defined in A.R.S. § 28-8461;

7.

Arizona Attorney General, if applicable to property in the high noise or accident potential zone of LAFB or any ancillary military facility as defined in A.R.S. § 28-8461; and

8.

Any person or entity that requests in writing to receive a review copy of the proposal.

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 require a single Planning and Zoning Commission public hearing and a single City Council public hearing.

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 Zoning Administrator 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.

Review and Action by City Council. 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.

D.

Approval Criteria. Proposals for amendments to the General Plan shall be evaluated based upon whether the amendment is necessary 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. 28-25, § 3, 10-21-2025)

8.4.1.

Purpose. The purpose of text amendments is to make adjustments to the text of this Development Code that are necessary due to emergence of new technologies, 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, Common Development Review Procedures shall apply, with modifications as noted below.

A.

Authority to File Applications. An application for a text amendment may be initiated by any person or entity.

B.

Review and Recommendation by Planning and Zoning Commission.

1.

The Planning and Zoning Commission shall conduct a public hearing and make a recommendation to the City Council to approve, approve with modifications, or deny the text amendment based on the criteria set forth below. The Zoning Administrator shall forward the Planning and Zoning Commission's recommendation to the City Council with an ordinance to amend the Development Code in accordance with the recommendation.

C.

Review and Action by City Council. After reviewing the reports and recommendations of the Zoning Administrator and the Planning and Zoning Commission, the City Council shall conduct a public hearing and vote to approve, approve with modifications, or deny the proposed amendment, based on the criteria in subsection E. 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.

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.

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 and/or economic conditions.

(Ord. No. 28-25, § 3, 10-21-2025)

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 to advance the vision for future City growth as established within the approved General Plan. Rezonings should not be used when a Conditional Use Permit (CUP), 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, Common Development Review Procedures shall apply, with modifications as noted below.

A.

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 Zoning Administrator 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.

Review and Action by City Council.

a.

In accordance with article II, sections 1 and 2, Constitution of Arizona, the City Council shall consider the individual property rights and personal liberties of the residents of the municipality before adopting any zoning ordinance.

b.

The City Council shall approve with or without modifications or deny the application for a rezoning within 180 days of the determination that the application is administratively complete.

c.

For extenuating circumstances, the Zoning Administrator may grant a one-time extension of not more than 30 days. If an applicant requests an extension, the Zoning Administrator may grant extensions of 30 days for each extension requested; there shall be no limit to the number of applicant requested extensions that may be requested.

d.

The timing-related 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 PADs as described in Section 8.6.

3.

Protests. If the owners of 20 percent or more of the property by area and number of lots, tracts and condominium units within the Zoning Area of the affected property, excluding government-owned property, file a protest in writing against a proposed amendment, the change , 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, the vote shall be rounded to the nearest whole number. A protest filed pursuant to this Section shall be signed by the property owners, excluding government-owned property, opposing the proposed amendment and filed in the office of the clerk of the municipality not later than 12:00 noon one business day before the date on which the governing body will vote on the proposed amendment. 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 zoning district that the ordinance applies; and

b.

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

B.

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

1.

The proposed rezoning is consistent with the General Plan, any applicable Specific Area Plan, and the stated purposes of this Development Code;

2.

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

3.

The proposed rezoning will promote orderly growth and development; and

4.

The subject property's physical and natural features are suitable for the uses permitted under the proposed zoning district.

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. 28-25, § 3, 10-21-2025)

8.6.1.

Purpose. The 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 PAD.

8.6.2.

Applicability. PAD Districts are intended for unique and/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 PAD shall be established for any site containing less than five contiguous acres, unless the Zoning Administrator determines otherwise based on extenuating circumstances.

8.6.3.

Prior PADs and Pending Applications. Development within an approved 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 PAD. If a new 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.

A.

The City may at any time amend existing, or adopt new, laws, rules, regulations and standards of development ("laws and regulations") applicable to development of property under the jurisdiction of the City. If the new laws and regulations conflict with those of the existing PAD, and if the PAD is silent on the topic impacted by the new laws and regulations, then the new laws and regulations shall govern, subject however, to the vesting provisions of Arizona law.

B.

Any and all provisions of this Development Code that do not infringe upon a PAD's land uses, densities, intensities, or modified provisions (in accordance with Section 8.6.4) shall apply to all existing PADs. The City and owners of property subject to PADs shall review and determine the applicability of this Development Code in accordance with applicable Development Agreements, this Development Code, and Arizona law.

