Exhibit B - PLZM-24-0064 - DCA Phase 2 - Full Draft Clean Edit - PZ20250923.pdf
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ARTICLE 1. GENERAL PROVISIONS
Buckeye, Arizona, Code of Ordinances
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(Supp. No. 20, Update 2)
Page 1 of 7
ARTICLE 1. GENERAL PROVISIONS
1.1. TITLE AND EFFECTIVE DATE
This document shall be officially known as the "Development Code of the City of Buckeye, Arizona," and is
referred to throughout this document as "this Development Code." This Development Code shall become effective
on November 20, 2025, as amended.
(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. B), 2-20-
2024)
1.2. AUTHORITY
This Development Code is enacted in accordance with the laws of the State of Arizona, including, but not
limited to, A.R.S. §§ 9-461 et seq., 9-462 et seq., and 9-463 et seq., all as may be amended from time to time, and
all other powers authorized by the Constitution of the State of Arizona, state statutes, and common law, including
those for the regulation of land uses, land use planning and development, subdivision, environmental protection,
police powers, and the power to abate nuisances.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
1.3. PURPOSE OF THIS DEVELOPMENT CODE
The provisions of this Development Code are enacted to protect the public health, safety, and general
welfare and to implement the policies of the City General Plan, as may be amended from time to time. The
provisions are specifically intended to:
1.3.1. Ensure public safety, convenience, and accessibility through the physical design and location of land use
activities;
1.3.2. Promote healthy and sustainable density of development;
1.3.3. Encourage the efficient use of the available land supply in the City, including redevelopment of underutilized
land in central areas;
1.3.4. Preserve the character and quality of neighborhoods;
1.3.5. Promote a balanced supply of commercial, industrial, institutional, and transportation land uses that is
compatible with adjacent land uses and has good access to transportation networks;
1.3.6. Ensure the provision of adequate open space for light, air, and fire safety;
1.3.7. Preserve the value of buildings and land;
1.3.8. Support adequate and diverse housing supply for current and future residents;
1.3.9. Provide for the preservation of regional parks, desert lands, and other lands of significance for the protection
of the natural environment;
1.3.10. Protect approach slopes and other safety areas of licensed airports, including military air facilities;
1.3.11. Support timely citizen involvement in land use decision-making; and effective and efficient development
review and land use administration; and
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1.3.12. Promote and protect the public health, safety, comfort, and general welfare of the residents of the City.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
1.4. RELATIONSHIP TO GENERAL PLAN
This Development Code implements the planning policies adopted by the City Council for the incorporated
boundaries and the Municipal Planning Area, as adopted in the City General Plan.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
1.5. APPLICABILITY AND JURISDICTION
1.5.1. General Applicability. The provisions of this Development Code shall apply to all land, buildings, structures,
and uses located within the City, unless an exemption is provided by or in compliance with the terms of this
Development Code.
1.5.2. Annexed Territory. When any territory is brought into the jurisdiction of the City, by annexation or
otherwise, the City Council shall designate the zoning district(s) applicable to the territory at the time of
annexation that is most similar to the current County zoning. This provision shall not preclude subsequent
rezoning of the property by amendment in the manner set forth in Section 8.5, Amendments to the Zoning
Map (Rezonings) of this Development Code.
1.5.3. Exemption for Public Agencies. To the extent allowed by law, the provisions of this Development Code shall
not apply to all land, buildings, structures, and uses owned and/or controlled by any municipal, county, state,
or federal government agencies in the City.
1.5.4. Required Compliance. A building or structure shall not be erected, converted, enlarged, reconstructed, or
altered for use as defined by the City's Building Code, nor shall any land, building, or structure be used or
changed, except in compliance with all applicable regulations established by this Development Code. A lot of
record that did not exist on the effective date of this Development Code shall not be created, by subdivision
or otherwise, that does not conform to the applicable requirements of this Development Code, except as
otherwise exempted from the provisions of this Development Code.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
1.6. OFFICIAL ZONING MAP
1.6.1. General. The boundaries of zoning districts established in this Development Code are delineated upon the
City Zoning Map (Zoning Map) adopted in place as of January 16, 2010, and as amended per the effective
date of this ordinance, as part of this Development Code as fully as if the same were set forth in this Section
in detail. Procedures for amending the Zoning Map are set forth in Section 8.5, Amendments to the Zoning
Map (Rezonings).
1.6.2. Interpretation. The following rules of interpretation shall apply when determining boundaries of zoning
districts:
A.
Zoning shall not apply to rights-of-way. Where a zoning district is indicated to encroach into a right-of-
way, it shall be construed that the zoning district only applies to property which is not right-of-way.
Where future right-of-way is dedicated within existing zoning districts, the zoning district shall be
deemed removed from rights-of-way. Where right-of-way is abandoned, the zoning applicable to the
adjacent property shall be extended to the centerline of the abandoned right-of-way.
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B.
In cases where the platted and physical rights-of-way do not coincide, the Zoning Administrator will
determine the location of the zoning district boundary.
C.
In unsubdivided property, zoning district boundaries shall be determined by use of the scale on the
map. A legal description acceptable to the Zoning Administrator shall be made available in the event of
a controversy arising concerning zoning district boundaries.
D.
Where a zoning district boundary is shown by specific dimension as being located at any given distance
from any right-of-way line, the specific dimension shall govern.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 25-17, § 1(Att. § 1), 12-19-2017; Ord. No. 01-24, § 3(Exh. A, B), 2-20-
2024)
1.7. CONFLICTING PROVISIONS
1.7.1. Minimum Requirements. This Development Code establishes minimum requirements for public health,
safety, and welfare.
1.7.2. Conflict with Other Public Laws, Ordinances, Regulations, or Permits. This Development Code complements
other City, state, and federal regulations that affect land use. This Development Code is not intended to
revoke or repeal any other public law, ordinance, regulation, or permit. However, where conditions,
standards, or requirements imposed by any provision of this Development Code are either more restrictive
or less restrictive than comparable standards imposed by any other public law, ordinance, or regulation, the
provisions that are more restrictive or that impose higher standards or requirements, as determined by the
Zoning Administrator, shall govern.
1.7.3. Conflict with Agreements Between Private Properties. This Development Code is not intended to revoke or
repeal any easement, covenant, or other agreements between private parties. However, where the
regulations of this Development Code are more restrictive or impose higher standards or requirements than
an easement, covenant, or other agreements between private properties, then the requirements of this
Development Code shall govern in compliance with applicable Arizona law. Nothing in this Development
Code shall modify or repeal any private covenant or deed restriction, but the covenant or restriction shall not
excuse any failure to comply with this Development Code. In no case shall the City be obligated to enforce
the provisions of any easements, covenants, or agreements between private parties.
1.7.4. Severability Provisions.
A.
If any court of competent jurisdiction invalidates any specific provision of this Development Code, then
the judgment shall not affect:
1.
The validity and continued enforcement of any other provision of this Development Code.
2.
The application of that provision to any other building, structure, or use not specifically included
in that judgment.
B.
If any court of competent jurisdiction invalidates any condition attached to the approval of an
application for development approval, then the judgment shall not affect any other conditions or
requirements attached to the same approval that are not specifically included in that judgment.
(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)
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1.8. TRANSITIONAL REGULATIONS
1.8.1. Purpose. The purpose of transitional regulations is to clarify the status of properties with pending
applications or recent approvals, as those terms are used below.
1.8.2. Processing of Applications Commenced or Approved Under Previous Ordinances.
A.
Pending Applications.
1.
Any complete application that has been submitted for review, but upon which no final action has
been taken by the appropriate decision-making body prior to the effective date of this
Development Code, shall be reviewed in compliance with the Development Code in effect on the
date the application was deemed complete. If the applicant fails to comply with any applicable
required period for submittal or other procedural requirements, the application shall expire, and
subsequent applications shall be subject to the requirements of this Development Code. Any re-
application for an expired project approval shall meet the standards in effect at the time of re-
application.
a.
Applications Following Pre-Application. A complete application submitted no later than
nine months after a Pre-Application meeting may, if requested by the applicant, be
reviewed in compliance with the Development Code in effect on the date of the Pre-
Application meeting. Any complete application submitted more than nine months after a
Pre-Application meeting must be reviewed in compliance with the Development Code in
effect on the date the application was deemed complete.
2.
An applicant with a complete application that has been submitted for approval, but upon which
no final action has been taken prior to the effective date of an ordinance amending an applicable
portion of the Development Code , may request review under the newly-adopted, but not yet
effective Development Code by a written letter to the Zoning Administrator.
B.
Approved Projects.
1.
Generally. Conditional Use Permits (CUPs), Site Plans, Building Permits, and Variances that are
valid on November 20, 2025, shall remain valid until their expiration date. Projects with valid
approvals or permits shall be completed in compliance with the development standards in effect
at the time of approval. If the approval or permit expires, future development shall comply with
the requirements of this Development Code.
2.
Planned Area Development (PAD). Development of property subject to a PAD existing on the
effective date of the ordinance from which this Article is derived, shall continue in compliance
with the terms and conditions of the PAD and related Development Agreement, if applicable.
Refer to Section 8.6, Planned Area Development.
a.
As set forth in Section 2.7, Planned Area Development District, for procedural purposes,
each occurrence of the term PAD also refers to all previously approved Community Master
Plans (CMPs) and PADs, including previous CMP and PAD Overlay Districts and CMP and
PAD Zoning Districts, unless otherwise specified.
(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)
1.9. NONCONFORMITIES
1.9.1. General Provisions.
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A.
Purpose. The purpose of Section 1.9 is to regulate and restrict uses, structures, and lots that were
established legally prior to the effective date of this Development Code but do not conform to the
requirements of this Development Code. All situations are collectively referred to in this Section as
"nonconformities." While nonconformities may continue, Section 1.9 is intended to curtail investment
in nonconformities and bring about their eventual elimination in order to preserve the integrity of this
Development Code and the desired character of the City.
B.
Authority to Continue.
1.
Generally. Any nonconformity that lawfully existed as of the effective date of this Development
Code and that remains nonconforming, and any nonconformity that is created as a result of the
adoption of this Development Code or any subsequent amendment to the text of this
Development Code, may be continued or maintained as a nonconformity only in compliance
with the terms of this Section 1.9.
2.
Exception Due to Variances or Minor Modifications. Notwithstanding subsection 1.9.1.B.1,
where a Variance or Minor Modification has been granted that results in a development standard
or feature that does not otherwise conform to the requirements of this Development Code, that
development standard or feature shall be deemed conforming and this Section 1.9 shall not
apply.
C.
Determination of Nonconformity Status. In all cases, the burden of establishing the existence of a
nonconformity shall be solely upon the property owner of the nonconformity, not the City.
D.
Nonconformities Created Through Government Action. If a structure, use of land, use of structure, or
characteristic of use does not comply with the requirements of this Development Code solely as a
result of an acquisition of land or other action by a government agency for a public purpose, then the
structure, use of land, use of structure, or characteristic of use on land not acquired by the government
shall be deemed conforming.
E.
Change of Ownership or Tenancy. Changes of ownership, tenancy, or management of property with an
existing nonconformity may occur, but the nonconformities shall continue to be subject to the
provisions of this Section 1.9.
F.
Maintenance and Minor Repair. Minor repairs or maintenance of nonconformities are allowed,
provided that the minor repairs and maintenance do not increase the extent of nonconformity.
Examples of increasing the extent of nonconformity may include increasing the size of a structure that
encroaches into setbacks or expanding a nonconforming outdoor use to land not previously utilized for
the nonconforming use. For purposes of this Section, "maintenance or minor repair" shall mean:
1.
Repairs that are necessary to maintain and to correct any damage or deterioration to the
structural soundness or exterior or interior appearance of a building or structure without
expanding the building or structure, except in the case of damage or destruction of more than 50
percent of the nonconforming structure as provided in subsection 1.9.2.B;
2.
Maintenance of land areas to protect against health and environmental hazards; and
3.
Repairs that are required to remedy unsafe conditions that cause a threat to public safety.
G.
Abandonment of Nonconforming Uses.
If a nonconforming use is not used for a period of 180 consecutive days after the date it is rendered
nonconforming, then that use shall not be renewed or reestablished and any subsequent use of the
parcel of land or structure shall conform to the regulations of the zoning district in which it is located.
1.9.2. Nonconforming Structures. Where a lawful structure exists at the effective date of adoption or amendment
of this Development Code that could not be built under the terms of this Development Code by reason of
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restrictions on area, lot coverage, height, setbacks, or other characteristics of the structure or its location on
the property, the structure may be continued so long as it remains otherwise lawful, subject to the following
provisions:
A.
Enlargement, Alteration, or Movement.
1.
A nonconforming structure may not be enlarged or altered in a way that increases its
nonconformity, unless expansion of a nonconforming structure is approved through a CUP
approved under Section 8.7, Conditional Use Permits (CUPs), of this Development Code, except
that nonconforming single-family dwellings may be expanded into required setbacks so long as
the expansion does not encroach further into the required setback than the existing building.
2.
Should a nonconforming structure be moved for any reason for any distance whatsoever, it shall
thereafter conform to the regulations for the zoning district(s) in which it is located after it is
moved.
B.
Damage or Destruction.
1.
If a nonconforming structure is damaged or destroyed by any means to an extent greater than 50
percent of its replacement cost at the time of damage or destruction, then the structure shall not
be re-established unless it is made to conform to the requirements of this Development Code.
2.
Where a nonconforming building is damaged by 50 percent or less of its replacement cost at the
time of damage, it may be repaired or restored, provided any repair or restoration is started
within 12 months and is completed within 18 months from the date of partial destruction. The
repair or restoration period may be administratively extended by an additional six months if, in
the opinion of the Zoning Administrator, a compelling reason for the delay exists, including, but
not limited to, a documented inability to obtain necessary materials to complete the repair or
restoration.
3.
The City's Chief Building Official shall determine the above reconstruction costs. The cost of land
or any factors other than the cost of the structure are excluded from the determination of cost of
restoration for any nonconforming structure. Appeal of the Chief Building Official's determination
may be made to the Planning and Zoning Commission following the procedures under Section
8.14, Appeals and Reconsideration or Rehearing of Decisions, of this Development Code.
1.9.3. Nonconforming Uses of Structures and Land.
A.
Nonconforming Use of Structure. If a lawful use of a structure, or of structure and premises in
combination, exists at the effective date of adoption or amendment of this Development Code, the
lawful use may be continued even if the use does not conform to the standards of this Development
Code, so long as it remains otherwise lawful, and subject to the following provisions:
1.
An existing structure devoted to a use not permitted by this Development Code shall not be
enlarged, moved, or altered except by changing the use of the structure to a use permitted in the
district in which it is located, unless expansion of a nonconforming structure devoted to a
nonconforming use is approved through a CUP approved under Section 8.7, Conditional Use
Permits (CUPs), of this Development Code.
2.
Any nonconforming use may be extended throughout parts of a building that were manifestly
arranged or designed for the use at the time of adoption or amendment of this Development
Code, but no use shall be extended to occupy any land outside the building.
3.
When a nonconforming use of a structure is superseded by a permitted use, the permitted use
shall conform to the regulations for the district in which the structure is located, and the
nonconforming use may not be resumed.
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B.
Nonconforming Use of Land. Where, at the effective date of adoption or amendment of this
Development Code, lawful uses of land exist that are no longer permissible under the terms of this
Development Code as enacted or amended, the uses may be continued so long as they remain
otherwise lawful, subject to the following provisions:
1.
A nonconforming use shall not be enlarged, increased, or extended to occupy a greater area of
land than was occupied at the effective date of adoption or amendment of this Development
Code.
2.
A nonconforming use shall not be moved in whole or in part to any other portion of the lot or
parcel occupied by the use at the effective date of adoption or amendment of this Development
Code.
C.
Conditional Uses. A use that received a CUP prior to the effective date of this Development Code and
that is permitted in its entirety as a principal use in the district in which it is located under this
Development Code shall not be deemed a nonconforming use. The use shall be deemed a permitted
principal use, and the conditional use approval shall be null and void.
1.9.4. Uses, Structures, and Lots Rendered Conforming. A use, structure, or lot not lawfully existing at the time of
the adoption of this Development Code can be deemed lawful and conforming as of the effective date of this
Development Code, provided it conforms to all requirements of this Development Code. Any lawfully
approved platted lot shall be deemed conforming even if it does not meet current dimensional standards.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
ARTICLE 2. ZONING DISTRICTS
Buckeye, Arizona, Code of Ordinances
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ARTICLE 2. ZONING DISTRICTS
2.1. DISTRICTS ESTABLISHED; ZONING MAP
Article 2 establishes the City's zoning districts and contains statements of purpose and district-specific regulations
for each of the zoning districts. Article 3, Use Regulations, Article 4, Dimensional Standards, and Article 5,
Development and Design Standards and Guidelines, identify the uses allowed within the zoning districts and the
dimensional and other standards applying to development in the zoning districts, respectively.
2.1.1. Zoning Districts Established. The following zoning districts are established:
Table 2.1-1: Zoning Districts Established
Abbreviation
District Name
Associated General Plan
Land Use Designation(s)
RURAL DISTRICTS
AG
Agricultural
Agriculture (AG)
Rural (R)
Open Space (OS)
R1-43
Single-Family
Residential 43
Agriculture (AG)
Rural (R)
Open Space (OS)
RESIDENTIAL
R1-18
Single-Family 18
Rural (R)
Neighborhood (N)
R1-10
Single-Family 10
Neighborhood (N)
R1-6
Single-Family 6
Neighborhood (N)
R1-3
Single-Family 3
Neighborhood (N)
Activity Center (AC)
R1-1
Single-Family 1
Neighborhood (N)
Activity Center (AC)
MF-1
Multi-Family 1
Neighborhood (N)
Activity Center (AC)
MF-2
Multi-Family 2
Neighborhood (N)
Activity Center (AC)
MH
Mobile Home/RV Park
Rural (R)
MIXED-USE DISTRICTS
NMU
Neighborhood Mixed-Use
Neighborhood (N)
Activity Center (AC)
CMU
Community Mixed-Use
Neighborhood (N)
Activity Center (AC)
RMU
Regional Mixed-Use
Activity Center (AC)
IMU
Industrial Mixed-Use
Activity Center (AC)
DC
Downtown Commercial
Activity Center (AC)
DR
Downtown Residential
Activity Center (AC)
OFFICE AND COMMERCIAL DISTRICTS
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PO
Professional Office
Business Commerce (BC)
Employment (E)
Activity Center (AC)
C-1
Neighborhood
Commercial
Rural (R)
Neighborhood (N)
C-2
Community Commercial
Business Commerce (BC)
Activity Center (AC)
C-3
Regional Commercial
Business Commerce (BC)
Activity Center (AC)
BP
Business Park
Business Commerce (BC)
Employment (E)
Activity Center (AC)
INDUSTRIAL DISTRICTS
I-1
Light Industrial
Employment (E)
I-2
Heavy Industrial
Employment (E)
PLANNED AREA DEVELOPMENT DISTRICT
PAD
Planned Area Development
Any Land Use Designation
OVERLAY DISTRICTS
DOD
Downtown Overlay District
Specific boundary designated
AREOD
Apache Rainbow Employment
Overlay District
Specific boundary designated
AOD
Airport Overlay District
Specific boundary designated
The Zoning Administrator shall determine the compatibility of the respective zoning district to the General Plan
land use designation since all uses identified in the table above are "possible," but not guaranteed. In addition to
the table above, any zoning district may be considered within the Activity Center land use designation, if consistent
with the applicable Specific Area Plan for that Activity Center.
2.1.2. Zoning Map. The zoning districts are shown on the "City of Buckeye Zoning Map" (Zoning Map). The
boundaries of zoning districts established in this Development Code are delineated upon the Zoning Map and
adopted as part of this Development Code. In the event of uncertainty in the exact boundaries of any of the
districts as shown on the Zoning Map, the rules contained in subsection 1.6.2 of this Development Code shall
apply.
2.1.3. Relationship to Overlay Districts. All lands within the City shall be designated as one of the base zoning
districts listed in Sections 2.2 through 2.7. In addition, some lands may be designated as one or more of the
overlay districts listed in Section 2.8. Where the property is designated as an overlay district as well as a base
zoning district, the regulations governing development in the overlay district shall apply in addition to the
regulations governing development in the underlying base district, except to the extent the overlay district
expressly modifies the underlying base district's regulations. In the event of an express conflict between the
two sets of standards, the standards for the overlay district shall control.
(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)
2.2. RURAL DISTRICTS
2.2.1. General Purposes of Rural Districts. The rural districts are intended to:
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A.
Provide standards for existing agricultural, ranching, and other rural uses, as well as annexed rural lands
until suitable redevelopment occurs; and
B.
Provide for appropriately located areas of low-density residential development that are consistent with
the General Plan, existing agricultural, ranching, and other rural uses, and standards for public health,
safety, and general welfare.
2.2.2. Agricultural (AG). The AG District is established to provide for the continued use of land for predominantly
agricultural and/or ranching purposes, and to preserve undeveloped areas until they can feasibly be
developed at urban standards and with adequate public safeguards of health, safety, and welfare.
2.2.3. Single-Family Residential 43 (R1-43). The R1-43 District is established to provide for low-density residential
uses with limited agricultural, animal and ranching privileges and establish a transition area between
agricultural uses and more intense development. The district has a minimum lot size of 43,000 square feet.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
2.3. RESIDENTIAL DISTRICTS
2.3.1. General Purposes of Residential Districts. The residential zoning districts are intended to:
A.
Provide appropriately located areas for residential development that are consistent with the General
Plan and standards for public health, safety, and general welfare;
B.
Allow for a variety of housing types that meet the diverse economic and social needs of current and
prospective residents;
C.
Protect the scale and character of existing residential neighborhoods and community character when
practical;
D.
Provide for connectivity among residential developments so that an interconnected, integrated pattern
of neighborhoods is established; and
E.
Discourage any use that, because of its character or size, would create additional requirements and
costs for public services that are in excess of the requirements and costs if the district were developed
solely for the intended type of residential uses.
Future rezonings to the residential districts should be consistent with the City's plans for water and sanitary sewer
line extensions, as well as expansion of garbage collection services.
2.3.2. Single-Family Residential 18 (R1-18). The R1-18 District is intended to promote and encourage a suitable
environment for residential development on large lots at a low rate of urban population density. Housing
density in the R1-18 District shall be higher than the R1-43 District and lower than the R1-10 District. It is the
intent of this district to encourage the construction of and the continued use of the land for single-family
dwellings, and to prohibit commercial, office, and industrial use, or any other use that would substantially
interfere with development or continuation of single-family dwellings or any use not performing a
neighborhood function. The district has a minimum lot size of 18,000 square feet.
2.3.3. Single-Family Residential 10 (R1-10). The R1-10 District is intended to promote the construction of and the
continued use of the land for single-family dwellings on large lots with a greater density of land use allowed
than in the R1-18 District. The district prohibits commercial and industrial use or any other use that would
substantially interfere with the development or continuation of single-family dwellings in this district. The
district has a minimum lot size of 10,000 square feet.
2.3.4. Single-Family Residential 6 (R1-6). The R1-6 District is intended for single-family dwellings on medium-sized
lots at a higher density than allowed in the R1-18 and R1-10 Districts. The district prohibits commercial and
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industrial use or any other use that would substantially interfere with the development or continuation of
single-family dwellings in this district. The district has a minimum lot size of 6,000 square feet.
2.3.5. Single-Family Residential 3 (R1-3). The R1-3 District is intended for small lot single-family dwellings at a
higher density than allowed in the R1-6 District. In addition to single-family detached and attached homes,
middle housing product types such as two-family homes (duplexes) and townhomes are allowed. The district
prohibits commercial and industrial use or any other use that would substantially interfere with the
development or continuation of single-family dwellings in this district. The district has a minimum lot size of
3,000 square feet.
2.3.6. Residential 1 (R1-1). The R1-1 District is intended for small lot single-family dwellings at a higher density than
allowed in the R1-3 District. In addition to single-family detached and attached homes, middle housing
product types such as two-family homes (duplexes) and townhomes are allowed. The district prohibits
commercial and industrial use or any other use that would substantially interfere with the development or
continuation of single-family dwellings in this district. The district has a minimum lot size of 1,000 square
feet.
2.3.7. Multi-Family 1 (MF-1). The MF-1 District is intended to accommodate the development of multi-family units,
including apartments, condominiums, and bungalow communities, in neighborhoods with medium to high
residential densities. It is the intent of this district, through proper site planning and design, to provide
compatibility of uses in zoning, assure privacy and individuality by adequate screening techniques, protect
adjacent property values, and provide usable open space (exclusive of parking areas and streets).
2.3.8. Multi-Family 2 (MF-2). The MF-2 District is intended to accommodate the development of multi-family units
at urban densities in a mid- or high-rise configuration. This district is intended to be used along major
transportation corridors and within or near business centers but is not intended to be used in the immediate
proximity of single-family residential development at substantially lower densities. It is the intent of this
district to require exceptional site planning and design in order to provide usable open space (exclusive of
parking areas and streets) and minimize visual, privacy, and traffic-related impacts on any adjacent
residential development or open space.
2.3.9. Mobile Home/RV Park (MH). The MH District is intended to encourage the development of properly planned
mobile home/RV parks and subdivisions in residential environments and to establish standards for the size,
design, and quality of mobile home/RV parks.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
2.4. MIXED-USE DISTRICTS
2.4.1. General Purposes of Mixed-Use Districts. Mixed-use districts define the uses of land and the siting and
character of the improvements and structures to promote compatibility between residential and
nonresidential uses. The districts also are intended to encourage redevelopment of underutilized parcels and
infill development of vacant parcels. The mixed-use districts specifically are intended to:
A.
Concentrate higher-density residential development and commercial and office employment efficiently
in and around the Downtown, major employment centers, and other designated centers of community
activity;
B.
Encourage mixed-use and higher-density redevelopment, conversion, and reuse of aging and
underutilized areas, and increase the efficient use of available land in the City;
C.
Create compact and pedestrian-oriented environments that encourage transit use and pedestrian
access;
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D.
Ensure that development in mixed-use areas is of high quality and provides pedestrian scale and
interest through use of varied forms, materials, details, and colors, especially at the ground floor and
second story; and
E.
Ensure that office, commercial, or retail space occupies the majority of the ground-floor area of all
mixed-use buildings.
2.4.2. Neighborhood Mixed-Use (NMU). The NMU District is intended to provide for small, compact
commercial/residential centers within or surrounded by residential areas, compatible in scale and character
with surrounding residential uses, to serve the convenience needs of the immediately surrounding
neighborhood. NMU centers are between one-half to five acres in size. Ground-floor, small-scale retail and
restaurants are encouraged, with upper-story residential and office uses. Continuous commercial frontages,
largely uninterrupted by driveways and parking, are encouraged.
2.4.3. Community Mixed-Use (CMU). The CMU District is intended to provide for community-serving
commercial/residential development at a higher scale than is appropriate for the NMU District. The CMU
District is intended for use along selected corridors and at important nodes in the City on sites of five acres or
larger. The CMU District is intended to include commercial, institutional, recreational, and service facilities
needed to support surrounding neighborhoods and the community at large. Medium- to higher-density
housing shall be incorporated within or located around the district. Development shall facilitate pedestrian
connections between residential and nonresidential uses.
2.4.4. Regional Mixed-Use (RMU). The RMU District is designed to accommodate the highest-intensity mixed-use
development in key areas or nodes as identified in the General Plan. This district is intended to include the
broadest range of uses and serve as a regional activity and employment center. The RMU District is designed
for both pedestrians and automobiles, as well as alternative modes of transportation. This district is intended
to include a mixture of commercial, office, and residential uses.
2.4.5. Industrial Mixed-Use (IMU). The IMU District is designed to accommodate mixed-use industrial development
in key areas or nodes as identified in the General Plan. This district is intended to serve as an employment
center. The IMU District is designed for both automobile and alternative modes of transportation. This
district is intended to include a mixture of industrial uses with related commercial, office, and business park
uses.
2.4.6. Downtown Commercial (DC). The DC District is intended to provide for and encourage development and
redevelopment that preserves and enhances the unique character and vitality of the Downtown. Permitted
uses include public uses, offices, retail, restaurants, entertainment/recreation, and services that are
destination-oriented in nature. Residential uses are also permitted if not the dominant ground floor use
along the area's primary main streets, Monroe Avenue and 4th Street. Design standards focus on creating a
human-scaled, pedestrian-oriented, and walkable Downtown, where automobile-oriented uses, if present,
will be designed to de-emphasize drive-throughs and parking from the perspective of adjacent streets. To be
eligible for DC Zoning, a property must be located within the Downtown Activity Center and be designated as
part of the Downtown Core on Figure 3.1 (Long-Term Future Land Use Framework Plan) of the Downtown
Specific Area Plan (DSAP).
2.4.7. Downtown Residential (DR). The DR District allows for development and redevelopment of properties within
the Downtown Activity Center that are not located adjacent to the area's primary main streets, including
many of the City's older residential neighborhoods. The district allows for a variety of residential uses
including single-family residential, duplexes, and multi-family residential, as well as a tailored list of
compatible commercial and office uses. To be eligible for DR zoning, a property must be located within the
Downtown Activity Center and be designated as Downtown Residential on Figure 3.1 (Long-Term Future
Land Use Framework Plan) of the DSAP.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 37-23, § 3(Att.), 8-1-2023; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
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2.5. OFFICE AND COMMERCIAL DISTRICTS
2.5.1. General Purposes of Office and Commercial Districts. The office and commercial zoning districts generally
are intended to:
A.
Provide appropriately located areas for retail, service, and office uses consistent with the General Plan ;
B.
Strengthen the City's economic base and provide employment opportunities close to home for
residents of the City and surrounding communities; and
C.
Minimize negative impact of nonresidential development on adjacent residential land uses.
2.5.2. Professional Office (PO). The PO District is intended to provide locations for offices and supporting
commercial uses. Activities located in the PO District should have traffic generation characteristics associated
with an office environment; may have supporting retail or other limited commercial uses; should require
limited identification by signage; and should generate virtually no noise, odor, dust, or vibration.
2.5.3. Neighborhood Commercial (C-1). The C-1 District is intended for small, compact commercial uses within or
surrounded by residential areas, compatible in scale and character with surrounding residential uses, to
serve the convenience needs of the immediately surrounding neighborhood.
2.5.4. Community Commercial (C-2). The C-2 District is intended to provide for the development of commercial
corridors with community-serving uses with a three- to five-mile market area. The C-2 District is intended to
provide for a full range of community-oriented retail and service commercial uses but is not intended to
accommodate large-scale commercial or retail uses with a city-wide or regional market area.
2.5.5. Regional Commercial (C-3). The C-3 District is intended primarily for uses that provide commercial goods and
services to residents of the region in areas that are dependent on automobile access and exposed to heavy
automobile traffic. This district is intended to accommodate large-scale commercial or retail uses with a city-
wide or regional market area. For example, high-intensity regional shopping centers on large sites with
multiple buildings are appropriate within the C-3 District. These commercial uses are subject to frequent
view by the public and visitors to the City, and they should provide an attractive appearance with
landscaping, sufficient parking, and controlled traffic movement.
2.5.6. Business Park (BP). The BP District is intended to allow for a mixture of light industrial, office, manufacturing,
and limited retail uses in a business park, industrial park, or campus setting with high-quality site and
building design.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
2.6. INDUSTRIAL DISTRICTS
2.6.1. General Purposes of Industrial Districts. The industrial zoning districts generally are intended to:
A.
Provide appropriately located areas, consistent with the General Plan, for industrial uses;
B.
Strengthen the City's economic base and provide employment opportunities close to home for
residents of the City and surrounding communities; and
C.
Minimize any negative impact of industrial development on adjacent or nearby residential land uses.
2.6.2. Light Industrial (I-1). The I-1 District is intended to provide for light manufacturing, warehousing, processing,
service, storage, wholesale, distribution operations, and research and development uses, with all operations
contained within an enclosed building.
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2.6.3. Heavy Industrial (I-2). The I-2 District is intended to provide for heavy industrial development that has some,
any, or all of the following: (a) potentially noxious impacts, or (b) very heavy truck traffic for supplies,
storage, or shipping, or (c) outdoor storage and operations. Examples include heavy manufacturing, storage,
major freight terminals, waste and salvage, large dairy operations, distribution centers, processing, and other
related uses. The intent is to preserve this land especially for industry in locations with access to major
streets as designated on the General Plan map, as well as locations generally accessible to railroad
transportation. The district is also intended for military uses. Because of the intensive nature of the uses that
may be allowed in this district, a buffer and other site design requirements may be necessary around this
district to protect other zoning districts except the I-1 District.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
2.7. PLANNED AREA DEVELOPMENT DISTRICT
2.7.1. Planned Area Development (PAD). The PAD District is established to provide an alternative to conventional
development and requires approval under the procedures in Section 8.6, Planned Area Developments, of this
Development Code. For the purpose of this Chapter, each occurrence of the term PAD also refers to all
previously approved Community Master Plans (CMPs) and PADs, including previous CMP and PAD Overlay
Districts and CMP and PAD Zoning Districts.
A.
Purpose. The PAD District is intended to accomplish all of the following purposes:
1.
To allow and encourage innovative coordinated land development while maintaining appropriate
limitations on the character and intensity of use, assuring compatibility with adjoining and
proximate properties;
2.
To allow 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;
3.
To ensure that any development impacts that occur through the use of greater flexibility are
mitigated to the greatest extent feasible so as not to create adverse impacts on neighboring
properties or the surrounding neighborhood;
4.
To encourage the provision and preservation of meaningful interconnected open space that can
provide meaningful recreational opportunities or connect to and supplement adjacent open
spaces to provide more valuable public amenities;
5.
To encourage integrated and unified design and function of the various uses comprising the PAD;
6.
To encourage a more productive use of land consistent with the public objectives and standards
of accessibility, safety, infrastructure, and land use compatibility;
7.
To foster a strong sense of community based on the distinctive character of the development
and a shared physical and economic environment; and
8.
To ensure that planned developments function in an integrated fashion with amenities and
benefits and with enhanced design not required or available in standard subdivision
development.
B.
District Conversion.
1.
Any property converted to PAD Zoning District from the Planned Community (PC) Zoning District
will be able to develop according to the existing approved PAD or CMP Overlay District, so long as
the entitlements have not been terminated or extinguished and unless otherwise amended with
a formal application for a PAD Amendment. Any property converted to PAD Zoning District from
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the PC Zoning District that is unplatted will be able to develop according to the development plan
within the approved PAD or CMP Overlay District and Development Agreement, to the extent the
development rights, duties, and obligations have not been terminated or extinguished.
2.
Any property that is converted to PAD Zoning District from the Planned Residential (PR) Zoning
District will be able to develop via an approved Site Plan or plat according to standards and uses
listed in Appendices B and C unless otherwise amended with a formal PAD application. PR lots
smaller than the minimum lot size when converted shall be deemed legal nonconforming.
3.
Any existing PAD or CMP Overlay District without an active Development Agreement undergoing
a Major Amendment is required to rezone to PAD District. Minor Amendments to an existing PAD
or CMP Overlay District, with or without an active Development Agreement, may remain as a
PAD or CMP Overlay District.
2.8. OVERLAY DISTRICTS
2.8.1. Apache-Rainbow Employment Overlay District (AREOD).
A.
Purpose. The Apache-Rainbow Employment Overlay District is established to enhance economic
opportunities, streamline review and approval procedures, and provide an alternative to conventional
industrial development standards within the overlay district. It is the intent of these provisions to
provide context-sensitive design flexibility and enhance land use compatibility between industrial-
employment based uses and adjacent existing and future residential neighborhoods.
B.
Boundaries. The boundaries of the AREOD are established as shown on Figure 2.8-A, generally
bounded by Southern Avenue, Apache Road, the Union Pacific Railroad, and Rainbow Road.
Figure 2.8-A: Apache-Rainbow Employment Overlay District
C.
General Regulations.
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1.
General Applicability. Unless otherwise specifically identified in this subsection, all guidelines
and standards of this Development Code shall apply to all development within the district.
2.
Building Design Standards.
a.
Architectural Character. Large-scale industrial processes often require specialized building
designs which accommodate long-run assembly, manufacturing, research and other
industrial methods. The standards and guidelines of subsections 5.8.2B, 5.8.3.B, 5.8.3.D,
and 5.8.3.E may impact these operations and shall not apply to industrial or manufacturing
uses in buildings over 50,000 square feet within the district. However, designs which
incorporate these standards and guidelines are encouraged.
b.
Preferred Building Structure Wall Materials. Subsection 5.8.3.F shall not apply. The
following materials are preferred for use on exterior building walls, individually or in
combination:
i.
Brick;
ii.
Stone (natural or simulated);
iii.
Painted, stained, or integrally-colored concrete masonry units (CMU), split-face
or ground-face;
iv.
Tilt-up concrete panels, with or without reveals;
v.
Stucco;
vi.
Exterior insulation and finish systems (EIFS);
vii.
Clear and tinted glass;
viii. Tile;
ix.
Wood; and/or
x.
Architectural metal;
Other materials may be used provided they are of comparable quality, durability, and
character, as determined by the Zoning Administrator.
c.
Alternative Wall Materials. The following materials are additional alternative allowed wall
materials for buildings which exceed 50,000 square feet and contain
industrial/manufacturing uses. They may be used individually or in combination with any
material listed in subsection 2.8.1.C.3.b.
i.
Pre-fabricated metal panels; and/or
ii.
Corrugated or rolled metal.
3.
Landscaping.
a.
Site Perimeter Landscaping. Subsection 5.4.3.B shall not apply. A minimum landscape
buffer of up to 150 feet of the required setback shall be provided along all arterial streets
from the edge of the right-of-way.
i.
Under all circumstances, a 50-foot minimum landscaping buffer shall be
provided adjacent to Watson Road right-of-way.
ii.
Except for the buffer adjacent to Watson Road, this buffer may be reduced to
20 feet if buildings which abut the landscape buffer are composed of the
preferred wall materials listed in subsection 2.8.1.C.
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iii.
If the 150-foot buffer is required, outdoor storage and parking may encroach
into the site perimeter landscaping buffer 75 feet, provided that a minimum
six-foot-tall architectural screen wall is located between the outdoor storage
and/or parking and the adjacent right-of-way line. The materials or equipment
stored as outdoor storage or parking shall not exceed the height of the screen
wall.
iv.
This site perimeter landscaping shall count towards the site enhancement
landscaping required by subsection 5.4.3.A.
v.
Drainage facilities may be located within the site perimeter landscaping buffer.
b.
Building Foundation Plantings. Subsection 5.4.3.D shall not apply. All development shall
provide a minimum of one shrub for each eight lineal feet of building façade along all
building façades that are adjacent to or facing public streets or parking areas. Four shrubs
can be replaced with one tree. Plantings may be placed in-ground within 15 feet of the
building façade. As an alternative, required plantings may be placed in adjacent yards to aid
in screening.
c.
Entryways (Landscaping). Subsection 5.4.3.E shall not apply.
4.
Walls, Fencing and Screening. Subsection 5.4.6 shall not apply.
a.
Walls and Fences.
i.
Height. Walls and fences located between the principal structure and street-
side and front property lines shall not exceed six feet in height; additional
height of up to two feet may be granted for retaining walls, sites with elevated
foundations, or to enhance screening of outdoor storage. Walls and fences
located between the principal structure and the rear or side property line shall
not exceed eight feet in height. Columns, pilasters and other narrow features
are allowed to exceed the maximum wall or fence height by eight inches for no
more than two feet of run. Walls utilized in industrially zoned districts may
exceed eight feet if needed to better screen areas from public view as
determined by the Zoning Administrator.
ii.
Articulation. Walls and fences shall be articulated to avoid continuous,
unbroken expanses. Walls and fences facing an arterial or highway may not
extend continuously, without articulation, for more than 200 feet, or 100 feet
for fences facing any other type of public street. Walls and fences may be
articulated using any combination of the following:
(1)
Changes in material or texture, including the use of view walls that allow
for views into the site;
(2)
Offsets (projections or recessions of at least two feet);
(3)
Columns, pilasters or other vertical changes at regular intervals;
(4)
Landscape pockets and/or runs of landscaping along fence lines; and/or
(5)
Similar features as approved.
iii.
Wall and Fence Materials. Walls and fences shall be constructed with any
combination of the following materials:
(1)
Integrally-colored, split-face, or ground-face concrete masonry units
(CMU);
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(2)
Concrete masonry units (CMU) that have been painted, stuccoed, or
faced with another allowed material;
(3)
Stone (natural or simulated);
(4)
Brick;
(5)
Wrought-iron or other decorative metal; and/or
(6)
Chain-link fencing (industrial/manufacturing uses only that are not visible
from freeways, arterial, and collector streets).
iv.
Wall and Fence Placement. Walls and fences may be placed within the public
right-of-way.
b.
Screening of Refuse Collection and Mechanicals.
i.
Solid waste collection areas and ground-level mechanical equipment shall be
screened from the view of a six-foot tall person standing on the property line
on the far side of an adjacent public street.
ii.
Individual screening of rooftop mechanical equipment is prohibited. Best
efforts shall be taken so that rooftop units are either grouped together and
screened "penthouse style" or screened with a parapet wall the entire length of
the building. This screening design shall be consistent with the architecture of
the building, and parapet wall design shall be integral to the overall
architecture of the building.
c.
Screening of Services and Impact Mitigation. Loading docks, truck parking, outdoor
storage, trash collection, trash compaction, and other service functions shall be
incorporated into the overall design of the building and landscaping so that the acoustic
impacts of these functions are contained to the maximum extent feasible, and so that the
features are fully screened and out of view from public streets. Use screening materials for
solid waste collection and loading areas that are the same and of equal quality to the
materials used for the primary building and landscaping.
d.
Screening of Utilities. All site utilities shall be located underground, including but not
limited to electric lines less than 69kV, telephone, cable, water, and sewer systems, per
applicable utility requirements and specifications. Where feasible, locate above-ground
utility facilities, such as utility cabinets and meters, in areas that do not conflict with site
circulation or visibility areas. Screen these facilities with dense landscaping or decorative
fences and/or integrate into the building design as appropriate.
D.
General Procedures.
1.
General Applicability. Unless otherwise specifically identified in this subsection, all procedures of
Article 8, Review and Approval Procedures, shall apply to all development within the district.
2.
Review Procedures and Criteria.
a.
Site Plan, Landscaping and Building Design Review Procedures. Section 8.9 shall not apply.
A conceptual Site Plan, Landscape Plan, and building elevations shall be submitted for
administrative review and approval by the Zoning Administrator. Site Plan, Landscape Plan,
and building design approval constitutes authorization for submittal of final construction
and civil improvement plans and reports.
2.8.2. Airport Overlay District (AOD).
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A.
Purpose. The Airport Overlay District (AOD) is established to enhance economic opportunities,
streamline review and approval procedures, and provide aviation specific development standards
within the overlay district.
B.
Boundaries. The boundaries of the AOD are established as shown on Figure 2.8-B, generally bounded
by West Yuma Road to the north, South Palo Verde Road to the east, West Elwood Street alignment to
the south, and South Bruner Road alignment to the west. Boundaries are subject to change as the
airport acquires additional real property for airport expansion and development.
Figure 2.8-B: Airport Overlay District (AOD)
C.
General Regulations.
1.
General Applicability. Unless otherwise specifically identified in this subsection, all guidelines
and standards of this Development Code shall apply to all development within the district.
2.
Building Design Standards.
a.
Architectural Character.
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Aeronautical Related Uses. Aeronautical uses often require specialized building designs
which accommodate hangars, offices, fueling facilities, warehouses, and other aviation-
related structures that require direct or indirect access to taxiways and the runway. The
standards and guidelines of Section 5.8 may impact these operations and shall not apply to
buildings with aeronautical uses within the district. However, designs which incorporate
these standards and guidelines are encouraged where practical in compliance with the
Airport Layout Plan (ALP) as amended.
Non-aeronautical Uses. Located primarily along the frontage of Palo Verde Road, non-
aeronautical uses such as restaurants, commercial offices, aviation related businesses, and
retail that do not require airport access, as determined by the Aviation Director and as
shown on the ALP, will follow the zoning regulations of the underlying zoning district and
will be subject to the provisions of Section 5.8 where compatible with the ALP. Any future
area plans that address design and development will apply to the non-aeronautical uses as
described herein.
b.
Preferred Building Wall Materials for Aviation Related Uses. Subsection 5.8.3.F. shall not
apply. The following materials are preferred for use on exterior building walls, individually
or in combination:
i.
Brick;
ii.
Stone (natural or simulated);
iii.
Painted, stained, or integrally-colored concrete masonry units (CMU), split-face
or ground-face;
iv.
Concrete walls (prefabricated, cast in place, tilt up, etc.);
v.
Smooth finish stucco or EIFS, used sparingly and accompanied by other finish
materials such as brick or metal; and/or
vi.
Double paned, low E coated and/or tinted window glazing, which shall be
angled downward or perpendicular to the ground plane to reduce glare.
c.
Prohibited Exterior Building Materials. The following materials shall not be used within the
entire AOD, unless otherwise authorized by the Aviation Director:
i.
Wood materials on the exterior of any building, except for decorative accents;
ii.
Galvanized roofing materials due to reflectivity;
iii.
Fabric on the exterior of the building envelope;
iv.
Chrome or other highly polished reflective materials that may cause glare;
v.
Asphalt or wood shingles;
vi.
Ballasted or asphaltic roofing; and
vii.
Solar panels, unless they can be certified to pass all glare requirements as
noted in Federal Register 78 FR 63726, FAA Interim Policy for Solar Energy
System Projects on Federally Obligated Airports.
d.
Alternative Building Wall Materials. The following materials are allowed wall materials for
aeronautical structures. They may be used individually or in combination with any material
listed in Section 2.8.2.C.2.b.
i.
Pre-fabricated metal panels; and/or
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ii.
Corrugated or rolled metal.
e.
Pre-engineered Buildings. Pre-engineered buildings are allowed structures within the AOD
for use on aeronautical facilities (hangars) or other similar facilities within the AOD as
determined by the Aviation Director.
3.
Landscaping. The requirements of Section 5.4 shall not apply to the AOD. Landscaping within the
AOD is modified from standard requirements for reasons of safety and security. The following
shall apply:
a.
Aeronautical Area. Landscaping is limited to plants less than 18 inches in height that do not
require irrigation, pavement, or landscape rock. All proposed landscaping shall be free of
materials that can be ingested by aircraft engines, known as foreign object debris (FOD).
b.
Non-Aeronautical Area. A "xeriscape" approach to landscaping shall be utilized that
provides an uncluttered, clean, and orderly representation of the Southwest Desert;
however, plantings shall not attract wildlife or birds.
c.
Air/Non-Aeronautical Buffer. Due to the need to provide visual surveillance from the non-
aeronautical side to the aeronautical side, there shall be a 20-foot buffer on the non-
aeronautical side for any proposed plantings. Trees planted outside the 20-foot boundary
shall remain trimmed to seven feet clear and in no case shall the mature canopy be greater
than 20 feet in diameter. Within the 20-foot buffer, all plantings are limited to 18 inches in
height. See Figure 2.8-C.
Figure 2.8-C:Landscape Buffer
4.
Walls, Fencing and Screening.
a.
Subsection 5.4.6 shall not apply to aeronautical areas as defined by the ALP.
b.
Non-Aeronautical Area Walls and Fences.
i.
Height. Walls and fences located between a structure and street-side property
lines shall not exceed six feet in height. Additional height of up to two feet may
be granted for retaining walls, sites with elevated foundations, security
measures, or to enhance screening of outdoor storage. Walls and fences
located between structures and the rear or side property line shall not exceed
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eight feet in height. Columns, pilasters, and other narrow features are allowed
to exceed the maximum wall or fence height by eight inches for no more than
two feet of run.
ii.
Articulation. Walls and fences shall be articulated to avoid continuous,
unbroken expanses. Walls and fences facing an arterial or highway may not
extend continuously, without articulation, for more than 200 feet, or 100 feet
for walls and fences facing any other type of public street. Walls and fences
may be articulated using any combination of the following:
(1)
Changes in material or texture, including the use of view walls that allow
for views into the site;
(2)
Offsets (projections or recessions of at least two feet);
(3)
Columns, pilasters, or other vertical changes at regular intervals; and/or
(4)
Landscape pockets and/or runs of landscaping along wall or fence lines;
or similar features as approved by staff.
iii.
Wall and Fence Materials. Walls and fences shall be constructed with any
combination of the following materials:
(1)
Integrally-colored, split-face, or ground-face concrete masonry units
(CMU);
(2)
Concrete masonry units (CMU) that have been painted, stuccoed, or
faced with another allowed material;
(3)
Stone (natural or simulated);
(4)
Brick;
(5)
Wrought-iron or other decorative metal; and/or
(6)
Minimum six-foot tall chain-link fencing with three strand barbed wire.
Where fencing is required along South Palo Verde Road due to non-
aeronautical land lease development that would require access to South
Palo Verde Road, subsections (1) through (5) would be required;
however, the interior border separating aeronautical activity of the land
leased non-aeronautical parcels may use a minimum six-foot tall chain-
link fencing with three strand barbed wire, as approved by the Aviation
Director.
iv.
Wall and Fence Placement. Walls and fences may not be placed within the
public right-of-way.
c.
Aeronautical/Non-Aeronautical Area Requirements. Fencing that separates the
aeronautical and non-aeronautical areas shall meet FAA security fencing requirements
(FAA Advisory Circular 150/5370-10G, Change 8, as amended). Construction or climbable
objects on the non-aeronautical side will not be closer than 10 feet to any aeronautical
area's perimeter fencing.
d.
Screening of Refuse Collection and Mechanicals.
i.
Solid waste collection areas and ground-level mechanical equipment shall be
screened from the view. Solid waste and ground-level mechanical equipment
enclosures shall be located on the non-aeronautical side of the hangar fence to
allow collection and/or servicing from the vehicle access road.
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Page 16 of 18
ii.
Individual screening of rooftop mechanical equipment is prohibited. Best
efforts shall be taken to screen rooftop equipment from the perspective of
adjacent public rights-of-way so that rooftop units are either grouped together
and screened "penthouse style" or screened with a parapet wall the entire
length of the building. This screening design shall be consistent with the
architecture of the building, and parapet wall design shall be integral to the
overall architecture of the building.
e.
Screening of Services and Impact Mitigation. Outdoor storage, trash collection, trash
compaction, and other service functions shall be incorporated into the overall design of the
building and landscaping so that the acoustic impacts of these functions are contained to
the maximum extent feasible, and so that the features are fully screened and out of view
from public streets. Use screening materials for solid waste collection and loading areas
that are the same and of equal quality to the materials used for the primary building and
landscaping.
f.
Screening of Utilities. All site utilities shall be located underground, including but not
limited to electric lines less than 69kV, telephone, cable, water, and sewer systems, per
applicable utility requirements and specifications. 69kV and larger electric lines will be
undergrounded when interfering with airport operations as determined by the Aviation
Director. Where feasible, locate above-ground utility facilities, such as utility cabinets and
meters, in areas that do not conflict with site circulation or visibility areas. Screen these
facilities with dense landscaping or decorative fence and/or integrate into the building
design as appropriate.
D.
General Procedures.
1.
General Applicability. Unless otherwise specifically identified in this subsection, all procedures of
Article 8, Review and Approval Procedures, shall apply to all development within the district.
2.
Review Procedures and Criteria.
a.
Site Plan, Landscaping, and Building Design Review Procedures for Aeronautical Uses.
Section 8.9 shall not apply. A conceptual Site Plan, Landscape Plan, and building elevations
shall be submitted for administrative review and approval by the Zoning Administrator and
the Aviation Director. Site Plan, Landscape Plan, and building design approval constitutes
authorization for submittal of final construction and civil improvement plans and reports.
2.8.3. Downtown Overlay District (DOD). The Downtown Overlay District (DOD) is established to preserve and
enhance Downtown’s unique, rural, and historic character in accordance with the DSAP. The DOD also
protects the identity of a Downtown main street, developing standards and creating allowances that
promote an economically viable part of the City by encouraging revitalization with new commercial and
residential infill development. Downtown reflects a pedestrian and mixed-use emphasis.
A. Downtown Boundary. The boundaries of the DOD are generally Miller Road on the west, Maricopa Road
on the north, 239th Avenue (alignment) on the east, and Irwin Avenue/Beloat Road on the south, shown
in Figure 2.8-D below.
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(Supp. No. 20, Update 2)
Page 17 of 18
Figure 2.8-D: Downtown Overlay District (DOD)
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 12-16, § 1(Att.), 6-7-2016; Ord. No. 06-22, § 3, 4-5-2022; Ord. No. 01-24,
§ 3(Exh. A, B), 2-20-2024)
2.9. OBSOLETE DISTRICTS
The zoning districts in this subsection are carried forward from prior superseded editions of this
Development Code. No future rezonings may occur to any of the obsolete districts listed in this subsection.