8.6.4.

Authority of PAD to Establish Modified Provisions.

A.

Purpose and Scope of PADs.

1.

PADs are specialized zoning and development tools that enable the establishment of unique development standards and guidelines, distinct from this Development Code.

2.

The purpose of these tools is to provide flexibility in design and land use, ensuring alignment with the vision and intent of the General Plan and other applicable long-range planning documents.

3.

This Section grants the authority for PADs to modify provisions of this Development Code, including but not limited to, Article 3, Use Regulations, Article 4, Dimensional Standards, Article 5, Development and Design Standards and Guidelines, and Article 6, Land Subdivision.

a.

Where a PAD comprises 2,500 gross acres or more and includes significant customized standards which provide sufficient design predictability as determined by the Zoning Administrator, the processes of Article 8, Review and Approval Procedures may be modified to project specific requirements.

4.

All provisions within a PAD shall comply with applicable provisions of state law.

B.

Modified Provisions within PADs.

1.

Within the boundaries of an approved PAD, specific development standards, land use regulations, and design guidelines may be established that modify the Development Code, the "Modified Provisions," provided the Modified Provisions meets the following:

a.

Clearly articulated and defined within the PAD.

b.

Formally approved by the City Council as part of the PAD approval or amendment process as described in Section 8.6.4.E.

2.

The Modified Provisions shall align with the provisions set forth in Section 8.6.4.A.3 and support the vision and intent of the General Plan.

3.

Where a PAD is silent on a provision, the Development Code shall prevail.

4.

When considered collectively, proposed modifications to standards within a PAD shall result in development of equal or better quality than which could be constructed using base district standards.

C.

PAD Areas of Control. The PAD may establish Modified Provisions controlling the following aspects of development pursuant to Section 8.6.4.A.3:

1.

Land use and zoning regulations including permitted and conditional uses, development standards, density, and intensity of development.

2.

Design standards including architectural guidelines, natural features, landscape design, lighting, and signage.

3.

Transportation and circulation including street connectivity, pedestrian pathways, and parking standards.

4.

Open space and recreation areas including parks, trails, and recreational facilities.

D.

PAD Adherence to this Development Code.

1.

While the PAD can establish Modified Provisions, all developments within these areas must, at a minimum, comply with the baseline requirements of this Development Code unless specific deviations are explicitly approved as part of the PAD, or as otherwise approved by the City.

2.

Any modifications of this Development Code within a PAD must be determined to be necessary to achieve the unique goals of the development and must not compromise public health, safety, or welfare.

E.

Modified Provisions Approval and Amendments.

1.

The establishment of Modified Provisions within a PAD requires approval by the City Council following a recommendation by the Planning and Zoning Commission. Public hearings must be conducted as part of this process as described in Section 8.6.6.

2.

Major or Minor amendments to an approved PAD shall not require updates to any Modified Provisions specified within the PAD which are not requested by the applicant, unless necessary due to the nature of the amendments (e.g., the requested amendment proposes changes to a Modified Provision, or the amendment cannot be adopted without an update to a Modified Provision).

3.

Major or Minor amendments to the Modified Provisions within an approved PAD may follow a process defined within the PAD, so long as such process complies with applicable state and local laws, as amended.

a.

Where a PAD is comprised of 2,500 gross acres or more, the amendment procedure, including the criteria for distinguishing between Major and Minor amendments as well as any Administrative Review and Approval processes, may be modified to address the scale and complexity of the development, provided such procedures are explicitly defined within the PAD, pursuant to Section 8.6.4.A.3.a.

8.6.5.

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

A.

Decision and Findings. Rezonings to PAD shall follow requirements and procedures set forth in Section 8.5, Amendments to the Zoning Map (Rezonings).

B.

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

1.

The 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 standard Development Code requirements. 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; enhanced architectural requirements; provision of public art and/or design elements that create a unique sense of place; or increased choice of living and housing environments;

2.

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

5.

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

6.

Future uses within the PAD will be compatible with uses on other properties in the vicinity of the PAD.

E.

Conditions of Approval.

1.

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

2.

Major Amendments. Major Amendments to PADs shall be reviewed, processed, and approved in the same manner as required for the original PAD to which amendment is sought, including all notice and citizen participation requirements. All 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 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 in a PAD, and/or that amend the allowable uses, regulations, and/or performance criteria for permitted uses, and/or amend the development standards in a significant way, as determined by the Zoning Administrator, in an approved PAD. If permitted in the approved 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 ten percent or more in the number of total residential dwelling units in an approved PAD.

c.