Development on property having an obsolete zoning district classification is allowed subject to the development
standards in Appendix B and occupied by uses in Appendix C; compliance with the design standards listed in Article
5 is also required. The City strongly recommends that any new project that moves forward with a development
proposal within an obsolete district rezone to the conversion districts shown below and in Table 2.9-1. All
rezonings to suggested conversions will be deemed compatible with the General Plan.
2.9.1. Rural Residential (RR) May Be Converted to AG District. The RR District is designed to accommodate low-
density residential development in outlying areas where all public services may not be available.
2.9.2. Planned Residential (PR) With an Approved Plat May Be Converted to PAD District. Without a Plat May Be
Converted to R1-6 District. The PR District is designed to accommodate all subdivided residential
developments to which public services are available.
2.9.3. Mixed Residential (MR) May Be Converted to NMU District. The MR is designed to accommodate both
single- and multiple-family residential development, historic residential neighborhoods, and compatible
commercial uses.
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Page 18 of 18
2.9.4. Planned Community (PC) With an Approved PAD or CMP Overlay District May Be Converted to PAD
District. Without Approved PAD or CMP Overlay District May Be Converted to R1-43 District. The PC
District is designed to accommodate all land uses approved as part of a PAD or CMP, where specific uses,
public services, densities, and design criteria have been identified and adopted.
2.9.5. Commercial Center (CC) May Be Converted to CMU District. The CC District is designed to accommodate a
variety of commerce and specialized development, including commercial uses that comprise the Central
Business District of the City.
2.9.6. General Commerce (GC) May Be Converted to IMU District. The GC District is designed to accommodate
general commercial and employment uses and compatible industrial uses to which public services are
available.
2.9.7. Special Use (SU) May Be Converted to AG District Outside of the Historic Downtown. Inside the Historic
Downtown May Be Converted to DR District. The SU District is designed to accommodate uses in natural
hazard or floodplain areas or those under public ownership where development may not be possible
because of flooding or other constraints or if development is possible, it is sponsored by the City as a public
purpose.
TABLE 2.9-1
OBSOLETE DISTRICT CONVERSION SUMMARY
Current Obsolete District
Condition
Conversion
Rural Residential (RR)
NA
Agriculture (AG)
Planned Residential (PR)
Approved Plat
Planned Area Development
(PAD)
Planned Residential (PR)
No Approved Plat
Single-Family (R1-6)
Mixed Residential (MR)
NA
Neighborhood Mixed-Use
(NMU)
Planned Community (PC)
Approved PAD or CMP Overlay
District
Planned Area Development
(PAD)
Planned Community (PC)
No Approved PAD or CMP
Overlay District
Rural (R1-43)
Commercial Center (CC)
NA
Community Mixed-Use (CMU)
General Commerce (GC)
NA
Industrial Mixed-Use (IMU)
Special Use (SU)
Not in Historic Downtown
Agriculture (AG)
Special Use (SU)
In Historic Downtown
Downtown Residential (DR)
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
ARTICLE 3. USE REGULATIONS
Buckeye, Arizona, Code of Ordinances
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Page 1 of 73
ARTICLE 3. USE REGULATIONS
Created: 2024-07-26 11:50:35 [EST]
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Page 2 of 73
3.1. TABLE OF ALLOWED USES
Table 3.1-1 lists the principal uses allowed within all base zoning districts. Each of the listed uses is defined in
Article 3, Section 3.5, Definitions of Use Categories and Specific Use Types.
3.1.1. Explanation of Table Abbreviations.
A.
Permitted Uses. "P" in a cell indicates that the use is allowed by right. Permitted uses are subject to all
other applicable regulations of this Development Code, including the use-specific standards in Section
3.2, the dimensional standards in Article 4, Dimensional Standards, and the requirements of Article 5,
Development and Design Standards and Guidelines.
B.
Conditional Uses.
1.
"C" in a cell indicates that in the respective zoning district the use is allowed only if reviewed and
approved in compliance with the procedures of Section 8.7, Conditional Use Permits. Conditional
uses are subject to all other applicable regulations of this Development Code, including the use-
specific standards in Section 3.2, the dimensional standards in Article 4, Dimensional Standards,
and the requirements of Article 5, Development and Design Standards and Guidelines.
2.
The "C" designation in Table 3.1-1: Table of Allowed Uses in a given zoning district does not
constitute an authorization or an assurance that the use will be permitted. Rather, each
Conditional Use Permit (CUP) application shall be evaluated as to its probable effect on adjacent
properties and surrounding areas, among other factors, and may be approved or denied in
compliance with the procedures in Section 8.7, Conditional Use Permits.
C.
Prohibited Uses. A blank cell indicates that the use is prohibited in the respective zoning district.
D.
Use-Specific Standards. Regardless of whether a use is allowed by right or as a conditional use,
additional standards may be applicable to the use. Use-specific standards are noted through a cross-
reference. Cross-references in the last column of the table refer to Section 3.2, Use-Specific Standards.
These standards apply in all zoning districts unless otherwise specified.
3.1.2. Table Organization. In Table 3.1-1: Table of Allowed Uses, land uses and activities are classified into general
"use categories" and specific "use types" based on common functional, product, or physical characteristics
such as the type and amount of activity, the type of customers or residents, how goods or services are sold
or delivered, and site conditions. This classification provides a systematic basis for assigning present and
future land uses into appropriate zoning districts. This classification does not list every use or activity that
may appropriately exist within the categories. Certain uses may be listed in one category when they may
reasonably have been listed in one or more other categories. The use categories are intended merely as an
indexing tool and are not regulatory.
3.1.3. Use for Other Purposes Prohibited. Approval of a use listed in Table 3.1-1: Table of Allowed Uses, and
compliance with the applicable use-specific standards for that use, authorizes that use only. Development or
use of a property for any other use not specifically allowed in Table 3.1-1 and approved under the
appropriate process is prohibited.
3.1.4. Classification of New and Unlisted Uses. When application is made for a use category or use type that is not
specifically listed in Table 3.1-1:Table of Allowed Uses, the following procedure shall be followed:
A.
The Zoning Administrator shall provide an interpretation as to the use category and/or use type into
which the use should be placed. In making the interpretation, the Zoning Administrator shall consider
its potential impacts, including but not limited to: the nature of the use and whether it involves a
dwelling activity; sales; processing; the type and nature of the product, how it is stored and quantity of
product; enclosed or open storage; anticipated employment; transportation requirements; the amount
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of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and, the general
requirements for public utilities such as water and sanitary sewer.
B.
Appeal of the Zoning Administrator's decision may be made to the Planning and Zoning Commission
following the procedures in Section 8.14, Appeals and Reconsideration or Rehearing of Decisions.
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Page 4 of 73
3.1.5.
Table of Allowed Uses.
Table 3.1-1: TABLE OF ALLOWED USES
P=Permitted C=Conditional Use Blank cell = Use is prohibited
Use
Category
Use Type
RESIDENTIAL
MIXED-USE
NONRESIDENTIAL
AG
R1-43
R1-18
R1-10
R1-6
R1-3
R1-1
MF- 1
MF- 2
MH
NMU
CMU
RMU
IMU
DC
DR
PO
C- 1
C-2
C-3
BP
I -1
I -2
Use
Standards
RESIDENTIAL USES
Household
Living
Accessory
Dwelling Unit
P
P
P
P
P
P
P
P
P
3.3.4.A
Bungalow
community
P
Dwelling,
duplex
P
P
P
P
P
P
P
P
P
3.2.1.E
Dwelling,
fourplex
P
P
P
P
P
3.2.1.E
Dwelling,
live/work
P
5.13.4.J.3
Dwelling,
mfd. home
P
P
P
P
P
P
P
P
3.2.1.B
Dwelling,
mobile home
P
3.2.1.C
Dwelling,
multi-family
P
P
P
P
P
P
P
Dwelling,
single-family
attached
P
P
P
P
P
Dwelling,
single-family
detached
P
P
P
P
P
P
P
C
P
Dwelling,
townhome
P
P
P
P
P
3.2.1.E
Dwelling,
triplex
P
P
P
P
3.2.1.E
Dwelling,
zero lot line
P
P
P
P
P
P
3.2.1.G
Mfd.
home/mobile
P
3.2.1.D
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Page 5 of 73
Table 3.1-1: TABLE OF ALLOWED USES
P=Permitted C=Conditional Use Blank cell = Use is prohibited
Use
Category
Use Type
RESIDENTIAL
MIXED-USE
NONRESIDENTIAL
AG
R1-43
R1-18
R1-10
R1-6
R1-3
R1-1
MF- 1
MF- 2
MH
NMU
CMU
RMU
IMU
DC
DR
PO
C- 1
C-2
C-3
BP
I -1
I -2
Use
Standards
home
subdivision
Mobile home
park
P
3.2.1.F
Group
Living
Refer to
Section 3.5
for buffering
distances if
applicable
Assisted
living,
commercial
P
P
P
P
P
P
P
Assisted
living,
residential
P
P
P
P
P
P
P
P
P
C
C
C
C
C
Boarding
house/guest
room
P
C
C
C
C
C
C
Group home
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Group
recovery
home
C
C
C
C
C
C
C
C
C
C
C
C
C
Nursing
home
C
C
C
C
C
C
P
P
P
Shelter care
facility
P
P
P
P
C
C
C
C
P
P
P
Shelter care
facility,
homeless
C
C
C
C
C
C
C
C
C
C
C
P
PUBLIC/INSTITUTIONAL USES
Community
Service
Cemetery
P
C
C
C
C
C
C
P
P
3.2.2.B
Crematorium
or funeral
parlor
P
P
C
P
P
Government
admin. and
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
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Page 6 of 73
Table 3.1-1: TABLE OF ALLOWED USES
P=Permitted C=Conditional Use Blank cell = Use is prohibited
Use
Category
Use Type
RESIDENTIAL
MIXED-USE
NONRESIDENTIAL
AG
R1-43
R1-18
R1-10
R1-6
R1-3
R1-1
MF- 1
MF- 2
MH
NMU
CMU
RMU
IMU
DC
DR
PO
C- 1
C-2
C-3
BP
I -1
I -2
Use
Standards
civic
buildings
Government
maintenance
and
operations
yards/
buildings
C
C
P
P
P
Public safety
facility
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Social
service
facility
C
C
P
P
P
P
P
P
P
P
P
P
Child Care
Facility
Day care,
commercial
C
C
P
P
P
C
P
P
P
P
P
P
C
Day care,
residential
P
P
P
C
C
C
C
P
P
P
P
P
P
Health Care
Facility
Hospital
C
C
C
C
C
C
P
P
P
Medical
office or
clinic
P
P
P
P
P
P
P
P
P
P
Wireless
Facilities
Alternative
tower
structure
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3.2.2.D
Amateur
radio
antennae
P
P
P
P
P
P
3.2.2.D
Amateur
radio
antennae
greater than
35 feet in
height
C
C
C
C
C
C
3.2.2.D
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Page 7 of 73
Table 3.1-1: TABLE OF ALLOWED USES
P=Permitted C=Conditional Use Blank cell = Use is prohibited
Use
Category
Use Type
RESIDENTIAL
MIXED-USE
NONRESIDENTIAL
AG
R1-43
R1-18
R1-10
R1-6
R1-3
R1-1
MF- 1
MF- 2
MH
NMU
CMU
RMU
IMU
DC
DR
PO
C- 1
C-2
C-3
BP
I -1
I -2
Use
Standards
Broadcasting
or recording
studio (no
tower)
P
P
P
P
P
P
P
P
P
P
3.2.2.D
Cell on
wheels
(COW)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3.2.2.D
Satellite
earth station
C
P
P
P
P
3.2.2.D
Tower
(including
any facility
with a tower)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3.2.2.D
Wireless
facility not
defined in
this Article
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
3.2.2.D
Transporta-
tion Facility
Airport
C
C
C
C
Bus terminal
P
C
C
P
P
P
P
Heliport
C
C
C
C
C
C
P
P
P
C
Utility
Battery
Energy
Storage
System
(BESS)
C
C
P
P
3.2.2.A
Solar
generation
station
P
P
C
P
P
3.2.2.C
Utility
facility,
major
C
C
C
C
C
C
C
P
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Page 8 of 73
Table 3.1-1: TABLE OF ALLOWED USES
P=Permitted C=Conditional Use Blank cell = Use is prohibited
Use
Category
Use Type
RESIDENTIAL
MIXED-USE
NONRESIDENTIAL
AG
R1-43
R1-18
R1-10
R1-6
R1-3
R1-1
MF- 1
MF- 2
MH
NMU
CMU
RMU
IMU
DC
DR
PO
C- 1
C-2
C-3
BP
I -1
I -2
Use
Standards
Utility
facility,
minor
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
RECREATION, EDUCATION, AND ASSEMBLY USES
Assembly
Assembly
hall, private
C
C
P
C
P
P
P
P
P
3.2.3.B
Assembly
hall, public
C
C
C
C
C
C
C
C
C
C
P
C
P
P
P
P
P
P
C
3.2.3.B
Auditorium,
private
P
P
C
P
P
P
P
3.2.3.B
Community
recreation
center
P
P
P
P
P
P
P
P
P
P
P
P
P
C
P
P
P
Country club,
private
membership
P
P
P
P
P
P
P
P
3.2.3.B
Event venue
C
C
C
P
C
P
P
P
3.2.3.B
Fraternal or
social club,
nonprofit
C
C
P
P
C
P
P
P
P
P
3.2.3.B
Religious
Assembly
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3.2.3.B
Cultural
Facility
Art gallery
or museum,
public
P
P
P
P
P
P
C
P
P
P
P
Library,
public
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Education
Private
college or
university
C
C
P
P
P
C
C
P
P
Private
elementary
P
P
P
P
P
P
P
P
C
P
C
C
C
C
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Page 9 of 73
Table 3.1-1: TABLE OF ALLOWED USES
P=Permitted C=Conditional Use Blank cell = Use is prohibited
Use
Category
Use Type
RESIDENTIAL
MIXED-USE
NONRESIDENTIAL
AG
R1-43
R1-18
R1-10
R1-6
R1-3
R1-1
MF- 1
MF- 2
MH
NMU
CMU
RMU
IMU
DC
DR
PO
C- 1
C-2
C-3
BP
I -1
I -2
Use
Standards
or middle
school
Private high
school
P
P
P
P
P
P
P
P
C
P
C
C
C
P
Parks and
Open Space
Arboretum
or botanical
garden
P
C
C
C
C
P
P
C
P
P
P
C
P
P
3.2.3.A
Campground
P
C
C
Community
playfields
and parks
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Parks and
nature
preserves,
not-for-profit
P
P
P
Recreation
and
Entertain-
ment,
Outdoor
General
outdoor
recreation,
commercial
C
P
C
P
P
P
P
Golf course,
unlighted
P
P
P
P
P
P
P
P
P
P
C
P
P
P
P
P
Golf course/
driving
range,
lighted
C
C
C
C
C
C
C
C
C
P
C
P
P
P
P
P
Major enter-
tainment
facility,
outdoor
C
C
P
C
C
P
P
C
Race track
(auto, dog,
and horse)
C
C
C
C
C
C
RV
campground
P
P
3.2.4.F
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Table 3.1-1: TABLE OF ALLOWED USES
P=Permitted C=Conditional Use Blank cell = Use is prohibited
Use
Category
Use Type
RESIDENTIAL
MIXED-USE
NONRESIDENTIAL
AG
R1-43
R1-18
R1-10
R1-6
R1-3
R1-1
MF- 1
MF- 2
MH
NMU
CMU
RMU
IMU
DC
DR
PO
C- 1
C-2
C-3
BP
I -1
I -2
Use
Standards
RV park
P
P
3.2.4.G
Shooting
range,
outdoor
C
C
Zoo
C
C
C
C
Recreation
and
Entertainme
nt, Indoor
Art gallery
or museum,
private
C
C
P
P
P
P
P
P
C
P
P
P
C
Fitness and
recreational
sports center
C
C
P
P
P
C
P
P
P
P
P
P
P
P
P
General
indoor
recreation,
commercial
C
P
P
C
P
P
P
P
P
P
Major enter-
tainment
facility,
indoor
C
P
C
P
P
P
P
P
P
Movie
theater
C
P
P
P
P
P
C
COMMERCIAL USES
Agriculture
and
Ranching
Agriculture
P
P
3.2.4.A
Commercial
ranch
P
P
3.2.4.A
Dairy
P
C
P
3.2.4.A
Meat
processing
P
3.2.4.A
Residential
ranch
P
P
3.2.4.A
Animal
hospital
P
C
P
C
C
P
P
Created: 2024-07-26 11:50:35 [EST]
(Supp. No. 20, Update 2)
Page 11 of 73
Table 3.1-1: TABLE OF ALLOWED USES
P=Permitted C=Conditional Use Blank cell = Use is prohibited
Use
Category
Use Type
RESIDENTIAL
MIXED-USE
NONRESIDENTIAL
AG
R1-43
R1-18
R1-10
R1-6
R1-3
R1-1
MF- 1
MF- 2
MH
NMU
CMU
RMU
IMU
DC
DR
PO
C- 1
C-2
C-3
BP
I -1
I -2
Use
Standards
Animal
Sales and
Services
Animal pet
shop, retail
P
P
P
C
P
P
P
P
P
Animal
training
school
P
P
C
C
P
C
P
P
P
Kennel,
indoor only
P
P
P
P
C
P
P
P
Kennel,
indoor/
outdoor
P
P
C
C
Veterinary
clinic
P
P
P
P
P
P
P
P
P
P
P
Financial
Service
Financial
institution,
with drive-
through
C
P
P
P
P
Financial
institution,
without
drive-
through
P
P
P
P
P
P
P
P
P
P
P
Nontradition
al financial
institutions
C
C
C
C
C
P
3.2.4.E
Food and
Beverage
Service
Bar, lounge,
or tavern
P
P
P
C
P
P
P
P
P
Catering
service
P
C
Drive-in
restaurant
C
P
P
P
Farmers
market
P
P
P
P
P
P
P
C
P
P
Created: 2024-07-26 11:50:35 [EST]
(Supp. No. 20, Update 2)
Page 12 of 73
Table 3.1-1: TABLE OF ALLOWED USES
P=Permitted C=Conditional Use Blank cell = Use is prohibited
Use
Category
Use Type
RESIDENTIAL
MIXED-USE
NONRESIDENTIAL
AG
R1-43
R1-18
R1-10
R1-6
R1-3
R1-1
MF- 1
MF- 2
MH
NMU
CMU
RMU
IMU
DC
DR
PO
C- 1
C-2
C-3
BP
I -1
I -2
Use
Standards
Food sales,
wholesale
P
P
P
Food Truck
Court
(Mobile food
vendor)
C
C
Nightclub
C
C
C
P
P
P
P
Restaurant,
with drive-
through
P
P
P
P
Restaurant,
without
drive-
through
P
P
P
P
P
P
P
P
P
P
Office
Data Center
C
C
C
C
C
Office,
business or
professional
P
P
P
P
P
P
P
P
P
P
P
P
Research
laboratory
P
P
P
P
C
P
P
P
P
Personal
Services
Dry cleaning
and laundry
processing
P
P
P
General
personal
services
P
P
P
P
P
P
P
P
P
Instructional
services or
trade school
C
P
P
P
P
P
P
P
P
P
P
P
Retail
(Sales)
Alcoholic
beverages,
retail sale
P
P
P
P
P
P
P
Created: 2024-07-26 11:50:35 [EST]
(Supp. No. 20, Update 2)
Page 13 of 73
Table 3.1-1: TABLE OF ALLOWED USES
P=Permitted C=Conditional Use Blank cell = Use is prohibited
Use
Category
Use Type
RESIDENTIAL
MIXED-USE
NONRESIDENTIAL
AG
R1-43
R1-18
R1-10
R1-6
R1-3
R1-1
MF- 1
MF- 2
MH
NMU
CMU
RMU
IMU
DC
DR
PO
C- 1
C-2
C-3
BP
I -1
I -2
Use
Standards
Building
materials
sales, indoor
retail
P
P
P
P
P
P
P
3.2.4.B
Convenience
store with
gas sales
C
P
P
P
P
P
P
C
P
C
Feed store
P
C
C
P
P
General
retail
P
P
P
P
P
P
P
P
P
3.2.4.C
Large format
retail
P
P
P
C
3.2.4.D
Nursery and
plant sales,
wholesale
P
P
P
C
P
P
Open-air
market or
flea market
P
P
C
C
C
Plant sales,
retail
P
P
P
P
C
P
P
P
Sexually
oriented
business
C
C
C
C
3.2.4.H
Tobacco-
Oriented
Retailer
C
P
P
C
C
P
P
3.2.4.I
Visitor
Accommoda
tions
Bed and
breakfast
C
C
C
C
C
C
C
C
C
P
P
P
C
C
P
P
Hotel or
motel
C
P
P
C
P
C
P
P
P
P
Resort
C
P
P
P
P
Created: 2024-07-26 11:50:35 [EST]
(Supp. No. 20, Update 2)
Page 14 of 73
Table 3.1-1: TABLE OF ALLOWED USES
P=Permitted C=Conditional Use Blank cell = Use is prohibited
Use
Category
Use Type
RESIDENTIAL
MIXED-USE
NONRESIDENTIAL
AG
R1-43
R1-18
R1-10
R1-6
R1-3
R1-1
MF- 1
MF- 2
MH
NMU
CMU
RMU
IMU
DC
DR
PO
C- 1
C-2
C-3
BP
I -1
I -2
Use
Standards
MARIJUANA USES
Marijuana
Sales and
Cultivation
Dual License
Marijuana
Establishment
C
3.2.5.A.3
Medical
Marijuana
Dispensary
C
3.2.5.A.1
Medical
Marijuana
Dispensary,
Offsite
Cultivation
Location
C
3.2.5.A.2
VEHICLE SALES AND SERVICES USES
Vehicles
and
Equipment
Boat, RV
sales and
rental
P
P
P
3.2.6.B
Car wash
P
P
P
P
3.2.6.A
Gasoline
sales
C
C
P
P
C
P
3.2.6.B
Parking
structure
C
P
C
P
P
P
P
P
P
P
P
P
P
P
3.2.6.B
Truck repair
and overhaul
C
C
C
P
3.2.6.B
Truck stop
C
C
P
3.2.6.C
Vehicle sales
and rental
P
P
P
P
P
C
3.2.6.B
Vehicle
service and
repair, major
P
P
P
P
P
3.2.6.B
Vehicle
service and
repair, minor
P
P
P
P
P
3.2.6.B
Created: 2024-07-26 11:50:35 [EST]
(Supp. No. 20, Update 2)
Page 15 of 73
Table 3.1-1: TABLE OF ALLOWED USES
P=Permitted C=Conditional Use Blank cell = Use is prohibited
Use
Category
Use Type
RESIDENTIAL
MIXED-USE
NONRESIDENTIAL
AG
R1-43
R1-18
R1-10
R1-6
R1-3
R1-1
MF- 1
MF- 2
MH
NMU
CMU
RMU
IMU
DC
DR
PO
C- 1
C-2
C-3
BP
I -1
I -2
Use
Standards
Vehicle and
boat storage
P
P
P
P
3.2.6.B
INDUSTRIAL USES
Industrial
Service
Building
material
sales,
outdoor or
wholesale
P
P
P
P
Drilling
company, no
outside
storage
P
P
P
Drilling
company,
with outside
storage
P
Equipment
Rental Yard
C
C
C
P
P
Equipment
Rental Yard,
Heavy
C
P
P
General
industrial
service
P
P
P
3.2.7.C
Resource
extraction
C
C
Manufacturi
ng and
Production
Assembly,
Light
P
P
P
P
Batch Plant,
Permanent
P
3.2.7.A
Maker
Space, up to
a maximum
P
Created: 2024-07-26 11:50:35 [EST]
(Supp. No. 20, Update 2)
Page 16 of 73
Table 3.1-1: TABLE OF ALLOWED USES
P=Permitted C=Conditional Use Blank cell = Use is prohibited
Use
Category
Use Type
RESIDENTIAL
MIXED-USE
NONRESIDENTIAL
AG
R1-43
R1-18
R1-10
R1-6
R1-3
R1-1
MF- 1
MF- 2
MH
NMU
CMU
RMU
IMU
DC
DR
PO
C- 1
C-2
C-3
BP
I -1
I -2
Use
Standards
of 30,000
square feet
Mfg., heavy
P
Mfg., light
P
P
P
P
Warehouse
and Freight
Movement
Distribution
Warehouse
P
P
P
P
3.2.7.B
Mini-storage,
indoor
P
P
P
P
P
P
3.2.7.E
Mini-storage,
outdoor
P
C
P
P
3.2.7.E
Motor freight
terminal
C
C
P
Office
warehouse
P
P
P
P
Storage
yard
C
C
P
Warehouse
P
C
P
P
Wholesale
establishment
P
C
C
P
P
P
Waste and
Salvage
Auto
wrecking
and salvage
yard
C
Landfill
C
3.2.7.D
Recycling
center indoor
C
C
P
P
Recycling
center
outdoor
P
TEMPORARY USES
Temporary
Uses
Antennas,
temporary
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3.4.2.A
Created: 2024-07-26 11:50:35 [EST]
(Supp. No. 20, Update 2)
Page 17 of 73
Table 3.1-1: TABLE OF ALLOWED USES
P=Permitted C=Conditional Use Blank cell = Use is prohibited
Use
Category
Use Type
RESIDENTIAL
MIXED-USE
NONRESIDENTIAL
AG
R1-43
R1-18
R1-10
R1-6
R1-3
R1-1
MF- 1
MF- 2
MH
NMU
CMU
RMU
IMU
DC
DR
PO
C- 1
C-2
C-3
BP
I -1
I -2
Use
Standards
Batch plant,
temporary
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3.4.2.B
Expansion or
replacement
facilities,
temporary
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3.4.2.C
Food Trucks;
Mobile Food
Vendor
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3.4.2.D
Hot air
balloons
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3.4.2.E
Office
space/
equipment
storage,
temporary
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Other
temporary
uses
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3.4.2.L
Portable
restroom,
temporary
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3.4.2.F
Portable
storage
container,
temporary
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3.4.2.G
Retail sales,
temporary
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3.4.2.H
Roadside
stand
P
P
3.4.2.I
Sales/leasin
g office,
temporary
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3.4.2.J
Created: 2024-07-26 11:50:35 [EST]
(Supp. No. 20, Update 2)
Page 18 of 73
Table 3.1-1: TABLE OF ALLOWED USES
P=Permitted C=Conditional Use Blank cell = Use is prohibited
Use
Category
Use Type
RESIDENTIAL
MIXED-USE
NONRESIDENTIAL
AG
R1-43
R1-18
R1-10
R1-6
R1-3
R1-1
MF- 1
MF- 2
MH
NMU
CMU
RMU
IMU
DC
DR
PO
C- 1
C-2
C-3
BP
I -1
I -2
Use
Standards
Yard sale,
temporary
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3.4.2.K
Created: 2024-07-26 11:50:35 [EST]
(Supp. No. 20, Update 2)
Page 19 of 73
3.2. USE-SPECIFIC STANDARDS
3.2.1. Residential Uses.
A.
Accessory Dwelling Units (ADUs). Refer to Section 3.3.4 for the standards applicable to ADUs.
B.
Manufactured Homes. Manufactured homes are subject to the following requirements:
1.
A manufactured home is subject to all standards contained in Article 4, Dimensional Standards,
and Article 5, Development and Design Standards and Guidelines, for the zoning district(s) in
which the home is situated.
2.
All homes shall be multi-sectional and placed upon a permanent foundation consisting of a
masonry or concrete stem wall, with additional interior supports as may be required by
applicable law or by the Building Division in order to protect public safety. The manufactured
home must be securely fastened to the foundation.
3.
The elevation of the finished floor is not to exceed that which would normally be allowed for a
conventional residential structure in order that the manufactured home appears as much as
possible like a conventional residence.
4.
Off-street parking for at least two automobiles shall be provided for each manufactured home
site. The driveway and parking areas shall be paved in compliance with the standards in Section
5.6.9.A: Surface. Three inches of crushed rock can be utilized but must be compacted and
contained within a permanent border. Refer also to Chapter 9, Article 9-9.
5.
Power pedestals (electrical service section) are not permitted.
C.
Mobile Homes. After the effective date, an individual mobile home may only be parked or stored on a
lot within a mobile home park or mobile home subdivision. Residential use of mobile homes
constructed prior to 1976 is prohibited.
D.
Manufactured Home/Mobile Home Subdivisions. Manufactured homes or mobile homes placed in
manufactured home/mobile home subdivisions are also subject to the following standards:
1.
Homes may either face the street or a side property line. However, a consistent approach must
be used and architectural features incorporated into the design of the home depending on which
approach is used.
2.
A minimum of eight feet from the front of the manufactured home to any public or private street
is required and a minimum distance of 12 feet between the side of a manufactured home to a
public or private street is required.
3.
All other subdivision design standards as contained in this Code are applicable.
E.
Middle Housing. Middle housing shall include duplexes, triplexes, fourplexes, and townhomes, and is
subject to the following standards:
1.
Permitted Use. In addition to those Zoning Districts identified in Table 3.1-1, middle housing is
allowed as a permitted use on:
a.
A lot zoned for single-family residential use within one mile of the City’s central business
district, identified in Figure 3.2-A below; and/or
b. At least 20 percent of the lots, but not to exceed 20 percent of the land area, of any new
development of more than 10 contiguous acres. The option to develop middle housing shall
Created: 2024-07-26 11:50:35 [EST]
(Supp. No. 20, Update 2)
Page 20 of 73
be forfeited once the development begins construction, unless the development’s zoning
permits middle housing by-right.
Figure 3.2-A: Central Business District Boundary
2.
Non-Eligibility. The following areas are not eligible to construct middle housing as a permitted
use:
a. Areas that lack sufficient urban services;
b. Areas that are not served by water and sewer services;
c. Areas that are not zoned for residential use;
d. Areas that are not incorporated and are zoned under an interim zoning designation that
maintains the area's potential for planned urban development;
e. Areas covered under A.R.S. Title 48, Chapter 6, Article 4;
f.
Any land within the territory in the vicinity of a public airport as defined in A.R.S. § 28-8486
or to the extent this Section would interfere with the public airport's ability to comply with
the laws, regulations and requirements of the United States related to applying for, receiving
or spending federal monies; and/or
g.
Any land within the territory in the vicinity of a military airport as defined in A.R.S. § 28-
8461.
3.
Utility Provider Review. A utility provider impacted by a development being developed in
compliance with this Section shall have the opportunity to review and approve the Site Plan for
the development.
Created: 2024-07-26 11:50:35 [EST]
(Supp. No. 20, Update 2)
Page 21 of 73
F.
Mobile Home Park. The following are minimum standards. Additional standards may be imposed, such
as in Section 3.2.1.B, Manufactured Homes if warranted.
1.
General Standards.
a.
Interior private streets shall not be less than 28 feet in width, and shall be paved. The
streets will be signed "No Parking" on both sides of the street. Interior streets shall be laid
out to provide multiple access points and good interior circulation. On-street parking is not
allowed. Individual vehicle parking pads shall be plainly marked and paved. All other vehicle
areas are to be paved. Other areas shall be covered with gravel or landscaping material.
b.
Sufficient access is to be provided for emergency vehicles, including turn around areas.
Hydrants, as specified by the Fire Chief, must also be provided.
c.
All homes within mobile home parks shall provide at least 100 square feet of enclosed
storage area outside the area of the home. In addition, awnings and other architectural
features may be required in order to provide a consistent design approach throughout the
park.
d.
No more than one manufactured home, travel trailer, park model or motor home shall be
placed on each space.
e.
The minimum separation between adjacent mobile homes shall be 16 feet or as
determined by the Building Official.
f.
Off-street parking for at least two automobiles shall be provided in each space or on each
lot or on a separate designated parking area within a park. The driveway and parking areas
shall be paved with asphalt, bituminous, brick, concrete, or other surfaces of comparable
durability to minimize nuisance from dust. Three inches of crushed rock can be used but
must be compacted and contained within a permanent border. The parking area will be a
minimum of 20 feet by 20 feet.
g.
Common areas equivalent to a minimum of 10 percent of the entire park area shall be
provided and shall contain sufficient facilities for park residents. Parks containing less than
15 spaces are exempt from this requirement. Common areas shall be improved with
landscaping and recreational facilities.
h.
Screening shall be provided around the exterior of the park by a six-foot high masonry wall.
G.
Zero Lot Line Dwelling. Where applicable, a minimum three-foot wide access easement shall be
provided on an adjoining lot to ensure accessibility for maintenance purposes for a zero lot line
dwelling.
3.2.2.
Public and Institutional Uses.
A.
Battery Energy Storage Systems (BESS). Battery Energy Storage Facility regulations are intended to
protect the health, welfare, safety, and quality of life for the public, to ensure compatible land uses in
the areas affected by energy storage facilities, and to mitigate the impacts of energy storage facilities
on the environment.
1. Applicability. The requirements of this Section shall apply to all utility-scale BESS facilities
permitted, installed, or modified after the effective date, excluding general maintenance and
repair. Utility-scale BESS facilities constructed or installed prior to the effective date are not
required to meet the requirements of this Chapter. Modifications to, retrofits or replacements of
an existing BESS that increases the total energy storage system designed discharge duration or
power rating shall be subject to the requirements of this Chapter. The continuation of legally
Created: 2024-07-26 11:50:35 [EST]
(Supp. No. 20, Update 2)
Page 22 of 73
established existing utility-scale BESS are subject to the regulations of Section 1.9,
Nonconformities.
2. Development Standards.
a. The City will enforce the latest edition of UL 9540 and NFPA 855, Standard for the
Installation of Stationary Energy Storage Systems. Other standards may be required as
needed by the Fire Chief.
b. All BESS facilities will be separated from any existing or planned residential properties by a
minimum 150 feet measured from the BESS property line to one of the following:
i.
If there is an existing residential structure, the measurement will be to the closest part
of the residential structure;
ii.
If platted for residential use with no structures, the measurement will be to the closest
building setback line; or
iii.
If zoned residential with no platting, the measurement will be to the residentially
zoned property line.
c.
Walls are required where the use is visible from public view, except in instances where
public view of the project is in a remote area, or walls would not be consistent with the
character of the surrounding community, as determined by the Zoning Administrator. If a
wall is required for screening, the site shall be fully enclosed by a minimum eight-foot, non-
scalable solid wall. Where not visible from public view, the site shall be enclosed by a
minimum eight-foot, non-scalable solid wall or tubular steel or wrought iron fencing. Walls
shall be in conformance with Section 5.4.6, Fences, Walls, and Screening. When sound and
visual attenuation requires a wall exceeding eight feet above the grade of the adjacent
roadway, earth mounds shall be used, such that no more than eight feet of the wall is visible
from the roadway. The mounds shall not exceed a four-to-one (4:1) ratio slope.
d. No landscaping is required on the interior side of the screen walls described in subparagraph
(c.) above, regardless of the percentage of open space landscaped required. The minimum
required open space is limited to the perimeter landscaping surrounding the perimeter
screening wall or fencing.
e. Solid walls surrounding facilities which are below grade of an adjacent street shall
incorporate a berm/slope along the entire length of the wall to ensure facilities are not
visible from public view.
f.
Accessory structures such as utility poles or utility connection equipment, substation
switchyard and similar equipment, necessary for the operation of the facility may exceed the
height standards of the applicable zone and the provisions of Section 3.3.3, subject to
approval as part of a Site Plan application.
g. Except as set forth in subparagraph (f.) above, no equipment or appurtenances not in an
enclosed structure may exceed the screen wall height described in subparagraph (c.), above,
unless it can be demonstrated through a line-of-sight analysis to the satisfaction of the
approval body that the wall height will sufficiently screen the equipment and/or
appurtenances. Enclosures for batteries and other systems shall not exceed 15 feet in
height.
h. All parking, fire access roadways, and drive aisles shall be paved with asphalt or concrete. All
parking lots shall comply with Section 5.6, Off-Street Parking.
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i.
All improvements and site specifications are subject to approval of a Hazard Mitigation
Analysis. The Hazard Mitigation Analysis reports shall be reviewed by the City of Buckeye
Fire Department and Building and Safety Department. The purpose of this analysis is to
evaluate the potential for adverse effects to people or the environment related to hazards
and hazardous materials. This plan will be required prior to BESS commissioning.
3. Decommissioning Plan. Prior to issuance of any permits related to decommissioning activities, the
applicant shall submit a Decommissioning Plan containing a narrative description of the activities
to be accomplished for removing the energy storage system from service, and from the facility in
which it is located. The Decommissioning Plan must also include:
a. A narrative description of the activities to be accomplished, including who will perform that
activity and at what point in time, for complete physical removal of all BESS components,
structures, equipment, security barriers, and transmission lines from the site;
b. Disposal of all solid and hazardous waste in accordance with local, state, and federal waste
disposal regulations;
c.
The manner in which the BESS will be decommissioned, and the site restored, including a
description of how any changes to the surrounding areas and other systems adjacent to the
BESS, such as, but not limited to, structural elements, building penetrations, means of
egress, and required fire detection suppression systems, will be protected during
decommissioning and confirmed as being acceptable after the system is removed; and
d. A listing of any contingencies for removing an intact operational energy storage system from
service, and for removing an energy storage system from service that has been damaged by
a fire or other event.
4. Ownership Changes. If the owner of the BESS facility changes or the owner of the property
changes, the project approvals will remain in effect, provided that the successor owner or operator
assumes in writing all the obligations of the project, site plan approval, and Decommissioning Plan.
A new owner or operator of the BESS facility shall notify the Department of the change in
ownership or operator within 30 days of the ownership change. A new owner or operator shall
provide notification in writing of the change in ownership or operator to the Department. The
project and all approvals for the BESS facilities would be void if a new owner or operator fails to
provide written notification to the Department in the required timeframe. Reinstatement of a
voided project or approvals will be subject to the same review and approval processes for new
applications under this Chapter.
5. Site Plan Expiration. A BESS facility Site Plan approval may be administratively extended by the
Zoning Administrator. There is no limit on the number of extensions that may be granted.
B.
Cemetery.
1.
A cemetery shall have a minimum net area of 40 acres.
2.
Cemeteries may be permitted to have funeral homes or crematoriums as accessory uses.
3.
Structure or building line setbacks shall be a minimum of 100 feet from arterial streets and 50
feet from non-arterial streets.
4.
No grave site shall be located within 25 feet of a future street right-of-way.
C.
Solar Generation Station. All photovoltaic solar generation stations shall comply with the following
standards:
1.
Lot Size.
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a.
Within the AG and R1-43 Zoning Districts, a minimum lot size of 300 acres shall be
established and maintained.
b.
Within the I-1 and I-2 Zoning Districts, a minimum lot size of 150 acres shall be established
and maintained.
2.
Setbacks. A building, structure, or lot shall not be developed, used, or occupied unless it
establishes and maintains a minimum setback equal to or greater than those setbacks
established in the I-2 Zoning District.
3.
Lot Coverage. Lot coverage is established in Table 4.1-1: Dimensional Standards, except that free-
standing, ground-mounted solar devices do not count toward the lot coverage requirements.
Development within the AG Zoning District shall utilize the standards established for the R1-43
Zoning District.
4.
Building Height. Building height is established in Table 4.1-1: Dimensional Standards.
Development within the AG Zoning District shall utilize the standards established for the R1-43
Zoning District. Additional building height for structures that are clearly incidental and/or
accessory to the generation of power or the collecting of solar may exceed the height standards
of the applicable zone and the provisions of Section 3.3.3, subject to approval as part of a Site
Plan application.
5.
Walls and Landscaping. As part of the Site Plan application, the Zoning Administrator may
approve alternatives to wall and landscaping requirements where the use has low visibility from
public view, is located in a remote location, and where wall and landscaping alternatives would
be consistent with the character of the surrounding area.
6.
Site Plan Expiration. A solar generation station Site Plan approval may be administratively
extended by the Zoning Administrator. There is no limit on the number of extensions that may be
granted.
D.
Wireless Facilities.
1.
Compliance with the Federal Telecommunications Act.
a.
All provisions of this Section are intended to comply with the Federal Telecommunications
Act of 1996, as amended or replaced, and shall be interpreted to avoid conflict with that Act,
if possible. If conflict with the Act occurs, the Zoning Administrator is authorized to vary the
terms of this Section by the minimum amount necessary to avoid that conflict.
b.
A substantial change to an existing wireless facility has the same meaning as provided in
47 C.F.R. § 1.6100( b) (7), as may be amended, which defines that term differently based
on the particular facility type and location. A substantial change as defined in the
Federal Communications Commission (FCC) regulations changes the physical dimensions
of an eligible support structure if it meets any of the following criteria:
i.
Height Increase.
(a) Towers outside public rights-of-way. An increase of more than 10 percent or the
height of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater.
(b) Towers in public rights-of-way and all base stations. An increase of more than 10
percent or 10 feet, whichever is greater.
ii.
Width Increase.
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(a) Towers outside public rights-of-way. Adding an appurtenance that protrudes from
the edge of the tower more than 20 feet or more than the width of the tower
structure at the level of the appurtenance, whichever is greater.
(b)
Towers in public rights-of-way and all base stations. Adding an appurtenance that
protrudes from the edge of the structure more than six feet.
iii. Equipment Cabinets. Installation of more than the standard number of new equipment
cabinets for the technology involved, but not to exceed four cabinets.
iv. Site Excavation. Excavation or deployment outside the current site of the tower or base
station.
v.
Concealment Elements. Any modification that would defeat the existing concealment
elements of the tower or base station.
vi. Conditions of Prior Approval Noncompliance with conditions associated with the prior
approval of the tower or base station, unless the noncompliance is due to an increase in
height, width, equipment cabinets, or excavation that does not exceed the
corresponding "substantial change" thresholds.
2.
Governmental Exemption. Development by any municipal, county, state, or federal government
agency within the City boundaries is not subject to the provisions of this Development Code.
3.
General Provisions.
a. City review and approval is required for all new wireless facilities, wireless facility
modifications, and collocation applications.
b. All base stations shall adhere to the following criteria:
i.
Will comply with the height and yard development standards of the underlying zoning
district, except as provided in the subsection.
ii.
Will be located underground, inside buildings, or behind solid decorative concrete
masonry unit ("CMU") walls with a height equal to or exceeding the height of the base
station, but no higher than eight feet above grade.
iii.
An enclosed base station will occupy no more than 600 square feet.
c.
When installing any wireless facility, installation will minimize the removal of existing mature
vegetation at the site, or such vegetation will be replaced. Any change in site landscape shall
be consistent with a City approved landscape plan as required by this Chapter.
d. Maintenance, Operation, and Removal.
i.
The owner of the wireless facility shall ensure that it is maintained in compliance with
the standards contained in the applicable local building codes and the applicable
standards for wireless facilities established by the Electronic Industries Association, as
amended from time to time, in order to ensure the structural integrity of the wireless
facility. The failure to maintain structural integrity through compliance with these
standards is declared a public nuisance and the wireless facility may be abated,
including the removal of the wireless facility under authority of and in compliance with
the City Council's powers to declare and abate public nuisances.
ii.
No wireless facility may be used that, by design or by actual operation, causes
interference on any frequency actually used by any police, fire, or public ambulance
services having authority or jurisdiction over any portion of the City.
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iii.
Any wireless facility that is not operated for a continuous period of 12 months will be
considered abandoned. Any wireless facility that does not have electric service to it for a
period of 12 months will be considered abandoned. The owner of an abandoned
wireless facility shall remove it within 180 days of receipt of notice from the Zoning
Administrator notifying the owner of such abandonment.
iv.
Each wireless facility owner shall provide a maintenance bond to assure the
maintenance of the equipment building(s) and the support or tower structure, including
the costs of removal in the event the facility is abandoned for more than 12 months.
e. Each wireless facility shall be identified by a permanently installed plaque or marker on the
door of the base station, no larger than four inches by six inches, clearly identifying the
wireless service provider's name, address, e-mail contact, and emergency phone number.
The plaque or marker required by this Section shall be revised within 30 days of any change
in the required information/content. No other signs or logos are permitted on any wireless
facility.
f.
Wireless facilities shall not be artificially lighted, unless such lighting is required by the
Federal Aviation Administration (FAA) or other applicable authority.
g. Wireless facilities shall meet or exceed current standards and regulations of the FAA and the
FCC, together with the regulations of any other agency of the federal government with the
authority to regulate towers and antennas. Where no federal standard exists, construction
shall otherwise comply with the current requirements of the Buckeye Building Code.
h. All wireless facility sites shall be served by a driveway from a public street and shall be paved
with an all-weather surface. However, sites in areas of restricted street access may be served
by driveways from paved public or private parking lots. Any existing tower site that uses an
unpaved driveway to access a public street, and which driveway allows the deposit of dirt,
gravel or similar material to be deposited on the public streets during rainy conditions, will
be considered a public nuisance, and may be abated in accordance with the general
ordinances dealing with nuisance abatement.
4. Maximum heights.
a. The maximum height of any wireless support structure or base station, excluding antennae
will follow the criteria for each zoning district as shown below:
i.
Facilities located within Zoning Districts R1-43, R1-18, R1-10, R1-6, R1-3, R1-1, SFF, MF-
1, MF-2, MH, NMU, CMU, RMU, DC, DR, C-1, RR, PR, PC, and MR shall not exceed 65 feet
above the finished grade of the site. The maximum height of the antennae attached to
any such wireless support structure or base station shall not exceed 80 feet above the
finished grade of the site not including any palm fronds or other stealth application.
ii.
Facilities located within Zoning Districts AG, IMU, PO, C-2, C-3, BP, I-1, I-2, AREOD, AOD,
CC, GC, and SU shall allow the base maximum height for all wireless support structure of
65 feet. Height for a freestanding wireless facility shall be measured from grade at the
base of the tower to the highest point on the wireless support structure, including any
installed antennae and lighting and supporting structures, but not including any palm
fronds or other stealth application. A new wireless support structure may exceed the
base maximum height only if designed to accommodate one additional user's
equipment for every 25 feet of tower height above the base maximum height. The
maximum permitted height for towers using the collocation height allowance for co-
location is up to 175 feet.
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iii.
Facilities Located within previously approved PADs, as well as established overlay
districts, shall match the requirements of subsections i. and ii. above in regard to the
land uses established in the PAD or overlay. The height regulations will conform to the
closest zoning district of each land use found in the PAD as determined by the Zoning
Administrator.
iv.
If the PAD or overlay provides specific height allowances, the PAD or overlay standards
will prevail.
5. Monopoles.
a.
Concealment. All monopole structures shall be concealed to look like something other than
a wireless facility or base station which blends in to the architecture and landscape of the
surrounding area. The only exception is for industrially zoned properties (I-1 and I-2) where a
monopole is located in the rear yard of the site and located a distance equal to the height of
the structure from rights-of-way.
b. Design Standards.
i.
A monopole shall not be greater than 40 inches in diameter at ground level, except
for the monopalm, monocactus, monopine, and monobroadleaf as delineated below,
and have all of the wireless facilities mounted on the monopole or interior to the
pole in the case of the monocactus;
ii.
All wireless facility antennae, mounting hardware, and cabling shall be covered or
painted to match the color of the monopole on which it is mounted; and
iii.
The setback for all monopoles must meet the yard development standards and
setback requirements of the underlying zoning district, except as otherwise
permitted herein. The setback is measured from the lot line to the monopole.
Additionally, all monopoles must be set back from any residential lot line a distance
equal to one and one half times the height of the monopole.
b. Monopalms.
i.
A monopalm must contain a minimum of 55 palm fronds that disguise the length of
the antenna;
ii.
The stand-off mounting arm apparatus of the antenna array must not extend more
than 30 inches from the structure to which it is attached;
iii.
The pole structure must be clad with faux bark that begins at the base of the pole
structure and continues to the height of the first palm frond attachment. The
balance of the pole structure and the attachments must be painted to blend with the
palm fronds;
iv.
The diameter of the pole structure must not exceed 26 inches at its widest point;
v.
The maximum height of the pole structure, excluding antennae, is limited to 65 feet
above the finished grade of the site. The maximum height of the antennae attached
to a monopalm must not exceed 80 feet above the finished grade of the site;
vi.
No more than two microwave dishes will be permitted on each monopalm.
Microwave dishes will be limited to one square foot in size and must be concealed
within the monopalm, trimmed leaf cluster, or palm fronds; and
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vii.
The trimmed leaf cluster must be mounted directly below the palm fronds and must
be painted to blend with the pole structure.
viii.
A minimum of two tall palms (greater than or equal to 20 feet at maturity) must be
provided within 20 feet of the monopalm.
c.
Monocactus.
i.
The monocactus structure must be clad with a faux finish that resembles a saguaro
cactus from the base of the structure and continue to the top of the structure;
ii.
The diameter of the monocactus structure must not exceed 34 inches at its widest
point and must have a natural appearing taper from the bottom to the top;
iii.
The total height of the monocactus structure must not exceed 30 feet height;
iv.
All antennae and cables must be concealed within the monocactus structure; and
v.
External microwave dishes are prohibited on the monocactus structure.
d. Monopine or Monobroadleaf.
i.
The monopole structure must be clad with faux bark. The faux bark must start at the
base of the monopole structure and continue to the height of the first branch
attachment. The balance of the pole structure and the attachments must be painted
to blend with the branches;
ii.
The diameter of the pole structure must not exceed 36 inches at the base and must
taper to no greater than 28 inches at the top of the pole structure;
iii.
The maximum height of the pole structure is limited to 65 feet above the finished
grade of the site. The maximum height of the antennae attached to the pole
structure must not exceed 80 feet above the finished grade of the site;
iv.
Branches.
a)
Must be constructed to a density of no less than two and one-half branches for
each one vertical foot of pole;
b)
Must start no less than 15 feet above finished grade and continue to the top of
the pole structure; and
c)
Must be a minimum of eight feet long around the circumference of the lower
level and must taper as the branches progress upward, consistent with the
species of tree imitated by the structure. The branches must approximate the
appearance of a particular deciduous tree species grown in the vicinity of the
site and that grows to approximately the same height of the monopine or
monobroadleaf.
v.
The entire length of all antennae and their attaching apparatus must be disguised by
the branches, and the stand-off mounting arm apparatus of the antenna array must
not extend more than 30 inches from the pole structure to which it is attached;
vi.
Microwave dishes are limited to one square foot in size. Dishes and attaching
apparatus must be painted to blend with the branches;
vii.
No more than four microwave dishes are permitted per monopine or monobroadleaf
tree; and
viii.
Climbing pegs are prohibited on the pole structure.
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e. Alternative Tower Structure.
i.
The maximum allowable width of an antennae array is four feet. There is no width
limit for antennae arrays installed inside an alternative tower structure.
ii.
The antennae must not extend more than 18 inches from the structure to which it is
attached. This restriction does not apply to antennae arrays installed inside an
alternative tower structure.
iii.
The maximum allowable length of each antennae array is 10 feet.
iv.
No more than two microwave dishes, limited to two square feet in size each, are
permitted on each alternative tower structure.
v.
All microwave dishes, antennae, cable shrouds, and attaching apparatus must be
painted to match the alternative tower structure.
f. Monopoles within Industrial Zoning Districts.
i.
The stand-off mounting arm apparatus of the antennae array must not extend, in
any direction, more than 30 inches from the structure to which it is attached.
ii.
The diameter of the monopole structure must not exceed 26 inches at its widest
point.
iii.
No more than two microwave dishes are permitted on each monopole. Microwave
dishes are limited to two square feet in size.
g. All other wireless facilities that do not fall under any of the subsections regarding wireless
facilities must follow the process for approval of a CUP described in Article 8. In addition to
complying with the CUP criteria, any application under this subsection must comply with the
following:
i.
Aesthetics standards;
ii.
Setback and height restrictions;
iii.
Safety concerns including, but not limited to, fall zones, and buffering;
iv.
Environmental; and
v.
Protection of property values.
6. Alternative Wireless Facility Locations.
a. Alternative wireless facilities include locations such as building/structure mounted, roof
mounted, recreational light poles, and water tower/tank facilities. Design of the mounting
structures must camouflage or conceal the presence of a wireless facility.
b. Design Standards.
i.
Building- or Structure-Mounted Facilities.
a) Antennae must be mounted on a building wall or side of a structure to the
maximum extent practicable. If the applicant demonstrates that it is not feasible to
mount the antennae on a building wall or side of a structure, the antennae may be
mounted on the roof or top of the structure, provided the facility complies with all
other applicable standards;
b) A building- or structure-mounted wireless facility must not be located on a building
with primarily residential uses;
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c) Antennae may encroach into a side or rear setback a maximum of two feet, but
must not extend over a property line; and
d) Antennae must be mounted flush to the building wall or side of a structure to the
maximum extent practicable, unless technical reasons dictate another type of
installation, and must not extend above the roof line or parapet of the building or
top of the structure;
e) Support structures, accessory equipment including equipment cabinets, and all
other appurtenances must be fully screened from view and not visible from the
ground; and
f)
Antennae must be painted a color to match the building or structure to which they
are mounted or must be camouflaged as part of the building architecture in a City-
approved building elevation.
ii.
Rooftop-Mounted Facilities.
a) Rooftop-mounted wireless facilities are not permitted on portions of buildings with
pitched roofs.
b) A rooftop-mounted wireless facility must not be located on a building with primarily
residential uses.
c) A wireless facility located on a building rooftop or top of structure must comply
with the following standards:
1) Antennae, support structures, accessory equipment, and all other
appurtenances must be fully screened from view through the use of
architecturally compatible features, screening materials, and colors that match
the building or structure to which the facility is mounted.
2) Antennae must not extend above the parapet of the roof of the structure to
which they are mounted.
iii.
Recreation Field Light Poles.
a) The maximum allowable width of an antennae array is four feet.
b) The stand-off mounting arm apparatus of the antennae array must not extend more
than 30 inches from the structure to which it is attached.
c) The maximum allowable length of each antenna is 10 feet.
d) The diameter of the pole structure must not exceed 36 inches.
e) The addition of a wireless facility to a recreation field light must not increase the
height of the light structure by more than 10 feet.
f)
All cables must be concealed within the pole structure.
g) No more than two external microwave dishes, limited to two square feet each, are
permitted on each recreation field light pole.
h) All microwave dishes, antennae, and attaching apparatus must be painted to match
the recreation field light pole.
iv.
Water Towers/Tanks.
a) The maximum allowable width of an antennae array is four feet. There is no width
limit for antennae arrays installed inside a faux water tower/tank.
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b) The antenna must not extend more than 18 inches from the structure to which it is
attached. This restriction does not apply to antennae installed inside a faux water
tower/tank.
c) The maximum allowable length of each antennae array is 10 feet.
d) The addition of a wireless facility must not increase the height of the water
tower/tank structure greater than 10 feet.
e) All cables must be concealed within the support structure or fully enclosed within a
cable shroud.
f)
No more than two microwave dishes, limited to two square feet in size are
permitted on each water tower or water tank.
g) All microwave dishes, antennae, cable shrouds, and attaching apparatus must be
painted to match the water tower or water tank.
7. Cellular on Wheels ("COW").
a. COWs are allowed during:
i.
Construction of a permanent wireless facility not to exceed duration of one year.
ii.
Special events, in compliance with a Special Event Temporary Use Permit (SETUP),
limited to a duration not to exceed 30 days unless approved by the City Manager.
iii.
An emergency or disaster as determined by the City Manager and only for as long as
determined to be necessary by the City Manager.
b. COWs must be set back from all residential lot lines a minimum distance equal to the fully
extended height of the COW.
c.
Permitted power sources:
i.
A generator or other utility source must be used that emits an average noise level not to
exceed 60 DB, measured at any property line for property that is zoned or used for
residential purposes; and
ii.
Use of on-site utility services requires a Building Permit.
8. Amateur Radio Antennae.
a. Amateur radio antennae are permitted in all residential zoning districts subject to the
following standards:
i.
Antenna structures are allowed up to 35 feet in height;
ii.
Antenna structures must comply with setback standards for the zoning district in which
it is located;
iii.
Antenna structures must be located in the rear half of the lot;
iv.
Antennae, including support structures, must not extend beyond the property line; and
v.
When a federally licensed radio amateur no longer occupies the subject property, the
antenna structure must be removed.
b. All amateur radio antennae that exceed 35 feet in height require approval of a CUP. These
antennae must be of telescoping design and lowered to a height of no more than 35 feet
when not in use. An amateur radio antenna must not exceed a height of 75 feet.
c.
Amateur radio antennae must not be used for any commercial use or purpose.
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3.2.3. Recreation, Education, and Assembly Uses.
A.
Arboretum or Botanical Garden. No sales are allowed except through gift shops that are approved
accessory uses.
B.
Assembly Hall, Private; Assembly Hall, Public; Community Recreation Center; Country Club; Event
Venue; Fraternal or Social Club, Nonprofit; Private Membership Auditorium, Private; and Religious
Assembly. Where an assembly use is originally approved with a CUP or PAD, any subsequent
associated use that increases the intensity of the development on the site must also be approved with
a CUP or an amendment to a PAD, as applicable. For the purposes of this Section, an increase in
intensity is measured as:
1.
An increase in vehicular trips generated; or
2.
An increase in impervious surface by five percent or more.
3.2.4 Commercial Uses.
A.
Agricultural Uses. Uses listed in the agriculture and ranching use category in Table 3.1-1: Table of
Allowed Uses, may include necessary accessory uses for treating or storing of produce and parking of
equipment. However, the operation of any accessory uses shall be secondary to that of normal
agricultural activities and do not include:
1.
Retail commercial activity, not including temporary retail sales authorized under a SETUP (refer
to Section 3.4, Temporary Uses and Structures);
2.
Stockyards or commercial feed lots for cattle, swine, or sheep; or
3.
The storage of vehicles or equipment for retail commercial purposes.
B.
Building Materials Sales, Indoor Retail. In the CMU and C-2 Zoning Districts, the maximum size of this
use should be limited to 50,000 square feet.
C.
General Retail. Within the BP District, free-standing retail with single-users over 10,000 square feet
and group-users over 50,000 square feet require approval of a CUP.
D.
Large Format Retail.
1.
Design Standards. All large format retail establishments must comply with the design standards
in Section 5.9, Large Format Retail Standards.
E.
Nontraditional Financial Institutions.
1.
Purpose and Applicability. The purpose of this Section is to establish specific site planning,
development, and/or operating standards for nontraditional financial institutions such as loan
shops and check cashing businesses to prevent the overconcentration of these uses. The
development standards of this Section apply to all new and expansions of nontraditional financial
institutions in the City, unless specified otherwise.
2.
Location. All new nontraditional financial institutions shall be located consistent with the
following standards:
a.
Located a minimum of 1,000 feet from another check cashing establishment;
b.
Located a minimum of 500 feet from all of the following uses:
i.
Public school, community center, or library;
ii.
State or federally chartered bank, savings association, credit union, or industrial loan
company; and
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iii. Alcoholic beverage sales, excluding restaurants, grocery stores/supermarkets, and
neighborhood markets.
c.
The separation distance must be measured in a straight line from the exterior wall of a
nontraditional financial institution to the nearest property line of another nontraditional
financial institution.
d.
Standards. In addition to the development standards of the underlying zoning district, the
following special standards apply to all existing and new nontraditional financial
institutions:
i.
Operation of nontraditional financial institutions is limited to the hours from 7:00 am
to 7:00 pm daily.
ii.
Security. A security plan shall be provided for review and approval by the Zoning
Administrator and Chief of Police. The plan shall provide for adequate security
including partitions, surveillance, and building access considerations. Bars on windows
are prohibited.
F.
Recreational Vehicle Campground. Applications for recreational vehicle campgrounds shall comply
with and show the method of complying with the following standards:
1.
No trailer, RV, or other similar vehicle is allowed for more than 14 days.
2.
No trailer, RV, or other similar vehicle will be parked for sale or display.
3.
Each campground shall provide facilities for the appropriate disposal of wastewater, trash, and
related items.
G.
Recreational Vehicle Park. Applications for recreational vehicle parks shall comply with and show the
method of compliance with the following standards:
1.
No trailer, RV, or other similar vehicle will be parked for sale or display.
2.
Only hard-surfaced roads are allowed throughout the grounds of the park.
3.
Each park shall provide facilities for the appropriate disposal of waste water, trash, and related
items.
4.
Each RV space must contain a minimum of 1,500 square feet, not including roadways or common
areas.
H.
Sexually-Oriented Business. All sexually-oriented businesses shall comply with the regulations
provided in Chapter 8, Article 8-5, Sexually Oriented Businesses of the City Code in addition to the
regulations in this Code, including:
1.
Table.3.1-1: Table of Allowed Uses identifies in which zoning districts sexually-oriented
businesses are allowed.
2.
Sexually-oriented businesses located within the zoning districts established in Table 3.1-1: Table
of Allowed Uses are subject to the following location requirements:
a. No adult-oriented business shall be operated or maintained within 1,000 feet of another
adult-oriented business; and
b. No adult-oriented business shall be operated or maintained within 1,000 feet of a boundary
of a residential zoning district; the property line of a lot devoted to a residential use in any
zoning district; a child care facility; a private, public, or charter school; a preschool, nursery,
kindergarten, or similar use; a public playground; a public or private recreational facility; a
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religious institution; a library; a public park; a public or private community building; a teen
dance center; an amusement park; or a game center.
3. For the purpose of subsection (H)(2) of this Section, the distance limitations shall be measured as
the shortest line between the property lines of the relevant properties involved. This
measurement shall exclude any public right-of-way that is adjacent and connected to the recorded
lot lines of the relevant properties involved in the measurement.
I.
Tobacco-Oriented Retailers. Applications for tobacco-oriented retailers must comply with and show
the method of complying with the following standards:
1.
This use must be at least 1,000 feet from another tobacco retailer, public, private or charter
school, parks/playgrounds, or licensed day care facilities.
2.
The separation distance must be measured in a straight line from the exterior wall of the
tobacco-oriented retailer use to the nearest property line of the other listed uses.
J.
Marijuana Uses
The following minimum requirements apply to medical marijuana dispensaries, medical marijuana off-
site cultivation locations, and dual license marijuana establishments uses permitted under A.R.S. § 36-
2801, A.R.S. § 36-2802,Table 3.1.1: Table of Allowed Uses, and Section 3.2.5, Marijuana Uses:
1.
Medical Marijuana Dispensaries.
a. In addition to any other application requirements, an applicant for any medical marijuana
dispensary shall provide the following:
i.
A notarized authorization, executed by the property owner, acknowledging and consenting
to the proposed use of the property as a medical marijuana dispensary;
ii.
A floor plan showing the location, dimensions, and type of security measures
demonstrating that the medial marijuana dispensary will be secured, enclosed, and locked
as required by law;
iii.
A scale drawing depicting the property lines and the separations from the nearest property
boundary of the lot containing the medical marijuana dispensary to the property boundary
of the lot containing any existing uses listed in subsection 3.2.4.J.1.b. below. If any of the
uses are located within 50 feet of the minimum separation, the drawing showing actual
surveyed separations, shall be prepared by a registered land surveyor; and
iv.
A security plan for review and approval by the Zoning Administrator and Chief of Police. The
plan shall provide for adequate security including partitions, surveillance, and building
access considerations. Bars on windows are prohibited.
b. A medical marijuana dispensary shall meet the following minimum separation requirements,
measured in a straight line from the closest boundary of the lot containing the medical marijuana
dispensary to the closest property boundary of the lot containing any of the existing uses listed
below:
i.
2.5 miles from any other medical marijuana dispensary, medical marijuana off-site
cultivation location, or dual license marijuana establishment;
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ii.
1 mile from a residential substance abuse diagnostic and treatment facility or any other
residential drug or alcohol rehabilitation facility;
iii.
1 mile from a public, private, parochial, charter, dramatic, dancing or music school, a
learning center, or other similar school or educational facility that caters to children as
determined by the Zoning Administrator;
iv.
1 mile from any residential zoning district or residential use;
v.
1 mile from a childcare center;
vi.
1 mile from a public library or public park;
vii.
1 mile from a religious institution; and
viii.
1 mile from an entertainment facility.
c.
The following size limitations apply to any medical marijuana dispensary:
i.
The total maximum floor area of a medical marijuana dispensary, inclusive of any secure
storage area, shall not exceed 2,500 square feet;
ii.
The secure storage area for the medical marijuana stored at the medical marijuana
dispensary shall not exceed 500 square feet; and
iii.
For a medical marijuana dispensary that also is a medical marijuana off-site cultivation
location, the total maximum floor area that may also be used for cultivation and
incorporation or processing of the medical marijuana into consumable or edible products
inclusive of any secure storage area, shall not exceed 3,500 square feet. The secure storage
area for the medical marijuana stored at a medical marijuana dispensary that also is a
cultivation location shall not exceed 1,500 square feet.
d. A medical marijuana dispensary shall:
i.
Have operating hours not earlier than 9:00 am and not later than 5:00 pm;
ii.
Be located in a permanent building and may not be located in a trailer, cargo container,
mobile or modular unit, mobile home, recreational vehicle, or other mobile vehicle. The
facility shall include fire protection measures, including sprinklers, as required by the
Buckeye Fire Code;
iii.
Comply with all other applicable property development and design standards of the City;
iv.
Install lighting to illuminate the exterior and interior of the building and all entrances and
exits to the facility. Exterior lighting shall be a minimum of five foot candles measured at
ground level and shall remain on during all hours between sunset and sunrise each day. The
medical marijuana dispensary shall illuminate all areas of the premises, including adjacent
public sidewalks so that the areas are readily visible by law enforcement personnel. Interior
lighting must remain on 24 hours each day, with particular emphasis on the locations of any
counters, safe, storage areas, and any location where people are prone to congregate. The
lighting must be of sufficient brightness to ensure that the interior is readily visible from the
exterior of the building from a distance of 100 feet;
v.
Not have drive-through service;
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vi.
Not provide offsite delivery of medical marijuana, except to a medical marijuana dispensary
served by the associated medical marijuana off-site cultivation location;
vii.
Have no on-site sales of alcohol or tobacco, and no on-site consumption of food, alcohol,
tobacco, or marijuana;
viii.
Not emit dust, fumes, vapors, or odors into the environment;
ix.
Display a current City business license, and a State of Arizona tax identification letter;
x.
Notify patrons verbally and through posting of signs in conspicuous locations at the medical
marijuana dispensary of the following:
“Use of medical marijuana shall be limited to the patient identified on the doctor's written
certification. Secondary sale, barter, or distribution of medical marijuana is a crime and can
lead to arrest.”
“Patrons must immediately leave the site and must not consume medical marijuana until at
home or in an equivalent private location. Medical marijuana dispensary staff shall monitor
the site and vicinity to ensure compliance.”
xi.
Provide, prior to opening the facility, the Buckeye Police Department and all property
owners with a 500-foot radius of the medical marijuana dispensary with written notification
via first class U.S. mail:
a. The name, phone number, and email of the on-site community relations staff
person to notify if there are operational problems with the dispensary; and
b. The name, phone number, and email of the security company responsible for
providing security services to notify if there are security problems at the dispensary.
xii.
Provide unrestricted access to City code enforcement officers, police officers, or other
agents or employees of the City requesting admission for the purpose of determining
compliance with these standards;
xiii.
Provide security guards at the main entrances and exits during all hours of operation.
Detailed internal security measures will be identified and maintained after consultation
with the Buckeye Police Department; and
xiv.
Require any qualifying patient under 18 years of age to be accompanied by a parent or legal
guardian. Except for such parent or legal guardian, no persons other than qualifying
patients and designated caregivers are permitted within a medical marijuana dispensary
premises.
2. Medical Marijuana Dispensary Off-Site Cultivation Location.
a. In accordance with the application requirements and provisions under A.R.S. §§ 36-2804 and 36-
2806, and except as provided for qualifying patients and designated caregivers, a medical
marijuana off-site cultivation location may only cultivate, process, supply, sell or otherwise
provide medical marijuana to medical marijuana dispensaries located in Arizona. Only one
medical marijuana cultivation location is permitted for the single medical marijuana dispensary
with which it is associated.
b. In addition to any other application requirements, an applicant for any medical marijuana
dispensary off-site cultivation location shall provide the following:
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i.
A notarized authorization, executed by the property owner, acknowledging and consenting
to the proposed use of the property as a medical marijuana dispensary off-site cultivation
location;
ii.
A floor plan showing the location, dimensions, and type of security measures
demonstrating that the medical marijuana dispensary off-site cultivation location will be
secured, enclosed, and locked as required by law; and
iii.
A scale drawing depicting the property lines and the separations from the nearest property
boundary of the lot containing the medical marijuana dispensary off-site cultivation
location to the property boundary of the lot containing any existing uses listed in
subsection 3.2.4.J.2.c. below. If any of the uses are located within 50 feet of the minimum
separation, the drawing, showing actual surveyed separations, shall be prepared by a
registered land surveyor.
iv.
A security plan for review and approval by the Zoning Administrator and Chief of Police. The
plan shall provide for adequate security including partitions, surveillance, and building
access considerations. Bars on windows are prohibited.
c.
A medical marijuana dispensary off-site cultivation location shall meet the following minimum
separation requirements, measured in a straight line from the closest boundary of the lot
containing the medical marijuana dispensary off-site cultivation location to the closest property
boundary of the lot containing any existing uses listed below:
i.
2.5 miles from any other medical marijuana dispensary, medical marijuana off-site
cultivation location, or dual license marijuana establishment;
ii.
1 mile from a residential substance abuse diagnostic and treatment facility or any other
residential drug or alcohol rehabilitation facility;
iii.
1 mile from a public, private, parochial, charter, dramatic, dancing or music school, a
learning center, or other similar school or educational facility that caters to children as
determined by the Zoning Administrator;
iv.
1 mile from any residential zoning district or residential use;
v.
1 mile from a childcare center;
vi.
1 mile from a public library or public park;
vii.
1 mile from a religious institution; and
viii.
1 mile from an entertainment facility.
d. The following size limitations apply to any medical marijuana dispensary off-site cultivation
location:
i.
The total maximum floor area of a medical marijuana off-site cultivation location inclusive
of any secure storage area, must not exceed 3,000 square feet;
ii.
The secure storage area for the medical marijuana stored at the medical marijuana off-site
cultivation location must not exceed 1,000 square feet; and
iii.
For a medical marijuana dispensary off-site cultivation location that also is a medical
marijuana dispensary, the total maximum floor area that may also be used for cultivation
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and incorporation or processing of the medical marijuana into consumable or edible
products inclusive of any secure storage area, must not exceed 3,500 square feet. The
secure storage area for the medical marijuana stored at a medical marijuana dispensary
that also is a cultivation location must not exceed 1,500 square feet.
e. A medical marijuana dispensary off-site cultivation location must:
i.
Be located in a permanent building and may not be located in a trailer, cargo container,
mobile or modular unit, mobile home, recreational vehicle, or other mobile vehicle. The
facility must include fire protection measures, including sprinklers, as required by the
Buckeye Fire Code;
ii.
Comply with all other applicable property development and design standards of the City;
iii.
Install lighting to illuminate the exterior and interior of the building and all entrances and
exits to the facility. Exterior lighting must be a minimum of five foot candles measured at
ground level and must remain on during all hours between sunset and sunrise each day.
The medical marijuana dispensary off-site cultivation location must also illuminate all
areas of the premises, including adjacent public sidewalks so that the areas are readily
visible by law enforcement personnel.
iv.
Not provide offsite delivery of medical marijuana, except to a medical marijuana
dispensary served by the associated medical marijuana off-site cultivation location;
v.
Not emit dust, fumes, vapors, or odors into the environment;
vi.
Display a current City business license, and a State of Arizona tax identification letter;
vii.
Provide, prior to opening the facility, the Buckeye Police Department and all property
owners with a 500-foot radius of the medical marijuana dispensary off-site cultivation
location with written notification via first class U.S. mail:
a)
The name, phone number, and email of the on-site community relations staff person
to notify if there are operational problems with the off-site cultivation location; and
b)
The name, phone number, and email of the security company responsible for
providing security services to notify if there are security problems at the off-site
cultivation location.
viii.
Provide unrestricted access to City code enforcement officers, police officers, or other
agents or employees of the City requesting admission for the purpose of determining
compliance with these standards; and
ix.
Provide security guards at the main entrances and exits during all hours of operation.
Detailed internal security measures will be identified and maintained after consultation
with the Buckeye Police Department.
f.
If a licensee has surrendered, terminated, or forfeited their license for a medical marijuana
dispensary, their permit for the cultivation facility will automatically terminate upon action by
the Department.
3. Dual License Marijuana Establishments.
a. In addition to any other application requirements, an applicant for any dual license marijuana
establishment shall provide the following:
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i.
A notarized authorization, executed by the property owner, acknowledging and
consenting to the proposed use of the property as a dual license marijuana establishment;
ii.
A floor plan showing the location, dimensions, and type of security measures
demonstrating that the dual license marijuana establishment will be secured, enclosed,
and locked as required by law; and
iii.
A scale drawing depicting the property lines and the separations from the nearest
property boundary of the lot containing the dual license marijuana establishment to the
property boundary of the lot containing any existing uses listed in subsection 3.2.4.J.3.b.
below. If any of the uses are located within 50 feet of the minimum separation, the
drawing, showing actual surveyed separations, shall be prepared by a registered land
surveyor.
iv.
A security plan for review and approval by the Zoning Administrator and Chief of Police.
The plan must provide for adequate security including partitions, surveillance, and building
access considerations. Bars on windows are prohibited.
b. A dual license marijuana establishment must meet the following minimum separation
requirements, measured in a straight line from the closest boundary of the lot containing the
dual license marijuana establishment to the closest property boundary of the lot containing any
existing uses listed below:
i.
2.5 miles from any other medical marijuana dispensary, medical marijuana off-site
cultivation location, or dual license marijuana establishment;
ii.
1 mile from a residential substance abuse diagnostic and treatment facility or any other
residential drug or alcohol rehabilitation facility;
iii.
1 mile from a public, private, parochial, charter, dramatic, dancing or music school, a
learning center, or other similar school or educational facility that caters to children as
determined by the Zoning Administrator;
iv.
1 mile from any residential zoning district or residential use;
v.
1 mile from a childcare center;
vi.
1 mile from a public library or public park;
vii.
1 mile from a religious institution; and
viii.
1 mile from an entertainment facility.
c.
The following size limitations apply to any dual license marijuana establishment:
i.
The total maximum floor area of a dual license marijuana establishment, inclusive of any
secure storage area, must not exceed 2,500 square feet; and
ii.
The secure storage area for the marijuana stored at the dual license marijuana
establishment must not exceed 500 square feet.
d. A dual license marijuana establishment must:
i.
Have operating hours not earlier than 9:00 am and not later than 5:00 pm;
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ii.
Be located in a permanent building and may not be located in a trailer, cargo container,
mobile or modular unit, mobile home, recreational vehicle, or other mobile vehicle. The
facility must include fire protection measures, including sprinklers, as required by the
Buckeye Fire Code;
iii.
Comply with all other applicable property development and design standards of the City;
iv.
Install lighting to illuminate the exterior and interior of the building and all entrances and
exits to the facility. Exterior lighting must be a minimum of five foot candles measured at
ground level and must remain on during all hours between sunset and sunrise each day.
The dual license marijuana establishment must also illuminate all areas of the premises,
including adjacent public sidewalks, so that the areas are readily visible by law
enforcement personnel. Interior lighting must remain on 24 hours each day, with
particular emphasis on the locations of any counters, safe, storage area, and any location
where people are prone to congregate. The lighting must be of sufficient brightness to
ensure that the interior is readily visible from the exterior of the building from a distance
of 100 feet;
v.
Not have drive-through service;
vi.
Have no on-site sales of alcohol or tobacco, and no on-site consumption of food, alcohol,
tobacco, or marijuana;
vii.
Not emit dust, fumes, vapors, or odors into the environment;
viii.
Display a current City business license, and a State of Arizona tax identification letter;
ix.
Notify patrons of the following verbally and through posting of sign(s) in conspicuous
location(s) at the dual license marijuana establishment;
“Patrons must immediately leave the site and not consume marijuana until at home or in
an equivalent private location. Dual license marijuana establishment staff shall monitor
the site and vicinity to ensure compliance.”
x.
Provide, prior to opening the facility, the Buckeye Police department and all property
owners with a 500-foot radius of the dual license marijuana establishment with written
notification via first class U.S. mail;
a) The name, phone number, and email of the on-site community relations staff person
to notify if there are operational problems with the dual license marijuana
establishment; and
b) The name, phone number, and email of the security company responsible for
providing security services to notify if there are security problems at the dual license
marijuana establishment.
xi.
Provide unrestricted access to City code enforcement officers, police officers, or other
agents or employees of the City requesting admission for the purpose of determining
compliance with these standards; and
xii.
Provide security guards at the main entrances and exits during all hours of operation.
Detailed internal security measures will be identified and maintained after consultation
with the Buckeye Police Department.
4. Prohibited Marijuana Uses.
a. Marijuana use prohibited on public property.
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i.
The use, sale, cultivation, manufacture, production, or distribution of marijuana or
marijuana products is prohibited on property that is occupied, owned, controlled, or
operated by the City.
ii.
It is unlawful for an individual to smoke marijuana in a public place or open space in the
City.
b. Marijuana establishment. To the fullest extent allowable by law, the operation of a marijuana
establishment is prohibited in the City, except where authorized for a dual licensee who operates
both a medical marijuana dispensary and a marijuana establishment cooperatively in a shared
location.
c.
Marijuana testing, marijuana cultivation, and marijuana manufacturing.
d. To the fullest extent allowable by law, the operation of marijuana testing, marijuana cultivation,
and marijuana manufacturing is prohibited in the City.
3.2.6
Vehicle Sales and Services Uses.
A. Car Wash.
1.
All new stand-alone car washes (i.e., not an accessory use to a gas station) must be separated
from existing car washes by a minimum of 2,640 feet.
2.
The separation distance must be measured in a straight line from the exterior wall of the new
stand-alone carwash to the nearest property line of an existing car wash.
B. Other Vehicle Sales and Services Uses.
1.
Only those goods and services associated with the primary use may be stored, sold, or displayed.
2.
All activities, operations, and sales must take place entirely within an enclosed structure, except
the following:
a. The dispensing of petroleum products, other fuels, EV charging, water, and air;
b. The provision of emergency services of a minor nature; and
c.
Repairs to a vehicle are only allowed outside when conducted within an area that is
screened from public view.
3.
The openings of service bays must not face public rights-of-way and must be designed to
minimize visual intrusion towards adjoining properties.
4.
No used or discarded automotive parts or equipment or disabled, junked, or wrecked vehicles
may be located in any required parking space, or in any open area outside the main building.
5.
Display areas, storage areas, and customer parking areas must be separated and clearly
distinguished from each other.
6. Building walls must not have any openings, other than non-opening windows, within 30 feet of
an adjacent residential zoning district.
C. Truck Stop. Convenience retail, restaurants, and hotel or motel uses are allowed as accessory uses to
truck stop primary uses.
3.2.7. Industrial Uses.
A. Batch Plants. Batch plants established as a permanent primary or accessory use must comply with
the following standards:
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1.
No batch plants are allowed within a quarter mile of a residential use or zoning district.
2.
A routing plan for egress and ingress to the proposed plant must be submitted. Access to a batch
plant is only allowed via arterial or collector roads.
3.
Batch plants must be enclosed on all sides by a solid wall or fence a minimum of six feet in
height.
4.
Sound. The sound level from the operation of the batch plant must not exceed the levels
permitted in Section 10-1-2 Disturbing and Unnecessary Noise Prohibited, of the Buckeye
Municipal Code.
5.
Dust, fumes, vapors, mists, or gas emissions from the operation of the batch plant must comply
with applicable City, State and Federal air pollution standards .
6.
Emission of odorous gases or other odorous matter are not permitted in quantities as to be
offensive to owners or occupants of adjoining property or in a manner as to create a nuisance or
hazard beyond the property lines of the batch plant.
7.
No vibration is permitted that is discernible beyond the property lines to the human sense of
feeling for a duration of three minutes or more in any one hour of the day between the hours of
7:00 am and 7:00 pm or of a duration of 30 seconds or more in any one hour between the hours
of 7:00 pm and 7:00 am.
8.
No emission is permitted that can cause damage to the health of humans, animals, vegetation, or
property.
9.
The delivery of materials produced at the batch plant to locations outside of the master
development that is intended to be served by the batch plant, or within a radius as approved by
the Zoning Administrator, is prohibited.
10. Separate permits for the batch plant may be required from the City’s Building Division, Public
Works Department, or Fire Department.
11. The site on which the batch plant is located must be restored to its original condition at the
conclusion of the batch plant use, including the demolition and removal of any paved or concrete
surfaces.
B.
Distribution Warehouse. In the BP Zoning District, individual buildings over 200,000 square feet and
cross-docks are prohibited.
C.
General Industrial Service. In the IMU, I-1, and I-2 Zoning Districts, retail sales, offices, parking, and
indoor storage may be allowed as an accessory use.
D.
Landfill. Each sanitary landfill shall be approved in accordance with state and federal regulations and
guidelines and shall be situated on land at least 40 acres in size.
E.
Mini-Storage Facility, Indoor and Outdoor.
1.
All new mini-storage facilities must be separated from existing mini-storage facilities by a
minimum of 2,640 feet.
2.
The separation distance must be measured in a straight line from the exterior wall of the new
mini-storage facility to the nearest property line of an existing mini-storage facility.
3.
The maximum lot frontage for a mini-storage facility located on an arterial street is 300 feet.
4.
All mini-storage facilities must provide minimum 32-foot-wide drive aisles between all buildings
and adjacent to all building walls with storage compartment access doors.
5.
Caretaker’s quarters must be incorporated into and occupy space on the premises of the mini-
storage facility. No freestanding caretaker’s quarters are permitted within the BP district.
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6.
Mini-storage facility with a caretaker’s quarters must include a single 500-square-foot (minimum)
landscaped private recreation area within the mini-storage project adjacent to the caretaker’s
quarters for exclusive use by resident manager/caretaker. The landscaped recreation area must
include a minimum of one large shade tree installed at 24-inch-box size, shrubs, and recreation
equipment as approved by the Zoning Administrator. Recreation equipment must consist of
picnic table and barbecue facilities or other comparable equipment for use by the resident
manager.
7.
Facilities must include a security plan detailing how the site will be monitored 24hours a day. The
security plan must include specific details on monitoring and communication procedures to
receive and address concerns from adjacent residents and property owners.
8.
All buildings in the mini-storage facility must be architecturally compatible with the surrounding
uses. Architectural compatibility is measured as follows:
a. Projects constructed abutting residential zoning districts must display roof design, wall relief
features, and colors commonly found in adjacent residential construction;
b. Projects abutting commercial or industrial districts may employ more rigid lines and
features;
c.
Where a project abuts existing residences or land that is planned for residential uses, the
residential compatibility requirement will control;
9.
Hours of public access to mini-storage units abutting residential zoning districts are restricted to
the period from 6:00 am to 10:00 pm daily.
10.
All setbacks abutting residentially-zoned lots must be landscaped consistent with Chapter 5.4,
Landscaping Standards.
11.
Rear and side building setbacks may be reduced to zero feet for single-story buildings when
adjacent to commercial or industrial zoning districts.
12.
All outdoor storage must be screened from public view. Screening must consist of an opaque wall
or fence with a minimum height of eight feet, constructed in compliance with the standards in
Section 5.4.5, Fences, Walls, and Screening. Except for operational recreational and construction
vehicles, stored materials, equipment, and vehicles must not exceed the height of the screening
fence or wall.
13.
An outdoor mini-storage facility may include outdoor vehicle storage not to exceed a maximum
of 20 percent of the site. No indoor mini-storage facility may include outdoor vehicle storage.
14.
The storage of hazardous materials must comply with all applicable City regulations.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 04-11, § 4, 2-15-2011; Ord. No. 14-15, § 1, 7-7-2015; Ord. No. 18-17, § 2,
7-5-2017; Ord. No. 25-17, § 1(Att. § 2), 12-19-2017; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 01-
24, § 3(Exh. A, B), 2-20-2024)
3.3. ACCESSORY USES AND STRUCTURES
3.3.1. Purpose. This Section authorizes the establishment of accessory uses that are incidental and customarily
subordinate to principal uses, provided that the accessory use complies with all applicable standards in this
Section.
3.3.2. Approval of Accessory Uses and Structures. All principal uses allowed in a zoning district are deemed to
include those accessory uses, structures, and activities typically associated with the use, unless specifically
prohibited in this Development Code. For example, services and amenities provided for the exclusive use of
employees or occupants of a principal use are considered accessory uses and are allowed. No accessory use
may be established prior to establishment of the principal use with which such accessory use is associated.
Section 10.3, Definitions of General Use Categories and Specific Use Types, identifies typical accessory uses
associated with principal uses as part of the principal use definition. All accessory uses are subject to the
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standards in Section 3.3, Accessory Uses and Structures, as well as any use-specific standards applicable to
the associated principal use as set forth in Section 3.2, Use-Specific Standards.
3.3.3. General Standards. All accessory uses and structures, except as provided in Section 3.3.4.A, Accessory
Dwelling Units, for accessory dwelling units (ADUs) must comply with the following general standards:
A.
Compliance with this Development Code. All accessory uses and structures are subject to the
dimensional requirements of Article 4, Dimensional Standards. In the case of any conflict between the
accessory use/structure standards of this Section and any other requirement of this Development
Code, the more restrictive standards shall control.
B.
Location.
1.
In all zoning districts, the accessory use or structure shall be conducted and/or located on the
same lot(s) as the principal use and to the rear of the front setback line, unless otherwise
approved by the Zoning Administrator. Refer to Section 4.2.3.B for standards applicable to
projections into required setbacks.
2.
In all residential zoning districts, accessory structures located to the rear of the primary structure
need not comply with the side or rear setback lines applicable to the primary structure provided
that the accessory structure is not located closer than three feet from any property line. The side
and rear setback for accessory structures greater than 10 feet in height is a minimum of five feet.
Accessory structures with vehicle entrances which directly face an alley shall be setback at least
10 feet from the property line along the alley.
3.
In all nonresidential zoning districts accessory structures located to the side or rear of the
primary structure need not comply with the side or rear setback lines applicable to the primary
structure and may be located on a side or rear property line in compliance with applicable City
Building Code requirements. Accessory structures with vehicle entrances which directly face an
alley must be setback at least 10 feet from the property line along the alley.
C.
Size and Height.
1.
Both primary and accessory structures together must comply with the applicable lot coverage
requirements established by this Development Code.
2.
The maximum height of any accessory structure in all zoning districts except the industrial zoning
districts shall not exceed 24 feet in height provided the structure complies with all applicable
setbacks. However, if an accessory structure encroaches into a setback area as allowed in Section
3.3.3.B, the maximum allowed height is 15 feet.
3.
Within the industrial zoning districts the maximum height of any accessory structure must
comply with the height limitation for the zoning district established in Table 4.1-3: Dimensional
Standards – Nonresidential and Other Districts.
4.
Within the R1-43, RR, and AG Zoning Districts, accessory structures are exempt from the
maximum area and are limited to a maximum height of 22 feet and together with the primary
structure, must comply with the applicable lot coverage requirements established by this
Development Code.
D.
Same Utility Meter Required. The principal use and the accessory use shall utilize the same utility
meter.
E.
Architectural Character. Accessory structures or portions of structures visible from public rights-of-way
or adjacent properties with a gross floor area of 225 square feet or more shall be compatible to and
complimentary with the associated primary structure in terms of building materials and architectural
style. Within the R1-43, RR, and AG Zoning Districts, accessory structures are exempt from architectural
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character requirements except that structure color shall complement the character of the primary
structure.
3.3.4. Additional Standards for Specific Accessory Uses and Structures.
A.
Accessory Dwelling Units. An accessory dwelling unit (ADU) shall be permitted as an accessory use
subject to the following standards:
1.
Districts Allowed. ADUs are allowed as accessory uses to principal residential uses in the zoning
districts listed inTable 3.1-1: Table of Allowed Uses.
2.
Where Permitted on Lot. A permitted ADU shall comply with all applicable site and building
design, access, and other standards for principal dwelling units in the zoning district in which the
ADU will be located, except that the minimum rear and side setback from the property line for an
ADU is five feet. Mobile homes, industrialized housing, recreational vehicles, travel trailers, and
any other wheeled or transportable structure shall not be used as ADUs.
3.
Limit on Number. The following standards are applicable to the number of ADUs on a lot where a
single-family dwelling is allowed:
a.
One attached and one detached ADU;
b.
A lot developed as a duplex is permitted one ADU; and
c.
A minimum of one additional detached ADU on a lot that is one acre or more in size if at
least one of the ADUs is a restricted-affordable dwelling unit. The affordable unit must be
deed restricted and proof must be provided as a condition of the Building Permit.
4.
Size of Accessory Dwelling Unit. The maximum size of an ADU is 75 percent of the gross floor
area of the single family dwelling on the same lot.
5.
Utilities. The ADU is not required to have separate utility services unless the public utility
determines that a separate meter is required for safety reasons.
6.
Density. Accessory dwelling units are not subject to maximum residential densities as provided in
Table 4.1-1: Dimensional Standards – Residential Zoning Districts.
7.
Parking. Parking for vehicles is not required for an ADU.
B.
Domesticated Farm Animals. The keeping of domesticated farm animals is allowed in the AG, R1-43,
and R1-18 Zoning Districts. In the R1-43 and R1-18 Zoning Districts, domesticated farm animals may
only be kept on lots at least one-half acre in size or larger and kept for noncommercial purposes
benefiting the residents of the subject property. An exception is made for backyard fowl, which is
allowed in compliance with the following:
1.
For the purposes of this subsection, “fowl” means a cock or hen of the domestic chicken.
2.
A single-family detached residence may keep up to six fowl in the backyard of the property. ADUs
do not qualify for additional fowl.
3.
Fowl must be kept in an enclosure located in the rear or side yard of the property and at least 20
feet from a neighboring property line. The enclosure must not exceed 200 square feet in area
and must have a roof. The height of the enclosure must not exceed the height of the required
perimeter fence line of the property, but in no instance shall the enclosure exceed eight feet. The
required perimeter fence shall not exceed a height of six feet. If the perimeter fence is located
within the buildable area of the lot, it cannot exceed eight feet in height.
4.
Enclosures shall be maintained and manure picked up and disposed of or composted at least two
times a week. Composted manure shall be kept in a manner that prevents migration of insects.
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5.
No male fowl may be kept, including roosters.
6.
Fowl are prohibited from running at large.
7.
Any water source shall have adequate overflow drainage.
8.
All feed shall be stored in insect-proof and rodent-proof containers.
C.
Home Occupations. A home occupation may be permitted as an accessory use to a principal dwelling
unit in any of the Residential or Mixed-Use Zoning Districts, provided that:
1.
Size/Area. The business or service is located within the dwelling or an associated permitted
accessory building and does not exceed 20 percent of the combined floor area of the structures
or 500 square feet, whichever is less.
2.
Employees and Residency. The principal person(s) providing the business or service shall reside
in the dwelling on the premises. The home occupation may employ no more than one person
who does not reside on the premises.
3.
Neighborhood Compatibility.
a.
All vehicles used in connection with the home occupation shall be of a size, and located on
the premises in such a manner, so as to not disrupt the quiet nature and visual quality of
the neighborhood, and there shall be no more than two vehicles used in connection with
any home occupation.
b.
No more than two off-street parking spaces may be provided for the home occupation, in
addition to those off-street parking spaces required for the dwelling itself in compliance
with Section 5.6, Off-Street Parking.
c.
No additional parking areas other than driveways shall be located in the required front
setback.
d.
The use shall not be conducted in such a manner or advertised in such a way as to attract
consumer traffic or other nonresidential traffic. Advertisements that are displayed in any
media, including telephone directories, shall not give the street address of the home
occupation location.
e.
The home occupation shall not involve more than one business caller or visitor at a time
and not more than two visitors per hour.
f.
The property shall contain no outdoor display or storage of goods or services that are
associated with the home occupation.
g.
Wholesale or retail sales of goods shall not occur on the premises.
h.
The home occupation shall not create traffic or parking congestion, noise, vibration, odor,
glare, fumes, or electrical or communications interference that can be detected by the
normal senses off the premises, including visual or audible interference with radio or
television reception. No heavy machinery shall be operated in connection with the home
occupation. No home occupation shall use chemicals, materials, or equipment that are not
normally found in a residential area.
4.
Prohibited Home Occupations. The following uses, because of their impacts on the surrounding
residential area, are not permitted as home occupations: auto repair or motorized implement
repair; dance, music, or other types of instruction (if more than four students are being
instructed at one time); day care (if providing care and supervision for more than five children or
adults not residing in the household) dental offices; medical offices; the painting of vehicles,
trailers or boats; private schools with organized classes; motor vehicle towing operation; auto
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sales brokers (if any vehicles for sale are brought to the residence); barber shops having more
than one chair, beauty shops having more than one chair; welding shops; and nursing homes.
D.
Outdoor Display and Sales. Outdoor display and/or sale may be allowed as an accessory use for all
commercial and industrial uses, provided that the display of such items does not impede the flow of
pedestrian or vehicular traffic or create an unsafe condition. The outdoor display of goods shall meet
all of the following requirements:
1.
Outdoor display and/or sale requires approval of the Zoning Administrator and may be subject to
appropriate conditions by the Zoning Administrator to ensure compliance with the provisions of
this subsection.
2.
Display of goods shall not be in drive aisles, loading zones, fire lanes, or parking lots, and shall not
obstruct any entrance to the building.
3.
No goods shall be attached to a building's wall surface.
4.
The outdoor display area shall take place on an improved surface such as the sidewalk or
pavement and be clearly marked by a contrasting paint color.
5.
No outdoor displays are allowed in required landscape areas.
6.
At least five feet along the parking lot side of the display shall be maintained free of obstruction
to allow for pedestrian and handicap movement, such that handicapped pedestrians and others
do not have to enter the parking lot or drive aisle to walk around the display.
7.
Outdoor display located within any rights-of-way is prohibited unless allowed in Chapter 9,
Section 19-4, Encroachment Permit for Sidewalk Furniture--Class 2 Permit and as approved by the
City in Downtown parklets.
E.
Outdoor Storage. In the C-3, BP, GC, I-1, and I-2 Zoning Districts, outdoor storage is permitted through
the Site Plan review process and subject to compliance with the following requirements:
1.
Except for outdoor storage associated with agricultural uses, each outdoor storage area shall be
incorporated into the overall design of the primary structure on the site and shall be located at
the rear of the primary structure. Industrial uses that do not include a primary structure, such as
storage yards, are exempt from this provision.
2.
Each outdoor storage area shall be screened from view from all property lines and adjacent
rights-of-way by an opaque fence or wall between six and eight feet in height that incorporates
at least one of the predominant materials and one of the predominant colors used in the primary
structure. The fence may exceed eight feet in height where the difference in grade between the
right-of-way and the outdoor storage area makes a taller fence necessary to effectively screen
the area. Materials may not be stored higher than the height of the wall. The perimeter of the
fence or wall must be landscaped with a seven-foot wide strip containing a minimum of one tree
for every 150 square feet of lot area. Industrial uses that do not include a primary structure, such
as storage yards, must be enclosed by a decorative masonry wall designed and constructed in
compliance with the requirements of Section 5.4.5, Fences, Walls, and Screening.
3.
A landscaped earthen berm may be used instead of or in combination with a required fence or
wall.
4.
If the outdoor storage area is covered, then the covering shall include at least one of the
predominant exposed roofing colors on the primary structure.
5.
No materials may be stored in areas intended for vehicular or pedestrian circulation.
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6.
No storage of any items may occur within the front setback area or within the one-half of each
side setback nearest the street, except that in the I-2 Zoning District, walled storage yards must
not encroach into required front and streetside setback areas or one-half the width of required
side and rear setback areas.
F.
Outdoor Storage (Vehicles).
1.
Residential. Outdoor storage of vehicles, trucks, utility trailers, boats, truck campers, camping
trailers, and unoccupied recreational vehicles is allowed as an accessory use in residential zoning
districts subject to compliance with the following requirements:
a.
Off-street parking spaces for all vehicles shall be provided. The parking areas shall be paved
in compliance with the standards provided in Section 5.6.9.A, Surface.
b.
Only a single semi-trailer truck and/or a single recreational vehicle can be stored on a single
residential lot.
c.
All semi-trailer trucks and recreational vehicles shall be parked within a garage or in the
side, or rear yard.
d.
The truck or recreational vehicle shall be screened by a minimum six-foot high block wall or
opaque wood fence. All screen walls, fences, and gates shall be erected and maintained in
conformance with the provisions of this Code.
e.
Recreational vehicles located on properties zoned for residential uses may not be utilized
for living by any person.
f.
There shall not be any type of vehicle stored on a vacant parcel of land.
2.
Overnight Parking of Travel Trailers, Motor Homes, and RVs. The use of travel trailers, motor
homes, and RVs for camping or staying overnight within the City limits is regulated under the
provisions of Buckeye Municipal Code Section 11-1-7, Picnic, Camping Areas, Sports Fields and
Courts; Urban Camping Prohibited.
3.
Nonresidential. Outdoor storage of vehicles and equipment may be allowed as an accessory use
in GC, C-3, I-1, and I-2 Zoning Districts only through the Site Plan review process and subject to
compliance with the following requirements:
a.
Except on sites undergoing construction activity, portable offices are allowed to be stored
only in conjunction with a principal industrial use and shall be placed in the rear half of the
lot. Stored vehicles must be screened from view from a public right-of-way.
b.
Inoperable vehicles shall be stored only in conjunction with an industrial use completely
screened from view of a public street.
c.
There shall not be any type of vehicle stored on a vacant parcel of land.
d.
Off-street parking spaces for all vehicles shall be provided. The driveway and parking areas
shall be paved with concrete, asphalt, pavers, or a surface of similar durability.
G.
Portable Storage Containers and Construction Trailers
1.
The dimensions of a portable storage container must not exceed 8.5 feet in height and eight feet
in width. The length of the portable storage container may vary and must not exceed 40 feet in
length.
2.
The temporary placement of a portable storage container on any residential lot for the purpose
of loading and unloading household contents is permitted for a maximum of seven days per
calendar year.
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3.
The temporary placement of a portable storage container on a lot for an emergency situation or
construction activities that do not require a Building Permit is permitted subject to the approval
of a SETUP and the standards specified in Section 3.4, Temporary Uses and Structures.
4.
The permanent placement of storage containers is permitted in the industrial zoning districts
subject to the following standards:
a.
The storage container(s) are considered accessory structures to the principal structure;
b.
The storage container(s) must be placed and painted in compliance with all standards of
this Code;
c.
The maximum size of an individual storage container is 320 square feet;
d.
The maximum height of an individual storage container is 10 feet measured from grade to
the top of the container; and
e.
Storage containers must be used for storage purposes only and may not be used as
habitable space and connected to sewer, water, or gas service. Electrical service for
lighting and outlets is allowed.
5.
Construction trailers are subject to the following requirements:
a.
The construction trailer must remain on-site only for the duration of an active Building
Permit. Abandoned trailers are not permitted on the site.
b.
The construction trailer and attendant parking must be located on-site and must not
interfere with safe ingress and egress to developed areas or areas under construction.
c.
The construction trailer must be removed from the site prior to Certificate of Occupancy,
or within 30 days after the final Certificate of Occupancy in the case of residential
development.
6.
Storage containers may be utilized in the construction of residential or commercial buildings
provided that they comply with all applicable Building Code requirements and the standards
included in this Code.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 07-12, §§ 1, 2, 3-20-2012; Ord. No. 18-17, §§ 3, 4, 7-5-2017; Ord. No. 25-
17, § 1(Att. § 3), 12-19-2017; Ord. No. 09-18, § 2(Att. § 3.3), 3-6-2018; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-
2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
3.4. TEMPORARY USES AND STRUCTURES
3.4.1. Purpose. This section allows for the establishment of certain temporary uses, provided that a SETUP, if
required, is properly obtained and the temporary use complies with the standards of this section.
3.4.2. Temporary Uses Allowed. The following temporary uses are allowed provided they comply with the
conditions stated below:
A.
Antennas, Temporary. Temporary antennas may only be allowed in the following instances:
1.
In conjunction with a festival, carnival, or other permitted temporary use. The antenna(s) are
only allowed commencing from one week prior to the event and must be removed one week
after the event.
2.
In conjunction with a natural calamity such as a storm or other emergency as declared by the
City's Police or Fire Departments, in which the calamity has damaged or destroyed the regular
facilities, and the temporary facilities are needed to restore service until the damage can be
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repaired or replaced. The facility owner or the service provider shall notify the City within 24
hours of the outage and must receive an Administrative Permit if the temporary facility will be
required for more than seven days.
B.
Batch Plant, Temporary. Outside deliveries of concrete from the proposed temporary batch plant to
locations outside of the development being served by the temporary batch plant are prohibited.
Separate permits for the temporary batch plant may be required from the City’s Building Division,
Public Works Department, or Fire Department. The site shall be restored to pre-event condition at the
conclusion of the temporary use, including the demolition and removal of any paved surfaces.
Additional conditions may apply as part of the SETUP approval, as determined by the Zoning
Administrator.
C.
Expansion or Replacement Facilities, Temporary. Expansion or replacement facilities are permitted,
provided that they consist of transportable buildings that are pre-constructed and arrive at the site
ready for occupancy and are readily removed and installed at other sites. Such facilities may include,
but are not limited to, the following:
1.
Expansion of existing religious assembly facilities, health care facilities, schools, and government
offices following the approval of filed plans and applications for the permanent
alteration/expansion of these facilities.
2.
Temporary classroom space for existing schools.
3.
Temporary office space for construction and security personnel during the construction of an
approved development for which a Grading or Building Permit has been issued.
4.
Temporary space for recreational uses provided in connection with an approved residential
development under construction.
5.
Temporary space for a nonresidential or residential use following damage to or destruction of a
building by fire or other catastrophic event.
6.
Temporary office space (one per site) for hiring, membership solicitation, apartment
office/leasing, and general office use following the issuance of a Building Permit for the
construction of a permanent building.
D.
Food Truck (Mobile Food Vendor). Food trucks located on private property are temporary uses subject
to the following:
1.
Food trucks and all associated equipment must not be located on a single property for greater
than 12 continuous hours within a 24-hour period, unless it is associated with a longer-term
permitted temporary or special event. Food trucks which intend to permanently locate on a
private property are permanent uses and require full site improvements and Site Plan review.
2.
Food trucks, signs, seating, and associated customer parking must be located entirely on private
property on a paved or approved dust-free surface. Food trucks on public property are governed
by the Buckeye City Code and applicable state law.
3.
Food trucks must not be located within 250 feet of residential zoned property except when
located on land owned and maintained by a Homeowners Association in conjunction with an
authorized community event.
a.
Catering service as defined by this Code is not subject to the limitations of this subsection.
b.
Assembly uses or nonresidential uses that contain an on-site parking lot such as parks,
libraries, and schools, are not subject to the limitations of this subsection.
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4.
Tents, temporary lighting, sound equipment, storage containers, coolers, refrigerators, storage
buildings, permanent canopies or other structures associated with the food truck are not
permitted, unless approved through a SETUP in Section 3.4.4, Special Event Temporary Use
Permits.
5.
Food trucks must be operable/drivable, licensed and comply with all Maricopa County Health
Department requirements.
6.
Food trucks must be licensed in compliance with City of Buckeye license requirements.
E.
Hot Air Balloons. Hot air balloons require clearance from Luke Air Force Base prior to the approval of a
SETUP.
F.
Portable Restrooms, Temporary. Temporary portable restrooms are only allowed when authorized as
part of temporary construction or a temporary event use that is subject to approval of a SETUP, as part
of an approved Model Home Complex, or when approved by the Zoning Administrator.
G.
Portable Storage Containers, Temporary. The temporary placement of portable storage containers on
a lot for an emergency situation or construction activities that do not require a Building Permit is
permitted subject to the following:
1.
The property owner must obtain a SETUP within five business days of the emergency or prior to
the placement of the container if used for construction activities.
2.
The maximum duration that the storage container may remain on a property is as follows:
a. Residential zoning districts. 90 consecutive days, with the option of a one-time extension of
an additional 90 consecutive days, for a maximum total of 180 consecutive days within one
year from the date that the initial SETUP was issued.
b. All nonresidential zoning districts. 120 consecutive days, with the option of a one-time
extension of an additional 90 consecutive days, for a maximum total of 210 consecutive days
within one year from the date that the initial SETUP was issued.
3.
In all nonresidential districts, portable storage containers are allowed as a temporary use, subject
to the issuance of a SETUP, during the construction, remodeling, or redevelopment of permanent
on-site buildings and facilities. Portable storage containers may be an accessory to a temporary
use such as a special event or temporary retail sale that is periodic or intermittent.
a. The Zoning Administrator may add conditions specifying and limiting the number, size,
location, and duration of the storage containers.
b. Portable storage containers must not be located in landscape areas, open space, retention
basins, drive aisles, fire lanes, required parking spaces, loading zones, or any other location
that may cause hazardous conditions, constitute a threat to public safety, or create a
condition detrimental to surrounding land uses and developments.
H.
Retail Sales, Temporary. Retail sales of products, including but not limited to Christmas trees, nursery
products, agricultural produce, or fireworks, is permitted in any nonresidential district for a period not
to exceed the number of days specified in the SETUP. Display of products need not comply with the
yard and setback requirements of this Development Code provided that no displays are located within
an area restricted by the vision clearance area requirements of this Code or Engineering Design
Standards.
I.
Roadside Stand, Temporary. A temporary structure or use for the seasonal retail sale of locally grown
food products such as food and vegetables may be allowed in the RR, AG and R1-43 Zoning Districts.
Additional right-of-way permits and/or business licensing may be required.
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J.
Sales/Leasing Office, Temporary. A temporary sales or leasing office that is located within a
permanent structure, such as a model home, is permitted for residential development in any
residential or mixed-use zoning district until all of the lots, houses, or dwelling units are sold or leased.