Amendments that result in a decrease of planned or identified parks and/or improved open space by five percent or more of the total amount of parks and improved open space in the approved 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 an approved PAD.

d.

Amendments that propose a shift from one phase, parcel, or development unit of the PAD to another phase, parcel, or development unit of more than ten percent to 19 percent of the total number of residential dwelling units in an approved PAD, unless the Zoning Administrator 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.

e.

Amendments that propose a shift from one phase, parcel, or development unit (however defined in the approved PAD) of the PAD to another phase, parcel, or development unit of 20 percent or more of the total number of residential dwelling units permitted in an approved PAD.

f.

Amendments that make substantial changes to the streets and circulation patterns and regional connectivity, including regional trail networks, in an approved PAD, as determined by the City Engineer or Zoning Administrator.

g.

Amendments that are deemed by the Zoning Administrator to make such a fundamental change to a PAD that a Major Amendment is required.

3.

Minor Amendments. Minor Amendments to an approved PAD are administrative requests and may be approved, approved with conditions, or denied by the Zoning Administrator without a public hearing. A Minor Amendment may be approved by the Zoning Administrator as long as the amendment does not meet criteria for a Major Amendment, above, or constitute, as determined by the Zoning Administrator, a substantial alteration of the fundamental nature and character of the PAD proposed to be amended

4.

Applicability. All proposed amendments to any new or existing 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. All amendments shall take the form of a redlined version, as well as a clean version, of the full, approved PAD narrative.

F.

Lapse. If development in the approved PAD has not commenced within five years, the City Council, after notification by certified mail to the owner and applicant, may 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. 28-25, § 3, 10-21-2025)

8.7.1.

Purpose and Applicability. This Section provides a discretionary approval process for CUPs for uses that have unique or widely varying operating characteristics or 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.

Review and Action by Planning and Zoning Commission. 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.

Approval of a CUP. An approved conditional use shall not be established on any property until a CUP has been approved. The approval letter issued by the Department following approval by the Planning and Zoning Commission 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.

C.

Approval Criteria. A CUP may be approved only if the Planning and Zoning 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.

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

D.

Lapse.

1.

In the event of noncompliance by the applicant with the CUP or any conditions of approval, or if the conditional use has not commenced operation within two years after the date of its approval, the Planning and Zoning Commission may initiate proceedings to review the CUP. 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 CUP or amend the original approval.

2.

Should the conditional use commence but cease operation for a period longer than one year, then the permit shall be considered void and approval of a new CUP will be required prior to reestablishment of the use.

(Ord. No. 28-25, § 3, 10-21-2025)

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 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 and Article 10 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 shall be approved by the Zoning Administrator through the administrative review process.

1.

Land Splits.

2.

Minor Subdivisions.

3.

Maps of Dedication.

4.

Abandonment or dedication of right-of-way.

5.

Preliminary Plats.

6.

Final Plats.

7.

Final Plat Re-Plats.

8.8.3.

Subdivision Approval is Prerequisite to Other Approvals. No Certificate of Occupancy may be issued for any building, structure, or improvement located within a subdivision 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. Building permits may also be withheld if the subdivision is necessary to meet zoning requirements for use (e.g. single-family homes on individual lots) or development standards of the applicable zoning district.

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 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 proposed change to an already approved Minor Subdivision shall be processed as a re-plat.

A.

Approval Criteria. The Zoning Administrator and City Engineer 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 PAD; 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.

Effect of Approval. Approval of a Preliminary Plat shall be deemed an expression of approval to the layout 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 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.

B.

Construction Work. Approval of a Preliminary Plat does not constitute authorization to commence construction within the planned subdivision. Final Plat approval and civil permits are required before such work can commence. Exceptions to this provision may be granted by the Zoning Administrator or City Engineer and may include, but is not limited to, approved at-risk construction for grading and drainage, off-site improvements, and improvements related to maps of dedication.

C.

Appeals. Appeals of decisions made by the Zoning Administrator and City Engineer under this Section shall be made to the Planning and Zoning Commission 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. Planning and Zoning Commission decision of Preliminary Plat appeals shall be final.

D.

Approval Criteria. The Zoning Administrator and City Engineer shall approve a Preliminary Plat if it meets the following criteria:

1.