A modular or manufactured building may be used for a period of six months, or until the first six
lots/units or 10 percent of the lots/units that have been final platted/approved, whichever is less, are
improved; after which time the modular or manufactured building must be replaced with a sales or
leasing office within a permanent structure. Use of the sales or leasing office for sites outside of the
project is prohibited.
K.
Yard Sales, Temporary. Yard sales in agricultural and residential zoning districts are permitted on any
property where residential use is the principal use and do not require the issuance of a SETUP in
Section 3.4.4, Special Event Temporary Use Permits, unless the length or frequency of the yard sale
exceeds that exempt under Section 3.4.4C, Permit Exemptions. Yard sales in mixed-use development
are only permitted on property where residential use is the principal use, and only after issuance of a
SETUP under Section 3.4.4, Special Event Temporary Use Permits. No yard sale may exceed 72 hours in
any 30-day period.
L.
Other Temporary Uses. The Zoning Administrator may approve other temporary uses or structures
using the process established in Section 3.1.4, Classification of New and Unlisted Uses.
3.4.3. General Requirements for All Temporary Uses and Structures. All temporary uses or structures shall meet
the following general requirements, unless otherwise specified in this Code:
A.
Written property owner permission is required for all temporary uses.
B.
Permanent alterations to the site are prohibited.
C.
All temporary signs associated with the temporary use or structure shall comply with the standards of
Section 5.11.7, Standards for Portable and Temporary Signs and shall be removed when the activity
ends.
D.
The temporary use or structure shall not violate any applicable conditions of approval that apply to a
principal use on the site.
E.
The temporary use standards of this Section do not exempt the property owner from any other
required permits, such as Health Department permits.
F.
If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or
structure to occur, as well as any parking and traffic movement that may be associated with the
temporary use.
G.
If the property is developed, the temporary use shall be located in an area that is not actively used by
an existing approved principal use, and that would support the proposed temporary use without
encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic
movements, emergency access, pedestrian circulation, or parking space availability. Tents and other
temporary structures shall be located not to interfere with the normal operations of any permanent
use located on the property.
H.
Driveways, sidewalks, or parking areas must not be blocked or their function impeded. Streets must
not be blocked or their function impeded, unless otherwise approved through a SETUP. Provisions
must be made to provide for the safe and efficient flow of traffic during the temporary use.
I.
All temporary lighting and sound equipment shall be directed away from adjacent rights-of-way and
properties and extinguished/silenced at the close of business.
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J.
All temporary vehicles/structures/tents shall not exceed the maximum height allowed in the zoning
district in which the temporary use is located and must be located at least 50 feet from a residential
use.
3.4.4. Special Event Temporary Use Permits.
A.
Permit Required. All temporary uses and structures shall obtain a SETUP in compliance with the
procedures set forth in Section 8.10, Special Event Temporary Use Permits, of this Development Code.
B.
Duration. Operational timeframes for a temporary use are left to the discretion of the Zoning
Administrator. In no case may a temporary use operate for more than one year, without re-evaluation
of the temporary use.
C.
Permit Exemptions. The following temporary uses are deemed approved in any zoning district and do
not have to obtain a SETUP, provided that the proposed temporary use complies with the
requirements in Section 3.4.2, Temporary Uses Allowed and Section 3.4.3, General Requirements for All
Temporary Uses and Structures:
1.
City-sponsored events and/or temporary uses;
2.
Up to seven, maximum two-day garage or yard sales per year per dwelling unit;
3.
Temporary car washes, provided that the total number of days is no more than seven per year;
4.
Gatherings of less than 100 people on private or homeowners association property, nonprofit
bazaars, and fundraisers, provided such gatherings in residential areas are confined to the hours
of 8:00 am to 10:00 pm;
5.
Temporary uses that occur wholly within an enclosed permanent building;
6.
Construction trailers, provided they are placed in compliance with subsection 3.3.4.G.5;
7.
Food trucks;
8.
Yard sales as described in Section 3.4.2.K; and
9.
Temporary office space for construction and security personnel.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 11-20, § 3, 8-18-2020; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022;
Ord. No. 36-22, § 3(Att.), 12-20-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
3.5. DEFINITIONS OF USE CATEGORIES AND SPECIFIC USE TYPES
3.5.1. Purpose. This section defines the general use categories and specific use types listed in Table 3.1-1, Table of
Allowed Uses.
3.5.2. Residential Uses.
A.
Household Living. This use category is characterized by residential occupancy of a dwelling unit by a
household. Tenancy is arranged on a month-to-month or longer basis (lodging where tenancy may be
arranged for a period of less than 30 days is classified under the "visitor accommodation" category).
Common accessory uses include recreational activities, raising of pets, gardens, personal storage
buildings, hobbies, and parking of the occupants' vehicles. Specific household living use types include,
but are not limited to:
1.
Accessory Dwelling Unit. A self-contained living unit that is on the same lot as a single-family
dwelling of greater square footage than the ADU, that includes its own sleeping and sanitation
facilities and that may include its own kitchen facilities. ADUs are also known as a granny flat,
mother-in-law apartment, casita, or carriage house.
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2.
Bungalow Community. A grouping of small, compact, detached and/or attached single-family
dwelling units on a single lot clustered around a common usable area and developed with a
shared plan for access and parking, and a coordinated design for the buildings and site.
3.
Dwelling, Duplex. Two dwelling units on the same parcel or lot in attached, detached or semi-
detached arrangements that are designed for residential occupancy by not more than two
households living independently from each other.
4.
Dwelling, Fourplex. Four dwelling units on the same parcel or lot in attached, detached or
semidetached arrangements that are designed for residential occupancy by not more than four
households living independently from each other.
5.
Dwelling, Multi-Family. A residential building designed for occupancy by five or more families
living independently of each other in separate units.
6.
Dwelling, Manufactured Home. A transportable structure built on a permanent chassis in a
factory or manufacturing plant in compliance with the Housing and Urban Development
standards that is designed to be used as a dwelling with or without a permanent foundation and
under the regulation of the Arizona State Office of Manufactured Housing.
7.
Dwelling, Mobile Home. A structure, transportable in one or more sections, that is at least eight
feet in width and 32 feet in length and that is built on a permanent chassis and designed to be
used as a dwelling unit, with or without a permanent foundation, when connected to on-site
utilities, and that was not constructed in compliance with the National Manufactured Home
Construction and Safety Standards Act of 1974 and Title VI of the Housing and Development
Services Act of 1974. Residential use of mobile homes constructed prior to 1976 is prohibited.
8.
Dwelling, Single-Family Attached. A residential building designed for occupancy by one family on
its own individual lot that shares one or more common or abutting walls with one or more
dwelling units. An attached single-family dwelling does not share common floors/ceilings with
other dwelling units.
9.
Dwelling, Single-Family Detached. A building designed for or used as a residence by one family
and having no walls in common with adjoining buildings.
10.
Dwelling, Triplex. Three dwelling units on the same parcel or lot in attached, detached or
semidetached arrangements that are designed for residential occupancy by not more than three
households living independently from each other.
11.
Dwelling, Zero Lot Line. A detached residential building that has only one side yard.
12.
Family. An individual or two or more persons related by blood, marriage, or adoption. Also, a
group of not more than six persons, who need not be related, living together as a single
housekeeping unit in a dwelling unit.
13.
Household. A single person living or residing in a dwelling or place of residence, or two or more
persons living together or residing in the same dwelling or place of residence.
14.
Middle Housing. Buildings that are compatible in scale, form, and character with single-family
houses and that contain two or more attached, detached, stacked or clustered homes. Middle
housing includes duplexes, triplexes, fourplexes, and townhouses.
15.
Mobile or Manufactured Home Park. A site with required improvements and utilities for the
long-term parking/siting of mobile homes or manufactured homes, which may include services
and facilities for the residents.
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16.
Mobile or Manufactured Home Subdivision. A subdivision with required improvements and
utilities for the long-term parking/siting of mobile homes or manufactured homes on individual
home lots, which may include services and facilities for the residents.
17.
Townhome/Townhouse. Dwelling units that are constructed in a row of two or more attached
units in which each dwelling unit shares at least one common wall with an adjacent unit and that
are accessed by separate outdoor entrances. Townhomes where each dwelling unit is on its own
parcel or lot are considered single-family attached. Townhomes with five or more units on the
same parcel or lot are considered multi-family and not middle housing for the purpose of this
Development Code.
B.
Group Living. This category is characterized by residential occupancy of a structure by a group of
people who do not meet the definition of "household living." Tenancy is arranged on a monthly or
longer basis, and the size of the group may be larger than a family. Generally, group living structures
have a common eating area for residents. The residents may receive care, training, or treatment, and
caregivers may or may not also reside at the site. Accessory uses commonly include recreational
facilities and vehicle parking for occupants and staff. Specific group living use types include, but are not
limited to:
1.
Assisted Living, Commercial. Premises used for the housing of and caring for the ambulatory,
aged or infirm, other than a hospital, licensed by the Arizona State Department of Health Services
(AZDHS) for more than 10 persons.
2.
Assisted Living, Residential. A dwelling unit used for the housing of and caring for the
ambulatory, aged or infirm, other than a hospital, licensed by the AZDHS and registered with the
City for more than six, but not more than 10 persons in a residential setting. A residential assisted
living home shall not be located on a lot within 1,200 feet, measured by a straight line in any
direction, from another residential assisted living home, group home, or group recovery home as
measured from property line to property line. The separation requirements do not apply to
residential assisted living homes, group homes, or group recovery homes separated by arterial
roads. See Section 8.13.2, Reasonable Accommodation for procedural requirements related to
disability accommodations.
3.
Boarding House/Guest Room. A building arranged or used for lodging with no more than five
bedrooms, with or without meals, for compensation and not occupied as a single-family unit. A
board house may also be known as single room occupancy. The occupancy of one or two
bedrooms for compensation is not considered a boarding, dormitory, or rooming house, provided
not more than two guests occupy each bedroom.
4.
Group Home. A residential facility licensed by the AZDHS and registered with the City that
provides residence and incidental medical treatment for more than six, but no more than 10
persons with disabilities or minors living in a single dwelling unit who need mutual support
furnished by other residents in the facility as well as the support services (if any) provided by the
facility staff. A group home shall not be located on a lot within 1,200 feet, measured by a straight
line in any direction, from another group home, residential assisted living home, or group
recovery home as measured from property line to property line. The separation requirements do
not apply to residential assisted living homes, group homes, or group recovery homes separated
by arterial roads. See Section 8.13.2, Reasonable Accommodation for procedural requirements
related to disability accommodations.
5.
Group Recovery Home. A residential facility licensed by the AZDHS and registered with the City
which provides residence and incidental medical treatment for more than six, but no more than
10 persons who are in the process of recovery and/or adjustment from alcoholism, drug abuse,
or mental health afflictions living in a single dwelling unit who need mutual support furnished by
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other residents in the facility as well as the support services (if any) provided by the facility staff.
A group recovery home shall not be located on a lot within 1,200 feet, measured by a straight
line in any direction, from another group recovery home, residential assisted living home, or
group home as measured from property line to property line. The separation requirements do
not apply to residential assisted living homes, group homes, or group recovery homes separated
by arterial roads. See Section 8.13.2, Reasonable Accommodation for procedural requirements
related to disability accommodations.
6.
Nursing Home. A health care facility, other than a hospital, licensed by the AZDHS, designed to
provide housing, meals, and treatment, and skilled nursing care on a long-term basis to more
than six individuals who, because of age, illness or infirmity, are unable to care for themselves.
7.
Shelter Care Facility. A residential care facility for no more than 10 persons which provides
temporary lodging, meals, counseling, and full-time supervision to individuals and groups such as
pregnant teenagers, victims of domestic violence, neglected children, and runaways for periods
of less than 30 consecutive days.
8.
Shelter Care Facility, Homeless. A facility which provides temporary lodging, meals, and sanitary
facilities for no more than 10 people without permanent housing.
3.5.3. Public/Institutional Uses.
A.
Community Service. Uses including buildings, structures, or facilities owned, operated, or occupied by
a governmental entity or nonprofit organization to provide a service to the public. Specific community
service use types include, but are not limited to:
1.
Cemetery. Land used or dedicated to the interment of human or animal remains, including
columbaria, mausoleums, mortuaries, and associated maintenance facilities when operated in
conjunction with, and within the boundaries of, the cemetery.
2.
Crematorium or Funeral Parlor. A location containing properly installed, certified apparatus
intended for use in the act of cremation, or an establishment for the preparation of the deceased
for burial and the display of the deceased and rituals connected with, and conducted before,
burial or cremation. This definition may include a facility for the permanent storage of cremated
remains of the dead.
3.
Government Administration and Civic Buildings. An office of a governmental agency that
provides administrative and/or direct services to the public, such as, but not limited to: post
offices, employment offices, public assistance offices, or motor vehicle licensing and registration
services.
4.
Public Safety Facility. The conduct of publicly owned safety and emergency services, such as, but
not limited to, fire stations, police stations, and emergency medical and ambulance services.
5.
Social Service Facility. A public or nonprofit facility that is not a hospital, nursing home, day care
center, group care home, residential facility, boarding house, or health clinic.
B.
Day Care Facility. Day care uses include facilities that provide care for children or adults on a regular
basis away from their primary residence. This category does not include public or private schools or
facilities operated in connection with an employment use, shopping center, or other principal use,
where children are cared for while parents or guardians are occupied on the premises or in the
immediate vicinity. Accessory uses include offices, recreation areas, and parking. Specific day care use
types include, but are not limited to:
1.
Day Care, Commercial. An establishment licensed by the AZDHS providing care and supervision
for five or more persons on a less than 24-hour basis. This classification includes nursery schools,
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preschools, day care centers for children or adults, and any other day care facility licensed by the
state.
2.
Day Care, Residential. An establishment licensed by the AZDHS that provides either child day
care for at least six and not more than 10 children or adult day care for at least six and not more
than 10 adults. The following uses are not a residential day care use: group home; group recovery
home; shelter care facility; shelter care facility, homeless; and day care, home occupation.
C.
Health Care Facility. Health care uses are characterized by activities focusing on medical services,
particularly licensed public or private institutions that provide primary health services and medical or
surgical care to persons suffering from illness, disease, injury, deformity, or other physical or mental
conditions. Accessory uses may include laboratories, outpatient, or training facilities, and parking, or
other amenities primarily for the use of employees in the firm or building. Specific health care facility
use types include, but are not limited to:
1.
Hospital. A public or private facility, which can include multiple buildings, for the accommodation
of sick, injured, or infirm persons, and for the provision of related outpatient services. Services
regularly include the keeping of patients overnight. Accessory uses include heliports and related
facilities, and parking.
2.
Medical Office or Clinic. A public or private facility primarily engaged in furnishing, on an
outpatient basis, chiropractic, dental, medical, surgical, medical imaging, or other services to
individuals, including the offices of chiropractors, physicians, dentists, drug therapists, and other
health practitioners, medical and dental laboratories, outpatient care and outpatient care
facilities. Patients are not kept overnight except under emergency conditions.
D.
Wireless Facilities. Wireless facilities transmit analog or digital voice or communications information
between or among points using electromagnetic signals via antennas, microwave dishes, and similar
structures. Supporting equipment includes buildings, shelters, cabinets, towers, electrical equipment,
parking areas, and other accessory developments. Specific wireless facility use types and related terms
include, but are not limited to:
1.
Alternative Tower Structure. An innovative wireless tower design, such as a clock tower, grain silo,
bell tower, false chimney, steeple, light pole, flagpole, windmill, and similar design mounting
structures, that camouflage or conceal the presence of wireless antennae or towers. Alternative
tower structures may also include utilization of a traffic signal streetlight pole or similar structure,
or freestanding structure within a public right-of-way as approved by the Zoning Administrator on
a case-by-case basis.
2.
Amateur Radio Antenna. A freestanding or building-mounted structure, including any base, tower,
pole, antenna, and appurtenances, intended for airway telecommunications purposes by a person
holding a valid amateur radio (HAM) license issued by the FCC.
3.
Antenna. Communications equipment that transmits or receives electromagnetic radio frequency
signals and that is used in providing wireless services.
4.
Backhaul. The connection from a wireless facility base station to the core network of the internet.
5.
Base Station. The structure or equipment at a fixed location that enables wireless communications
licensed or authorized by the FCC, between user equipment and a communications network. The
term does not encompass a tower or monopole as defined in this chapter or any equipment
associated with a tower or monopole:
a. The term includes, but is not limited to, equipment associated with wireless communications
services, such as private, broadcast, and public safety services, as well as unlicensed wireless
services and fixed wireless services.
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b. The term includes, but is not limited to, radio transceivers, antennae, coaxial or fiber-optic
cable, regular and backup power supplies, and comparable equipment, regardless of
technological configuration (including distributed antenna systems and small-cell networks).
c.
The term includes any structure other than a tower or monopole that, at the time the relevant
wireless facility application is filed with the City under this chapter, supports or houses
equipment, and that has been reviewed and approved under the applicable zoning or siting
process, or under another state, county or local regulatory review process, even if the
structure was not built for the sole or primary purpose of providing such support.
d. The term does not include any structure that, at the time the relevant wireless facility
application is filed with the City under this chapter, does not support or house equipment
described in subsections a) and/or b) above.
6.
Broadcasting or Recording Studio (No Tower). A building or portion of a building used as a place
for radio or television broadcasting or recording but without a transmission tower.
7.
Cell on Wheels (COW). A mobile cell site that consists of a cellular antenna tower and electronic
radio transceiver equipment on a truck or a trailer designed to be part of a cellular network and
temporary in nature.
8.
Satellite Earth Station. A telecommunication facility that transmits to and/or receives signals from
an orbiting satellite.
9.
Collocate or Collocation. To install, mount, maintain, modify, operate, or replace wireless facilities
on, within, or adjacent to a wireless support structure.
10.
Collocation, Major. A collocation of a wireless facility where the proposed wireless facility
equipment exceeds 10 feet above the supporting structure and/or exceeds 50 feet above ground
level.
11.
Collocation, Minor. A collocation of a wireless facility where the proposed wireless facility
equipment does not exceed 10 feet above the supporting structure and does not exceed 50 feet
above ground level.
12.
Conceal or Concealment. Wireless facilities designed or disguised to look like something other
than a wireless facility or base station.
13.
Deemed Approved. A wireless facility modification or building permit application that has been
deemed approved upon the City's failure to act, and has become effective, as provided pursuant
to the FCC, the state, and this Development Code.
14.
Existing. For purposes of this Chapter, wireless facilities that were reviewed and approved under
the applicable zoning or siting process in effect before the effective date of this section, provided
that a tower that was not reviewed and approved prior to the effective date of this Section,
because it was not in a zoned area when it was built, but was lawfully constructed, is existing for
purposes of this definition.
15.
FCC. The Federal Communications Commission or its successor.
16.
Microcell. A device that is connected to aerial facilities and used solely for transmitting, processing,
and receiving voice and data wireless telecommunications services, without any associated ground
mounted equipment. The device is often referred to as an "ASME" (aerial strand mounted
equipment).
17.
Monopole. A wireless support structure composed of a single spire used to support
communications equipment and having no guy wires or ground anchors. A monopole, excluding
municipal towers, shall not be greater than 40 inches in diameter at ground level and shall have all
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of the wireless facilities mounted on the pole and wiring contained inside of the pole. Includes
monopalms, monocactus, monopines, and monobroadleaf wireless towers.
18.
Public right-of-way ("ROW"). The area on, below, or above a public roadway, highway, street,
sidewalk, alley, or utility easement. Right-of-way does not include a federal interstate highway, a
state highway, or state route under the jurisdiction of the department of transportation, a private
easement, property that is owned by a special taxing district, or a utility easement that does not
authorize the deployment sought by the wireless provider.
19.
Rooftop-Mounted Wireless Facility. A wireless facility with the antennae located on the roof of a
building or on top of a structure and consisting of antennae, support structures, and accessory
equipment which are adequately screened so as not to appear as stand-alone devices above the
top of the roof line.
20.
Small Wireless Facility ("SWF"). Refer to Section 19-11-5 of the Buckeye Municipal Code.
21.
Structure-Mounted Wireless Facility. A wireless facility with the antennae located on the wall or
roof of a building or on the side or top of a structure, including collocating on an existing
freestanding wireless facility and consisting of antennae, support structures, and accessory
equipment.
22.
Tower. Any structure built for the sole or primary purpose of supporting any antennae and their
associated facilities, licensed or authorized by the FCC, such as structures that are constructed for
wireless communications services, including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed wireless services, such as
microwave backhaul, and the associated site.
23.
Transmission Equipment. Equipment that facilitates transmission for any wireless communication
service licensed or authorized by the FCC, including, but not limited to, radio transceivers,
antennae, coaxial or fiber-optic cable, and regular and back-up power supply. The term includes
equipment associated with wireless communications services including, but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul.
24.
Wireless Facility.
a.
Equipment at a fixed location that enables wireless communications between user
equipment and a communications network, including both of the following:
i. Equipment associated with wireless communications.
ii. Radio transceivers, antennae, coaxial or fiber-optic cables, regular and backup power
supplies, and comparable equipment, regardless of technological configuration.
b.
Includes Small Wireless Facilities. Refer to Section 19-11-5, Small Wireless Facilities.
c.
Does not include the structure or improvements on, under, or within which the equipment
is collocated, wireline backhaul facilities, coaxial or fiber-optic cable that is between wireless
support structures or utility poles, or coaxial or fiber-optic cable that is otherwise not
immediately adjacent to, or directly associated with, an antenna.
d.
Does not include Wi-Fi radio equipment described in A.R.S. § 9-506(I) or microcell
equipment described in A.R.S. § 9-584(E).
25.
Wireless Facility Monopole Modification, Major. A modification of an existing wireless facility
monopole where the proposed monopole and base station exceeds the greater of either:
a.
An increase in height of the tower greater than 10 feet; or
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b.
An increase of base station area greater than 10 percent of the existing facility.
26.
Wireless Facility Monopole Modification, Minor. A modification of an existing wireless facility
monopole where the proposed monopole and base station does not exceed the greater of either:
a.
An increase in height of the monopole less than 10 feet; or
b.
An increase of base station area less than 10 percent of the existing facility.
27.
Wireless Support Structure. A freestanding structure, such as a monopole; a tower, either guyed
or self-supporting; a sign or billboard; or any other existing or proposed structure designed to
support, or capable of supporting, wireless facilities. Does not include utility poles.
E.
Transportation Facility. This category includes facilities that receive and discharge passengers and
freight. Accessory uses include freight handling areas, concessions, offices, parking, and maintenance
and fueling facilities. Specific transportation facility use types include, but are not limited to:
1.
Airport. A place where aircraft can land and depart, usually equipped with landing field facilities
for refueling and repair, and various accommodations for passengers.
2.
Bus Terminal. Any premises for the transient housing or parking of motor-driven buses and the
loading and unloading of passengers.
3.
Heliport. An area designed to be used for the landing or takeoff of helicopters, which may
include all necessary passenger and cargo facilities, fueling, and emergency service facilities.
F.
Utility. This category includes both major utilities, which are infrastructure services providing regional
or community-wide service, and minor utilities, which are infrastructure services that need to be
located in or near the neighborhood where the service is provided. Services may be publicly or
privately provided. Accessory uses may include control, monitoring, data, or transmission equipment.
1.
Battery Energy Storage System (BESS). A system consisting of electrochemical, kinetic, thermal,
or other form of energy-storage technology storage batteries, battery chargers, controls, power
conditioning systems and associated electrical equipment, assembled, capable of storing energy
to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an
electric motor vehicle. For the purposes of this Development Code, BESS excludes residential
battery storage.
a.
Battery. A single cell, stack, core building block, or a group of cells connected electrically in
series, in parallel, or a combination of both, which can charge, discharge, and store energy
electrochemically. For the purposes of this Chapter, batteries utilized in consumer products
are excluded from these requirements.
b.
Battery Management System. An electronic system that prevents storage batteries from
operating outside their safe operating parameters and disconnects electrical power to the
energy storage system or places it in a safe condition if potentially hazardous temperatures
or other conditions are detected. The system generates an alarm and trouble signal for
abnormal conditions.
c.
Cell. The basic electrochemical unit, characterized by an anode and a cathode, used to
receive, store, and deliver electrical energy.
d.
Commissioning. A systematic process that provides documented confirmation that a
battery energy storage system functions according to the intended design criteria and
complies with applicable Code requirements.
e.
Decommissioning Plan. A plan to retire the physical facilities of the Project, including
decontamination, dismantlement, rehabilitation, landscaping and monitoring. The plan
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contains detailed information on the proposed decommissioning and covers the schedule,
type, and sequence of decommissioning activities; waste management, storage and
disposal of the waste from decommissioning; the timeframe for decommissioning and site
rehabilitation.
f.
Energy Storage System. A system which stores energy and releases it in the same form as
was input.
2.
Solar Generation Station. An electrical energy generation plant comprised of one or more free-
standing, ground-mounted devices that capture solar energy and convert it to electrical energy
for use by an off-site electric utility provider. Solar generation stations typically utilize
photovoltaic solar cells. A solar generation station may also be known as a solar plant, solar
generation plant or solar farm.
3.
Utility Facility, Major. A service of a regional nature that normally entails the construction of new
buildings or structures, and that typically has employees on the site on an ongoing basis.
Examples include, but are not limited to: wastewater treatment plans, water works, reservoirs,
power or heating plants, and steam generating plants.
4.
Utility Facility, Minor. A service that is necessary to support development within the immediate
vicinity and that involves only minor structures. Employees typically are not located at the site on
an ongoing basis. Examples include but are not limited to: electric transformer stations; gas
regulator stations; telephone exchange buildings; well, water, and sewer pumping stations; water
storage tanks; and water pressure regulating stations.
3.5.4. Recreation, Education, and Assembly Uses.
A.
Assembly. Assembly uses include facilities owned or operated by associations, corporations, or other
persons for social, educational, or recreational purposes primarily for members and their guests.
Accessory uses may include offices, meeting areas, food preparation areas, concessions, parking, and
maintenance facilities. Specific assembly use types include, but are not limited to:
1.
Assembly Hall, Private. A building or structure, or group of buildings or structures, owned or
operated by a private entity, intended primarily for the conducting of organized assembly.
Accessory uses may include meeting rooms, kitchen facilities for preparation of food to be
consumed on the premises, parking, and childcare provided for persons while they are attending
assembly functions. Schools associated with assembly uses are not an accessory use.
2.
Assembly Hall, Public. A building or structure, or group of buildings or structures, owned or
operated by a public entity, intended primarily for the conducting of organized assembly.
Accessory uses may include meeting rooms, kitchen facilities for preparation of food to be
consumed on the premises, parking, and childcare provided for persons while they are attending
assembly functions. Schools associated with assembly uses are not an accessory use
3.
Auditorium, Private. An open, partially enclosed, or fully enclosed facility used or intended to be
used primarily for commercial entertainment events, expositions, and other public gatherings.
4.
Community Recreation Center. A facility providing recreation/pool facilities and/or meeting
rooms, and typically oriented to the recreational needs of the residents of the surrounding area.
5.
Country Club, Private Membership. An area of 25 acres or more containing, but not limited to, a
golf course and a club house and available only to a private specific membership. Such a club may
contain adjunct facilities, such as a private club and dining room, swimming pool, tennis courts
and similar service and recreation facilities.
6.
Event Venue. A public or private facility used for special occasions, such as banquets, weddings,
celebrations and parties, or similar gatherings.
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7.
Fraternal or Social Club, Nonprofit. Buildings and facilities owned or operated by a corporation,
association, person, or persons for a social, educational, or recreational purpose, to which
membership is required for participation, and not primarily operated for profit nor to render a
service that is customarily carried on as a business.
8.
Religious Assembly. A facility used primarily to provide assembly and meeting areas for religious
activities. Accessory uses include cultural events, parking, caretaker's housing, buildings ancillary
to a religious function, pastor's housing, and group living facilities such as convents.
B.
Cultural Facility. A cultural facility displays or preserves objects of interest or provides facilities for one
or more of the arts or sciences. Accessory uses may include parking, storage areas, offices, and gift
shops. Specific cultural facility use types include, but are not limited to:
1.
Art Gallery or Museum, Public. Any permanent institution for the collection and display of
objects of art or science, sponsored by a public or quasi-public agency and open and available to
the public.
2.
Library, Public. A permanent facility for storing and loaning books, periodicals, reference
materials, audio and videotapes, computers, and other similar media open and available to the
public.
C.
Education. Education uses are public (including charter), private, and parochial institutions at the
primary, elementary, middle, high school, or post-secondary level, or trade or business schools, which
provide educational instruction to students. Accessory uses include play areas, cafeterias, recreational
and sport facilities, auditoriums, and before or after school day care. Specific education use types
include, but are not limited to:
1.
College or University. A degree-granting institution, other than a trade school, that provides
education beyond the high school level. The use includes, but is not limited to, classroom
buildings, offices, laboratories, lecture halls, athletic facilities, and dormitories.
2.
Private Elementary or Middle School. A private educational institution that satisfies the
compulsory education laws of the State of Arizona for students in elementary grades.
3.
Private High School. A private educational institution that satisfies the compulsory education
laws of the State of Arizona for students in secondary education.
D.
Parks and Open Space. Park and open space uses focus on natural areas, large areas consisting mostly
of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to
have few structures. Accessory uses may include clubhouses, playgrounds, maintenance facilities,
concessions, caretaker's quarters, and parking. Specific parks and open space use types include, but are
not limited to:
1.
Arboretum or Botanical Garden. A public or private facility for the demonstration and
observation of the cultivation of flowers, fruits, vegetables, or ornamental plants. Permitted
accessory uses include gift shops, cafes, snack bars, and parking.
2.
Campground. A parcel of ground where two or more campsites are located, established, or
maintained for occupancy by camping units of the general public, including cabins, or tents, as
temporary living quarters for recreation, education, or vacation purposes.
3.
Community Playfields and Parks. A tract of land owned by a public entity and available to the
general public for recreational purposes. This definition includes indoor recreational facilities,
swimming pools, playgrounds, and lighted and unlighted athletic fields.
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4.
Parks and Nature Preserves, Not-For-Profit. An area that preserves or protects desert lands,
associated endangered species, washes, critical environmental features, viewsheds, or other
natural elements. Such areas may include pedestrian or equestrian easements.
E.
Recreation and Entertainment, Indoor. Indoor recreation and entertainment uses provide recreation
or entertainment activities within an enclosed environment. Accessory uses may include concessions,
snack bars, parking, and maintenance facilities. Specific indoor recreation and entertainment use types
include, but are not limited to:
1.
Art Gallery or Museum, Private. Any permanent institution for the collection and display of
objects of art or science, not operated by a public or quasi-public agency.
2.
Fitness and Recreational Sports Center. A facility primarily featuring equipment for exercise and
other active physical fitness and/or recreational sports activities, such as swimming, skating,
racquet sports, aerobic dance, gymnasium facilities, indoor soccer, yoga, and other kinds of
sports and fitness facilities.
3.
General Indoor Recreation, Commercial. An establishment offering entertainment, game
playing, rides, or similar amusements to the public within an enclosed building. This includes
arcades, bowling alleys, billiard parlors, bingo parlors, laser tag parlors, and indoor shooting
ranges.
4.
Major Entertainment Facility, Indoor. A place or facility designed to accommodate activities that
generally attract 1,000 persons or more to specific indoor events or shows. Activities are
generally of a spectator nature. Examples include auditoriums, performing arts centers, and
coliseums. Accessory uses may include restaurants, bars, concessions, parking, and maintenance
facilities.
5.
Theater. An indoor facility for group entertainment, other than sporting events/ Examples of
these facilities include civic theatres where plays or other dramatic performances are given,
facilities for live concerts, and movie theatres. A security plan for review and approval by the
Zoning Administrator and Chief of Police must be submitted that provides for adequate security
including building access considerations.
F.
Recreation and Entertainment, Outdoor. Outdoor recreation and entertainment uses provide
recreation or entertainment activities outside of an enclosed environment. Accessory uses may include
concessions, snack bars, parking, and maintenance facilities. Specific outdoor recreation and
entertainment use types include, but are not limited to:
1.
General Outdoor Recreation, Commercial. Intensely developed recreational uses, lighted or
unlighted, such as amusement parks, miniature golf courses, commercial tennis courts, batting
cages, skateboard or skate parks or courses, bicycle motocross courses, water parks or slides,
drive-in movie theaters, courses for paramilitary games, and archery facilities.
2.
Golf Course, Unlighted. A tract of land laid out with a course having nine or more holes for
playing the game of golf, including any accessory clubhouse, driving range, office, restaurant,
concession stand, picnic tables, pro shop, maintenance building, restroom facility, or similar
accessory use or structure. This term does not include miniature golf courses as a principal or
accessory use, driving ranges that are not accessory to a golf course, nor lighted golf courses.
3.
Golf Course/Driving Range, Lighted. A tract of land laid out with a course having nine or more
holes for playing the game of golf, including any accessory clubhouse, driving range, office,
restaurant, concession stand, picnic tables, pro shop, maintenance building, restroom facility, or
similar accessory use or structure. This term includes a lighted driving range without a golf course
but does not include miniature golf courses as a principal or accessory use.
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4.
Major Entertainment Facility, Outdoor. A large open or partially enclosed space used for games
or major events, and partly or completely surrounded by tiers of seats for spectators.
5.
Race Track (Auto, Dog, and Horse). A measured course where animals or machines are entered
in competition against one another or against time, including tracks used only in the training of
animals.
6.
RV Campground. Any lot of real estate upon which recreational vehicle sites are located for
sleeping purposes for the general public as temporary (not to exceed 14 days) living quarters for
recreation or vacation purposes, regardless of whether a charge is made for such
accommodation.
7.
RV Park. Any lot of real estate upon which two or more recreational vehicle sites are located,
established, maintained, or occupied for dwelling or sleeping purposes, on a longer-than-
temporary basis.
8.
Shooting Range, Outdoor. An outdoor facility wherein firearms are shot at targets under strict
rules of conduct and safety.
9.
Zoo. An area, building, or structure(s) that contains wild and/or domesticated animals on
exhibition for viewing by the public.
3.5.5.
Commercial Uses
A.
Agriculture and Ranching. The use of land for purposes including farming and crop production,
dairying, pasturage, horticulture, animal and poultry husbandry, and the necessary accessory uses for
treating or storing farm products and parking of equipment. Specific agriculture and ranching use types
include, but are not limited to:
1.
Agriculture. The growing and harvesting of crops for commercial purposes.
2.
Commercial Ranch. An animal or crop production enterprise that may include employee housing,
heavy equipment storage, and other related improvements.
3.
Dairy. Area where dairy animals are kept for milking and from which a part or all of the milk is
sold, offered for sale or supplied for human consumption, and includes all buildings, yards, and
premises occupied or used in connection with the production of milk.
4.
Meat Processing. The production, processing, or packing of meat that is intended for human
consumption or for use as animal food.
5.
Residential Ranch. A single-family dwelling, with accessory uses such as noncommercial raising of
crops and animals, farm buildings, storage of related equipment, and similar types of hobby farm
activities. A residential ranch does not include caretaker housing, or other uses associated with a
commercial ranch such as heavy equipment storage and commercial breeding.
B.
Animal Sales and Services. Animal sales and services uses involve the selling, boarding, or care of
animals on a commercial basis. Accessory uses may include internal and/or external confinement
facilities for animals, parking, and storage areas. Specific animal sales and services use types include,
but are not limited to:
1.
Animal Hospital. A place where household pets or livestock are given medical or surgical
treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
2.
Animal Pet Shop, Retail. A retail establishment offering small animals, fish, or birds for sale as
pets and where all animals are housed within the building.
3.
Animal Training School. A facility that specializes in the training of household animals.
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4.
Kennel. Any structure or premise where five or more domestic animals over five months of age
are kept. Also, any structure or premises on which five or more domestic animals, the majority of
which are under five months of age are kept, which such animals are of the same species but are
not related within three degrees. Among the domestic animals counted for this purpose are
dogs, cats, miniature pigs, or any combination thereof.
5.
Kennel, Indoor Only. An enclosed, controlled area within a building, inaccessible to other
animals, providing shelter, breeding, and care for domestic animals. This classification includes
activities such as feeding, exercising, grooming, and incidental medical care for domestic animals.
6.
Kennel, Indoor/Outdoor. An enclosed, controlled area within a building and including outdoor
enclosures that are inaccessible to other animals, providing shelter, breeding, and care for
domestic animals. This classification includes activities such as feeding, exercising, grooming, and
incidental medical care for domestic animals.
7.
Veterinary Clinic. An office or a clinic of a veterinarian where small animals and household pets
are given medical, surgical, or health maintenance treatment. The boarding of animals is limited
to short-term care incidental to the treatment clinic and must be a secondary use of the
property.
D.
Financial Service. Establishments that provide retail banking services, mortgage lending, and similar
financial services to individuals and businesses. This classification includes those institutions engaged in
the on-site circulation of cash money but does not include bail bond brokers. Accessory uses may
include automatic teller machines, offices, and parking. Specific financial services use types include, but
are not limited to:
1.
Financial Institution, With Drive-Through. An establishment that provides banking services,
lending, or similar financial services to individuals and businesses. This definition includes those
institutions engaged in the on-site circulation of cash money and check-cashing facilities but does
not include bail bond brokers. The establishment has a drive-through facility.
2.
Financial Institution, Without Drive-Through. Same as the above use, but with no drive-through
facility.
3.
Nontraditional Financial Institution. Any person(s) or establishment engaged in the business of
cashing checks or accepting deferred deposits for a fee, service charge, or other consideration,
including, but not limited to, businesses primarily engaged in check cashing, bail bonds, and title
loans activities. Such uses are not licensed banks, trust companies, savings and loan associations,
credit unions, development corporations, mortgage brokers, thrift companies, pawn brokers, or
insurance companies.
E.
Food and Beverage Service. Food and beverage service businesses serve prepared food or beverages
for consumption on or off the premises. This use category does not include grocery stores, which are
included in the general retail category. Accessory uses may include food preparation areas, offices, and
parking. Specific food and beverage use types include, but are not limited to:
1.
Bar, Lounge, or Tavern. A structure or part of a structure used primarily for the sale or dispensing
and on-site consumption of alcoholic beverages or liquor by the drink, which may or may not
serve food. Any facility providing both food and alcoholic beverages or liquor by the drink for on-
site consumption that does not meet the definition of a restaurant shall be considered a bar,
lounge, or tavern. A security plan for review and approval by the Zoning Administrator and Chief
of Police must be submitted for a new bar, lounge, or tavern use that provides for adequate
security including building access considerations. Bars on windows are prohibited.
2.
Catering Service. An establishment that prepares food for service at a remote site.
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3.
Drive-In Restaurant. A restaurant where customers purchase and consume prepared food on the
premises in their automobiles.
4.
Farmers Market. A building, structure, or tract of land with open air stands that is used for the
primary purpose of retail sales of fresh fruits, vegetables, flowers, herbs, or plants. This definition
may also include the accessory sales of other unprocessed foodstuffs, home processed food
products, baked goods, and home-made handicrafts.
5.
Food Sales, Wholesale. A facility that makes food on-site and may sell food items directly at the
facility provided that any such sales are secondary and incidental to the primary operation of
food production.
6.
Food Truck (Mobile Food Vendor). A food truck or mobile food vendor means any person who
owns, controls, manages or leases a mobile food unit or contracts with a person to prepare foods
and vend from, drive or operate a mobile food unit. For the purposes of this Section, a mobile
food unit means a food establishment that is licensed by this state, that is readily movable, and
that dispenses food or beverages for immediate service and consumption and other incidental
retail items from any vehicle as defined in A.R.S. § 28-101.
7.
Food Truck Court. A commercial property where multiple mobile food vendors (i.e. food trucks)
may operate simultaneously. In addition to providing spaces or stalls for mobile food vendors,
food truck courts shall, at a minimum, provide for restroom facilities, drinking fountains, trash
and recycling receptacles, shade and seating. Recreational or entertainment activities, such as
playground equipment or live music, may be provided on-site. All portions of a food truck court
site used for parking (of customer vehicles or food trucks) and/or circulation must be an
approved paved surface. Though individual vendors within a food truck court may change
cyclically, the food truck court use itself is considered permanent or semi-permanent.
8.
Nightclub. A commercial establishment dispensing alcoholic beverages for consumption on the
premises and in which dancing and musical entertainments are permitted. A security plan for
review and approval by the Zoning Administrator and Chief of Police must be submitted that
provides for adequate security including building access considerations. Bars on windows are
prohibited.
9.
Restaurant, With Drive-Through. An eating/drinking establishment in which the principal
business is the sale of foods or beverages to the customer in a ready-to-consume state and in
which the design or method of operation of all or any portion of the business allows food or
beverages to be served directly to the customer in a motor vehicle without the need for the
customer to exit the motor vehicle. This use may include on-site dining/drinking or it may be a
retail food or drink establishment that only provides service from a drive-through or walk-up
window.
10.
Restaurant, Without Drive-Through. An area or structure in which the principal use is the
preparation and sale of food and beverages. Operations may or may not include outdoor seating
areas or outdoor food service, but the operation does not include a drive-through or drive-in
facility.
F.
Office. A facility generally focusing on business or professional services. Accessory uses may include
cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or
building. Specific office use types include, but are not limited to:
1.
Data Center. A data center is a building, a dedicated space within a building, or a group of
buildings used to house computer systems and associated components, such
as telecommunications and storage systems.
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2.
Office, Business or Professional. An establishment that provides executive, management,
administrative, or professional services, but not involving the sale of merchandise except as
incidental to a permitted use, and not including a medical office or clinic. Typical examples
include real estate, insurance, property management, investment, employment, travel,
advertising, law, architecture, design, engineering, accounting, broadcasting, call centers, and
similar offices.
3.
Research Laboratory. A facility for conducting medical or scientific research, investigation,
testing, or experimentation; however, this does not include facilities for the manufacture or sale
of products, except as incidental to the main purpose of the laboratory. This definition includes
electronic and telecommunications laboratories, including assembly.
G.
Personal Services. Establishments that provide individual services related to personal needs directly to
customers at the site of the business, or that receives goods from or returns goods to the customer,
which have been treated or processed at that location or another location. Specific personal service
use types include, but are not limited to:
1.
Dry Cleaning and Laundry Processing. An establishment used for the cleaning of fabrics, textiles,
wearable apparel, or similar articles that includes on-site laundry and/or cleaning activities,
including related operation of equipment and machinery. Dry cleaning and laundry
establishments where articles are dropped off or picked up by customers that do not include on-
site cleaning activities are classified as "general personal services."
2.
General Personal Services. An establishment, whether for consideration or not, that provides
care, advice, aid, maintenance, repair, treatment, or similar semi-technical, technical, or
experienced assistance, other than the practice of a profession and wholesale or retail sale of
goods. Examples included, but are not limited to, shoe repair, beauty and barber shops, massage
therapy, rehabilitation therapists, tanning salons; and dry cleaning pick-up and drop-off shops
that do not conduct dry cleaning on the premises.
3.
Instructional Services or Trade School. A specialized instructional establishment that provides
on-site training of business, artistic, or commercial skills, or a trade school that prepares students
for jobs in a trade (e.g., carpentry). Examples include, but are not limited to, fine arts schools,
computer instructional services, and driving schools.
H.
Retail (Sales). Retail (sales) firms are involved in the sale, lease, or rent of new or used products to the
general public. No outdoor display is permitted unless specifically authorized by this Development
Code. Accessory uses may include offices, parking, storage of goods, and assembly, repackaging, or
repair of goods for on-site sale. Specific retail use types include, but are not limited to:
1.
Alcoholic Beverages, Retail Sales. A retail establishment, such as a liquor store, licensed to sell
alcoholic beverages such as beer, wine, and liquor. No on-site consumption is allowed.
2.
Building Material Sales, Indoor Retail. An establishment for the sale of materials, hardware, and
lumber customarily used in the construction of buildings and other structures, and where most
display and sale of materials occurs inside the primary structure. Outdoor storage is allowed as
an accessory use.
3.
Convenience Store with Gas Sales. An establishment engaged in the sale of convenience goods,
such as pre-packaged food items, tobacco, over-the-counter drugs, periodicals, and other
household goods; and which also provides the retail sale of petroleum products that are
dispensed through gasoline pumps and other supplies for motor vehicles.
4.
Feed Store. An establishment engaged in the retail sale of supplies directly related to ranching or
dairy operations.
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5.
General Retail. A commercial enterprise that provides goods directly to the consumer, where
such goods are available for immediate purchase and removal from the premises by the
consumer. Examples include, but are not limited to: apparel shops, appliance sales, auto parts
stores, bait shop, bakeries, bookstores, convenience stores without gas pumps, department
stores, factory outlet stores, and florists.
6.
Large Format Retail. A building that meets the definition of "general retail" and is 50,000 square
feet or greater, but not including a building materials sales establishment.
7.
Nursery and Plant Sales, Wholesale. The use of land, buildings or structures for the production
of flowers, shrubs, and plants and their sales at wholesale. Incidental retail sales are allowed.
8.
Open-Air Market or Flea Market. An indoor or outdoor premises where the main use is the sale
of new or used household goods, personal effects, tools, artwork, appliances, and similar
merchandise, objects, or equipment in small quantities, in stalls, lots, parcels, or in bulk, for the
use, sale or consumption by the immediate purchaser in a building, open air on an approved
dust-free surface, or partly enclosed booths or stalls not within a wholly enclosed building on an
approved dust-free surface. This definition does not include retail sidewalk sales, farmers
markets, or garage sales.
9.
Plant Sales, Retail. Land or greenhouses used for retail sale of flowers, shrubs, and plants.10.
Sexually Oriented Business. Shall be as defined in Chapter 8, Article 8-5, Sexually Oriented
Businesses of the City Code. In addition, all use standards adopted by Ord. No. 72-04 remains in
full force and effect.
11.
Tobacco Oriented Retailer. An establishment engaged in the sale and/or display of tobacco
related products, including, but not limited to: cigarettes, electronic cigarettes & vapor products
(vaping), chewing and dipping tobacco, cigarette papers, or any other instrument or
paraphernalia for the smoking or ingestion of tobacco and products prepared from tobacco. This
includes uses such as, but not limited to, a cigar store, head shop, vapor store or hookah lounge.
A tobacco-oriented retailer does not include any establishment over 10,000 square feet in gross
floor area, or any establishment devoting less than 15 percent of its floor space to the
sale/display of tobacco related products.
I.
Visitor Accommodation. For-profit facilities where lodging, meals, and the like are provided to
transient visitors and guests for a defined period. Specific visitor accommodation use types include, but
are not limited to:
1.
Bed and Breakfast. One building containing no more than eight sleeping rooms that are occupied
or intended or designed to be occupied as the temporary abiding place of persons who are
lodged with or without meals, for compensation, but not including a trailer court or camp,
hospital, asylum, orphanage, or building where persons are housed under restraint. The building
is occupied by either the owner or a resident manager.
2.
Hotel or Motel. A building or group of buildings with continuous on-site management and
containing nine or more sleeping rooms that are occupied or intended or designed to be
occupied as the temporary abiding place of persons who are lodged with or without meals, for
compensation.
3.
Resort. A group or groups of buildings containing more than five dwelling units and/or guest
rooms and providing outdoor recreational activities that may include golf, horseback riding,
swimming, shuffleboard, tennis, and similar activities. A resort may furnish services customarily
furnished by a hotel, including a restaurant, cocktail lounge, and convention facilities.
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3.5.6. Marijuana Uses. This use category includes uses and other terms related to the sale and cultivation of
marijuana and the cultivation of marijuana in accordance with applicable A.R.S. provisions, as further described
below.
A.
Consume, Consuming, and Consumption. The act of ingesting, inhaling or otherwise introducing
marijuana into the human body.
B.
Cultivate and Cultivation. To propagate, breed, grow, prepare, and package marijuana.
C.
Deliver and Delivery. The transportation, transfer, or provision of marijuana or marijuana products to a
consumer at a location other than the designated location of a medical marijuana dispensary.
D.
Dual License Marijuana Establishment. An establishment that holds both a medical marijuana
dispensary license and a marijuana establishment license.
E.
Entertainment Facility. Any use conducted which is generally related to the entertainment field, such as
theaters, carnivals, nightclubs, and similar entertainment activities as determined by the Zoning
Administrator.
F.
Manufacture and Manufacturing. To compound, blend, extract, infuse, or otherwise make or prepare a
marijuana product.
G.
Marijuana. All parts of the plant of the genus cannabis, whether growing or not, as well as the seeds
from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt,
derivative, mixture or preparation of the plant or its seeds or resin. Includes cannabis as defined in
A.R.S. § 13-3401. Does not include industrial hemp, the fiber produced from the stalks of the plant of
the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are
incapable of germination, or the weight of any other ingredient combined with marijuana to prepare
topical or oral administrations, food, drink or other products.
H.
Marijuana Concentrate. Resin extracted from any part of a plant of the genus cannabis and every
compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol.
Does not include industrial hemp or the weight of any other ingredient combined with cannabis to
prepare topical or oral administrations, food, drink or other products.
I.
Marijuana Establishment. An entity licensed by the AZDHS or its successor agency to operate in a single
location at which the licensee may sell marijuana and marijuana products to consumers, cultivate
marijuana, and manufacture marijuana products.
J.
Marijuana Products. Marijuana concentrate and products that are composed of marijuana and other
ingredients and that are intended for use or consumption, including edible products, ointments, and
tinctures.
K.
Marijuana Testing Facility. The AZDHS or its successor agency, or another entity that is licensed by
AZDHS, to analyze the potency of marijuana and test marijuana for harmful contaminants.
L.
Medical Marijuana. "Marijuana" for "medical use" as those terms are defined in A.R.S. § 36-2801.
M.
Medical Marijuana Dispensary. A nonprofit medical marijuana dispensary as defined in A.R.S. § 36-
2801 and registered and certified in accordance with A.R.S. § 36-2804.
N.
Medical Marijuana Dispensary, Offsite Cultivation Location. Any facility, building, or location that
grows, cultivates or processes medical marijuana, including, but not limited to the following:
1.
A medical marijuana dispensary that cultivates medical marijuana on its site; and
2.
The one additional location, if any, identified in accordance with A.R.S. § 36-2806(E) during the
process of registering a medical marijuana dispensary where marijuana will be cultivated for sale
at a medical marijuana dispensary.
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O.
Process and Processing. To harvest, dry, cure, trim, or separate parts of the marijuana plant.
P.
Public Place. The same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S. § 36-601.01.
Q.
Security Guard. A licensed and bonded security personnel registered pursuant to A.R.S. § 32-2601.
R.
Smoke or Smoking. Inhaling, exhaling, burning, or carrying or possessing any lighted marijuana product,
including cigars, cigarettes, pipe marijuana, or any other lighted marijuana product, whether natural or
synthetic.
3.5.7. Vehicle Sales and Services Uses.
A.
Vehicles and Equipment Sales. Vehicles and equipment uses include a broad range of uses for the
maintenance, sale, or rental of motor vehicles and related equipment. Accessory uses may include
incidental repair and storage, offices, and sales of parts. Specific vehicle sales and services use types
include, but are not limited to:
1.
Boat, RV Sales and Rental. An establishment primarily engaged in the display, sale, or lease of
marine vehicles and/or recreational vehicles.
2.
Gasoline Sales. Any area used for retail sale of gasoline or oil fuels, or automobile accessories
and incidental services. The use may only include facilities allowed under either major or minor
vehicle service and repair if such use is allowed in the zoning district.
3.
Truck Repair and Overhaul. A facility for the overhaul of large diesel engines and/or the
performance of major repairs to or rebuilding of large diesel trucks or tractor/trailer
combinations.
4.
Truck Stop. A commercial facility whose primary purpose is to provide service and maintenance
to diesel powered trucks and tractor trailers, including bays for truck washing and fuel
dispensing, but excluding the overhaul of large diesel trucks or engines. Other facilities may also
be present, such as convenience markets, motels and restaurants.
5.
Vehicle Sales and Rental. An establishment engaged in the display, sale, leasing, or rental of new
or used motor vehicles. Vehicles include, but are not limited to, automobiles, light trucks, vans,
trailers, recreational vehicles, motorcycles, personal watercraft, utility trailers, all-terrain
vehicles, and mobile homes. Minor vehicle repair is allowed as an accessory use.
6.
Vehicle Service and Repair, Major. An establishment engaged in the major repair and
maintenance of automobiles, motorcycles, trucks, vans, trailers, recreational vehicles, mobile
homes, or snowmobiles. Services include engine, transmission, or differential repair or
replacement; body, fender, or upholstery work; tire replacement; and painting.
7.
Vehicle Service and Repair, Minor. An establishment engaged in light maintenance activities
such as engine tune-ups; oil change or lubrication; carburetor cleaning; muffler replacement;
brake repair; seasonal tire shops; and detailing and polishing. Vehicle parts are sold and are
ordinarily installed on the premises. Major automotive repairs are prohibited except where
specifically permitted by terms of a specific use approval.
B.
Vehicle Services.
1.