The Preliminary Plat 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 Preliminary Plat is consistent with the terms and conditions of any previously approved PAD; 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.

E.

Lapse.

1.

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

2.

A Preliminary Plat shall be considered vested when a Final Plat is recorded for any portion of that planned subdivision.

3.

This validity period may be administratively extended an additional 12 months from the date of expiration if, in the opinion of the Zoning Administrator, satisfactory progress has been made towards the completion of the Final Plat for the next phase of subdivision development. There is no limit on how many times a Preliminary Plat can be extended, but an extension is discretionary and may be denied based on many factors, including but not limited to, outdated plat standards in relation to new codes.

4.

Failure by the applicant to request a time extension or record a Final Plat for the subdivision (or a portion thereof) prior to the expiration of the Preliminary Plat shall render the Preliminary Plat null and void.

8.8.7.

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

A.

Approval Criteria. The Zoning Administrator and City Engineer 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 and the Engineering Design Standards, except to the extent Minor Modifications, Variances, or exceptions have been expressly allowed by the terms of the Preliminary Plat approval. All construction plans for improvements are subject to change between Preliminary Plat approval and submission of the Final Plat and must be approved by the City Engineer.

B.

Corrective Plat (Minor Amendment). The Zoning Administrator and City Engineer 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 Review of Re-Plats. All the procedures for a Final Plat shall be applicable except that a Preliminary Plat is not a prerequisite for a Re-Plat which modifies six or fewer lots and/or tracts. In addition to Re-Plats initiated by an applicant, the City may require a Re-Plat if it is needed to address changes to applicable laws, including, but not limited to, updates to Engineering Design Standards.

8.8.9.

Procedure for Review of Maps 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. 28-25, § 3, 10-21-2025)

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:

1.

Residential developments with up to four dwelling units on the same parcel or lot;

2.

Tenant improvements in which the existing building is not expanded; and

3.

Tower co-locations.

8.9.3.

Procedure.

A.

All plans and supporting engineering reports for Site Plan improvements shall be reviewed and approved by the City Engineer. All improvements must be in substantial conformance with all effective Engineering Design Standards, policies, and requirements at the time of final improvements.

B.

Minimum Elements. A Site Plan must include proposed and existing buildings, circulation, access and maneuvering areas, open space, conceptual landscaping, parking, lighting, other amenities or required features, and preliminary utility and infrastructure engineering. The Site Plan review process also functions as a Design Review process and includes proposed building elevations, as well as architectural theming or other design elements.

C.

Master Site Plans. A Master Site Plan includes multiple buildings and/or parcels, often within a multi-tenant commercial, industrial, or mixed-use development. A Master Site Plan follows the same procedure and submittal requirements as a Site Plan, except that certain details may be deferred to a future Site Plan Amendment or Design Review application. A Master Site Plan must include proposed and existing buildings (estimated building footprints or pad sites at minimum), access and maneuvering areas, perimeter landscaping, architectural theming or unifying design elements, and preliminary utility and infrastructure engineering.

1.

Applicability. A Master Site Plan is required when a portion of a nonresidential or mixed-use parcel, or multiple adjacent parcels if under common ownership, is proposed for development.

2.

Amendments. Modifications to the Master Site Plan shall be approved through future Site Plan Amendment(s). For conceptual pad sites identified on a Master Site Plan, a Site Plan Amendment shall at a minimum establish the building footprint, remaining conceptual landscaping, and building elevations.

3.

Design Review. A future Commercial Design Review, as provided for within Section 8.10, Design Review shall require approval of building elevations only. A Commercial Design Review shall be required when there are no modifications to access, circulation, landscaping, and preliminary engineering, and the building footprint is not increased in size or significantly changed in orientation or siting, as determined by the Zoning Administrator.

D.

Approval Criteria. A Site Plan shall be approved upon a finding that the application meets all of the following criteria:

1.

The Site Plan complies with all applicable development and design standards set forth in this Development Code or, if applicable, Modified Provisions within an approved PAD;

2.

The development proposed in the Site Plan is or will be compatible with the character of surrounding land uses;

3.

The Site Plan provides for safe and efficient vehicular and pedestrian circulation, including appropriate access to adjacent streets, internal driveways, sidewalks, and connections to existing or planned multimodal facilities; and

4.