Car Wash. A facility, coin operated, automatic, or hand wash, for the cleaning of automobiles,
providing either self-serve facilities or employees to perform washing operations.
2.
Parking Structure. A structure designed with one or more levels partially or fully enclosed, used
for the parking of motor vehicles. The facility may be above, below, or partially below ground.
This use does not include private carports or garages.
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3.
Vehicle and Boat Storage. Storage of operable vehicles, including RVs, and boats on a
commercial basis; provided, however, that the vehicle storage does not include junk and salvage
yards or the storage of abandoned vehicles or boats.
3.5.8. Industrial Uses.
A.
Industrial Service. Industrial service firms are engaged in the repair or servicing of agricultural,
industrial, business, or consumer machinery, equipment, products, or by-products. Firms that service
consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors
and similar uses perform services off-site. Few customers come to the site. Accessory activities may
include sales, offices, parking, and storage. Specific industrial service use types include, but are not
limited to:
1.
Building Material Sales, Outdoor or Wholesale. Outdoor sale of materials, hardware, and lumber
customarily used in the construction of buildings and other structures, including facilities for
storage.
2.
Drilling Company, No Outside Storage. A permanent facility for the drilling or storage of fossil
fuels and fossil fuel byproducts including, but not limited to, gasoline, diesel fuel, and motor oil.
Uses include those that store such products for transportation. Storage of gaseous products such
as liquefied natural gas (LNG), compressed natural gas (CNG), butane, and propane for
immediate use by the final consumer are not included in this definition.
3.
Drilling Company, With Outside Storage. Same as the above use, but storage of gaseous
products such as liquefied natural gas (LNG), compressed natural gas (CNG), butane, and propane
for immediate use by the final consumer are included in this definition.
4.
Equipment Rental Yard. A service establishment that may offer a wide variety of household and
business equipment, furniture, and materials for rental. Does not include construction
equipment rental, which is separately defined under “Equipment Rental Yard – Heavy.”
5.
Equipment Rental Yard, Heavy. Establishments renting construction, farm, or other heavy
equipment. Examples include, but are not limited to, cranes, earth moving equipment, tractors,
combines, and heavy trucks.
6.
Resource Extraction. The on-site extraction of surface or subsurface mineral products or other
natural resources, including but not limited to quarries, burrow pits, sand and gravel operations,
oil and gas extraction, and mining operations.
7.
General Industrial Service. Establishments engaged in the storage, repair, or servicing of
agricultural, industrial, business, or consumer machinery, equipment, products, or by-products.
Examples include: construction materials storage; welding shops, machine shops; tool repair;
electric motor repair; repair of scientific or professional instruments; repair, storage, salvage, or
wrecking of heavy machinery; heavy truck servicing and repair; aircraft servicing and repair; tire
retreading or recapping; and gas and liquid fuel distributors. Accessory activities may include
retail sales, offices, parking, and storage.
B.
Manufacturing and Production. This use category includes firms involved in the manufacturing,
processing, fabrication, packaging, or assembly of goods. Natural, constructed, raw, secondary, or
partially completed materials may be used. Products may be finished or semi-finished and are
generally made for the wholesale market, for transfer to other plants, or to order for firms or
consumers. Custom industry is included (i.e., establishments primarily engaged in the on-site
production of goods by hand manufacturing involving the use of hand tools and small-scale
equipment). Goods are generally not displayed or sold on-site, but if so, such activity is a subordinate
part of sales. Relatively few customers come to the manufacturing site. Accessory activities may
include retail sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage
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yards, repair facilities, truck fleets, and caretaker's quarters. Specific manufacturing and production use
types include, but are not limited to:
1.
Assembly, Light. An establishment engaged only in the on-site assembly of goods. No
manufacturing of parts occurs. Goods are shipped to the establishment, assembled, packaged,
and reshipped. Assembly and packaging involve only the use of hand tools or domestic
mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight
kilowatts. Typical light assembly uses include ceramic studios and custom jewelry manufacturing.
2.
Batch Plant, Permanent. A batch plant is a manufacturing facility for producing concrete or
asphalt paving mixtures. A batch plant distributes the aggregate constituents proportionately
into the mix by weighed batches and adds asphalt binder by weight.
3.
Maker Space, up to Maximum 30,000 Square Feet. Activities typically include, but are not
limited to, on-site, small-scale production of tangible goods including assembly of completely
hand-fabricated parts or hand-fabrication of custom or craft goods not for mass production.
Examples of maker space uses include ceramic studios, fabrics, inlays, needlework, weaving,
leatherwork woodwork, 3D printing, laser cutting, local food and beverage production, metal or
glass work, candle making, or custom jewelry. Goods are predominantly manufactured and
fabricated involving only the use of hand tools or domestic-scaled mechanical equipment and
kilns not exceeding 20 square feet in size. Retail sales are permitted on-site. Accessory retail
areas cannot exceed 30 percent of the maker space floor area.
4.
Manufacturing, Heavy. An establishment engaged in the manufacture or compounding process
of raw materials. Such activities may include the storage of large volumes of highly flammable,
toxic matter or explosive materials needed for the manufacturing process. Examples include but
are not limited to: refining or initial processing of raw materials; rolling, drawing, or extruding of
metals; asphalt batching plants; sawmills; meat slaughtering or packing house; and manufacture
or packaging of cement products, feed, fertilizer, flour, glue, paint, petroleum products, soap,
turpentine, varnish, charcoal, or distilled products.
5.
Manufacturing, Light. An establishment engaged in the manufacture, predominantly from
previously prepared materials, of finished products or parts, including processing, fabrication,
assembly, treatment, and packaging of such products, and incidental storage, sales, and
distribution of such products, but excluding basic industrial processing. Examples include, but are
not limited to: airplane, automobile, or truck assembly, remodeling, or repair; bottling works;
boat building, machine or blacksmith shops; metalworking or welding shops; paint shops; and
printing and publishing shops.
C.
Warehouse and Freight Movement. Firms involved in warehouse and freight movement are engaged
in the storage or movement of goods for themselves or other firms. Goods are generally delivered to
other firms or the final consumer, except for some will call pickups. There is little on-site sales activity
with the customer present. Accessory uses may include offices, truck fleet parking, and maintenance
areas. Specific warehouse and freight movement use types include, but are not limited to:
1.
Distribution Warehouse. A distribution warehouse is a type of warehouse designed to service
goods nearing the end of the supply chain. Items are already manufactured and ready to be
distributed to retailers or customers. Storage is temporary until being transported to the final
destination.
2.
Mini-Storage, Indoor. A building or group of buildings with controlled access that contains
varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the
storage of customers' goods or wares, and in which only indoor access is provided to storage
units.
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3.
Mini-Storage, Outdoor. Same as the above use, but allows outdoor access to storage units.
4.
Motor Freight Terminal. A facility for freight pick-up, distribution, and storage. This may include
intermodal distribution facilities for truck or shipping transport and parking for trucks and
trailers.
5.
Office Warehouse. A structure containing both offices and a warehouse for storing products
associated with the business. The office component of this use shall be least 50 percent of the
overall floor area of the structure.
6.
Storage Yard. Any lot or portion of a lot that is used for the sole purposes of the outdoor storage
of fully operable motor vehicles, construction equipment, construction materials, or other
tangible materials and equipment. No principal building is required for a storage yard.
7.
Warehouse. A warehouse is a facility that stores furniture, household goods, or other
commercial or industrial items, including heavy equipment and machinery (including incidental
minor repairs to the equipment or machinery), raw materials, goods, or products.
8.
Wholesale Establishment. An establishment primarily engaged in the sale or distribution of
goods and materials in large quantity to retailers or other businesses for resale to individual or
business customers, and limited retail uses when directly associated with the wholesale use. This
term does not include heavy manufacturing, resource extraction, bulk storage of hazardous
materials, or scrap or salvage operations.
D.
Waste and Salvage. Waste and salvage firms receive solid or liquid wastes from others for disposal on
the site or for transfer to another location. The category includes uses that collect sanitary wastes or
uses that manufacture or produce goods or energy from the composting of organic material or
processing of scrap or waste material. Waste and salvage uses also include uses that receive hazardous
wastes from others. Accessory uses may include recycling of materials, offices, and repackaging and
shipment of by-products. Specific waste and salvage use types include, but are not limited to:
1.
Auto Wrecking and Salvage Yard. Any lot upon which two or more motor vehicles of any kind,
which are incapable of being operated due to condition or lack of license or registration, have
been placed for the purpose of obtaining parts for recycling or resale.
2.
Landfill. A planned and approved method or system of waste disposal in which the waste is
disposed of or buried in layers, compacted by earth or other approved methods, also known as
sanitary landfill.
3.
Recycling Center, Outdoor. A facility in which recoverable resources such as newspapers,
glassware, plastics, and metal cans are recycled, reprocessed, and treated to return such
products to a condition in which they can again be used for production, and in which some of the
operations or storage take place outside of an enclosed building. This facility is not a junkyard or
salvage yard.
4.
Recycling Center, Indoor. Same as the above use, but no operations or storage take place
outside of an enclosed building.
(Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
ARTICLE 4. DIMENSIONAL STANDARDS
Buckeye, Arizona, Code of Ordinances
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(Supp. No. 20, Update 2)
Page 1 of 8
ARTICLE 4. DIMENSIONAL STANDARDS
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Page 2 of 8
4.1. TABLES OF DIMENSIONAL STANDARDS
All primary and accessory structures are subject to the dimensional standards set forth in the tables in this Section. These general standards may be
further limited or modified by other applicable sections of this Development Code. General rules for measurement and exceptions are in Section 4.2,
Measurements and Exceptions.
4.1.1. Rural and Residential Districts.
TABLE 4.1-1: DIMENSIONAL STANDARDS — RURAL AND RESIDENTIAL DISTRICTS
[Bracketed numbers refer to notes at the bottom of the table.]
District
AG
R1-43
R1-18
R1-10
R1-6
R1-3
R1-1
MF-1
MF-
2
MH
Density,
maximum
(DU/gross acre)
-
-
-
-
-
-
-
15.0
No
max;
15.1
min
8.0
Lot
Dimensions
Lot
Size
(sq. ft.)
435,600 43,000 18,000 10,000
6,000
3,000
1,000
-
-
4,500
MH
1,500
RV
Lot
Width
(ft.) [1]
300
140
100
80
55
30
20
-
-
35
Setbacks, minimum
Front
(ft.)
40
40
25
20
12
12
0
15
0
20
Front-
Loaded
Garage
(ft.) [2]
40
40
25
20
20
20
20
20
20
-
Side
(ft.)
[3], [4]
40
20
15
10
0 w/10
aggregate
5 [6]
0 w/5
aggregate
[6]
0 w/ 10
aggregate
[6]
0
5
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Rear
(ft.)
[4], [5]
40
30
30
25
20
10
8
15
10
10
Lot Coverage,
maximum (%)
25 [7]
30
-
-
-
-
-
-
-
40
Building
Height,
maximum
(feet)
35
35
35
35
35
45
45
40
60
30
NOTES:
[1] Lot width is measured at front building line.
[2] If driveways are not intended for parking, the front-loaded garage setback may be zero but not greater
than five feet for single-family attached dwellings and bungalow communities.
[3] An additional five feet of setback shall be required for all corner lots adjacent to public arterial right-of-
way. For multi-family development, any side setback adjacent to public right-of-way shall be equal to the
front setback.
[4] Accessory buildings will not be located closer than three feet from any property line. The side and rear
yard setback shall be five feet for accessory structures which exceed ten feet in height. Accessory structures
with vehicle entrances which directly face an alley shall be setback at least ten feet from the property line
along the alley.
[5] Where a rear facing garage is provided with access via alley, the rear setback for the building may be
reduced to zero feet, provided fire separation requirements can be met.
[6] Side setbacks may be reduced to zero feet with zero feet aggregate for single-family attached dwelling
uses, where each dwelling unit is attached at side property lines.
[7] Lot coverage maximum does not apply to greenhouse structures.
4.1.2. Mixed-Use Districts.
TABLE 4.1-2: DIMENSIONAL STANDARDS — MIXED-USE DISTRICTS
[Bracketed numbers refer to notes at the bottom of the table.]
District
NMU
CMU
RMU
IMU
DC
DR
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Residential Density, maximum
(DU/gross acre)
10.0
15.0
No maximum;
> 15.0
minimum
-
No maximum
15.0
Lot Size, minimum (sq. ft.)
-
Minimum
district size:
5.0 acres
Minimum
district size:
15.0 acres
15 acres unless
converted
from GC
-
-
Setbacks
Front and/or Streetside
(ft.)
-
Maximum: 20
Maximum: 20
Adjacent to
arterial: 40
All others: 20
Refer to
Section
5.13.4.H
Refer to
Section
5.13.4.H
Side (ft.) [1]
-
-
-
Adjacent to
residential
district: 75
Adjacent to rail
ROW: 0
All others: 20
-
-
Rear (ft.) [2]
-
-
-
Adjacent to
residential
district: 75
Adjacent to rail
ROW: 0
All others: 20
-
5
Building Height,
maximum (feet)
50
90
Minimum: 40
No maximum
55 at setback;
increase 1 ft
for every 3-ft in
additional
setback to a
max of 120
60
40
NOTES:
[1] Corner lots shall have a minimum 10-foot side setback on the street sides.
[2] If alleys are used in a development, there is a minimum 30-foot building face to building face separation across the alley.
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4.1.3. Nonresidential and Other Districts.
TABLE 4.1-3: DIMENSIONAL STANDARDS — NONRESIDENTIAL AND OTHER DISTRICTS
District
PO
C-1
C-2
C-3
BP
I-1
I-2
District Size,
minimum (acres)
-
-
-
15
5
15
15
Setbacks,
minimum
Front
and/or
Streetside
(ft.)
10
15
20
30
Setback
from
peripheral
property
line: 25
Adjacent to
residential
district: 50
Adjacent to
arterial: 40
All others: 20
Adjacent to
arterial: 50
All others: 20
Side (ft.)
10
Adjacent to
residential
district: 30
All others —
Adjacent to
residential
district: 50
All others —
Adjacent to
residential
district: 80
All others —
Adjacent to
residential
district: 75
Adjacent to rail
ROW —
All others: 20
Adjacent to
residential
district: 200
Adjacent to rail
ROW —
All others: 20
Rear (ft.)
Adjacent to
residential
district: 20
All others —
Adjacent to
residential
district: 30
All others —
Adjacent to
residential
district: 50
All others —
Adjacent to
residential
district: 80
All others —
Adjacent to
residential
district: 75
Adjacent to rail
ROW —
All others: 20
Adjacent to
residential
district: 200
Adjacent to rail
ROW —
All others: 20
Building Height,
maximum (feet)
90
30
50
90
50
55 at setback;
increase 1 ft for
every 3-ft in
additional setback
to a max of 120*
65 at setback;
increase 1 ft for
every 3-ft in
additional setback
to a max of 120*
* The maximum height can be established at the setback line if the setback is adjacent to railroad and at least 250 feet away from any existing residential
home, though the maximum height will still be required to meet the incremental height allowances on all other sides of the project parcel that may
result in only portions of the railroad adjacent to the building permitted to achieve the maximum height at the setback line.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 06-13, § 1, 5-21-2013; Ord. No. 09-18, § 2(Att. § 4), 3-6-2018; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord.
No. 37-23, § 3(Att.), 8-1-2023; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
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4.2. MEASUREMENTS AND EXCEPTIONS
4.2.1. Density.
A.
Density. The number of dwelling units allowed for each gross acre of land, determined by dividing the
number of dwelling units on a site by the gross acreage of the site, including dedicated rights-of-way,
private streets, and open space set asides. In the determination of the number of residential units to
be allowed on a specific parcel of land, a fractional unit equal to or greater than one-half of a unit shall
be rounded up to equal a full unit.
B.
Dwelling Units Allowed. The number of dwelling units allowed on a site is based on the presumption
that all other applicable standards of this Development Code shall be met and adequate utility service
to the property can be provided. The maximum density established for a zoning district is not a
guarantee that such densities may be obtained, nor a valid justification for varying or modifying other
dimensional or development standards.
4.2.2. Lot Size.
A.
Minimum Lot Dimensions. Any new lot that is created, developed, used, or occupied shall meet the
minimum lot size and frontage requirements in Tables 4.1-1, 4.1-2, and 4.1-3 for the zoning district in
which it is located, except as otherwise established in this Development Code for particular uses. New
lots shall also meet the development standards set forth in Section 6.3.6, Lots.
B.
Number of Principal Buildings or Uses Per Lot.
1.
On single-family (R1) district zoned lots, only one main building with permitted accessory
buildings may be located upon a lot. Every dwelling should face or front upon a street.
2.
Where a lot or tract of land is used for mixed use, multi-family residential, commercial, or
industrial purposes, more than one main building may be located upon the lot but only when
such buildings conform to all requirements of this Development Code applicable to the uses and
district.
4.2.3. Setbacks.
A.
Required Setbacks.
1.
A building, structure, or lot shall not be developed, used, or occupied unless it meets the
minimum setback requirements set forth in Section 4.1, Tables of Dimensional Standards, for the
zoning district in which it is located. Setbacks shall be measured from the lot or property lines.
2.
A setback or other open space required by this Development Code for one building, structure, or
lot shall not be included as part of a setback or other open space required by this Development
Code for another building or structure or lot.
B.
Projections into Required Setbacks, General. Setbacks shall be unoccupied and unobstructed by any
structure or portion of a structure from 30 inches above grade upward, except that certain structures
may project into required front, side, or rear setbacks as specified in this subsection. Any structure
covered with a roof or lattice shall count toward maximum lot coverage restrictions:
1.
Paved Terraces. Paved terraces may project into any required setback, provided that no
structures placed there shall violate other requirements of this Development Code and are at
least one foot from the property line.
2.
Unroofed Landings, Decks, Stairs, and Balconies. Unroofed landing, decks, and stairs may project
into required setbacks, provided that no portion other than a handrail shall extend higher than
30 inches above the finished grade level. Unroofed balconies may project into a required side or
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Page 7 of 8
rear yard provided these projections are at least five feet from the side lot line and ten feet from
the rear lot line.
3.
Incidental Architectural Features. Cornices, eaves, overhangs, canopies, sunshades, gutters,
chimneys, flues, belt courses, headers, sills, pilasters, lintels, ornamental features, and other
similar architectural features may project not more than three feet into any required front yard
and two feet beyond the required side or rear yard provided these projections are at least three
feet from the lot line.
4.
Roofs Over Porches and Other Exterior Approaches. Roofs or lattice structures over porches,
patios, stairways, landings, terraces, or other exterior approaches to pedestrian doorways may
encroach up to five feet into a front setback area.
The posts of an attached roof or lattice structure shall follow the principal structure side yard
setback and shall be setback ten feet from the rear property line. The roof or lattice structure
may overhang up two feet into the aforementioned rear yard setback and side yard setbacks.
Such structures shall be enclosed by no more than a railing or screen.
C.
Projections into Easements and Rights-of-Ways Prohibited. Projections shall not extend or encroach
into any easement(s) or right(s)-of-way unless approved by the City and any easement grantees upon
which a projection is proposed.
D.
Americans with Disabilities Act (ADA) Ramps. ADA access ramps may be located within required front,
side, and rear setbacks.
E.
Bay Windows. Bay windows may project no more than three feet into any required yard setback.
F.
Private Garages and Carports. A private garage or carport may project into a required setback abutting
a public alley, in compliance with other requirements of this Development Code.
G.
Contextual Front Setbacks. Exceptions to front setback requirements are authorized for lots in any
district in compliance with Section 5.7.2.B.2, Contextual Front Building Setbacks.
H.
Double-Frontage Lots. In the case of double-frontage lots, front setbacks shall be provided on all
frontages, unless the prevailing front setback pattern on adjoining lots allows for an exception under
the contextual front setback provision above.
I.
Setbacks from Private Roads. Whenever a private road serves more than three lots/dwelling units or
serves any nonresidential use tending to generate traffic equivalent to more than three dwelling units,
all setbacks shall be provided in conformance with those setbacks required for lots served by public
streets.
4.2.4. Building Height.
A.
Height Requirements Generally. No building shall be erected or altered that will exceed the height
limit for the respective zoning district, unless otherwise provided in subsection B.
B.
Height Exceptions for Appurtenances. Except as specifically provided elsewhere in this Development
Code, the height limitations contained in this Development Code do not apply to cupolas, flagpoles,
chimneys, antennas, heating and ventilation equipment, elevator housings, stairwell towers or similar
appurtenances; provided, however, the following:
1.
The appurtenance does not interfere with Federal Aviation Administration regulations;
2.
The appurtenance does not extend more than 25 feet above the maximum permitted building
height, except for flagpoles, church belfries, and antennas;
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3.
The appurtenance is not constructed for the purpose of providing additional floor area in the
building; and
4.
The appurtenance complies with the screening requirements for mechanical equipment and
appurtenances in Section 5.4.6, Fences, Walls, and Screening.
C.
Height Exceptions for Structures. The height regulations of this Development Code shall not apply to
barns, silos, cooling towers, fire towers, monuments, public art, or water tanks provided the structure
does not exceed 75 feet in height and does not occupy a horizontal area in excess of 300 square feet.
D.
Height Exceptions for Parapet Screening. The height of any building may extend five feet above the
maximum allowed building height to accommodate an architecturally integrated parapet necessary to
screen roof-mounted equipment.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 39-10, § 1, 12-7-2009; Ord. No. 25-17, § 1(Att. § 4), 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)
ARTICLE 5. DEVELOPMENT AND DESIGN STANDARDS AND GUIDELINES
Buckeye, Arizona, Code of Ordinances
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Page 1 of 124
ARTICLE 5. DEVELOPMENT AND DESIGN STANDARDS AND GUIDELINES
5.1. GENERAL PROVISIONS
5.1.1. General Intent. This Article includes standards and guidelines for developing property or establishing new
uses of property within Buckeye, to ensure the protection of the health, welfare, safety, and quality of life for
local citizens, visitors, and business owners. These provisions address the physical relationship between
development and adjacent properties, public streets, neighborhoods, and the natural environment, in order
to implement the General Plan vision for a more attractive, efficient, and livable community.
5.1.2. Applicability.
A.
General Applicability. Unless exempted under subsection 5.1.2 B., Exemptions, or unless otherwise
provided in this Article, this Article shall apply to the following types of development:
1.
New construction or development;
2.
Any project that involves demolition of an existing primary building and the construction of a
new primary building;
3.
Any renovation, rehabilitation, restoration, or repair work that includes an addition of floor area
equal to 50 percent or more of the existing floor area; or the addition of new floors (collectively
"substantial renovation"). The calculation shall include attached garages, but not detached
garages. For the purposes of calculation, the increase in floor area shall be aggregated over a
three-year period.
4.
Any renovation, rehabilitation, restoration, or repair that alters the exterior appearance of an
existing building must comply with the architectural design requirements outlined in this Section.
However, unless a project meets the criteria of paragraphs 1, 2, and/or 3 above, compliance with
site design, layout, parking, landscaping, and similar subsections requiring modification to
portions of a site not developed with structures is not mandatory.
5. Any conversion of an existing commercial or industrial building from a less parking intensive use
to a more parking intensive use, when the amount of existing on-site parking spaces is less than
the amount required by this Development Code. Conversion of an existing building to a more
parking intensive use shall not require compliance with this Section if the amount of existing
parking is sufficient for the new use.
6.
Any new outdoor use or expansion of an existing outdoor use.
B.
Exemptions. The following are exempt from this Article:
1.
Projects for which a complete Site Plan application has been submitted and is considered active
or approved and in good standing prior to the effective date of this Development Code, provided
that full Improvement Plans are submitted and active prior to the expiration of the Site Plan; and
2.
Development within an approved Planned Area Development (PAD) area is subject to the
standards of Article 5, Development and Design Standards and Guidelines, except where an
alternate standard (Modified Provision) is approved within a PAD. However, the application of
the standards and guidelines in this Article 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, this Article shall serve as the "baseline"
for the development of any development or design standards to be incorporated into the plan.
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All PADs are subject to vesting rights as defined in state statutes, and the City Code, and
Development Agreements (if applicable).
5.1.3. Standards and Guidelines. This Article contains both standards and guidelines.
A.
Standards are rules, principles, or measures with which compliance is mandatory unless expressly
modified through the Variance or Minor Modification procedures in Sections 8.12, Variances, or 8.13,
Administrative Deviations, or if a modified standard is approved through the alternative equivalent
compliance (AEC) procedures outlined in Section 5.1.4. A development application may be denied for
failure to meet the standards established by this Development Code. All requirements in this Article are
standards unless explicitly labeled as guidelines.
B.
Guidelines are policy preferences for which no specific measures exist. Guidelines further the City's
land use goals and policies. A development may not be denied solely for failure to comply with a
guideline if the underlying policy preferences are addressed.
5.1.4. Alternative Equivalent Compliance (AEC).
A.
Purpose. To encourage creative and unique design, AEC allows development to occur in a manner that
meets the intent of this Article, yet through an alternative design that does not strictly adhere to the
Article's standards. AEC is not a general waiver of regulations. Rather, AEC authorizes a site-specific
plan that will result in development of equal or better quality than the strict application of the
standard.
B.
Applicability. The AEC procedure is available only for Sections 5.4 through 5.13 of this Article.
C.
Decision-Making Responsibility. Applicants shall propose AEC in writing, explaining any proposed
alternatives and compliance with the criteria in subsection D below. Final approval of any proposed
AEC shall be the responsibility of the decision-making body responsible for deciding upon the
application. AEC may be reviewed concurrently (part of the standard review cycle) with the project or
entitlement request (e.g., Site Plan, Design Review, Preliminary Plat, or Final Plat). AEC shall be
approved within the approval of the project or entitlement request.
D.
Criteria. AEC may be approved if the applicant demonstrates that following criteria have been met by
the proposed alternative:
1.
Achieves the intent of the subject standard to the same or better degree than the subject
standard;
2.
Advances the goals and policies of the General Plan and this Development Code to the same or
better degree than the subject standard;
3.
Results in benefits to the community that are equivalent to or exceed benefits associated with
the subject standard; and
4.
Imposes no greater impacts on adjacent properties than would occur through compliance with
the specific requirements of this Development Code.
E.
Effect of Approval. AEC shall apply only to the specific site for which it is requested and shall not
establish a precedent for approval of other requests.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
5.2. TOPOGRAPHY AND NATURAL FEATURES PRESERVATION
5.2.1. Purpose. The purpose of this Section is to protect and enhance the natural and man-made features that
contribute significantly to Buckeye's quality and character, including but not limited to the: varying
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Page 3 of 124
topography and hillsides, washes, floodplains, wetlands, native vegetation, view corridors to the mountains,
historic or cultural sites, and other significant features.
5.2.2. Protection of Natural Features. Existing natural features and historic views of landmarks or mountainous
horizons which add value and enhance the attractiveness and vitality of the community (such as native trees,
watercourses, riparian areas, historic monuments, and similar irreplaceable assets) should be protected and
addressed as part of development proposals. The adopted master plans and policy documents as well as the
General Plan goals and policies should be implemented.
A. Development patterns should preserve and utilize unique and rare landscape elements (such as
mountains, hills, rock outcroppings, and buttes), natural topography and geologic features, wildlife
corridors, sensitive habitat areas, scenic vistas, native trees, and vegetation, and prevent the disruption of
natural drainage patterns.
B. Sustainable development should be designed to respond to the region’s unique environmental and urban
challenges.
5.2.3. Hillside. Hillside Development Standards apply to all land wherever the natural terrain of the proposed
disturbance areas within any lot or parcel has a slope of 15 percent or greater as determined by a registered
professional engineer who is licensed to practice in the State of Arizona ("Hillside Area").
A.
General Provisions for Construction in Hillside Areas. In addition to drawings, plans, specifications,
and details necessary for Preliminary Plat, Site Plan, and/orBuilding Permit approval, the following
documentary requirements and certifications shall be provided for review by the City Engineer and City
Building Inspector.
1.
An existing conditions report that includes a map at an appropriate scale presenting the total lot
and a 20-foot area beyond the property line.
2.
Detailed Preliminary Plat and/or Site Plan at an appropriate scale that show the following: grade
and slope in percent of all disturbed areas; dimensions and calculations of all cut and fill for the
building site, roads, drives, swimming pools, and the method of concealment for each fill or
exposed cut; dimensions of length and height of retaining walls, fences and other attachments;
the location and grade of all drainage channels, swales, drain pipes, etc.; and the amount and
degree of surface disturbance, destruction, or removal of natural vegetation.
3.
Cross-sections at two or more locations perpendicular to the contours through the building site.
Locations of the cross-sections shall be clearly shown on the existing conditions map. Properties
impacting ridge lines shall provide additional cross-sections indicating their relation and impact
on such ridge lines.
4.
An overall excavation, grading, and drainage plan prepared and certified by a registered
professional engineer who is licensed to practice in the State of Arizona.
5.
Where possible and appropriate, combining the above maps into one drawing may be
acceptable.
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Figure 5.2-A Hillside Height Measurement
B.
Heights and Appearances.
1.
For development within the Hillside Areas, the height of structures shall be determined by the
following (depicted in Figure 5.2-A) and not by the definition of "building height" as described in
Article 10, Definitions:
a.
No part of any structure shall penetrate an imaginary plane (the "sloping plane of
measurement"), the height of which is 30 feet measured vertically from the highest ridge
or parapet of the building to the existing natural grade directly beneath that point. Minor
topographic variations may be excluded from those measurements if those areas are less
than 25 feet in width.
b.
Exposed building walls measured in a vertical plane shall not exceed a height of 30 feet
measured from the lowest point of the wall to the top of the wall. In addition, the overall
projected height will be measured from the lowest wall improvement attached to the main
structure to the highest ridge or parapet and be limited to 45 feet.
c.
Exceptions to the maximum height requirements are allowed for architectural features that
are less than 10 percent of the entire roof area.
2.
Materials used for exterior surfaces of all structures shall blend in color, hue, and tone with the
surrounding natural setting to avoid high contrasts. The overall intent is to create a material and
color palette that when utilized is deemed complementary and compatible to the desert setting.
a.
Structures, walls, roofs, and fences shall blend with the surrounding terrain, and there shall
be no material or colors used which have a light reflecting value (LRV) greater than 35
percent.
b.
Mirror surfaces, or any treatment which changes ordinary glass into a mirror surface, is
prohibited. Bright, untarnished copper, or other metallic surfaces shall be treated so they
are non-reflective.
c.
All electrical service equipment and sub panels and all mechanical equipment including, but
not limited to, air conditioning and pool equipment, solar panels, and antennas shall not be
visible from the outside the property when viewed from the same or a lower elevation.
Restrictions of solar panels and mechanical equipment may be modified if they are
integrated into the roof design.
3.
Fences on lots within a Hillside Area, excluding retaining walls, shall be restricted to privacy
fences attached to or directly screening a portion of the main residence.
C.
Disturbed Areas. Lots in Hillside Areas shall be developed to provide for the minimum amount of
ground disturbance during the time of construction to prevent rockslides and falls, erosion, and
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seepage at final construction. Disturbed areas shall be hidden or supported by retaining walls,
buildings, finished surfaces, or shall be landscaped.
1.
All buildings, structures, and roads shall, to the fullest extent practicable, utilize the natural
contours of the land to minimize the disturbed area.
2.
The maximum height of any cut or fill used to establish a building site or a driveway shall not
exceed 15 feet. The maximum height of any cut or fill used to establish a road or roadway shall
not exceed 30 feet.
3.
The limits of construction and proposed disturbed areas shall be clearly designated on the
property prior to and during construction with flags or visible roping. No disturbance outside the
designated area shall take place.
4.
All surplus excavated material shall be removed from the lot.
D.
Driveways.
1.
If any portion of a driveway grade is more than 20 percent, the entire residence and all accessory
buildings over 120 square feet of roof area shall be protected with an approved fire sprinkling
system.
2.
Residential driveways with turning radii of less than 35 feet may be used provided all structures
are protected with an approved fire sprinkling system.
3.
Any driveway cut greater than 12 feet in depth shall not have a length greater than 200 feet.
E.
Retaining Walls and Erosion Control Measures.
1.
The design of all retaining walls and erosion control measures shall be prepared by a registered
professional engineer or architect who is licensed to practice in the State of Arizona.
2.
Raw spill slopes are prohibited.
3.
The slope from retaining walls shall be no more than 4:1.
4.
When multiple retaining walls are utilized, the top of the footing of the upper retaining wall will
be at least one foot below the top of the lower retaining wall. The slope between the walls will
terminate four inches below the top of the top of the lower retaining wall.
5.
All exposed disturbed area fill shall be contained behind retaining walls or landscaped.
6.
Retaining walls shall not exceed 20 feet in height. If additional height is needed, the wall shall be
offset at a minimum of four feet or one foot per one foot of height. Privacy fences may be
erected on a retaining wall so long as the total height does not exceed 20 feet.
5.2.4. Protection of Native Plant Species within Pristine or Environmentally Sensitive Areas.
A.
Development of lands consisting of undisturbed desert, native Sonoran Desert plant species, natural
washes, riparian habitat, or unique geological features shall provide an inventory survey documenting
the existing vegetation and features on site. In addition to the inventory survey, a salvage plan shall be
submitted detailing how the impacts to the surveyed items will be mitigated and how surveyed items
will be preserved or salvaged.
B.
Development shall minimize the removal of existing healthy Sonoran Desert vegetation, particularly any
tree or cacti that have reached maturity, or any cacti that are protected by local regulations or the State
of Arizona, regardless of the stage of growth (refer to Appendix A, Protected Native Plants).. If removal
is necessary based on an analysis and recommendation by a registered landscape architect or other
qualified native plant professional, healthy mature trees and healthy mature or protected cacti shall be
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salvaged and utilized on site. Relocation or removal of native plants shall comply with Arizona native
plant law (A.R.S. § 3-901 et seq.).
C.
Natural washes and vegetation within natural washes shall be maintained in a natural state to avoid
impeding drainage flows to the extent practicable for public safety and preservation of natural
resources.
(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)
5.3. OPEN SPACE
A.
Open spaces shall be provided by all new development consistent with the most current and applicable
City plans, including the City's Parks and Recreation Master Plan, the El Rio Design Guidelines and
Planning Standards, the "Wildlife Corridors Best Management Practice Guide," the El Rio District Area
Plan, and any other applicable Specific Area Plan or adopted design guideline.
B.
Mountain ridge lines should be protected from development to maintain the visual identity of Buckeye.
C.
Maximize land use compatibility around open space tracts to enhance community/recreational
opportunities.
D.
Open spaces should be connected together to provide continuity (see Figure 5.3-A).
Figure 5.3-A Open Space Continuity
(Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
5.4. LANDSCAPING
5.4.1. Intent. The standards and guidelines of this Section are intended to:
A.
Visually unify the appearance of developments;
B.
Define major entryways, circulation (both vehicular and pedestrian), and parking patterns to help
buffer less intensive adjacent uses;
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C.
Integrate the native and colorful landscape character of the Sonoran Desert into the City's
developments;
D.
Provide relief from the desert climate by providing shade and mitigating the heat island effect;
E.
Preserve, protect, promote, and integrate the existing desert landscape, including riparian areas,
organic and inorganic materials, and associated vegetation;
F.
Preserve native vegetation, which stabilizes desert soils and is an important habitat component by
providing food, cover, and nesting sites for desert wildlife species; and
G.
Preserve vegetation that contributes to the high quality of life, and unique desert lifestyle that the
community of Buckeye enjoys.
5.4.2. General Description of Landscaping Requirements.
A.
All development shall meet the requirements of Section 5.2.4, Protection of Native Plant Species within
Pristine or Environmentally Sensitive Areas unless preservation and/or relocation of native plants on a
development site is infeasible as determined by the Zoning Administrator.
B.
In addition, one or more of the five types of landscaping in Section 5.4.3, Landscaping Required, may
be required for a development, depending on the use and zoning district of the property, adjacent
properties, and the portion of the property involved. These types of landscaping are: (1) site
enhancement landscaping, (2) site perimeter landscaping, (3) parking lot landscaping, (4) building
foundation landscaping, and (5) entryways.
C.
Each type of required landscaping shall meet the minimum standards of Section 5.4.4, General
Requirements for all Landscaping, and shall be shown on a Landscaping Plan that meets the
requirements of this Development Code.
D.
No unapproved landscaping, object, structure, or sign shall be placed within a sight visibility triangle
(SVT), as specified in the Engineering Design Standards, unless otherwise approved by the City Engineer
(see Figure 5.4-A).
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Figure 5.4-A Unapproved Landscaping Within Sight Visibility Triangle (SVT)
5.4.3. Landscaping Required.
A.
Site Enhancement Landscaping.
1.
All portions of new development, not comprised of building or residential lot or unit footprint,
vehicular access, and required hardscape shall include planting requirements as prescribed in
Table 5.4-1, Landscaping Requirements.
2.
Site enhancement minimum percentages include all buffer requirements (if applicable).
3.
A minimum percentage of the gross land area in residential zoning districts is required as
landscaped area that increases based on density (du/ac) as stated below. Enclosed private yards
serving one residential lot or one dwelling unit do not count towards these minimum
requirements.
a.
1.0 du/ac or less - Zero percent.
b.
More than 1.0 du/ac up to 2.0 du/ac - 5 percent.
c.
More than 2.0 du/ac up to 3.0 du/ac - 15 percent.
d.
More than 3.0 du/ac up to 5.0 du/ac. - 20 percent
e.
More than 5.0 du/ac up to 10.0 du/ac - 25 percent.
f.
More than 10.0 du/ac up to 15.0 du/ac - 30 percent.
g.
More than 15.0 du/ac - 30 percent.
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i.
The amount of landscaping may be reduced by up to 50 percent for developments
located within 1,320 feet of a major public park or within the boundaries of a Specific
Area Plan with urban residential design guidelines, as determined by the Zoning
Administrator.
4.
Nonresidential zoning districts shall have a minimum percentage of the gross land area as
landscaped area that is based on intensity of the use, as noted in Table 5.4-1, Landscape
Requirements.
5.
A mixed-use development shall calculate residential and nonresidential minimum standards
independently unless otherwise approved through the Site Plan process.
6.
Minimum planting requirements shall vary by zoning district. Tree sizes shall meet or exceed the
minimum standards of Section 5.4.4.B., Minimum Plant Specifications.
TABLE 5.4-1: LANDSCAPING REQUIREMENTS (BY DISTRICT TYPE)
Residential (Single- and Multi-Family)
Commercial and
Mixed Use
Industrial
Minimum Percentage
of Parcel to be
Landscaped
0% to 30% per 5.4.3.2.
20%
10%
Site Enhancement [1]
1 tree, 5 other plantings per 600 square feet
1 tree, 5 other
plantings per 400
square feet
1 tree, 5 other
plantings per 500
square feet
Site Perimeter [1]
1 tree, 5 other plantings per 25 linear feet
1 tree, 5 other
plantings per 25 linear
feet for commercial
1 tree, 5 other
plantings per 25 linear
feet
Landscaping Inside
Parking Areas [1]
1 tree, 5 other plantings per landscape island
1 tree, 5 other
plantings per
landscape island
1 tree, 5 other
plantings per
landscape island
Building Foundation
[1]
Single Family: At least 1 tree and 10 other
plantings per front yard (at time of Certificate
of Occupancy)
Multi-Family: 1 tree or 5 other plantings per 25
linear feet (or a combination thereof).
1 tree or 5 other
plantings per 25 linear
feet (or a combination
thereof)
1 tree or 5 other
plantings per 25 linear
feet (or combination
thereof)
Acceptable Landscape
Surface
Turf, granite, undisturbed desert
Turf, granite,
undisturbed desert
Granite, undisturbed
desert
NOTES:
1.
Driveway and restrictive easement areas (except for typical Public Utility Easements) shall be excluded from
landscape area and planting calculations. When site elements such as fire hydrants, utility boxes, light poles, etc.
prevent the installation of trees or other required landscape materials, these materials may be deducted from the
required landscape calculation.
B.
Site Perimeter Landscaping.
1.
Except in the Downtown, site perimeter landscaping shall be required for all development along
roadways if a setback is provided and shall include planting requirements as prescribed in Table
5.4-1, Landscaping Requirements.
2.
A minimum landscape setback of 25 feet shall be provided along all arterial and higher
classification streets and freeways from the edge of the right-of-way (ROW), and a minimum
landscape buffer of 15 feet shall be provided along all collector and lower classification streets
from the edge of the ROW. In districts where buildings are permitted to be set back less than the
minimum prescribed landscape setback, those buildings may encroach into the landscape
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setback; however, no parking, vehicular circulation (excluding driveways providing access to the
adjacent right-of-way) or walls (excluding parking screen walls) may occur within the required
landscape setback. Developments utilizing a setback of zero feet shall not be required to provide
site perimeter landscaping on that side. See Figure 5.4-B.
Figure 5.4-B: Relationship between Building Setback and Landscape Setback
a.
Site perimeter landscaping may not be utilized towards the interior parking lot landscaping
requirement.
b.
This setback is exclusive of any ROW area as required.
c.
Trees are not permitted within public utility easement (PUE) areas, unless approved by the
appropriate utility interest(s) and the City. The density of shrubs and accent plants within
the PUE should increase to compensate for the lack of trees.
d.
In areas where an existing pattern of sidewalks, street trees, or other landscaping has been
established, the standard may be modified through the Site Plan approval process to allow
for consistency with the established pattern.
e.
Additional landscaping within the public ROW, between the back of curb and sidewalk and
between the sidewalk and property line, is required at the rate of one tree and five shrubs
for every 40 linear feet of frontage. Trees shall be planted 25 feet on-center. In the event
trees cannot be planted 25 feet on-center due to the site visibility triangle, special
easements, or other factors as determined by the Zoning Administrator, tree spacing may
be greater.
f.
A five-foot reduction for the required setback depth is permitted for locations where a PUE
is not required or existing.
3.
The perimeter of parking areas located within 300 feet of an adjacent public street shall be
screened by one or a combination of the following methods:
a.
A masonry wall no less than three and one-half feet in height using materials compatible
with the principal building, not to interfere with sight lines for vehicular movement; or
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b.
A landscaped berm no less than three and one-half feet in height at a maximum slope of
four to one (4:1), including a flat top for planting, not to interfere with site lines for
vehicular movement.
4.
Stormwater detention basins shall not occupy more than 50 percent of any landscaped area
fronting on an arterial street if maximum basin depth exceeds three feet below grade. Where
exceptional design is exhibited through contouring and landscaping, as determined by the Zoning
Administrator, a greater percentage of the frontage landscaped area may be allowed.
5.
A minimum landscape buffer of 40 feet shall be provided for new industrial development, a
minimum of 30 feet for new commercial development, and a minimum of 20 feet for new multi-
family development located adjacent to single-family residential zoning districts and shall include
planting requirements as prescribed in Table 5.4-1, Landscape Requirements for site perimeter
landscaping.
a.
Excluding landscaping, perimeter walls constructed on or near property lines, and any
improvements required for civil and/or safety purposes, no improvements shall be
constructed within the required buffer.
b.
A minimum landscape buffer shall be provided for new mixed-use development located
adjacent to single-family residential zoning districts determined through the Site Plan
approval process.
c.
Within the Downtown Activity Center, the minimum buffer depth between dissimilar land
uses may be reduced within zoning districts that permit a building setback less than the
width prescribed within this subsection.
6.
In the event that an easement that precludes planting of plant material of any kind is located
within a required landscape setback or buffer, developers shall receive credit for half of the
easement width towards required landscape setback or buffer. For example, if a 25-foot
landscape setback along a frontage is required, but the frontage features a 16-foot-wide
easement where plant material of any kind is not permitted, half of the easement width (eight
feet) will count towards the required landscape setback, necessitating the provision of an
additional 17 feet of landscape area required outside of the easement.
a.
Easements that preclude planting of trees but allow for planting of shrubs and accents
shall receive full credit towards required landscape setbacks and half credit, using the
methodology above, towards required landscape buffers. If, at the time of construction or
following landscape plan approval and permit issuance, the owner or agency with
easement rights legally requires removal of plant material shown within the easement on
the approved landscape plan, the developer will not be required to increase the width of
the landscape setback.
7.
Section 5.10.2.B.4 establishes additional site perimeter landscape standards for industrial
developments.
C.
Landscaping Inside Parking Areas.
1.
Landscape Islands.
a.
Landscape islands must be a minimum of eight feet wide and the length of the parking stall.
Landscape islands must be installed between a maximum of 10 parking spaces either in a
single row or a double row and must also be provided at the ends of all rows. Landscape
islands must include planting requirements as prescribed in Table 5.4-1, Landscaping
Requirements.
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(i)
Covered parking lots shall only require landscape islands at the ends of rows
and are exempt from the requirement to provide islands every 10 spaces.
b.
For maintenance and water conservation, turf grasses are not permitted within landscape
islands.
c.
The standards in this subsection shall not apply to truck loading and service areas or truck-
only parking areas located on industrial development sites.
2.
Landscape Medians.
a.
Parking lots containing 250 or more spaces shall provide medians to enhance pedestrian
connectivity between parking spaces and building entrances in compliance with Section
5.6.9.F, Parking Area Layout.
b.
One tree and five other plantings shall be provided every 30 linear feet.
c.
The standards in this subsection shall not apply to truck loading and service areas or truck-
only parking areas located on industrial development sites.
D.
Building Foundation Plantings. In all multi-family, commercial, mixed-use, and industrial zoning
districts, new development must provide minimum landscaping as prescribed in Table 5.4-1,
Landscaping Requirements, along all facades that are adjacent to public streets or parking areas, unless
the building has no setback from the property line.
1.
Required plants shall be placed in-ground in a landscaped area with a minimum dimension of five
feet by five feet located within 15 feet of the building façade.
2.
Alternatively, raised planters or pots may be used if located within 15 feet of the building façade.
The color, material, and form of planters/pots must complement the design of the adjacent
facade.
3.
Buildings taller than 30 feet must provide one tree per 25 linear feet, in addition to the standards
in Table 5.4-1, Landscaping Requirements.
E.
Entryways and Major Intersections. In all zoning districts, any development that is 10 acres or more in
size shall incorporate prominent focal points at major entrances and arterial/arterial intersection
corners. Such focal points shall be created through a minimum of three of the following:
1.
Gateway monuments;
2.
Decorative pavement treatments at driveway entrances outside of ROW;
3.
Sculpture or public art;
4.
Concentrations of vertical landscape forms; or
5.
Other features, as approved, to define entrances and intersections as visual gateways to the
development.
F.
Roadway Medians. In all zoning districts, any development that fronts a public street where medians
are planned shall be responsible for constructing and landscaping the median. Areas that are subject to
the Buckeye Arterial Gateway Guide (BAGG) will develop in compliance with the adopted Guide.
1.
Median Construction Responsibility. The following conditions determine the responsibility for
constructing and/or landscaping an adjacent median in a public street.
a. If sufficient ROW and existing street improvements are present adjacent to the development
as determined by the City Engineer, then the developer of the property shall construct,
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provide all necessary utilities, and landscape the full median along the frontage of the
development site;
b. If sufficient ROW and existing street improvements are not present adjacent to the
development as determined by the City Engineer, then the developer of the property shall be
required to pay in-lieu fee for half of the ultimate median construction, utilities, and
landscaping and shall construct the otherwise required half street improvements; or
c.
If a median that is not landscaped is located within the ROW along the frontage of the
development site, the developer of the development site shall be responsible for landscaping
the median, including all necessary utilities and irrigation to the median.
2.
Median Landscaping. The following requirements apply to the design and construction of any
median NOT identified within the adopted BAGG. Any median identified in the BAGG shall be
designed in accordance with that document.
a. Trees must be provided at a rate of one 24-inch box tree for every 35 lineal feet of median
length. The species must be selected based on mature canopy spread that will be equal to or
less than the width of the median.
b. Shrubs or ground covers must be provided at a minimum rate of five shrubs or ground covers
for every 35 lineal feet of median length.
c.
Decomposed granite (DG) ground cover must be half-inch screened. The color selected for the
median must match the decomposed granite installed along an adjacent project frontage.
5.4.4. General Requirements for All Landscaping.
A.
Landscape Materials List.
1.
Low-water, drought-tolerant, plants shall be used for all new landscaping. Plant materials shall be
selected from the plant list of the Arizona Department of Water Resources.
2.
The male mulberry (Morus alba) and the olive tree (Olea europea) are prohibited within City
limits. The fruitless version of the olive tree (Olea europea ‘Swan Hill’) is permitted.
3.
Sissoo trees are prohibited within City ROW and must be located a minimum of 20 feet from
public sidewalks, public roads, and public structures.
B.
Minimum Plant Specifications. Landscaping mixture shall be in compliance with Section 5.4.4.A,
Landscape Materials List. All shrubs shall be a minimum of five gallons, and all groundcover shall be a
minimum of one gallon. All required trees shall meet the following box sizes and conform to the
Arizona Nursery Association standards for tree species container size, height, width and caliper:
1.
Sixty percent of required trees shall be 24-inch box or larger.
a.
Within single-family residential developments, trees that are located more than 120 feet
from an arterial street may be 15 gallons instead of 24-inch box.
2.
Thirty-five percent of required trees shall be 36-inch box or larger.
3.
Five percent of required trees shall be 48-inch box or larger. A 15-foot tall or larger saguaro can
be planted instead of a 48-inch box tree.
4. Any additional trees provided on a site beyond the minimum quantity required must be 15
gallons or larger.
C.
Maintenance. Every property owner and any tenants must keep their landscaped areas in a well-
maintained, safe, clean, and attractive condition at all times in compliance with a national standard,
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such as the American National Standards Institute (ANSI) standards, for tree and shrub pruning and
maintenance. Landscape maintenance includes, but is not limited to, the following:
1.
Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not
a part of the landscape;
2.
All plant material shall be maintained in a healthy and growing condition and must be replaced
with plant material of similar variety and size not to be smaller than the minimum required by
this Development Code at the time of replacement if diseased, damaged, destroyed, or removed
in perpetuity over the life of a development project;
3.
Watering on a regular basis;
4.
Maintenance of landscape lighting in working order;
5.
Maintenance of irrigation systems in working order;
6.
Cleaning and maintenance of abutting landscaped areas lying between the street curb and
property line, within the public ROW unless such landscaped area is expressly designated to be
maintained by a designated governmental authority; and
7.
It is the responsibility of the adjacent property owner or the property association formed by the
adjacent property owner to trim trees to allow for an 18-foot-high clearance above the
pavement.
D.
Irrigation.
1.
All landscaping improvements, except for drought-tolerant or low-water use plants that do not
require irrigation, shall include a suitable method for irrigation. Failure to maintain landscaping
shall be a cause for permit revocation or other enforcement action.
2.
An underground drip irrigation system is required for all landscaped areas (except for turf). For
turf areas, a secondary non-potable water source, if available, must be used.
E.
Right-of-Way (ROW).
1.
To the maximum extent practicable, Landscaping Plans shall be coordinated with the placement
of utilities to avoid conflicts with above- and below-ground utilities and overhead light fixtures,
and within the City ROW to avoid obstruction issues.
2.
Any object, wall, structure, mound, or landscape (mature) over 24 inches in height is prohibited
within the SVT as specified in the Engineering Design Standards.
3.
Tree canopies hanging over the sight visibility lines must be trimmed to seven feet above street
surface.
4.
Boulders are prohibited within a PUE, ROW, or within six feet from the back of curb.
5.
Trees are prohibited within the SVT or sight distance line (SDL) including median trees, except
that median trees may be allowed if limited to single trunk variety trees with canopies that are at
least eight feet in height.
6.
Except for groundcover and accent plants that grow low to the ground, landscape planting will
not be located between the fire hydrant and the curb.
7.
Deep root barriers are required for all trees located within the ROW.
F.
Phasing Landscape Installation. All landscaping within ROW and required landscape setbacks adjacent
to ROW shall be installed during the initial phase of development for any master planned commercial,
industrial, or mixed-use project, unless alternative phasing of street improvements is otherwise
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approved by the Zoning Administrator or City Engineer. This requirement applies to the full length of
the boundary of the master planned project area, regardless of phasing.
5.4.5. Special Character Areas.
A. Sun Valley Parkway Scenic Corridor. Recognizing the need for preservation of the natural Sonoran Desert
environment, the Sun Valley Parkway, from the eastern City limits in northern Buckeye to Interstate 10 in
central Buckeye, is subject to the following additional standards:
1. All new development shall provide a supplemental landscape setback of 15 feet along Sun Valley
Parkway, in addition to the minimum requirements outlined in 5.4.3.B, Site Perimeter
Landscaping.
2. Retention basins shall not be permitted within the combined 40-foot landscape setback along
Sun Valley Parkway. Drainage facilities shall be limited to regional flows.
3. No parking, vehicular circulation (excluding driveways providing access to the adjacent ROW),
walls (excluding parking screen walls) or other development improvements may occur within the
required landscape setback.