The Site Plan demonstrates that adequate public services and infrastructure—including water, sewer, stormwater, and emergency access—are or will be available to support the proposed development without negatively impacting service levels to surrounding properties.

E.

Lapse.

1.

Approval of a Site Plan shall be effective for three years, unless otherwise stated in such approval. The validity period may be administratively extended an additional 12 months from the date of expiration if, in the opinion of the Zoning Administrator, unforeseen circumstances led to the delay in construction of the project. Though there is no limit on the number of extensions that may be granted, approval of any extension is discretionary and may be based on factors including, but not limited to, the Site Plan is no longer in conformance with updated or revised City codes and/or other requirements.

2.

Failure by the applicant to request a time extension or obtain building permits prior to the expiration of the Site Plan shall render the unbuilt portion of the Site Plan null and void.

3.

A Site Plan shall not be considered expired if there is an active building or civil permit under review by the City, or if such permits have been issued and remain valid. Site Plans must be in good standing prior to the submittal of any building or civil permit.

4.

Once a Certificate of Occupancy is issued for any building or structure included in the approved Site Plan, the Site Plan shall be considered vested. This vesting shall apply to all elements of the approved plan, including structures or improvements identified in future phases, provided that the Site Plan remains in compliance with all applicable conditions of approval and regulatory requirements.

(Ord. No. 28-25, § 3, 10-21-2025)

8.10.1.

Purpose. The Design 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.

8.10.2.

Applicability.

A.

Residential Design Review.

1.

New platted communities containing single-family detached, single-family attached, or middle housing (excluding those which contain more than four dwelling units on a parcel or lot, which require Site Plan review) require a Residential Design Review to approve building elevations.

2.

New custom dwellings outside of a platted community, new custom dwellings within a built-out platted community (infill development), and residential accessory structures are exempt from the Residential Design Review process.

B.

Commercial Design Review. A Commercial Design Review is required for all commercial, industrial, or other non-single-family residential projects that have obtained Site Plan Approval but where building elevations were deferred and not included in that Site Plan approval. A Commercial Design Review is required for exterior renovations to any existing commercial, industrial, or other non-single-family residential building.

8.10.3.

Procedure.

A.

All plans and supporting documents for Design Review shall be reviewed and approved by the Zoning Administrator. Amendments to an approved Design Review shall be reviewed and approved by the Zoning Administrator. Residential Design Reviews may be reviewed after a Preliminary Plat is approved and/or concurrently with a Final Plat request.

B.

Approval Criteria. A Design Review shall be approved upon a finding that the application meets all of the following criteria:

1.

The Design Review complies with all applicable development and design standards set forth in this Development Code or, if applicable, modified standards within an approved PAD; and

2.

The proposed architectural design is compatible with the character of the surrounding area.

C.

Lapse.

1.

Approval of a Residential Design Review shall remain valid so long as the associated plat remains valid.

2.

Approval of a Commercial Design Review shall remain valid so long as the associated Site Plan remains valid. Upon expiration of the associated Site Plan, a Commercial Design Review approval shall be null and void.

(Ord. No. 28-25, § 3, 10-21-2025)

8.11.1.

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 SETUP, unless exempted from the permit requirements by Article 3, Use Regulations. A SETUP shall be valid only for the time period(s) stated on the permit unless otherwise authorized in this Development Code. The SETUP shall lapse and be null and void upon expiration of the time limit specified in the permit.

(Ord. No. 28-25, § 3, 10-21-2025)

8.12.1.

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. Variances shall not 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 been met.

8.12.2.

Procedure. The common development review procedures of Section 8.2, Common Development Review Procedures 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 the approval of a Variance.

B.

Approval Criteria. A Variance may be approved upon a finding that the application meets all of the following criteria:

1.

Strict application of the Development Code will create a practical difficulty or unnecessary hardship, prohibiting the use of land in a manner otherwise allowed under this Development Code; and

2.

Because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the Development Code will deprive the property of privileges enjoyed by other property of the same classification in the same zoning district; and

3.

The special circumstances applicable to the property are not self-imposed by the property owner.

(Ord. No. 28-25, § 3, 10-21-2025)

8.13.1.

Minor Modifications.

A.

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 Zoning Administrator. 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.

B.

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 Zoning Administrator 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).

4.

An increase in building height for structures at least 100 feet from any residential area.

C.

Exceptions to Authority to Grant Minor Modifications. Notwithstanding subsection B., in no circumstance shall the Zoning Administrator 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 for structures less than 100 feet from any residential area;

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 CUP.