4. Landscape design within the combined setback area shall preserve the natural character of the
Sonoran Desert. Salvaged, preserved, and new native plants, succulents, and native seed mixes
shall be prominently incorporated into the proposed design, accounting for at least 75 percent of
plantings within the combined setback area. Irregular groupings of plant materials and provision
of undulating berms and/or mounds should be prioritized over more formal arrangements, such
as evenly spaced rows of trees or symmetrical shrub patterns.
5. Walls and fencing adjacent to the required combined total landscape setback shall be thematic in
materials and colors to complement with the natural environment.
6. Natural and artificial turf shall not be permitted.
7. All varieties of Palm Tree species shall not be permitted within the ROW or medians but may be
utilized at main entrances of developments or as corner treatments.
B. Cohesive Streetscape. Integration with existing built environments gives a sense of cohesion through
complementary planting palettes, decorative rock, and hardscapes.
C. All new developments shall strive to provide materials that are cohesive with established landscape
designs on neighboring properties. Walls and fencing shall utilize complementary materials and colors to
any existing walls on adjacent properties to create a more cohesive aesthetic.
5.4.6. Fences, Walls, and Screening.
A.
Purpose. The purpose of these standards is to ensure the design of fences contributes to the character
of development, and to avoid long expanses of blank fences and walls that can lead to a "canyon"
effect on the streetscape. This Section also ensures that fences are constructed of high-quality and
durable materials.
B.
Fences and Walls.
1.
Height.
a.
Front.
i.
No fence or wall on lots used for single-family residential uses located between the
principal structure and the front property line shall exceed three and one-half feet in
height. A fence or wall in line with or behind the principal structure may be up to six feet
in height.
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ii. A six-foot high wall between the principal structure and the front property line is
allowed for multi-family, commercial and industrial developments. The fence or wall
must be provided at the back of any required landscape setback. The Zoning
Administrator may authorize wall heights up to 10 feet if additional height is needed to
screen service, loading, or outdoor storage areas from adjacent residential uses.
b.
Side and Rear.
i.
No fence or wall on lots used for single-family or multi-family residential uses located
between the principal structure and the rear or side property line shall exceed six feet in
height, except that additional height may be granted for retaining walls or sites with
elevated foundations. If the side or rear property line is street-adjacent, the fence or
wall must be provided at the back of any required landscape setback.
ii.
For commercial and industrial uses, no fence or wall located between the principal
structure and the rear or side property line shall exceed eight feet in height, except that
additional height may be granted for retaining walls or sites with elevated foundations.
If the side or rear property line is street-adjacent, the fence or wall must be provided at
the back of any required landscape setback. The Zoning Administrator may authorize
wall heights up to 10 feet if additional height is needed to screen service, loading, or
outdoor storage areas from adjacent residential uses.
c.
Perimeter Fences and Walls. Perimeter walls enclosing platted residential subdivisions may
be up to eight feet in height adjacent to arterial or higher street classifications and up to six
feet in height adjacent to collector and lower street classifications. Perimeter walls must be
located at the back of required landscape setbacks.
2.
Articulation.
a.
Fences and walls shall be articulated to avoid continuous and unbroken expanses. No fence
facing an arterial or higher street classification may extend continuously, without
articulation, for more than 200 feet, or 100 feet for fences facing any other type of public
street. Fences may be articulated using any combination of the following:
i.
Changes in material or texture, including the use of view fence that allows for views into
the site;
ii.
Offsets (projections or recessions);
iii.
Landscape pockets; or
iv.
Similar features as approved.
b.
All fences and walls along an arterial or higher street classification with a continuous length
greater than 200 feet must be articulated with a minimum three foot offset at minimum
intervals of 150 feet or every three lots, whichever is less, to provide variety and visual
interest.
3.
Fence and Wall Materials.
a.
Fences and walls shall be constructed with the following materials, with fences and walls
visible from public ROW requiring a combination of at least two of the listed materials:
i.
Integrally colored, split-face, or ground-face concrete masonry units (CMU);
ii.
Concrete masonry units (CMU) that have been painted, finished with stucco, or faced
with another permitted material;
iii. Stone (natural or simulated);
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iv. Brick;
v.
Wrought-iron or other decorative metal;
vi. Wood (painted or stained), vinyl, or plastic , allowed on agricultural or single-family
residential lots only, not be utilized on perimeter walls enclosing single-family
residential platted subdivisions visible from streets); and/or
vii. Other materials as approved by the Zoning Administrator.
b.
Chain link fencing is prohibited on commercial and residential development sites, except to
enclose sport courts and as necessary to ensure public safety during approved construction
activities on the site. Chain link fencing is permitted in industrial districts but shall not be
viewable from public ROW. For the purposes of this provision, not visible shall mean
starting at a point 200 feet from the nearest edge of ROW.
c.
A higher level of design detail shall be utilized for highly visible fences along major arterial
roadways and interstates, including but not limited to, the incorporation of mosaic designs,
relief panels, or similar public art.
d.
For single-family residential uses, the design of fences and walls must include colors,
materials, and/or forms that complement and are of equal quality to the materials used for
the building and/or the residential subdivision. For all other uses, the design of fences and
walls must include colors, materials, and forms that are of the same and of equal quality to
the materials used for the primary building.
4.
Fence and Wall Placement. No fences or walls may be placed within the public ROW.
5.
Freeway Sound Walls. Development proposed within 150 feet of an existing freeway may be
required by the Arizona Department of Transportation (ADOT) to construct a sound attenuation
wall. If required, the height of the sound attenuation wall permitted shall be equal to the height
required by ADOT. Design of such walls shall be decorative and in context with any existing sound
walls in the general vicinity.
6.
Retaining Walls.
a.
The height of retaining walls supporting either cut or fill conditions shall not exceed 12 feet
in height measured vertically from the lowest point at natural grade to the highest point of
the wall.
b.
Retaining walls greater than six feet in height that are visible from public ROW shall be
terraced to minimize visual impacts on residents and neighboring properties by:
i. Limiting terracing to three tiers, with each tier no greater than six feet in height; and
ii. Providing a minimum terrace width of five feet between any two retaining walls with a
maximum slope of 4:1 and planted with a minimum of four shrubs per 100 square feet
of terrace area.
iii. The Zoning Administrator may approve reduced terrace depths and alternative
landscaping treatments where site constraints limit the amount of space available to
accommodate the minimum width and planting densities.
C.
Screening of Services, Refuse Collection, and Utilities.
1.
Screening Required.
a.
Solid waste collection areas and mechanical equipment, including equipment located on a
rooftop, shall be screened from the view of a six-foot tall person standing on the property
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line on the far side of an adjacent public street (see Figure 5.4-C) and from the shared
property line of any residentially used or zoned properties. Individual screening of rooftop
mechanical equipment is prohibited. Rooftop-mounted mechanical equipment shall either
be grouped together "penthouse style" or screened with a parapet wall the entire length of
the building facade. The parapet wall shall be designed as an integral element of the overall
architecture of the building.
b.
To ensure the effectiveness of proposed screening as required by this subsection, the
Zoning Administrator may require the submission of a line of site analysis to determine the
best method of screening the following:
i. Truck and trailer parking areas;
ii. Loading docks and doors:
iii. Refuse and recycling areas;
iv. Outside storage;
v. Roof- or ground-mounted equipment;
vi. Utility equipment such as transformers, well sites, lift stations, etc.; and
vii. Similar equipment or components of a building.
Figure 5.4-C: Screening of Equipment, Etc.
c.
Except in the Downtown and mixed-use districts, storage, solid waste collection, and
loading areas shall be located at least 20 feet from any public street or public sidewalk, or
50 feet from a property line with a residential use. Placement of storage, solid waste
collection, and loading areas shall be sited so as not to interfere with vehicular visibility or
circulation.
d.
Loading docks, truck parking, outdoor storage, trash collection, trash compaction, and
other service functions shall be incorporated into the overall design of the building and
landscaping so that the acoustic impacts of these functions are contained to the maximum
extent feasible, and so that such features are fully screened and out of view from public
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streets. Screening materials for solid waste collection and loading areas must be of the
same and of equal quality to the materials used for the primary building and landscaping.
2.
Shopping Cart Storage. The following standards apply to any commercial development that
provides shopping carts: (refer also to Chapter 10, Section 10-3-16)
a.
Long-term (overnight) shopping cart storage areas must be provided inside of the primary
building or adjacent to the building and behind a decorative screening fence or wall
constructed of masonry, metal, or finished wood that is consistent with the design of the
adjacent building. The fence or wall shall not exceed the height of the shopping carts by
more than six inches.
b.
Short-term shopping cart corrals (located within parking areas for day use and where carts
are generally not left overnight) must be designed with durable materials and design
features that complement the architectural character of the development or be painted to
match or complement the primary building.
c.
Short-term shopping cart corrals must be located so as not to encroach upon vehicular or
pedestrian circulation paths.
3.
Guidelines for Service and Refuse Areas.
a.
Cluster service and refuse areas for nearby buildings and uses.
b.
Where feasible, locate above-ground utility facilities, such as utility cabinets and meters, in
areas that do not conflict with featured views, outdoor dining areas, outdoor gathering
areas, or site circulation. Screen these facilities with dense landscaping or decorative
fences or walls.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 06-13, § 1, 5-21-2013; Ord. No. 18-17, § 5, 7-5-2017; Ord. No. 23-17, § 1,
12-19-2017; Ord. No. 25-17, § 1(Att. § 5), 12-19-2017; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 37-
22, § 3(Att.), 12-20-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
5.5. TRANSPORTATION AND CONNECTIVITY
5.5.1. Purpose. The purpose of this Section is to support the creation of a highly connected transportation system
within the City in order to provide choices for drivers, bicyclists, and pedestrians; increase effectiveness of
local service delivery; promote walking and bicycling; connect neighborhoods to each other and to local
destinations such as employment, schools, parks, and shopping centers; reduce vehicle miles of travel and
travel times; improve air quality; reduce emergency response times; mitigate the traffic impacts of new
development; and free up arterial capacity to better serve regional long-distance travel needs. These
standards attempt to avoid the creation of large, isolated tracts without routes for through traffic or
pedestrian and bicycle connections.
This Section is in compliance with the current Transportation Master Plan and the Bike and Pedestrian
Master Plan.
5.5.2. Traffic Impact Mitigation. Any proposed development shall account for the traffic generated by that
development. Any improvements required to mitigate the impacts of traffic generated by the development
will be the responsibility of the development. See Section 6-1 of the Engineering Design Standards for
guidelines.
5.5.3. Streets and Vehicular Circulation.
Note—(Refer also to Section 6-3, Engineering Design Standards.)
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A.
Street Standards. All streets shall meet the standards in Article 6, Land Subdivision, and shall be
consistent with the circulation element of the General Plan or approved PAD.
B.
Street Connectivity.
1.
Purpose. Street and block patterns should include a clear hierarchy of well-connected streets
that distribute traffic over multiple streets and avoids traffic congestion on principal routes.
Within each development, the access and circulation system should accommodate the safe,
efficient, and convenient movement of vehicles, bicycles, and pedestrians through the
development, and provide ample opportunities for linking adjacent neighborhoods, properties,
and land uses. Local neighborhood street systems are intended to provide multiple direct
connections to and between local destinations such as parks, schools, and shopping. These
connections should knit separate developments together, rather than forming barriers between
them.
2.
Residential Streets.
a.
Residential streets shall be laid out so that use by through-traffic will be discouraged.
Traffic-calming techniques such as diverters, neck-downs, street gardens, and curvilinear
alignments are encouraged to reduce speeds and cut-through traffic.
b.
Should topography or other constraints require the use of straight local streets that extend
more than 660 feet without interruption, a traffic-calming device, or similar feature shall be
used to slow traffic and break-up the "runway" appearance. In addition, traffic-calming
devices may be required to address public safety concerns.
c.
To the maximum extent practicable, streets shall be arranged to follow the natural
contours of the site.
3.
Vehicular Access to Public Streets and Adjacent Land.
a.
All development shall provide public street or pedestrian/bike connections to all existing,
adjacent public streets, unless it is impractical or infeasible to do so, as determined by the
Zoning Administrator.
b.
If there are no adjacent public streets, a vehicular and pedestrian connection must be
provided from new subdivisions and/or Site Plans on each boundary abutting adjacent
vacant land for future connections spaced at intervals not to exceed 1,320 feet for arterials,
or 660 feet for other street types, or as otherwise approved.
c.
When connections to surrounding streets are proposed or required by the City, public ROW
shall be dedicated and streets developed to existing paved ROW. The City may also require
temporary turnarounds to be constructed for temporary culs-de-sac between development
phases.
4.
Culs-de-Sac and Dead-End Streets Discouraged.
a.
Permanent culs-de-sac and dead-end streets shall generally be used when topography, the
presence of natural features, and/or vehicular safety factors make a vehicular connection
impractical.
b.
Design standards for culs-de-sac are located in Section 6-3of the Engineering Design
Standards.
5.
Driveways and Access.
a.
General.
i.
All driveway entrances and other openings onto streets shall be constructed so that:
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(1) Vehicles may safely enter and exit from the lot in question;
(2) Interference with the free and convenient flow of traffic in abutting or
surrounding streets is minimized; and
(3) Joint driveways are desirable whenever possible in order to minimize the number
of access points to streets and access easements.
b.
Residential. In addition to the above general requirements, all residential development
shall be subject to the following:
i.
There shall be no direct driveway access (ingress or egress) from any single-family
residential lots to any collector street, arterial street, or highway unless no other legal
access alternative is available. Bungalow communitiesare exempt from this
requirement.
ii.
Multi-family development sites greater than five acres shall include a minimum of two
through-access ingress/egress driveways. An exception may be made where a site is
landlocked by existing development or other physical constraints, or where existing
natural features on the site require the use of protective measures that would
otherwise make a second access drive infeasible.
iii.
For driveways serving a multi-family residential development with gates, the
minimum driveway throat length is 50 feet measured from the back of the ROW to
the call box to allow vehicles to stack outside the development’s gate.
iv.
Excluding single-family attached products such as townhomes and similar product
types where driveway parking is not intended, a driveway serving a single-family
home shall not be less than 20 feet in length from the face of the garage to the near
edge of the sidewalk. Parking is prohibited on driveways less than 20 feet in length
from the face of the garage to the near edge of the sidewalk. Bungalow communities
are exempt from this requirement and instead must provide a minimum of 20 feet of
clear space within a garage.
v.
The width of a single-family residential lot’s driveway must not exceed 10 feet in
width for one-stall garages/carports and tandem garages; 20 feet in width for two-
stall garages/carports; and 30 feet in width for three or more-stall garages/carports.
Driveway width is measured at right angles to the center line of the driveway at a
point 10 feet from the front property line. Driveway width may be increased by
permissible curb return radii.
vi.
All driveways serving single-family residential lots shall be setback at least one foot
from side yard property lines, except that zero lot line, attached, and similar products
where multiple households share a driveway are not subject to this requirement.
vii.
The total aggregate driveway width for lots that include an RV garage in addition to a
one-or two-bay garage, must not exceed 35 feet provided landscape strips, decorative
pavers, grass-crete pavers, or similar materials are used to minimize the visual
appearance of the parking surface in the front yard. The driveway for an RV garage
must connect to the driveway to the one- or two-bay garage; a separate curb cut for
the RV garage is prohibited.
viii. Driveways for single-family residential lots shall be paved with asphalt, bituminous,
brick, concrete, or other surfaces of comparable durability to minimize nuisance from
dust.
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c.
Residential Driveway Extensions. A "residential driveway extension" means a hard surface
that extends from the driveway and which is primarily used for the parking of vehicles and
not for traveling between the garage and adjacent street.
i.
A residential driveway extension shall be constructed of concrete, asphalt, pavers, or
three inches of crushed rock that is compacted and contained within a permanent
border. Residential driveway extensions must adhere to the following conditions:
(1) The total width of the driveway and driveway extension shall not exceed 50
percent of the lot width. Irregular shaped lots widths are measured from the
front setback line. Bungalow communities are exempt from this requirement.
d.
Nonresidential. In addition to the above general requirements, all nonresidential
development shall be subject to the following:
i.
All nonresidential buildings, structures, and parking and loading areas shall be
physically separated from all non-arterial or collector streets by vertical curbs and
other suitable barriers and landscaping to prevent unchanneled motor vehicle access.
In addition, each access way shall comply with the following:
(1) An adequate throat length helps to keep traffic conflicts within a parking lot to an
acceptable level and provides space on the driveway for incoming and outbound
traffic. Throat length is measured from the curb return from the street to the
next curb return or first point of conflict with internal site traffic.
(2) For all nonresidential driveways, the minimum driveway throat length is 50 feet,
unless a different length is determined through a traffic study prepared by a
traffic engineer and approved by the City.
a.) For high-volume driveways (i.e. over 400 peak hour vehicles in both
directions) such as a shopping center entrance/exit, the minimum throat
length must be determined through a traffic study prepared by a traffic
engineer and approved by the City.
b.) For driveways serving a nonresidential development regardless of traffic
volume that includes gates, the minimum driveway throat length is 50 feet
measured from the back of the ROW to allow vehicles to stack outside the
development’s gate.
(3) Where feasible, the width of any access way leading to the full access of an
arterial street shall be median-divided to provide separation from incoming and
outgoing traffic. Medians shall be a minimum of six feet in width measured from
inside curb to inside curb to accommodate tree planting and a minimum of 20
feet in length. (See Figure 5.5-A.) Construction and maintenance of such on-site
medians shall be the responsibility of the property owner/developer.
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Figure 5.5-A: The width of access ways from arterial streets
6.
Visibility at Intersections. On all lots or parcels of land on which a front setback is required, no
obstruction that will obscure the view of motor vehicle drivers shall be placed within the
triangular area formed by the adjoining street property lines as specified in the City Engineering
Manual, except that trees may be permitted within the triangular area provided that those trees
are placed in the street planter strip and the limbs are pruned to at least seven feet above the
grade level of the adjacent street.
5.5.4. Pedestrian Circulation.
A.
Sidewalks Required.
1.
Sidewalks shall be installed on both sides of all arterials, collector streets, and local streets
(including loop streets and cul-de-sacs), and within and along the frontage of all new
development or redevelopment. This requirement shall not apply to local streets in districts in
which the minimum lot size is one acre or greater or in steep-slope areas where sidewalks on one
side of the street may be approved to reduce excessive slope disturbance, adverse impacts on
natural resources, and potential soil erosion and drainage problems. Alternative paving materials
within residential developments may be approved by the Zoning Administrator.
2.
10-foot wide sidewalks must be provided along all public street frontages of all public, private,
and charter schools. Existing schools and schools that are located as a tenant within an existing
commercial center would be exempt from this requirement.
3.
A minimum eight-foot wide internal sidewalk shall be provided from the public ROW to school
buildings and school facilities. This sidewalk shall not bisect a parking lot and may be located on
the edge of a parking lot.
B.
Non Single-Family Residential On-Site Pedestrian Connections.
1.
All commercial, industrial, and multi-family development shall provide a network of on-site
pedestrian walkways with a minimum width of five feet to and between the following areas:
a.
Entrances to each commercial building on the site, including pad site buildings;
b.
Public sidewalks or walkways on adjacent properties that extend to the boundaries shared
with the subject development;
c.
Adjacent public transit station areas, transit stops, park and ride facilities, or other transit
facilities;
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d.
Adjacent single-family residential or other uses such as public parks, recreational facilities,
schools, places of worship, or similar community serving facilities; and
e.
Parking lots.
2.
Identify on-site pedestrian walkways and crosswalks to motorists and pedestrians through the
use of one or more of the following methods: (See Figure 5.5-B.)
a.
Changing paving material, patterns, or paving color (does not include the painting of the
paving material);
b.
Changing paving height;
c.
Decorative bollards;
d.
Raised median walkways with landscaped buffers; or
e.
Stamped or stained concrete.
Figure 5.5-B: Examples of Pedestrian Connections
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3.
Emphasize off-street pedestrian circulation areas that are adjacent to on-site parking areas, drive
aisles, and driveways with special design features that establish them as areas where pedestrians
are physically separated from the flow of vehicular traffic that are well shaded. Techniques shall
include landscape planters with a minimum width of six feet featuring shade trees placed every
25 feet (or more frequently) and a minimum of two of the following:
a.
Pedestrian light features;
b.
Bollards;
c.
Seat walls or benches;
d.
Drinking water fountains; and
e.
Structural shade features such as canopies, trellises, etc.
4.
Guidelines.
a.
Break up sites larger than five acres into smaller units through the use of on-site pedestrian
walkways, private drives, and other vehicular circulation routes. Breaking up such sites
need not require any subdivision of the site or creation of a separate legal description(s).
b.
To the extent practicable, combine drainage and stormwater retention facilities between
adjacent sites.
c.
Minimize access points to arterial roads through shared drives and internal connections.
(See Figure 5.5-C.)
Figure 5.5-C: Shared Drives and Internal Connections
C.
Trails. Construct on-site portions of trails and multi-use paths that are identified in the Parks and
Recreation Master Plan or other City-adopted trails master plan, or connect to the Maricopa County's
trails system, or connect to adjacent municipalities' pedestrian and bicycle circulation systems,
provided that any such improvements are directly related to the impacts of the proposed use or
development and are roughly proportional in both extent and amount to the anticipated impacts of
the proposed use or development.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 25-17, § 1(Att. § 6), 12-19-2017; Ord. No. 09-18, § 2(Att. § 5), 3-6-2018;
Ord. No. 15-20, § 3, 9-15-2020; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 37-22, § 3(Att.), 12-20-
2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
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5.6. OFF-STREET PARKING
5.6.1. Purpose. The regulations of this Section are intended to ensure provision of off-street parking and loading
facilities in rough proportion to the generalized parking, loading, and transportation demands of different
land uses. By requiring such facilities, it is the intent of this Section to help avoid the negative impacts
associated with spillover parking into adjacent neighborhoods, while at the same time avoiding the negative
environmental and urban design impacts that can result from parking lots and other vehicular use areas. The
provisions of this Section are also intended to help protect the public health, safety, and general welfare by:
A.
Helping avoid and mitigate traffic congestion;
B.
Encouraging multi-modal transportation options and enhanced pedestrian safety;
C.
Providing methods to help reduce stormwater runoff and the heat island effect of large paved parking
areas; and
D.
Providing flexible methods of responding to the transportation and access demands of various land
uses in different areas of the City.
5.6.2. Applicability.
A.
Generally. The off-street parking and loading standards of this Section shall apply to all new parking
lots and parking structures accessory to any new building constructed and to any new use established
in every district. Except when specifically exempted, the requirements of this Section shall apply to all
temporary parking lots and parking lots that are the principal use on a site.
B.
Expansions, Enlargements, and Changes in Use. The off-street parking and loading standards of this
Section shall apply when an existing structure or use is expanded or enlarged or when a building
and/or site is converted from a less parking intensive use to a more parking intensive use. Additional
off-street parking and loading spaces may be required to serve the enlarged or expanded area,
provided that in all cases the number of off-street parking and loading spaces provided for the entire
use (pre-existing plus expansion) must equal 100 percent of the minimum ratio established in this
Section and shall not exceed any maximum standards established in this Section. The change in use of a
property from a more parking intensive use to a less parking intensive use, or a change from one use to
a different use where both require equivalent parking, shall not require compliance with this Section.
C.
Regulation of Parking Space. The providers of required off-street parking spaces and the City may
reasonably control the users thereof by means that may include, but are not limited to, restricting all
parking to the users of the facility; parking lot attendants; control gates; tow-away areas; areas for
exclusive use by employees, tenants or staff; areas restricted for use by customers or visitors; and
imposing reasonable time limitations on users other than tenants, employees, or staff. City staff may
review all methods of control and may disapprove of any restriction that adversely affects the purpose
of this section. The City may enforce any approved restrictions through any of the code enforcement
provisions in Article 9, Enforcement.
5.6.3. Off-Street Parking Requirements.
A.
Schedule A. Unless otherwise expressly stated in this Development Code, off-street parking spaces
shall be provided in compliance with Table 5.6-1, Off-Street Parking Schedule A. Unless otherwise
approved, lots containing more than one activity must provide parking and loading in an amount equal
to the total of the requirements for all activities.
Table 5.6-1: Off-Street Parking Schedule A
Use Category
Use Type
Number of Spaces Required
("sf" = square feet)
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RESIDENTIAL USES
Household Living
All use types not listed
below
2/dwelling unit1
Bungalow community
- 1/studio
- 1.5/one-bedroom unit
- 2/two-bedroom unit or larger
- 1 guest space for every 5 units
Dwelling, multi-family
- 1/studio
- 1.5/one-bedroom unit
- 2/two-bedroom unit or larger
- 1 guest space for every 5 units
Middle housing
1/dwelling unit
Group Living
All use types not listed
below
1/three beds
+ 1 space per 200 sf of assembly area
Nursing home
1/four beds, based upon maximum capacity
PUBLIC/INSTITUTIONAL USES
Community Service
All use types not listed
below
1/300 sf
Cemetery
No designated spaces are required; however, all on-
site drive aisles shall be constructed to a sufficient
width to allow parallel parking on at least one side
without obstructing traffic.
Crematorium or funeral
parlor
1/150 sf of principal assembly areas
Child Care Facility
Day care, commercial
1/300 sq. ft of floor area excluding storage and
restrooms
Day care, residential
3/dwelling unit
Health Care
Facility
Hospital
1/bed + 1/350 sf of office, laboratory, or
administrative area
+ required parking for accessory uses
Medical office or clinic
1/350 sf
Telecommunication
Facility
All uses not listed below
None
Broadcasting or recording
studio (no tower)
1/1,000 sf
Transportation
Facility
Airport/heliport
1 space per 400 sf of passenger terminal area
Bus terminal
1 space per 400 sf of passenger terminal area
Utility
Battery Energy Storage
System (BESS)
For sites occupied daily by employees or contractors,
1 space per employee or contractor
For unoccupied sites, 1 space
Utility
Utility facility, major
1 space per employee plus 1 space per fleet vehicle
kept at the site, or 1 space per 350 sf of office area,
whichever is greater
Utility facility, minor
none
RECREATION, EDUCATION AND ASSEMBLY USES
Assembly
All use types not listed
below
1/100 sf of principal assembly area + 1/350 sf of
offices
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Assembly hall, public
1/100 sf of principal assembly area
+ 1/350 sf of offices
Country club, private
membership
To be calculated using ratios for golf courses,
fraternal/social clubs, and general outdoor recreation
as specified in this Development Code.
Fraternal or social club,
nonprofit
1/300 sf
Religious assembly
1/100 sf of principal assembly area + 1/300 sf of
classrooms or other meeting areas
Cultural Facility
Library
1/300 sf of public area
Museum
1/500 sf of public area
Education
Private college or
university
1/200 sf
Private elementary or
middle school
1/classroom + 1/250 sf of administrative offices
Private high school
7/classroom + 1/250 sf of administrative offices
Parks and Open Space
Arboretum or botanical
garden
1/10,000 sf outdoor lot area
Campground
1/campsite
Community playfields and
parks
Field sports (i.e. softball, baseball, soccer, football,
general purpose) — 15 spaces/field
Basketball and volleyball courts — 9 spaces/full-court,
6 spaces/half-court
Tennis and racquetball/handball courts — 3
spaces/court
Swimming pools — 1 space/60 sf of deck area
Nature preserves, not-
for-profit
See Schedule C
Recreation and
Entertainment,
Outdoor
General outdoor
recreation, commercial
Field sports (i.e. softball, baseball, soccer, football,
general purpose) — 15 spaces/field
Basketball and volleyball courts — 9 spaces/full-court,
6 spaces/half-court
Tennis and racquetball/handball courts — 3
spaces/court
Swimming pools — 1 space/60 sf of deck area
Golf course
4/tee + 1/staff + 1/500 sf of putting/chipping green
Driving range
1/hitting bay + 1/500 sf of putting/chipping green
Major entertainment
facility, outdoor
See Schedule C
Race track (auto, dog,
and horse)
See Schedule C
RV campground/ park
1/RV or campsite space
Shooting range, outdoor
2/stall + 1/500 sf of office/enclosed area
Zoo
See Schedule C
All use types not listed
below
1/400 sf
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Recreation and
Entertainment,
Indoor
Major entertainment
facility, indoor
See Schedule C
Movie theater
1/3 seats
COMMERCIAL USES
Agriculture and Ranching
All use types not listed
below
See Schedule C
Residential ranch
1/750 sf of enclosed human inhabited structure(s)
Animal Sales and
Services
All use types not listed
below
1/400 sf
Animal pet shop, retail
1/300 sf
Kennel
1/800 sf
Veterinary clinic
1/600 sf
Financial Service
Financial institution
1/350 sf
Food and Beverage
Service
Food sales, wholesale
See Schedule B
Bar, lounge, or tavern
Same as restaurant
Catering service
See Schedule B
Farmers market
1/500 sf of sales area
Nightclub
1/100 sf
Restaurant
1/100 sf(area devoted to kitchen and food preparation
are excluded)
Office
Office, business or
professional
1/350 sf
Research laboratory
1/350 sf
Personal Services
All use types
1/300 sf
Retail (Sales)
All use types not listed
below
1/300 sf
Building materials sales,
indoor retail
See Schedule B
Large format retail
1/350 sf for the first 100,000 sf + 1/500 sf in excess of
100,000 sf
Open-air market or flea
market
1/500 sf of sales area, excluding vehicular use areas
Nursery and plant sales,
wholesale
See Schedule B
Plant sales, retail
1/400 sf of sales area
Visitor
Accommodation
Bed and breakfast
1/guestroom
Hotel or motel
1/guestroom + 1/500 sf of meeting space or other
enclosed area
Resort
See Schedule C
MARIJUANA USES
Marijuana Sales and
Cultivation
Dual License Marijuana
Establishment
Medical Marijuana
Dispensary
1/300 sf
Medical Marijuana
Dispensary, Offsite
Cultivation Location
1/1,000 sf of growing area
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VEHICLE SALES AND SERVICES USES
Vehicles and Equipment
Boat, RV storage
See Schedule B
Boat, RV sales and rental
See Schedule B
Car wash
1/400 sf of sales, office or lounge area
Gasoline sales
1/400 sf of convenience store/food sales area +
1/service bay
Truck stop
1/400 sf of retail sales area + 1/service bay
Truck repair and overhaul See Schedule B
Vehicle sales and rental
1/400 sf of enclosed floor area, plus 1/10,000 sf of
outdoor display area
Vehicle service and
repair, major
See Schedule B
Vehicle service and
repair, minor
1/400 sf
Vehicle and boat storage
See Schedule B
INDUSTRIAL USES
Industrial Service
Building material sales,
outdoor or wholesale
See Schedule B
Drilling company, no
outside storage
See Schedule C
Drilling company, with
outside storage
See Schedule C
Equipment Rental Yard
See Schedule B
Equipment Rental Yard,
Heavy
General industrial service
1—3,000 sf gross floor area: 1/750 sf
3,001 — 5,000 sf gross floor area: 1/1,000 sf
5,001+ sf gross floor area: 1/1,500 sf
Resource extraction
See Schedule C
Manufacturing and
Production
Assembly, light
1—3,000 sf gross floor area: 1/750 sf
3,001 — 5,000 sf gross floor area: 1/1,000 sf
5,001+ sf gross floor area: 1/1,500 sf
Maker space
Manufacturing, heavy
Manufacturing, light
Warehouse and Freight
Movement
All warehouse uses
See Schedule B.
Warehouse and Freight
Movement
Mini-storage
1/100 units + 1/500 sf office. Aisles suitable for
temporary loading and unloading without obstructing
use of the aisle by passing vehicles may be counted, as
determined by the City Traffic Engineer.
Storage yard
See Schedule B
Wholesale establishment
1/500 sf
Waste and Salvage
All use types
See Schedule C
TEMPORARY USES
Antennas, temporary
None
Expansion or
replacement facilities,
temporary
Determined by use, above
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Office space/equipment
storage, temporary
Determined by use, above
Retail sales, temporary
1/300 sf
Sales office, temporary
1/400 sf
Yard sale, temporary
None
Model home complex
2/home + 1 ADA space
Other temporary uses
Determined by use, above
NOTES:
1. The on-street parking lane at each lot's street frontage may fulfill the requirement for one parking space, with
driveway and garage/carport meeting the additional requirement. Driveways and garage/carport entrances
from interior block alleys are preferred.
B.
Schedule B. Uses that reference Schedule B in off-street parking Schedule A shall provide the minimum
number of off-street parking spaces listed in Table 5.6-2.
TABLE 5.6-2: OFF-STREET PARKING SCHEDULE B
Activity
Number of Spaces Required
Office or Administrative Area
1 per 400 square feet
Indoor Sales Area
1 per 400 square feet
Outdoor Sales or Display Area (3,000 square feet or less)
1 per 750 square feet
1 - 3,000 square feet
1 per 750 square feet
3,001 and greater
1 per 2,000 square feet
Outdoor Sales or Display Area (over 3,000 square feet)
Motor Vehicles/Equipment Sales
1 per 2,000 square feet
Other Sales/Display
1 per 1,000 square feet
Manufacturing
1 - 3,000 square feet
1 per 400 square feet
3,001 - 5,000 square feet
1 per 500 square feet
5,001 - 10,000 square feet
1 per 750 square feet
10,001 and greater
1 per 1,250 square feet
Indoor Storage/Warehousing
1 – 20,000 square feet
1 per 1,000 square feet
20,0001 – 40,000 square feet
1 per 2,000 square feet
Remaining square feet
1 per 4,000 square feet
Vehicle Service
2.5 per 1,000 square feet
C.
Schedule C. Uses that reference "Schedule C" in off-street parking Schedule A have widely varying
parking and loading demand characteristics, making it impossible to specify a single off-street parking
or loading standard. Upon receiving a development application for a use subject to Schedule C
standards, the Zoning Administrator shall apply the off-street parking and loading standard specified
for the listed use that is deemed most similar to the proposed use or establish minimum off-street
parking requirements on the basis of a parking demand study prepared by the applicant consistent
with the requirements in subsection D, below.
D.
Parking Demand Study. A parking demand study substantiates the basis for granting a specific number
of spaces, which may vary from the space requirements listed in Schedule A or B. In order to evaluate a
proposed project's compliance with Section 5.6, the Zoning Administrator may require submittal of a
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parking demand study. Any Schedule A or B use may submit a parking demand study; the approved
study will determine the number of spaces required for the proposed project.
1.
Parking Reductions. In order to approve a parking demand study that reduces parking below
minimum requirements listed in Schedule A or B, all of the following criteria must be met:
a. The reduction in parking can be justified due to one of the following:
i.
A business employs less people per square foot than the accepted industry standard for
that use, and is able to demonstrate this variation from the mean through a statistical
comparison.
ii. Lowered parking demand can be predicted as a result of sharing parking between
intermittent uses, occurring on the same property or within a master planned
development, with non-conflicting parking demands (e.g., a nightclub and a bank).
iii. A development is designed to take advantage of adjacent public transit opportunities.
b. The reduction in parking will not cause fewer off-street parking spaces to be provided for the
proposed use than the number of such spaces necessary to accommodate all vehicles
attributable to such use under the normal and reasonably foreseeable conditions of
operation of such use.
c. The reduction in parking will not increase the demand for parking spaces on the public
streets in the immediate vicinity of the proposed use.
d. The reduction in parking will not increase the demand for parking spaces upon adjacent
private property in the immediate vicinity of the proposed use, unless as part of an approved
joint-parking agreement.
e. The applicant will incorporate measures intended to reduce vehicle trips to the site,
including, but not limited to, the provision of spaces reserved for carpool use, the provision
of weather-protected short term bike parking and the provision of showers and changing
facilities in commercial buildings over 50,000 square feet in floor area.
5.6.4. Computation of Parking and Loading Requirements.
A.
Fractions. When measurements of the number of required spaces result in a fractional number, any
fraction exceeding 0.5 shall be rounded up to the next higher whole number.
B.
Multiple Uses. Lots containing more than one use shall provide parking and loading in an amount equal
to the total of the requirements for all uses, except if shared parking is proposed consistent with the
requirements in Section 5.6.7.A.
C.
Area Measurements. Unless otherwise specified, all square footage-based parking and loading
standards shall be computed on the basis of gross floor area of the use in question. Structured parking
within a building shall not be counted in such measurement.
D.
Computation of Off-Street Parking. Required off-street loading space shall not be included as off-
street parking space in computation of required off-street parking space.
E.
Parking for Unlisted Uses. Parking requirements for uses not specifically listed in Table 5-6.1, Off-Street
Parking Schedule A shall be determined by the Zoning Administrator based on the requirements for the
closest comparable use, as well as on the particular parking demand and trip generation characteristics
of the proposed use. The Zoning Administrator may alternately require the submittal of a parking
demand study as described in Section 5.6.3.D.
5.6.5. Dedicated Spaces for Alternative Energy Vehicles and Carpooling. All multi-family (including bungalow
communities) or nonresidential development required to provide 20 or more off-street parking spaces in
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compliance with Table 5.6-1, Off-Street Parking Schedule A shall reserve a minimum of five percent of its
required parking spaces per the following:
A.
The reserved spaces shall be for the exclusive use of hybrid vehicles, alternative energy vehicles,
and/or carpool vehicles.
B.
Developer must install electric vehicle (EV) charging stations on 25 percent of spaces reserved in
accordance with subsection A. Up to 25 percent of spaces reserved in accordance with subsection A
may be for carpool vehicles. The remaining spaces shall be reserved for hybrid vehicles or shall include
EV charging stations or be EV-capable (conduit installed allowing for easy future installation of EV
chargers to meet increasing demand).
5.6.6. Off-Street Loading Requirements.
A.
Spaces Required. Multi-family residential projects exceeding 50 dwelling units must provide at least
one loading space.
B.
Design.
1.
Space Size. Off-street loading spaces, excluding maneuvering areas, must be at least 10 feet in
width and 25 feet in length unless off-street loading will involve the use of semi-tractor trailer
combinations or other vehicles in excess of 25 feet in length, in which case loading spaces must
be at least 12 feet in width and 65 feet in length (see Figure 5.6-A). A minimum vertical clearance
of 14 feet must be maintained. The Zoning Administrator may allow an equivalent amount of
loading zone or dock space to fulfill the off-street loading requirement.
Figure 5.6-A: Off-Street Loading Spaces
2.
Surfacing and Maintenance. All surfaces within a parking area including access drives and loading
areas must be paved and maintained with concrete, asphalt, or similar material of sufficient
thickness and consistency to support anticipated traffic volumes and weights.
C.
Location.
1.
Off-street loading facilities required in this Section must be located on the same lot or parcel of
land as the structure they are intended to serve. The required off-street loading space shall not
be part of the area used to satisfy the off-street parking requirements.
2.
At no time may goods be loaded or unloaded from the ROW of a collector or arterial street.
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3.
No part of any vehicle may extend into the ROW of a collector or arterial street while being
loaded or unloaded.
4.
On a site adjoining an alley, a required loading space should be accessible from the alley.
5.
A required loading space must be accessible without backing a truck across a collector or arterial
street property line unless the provision of turnaround space is infeasible.
6.
A loading space must not intrude into any portion of a required aisle or access dimension.
7.
An occupied loading space must not prevent access to a required parking space.
8.
To the maximum extent feasible, loading areas shall be located to the rear of a site and/or away
from adjacent residential areas.
D.
Setbacks and Screening. Loading areas may not be located in a required setback and must be screened
from view from the perspective of adjacent streets and adjacent residential properties.
5.6.7. Parking Alternatives. The Zoning Administrator may approve alternatives to providing the number of off-
street parking spaces required by Table 5.6-1, Off-Street Parking Schedule A in compliance with the following
standards.
A.
Shared Parking. The Zoning Administrator may approve shared parking facilities for developments or
uses with different operating hours or different peak business periods if the shared parking complies
with all of the following standards:
1.
Location. Shared parking spaces shall not be located farther than 600 feet from the primary
building entrance.
2.
Zoning Classification. All shared parking areas shall be located on a site with the same or a more
intensive zoning classification than the zoning classification for the primary use(s) served by the
shared parking area.
3.
Shared Parking Study. Those proposing to use shared parking as a means of satisfying off-street
parking requirements shall submit a shared parking analysis that clearly demonstrates the
feasibility of shared parking. The applicant shall also demonstrate that any parking reduction
requested as part of the shared parking study will not result in the spillover of parking onto other
properties.
4.
Agreement for Shared Parking. The parties involved in the joint use of off-street parking facilities
shall submit a written agreement for such joint use, approved by the Zoning Administrator . The
Zoning Administrator may impose such conditions of approval as may be necessary to ensure the
adequacy of parking in areas affected by such an agreement. The agreement shall be approved as
part of the Site Plan approval. Documentation of the agreement shall take place before issuance
of a Building Permit for any use to be served by the shared parking area. A shared parking
agreement may be revoked only if all required off-street parking spaces will be provided in
compliance with the requirements of Table 5.6-1, Off-Street Parking Schedule A.
5.
Discontinued Users of a Shared Parking Agreement. If a party or use utilizing a shared parking
agreement is discontinued, use of the property by another party or use will require a new shared
parking study to demonstrate sufficient parking.
B.
Off-Site Parking. The Zoning Administrator may approve the location of required off-site parking
spaces on a separate lot, or in the public ROW, from the lot on which the principal use is located if the
off-site parking complies with all of the following standards:
1.
Location. No off-site parking space may be located more than 600 feet from an entrance to a
principal use (measured along the shortest legal pedestrian route). Off-site parking spaces shall
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be connected to the use by acceptable pedestrian facilities, as defined in Section 5.5.4,
Pedestrian Circulation. Off-site parking spaces may not be separated from the use served by a
street ROW with a width of more than 80 feet, unless a grade-separated pedestrian walkway, a
traffic signal, a shuttle bus, or other traffic control is provided, or other traffic control or remote
parking shuttle bus service is provided.
2.
Agreement for Off-Site Parking. In the event that an off-site parking area is not under the same
ownership as the principal use served, a written agreement between the record owners shall be
required. An attested copy of the agreement between the owners of record shall be submitted to
the City for recordation in a form acceptable to the City Attorney. Recordation of the agreement
shall take place before issuance of a Building Permit or Certificate of Occupancy for any use to be
served by the off-site parking area. In the event that an off-site parking agreement is terminated,
all required off-street parking spaces shall be provided in compliance with the requirements of
this Chapter. No use shall be continued if the parking is removed unless substitute parking
facilities are provided, and the Zoning Administrator shall be notified at least 60 days prior to the
termination of a lease or agreement for off-site parking.
C.
Structured Parking.
1.
Credit for Nearby Public Structured Parking. Spaces available in nearby public parking structures
may be counted toward the total amount of required off-street parking.
2.
Height of Parking Structure. The height of a parking structure may not exceed the height of the
principal building it is intended to serve. Where no principal building exists, the maximum height
of the parking structure shall be limited to the maximum building height allowed in the zoning
district in which the structure is located.
3.
General Standards.
a.
Parking structures located along a public street or public pedestrian thoroughfare shall
provide for active uses (other than parking) at street level, such as retail storefronts.
b. Internal circulation and parking levels shall be oriented so that a horizontal, rather than
sloped, plane faces public streets (See Figure 5.6-B).
c.
Parking structures must be designed to incorporate a comparable level of architectural
detailing and quality materials as the primary building. Where no primary building exists, a
parking structure shall incorporate architectural detailing and quality materials comparable
to buildings on surrounding blocks.
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Figure 5.6-B: Parking Garage Design. A sloping approach may be used, but a horizontal plane should face public
streets.
D.
Sites in Mixed-Use Districts. In the mixed-use districts, the total requirement for off-street parking
facilities shall be the sum of the requirements for the various uses computed separately, subject to the
modifications set forth below.
1.
All nonresidential uses within mixed-use districts shall be eligible for a 15 percent parking
reduction to reflect the reduced automobile use associated with mixed-use developments.
2.
A 15 percent parking reduction for multi-family residential dwellings may be allowed if the
proposed use is located within 1,320 feet of a transit stop.
3.
The total number of parking spaces required of a use or uses in a mixed-use district may be
further reduced by the Zoning Administrator if the applicant provides a parking demand study in
accordance with Section 5.6.3.D.
E.
On-Street Parking. On streets where on-street parking is permitted by the City, outside of the
Downtown Activity Center, on-street parking spaces in the ROW along the property line, between the
lot lines of the site, may be counted to satisfy the minimum off-street parking requirements. Within the
Downtown Activity Center, on-street parking spaces and any parking spaces within City-owned public
parking lots within 600 feet of a property may be counted to satisfy the minimum off-street parking
requirements. Where such spaces are not already delineated, new developments shall provide signage,
striping, and landscape islands to delineate the designated parking area.
F.
District Parking. Minimum required off-street parking spaces may be waived or reduced for properties
within the boundaries of a public parking or local improvement district that provides district-wide
parking facilities, based on the projected parking demand to be addressed by the district-wide facility.
5.6.8. Dimensions of Parking Spaces.
A.
Parking Angle Dimensions. The parking configuration stated in the following table shall apply to all
required off-street parking.
TABLE 5.6-3: PARKING ANGLE DIMENSIONS
A
B
C
D
E
F
G
Parking
Angle
Space
Width
Parking
Row Depth
(Includes
Overhang)
Aisle
Width
1-way
Aisle
Width
2-way
Curb
Length
Overhang
Parallel
9.0
9.0
12.0
24
23.0
0
45°
9.0
20.5
12.0
24
12.7
1.4
60°
9.0
21.8
18.0
24
10.4
1.7
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90°
9.0
20.0
24.0
24
9.0
2.0
NOTES: All dimensions are to the nearest tenth of a foot. Aisles designated as fire lanes may require
additional width as determined by the City.
B.
Calculation of Parking Space Dimensions. The spatial relationships described in Table 5.6-3: Parking
Angle Dimensions, shall be calculated in the manner depicted in Figure 5.6-C:
Figure 5.6-C Spatial Relationships of Parking
5.6.9. Parking Lot Design Standards.
A.
Surface. All parking and driveway areas and primary access to parking facilities shall be surfaced with
asphalt, concrete, or other similar materials, unless otherwise approved. Pedestrian linkages shall
comply with Section 5.5.4, Pedestrian Circulation.
B.
Incentive For Use of Permeable Surfaces. The number of parking spaces required for a new
development stipulated in this Section may be reduced by no more than five percent if the vehicle
parking spaces and circulation/driveway surfaces are constructed with pervious concrete, pervious
asphalt, or similar materials such as pavers, that reduce the amount of runoff of an impervious surface,
as determined by the City Engineer.
C.
Maintenance. Parking facilities, including pavement markings, shall be continually maintained in
compliance with the approved site and/or subdivision plan and shall be free of litter and debris at all
times.
D.
Circulation Area Design. Circulation areas shall be designed to facilitate the safe movement of vehicles
without posing a danger to pedestrians or impeding the function of the parking area. Parking lots that
accommodate 10 or more vehicles must maintain continuous circulation patterns, with no dead-ends,
and safe access to public streets (see Figure 5.6-D). On properties with unique dimensional or other
constraints, the Zoning Administrator may allow dead-ends on parking lots that accommodate more
than 10 vehicles if an acceptable turnaround is provided.
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Figure 5.6-D: Example Circulation Area Design
E.
Buffering and Screening; Location of Lot.
1.
Outside Downtown, all parking areas shall be separated at least 10 feet from buildings, in order
to allow room for sidewalks, landscaping, and other plantings between the building and the
parking area. For industrial and warehouse buildings, this separation may be eliminated in areas
designed for unloading and loading of materials.
2.
Outside Downtown, to the maximum extent feasible, parking areas shall be located to the rear or
side of buildings rather than in front, in order to reduce the visual impact of the parking areas. No
more than one two-sided bay of nose-in parking should be placed between the building(s) and
the street.
F.
Parking Area Layout. Surface parking areas shall be divided into sub-areas, each accommodating no
more than 250 vehicles. Each parking sub-area shall be separated by a minimum 15-foot wide
landscaped feature, which shall include pedestrian walkways and shade features. This technique shall
be used to minimize the "sea of parking" between the building and the principal street.
G.
Parking Lot Landscaping. The perimeter and interior of parking lots shall be landscaped pursuant to the
requirements in Section 5.4.3 C, Landscaping Inside Parking Areas.
H.
Shared Access. Parking lots shall share access drives with adjacent property with similar land uses and,
when requested by the City, a cross-access easement shall be provided.
I.
Lighting and Maintenance. All parking area lighting shall comply with the City's lighting requirements
and provide adequate lighting for safety if night use is intended. Refer to Section 5.11.3.K, Parking Lot
and Pedestrian Lighting. Parking lots should provide adequate security and should limit visual clutter,
parking lot signs, and equipment.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 37-22, § 3(Att.), 12-20-
2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
5.6.10. Bicycle Parking Requirements.
A. Applicability. Bicycle parking must be provided for all new development, parks, additions of 10 percent or
more of the floor area of existing buildings, and changes in land use classification. Single-family homes,
duplexes, and multi-family dwellings of less than four units are exempt.
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B. Number of Required Bicycle Parking Spaces.
1. Short-Term Bicycle Parking. If a land use or project is anticipated to generate visitor traffic, the
project must provide permanently anchored bicycle racks within 100 feet of the visitor's entrance. To
enhance security, visibility, and functionality, bicycle racks must be located along active frontages and
be readily visible to passers-by from the street or from visitor parking areas, in a shaded or partially
shaded location. The bicycle capacity of the racks must equal an amount equivalent to five percent of
all required motorized vehicle parking. A minimum of one rack with capacity for two bicycles is
required.
C. Bicycle Racks. Required bicycle parking may be provided in floor, wall, or ceiling racks. Where required
bicycle parking is provided with racks, the racks must meet the following requirements:
1. Each short-term and long-term bicycle parking space must be a minimum of two feet in width and six
feet in length.
2. A minimum of two feet of clearance must be provided between bicycle parking spaces and adjacent
walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways.
3. The rack must be securely anchored.
4. Racks must feature a design/finish complementary to the nearest building.
D. Visibility. If required bicycle parking is not visible from the street or main building entrance, a sign must
be posted at the main building entrance indicating the location of the bicycle parking.
5.7. RESIDENTIAL BUILDING STANDARDS AND GUIDELINES
5.7.1. Purpose. The standards of this Section are intended to promote high-quality residential development and
construction; protect property values; encourage visual variety and architectural compatibility; and promote
an integrated character for Buckeye's neighborhoods. Specifically, the standards:
A.
Promote new residential developments that are distinctive, have character, and relate and connect to
established neighborhoods;
B.
Provide variety and visual interest in the exterior design of residential buildings;
C.
Enhance the residential streetscape and diminish the prominence of garages and parking areas;
D.
Enhance public safety by preventing garages from obscuring main entrances or blocking views of the
street from inside residences; and
E.
Improve the compatibility of attached and multi-family residential development with the residential
character of surrounding neighborhoods.
5.7.2. General Standards for All Residential Development.
A.
Mix of Housing Types.
1.
Purpose.
a.
To promote a more diverse community through the provision of a variety of housing types.
b.
To encourage developments that are not dominated by a single type of home or dwelling
unit, providing for a variety of price points and densities.
c.
To encourage "neighborhood-oriented" multi-family developments that incorporate a
variety of housing types, such as a combination of duplex, triplex/fourplex, live-work units,
townhomes, apartments, and single-family units in a range of sizes.
2.
Standard. Single-family residential developers of 20 acres or more shall provide a minimum
housing mix of at least three floor plans, with a minimum of three elevations per floor plan.
B.
Infill Residential Compatibility Standards.
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1.
Applicability. These residential infill compatibility standards shall apply to development of a new
residential use, or renovation of an existing residential use, either of which is not part of a
planned/phased development, on a site that is adjacent to or across a street from two or more
lots with existing structures. Manufactured homes which are located outside of manufactured
home parks or subdivisions shall comply with the design standards within this Section.
2.
Contextual Front Building Setbacks. An applicant must use a contextual front setback when the
existing front setbacks on the same block are less than that required by the underlying zoning
district (refer to Article 4, Dimensional Standards). In this case, the front setback for the proposed
development must equal the average of the existing front setbacks on the same and facing block
faces. Only lots with similar uses to that proposed may be included in the average. Vacant lots
must be included using the front setback standards of the underlying zoning district. See Figure
5.7-A below.
3.
Appearance. New development shall be constructed to be generally compatible in appearance
with other existing structures on the block that comply with this Development Code. This
provision can be satisfied by constructing the proposed building so that at least three of the
following features are substantially similar to the majority of other buildings on the same and
facing block:
a.
Roof material;
b.
Roof overhang;
c.
Exterior building material;
d.
Shape, size, and alignment of windows and doors;
e.
Front porches or porticos; or
f.
Location and style of garage/carport.
4.
Accessory Structures. Accessory structures shall be compatible with the associated principal
structure in terms of building materials and architectural style. Small accessory structures under
300 square feet in area shall not be required to utilize similar materials as the principal residence
but shall be painted to match the primary color of the residence.
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C.
Entryway Treatment.
1.
Entrances should be prominent and visible from the street or private drive and from parking
areas.
2.
The main entry of each unit shall be emphasized by the use of at least two of the following:
a.
A porch or landing;
b.
Double doors;
c.