8.13.2.

Reasonable Accommodations.

A.

Request for Reasonable Accommodation.

1.

Pursuant to A.R.S. § 9-462.09 and the Fair Housing Act (42 U.S.C. § 3604), a group home, group recovery home, or residential assisted living facility may request a deviation from the separation requirement, established within Article 3, as a Reasonable Accommodation. The City shall provide written notice of this administrative procedure at the time of registration or entitlement application submission by a group home, group recovery home, or residential assisted living facility.

2.

The request shall be submitted in writing to the Department and include the following:

a.

A description of the requested deviation;

b.

Evidence demonstrating that the deviation is necessary to accommodate persons with disabilities; and

c.

Supporting documentation, including reports from medical or housing professionals (if applicable).

3.

Upon receipt of a completed request, the City shall engage in an interactive process with the applicant to determine the feasibility of the Reasonable Accommodation. The City may request additional information, but the Zoning Administrator shall make a final determination within 14 days of receipt.

4.

If approved, the Reasonable Accommodation shall be documented and implemented accordingly. If denied, the Zoning Administrator shall provide written justification, and the applicant may request reconsideration by the Board of Adjustment. The City shall maintain records of all Reasonable Accommodation requests and decisions.

B.

Approval Criteria. A Reasonable Accommodation shall not be approved unless all of the following criteria are met:

1.

The requested Reasonable Accommodation is requested by or on the behalf of one or more individuals with a disability protected under Federal and Arizona Fair Housing Laws (42 U.S.C. § 3600 et seq. and A.R.S. § 41-1491 et seq.);

2.

The requested Reasonable Accommodation is necessary to afford an individual with a disability an equal opportunity to use and enjoy a dwelling;

3.

The standard or requirement unduly restricts the opportunity for a person with a disability from finding adequate housing within the City;

4.

The requested Reasonable Accommodation does not fundamentally alter the nature and purpose of this Development Code;

5.

The requested Reasonable Accommodation will not impose an undue financial or administrative burden on the City;

a.

"Undue financial or administrative burden" is defined in Federal or Arizona Fair Housing Laws (42 U.S.C. § 3600 et seq. and A.R.S. § 41-1491 et seq.) and interpretive case law.

b.

The profitability or financial hardship of the owner/service provider of a facility shall not be considered in determining whether to grant a disability accommodation.

6.

The requested Reasonable Accommodation must comply with all applicable building and fire codes; and

7.

The requested Reasonable Accommodation must not, under the specific facts of the application, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

(Ord. No. 28-25, § 3, 10-21-2025)

8.14.1.

Reconsideration or Rehearing of Decisions.

A.

Criteria for Reconsideration or Rehearing. Decisions under this Development Code may be brought up for reconsideration or rehearing (a rehearing is only available if a hearing was held as part of the original review) only if:

1.

There was substantial procedural error in the original proceeding; or

2.

The decision maker acted without jurisdiction in the original proceeding; or

3.

The original decision was based upon fraud or misrepresentation; or

4.

As requested by a member of the body whose vote was included in the side that prevailed in the motion to be reconsidered.

B.

Filing of Request for Reconsideration or Rehearing.

1.

A request for reconsideration or rehearing of a decision made by the Zoning Administrator or the Planning and Zoning Commission must be filed with the Zoning Administrator, together with materials supporting one or more of the grounds stated in this subsection, within 15 calendar days of the original decision, or within the timeframe established under state law if applicable. The Planning and Zoning Commission, by a majority vote, may hold a rehearing if the request meets the requirements of this section.

2.

A request for reconsideration or rehearing of a decision made by the City Council must be filed with the City Clerk, together with materials supporting one or more of the grounds stated in this subsection, within 15 days of the original decision, or within the timeframe established under state law if applicable.

C.

Procedure for Reconsideration or Rehearing.

1.

If a request for reconsideration meets the criteria of this subsection, as determined by the City Attorney, a matter will be reconsidered in the same manner as the original proceedings.

2.

If a request for rehearing meets the criteria of this subsection, as determined by the City Attorney, the applicable body, by majority vote, may hold a rehearing in the same manner as the original proceedings.

8.14.2.

Appeals of Procedures 8.7 through 8.13. An applicant may appeal decisions made pursuant to Sections 8.7 through 8.13. The appropriate decision-making body for each appeal type is identified in Table 8.1-1. If no appeal decision-making body is identified in Table 8.1-1, the decision rendered by the decision-maker is final.