A roofed structure such as a portico or awning;
d.
The inclusion of side-lights (glazed openings to the side of the door) and/or transom-lights
(a glazed opening above the door);
e.
A change in texture or material around the entry;
f.
Offsets or insets, bays, or similar architectural features; and/or
g.
Other architectural enhancements consistent with the proposed architectural style(s), as
determined by the Zoning Administrator.
D.
Mechanical Equipment. Mechanical equipment, such as air conditioners, pool heaters, and equipment
associated with solar energy systems, shall be located outside of any required front yard setback and
behind the front facade. Such equipment shall be placed in a side or rear yard and, where visible from a
public street, shall be screened from view with landscaping, fencing, or similar materials compatible
with the residential character of the property.
E.
Single-Family Residential Pools. Pools must be located in line with or behind the principal structure on
a single-family residential lot.
5.7.3. Standards for Single-Family Detached Residential Dwellings, Duplexes, Triplexes, and Fourplexes.
A.
Purpose. This subsection is intended to promote building design that contributes to a sense of
neighborhood and to the overall streetscape by carefully relating buildings, yards, and garages in
relation to public streets and adjacent properties. The standards support visual variety, avoid
monotony in home designs and layouts, and protect property values of both the subject property and
surrounding development.
B.
Design Standards.
1.
Orientation of Dwellings to the Street. Each residence shall have at least one primary pedestrian
doorway for access to the dwelling located on the elevation of the dwelling facing the front lot
line of the property, and clearly visible from the street or public area adjacent to the front lot
line. On corner lots, such pedestrian doorway may be located facing any adjacent street.
2.
Architectural Variety.
a.
Design Standards.
i.
No home model elevation or floor plan shall be located adjacent to or across the
street from the same home model elevation or floor plan.
ii.
All home model designs shall provide a similar level of architectural detailing on all
sides.
iii.
All home model elevations shall provide a minimum of three color schemes,
consisting of at least three colors each.
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iv.
For lots backing to collector streets, arterial streets, and parkways, home model
elevations with identical roof designs shall not be located directly adjacent to one
another.
b.
Tracking. It shall be the responsibility of the developer to disclose these architectural
variety standards to potential home buyers. Failure on the part of the developer to disclose
these requirements is not grounds for relief from these architectural variety standards as
applied to any individual home.
3.
Garages.
a.
Maximum Garage Width. The maximum width of front-facing one- or two-car garages,
including the garage door but excluding architectural elements on each side of the garage
door, shall not exceed:
i.
30 percent of the façade width on homes 60 feet or larger in width;
ii.
40 percent of the façade width on homes 45 feet in width or larger but less than 60
feet in width;
iii.
50 percent of the façade width on homes 36 feet in width or larger but less than 45
feet in width; and
iv.
60 percent of the façade width on homes less than 36 feet in width. An additional
five percent of garage width is allowed if four of the following design elements are
provided:
(1)
The garage is recessed at least three feet behind the porch and/or living
space of the home;
(2)
The garage door design and coach light design are unique to each elevation
within the residential community;
(3)
The garage door design includes windows and decorative hardware, as
appropriate to the architectural style of the home;
(4)
The garage door is recessed a minimum of 12 inches from the surrounding
façade; and/or
(5)
The driveway is comprised of decorative or enhanced paving.
(6)
In lieu of (1) through (5) above, the applicant may propose a higher level of
design through AEC as provided for in Section 5.1.4, Alternative Equivalent
Compliance (AEC).
v.
On homes that incorporate a front-facing three-car garage (excluding tandem
garages) or a front-facing RV garage, the maximum aggregate width of the garage
doors attached to the primary residence and facing the front of the lot shall not
exceed 45 percent of the overall building façade width. If the individual doors are
separated by four feet, and one of the garage doors is set back at least six feet, the
maximum aggregate width shall not exceed 51 percent of the façade width.
b.
Diversity of Garage Location. In all single-family residential zoning districts except for R1-
43, a diversity of garage styles is required. Diversity shall be achieved by providing a variety
of the following garage locations:
i.
Alley-loaded garage;
ii.
Side-loaded garage;
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iii.
Garage recessed a minimum of four feet behind the front façade of the dwelling
portion of the structure;
iv.
Garage that protrudes no more than five feet in front of the dwelling portion of the
structure, if accompanied by a porch that extends to the same plane or further;
v.
Garage that is recessed a minimum of two feet beneath a second-floor bay; and
vi.
Garage flush with the dwelling portion of the building.
c.
Three-Car Garage Orientation. The third bay of any three-car garage, except a side-loaded
garage, shall not have the same orientation as the first two bays or shall be offset by two
feet when having the same orientation.
d.
Side-Loading Garages. Side-loaded garages shall provide windows or other architectural
details that continue the features of the living portion of the dwelling on the side of the
garage facing the front street.
e.
RV Garages. The maximum number of homes that incorporate an RV garage within a
subdivision shall not exceed 45 percent. Driveways leading to an RV garage shall include a
paver driveway or stained concrete. Additionally, RV garages shall be required to continue
the architecture of the principal structure and be set back a minimum of four feet from the
front plane of any livable portion of the principal structure. If the RV garage is not setback
from the front plane of the livable portion of the principal structure, the façade shall be
articulated such that the façade is made up of at least four distinct sections, all of which
must be set back or forward of the adjacent façade by at least three feet.
4.
Alleys.
a.
If a residential unit has alley access to a garage, the front setback of the living portion of
the house (but not the garage) may be reduced by 10 feet.
b.
If a residential unit is served by an alley, no driveways in the front yard shall be permitted.
All vehicular access, including to garages, shall be from the alley.
5.
Porches. All residential units shall provide a covered rear yard patio or porch of at least 60 square
feet in size. For any residential unit with alley access to a garage, this requirement may be
satisfied with a covered patio or porch at least 60 square feet in size attached to the front of the
home.
5.7.4. Standards for Single-Family Attached Residential and Townhomes.
A.
Purpose. The purpose of these standards is to provide a distinctive architectural character in new
single-family attached residential and townhome development that avoids featureless design and
repetition of façades.
B.
Building Articulation and Architectural Variety.
1.
No more than eight units may be attached in a single row or building cluster.
2.
Buildings shall incorporate at least two distinct materials on each facade and be given
architectural and visual interest through two or more of the following methods (see Figure 5.7-
B):
a.
Providing a projection, recess, or reveal at least every 20 feet, with a minimum change of
plane of two feet;
b.
Use of distinct features, such as a balcony or similar feature, between individual units;
c.
Use of distinct variations in roof form.
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Figure 5.7-B: Examples of Building Articulation and Architectural Variety
C.
Garages.
1.
If a development includes alleys, the garages shall be accessed from the alleys, and the front
setback may be reduced by 10 feet.
2.
If the development does not include alleys, garages on the street-facing side of the building shall
occupy no more of the front façade width than as indicated in Section 5.7.3.B.3.a.
D.
Porches. All residential units shall provide a covered front or rear yard patio, porch, or balcony of at
least 60 square feet in size.
5.7.5. Standards for Bungalow Community Development.
A.
Purpose. The purpose of these standards is to ensure that bungalow community (also known as build
to rent or single family for rent) projects provide quality housing that meets the needs of current and
future residents. Bungalow communities may include attached townhouses or detached individual
buildings/cottages. A maximum of eight attached units are allowed before a minimum 20-foot space
must be provided.
1.
Units fronting (primary entrance facing) street ROW shall landscape the front setback and enter
their garage from the rear or side.
2.
A sidewalk should be provided that connects each unit and the public sidewalk.
3.
All unit designs must provide a similar level of architectural detailing on all sides. Side or rear unit
elevations that face street ROW, internal roads, and/or internal parking areas must be
architecturally designed at an equivalent level of detail as front elevations. Landscaping must be
provided between the building and the ROW.
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4.
All unit elevations must provide a minimum of three color schemes, consisting of at least three
colors each. Units that match both in elevation and color scheme must not be located adjacent to
each other. Consecutive units directly adjacent to a public ROW, within 50 feet of the ROW, shall
not feature identical roof designs. Appropriate roof design variety may include, but is not limited
to, alternating between one- and two-story units, variations in ridgelines, alternating between a
hip roof or gable roof, etc.
5.
Garages must not face the ROW. Entrance to garages must be from an internal private road,
alley, or driveway.
6.
If garage spaces are counted toward parking requirements, the garages must be restricted from
being used for storage.
7.
Access for ingress and egress to an adjacent public ROW shall be limited to two locations unless
additional access points are required by the Fire Department.
8.
Front, side, and rear perimeter setbacks must be landscaped. The setbacks are measured from
the perimeter of the project and, where adjacent to streets, may not contain walled yards
assigned to individual units/buildings.
9.
Solid waste trash collection must not block the accessible routes, including the public sidewalk
along the ROW. Trash cans shall not be visible from off-site except for trash collection days.
10.
Community open space and landscaping must be provided for and shown on the conceptual
landscape plans within the Site Plan approval. Required setbacks and walled yards assigned to
individual dwelling units cannot be included in the landscaping and open space calculations.
B. Density Bonus for Traditional Neighborhood Design.
1.
A bungalow community may be granted a density increase of up to 15 percent above the
maximum density permitted in the applicable zoning district if designed to meet all of the
following criteria:
a. At least 80 percent of all residential units located along the perimeter of the site, where the
site abuts a public street, shall be oriented such that the primary/front façade faces the
adjacent street;
b. A direct connection from the front door of the unit is provided to the adjacent public
sidewalk;
c.
No walls or fences taller than three feet are located between the public sidewalk and street-
facing front façade of any qualifying unit; and
d. Enhanced architectural detailing shall be provided on the street-facing façade.
5.7.6. Standards for Multi-Family Residential (Four or Fewer Stories).
A.
Purpose. The purpose of these standards is to improve the appearance of design and functionality of
multi-family development, not including bungalow communities, recognizing the importance of design
in the economic success of urban areas, the need to be more efficient in the use of land, and the need
to ensure the adequate protection of the surrounding area. More specifically, these standards are
intended to:
1.
Provide a distinctive architectural character in new multi-family residential developments that
avoids featureless design, large building masses, and repetition of façades within a single
development;
2.
Promote sensitive design and planning of multi-family housing units that preserves or improves
the characteristics of surrounding development;
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3.
Promote building design, placement, and orientation that contributes to a sense of neighborhood
and community; and
4.
Improve the quality of life of residents of multi-family residential dwellings.
B.
Applicability. All development or substantial renovation of multi-family residential structures shall
comply with the standards in this Section. In the case of mixed-use buildings, these standards and the
standards of Section 5.8, Commercial Site and Building Standards and Guidelines shall both apply.
C.
Building and Parking Location, Layout, and Orientation.
1.
In multi-building developments, buildings are encouraged to be arranged to enclose and frame
common areas. Common areas and courtyards should be convenient for a majority of units.
2.
When more than one multi-family structure is constructed, no multi-family structure shall be
located within 10 feet of any other multi-family structure. Buildings three stories or taller shall be
separated from one another by a minimum of 30 feet.
3.
For purposes of measurement in this subsection, projections such as decks and bay windows
shall not be counted.
D.
Building Mass and Articulation.
1.
Each façade greater than 50 feet in length, measured horizontally, shall incorporate wall plane
projections or recesses having a depth of at least three feet and a length of at least 20 feet.
Facades greater than 200 feet in length, measured horizontally, shall incorporate wall plane
projections or recesses having a depth of at least six feet and a length of at least 40 feet.
2.
The façades of all multi-family buildings shall feature at least two distinct materials and be
articulated through the incorporation of at least three or more of the following:
a.
Balconies (wrap-around balconies at building corners shall be counted as meeting two of
the required three features);
b.
Windows that recess or project at least 18 inches from the face of the adjacent wall;
c.
Porches or covered entries to individual units and/or common lobbies with a minimum
area of 50 square feet;
d.
Variations in roof forms and/or parapet height;
e.
Vertical elements that demarcate building modules;
f.
Architecturally integrated awnings over windows and doorways if not used in a repeating,
predictable pattern; and/or
g.
Changes in wall plane of six feet or more.
3.
The height of each multi-family building taller than 35 feet shall be stepped down from its
highest roofline at least one full story on any end of the building located within 50 feet of an
adjacent area zoned or used for single-family residential.
4.
Ground floor patios shall be enclosed with solid walls constructed of durable materials such as
masonry, stucco on block, or similar permanent materials. Open fencing, such as wrought iron or
perforated metal paneling, shall be restricted to use on second stories and above.
5.
Exterior stairways shall be screened from public view through architectural means that are
integrated into the overall massing and design of the building.
E.
Roof Form.
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1.
The incorporation of a variety of roof forms is strongly encouraged. Upper-level residential floors
may be incorporated into the roof form to reduce the apparent height and mass of buildings.
2.
Multi-family residential buildings shall be designed to avoid any continuous roofline longer than
50 feet. Rooflines longer than 50 feet shall include at least one vertical elevation change of at
least two feet. Rooflines longer than 100 feet shall include at least two such changes.
F.
Architectural Details, Materials, and Colors.
1.
Highly reflective materials shall not be used in areas where the location of the building will create
undue solar, reflective glare on surrounding properties.
2
In multi-building complexes, individual buildings shall incorporate architectural details, color
palettes, or building materials different from, but complementary to, the adjacent buildings.
3.
Permitted Wall Materials. The following materials are permitted for use on exterior building
walls, individual or in combination:
a.
Brick, including realistic veneers;
b.
Stone, including realistic veneers;
c.
Stained, exposed aggregate, or integrally-colored concrete masonry units (CMU), split face
or ground face;
d.
Textured tilt-up concrete panels, with or without reveals;
e.
Integrally-colored stucco;
f.
Exterior insulation and finish systems (EIFS) and fiber cement panel systems featuring
concealed fasteners and incorporating reveals (allowed as an accent only on first floors;
may be primary material on second stories and above);
g.
Clear and tinted glass;
h.
Tile (allowed as an accent only);
i.
Wood (allowed as an accent only);
j.
Architectural-grade metal panels featuring concealed fasteners and high-performance
coatings and significant articulation, texture, or patterning, intended to provide a refined,
durable finish (allowed as an accent only);
k.
Metal posts, columns, beams, or similar structural support; and/or
l.
Other materials of comparable quality, durability, and character, as determined by the
Zoning Administrator.
4.
Prohibited Materials. The following materials are prohibited:
a.
Asphalt shingles; and
b.
Poor quality veneers and other engineered materials that have an unnatural appearance
not reflective of the product they are attempting to simulate.
5.
Downspouts. Scuppers and exterior downspouts shall not be permitted on any building façade
visible from adjacent streets or properties and must be fully concealed within the wall assembly
or integrated into the architectural design of the structure, except that the Zoning Administrator
may permit exterior downspouts if the downspout is designed as a deliberate architectural
feature that is integral and true to the overall style of the building and serves a decorative
function.
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G.
Site Entrances. The prominence of entrances to a site (both vehicular and pedestrian) intended for use
by residents and visitors shall be reinforced through use of decorative pavement treatments, enhanced
landscaping featuring landscape lighting, and attractive and complementary signage.
H.
Building Entrances.
1.
Buildings located adjacent to public streets should feature at least one main pedestrian entry
facing the adjacent street connecting to the adjacent public sidewalk by a walkway with
enhanced landscaping design and shade elements.
2.
All building entrances serving more than a single unit shall be emphasized with landscaping,
special paving, arbors, or similar features, and incorporate at least two of the following:
a.
A porch or landing;
b.
A roofed structure such as a portico, awning, or marquee, architecturally integrated into
the building’s design;
c.
The inclusion of side-lights (glazed openings to the side of the door), and transom-lights
(glazed opening above the door) in the entry design; or
de.
Decorative lighting.
I.
Private Outdoor Open Space. Each unit shall be provided a minimum of 50 square feet of private
outdoor open space in the form of either a patio or balcony.
J.
Accessory Elements.
1.
Storage. A multi-family project shall provide covered, enclosed, and secure storage areas for
bicycles and other belongings, unless buildings are designed to include enclosed storage space
large enough to store a bicycle within individual dwelling units. Storage and other accessory
buildings shall be designed with materials and/or architectural elements that are related to the
principal building(s).
2.
Trash Receptacles/Dumpsters.
a.
Dumpsters, trash compactors, or similar appurtenances shall be located within walled
enclosures of sufficient height to screen the equipment within that are designed to
complement on-site buildings.
b.
Trash enclosures shall be geographically distributed throughout a site to ensure convenient
access by all residents. Any development that provides a valet service where staff, on a
regular and frequent basis, collect garbage from individual units and transport it to a
centralized dumpster or compactor, shall not be required to distribute multiple enclosures
on a site.
c.
Dumpsters shall not be allowed in developments or sites with six or fewer dwelling units;
instead, covered storage for trash receptacles shall be provided. Such covered storage shall
not be located between any building and the primary adjacent street frontage.
K.
Garages.
1.
Attached or Detached Garages. Excluding any garage architecturally integrated into the design of
the building where upper floor residential uses occur over ground floor garages, all garage entries
and carports shall not be located between a principal multi-family building and a street frontage .
Buildings with architecturally integrated garages shall be oriented so that the garage door faces
away from the adjacent street. No individual unit garage shall take vehicular access directly from
an external public street.
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2.
Size. Garage and carport structures shall be limited to eight spaces per structure to avoid a
continuous row of garages. No more than eight garage doors may appear on any multi-family
building elevation containing front doors, and the plane of each garage door shall be offset at
least two feet from the plane of the garage door adjacent to it.
3.
Design. Detached garages and carports shall be integrated in design with the principal building
architecture and shall incorporate similar and compatible forms, scale, materials, color, and
details.
4.
Parking Structures. Underground parking, structured parking, and parking within, above, or
beneath the building it serves are all strongly encouraged for multi-family developments.
5.
Landscape. Where a facade includes more than one garage door, a minimum 10 square foot
landscape island or at least one decorative pot containing a 36-inch box tree shall be provided
between individual garages. Where a landscape island or tree is not feasible, the Zoning
Administrator may approve alternative design elements intended to soften the appearance of a
façade with multiple garage doors.
5.7.7. Standards for Multi-Family Residential (More Than Five Stories). All multi-family residential buildings that
are five stories or greater in height shall comply with Section 5.7.6. Additional design measures may be
required for buildings five stories or greater in height, to be determined during a Site Plan review.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 18-17, § 6, 7-5-2017; Ord. No. 09-18, § 2(Att. § 5), 3-6-2018; Ord. No.
15-20, § 3, 9-15-2020; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
5.8. COMMERCIAL SITE AND BUILDING STANDARDS AND GUIDELINES
5.8.1. General Intent.
A.
The intent of this Section is to establish design and development standards that foster high-quality,
attractive, and sustainable development that is compatible with General Plan principles and policies.
The standards are intended to:
1.
Protect and enhance the character and quality of residential, commercial, and industrial areas in
Buckeye;
2.
Protect and enhance the long-term market value of property within Buckeye;
3.
Enhance the human and pedestrian scale of commercial and industrial developments and ensure
compatibility between residential neighborhoods and adjacent commercial and industrial uses;
4.
Mitigate negative visual impacts arising from the scale, bulk, and mass of large buildings and
centers;
5.
Promote building designs and construction practices that are sustainable and adaptable to
multiple uses for extended building lifecycles;
6.
Minimize negative impacts of on-site activities to adjacent uses; and
7.
Balance the community's economic and aesthetic concerns.
5.8.2. Site Design.
A.
Purpose. The standards and guidelines of this Section are intended to:
1.
Ensure development relates to the physical characteristics of the site;
2.
Ensure building scale, orientation, and design relates to the surrounding uses and streets, and
creates a cohesive visual identity and an attractive street scene;
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3.
Ensure site design for efficient pedestrian, bicycle, transit, and vehicular circulation patterns, and
create a high-quality pedestrian environment;
4.
Promote design environments built to human scale;
5.
Ensure delivery, trash, and loading facilities are located so as not to impede regular vehicular and
pedestrian circulation and access routes; and
6.
Ensure safe and efficient access between buildings and parking areas.
B.
Building Orientation.
1.
Primary Entrance. Buildings should be placed on a site so that the principal building entrance
faces the principal street or the street providing main access to the site. In cases where the
principal entrance does not face the principal street, the entrance to the street and adjacent
parking areas must be connected with sidewalks that meet the shading requirements of Section
5.2, Topography and Natural Features Preservation.
2.
Building Locations (Multi-Building Developments). Arrange and group buildings within
developments that have three or more buildings using one or more of the following techniques
(see Figure 5.8-A for examples):
a.
Frame the corner of an adjacent street intersection or entry point to the development; or
b.
On sites of 15 acres or more, frame and enclose a "main street" pedestrian and/or vehicle
access corridor within the development; or
c.
Frame and enclose parking areas on at least two sides; or
d.
Frame and enclose outdoor dining and/or outdoor gathering spaces between buildings.
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Figure 5.8-A: Multi-Building Development with Framed Intersection and Enclosed Parking at Main
Street and Verrado Way.
3.
Guideline. Buckeye's desert setting requires careful siting of buildings in order to mitigate the
summer heat. Buildings should be oriented and grouped to provide shading for outdoor spaces
— for example, by locating outdoor gathering spaces on the north and east sides of buildings
under shade devices such as awnings.
C.
Outdoor Gathering Spaces.
1.
Standards. Developments on sites of 10 acres or larger require a minimum of two percent of the
net site area to be an outdoor gathering place that:
a.
Is integrated as part of the overall design of the site and located in an area that maximizes
accessibility to the greatest amount of users and helps establish or improve functional
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relationships and linkages within a site or between adjacent sites. Potential locations
include near anchor tenants, near concentrations of restaurants, near transit stops (if
applicable), as a geographically centralized site feature, or as a continuation of an adjacent
natural area, trail, or riparian corridor;
b.
Incorporates decorative pavement, pedestrian scale lighting, pedestrian seating (in the
form of movable tables/chairs, benches and/or seat walls), shading over 50 percent or
more of the plaza area (in the form of shade trees or structural shade elements), and
landscaping (in the form of raised planters, pots, tree grates, and/or in-ground planters);
c.
Incorporates well-crafted art, such as murals or sculptures, or design-forward functional
art, such as benches or pots, or other features that contribute to the project’s overall
architectural character or design theme;
d.
Is directly accessible from sidewalks and pedestrian walkways; and
e.
Is maintained by the owners of the development, unless otherwise agreed to as part of the
development approval process.
2.
Guidelines.
a.
For sites smaller than 10 acres, provide outdoor gathering spaces by expanding pedestrian
walkways along the front or side of the building with awnings, arcades, trees, or other
types of shade structures and providing pedestrian seating under those shaded spaces.
b.
Provide outdoor dining areas within plazas and along the perimeter of open spaces,
building frontages, and street frontages. Outdoor dining areas should be oriented away
from off-site uses affected by noise.
3.
Credit to Open Space Standards. An outdoor gathering space required by and designed in
compliance with the requirements of this Section will be credited toward any landscape and
usable open space required for the development by this Development Code and the Parks and
Recreation Master Plan.
D.
Drive-Through Facilities.
1.
Stacking.
a.
For restaurants with drive-through facilities, a minimum of eight stacking spaces
(measuring a minimum of nine feet by 20 feet for each stacking space) must be provided,
with no less than four spaces located between the street and the order box and four spaces
located between the order box and the pick-up window. As determined by the City
Engineer, a stacking study may be required depending on the proposed end user and the
number of vehicles reasonably expected to use the drive-through facility. (See Figure 5.8-
B.)
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Figure 5.8-B: Stacking Spaces
b.
For drive-through uses other than a restaurant, drive-through facilities specified in Table
5.8-1, Schedule of Stacking Spaces, must comply with the following minimum stacking
space standards.
Table 5.8-1: Schedule of Stacking Spaces
Type
Minimum
Stacking Spaces
Measurement
Financial Institution
Teller Lane or ATM
3
From entry of drive-through to the center of teller
window or ATM
Car Wash, Automatic
4
From entry of drive-through to the bay
entrance
Car Wash, Self Service
3
From entry of drive-through to the bay entrance
Pharmacy
4
From entry of drive-through to the center of
pharmacist window
Oil Change Facility
3
From entry of drive-through to the bay entrance
All Other Uses
Determined by a stacking study
2. Stacking Study.
a. The Zoning Administrator or City Engineer may require submittal of a drive-through stacking
study signed and sealed by a professional civil engineer that substantiates the basis for
requiring a specific number of drive-through stacking spaces.
b. If required, the stacking study must, at a minimum, include the following:
i.
Description of onsite operations including:
1) Business hours of operation;
2) The method by which a customer order is placed and processed;
3) Peak demand hours;
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4) The time required to serve a typical customer; and
5) A description of how sound from external operations will be attenuated to
neighboring properties.
ii.
Description of onsite traffic activity, including:
1) Arrival rates of customers;
2) Anticipated vehicular stacking required;
3) An onsite circulation plan showing points of entry to the site, stacking locations
and distances, and anticipated patterns of onsite circulation;
4) A mitigation plan describing how backup stacking will be addressed so that
vehicles are not blocking internal drives or backing up onto roadways; and
5) An evaluation of uses within 1,200 feet of the proposed development identifying
cumulative traffic impacts and mitigation efforts to ensure that vehicles are not
blocking internal drives or backing up onto roadways.
iii.
Other information deemed necessary by the Zoning Administrator or City Engineer
to determine whether the proposal has appropriate traffic circulation and stacking.
3. Layout and Design.
a. Direct access to drive-through facilities is not permitted from primary commercial center
driveways and must be located a minimum of 60 feet from a primary commercial center
driveway.
b. Drive-through facilities, including drive-through aisles, speaker boxes, menu boards, and
drive-through windows, must be located a minimum of 25 feet from a public ROW and a
minimum of 75 feet from a residential zoning district or residential use.
c.
Each drive-through lane must have a minimum width of 12 feet and a minimum interior
turning radius of 25 feet.
d. Drive-through aisles must be clearly identified using striping, landscaping, and signage and
must be designed to:
i.
Minimize conflict between pedestrians, parking, and the building entrance.
Pedestrian walkways should not intersect the drive-through aisles, but where they
do, they shall have a minimum of 15 feet clear visibility and be emphasized with
enhanced paving. Appropriate pedestrian crossing signs must be visible from both
the vehicle drive aisle and the pedestrian walkway. Vehicles in the drive-through area
must not wait within the pedestrian crossing; and
ii.
Be integrated with the on-site circulation of the larger development.
e. Drive-through facilities must orient pick-up/teller windows away from adjacent residential
uses or adjacent arterial or collector streets.
f.
Drive-through lanes must be screened from the ROW and adjacent uses through the
incorporation of a landscaped berm with continuous, dense landscaping with year-round
foliage at least four feet in height to screen the vehicles in the queue. In cases where a berm
may not be feasible because of space constraints, a decorative screen wall may be used in
connection with landscaping.
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g. Drive-through facilities must incorporate an attached canopy over payment and pickup
windows or teller/ATM stations. The canopy must not exceed the height of the adjacent
building. All lighting fixtures in the canopy area must be fully recessed.
h. The architecture of drive-throughs, including required canopies, must reflect the architecture
of the principal building.
i.
Menu Boards.
i.
Maximum of two menu boards per drive-through lane;
ii.
Must be placed within 10 feet of any drive-through lane;
iii.
Must be placed at least 30 feet from any ROW;
iv.
Maximum allowable menu board height is seven feet; and
v.
Maximum allowable menu board area is 45 square feet.
E.
Refuse Service. All commercial or industrial development shall provide one or more sites for solid waste
collection. Such sites shall be:
1.
Located so as to facilitate collection and minimize any negative impact on persons occupying the
development site, neighboring properties, or public ROW, including visual impact;
2.
Constructed according to specifications established by the Public Works Director to allow for
collection without damage to the development site or collection vehicle;
3.
Designed so that any enclosure complements the architecture of buildings on the site, utilizing a
mix of the same materials and colors used on the primary buildings, and incorporates a solid,
opaque gate; and
4.
If possible, enclosures should be located and sized to be shared by multiple users.
5.8.3. Building Design.
A.
Purpose. The standards and guidelines of this Section are intended to:
1.
Ensure that multi-building or phased commercial developments use compatible schemes of
materials, colors, and architectural vocabulary to ensure consistency;
2.
Ensure building materials are durable and have low maintenance requirements in the desert
environment;
3.
Ensure buildings are designed to a human scale;
4.
Ensure design that is sensitive to the desert climate;
5.
Encourage sustainable development by limiting the amount of resources necessary to construct
and operate buildings and by designing buildings to be adaptable for multiple uses;
6.
Require buildings that are designed with a standardized corporate architectural style to meet a
higher level of building design, thereby ensuring they are complementary to, and support the
character of, the surrounding area; and
7.
Ensure architectural compatibility in keeping with Buckeye's heritage.
B.
Architectural Character.
1.
Standards.
a.
Four-Sided Design. Any building elevation visible to the general public, including from
parking areas, ROW, and surrounding properties, must incorporate architectural detailing
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on all sides of a building consistent with the level of design and architectural detail on the
front façade. Blank walls void of architectural details or other variation are prohibited on
publicly visible building elevations.
b.
Exterior Trademarked Design Features. For each building with exterior trademarked
architectural design features located 12 feet or more above finished grade, including
trademarked roof and parapet design features, but excluding signs, a higher level of
building design must be incorporated by meeting the following additional requirements:
i.
Section 5.8.3.D.1.a, Horizontal Articulation: meet four or more of the listed
standards; and
ii.
Section 5.8.3.E.1.a, Primary Building Entrance: meet four or more of the listed
standards.
2.
Guideline: Theming. Organize the architectural design of buildings within a commercial center,
including freestanding pad buildings, around a consistent architectural theme. Precise replication
is not required or desirable. Instead, use complementary materials, textures, and colors, along
with repeating patterns and compatible proportions and scale, to reinforce the connections
between the various buildings.
C.
Response to the Sonoran Desert Environment.
1.
Standards.
a.
Shaded sidewalks must be provided along at least 50 percent of all building façades
adjacent to or facing streets, outdoor gathering spaces, or parking areas. See Figure 5.8-C.
b.
A shaded sidewalk must include at least one of the following design standards:
i.
A sidewalk at least 10 feet wide made of pervious concrete with shade trees at 30-
foot intervals or of standard concrete with the trees planted in grates at the same
distance;
ii.
A five-foot sidewalk adjacent to a landscape strip at least 10 feet wide planted with
shade trees at 30-foot intervals; or
iii.
A sidewalk at least six feet wide covered with weather-protection materials (such as
awnings, an arcade, trellis, or other structure).
c.
Shaded sidewalks shall constitute a minimum of 30 percent of the sidewalks within the site.
d.
Buildings must be oriented to minimize direct solar exposure on primary building façade
and areas of high pedestrian activity, where feasible.
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Figure 5.8-C: Examples of Shaded Sidewalks
2.
Guidelines.
a.
Sustainable Design. To the maximum extent practicable, new buildings are encouraged to
incorporate one or more of the following features:
i.
Opportunities for the integration of renewable power in the design of buildings or
sites;
ii.
Energy-efficient materials, including recycled materials that meet the standards of
Section 5.8.3.F, Architectural Details, Materials, and Colors, in the building design;
iii.
A sustainable roof; and/or
iv.
Generally accepted sustainable design features and practices.
D.
Building Mass.
1.
Standards.
a.
Horizontal Articulation. Design buildings to reduce apparent mass by dividing façades into
a series of smaller components (See Figure 5.8-D.). No individual component shall have a
length of more than 60 feet. Distinguish components from one another through two or
more of the following:
i.
Variations in roof form or variations in roof height of two feet or more;
ii.
Changes in wall plane of two feet or more;
iii.
Variations in the arrangement and recessing of windows;
iv.
Recognizable changes in texture, material, or surface colors;
v.
Engaged columns that project from the face of the wall by two feet or more; or
vi.
Minimum two-foot parapet return.
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Figure 5.8-D: Examples of Horizontal Articulation
b.
Vertical Articulation. Design multi-story buildings to reduce apparent mass by including a
clearly identifiable base, body, and top, with horizontal elements separating these
components. The component described as the body must constitute a minimum of 50
percent of the total building height. See Figure 5.8-E.
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Figure 5.8-E: Example of Vertical Articulation
2.
Guidelines. Incorporate other techniques to further divide large building façades, including:
a.
In large stores, 50,000 square feet or greater, that contain separate internal functions (e.g.,
coffee shop, deli, florist), for each internal function, provide a minor storefront with a
separate entrance.
b.
Provide multiple entrances for large uses (e.g., groceries, department stores, warehouse
stores).
E.
Design for Pedestrians.
1.
Standards.
a.
Primary Building Entrance. Design visually prominent primary building entrances that
provide shade for pedestrians. Unless otherwise provided in this Article, use a combination
of two or more of the following techniques:
i.
Projecting or recessed entry, including a canopy, portico, archway, arcade, or
similar projection that provides architectural interest and protection for
pedestrians;
ii.
Prominent tower, dome, or spire;
iii.
Peaked roof (where contextually appropriate);
iv.
Outdoor features, such as seat walls, landscaping with seasonal color, or permanent
landscape planters with integrated benches; or
v.
Other comparable techniques.
b.
Transparency.
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i.
For all commercial buildings with 70,000 square feet or more of gross floor area, at
least 15 percent of the façade facing the principal street or an internal driveway in a
parking area shall consist of transparent or non-transparent glazing. For all other
commercial buildings, at least 30 percent of the façade facing the principal street or
driveway in a parking area shall consist of transparent or non-transparent glazing.
ii.
Glazing required in this Section should be concentrated in areas of high pedestrian
activity and, to maximize energy efficiency, should be used in conjunction with the
shade features required and encouraged by Section 5.8.3.C, Response to the
Sonoran Desert Environment, including awnings, shaded sidewalks, deeply recessed
windows, and covered porches or arcades.
iii.
Except as otherwise permitted in this Section and in Section 5.12, Signs, transparent
glazing must be maintained without interior or exterior obstructions that
substantially limit visibility, including, but not limited to, window signs, interior
shelving, or window coverings (except window blinds) during hours of business
operation. This Section shall not apply to signage, shelving, displays, or the like, set
back at least three feet from the glazing surface.
c.
Pedestrian Amenities. Ground-floor façades that face public streets or other public areas
(e.g., outdoor gathering spaces, parks or open space, parking areas) shall incorporate
pedestrian-oriented design features along no less than 60 percent of their horizontal
length. Pedestrian-oriented design features may include arcades, display windows,
entryways, awnings, or other features. Shaded sidewalks required by Section 5.8.3.C,
Response to the Sonoran Desert Environment, that are part of the building design may also
be credited toward this standard.
F.
Architectural Details, Materials, and Colors.
1.
Standards.
a.
Permitted Wall Materials. The following materials are permitted for use on exterior
building walls, individually or in combination:
i.
Brick, including realistic veneers;
ii.
Stone, including realistic veneers;
iii.
Stained, exposed aggregate, or integrally-colored concrete masonry units (CMU),
split face or ground face;
iv.
Textured tilt-up concrete panels, with or without reveals;
v.
Integrally-colored stucco;
vi.
Exterior insulation and finish systems (EIFS) and fiber cement panel systems
featuring concealed fasteners and incorporating reveals (allowed as an accent only
on first floors; may be primary material on second stories and above);
vii.
Clear and tinted glass;
viii.
Tile (allowed as an accent only);
ix.
Wood (allowed as an accent only);
x.
Architectural-grade metal panels featuring concealed fasteners and high-
performance coatings and significant articulation, texture, or patterning, intended
to provide a refined, durable finish (allowed as an accent only);
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xi.
Metal posts, columns, beams, or similar structural support; and/or
xii.
Other materials of comparable quality, durability, and character, as determined by
the Zoning Administrator.
b.
Accent Wall Materials. A minimum of 10 percent and a maximum of 25 percent of the
exterior building wall facing the principal street (not including windows and doorways) shall
consist of an accent material from the list in subsection (a) that is different than the
remainder of the building façade material.
c.
Prohibited Wall Materials. The following materials are prohibited:
i.
Un-textured tilt-up concrete panels;
ii.
Prefabricated metal panels, excluding architectural grade metal panel systems
described above; and/or
iii.
Mirrored surfaces or any treatments which change ordinary glass into a mirrored or
highly reflective surface.
d.
Downspouts. Scuppers and exterior downspouts shall not be permitted on any building
façade visible from adjacent streets or properties and must be fully concealed within the
wall assembly or integrated into the architectural design of the structure, except that the
Zoning Administrator may permit exterior downspouts if the downspout is designed as a
deliberate architectural feature that is integral and true to the overall style of the building
and serves a decorative function.
e.
Roof Materials. Flat roofs, standing seam metal roofs, and concrete and clay tile roofs are
permitted, though peaked roofs should be avoided in areas where a contemporary
aesthetic is prevalent. Asphalt shingle roofs are not permitted.
f.
Exterior Building and Roof Colors. Select materials and colors that are abundant in the
Sonoran Desert environment.
i.
Reflective building materials (other than windows) and roofing materials, including
materials with high gloss finishes and bright, untarnished copper, aluminum,
galvanized steel, or other metallic surfaces, must be textured or have a matte or
non-reflective surface treatment to reduce the reflection of sunlight.
ii.
Materials used for exterior surfaces of all structures must blend in color, hue, and
tone with the surrounding natural desert setting to avoid high contrast.
iii.
Excluding shades of white, bright colors (LRV greater than 70) and contrasting colors
are appropriate only for accents, such as on doors, limited trim, and window
mullions. Florescent colors are prohibited, even for use as an accent.
iv.
The surface materials of walls, retaining walls, or fences must be similar to and
compatible with those of the adjacent main buildings.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-2022)
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5.9.
LARGE FORMAT RETAIL STANDARDS
5.9.1. Purpose. The purpose of these standards is to ensure that large format retail development, sometimes
called “big box retail,” enhances the economic viability and aesthetic value of commercial properties in
the City, is compatible with surrounding areas, integrates into the natural and built environment, and
contributes to the unique character of the City.
5.9.2. Applicability. The development and design standards in this Section apply to all new retail establishments
with single tenant space of 50,000 gross square feet or greater. Existing large retail establishments that
are 50,000 gross square feet or greater must comply with these standards if proposed renovations or
improvements exceed 15 percent of the gross floor area. These design standards supplement the
applicable standards in Article 5, including, but not limited to, Section 5.8, Commercial Site and Building
Standards and Guidelines.
5.9.3. Building Design.
A. Aesthetic Character.
1.
Roofs. Roofs must have no less than two of the following features:
a.
Overhanging eaves, extending no less than five feet past the supporting walls;
b. Where stylistically consistent with development in the immediate area, sloping roofs that do
not exceed the average height of the supporting walls, with an average slope greater than or
equal to one foot of vertical rise for every three feet of horizontal run and less than or equal
to one foot of vertical rise for every one foot of horizontal run;
c.
Where stylistically consistent with development in the immediate area, three or more roof
slope planes; and/or
d. A specific architectural element proposed by the applicant’s architect that is acceptable to
the Zoning Administrator.
B. Building Entrances. Large format retail buildings must feature a minimum of two customer entrances
that are clearly defined and directly accessible from public sidewalks via onsite pedestrian walkways
that feature no less than two of the following elements:
1.
Canopies or porticos;
2.
Overhangs;
3.
Recesses/projections;
4.
Arcades or galleries;
5.
Raised corniced parapets over the door;
6.
Peaked roof forms, where contextually appropriate;
7.
Arches, where contextually appropriate.
8.
Outdoor patios;
9.
Architectural details, such as tile work and moldings, which are integrated into the building
structure and design;
10. Integral planters or wing walls that incorporate landscaped areas and/or places for sitting; and/or
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11. A specific architectural element proposed by the applicant’s architect that is acceptable to the
Zoning Administrator.
C. Façade Design.
1.
Building facades must include:
a. Noticeable material changes impacting at least 70 percent of a vertical wall section when
compared to a directly adjacent section for a minimum width of 30 feet, provided at the
ratio of one such wall section for every 150 linear feet of façade length; and
b. Roof height variation of three feet or more at a minimum interval of every 100 feet.
Variations should be provided in an asymmetrical fashion and not repeated at a regular
interval.
2. Front- and street-facing façades of buildings, including any rear façade facing a street or freeway,
must include a minimum of three of the following features:
a. Fully shielded decorative style lighting consistent with the architectural style of the building;
b. Roof style changes (e.g., flat to hip, or flat to shed) that match building materials, wall plane
changes (i.e., articulation), or separately defined storefronts, where stylistically and
contextually appropriate;
c.
Corner accents, such as a tower at least eight feet taller in height compared to other roof
surfaces;
d. Angled or recessed door entries;
e. Awnings;
f.
Columns, posts, or other features to define separate storefronts;
g. Structural entryway accents; and/or
h. Where a building has a double frontage, each street-facing side must be treated as a primary
building frontage.
3. Side and rear facades must incorporate at least one of the features in subsection C.2 above.
5.9.4. Enhanced Landscaping. Foundation landscaping shall be increased by 25 percent over standard commercial
requirements to provide appropriate softening of the building’s mass.
5.10. INDUSTRIAL SITE AND BUILDING STANDARDS AND GUIDELINES
5.10.1. General Intent. The purpose of this Section is to establish design standards appropriate for industrial uses
that are compatible with General Plan goals and policies, while promoting economic development,
protecting adjacent uses, and fostering a positive image for the community.
5.10.2. Site Design Standards.
A.
Purpose. The standards in this Section are intended to:
1.
Ensure development relates to the physical characteristics of the site and surrounding uses and
streets;
2.
Ensure site design for efficient vehicular and truck circulation patterns;
3.
Ensure delivery, trash, and loading facilities are located so as not to impede regular vehicular and
pedestrian circulation and access routes;
4.
Ensure safe and efficient access between buildings and parking areas; and
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5.
Ensure any visual pollution, noise, light, and/or similar impacts on nearby residential uses are
minimized.
B.
Site Design Standards.
1.
General Site Design.
a.
Site elements such as buildings, parking areas, driveways, sidewalks, and outdoor
recreational spaces must be arranged to emphasize the aesthetically pleasing components of
the site (e.g., landscaping and the superior architectural design of office building elements)
and to screen less attractive elements (e.g., service facilities, loading docks, outdoor storage,
equipment areas, and refuse enclosures) through the proper placement and design of
buildings, screen walls, and landscaping.
b. Dock doors and/or storage areas should not be located adjacent to any ROW or
freeway/highway. After every effort has been made to locate dock doors and/or storage
areas away from ROW and/or freeways/highways, and it is found not to be feasible, those
dock doors and/or storage areas shall include an eight-foot high masonry wall along the
entire adjacent ROW side, located at the back of the required landscape setback, designed
with material and articulation consistent with Section 5.4.6, Fences, Walls, and Screening,
along with trees planted 25 feet on-center, located on the outside of the wall, utilizing a
variety of trees that will further screen the storage area strategically based on line-of-site
from the adjacent ROW. The wall may be required to return a certain distance on one or
both sides depending on the analysis of the site line details.
c.
All refuse, storage, and equipment areas placed outside of a building must be screened from
adjacent public ROW and uses.
d. Items or materials stored outside (e.g., stacks, pallets, or piles of materials) shall not be
stored such that they extend above the height of the adjacent screen wall unless it can be
demonstrated that the storage is not visible from adjacent ROW or properties.
2.
Parking Location and Design.
a.
Surface parking must be located to the side or to the rear of principal buildings to the
greatest extent feasible unless cross-docks are an integral part of the operations of the
building, in which case surface parking areas may be placed adjacent to a street.
b. Surface parking stalls for employees and guests are encouraged to incorporate shade
structures that are capable of supporting solar/photovoltaic array systems with a minimum
clearance height of 12 feet. Shade structures must not encroach into the required access
lanes.
c.
Applicable tree and landscaping standards are not required in the sections of the parking
areas where solar array systems are placed.
3.
Open Space.
a.
An outdoor seating/break area(s) is required for every proposed building. The seating/break
area(s) must be appropriately and proportionately sized based upon the number of
employees anticipated within the building.
b. Outdoor seating areas must include shade and wind protection using landscaping or
screening structures. If located where visible from adjacent ROW, the shade structure design
shall incorporate colors, materials, and forms that complement the primary building(s).
c.
Outdoor seating areas must be easily accessed from the lobby or interior break rooms, if
provided, or placed at the corner(s) of the building.
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4.
Landscaping, Screening, and Street Trees.
a.
All new industrial developments must adhere to the standards in Section 5.4 in addition to
the standards provided below. In the event of a conflict, the provisions of this Section shall
apply. Landscaping must be provided along the public streets and sidewalks to define the
street edge, buffer pedestrians from vehicles, and provide shade over the sidewalk.
b. Walls and fences used to provide screening of loading facilities, outdoor trash receptacles,
utility equipment, etc. must be solid and designed with materials and finishes that are
consistent with and complementary to the design of the primary buildings.
c.
All new trees planted for screening purposes must be planted a minimum of 30 feet on-
center the full length of the area requiring screening, except as interrupted by driveways
into the site. At least 80 percent of trees provided for screening purposes must be evergreen
species to ensure year-round effectiveness. Landscape materials as required in compliance
with Section 5.4 may complement the requirements for screening, but landscaping without a
screen wall or fence does not meet the minimum screening requirement of this Section.
d. Fences used for security purposes may consist of wrought iron, tubular steel, or similar
material. The use of chain-link is prohibited except where not visible from adjacent ROW or
adjacent residentially zoned or developed properties.
e. Except where required for screening or buffering from adjacent properties or streets,
landscaping is not required within walled or fenced areas of a site not accessible to the
general public, such as walled loading yards associated with cross-dock warehouses, walled
electrical substations, and the like, or parallel to railroad ROW.
f.
Where not required for screening, trees must be selected and planted to provide shade for
walkways, outdoor seating areas, parking areas etc. and for their ability for filtering
particulate matter and other pollutants from the air.
5.
Rail Service. The design of any rail crossings and any spur construction must be approved by the
rail service provider. The following additional criteria should apply unless modified by the rail
service provider:
a. Road crossings at grade must be avoided wherever possible.
b. Spur track is not permitted along any frontage between a building and a public ROW and
must be confined to the side or rear yard area of the building that the rail spur serves.
c. Rail loading areas must be screened from view from the public ROW by both landscaping
with trees and a wall that matches the architecture, materials, and colors of the building that
the rail spur serves.
d. Spur tracks must not encroach onto/across any required parking stalls. Spur tracks must not
encroach across drive aisles for automobile/heavy truck and/or emergency vehicle access
except when it is necessary to connect the main rail line with the rail loading area.
e.
Lot divisions and building layouts for properties which adjoin existing or proposed lead and
spur lines must be done in a manner to ensure full potential of future rail access and use and
should not preclude rail access to other properties adjacent to such rail lines. Subdivisions
which could reduce a property's ability to accommodate potential rail served developments
may not be authorized.
f.
Speculative building design must include rail service features and/or related easements to
ensure the potential use of available spur lines.
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g.
Finished floor elevations and dock height door must be provided in all properties abutting
rail lines.
h. The above-referenced rail service development standards may be amended or deleted on a
site-by-site basis during Site Plan Review. The following must be established in order to
authorize any modification of a rail service standard:
i.
The installation of a lead or spur track cannot be accomplished due to physical
constraints on or adjacent to the development site; and
ii.
Other existing or potential rail service properties will not be negatively affected in their
ability to accommodate rail service activity as a result of modifications to the standards.
5.10.3. Building Design Standards.
A.
Purpose. The purpose of these building design standards is to:
1.
Ensure that multi-building or phased industrial developments use compatible schemes of
materials, colors, and architectural vocabulary to ensure consistency throughout the
development;
2.
Ensure building materials are durable and have low maintenance requirements in the desert
environment;
3.
Ensure design that is sensitive to the desert climate; and
4.
Encourage sustainable development by limiting the amount of resources necessary to construct
and operate buildings and by designing buildings to be adaptable for multiple uses.
B.
Building Orientation and Placement.
1.
Buildings must be articulated and incorporate transparent elements along any side visible from a
street or parking area accessible by the general public.
2.
Where feasible, equipment, electrical, and service rooms must be placed inside the building.
Where this is not feasible for practical or operational reasons, the equipment must be screened
to minimize its visibility from the public ROW or placed on the site where it is less visible from
the ROW. Storage tanks and/or other exterior equipment that by virtue of its height may not be
able to be fully screened must be painted with muted, matte, or low-sheen finishes in neutral
desert tones.
C.
Architectural Character.
1.
Building Façade Articulation.
a.
Primary building entries must be readily identifiable, well-defined using projections,
recesses, columns, roof structures, or other design elements, and provide shade for
pedestrians. Two or more of the following techniques are required:
i.
Projecting or recessed entry, including a canopy, portico, archway, arcade, or similar
projection that provides architectural interest and protection for pedestrians;
ii.
Prominent tower, dome, or spire;
iii. Peaked roof (where contextually appropriate);
iv. Outdoor features, such as seat walls, landscaping with seasonal color, or permanent
landscape planters with integrated benches; and/or
v.
Other comparable techniques.
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b. All industrial buildings or campuses shall incorporate an architectural element that
approximates the look of an office. When located at the intersection of two public streets,
the element shall be located at the corner of a building nearest the intersection or centered
on the elevation facing the street. Developments located mid-block shall have discretion on
which (or both) corners feature the element, or the element may be centered on the
elevation facing the street. The element shall have a prominent, vertical form (e.g. a tower)
that extends above the roofline by at least three feet, but no more than 15 feet above the
height of adjacent wall sections, incorporate significant glazing, and extend at least 15
percent of the length of the elevation facing the street. In addition, raised parapets with
enhanced decorative treatment such as cornices or crenellations are permitted not to
exceed eight feet above the maximum allowable height of the building.
c.
All elevations of a building's façade must include modulation and articulation of the wall
plane and roof line, proportionate to the height and length of the building, and no less than
three feet. Exceptions to this requirement are the wall planes at the dock areas and any
elevation not visible from adjacent ROW or neighboring properties.
d. All elevations of a building's facade visible from adjacent ROW or neighboring properties
must have vertical or horizontal variations in color, texture, material, and ornamentation.
e.
No individual building component may exceed 100 feet in length. Individual components
must be distinguished from one another through application of two or more of the design
elements established in Section 5.8.3.D.1.a.
f.
Shade elements such as canopies, awnings, arcades, and overhangs must be provided over
all ground level windows, at all pedestrian entry points, and along the front elevation, any
street-facing elevation, and office portions of the building.
g. Scuppers and exterior downspouts shall not be permitted on any building façade visible from
adjacent streets or properties and must be fully concealed within the wall assembly or
integrated into the architectural design of the structure, except that the Zoning
Administrator may permit exterior downspouts if the downspout is designed as a deliberate
architectural feature that is integral and true to the overall style of the building and serves a
decorative function.
2.
Door and Window Openings.
a.
For office portions of principal buildings, window and door openings must comprise at least
60 percent of the total area of exterior walls facing a public street.
b. These windows must be clear or translucent to improve visibility, add visual interest, and
allow light into interior spaces.
c. Industrial building façades facing public streets shall incorporate windows or other
transparent glazing above a minimum height of eight feet from finished floor elevation. Such
glazing shall be designed to provide natural light into the building while maintaining privacy
for interior operations. A minimum of 10 percent of the façade area above eight feet shall
consist of transparent or translucent glazing. Glazing may be provided in the form of
clerestory windows, ribbon windows, or other architecturally integrated features. Glazing
shall be incorporated into articulated façade elements such as recesses, projections, banded
material, or color changes, or other architectural features that provide depth and visual
interest to the building elevation. Clerestory windows shall not appear as isolated or
unsupported elements on blank walls.
D.
Architectural Details, Materials, and Colors.
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1.
Standards.
a.
Permitted Wall Materials. The following materials are permitted for use on exterior building
walls, individually or in combination:
i.
Brick, including realistic veneers;
ii.
Stone, including realistic veneers;
iii. Stained, exposed aggregate, or integrally-colored concrete masonry units (CMU), split
face or ground face;
iv. Textured tilt-up concrete panels, with or without reveals;
v.
Integrally-colored stucco;
vi. Exterior insulation and finish systems (EIFS) and fiber cement panel systems featuring
concealed fasteners and incorporating reveals;
vii. Clear and tinted glass;
viii. Tile (allowed as an accent only);
ix. Wood (allowed as an accent only);
x.
Architectural-grade metal panels featuring concealed fasteners and high-performance
coatings and significant articulation, texture, or patterning, intended to provide a
refined, durable finish;
xi. Metal posts, columns, beams, or similar structural support; and/or
xii. Other materials of comparable quality, durability, and character, as determined by the
Zoning Administrator.
b. Accent Wall Materials. A minimum of 10 percent and a maximum of 25 percent of any
exterior building wall facing a principal street (not including windows and doorways) shall
consist of an accent material from the list in subsection (a) that is different than the
remainder of the building façade material. Concrete tilt panel buildings may satisfy this
requirement through provision of concrete formliners that provide a texture distinct from
the bulk of the smooth panel.
c.
Prohibited Wall Materials. The following materials are prohibited:
i.