A.

Filing of Appeal; Effect of Filing.

1.

A complete application for an appeal, including a notice of appeal, shall be filed within 15 calendar days of the decision being appealed, and shall be accompanied by the applicable fees. The appeal shall be on a form and meet the requirements established by the Zoning Administrator. The appeal shall set forth the decision or decisions being appealed and state the factual and/or legal basis for the appeal.

2.

An application for appeal to be heard by the Planning and Zoning Commission shall be filed with the Zoning Administrator. An application for appeal to be heard by the City Council shall be filed with the City Clerk.

3.

An application for appeal shall be reviewed for compliance with this subsection and the application requirements. Upon determination of completeness, the Zoning Administrator, or City Clerk, where applicable, shall schedule the appeal meeting or hearing within a reasonable time frame from the filing of the appeal. Failure to file a complete appeal application and fee in a timely manner shall constitute a waiver of any rights to appeal in compliance with this subsection.

4.

Prior to consideration of any appeal for which state law or this Article requires a public hearing, the appellant shall provide public notification of the hearing in compliance with state law or this Article, whichever requires the most notice.

5.

Ex parte contacts and communications, defined as the receipt, either directly or indirectly, of verbal, visual, or written communications outside a duly noticed, open appeal meeting or hearing, or directed to less than all parties and all members of the reviewing entity, are prohibited.

6.

In deciding an appeal, the review authority considering the appeal shall use the same standards for decision-making required for the original decision and shall not hear or consider any evidence of any kind other than the evidence received from the decision maker, or any argument on the merits of the case other than that contained in the application for appeal. If new or different evidence is presented on appeal, the new information shall be included with a revised submittal and remanded to the decision maker for further review and consideration.

7.

In deciding an appeal, the review authority may approve, approve with modifications, conditionally approve, or deny the appeal.

8.

A written final decision shall be provided to the appellant within 30 days after the appeal meeting or hearing is closed unless State law requires a shorter deadline.

9.

The timely filing of an appeal shall stay all proceedings in the matter appealed.

8.14.3.

Appeals to the Board of Adjustment. In addition to variances not heard by Hearing Officer and any appeal to the Board of Adjustment authorized by Table 8.1-1, the Board of Adjustment shall hear and decide appeals pursuant to A.R.S. § 9-462.06 in which it is alleged there is an error in an order, requirement or decision made by the Zoning Administrator in the enforcement of a zoning ordinance.

A.

Filing of Appeal; Effect of Filing.

1.

Appeals to the Board of Adjustment may be taken by persons aggrieved or by any officer, department, board or bureau of the City affected by a decision of the Zoning Administrator by filing with the Zoning Administrator and with the Board a notice of appeal on a form prescribed for this purpose provided by the City, and specifying the grounds of the appeal.

2.

The notice of appeal must be accompanied by the applicable fees and must be filed within 15 calendar days from the order, requirement, permit, decision, determination, refusal, or interpretation being appealed. Failure to file a complete notice of appeal and fee in a timely manner shall constitute a waiver of any rights to appeal in compliance with this subsection.

3.

Upon receipt of a complete and timely appeal, the Zoning Administrator shall immediately transmit all records pertaining to the action appealed from to the Board of Adjustment.

4.

The Board of Adjustment shall fix a reasonable time for a public hearing on the appeal and shall give notice of hearing by both publication in a newspaper of general circulation in accordance with A.R.S. § 9-462.04 and posting the notice in conspicuous places close to the property affected.

5.

The Zoning Administrator shall prepare a recommendation in the form of a staff report which shall be submitted to the Board of Adjustment prior to the scheduled public hearing. The staff report shall set for whether the appeal should be granted or denied, and the grounds for such recommendation.

6.

Following the public hearing, the Board of Adjustment may reverse or affirm, in whole or in part, or modify the order, requirement or decision of the Zoning Administrator appealed from, and make the order, requirement, decision or determination as necessary.

7.

An appeal to the Board of Adjustment stays all proceedings in the matter appealed from, unless the Zoning Administrator certifies to the Board that, in the Zoning Administrator's opinion, by the facts stated in the certificate, a stay would cause imminent peril to life or property. On the certification proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the Zoning Administrator. Proceedings shall not be stayed if the appeal requests relief that has previously been denied by the Board except pursuant to a special action in superior court. Except as modified by this subsection, the Appeal Procedure identified in Section 8.14.4 shall be followed.

8.14.4.

Appeals of Dedications or Exactions to Hearing Officer. A property owner may appeal the adoption or amendment of a zoning regulation by the City that creates a taking of property in violation of A.R.S. § 9-500.13 or any requirement of a dedication or exaction as a condition of granting approval for the use, improvement or development of real property. This subsection does not apply to a dedication or exaction required in a legislative act by the City Council that does not give discretion to a City agency or official to determine the nature or extent of the dedication or exaction.

A.

Filing of Appeal; Effect of Filing.

1.

The appeal shall be in writing and filed with or mailed to an external Hearing Officer designated by the City within 30 days after the final action is taken. The Zoning Administrator shall submit a takings impact report to the Hearing Officer. No fee shall be charged for filing the appeal.

2.

After receipt of an appeal, the Hearing Officer shall schedule a time for the appeal to be heard not later than 30 days after receipt. The property owner shall be given at least ten days' notice of the time when the appeal will be heard unless the property owner agrees to a shorter time period.

3.

The City has the burden to establish that there is an essential nexus between the dedication or exaction and a legitimate governmental interest and that the proposed dedication, exaction or zoning regulation is roughly proportional to the impact of the proposed use, improvement or development or, in the case of a zoning regulation, that the zoning regulation does not create a taking of property in violation of A.R.S. § 9-500.13. If more than a single parcel is involved, this requirement applies to the entire property.

4.

The Hearing Officer shall decide the appeal within five working days after the appeal is heard. If the City does not meet its burden under subsection 3, the Hearing Officer shall:

a.

Modify or delete the requirement of the dedication or exaction appealed, in cases involving a dedication or exaction.

b.

Transmit a recommendation to the City Council, in cases involving a zoning regulation.

5.

If the Hearing Officer modifies or affirms the requirement of the dedication, exaction or zoning regulation, a property owner aggrieved by a decision of the Hearing Officer may file, at any time within 30 days after the Hearing Officer has rendered a decision, a complaint for a trial de novo in the superior court on the facts and the law regarding the issues of the condition or requirement of the dedication, exaction or zoning regulation. In accordance with the standards for granting preliminary injunctions, the court may exercise any legal or equitable interim remedies that will permit the property owner to proceed with the use, enjoyment and development of the real property but that will not render moot any decision upholding the dedication, exaction or zoning regulation.

(Ord. No. 28-25, § 3, 10-21-2025)

8.15.1.

Applicability. No building or other structure shall 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 City of Buckeye and authorizing such construction, alteration, or use changes as being in compliance with provisions of this Development Code. A Building Permit shall be issued only after the approval of a plat (if required or applicable), Design Review, and/or Site Plan, unless the project type is exempted from Design Review or Site Plan approval by this Development Code or if approval from the Building Official and Deputy Director of Administration is granted. Building Permits shall not be issued for any development that is not in conformance with the approved Site Plan and this Development Code.

(Ord. No. 28-25, § 3, 10-21-2025)

8.16.1.

Applicability. The provisions of this Section 8.16 shall apply only to those applications that, in the Zoning Administrator'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 from any applicable school district:

A.

Any Rezoning or PAD 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 Rezoning or PAD application requesting a change in residential zoning district or land use classifications to a higher-density residential classification.

(Ord. No. 28-25, § 3, 10-21-2025)

8.17.1.

Applicability. The provisions of this Section 8.17 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.

8.17.2.

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

A.

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 City staff 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 City staff prior to the public hearing date. An applicant's failure to submit the affidavit will result in the public hearing not being held and the application process being restarted.

3.

At least six days before the hearing, City staff shall send notice by first-class mail to the Chairman of the Board of Supervisors of Maricopa County.

4.

At least six days before the hearing, City staff 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 in the event of annexation in the territory proposed to be annexed. City staff will verify property owner names and addresses from Maricopa County records before mailing the notices.

B.

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. No action shall be taken at this public hearing.

C.

Review and Action by City Council.

1.

The City Council shall hold a second public hearing on the proposed annexation and, based upon the recommendations of the Zoning Administrator, 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. A decision of the City Council on an Annexation request is final.

2.

Upon verifying names and addresses from Maricopa County records, City staff 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. The notice shall include a full copy of the ordinance.

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. 28-25, § 3, 10-21-2025)