Prefabricated metal panels, excluding architectural grade metal panel systems described
above, and any pre-manufactured metal building kits;
ii.
Poor quality veneers and other engineered materials that have an unnatural appearance
not reflective of the product they are attempting to simulate; and
iii. Mirrored surfaces or any treatments which change ordinary glass into a mirrored or
highly reflective surface.
d. Roof Materials. All roofs shall be flat (or appear flat), incorporating a parapet(s) of sufficient
height to screen the roof deck surface from all property lines.
e.
Exterior Building and Roof Colors. Select materials and colors that are abundant in the
Sonoran Desert environment.
i.
Reflective building materials (other than windows) and roofing materials, including
materials with high gloss finishes and bright, untarnished copper, aluminum, galvanized
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steel or other metallic surfaces, must be textured or have a matte or non-reflective
surface treatment to reduce the reflection of sunlight.
ii.
Materials used for exterior surfaces of all structures must blend in color, hue, and tone
with the surrounding natural desert setting to avoid high contrast.
iii. Excluding shades of white, bright colors (LRV greater than 70) and contrasting colors are
appropriate only for accents, such as on doors, limited trim, and window mullions.
Florescent colors are prohibited, even for use as an accent.
iv. The surface materials of walls, retaining walls or fences must be similar to and
compatible with those of the adjacent main buildings.
E.
Exterior Lighting. Building and landscape accent up-lighting must be incorporated into the lighting plan
for the development site with a focus along the front and office portions of the building.
5.11. EXTERIOR LIGHTING
5.11.1. Purpose. The purpose of this Section is to help assure that dark skies remain a resource to be enjoyed by
the community, encourage effective lighting practices to ensure that lighting systems are designed to
minimize light pollution and light trespass across property lines, reduce energy usage and related costs,
minimize the potential disruption to nocturnal ecosystems, allow the installation of safe and efficient
outdoor lighting, implement the General Plan, and further the public health, safety, and general welfare.
5.11.2. Applicability.
A.
Existing Development. Any new outdoor lighting installed on a building or parcel must meet the
requirements of this Section for shielding and lamp type.
B.
New Development. The requirements of this Section apply to all new and major additions to land uses,
developments, subdivisions, buildings, or structures.
C.
Conformance with Applicable Codes. All outdoor lighting fixtures must be installed and maintained in
conformance with the provisions of this Section and applicable Building Codes. Lighting for public and
private streets shall comply with Chapter 7 of the Engineering Design Standards.
D.
Conformance after Abandonment. In the event that an outdoor lighting fixture is abandoned, the
replacement fixture must comply with the provisions of this Section.
5.11.3. General Lighting Standards.
A.
Conformance with State and Local Requirements. All lighting shall be designed to conform to the
standards of the state "dark skies" requirements established in A.R.S. § 49-1101 et seq., and the
requirements set forth in this Section. In areas identified as Environmentally Sensitive Land (ESL),
reduced lighting standards may be required in compliance with Chapter 7 of the Engineering Design
Standards.
B.
Lighting Classes.
1.
Class 1 Lighting is permitted where accurate color rendition is required to preserve the
effectiveness of an activity listed below. Uses not included in the list below require an
interpretation by the Zoning Administrator of the essential nature of accurate color rendition to
preserve the effectiveness of the activity.
a. Recognized Class 1 Lighting applications include:
i.
Outdoor sales areas, including service station canopies;
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ii. Primary customer building entry/exit areas (does not include service or emergency
entry/exits);
iii. Outdoor seating areas at restaurants;
iv. Outdoor areas where assembly, repair, or similar work of an industrial nature occurs at
night on a regularly scheduled basis;
v. Outdoor recreational field/track/arena areas; and
vi. External and internal lighting for signs, excluding neon.
2.
Class 2 Lighting is used for general illumination for utility, safety, or security purposes. Examples
of Class 2 Lighting include:
a.
Pedestrian walkways, driveways, and roadways;
b. Parking lots;
c.
Equipment yards; and
d. Outdoor security.
3.
Class 3 Lighting is used for decorative purposes. Decorative lighting that changes colors is only
permitted to change color every two minutes. Examples of Class 3 Lighting include:
a.
Architectural illumination, including uplighting not to go beyond top of roofline;
b. Flag and monument lighting;
c.
Neon incorporated on signs; and
d. Landscape lighting.
C.
Lamp Source and Shielding Standards.
The standards provided in Table 5.11-1, Lamp Type and Shielding Standards apply:
Table 5.11-1: Lamp Type and Shielding Standards
Lamp Type and Lighting Class
Required Shielding
Nonresidential 1
Class 1 Lighting (Color Rendition):
All lamp types and outputs
FS
Class 2 Lighting (General Illumination):
All lamp types and outputs
FS
Class 3 Lighting (Decorative): 2
All lamp types 2500 lm or above per
fixture
X
All lamp types below 2500 lm
FS
Residential 1
All Lighting Classes
All lamp types 1000 lm or above per
fixture
FS 3
Key:
FS = Allowed; only fully shielded fixtures permitted X = Prohibited
Lm = lumens
End Notes:
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1 For the purposes of this subsection, residential refers to property developed
primarily for single-family residential purposes. Nonresidential uses include all other
uses including multi-family residential.
2 Uplighting for landscaping, building façades more than 100 feet from a residential
use, and other features such as public art, may be uplighted with LED light sources
not to exceed 80 lumens. Direct light emissions from uplighting must not be visible
above the building’s roof line.
3 A “Partially Shielded” fixture may be allowed, subject to approval by the Zoning
Administrator.
D.
Effective Shielding. All light fixtures that are required to be fully shielded must be installed in a
manner that satisfies the definition of a fully shielded fixture (i.e. directed downward).
E.
Light Trespass Standard.
1.
All light fixtures must be located, aimed, and shielded so that the direct illumination from the
fixture is confined to the property boundaries of the source.
2.
Unless otherwise provided in this Section, exterior lighting must not add more than one
footcandle to illumination levels at any point off-site.
3.
Any light fixture located within 50 feet of a residential zoning district or public ROW must utilize
an internal or external shield, with the light fixture and shield oriented to minimize light trespass
onto any adjacent property or ROW line. If an external shield is used, its surface must be painted
black to minimize reflections.
F.
Light Temperature (Color). All exterior lighting must have a Correlated Color Temperature (CCT) of
3000 Kelvin (K) or less unless an applicant can demonstrate a unique, project-based need for CCTs
exceeding 3000K, subject to approval by the Zoning Administrator.
G.
Time Limits for Outdoor Lighting. All Class 1 and any Class 2 lighting located within 50 feet of an
adjacent single-family residential property line must be turned off by 11:00 pm and/or no later than 30
minutes after the business closes, whichever is later, and remain off for the remainder of the night or
until the business reopens. Seasonal lighting decorations in compliance with subsection L.3 below are
exempt. For outdoor recreation facilities, refer to subsection L.9 below.
H.
Sign Illumination. Standards for external and internal sign illumination are provided in Section
5.12.5.C. Lighting used for the external illumination of signs is subject to all applicable standards of this
Section for Class 1 lighting.
I.
Architectural/Landscape Lighting. Architectural lighting used to illuminate a building or landscape
lighting used to illuminate trees or other landscape elements is permitted subject to all applicable
standards of this Section. Light fixtures used to illuminate flags, statues, or any other objects mounted
on a pole, pedestal, or platform shall use a narrow cone beam of light that will not extend beyond the
illuminated object.
J.
Design Consistency. The style of light standards and fixtures must be consistent with the style and
character of architecture proposed on the site.
K.
Parking Lot and Pedestrian Lighting.
1.
Parking lots, sidewalks, paths, trails, and common areas/facilities, and other background spaces
shall be illuminated as unobtrusively as possible while meeting the functional needs of safe
circulation and protection of people and property.
2.
Parking lot light poles in commercial and industrial zoning districts are limited to 25 feet in height
and are limited to 16 feet in height when placed closer than 50 feet from a residential use.
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L.
Exempt Lighting. The following types of lighting are exempt from the requirements of this Section.
1.
Soffit or wall-mounted luminaires that are permanently attached to single-family residential
dwellings, not to exceed the height of the eave.
2.
Public street and ROW lighting.
3.
Temporary decorative seasonal lighting, provided that individual lamps have a light output of 200
lumens or less.
4.
Temporary lighting for emergency or nighttime work and construction.
5.
Temporary lighting for theatrical, television, and performance areas or for special events
authorized through a Special Event Temporary Use Permit (SETUP).
6.
Lighting for a special district, street, or building that, according to an adopted Specific Area Plan,
is determined to require special lighting aesthetics as part of its physical character.
7.
Lighting required and regulated by the Federal Aviation Administration.
8.
Lights emitting infrared radiation used for remote security surveillance systems, permitted for
commercial or industrial applications with the following restrictions:
a.
Fixed lights must be fully shielded; and
b. Movable lights, such as spotlights attached to infrared sensitive cameras, must be mounted
so that the lights cannot be directed higher than 20 degrees below the horizontal, measured
from the center of the light beam.
9.
Lighting for outdoor recreational uses such as ball diamonds, playing fields, tennis courts, and
similar uses, provided that such uses comply with the following standards:
a.
Maximum permitted light post height is 80 feet.
b.
Maximum permitted illumination at the property line is two footcandles.
c.
Exterior lighting shall be extinguished no later than 11:00 pm. An exception may be granted
by the Zoning Administrator for special events and tournament activities.
M.
Prohibited Lighting. The following types of outdoor lighting are prohibited:
1.
Search lights, flood lights, laser lights, or similar high intensity light, except as necessary for
official emergency services or for meteorological data gathering purposes.
2.
Any lighting device located on the exterior of a building or on the inside of a window which is
visible beyond the property boundaries of the lot or parcel with intermittent fading, flashing,
blinking, rotating, or strobe light illumination. This prohibition does not apply to temporary
seasonal lighting as described in subsection L.3 above, or lighting that is integrated with a
security alarm system and only flashes or blinks when the alarm is activated.
3.
Lighting that results in unreasonable glare to motor vehicles on public ROW.
4.
The installation of any mercury vapor light fixtures.
(Ord. No. 37-09, § 1, 12-16-2009)
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5.12. SIGNS
5.12.1. Purpose.
A.
This Section has been adopted to ensure that all signs within the City are compatible with the unique
character and environment of the community. This Section promotes the public health, safety, and
welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and
nondiscriminatory sign standards and requirements.
B.
More specifically, the purpose of this Section is to:
1.
Ensure that all signs support the desired ambience and development patterns of the various
districts and historic areas within the City;
2.
Balance public and private objectives by allowing adequate avenues for both commercial and
noncommercial messages;
3.
Ensure pedestrian and traffic safety by promoting the free flow of traffic and the protection of
pedestrians and motorists from injury and property damage caused by, or which may be fully or
partially attributable to, cluttered, distracting, and/or illegible signage;
4.
Prevent property damage, personal injury, and litter caused by signs that are improperly
constructed or maintained;
5.
Protect and improve property values, the local economy, and quality of life by preserving and
enhancing the appearance of the streetscape;
6.
Provide clear and unambiguous sign standards that enable the fair and consistent enforcement
of these sign regulations;
7.
Ensure that the constitutionally guaranteed right of free speech is protected; and
8.
Promote the health, safety, and general welfare of the citizens of the City.
5.12.2. Applicability.
A.
This Section applies to all signs within the incorporated areas of the City regardless of their nature or
location, except as specifically provided in this Section and for developments that are subject to a
Comprehensive Sign Plan (CSP) existing and in effect on the effective date, in which case the time,
place, and manner provisions of the CSP will apply, and unless otherwise specifically exempted in
Section 5.11.2H, Exempt Signs;
1.
Standards for permanent building mounted and freestanding signs are found in Section 0,
Standards for Permanent Signs.
2.
Standards for temporary and portable signs are found in Section 0, Standards for Portable and
Temporary Signs.
B.
All regulations included in this Section shall apply unless a CSP is approved by the Zoning
Administrator; see Section 5.12.3.B, Comprehensive Sign Plan. Entry into agreement between the City
and a developer for a CSP may supersede the requirements in this Section except for matters of public
safety.
C.
The provisions of this Section shall be applied in a content-neutral manner. Noncommunicative
aspects of all signs, not related to the content of the sign, must comply with the provisions of this
Section. “Noncommunicative aspects” include the time, place, manner, location, size, height,
illumination, spacing, and orientation of signs.
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D.
Nothing in this Section shall be construed to prohibit a person from holding a sign while picketing or
protesting on public property that has been determined to be a traditional or designated public forum,
so long as the person holding the sign does not block ingress and egress from buildings, create a safety
hazard by impeding travel on sidewalks, in bike or vehicle lanes, or on trails, or violate any other
reasonable time, place, and manner restrictions adopted by the City.
E.
Substitutions and Interpretations. This Section is not intended to, and does not, restrict speech on the
basis of its content, viewpoint, or message. No part of this Section shall be construed to favor
commercial speech over noncommercial speech. A noncommercial message may be substituted for
any commercial or noncommercial message displayed on a sign, or the content of any noncommercial
message displayed on a sign may be changed to a different noncommercial message, without the need
for any approval or permit, provided that the size of the sign is not altered, and the sign otherwise
complies with the provisions of this Section. To the extent any provision of this Section is ambiguous,
the term will be interpreted not to regulate on the basis of the content of the message. If there is any
question regarding the interpretation of a provision of this Section, or its application to any specific
case or situation, the Zoning Administrator shall interpret the intent of this Section.
F.
Sign Message. Any permitted sign may contain, in lieu of any other message or copy, any lawful
noncommercial message, so long as the sign complies with the size, height, area, location, and other
requirements of this Section.
G.
Conflicting Regulations. Exceptions to this Section may be made for signs subject to federal or state
government regulations that may be in conflict with this Section.
H.
Exempt Signs. The following signs are not regulated under this Section, do not count toward the
maximum total sign area for all permanent signs, and do not require a Sign Permit:
1.
Government Signs. Any sign, posting, notice or similar signs placed, installed, or required by law
by a federal, state, county, or local governmental agency in fulfilling its responsibility to protect
the public health, safety, and welfare, including the following:
a. Numerals and letters identifying an address from the street to facilitate emergency response
and in compliance with City requirements;
b. Emergency and warning signs necessary to warn of dangerous and hazardous conditions and
that serve to aid public safety or civil defense;
c.
Traffic signs erected and maintained by an authorized public agency;
d. Signs required to be displayed by any applicable federal, state, or local law, regulation, or
ordinance;
e. Signs directing the public to points of interest;
f.
Signs showing the location of public facilities; and
g. Signs identifying the location of City facilities and operations.
2.
Accessory Signs. Accessory signs subject to the following standards:
a. Not permitted in single-family residential zoning districts;
b. May be building mounted or freestanding;
c.
Not to exceed a total of 12 square feet in sign area and six feet in height;
d. Sign area for accessory signs is excluded from the total allowed sign area for building
mounted or freestanding signs;
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e. Maximum of two signs per building or driveway entrance, except that if the accessory sign is
not readable from the public ROW, there is no limit on the number of signs; and
f.
May be non-illuminated, internally illuminated, or externally illuminated.
3.
Incidental Signs. Incidental signs not to exceed a total of three square feet in sign area in all
single-family residential zoning districts and six square feet in all other zoning districts.
4.
Signs Not Readable from the Public ROW. Signs not readable from the public ROW, including:
a. Signs or displays located entirely inside of a building, within a courtyard, open-air pedestrian
space, or similar open area and not visible from the building’s exterior;
b. Signs intended to be readable from within a parking area or City park or other facilities but
not readable beyond the boundaries of the lot or parcel upon which they are located or from
any public ROW.
5.
Historic Plaques and Commemorative Signs. Historic plaques, memorial signs, or tablets either
attached to or cut into the surface of buildings, provided that no individual sign exceeds two
square feet in area.
6.
Signs During Site Construction. A total of 32 square feet of signage is allowed per site entrance
during site construction activities.
I.
Severability. If any Section, sentence, clause, phrase, word, portion or provision of this Section is held
invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect,
impair, or invalidate any other Section, sentence, clause, phrase, word, portion, or provision of this
Section which can be given effect without the invalid provision. The invalidation of the application of
any Section, sentence, clause, phrase, word, portion, or provision of this Section to a particular
property or structure, or any particular properties or structures, by any court of competent jurisdiction
shall not affect the application of the Section, sentence, clause, phrase, word, portion or provision to
any other property or structure not specifically included in the invalidation.
5.12.3. Signs Permits and Procedures.
A.
Sign Permit. All permanent signs and temporary signs described in this Section (except as provided in
subsection 5.12.7.B.1.b) require the review and approval of a Sign Permit. Refer to the Sign Permit
application/process guide on file with the Director.
B.
Comprehensive Sign Plan (CSP).
1.
A CSP is required for all multi-tenant commercial, industrial, and mixed-use development
illustrating a coordinated approach to site signage.
2.
PAD applications for a CSP must include a legal description and specifications regarding sign:
a. Type;
b. Materials;
c. Illumination;
d. Colors;
e. Dimensions; and
f. Location.
3.
A CSP may also be approved for new development where a variation from the otherwise
applicable dimensional standards established in this Section is desired.
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a. Variations of up to 25 percent from the height and area standards applicable to a sign type
may be approved by the Zoning Administrator.
b. Variations of greater than 25 percent from the height and area standards applicable to a sign
type may be approved by the Planning Commission.
c.
The Zoning Administrator may also approve variations from nondimensional standards
established in this Section including, but not limited to, the following:
i.
A request for a sign type not specifically included in Section 0, Standards for Permanent
Signs provided the sign meets the intent of the zoning district in which it is proposed;
ii.
A request for variations from the location and display restrictions established in Sections
5.11.4A and 5.11.4B;
iii. The use of neon or fluorescent colors in signs outside of the Activity Centers identified in
the General Plan;
iv. Any sign that uses motion picture projection;
v.
Signs located on an illuminated wall surface; or
vi. Requests for electronic message signs other than for assembly and governmental uses
as provided in subsection 5.12.6.E.3.
5.12.4. General Restrictions for All Signs.
A.
Location Restrictions. Signs may not be placed in the following locations or manner, except where
specifically authorized in this Section:
1.
Architectural Features. Areas where a sign would cover the architectural features of a building,
such as dormers, insignias, pilasters, soffits, transoms, trims, or another architectural feature.
2.
Poles, Posts, Trees, and Fences. Tacked, painted, pasted, or otherwise affixed, on fences, poles,
posts, trees, ladders, or other similar elements that are visible from or within a public ROW.
Permanent signs may be attached to a fence or freestanding wall only when a monument or post
sign is not present in the development and must be maximum three square feet in sign area.
3.
Clearance Standards. Within the horizontal or vertical clearance standards from communications
lines and energized electrical power lines prescribed by applicable standards from the utility
companies.
4.
Conflict with Traffic Signs. Any location that obstructs the view of any authorized traffic sign,
signal, or other traffic control device or which by reason of shape, color, or position interferes
with or could be confused with any authorized traffic signal or device.
5.
Exits and Entrances. Any sign which is placed in a manner that would prevent or inhibit free
ingress to or egress from any door, window, vent, or any exit way required by Building Code or
Fire Department regulations.
6.
Fuel Tanks, Storage Containers, and Solid Waste Receptacles. Painted, attached or mounted on
fuel tanks, storage containers and/or solid waste receptacles or their enclosures, except for a
manufacturer’s or installer’s identification, appropriate warning signs and placards, and
information required by law.
7.
Intersections and Sight Visibility. Any sign erected or maintained at or near any street
intersection or within the SVT as specified in Section 6-3 of the Engineering Design Standards
that will obstruct the free and clear vision of drivers and pedestrians.
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8.
Obstruction of Pedestrian Ways. Any sign mounted or displayed in such a manner that impede,
obstruct, or create hazards with respect to pedestrian traffic. A minimum width of four feet must
be maintained on sidewalks at all times.
9.
Off-Premises. Off-premises signs, except those signs approved by a Sign Permit to be located on
a legal easement for an access way through another property when such access is required for
public use or as otherwise authorized in this Section.
10. Public Utilities and Infrastructure. Any sign placed within any utility easement except with
express written permission from the easement grantee, or attached to any public utility pole,
structure or streetlight, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, statue,
memorial, or other location on public property, except those signs approved as part of a Special
Event Permit on City property or banner signs permitted by the City on light poles within the City.
11. ROW. Signs located within the public ROW including any sign or handbill attached to a utility pole
or street sign pole except those required or permitted by federal, state, or local law.
12. Vehicles. Mounted, attached, or painted on a trailer, boat, or motor vehicle when parked, stored,
or displayed conspicuously on private premises in a manner intended to attract attention of the
public for the purpose of advertising or identifying the business premises. This provision excludes
signs indicating the name of the owner or business that are permanently painted or wrapped on
the surface of the vehicle, adhesive vinyl film affixed to the interior or exterior surface of a
vehicle window, or signs magnetically attached to motor vehicles or rolling stock that are actively
used in the daily conduct of the business. Vehicles must be operable and parked in a lawful or
authorized manner.
B.
Display Restrictions. This subsection regulates the manner in which signs convey their messages by
specifying prohibited display features that create distractions to the traveling public and create visual
clutter that mar the natural and architectural aesthetics of the City. Signs with the following display
features are prohibited:
1.
Devices Affected by Movement. Any sign animated by any means, including fixed aerial displays,
balloon bobbers, pennants, propellers, spinners, streamers, lights, string of flags, tubes or other
devices affected by movement of the air or other atmospheric or mechanical means;
2.
Exposed Light Source. Any sign with an exposed light source, except for LED strip lights
incorporated into the design of the sign or neon placed on the exterior of a sign within a General
Plan Activity Center or an applicable Specific Area Plan, subject to approval by the Zoning
Administrator, or as allowed through approval of a CSP;
3.
Flashing Lights. Any sign or lighting device, whether on the exterior of a building or on the inside
of a window which is visible beyond the boundaries of the lot or parcel, or from any public ROW,
with intermittent, flashing, rotating, blinking, or strobe light illumination, including search lights;
4.
Fluorescent Colors. Any sign which uses florescent colors unless authorized though approval of a
CSP;
5.
Rotating Signs and Barber Poles. Any sign in which the sign body or any portion of the sign body
or any portion of the sign rotates, moves up and down, or any other type of action involving a
change in position of the sign body or any portion of the sign, whether by mechanical or any
other means. Barber poles no larger than three feet high and 10 inches in diameter, and clocks,
are excepted from this restriction; or
6.
Visible Matter and Motion Picture Projection. Any sign which emits sound, odor, smoke, laser
light display, hologram lights, or other visible matter, including any sign that uses motion picture
projection except as allowed through approval of a CSP.
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C.
Prohibited Sign Types. The following signs are prohibited within the City:
1.
Any sign which advertises a business that is a prohibited use; no longer in existence; or a product
or service no longer being sold, except landmark signs;
2.
Bandit signs;
3.
Billboards, except digital billboards as provided in subsection 5.12.6.E.4;
4.
Any signs mounted or displayed on the roof of a building; and
5.
Stuffed animals or characters used as signs.
5.12.5. General Requirements for All Signs.
A.
Sign Message. Any permitted sign may contain, in lieu of any other message or copy, any lawful
noncommercial message, so long as the sign complies with the size, height, area, location, and other
requirements of this Section.
B.
Rules of Measurement.
1.
Sign Area Measurement. Sign area is measured as follows:
a.
Signs on Background Panel. Where the sign copy is mounted, affixed, or painted on a background panel
or distinctively painted, textured, or constructed surface, the sign area is measured as the sum of the smallest
rectangle(s) that will enclose both the sign copy and the background, as shown in Figure 5.12-A.
Figure 5.12-A: Determining Sign Area on a Background Panel
b. Signs with Individual Letters. Where the sign has individual letters or graphics mounted
against a wall, fascia, mansard, parapet, or other building surface that has not been
distinctively painted, textured or constructed as a background panel, the sign area is
measured as a sum of the smallest rectangle(s) that will enclose each word and each graphic
in the total sign, except for the descending or ascending elements of lower-case letters, as
shown in Figure 5.12-B. As an incentive to encourage the use of individual letters in a sign,
sign area for individual letters or graphics will be counted as 75 percent of the area enclosing
the sign copy so that a larger sign area may be permitted.
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Figure 5.12-B: Determining Sign Area for Individual Letter Signs
c.
Signs on Illuminated Surfaces. Where the sign is mounted, affixed, or painted on an
illuminated surface or illuminated element of a building or structure, the sign area is
measured as the entire illuminated surface or illuminated element, which contains sign copy,
as shown in Figure 5.12-C.
Figure 5.12-C: Determining Sign Area for Illuminated Surfaces
d. Irregularly Shaped Signs. Sign area for irregular shaped signs is determined by dividing the
sign into squares, rectangles, triangles, circles, or arcs as shown in Figure 5.12-D.
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Figure 5.12-D: Determining Sign Area for Irregular Shaped Signs
e. Multi-Face Signs. The sign area for multi-face signs, as shown in Figure 5.12-E is measured as
follows:
i.
Two-Face Signs. Where the interior angle between the two sign faces is 45 degrees or
less and the sign faces are less than 42 inches apart, the sign area is measured as the
area of one sign face only. Where the angle between the two sign faces is greater than
45 degrees, the sign area is the sum of the areas of the two sign faces.
ii.
Three- or Four-Face Signs. The allowable sign area is measured as 50 percent of the sum
of the areas of all sign faces.
Figure 5.12-E: Determining Sign Area for Multi-Face Signs
f.
Spherical, Free-Form, or Sculptural Signs. The sign area is measured by encasing the longest
portion of the sign with four dimensionally equal lines, and the shortest portion of the sign
with at least two dimensionally equal lines to form a cuboid. The sign area is 50 percent of
the sum of the areas between the longest four dimensionally equal lines encompassing the
cuboid, as shown in Figure 5.12-F.
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Figure 5.12-F: Determining Sign Area for Spherical, Free-Form, or Sculptural Signs
2.
Sign Height Measurement.
a. Freestanding Signs. Sign height for freestanding signs is measured as the vertical distance
from the highest finish grade at the base of the sign to the highest point of the sign, as
shown in Figure 5.12-G, excluding decorative embellishments as permitted in Section
5.12.6.D, Specific Standards for Permanent Freestanding Signs.
Figure 5.12-G: Determining Freestanding Sign Height
i.
Higher Than Adjacent Grade. Where the natural grade at the base of a sign is higher
than the finished grade of the nearest adjacent road, sign height is measured from the
base of the sign, as shown in Figure 5.12-H.
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Figure 5.12-H: Determining Freestanding Sign Height; Higher Than Finished Grade
ii.
Lower Than Adjacent Grade. Where the natural grade at the base of a sign is lower than
the finished grade of an adjacent road, the height of the sign is measured from the top
of curb elevation, as shown in Figure 5.12-I.
Figure 5.12-I: Determining Freestanding Sign Height: Lower Than Finished Grade
b. Building-Mounted Signs. The height of building-mounted signs is determined as the vertical
distance measured from the base of the wall on which the sign is located to the top of the
sign, as shown in Figure 5.12-J.
Figure 5.12-J: Determining Building-Mounted Sign Height
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C.
Sign Illumination.
1.
Internal Illumination. Internally illuminated signs include cabinet signs, changeable copy signs,
single- or multi-color LED signs, signs constructed with pan channel letters or reverse pan
channel letters (i.e., indirect halo-illuminated letters) on an unlit or otherwise indistinguishable
background on a freestanding sign or building wall, as shown in Figure 5.12-K.
Figure 5.12-K: Internal Sign Illumination- Individual Letter Signs
a. To minimize glare, internally illuminated signs such as cabinet signs must either be
constructed with an opaque background and translucent text and symbols, or with a colored
(not white, off-white, light gray, or cream) background and generally lighter text and
symbols as shown in Figure 5.12-L.
Figure 5.12-L: Internal Sign Illumination – Cabinet Signs
b. Internally illuminated cabinet signs may be used only for nonresidential uses in the
residential zoning districts and in the nonresidential and public/institutional zoning districts
(Refer to Table 3.1-1: Table of Allowed Uses) provided the illumination intensity does not
exceed one foot candle measured at the property line. Internally illuminated cabinet signs
are not allowed in any of the mixed-use zoning districts.
2.
External Illumination.
a. Externally illuminated signs must be illuminated only with steady, stationary, fully shielded
light sources directed solely onto the sign without causing glare.
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b. The light source for externally illuminated signs must be arranged and shielded to
substantially confine all direct light rays onto the sign face and away from streets and
adjacent properties as illustrated in Figure 5.12-M.
Figure 5.12-M: External Illumination for Signs
3.
Direct Illumination.
a.
Direct illumination may not be used in residential zoning districts and is limited to letters,
numbers, symbols, and accents on a marquee sign.
b. Exposed lamps must not exceed an output of 25 watts and must only have a steady light
output.
4.
Neon.
a. Exposed neon sign lighting on permanent signs is only allowed within a General Plan Activity
Center or an applicable Specific Area Plan, subject to approval by the Zoning Administrator.
b. Neon signs placed in a window are counted toward the total aggregate area for all window
signs (Refer to Table 5.12-9: Standards for Window Signs).
5.
Single-Color, Two-Color, or Multi-Color LED Signs.
a. Single-color, two-color, or multi-color LED signs are exempt from the sign area limitations for
wall signs and window signs established in Table 5-12.9: Standards for Wall Signs and Table
5.12-10: Standards for Window Signs.
b. Any individual single-color, two-color, or multi-color LED window sign must not exceed four
square feet in area.
6.
Electronic Message Displays and Billboards. Refer to subsection 5.12.6.E.3, for the luminance
and illumination standards for electronic message displays and refer to subsection 5.12.6.E.4, for
the luminance and illumination standards for digital billboards.
D.
Sign Structure Standards.
1.
The installation of all permanent signs shall be enforced and administered by the Building
Official. All signs and sign structures must be designed to comply with the provisions of this
Section and the applicable provisions of the Building Code.
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2.
Raceway cabinets, as illustrated in Figure 5.12-N, must only be used in building mounted signs
when access to the wall behind the sign is not feasible, or when the Zoning Administrator
determines that a benefit exists to preserve a historic or architectural feature of a building. In
such cases, the raceway cabinet must not extend in width and height beyond the area of the sign
and must match the color of the building to which it is attached. Where a raceway cabinet
provides a contrast background to sign copy, the colored area is counted in the total allowable
sign area allowed for the site or business.
Figure 5.12-N: Raceway Cabinet
E.
Sign Maintenance.
1.
All signs shall be maintained by any property owner, lessor, lessee, manager, agent, or other
person having lawful possession or control over a sign, building, structure, or parcel of land, in a
condition or state of equivalent quality to which it was approved or required by the City.
2.
All signs together with their supports and appurtenances must be maintained in good structural
condition, in compliance with applicable Building Codes, and in conformance with this Section.
3.
Maintenance of a sign includes annual cleaning; replacement of flickering, burned out, or broken
light bulbs or fixtures; repair or replacement of any faded, peeled, cracked, or otherwise
damaged or broken parts of a sign; replacement of broken or removed components of the sign;
and any other activity necessary to restore the sign so that it complies with the requirements and
contents of the Sign Permit issued for its installation and the provisions of this Section.
4.
The Building Official is authorized to order the repair, maintenance, or removal of any sign or sign
structure that has not been maintained and is dangerous or in disrepair, or which is erected or
maintained contrary to the requirements of this Section.
5.
Failure to maintain a sign constitutes a violation of this Section and will be subject to
enforcement action, in which case the Building Official may order the removal of any sign that is
determined to be in disrepair or dangerous.
6.
Any owner of a sign victimized by graffiti shall remove, repair, or repaint sign(s) within 30 days of
the graffiti being applied.
5.12.6. Standards for Permanent Signs.
A.
Applicability.
1.
This Section establishes the standards for permanent signs.
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a.
Table 5.12-1: Allowed Sign Types by Zoning District, establishes which sign types are allowed
in each zoning district. Any combination of allowed sign types may be used within a given
zoning district unless specifically prohibited.
b. Tables 5.12-1 through Table 5.12-13 as well as Section 5.12.6.E, Special Purpose Signs,
provides the standards and descriptive illustrations for each of the allowed sign types.
2.
A sign type not specifically included in this Section may be allowed by the Zoning Administrator
through approval of a CSP (Refer to Section 5.12.3.B, Comprehensive Sign Plan) provided the sign
meets the intent of the zoning district in which it is proposed.
3.
A permanent freestanding sign is only allowed on a parcel on which a primary use or building has
been established.
Table 5.12-1: Allowed Sign Types by Zoning District
Sign Type
Rural and
Single-family
Residential
Zoning Districts
Multi-family
Residential
Zoning
Districts
Mixed-Use
Zoning
Districts
Downtown
Office and
Commercial
Zoning
Districts
Industrial
Zoning Districts
AG, R1-43, R1-
18, R1-10, R1-6,
R1-3, R1-1
MF-1, MF-2,
MH
NMU, CMU,
RMU, IMU,
DC, DR
DO
PO, C-1, C-2,
C-3, BP
I-1, I-2
“P” = Sign type is permitted in the zoning district; “N” = Sign type is not permitted in the zoning district
Building-Mounted Signs
Awning Signs
N
P
P
P
P
P
Blade Signs
N
P
P
P
P
P
Canopy Signs
N
P
P
P
P
P
Marquee Signs
N
N
P
N
P
N
Roof-Mounted
Signs
N
N
N
P
N
N
Service Island
Canopy Signs
N
N
P
N
P
P
Wall Signs
P
P
P
P
P
P
Window Signs
N
N
P
P
P
P
Freestanding Signs 1
Flags
P
P
P
P
P
P
Monument Signs
P
P
P
P
P
P
Post Signs
N
P
P
P
P
P
NOTES:
1. Freestanding signs are not permitted in the Downtown Overlay District (DOD), unless part of an approved CSP.
B.
General Standards for Permanent Building Mounted and Freestanding Signs.
1.
The maximum total area for all building-mounted signs is established in Table 2, Maximum
Dimensional Standards for Permanent Building-Mounted Signs.
2.
The maximum total area and sign height for all freestanding signs is established in Table 5.12-3,
Maximum Dimensional Standards for Permanent Freestanding Signs.
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3.
All permanent building-mounted and freestanding signs must comply with the corresponding
sign type standards provided in this Section.
Table 5.12-2: Maximum Dimensional Standards for Permanent Building-Mounted Signs
Principal Uses
Sign area allowed (in square feet) for each lineal foot of
building facing the street frontage1,2,3,4,5
Single-Family Residential
Max. 2 square feet 5
Single-Family Residential in Downtown Overlay
Max. 3 square feet 5
Multi-Family Residential
0.25
Office
0.50
Assembly Uses
1.00
Commercial
1.00
Freeway-Oriented Identification
1.50
Mixed-Use
1.00
Industrial
0.50
NOTES:
1 All building-mounted signs must be placed below the top of a parapet.
2 Each side of a building facing a street frontage, parking area, or an internal driveway will be counted separately and may
be used to place building mounted signs.
3 The allowed sign area will be doubled when a building is setback a minimum of 300 feet from an adjacent public ROW.
4 All signs facing residential zoning districts must be non-illuminated unless separated by a public roadway that is a major
arterial or greater).
5 Sign area allowed per each lineal foot of building does not apply to single-family residential uses.
Table 5.12-3: Maximum Dimensional Standards for Permanent Freestanding Signs
Principal Uses
Maximum Sign Height (Feet)
Maximum Sign Area
(Square Feet)
Residential Neighborhood
Identification
6
48
Single-Family Residential in Downtown
Overlay
3
3
Multi-Family Residential
8
48
Single-Tenant Standalone Office
8
20
Multi-Tenant Office
10
40
Single-Tenant Commercial
15
32
Mixed-Use
15
32
Multi-Tenant Commercial
20
72
Assembly Uses
10
48
Highway-Oriented Identification
65
250
Industrial
20
48
C.
Specific Standards for Permanent Building Mounted Signs. Standards for each allowed permanent
building-mounted sign type are provided in the tables that follow with a supporting illustration of each
sign type. All permanent building-mounted signs must comply with the standards for sign area, height,
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number, type, and other requirements provided in these tables. Each sign type listed in this Section
must be included in the calculation of the total sign area allowed on a parcel or development site by
Table 5.12-2, Maximum Dimensional Standards for Permanent Building-Mounted Signs, except as
explicitly provided otherwise in Table 5.12-2.
1.
Awning Signs. Awning signs must comply with the standards provided in Table 5.12-4, Standards
for Awning Signs.
Table 5.12-4: Standards for Awning Signs
Standards
Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet
Sign Area
Max. 1 sf per linear foot of awning width.
Sign Height
Min. 8 ft from the bottom of the awning to the sidewalk.
Max. 20 ft.
Number of Signs
No limit provided the max. area for building mounted signs is not exceeded.
Sign Placement
Must be placed above the doors and windows on the ground or second floor.
Awnings must not project above, below, or beyond the edges of the face of the
building wall or architectural element.
Sign width must not be greater than 60% of the width of the awning face or valance
on which it is displayed.
If an awning is placed on multiple storefronts, each business is permitted signage no
greater than 60% of the width of the storefront.
May project into public ROW with approval from the Public Works Director.
Valance Height
Max. 9 in.
Horizontal Distance from the
Front Edge of the Awning to
the Back-of-Curb
Min. 2 ft.
Illumination
Illumination allowed under the awning.
Figure 5.12-O: Awning Sign
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2.
Blade Signs. Blade signs, also known as vertical projecting signs, must comply with the standards
provided in Table 5.12-5, Standards for Blade Signs.
Table 5.12-5: Standards for Blade Signs
Standards
Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet
Sign Area
Max. 24 sf.
Number of Signs
1 per business frontage or 1 per building frontage (multi-family residential).
Mounting Height
Min. 8 ft from the bottom of the sign to the nearest grade or sidewalk and 14 ft if
placed above a driveway or other vehicular access.
Sign Placement
Must be mounted perpendicular to the building face or the corner of the building.
If mounted below the underside of an overhead structure, must not extend beyond
the edge of the structure on which it is located.
May project into public ROW with approval from the Public Works Director.
Signs projecting over a public ROW are limited to those attached to a building
located at or within six feet of the building entrance.
Projection
Max. 4 ft from the building wall to the outer edge of the sign. No projecting sign
shall extend closer than two feet to a curb line.
Illumination
Non-illuminated, internal illumination, or external illumination.
Figure 5.12-P: Blade Sign
3.
Canopy Signs. Canopy signs must comply with the standards provided in Table 5.12-6, Standards
for Canopy Signs.
Table 5.12-6: Standards for Canopy Signs.
Standards
Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet
Sign Area
Max. 1 sf per linear foot of canopy width.
Sign Height
Min. 8 ft from the bottom of the canopy to the nearest grade or sidewalk; Max. 20 ft
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Table 5.12-6: Standards for Canopy Signs.
Standards
Requirements
Number of Signs
1 per entrance, provided the maximum area for building mounted signage is not
exceeded.
Sign Placement
Must be placed above the doors and windows of the ground floor of a building. Sign
width must not be greater than 60% of the width of the canopy on which it is
displayed.
If a canopy is placed on multiple store fronts, each business is permitted signage no
greater than 60% of the store width or tenant space.
May project into public ROW with approval with approval from the Public Works
Director.
Horizontal Distance from the
Edge of the Canopy to Back-
of-Curb
Min. 2 ft
Illumination
Non-illuminated, internal illumination, or external illumination.
Figure 5.12-Q. Canopy Sign
4.
Marquee Signs. Marquee signs must comply with the standards provided in Table 5.12-7,
Standards for Marquee Signs.
Table 5.12-7: Standards for Marquee Signs.
Standards
Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet
Sign Area
Max. 200 sf; Includes all 3 sides of the marquee.
Mounting Height
Min. 12 ft from the bottom of the marquee to the nearest grade or sidewalk.
Sign Placement
May project into public ROW with approval with approval from the Public Works
Director. Sign letters may be placed above the marquee subject to the applicable
standards for a canopy sign (Refer to subsection 5.12.6.C.3).
Number of Signs
Max. 1 per business.
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Horizontal Distance from the
Front Edge of the Marquee to
the Back-of-Curb
Min. 2 ft
Illumination
Direct illumination or internal illumination.
Figure 5.12-R. Marquee Sign
5.
Service Island Canopy Signs. Service island canopy signs must comply with the standards
provided in Table 5.12-8, Standards for Service Island Canopy Signs.
Table 5.12-8: Standards for Service Island Canopy Signs.
Standards
Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet
Sign Area
Max. 60 sf for the total area of all signs on the facade of the service island canopy.
Excluded from the total allowed sign area for all building-mounted signs.
Number of Signs
Signs may only be displayed on max. 3 canopy facades.
Illumination
Non-illuminated, internal illumination, or external illumination.
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Figure 5.12-S: Service Island Canopy Sign
6.
Wall Signs. Wall signs must comply with the standards provided in Table 5.12-9, Standards for
Wall Signs.
Table 5.12-9: Standards for Wall Signs.
Standards
Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet
Sign Area
Included in the total allowed sign area for all building-mounted signs as provided in
Table 5.12-2, Maximum Dimensional Standards for Permanent Building-Mounted
Signs.
Number of Signs
Included in the total allowed sign area for all building-mounted signs as provided in
Table 5.12-2, Maximum Dimensional Standards for Permanent Building-Mounted
Signs.
Illumination
Non-illuminated, internal illumination, or external illumination.
Sign Placement
Individual tenant signs are only allowed for first-floor tenants of a multi-story
building. No individual tenant signs are permitted on any floor above the first floor.
Painted Wall Signs
Painted wall signs are allowed on any exterior building wall of an individual tenant
space or building.
The allowable area for painted wall signs will be increased by 10% over the normal
allowable sign dimensions for the zone.
Painted wall signs must be professionally painted. Non-illuminated or external
illumination only.
Landscape Wall Signs
Included in the total allowed sign area for all building-mounted signs as provided in
Table 5.12-2, Maximum Dimensional Standards for Permanent Building-Mounted
Signs. May also be considered a freestanding sign, e.g., when used as a subdivision
entry sign.
Max. height 5 feet from grade
Max. sign area 24 sf.
Sign copy must be min. 6 inches below the top of the wall.
Changeable Copy and
Electronic Message Signs
Max. sign area 25% of the total allowable sign area for the building. Refer to
subsection 5.12.6.E.3 for limitations on the use of electronic message signs.
The changeable sign or electronic message sign area must be an integral part of a
permanent building- mounted sign.
Changeable sign copy may only be non-illuminated or internally illuminated.
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Figure 5.12-T: Wall Signs
7.
Window Signs. Window signs must comply with the standards provided in Table 5.12-10,
Standards for Window Signs.
Table 5.12-10: Standards for Window Signs.
Standards
Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet
Sign Area
Permanent window signs – max. 20% of the area of the window on which they are
displayed.
The combined area of portable and permanent window signs must not exceed 40%
of the area of the window on which they are displayed. Painted window signs or
perforated vinyl signs are included in this calculation.
Excluded from the total allowed sign area for all building-mounted signs.
Sign Placement
Must be mounted or displayed on the interior of the window. Allowed on 1st and 2nd
story windows only.
Illumination
Non-illuminated or single-, two-color, or multi-color LED signs are allowed.
Figure 5.12-U. Window Sign
D.
Specific Standards for Permanent Freestanding Signs. Standards for each allowed permanent
freestanding sign type are provided in tables with a supporting illustration of each sign type. All
permanent freestanding signs must comply with the standards for sign area, height, number, type, and
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other requirements provided in these tables as well as the standards established in Table 5.12-3,
Maximum Dimensional Standards for Permanent Freestanding Signs. Permanent freestanding signs
must be located on the same parcel as the use they advertise unless they are part of a CSP (Refer to
Section 5.12.3.B, Comprehensive Sign Plan) which incorporates off-premises signage.
1.
Flags. Flags must comply with the standards provided in Table 5.12-11, Standards for Flags.
Table 5.12-11: Standards for Flags.
Standards
Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet
Flag Area
All residential zoning districts: Max. 24 sf
All commercial and industrial zoning districts: 60 sf
Flagpole Height
All residential zoning districts: Max. 25 ft
All commercial and industrial zoning districts: 35 ft
Number of Flagpoles
All residential zoning districts: Max. 1 per lot
All commercial and industrial zoning districts: Max. 3 per lot
Spacing between other signs
and between flagpoles
All zoning districts: Max. 10 ft
Illumination
Non-illuminated or external illumination.
Figure 5.12-V. Flags
2.
Monument Signs. Monument signs must comply with the standards provided in Table 5.12-12,
Standards for Monument Signs.
Table 5.12-12: Standards for Monument Signs
Standards
Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet
Sign Area
Included in the total allowed sign area for all freestanding signs as provided in Table
5.12-3, Maximum Dimensional Standards for Permanent Freestanding Signs.
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Table 5.12-12: Standards for Monument Signs
Standards
Requirements
Sign Height
Included in the total allowed sign height for all freestanding signs as provided in
Table 5.12-3, Maximum Dimensional Standards for Permanent Freestanding Signs.
Elements to enhance the design of a sign structure may extend above the sign to a
max. of 20% of the sign’s allowed height, or 12 inches, whichever is greater.
Base Width/Height
The monument sign’s base must be at least 60% of the width of the sign.
The monument sign’s base must be maximum 4 ft in height.
Sign Placement
No minimum setback required.
Number of Signs
Single-tenant uses: Max. 1 monument sign per parcel
Multi-tenant developments and shopping centers with frontage length ≤ 660 ft: Max
1 multi-tenant monument sign per parcel
Multi-tenant developments and shopping centers with a frontage length > 660 ft:
Max. 1 multi-tenant monument sign per every 330 feet of frontage; min. spacing of
300 feet between signs.
Illumination
Non-illuminated, internal illumination, or external illumination.
Other Requirements
Monument signs shall be located in a landscaping area defined by a vertical curb to
protect the sign. Monument signs used to identify residential neighborhoods are
limited to 2 per entrance.
The monument sign based must match the materials used in the design of the
primary building on the site.
Special Provisions
Requirements
Changeable Copy and
Electronic Message Signs
Max. sign area 75% of the total allowable sign area. Refer to subsection 5.12.6.E.4
for limitations on the use of electronic message signs.
The changeable sign or electronic message sign area must be an integral part of a
permanent monument sign.
Changeable sign copy may only be non-illuminated or internally illuminated.
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Figure 5.12-W: Monument Signs
3.
Post Signs. Freestanding post signs must comply with the standards provided in Table -13,
Standards for Post Signs.
Table 5.12-13: Standards for Post Signs.
Standards
Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet
Sign Area
Included in the total allowed sign area for all freestanding signs as provided in Table
5.12-3, Maximum Dimensional Standards for Permanent Freestanding Signs.
Sign Height
Max. 6 ft.
Elements to enhance the design of a sign structure may extend above the sign to a
max. of 10% of the sign’s allowed height, or 6 inches, whichever is greater.
Sign Placement
Min 5 ft and max. 10 ft setback from the property line.
Number of Signs
Max. 1 per property frontage.
Illumination
Non-illuminated, internal illumination, or external illumination.
Other Requirements
Post signs shall be located in a landscaping area defined by a vertical curb to protect
the sign.
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Figure 5.12-X: Post Sign
E.
Special Purpose Signs.
1.
Community Kiosk Signs.
a. Sign panels on City-approved community kiosk signs may be allowed for the purpose of
providing directional information to community facilities and attractions and residential
developments, including mobile home parks and apartment developments.
b. Community kiosk signs must not exceed 12 feet in height and 5.5 feet in width.
c.
Community kiosk signs must be located outside of the public ROW of a minor arterial or
higher street classification. The locations are subject to the approval of the Zoning
Administrator.
d. A plan for a community kiosk sign shall be prepared showing the design and location of each
kiosk sign and shall be submitted to, and approved by, the Zoning Administrator prior to the
issuance of a Sign Permit.
e. A Sign Permit for a community kiosk sign shall be effective for one year from the date of
approval. An applicant must submit a community kiosk sign plan to the Zoning Administrator
at least 30 days prior to the expiration of the current permit for review and re-approval.
f.
A minimum of 30 inches at the top of each community kiosk sign must be reserved for the
placement of an approved City logo.
g. A 2-foot clearance must be provided on the bottom of each community kiosk sign to the
ground.
h. Sign panels in community kiosk signs must not exceed 18 inches in height.
i.
Community kiosk signs must not be located within an SVT (Refer to subsection 5.12.4.A.7).
j.
No community kiosk sign shall be placed within 300 feet of another kiosk sign on the same
side of the street.
2.
Neighborhood Kiosk Signs.
a. Sign panels on City-approved neighborhood kiosk signs may be allowed for the purpose of
providing directional information to community facilities and attractions.
b. Neighborhood kiosk signs must not exceed six feet in height and 5.5 feet in width.
c.
Neighborhood kiosk signs shall be located outside of the public ROW of a collector or lower
street classification. The locations are subject to the approval of the Zoning Administrator.
d. A plan for a neighborhood kiosk sign shall be prepared showing the design and location of
each kiosk sign and shall be submitted to and approved by the Zoning Administrator prior to
issuance of a Sign Permit.
e. A Sign Permit for a neighborhood kiosk sign shall be effective for one year from the date of
approval. An applicant must submit a neighborhood sign plan to the Zoning Administrator at
least 30 days prior to the expiration of the current permit for review and re-approval.
f.
A minimum of two feet at the top of each neighborhood kiosk sign must be reserved for the
placement of a community logo or name.
g. A one foot clearance must be provided on the bottom of each neighborhood kiosk to the
ground.
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h. Sign panels in neighborhood kiosk signs must not exceed 12 inches in height.
i.
Neighborhood kiosk signs must not be located within an SVT (Refer to subsection
5.12.4.A.7).
j.
No neighborhood kiosk sign shall be placed within 300 feet of another kiosk sign on the
same side of the street.
3.
Electronic Message Sign Displays. The following standards shall apply to all electronic message
sign displays:
a. Location. Electronic message sign displays are limited to assembly and governmental uses,
unless authorized for another use though approval of a CSP (Refer to Section 5.12.3.B,
Comprehensive Sign Plan).
b. Development Standards.
i.
Must comply with the maximum height standards for freestanding signs established in
Table 5.12-1, Allowed Sign Types by Zoning District.
ii. Shall not exceed 75 percent of the overall maximum sign area established in Table 5.12-
3, Maximum Dimensional Standards for Permanent Freestanding Signs.
c.
Design Standards.
i.
Luminance and Illumination.
a) May be internally illuminated or externally illuminated with fully shielded lighting.
b) The luminance of an electronic message display must not exceed 0.3 footcandles
over ambient lighting conditions when measured at the recommended distance,
based on the electronic message display’s size, using the formula in subsection c.i.c)
below from sunset through sunrise.
c) The illuminance of an electronic message display shall be measured with an
illuminance meter set to measure foot-candles accurate to at least two decimals.
Illuminance shall be measured with the electronic message display turned off, and
again with the electronic message display displaying a white image for a full color
capable electronic message display, or a solid message for a single- or two-color
electronic message display. All measurements shall be taken perpendicular to the
face of the electronic message display at a distance determined by the following
formula:
Measurement Distance = √ (Area of Electronic Message Display in sq. ft. × 100)
d) The difference between the off and solid-message measurement must not exceed
0.3 foot-candles.
e) All electronic message displays must be equipped with a sensor or other device
that:
i)
Automatically determines the ambient illumination;
ii) Is programmed to automatically dim according to ambient light conditions; and
iii) Can be adjusted to comply with the 0.3 foot-candle measurements.
f)
In the event of a conflict between subsection b. and c. as described above, the most
restrictive standard shall prevail.
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g) All highway-oriented electronic message display light sources shall be extinguished
from 11:00 pm until sunrise unless the sign is for a business open 24 hours, such as
a hotel or gas station.
ii. Messaging.
a) Electronic message displays must be programmed so that one static message or
image is displayed at all times or that multiple static messages or images are
displayed, provided the message or image changes no more than once every eight
seconds.
b) No video, effects of movement, intermittent or moving light or lights, blinking,
animation, scrolling, flashing, or similar effects in the individual static digital
message or in the transition between messages are allowed. The transition time
between messages must be instantaneous.
c) Electronic message display signs must contain a default design that will freeze the
device on a single message or shut down the display if a malfunction occurs. If the
ambient light meter fails, the electronic message display must immediately
extinguish the display and shut down.
d) Approval. All electronic message displays, both new and conversions from existing
non-digital signs, require approval of a Sign Permit as provided in Section 5.12.3,
Sign Permits and Procedures.
4.
Digital Billboards.
a. Purpose. The purpose of this Section is to ensure the creation of an attractive visual
environment that promotes a healthy local economy by establishing specific development
standards for digital billboards placed adjacent to Interstate 10 (I-10), State Route 85 (SR-
85), and future State Route 30 (SR-30), and to ensure that the erection and installation of
digital billboards in the City does not create visual clutter or create other operational
impacts on surrounding uses, by:
i.
Enabling the placement of commercial and noncommercial messages on digital
billboards to effectively inform, identify, and communicate.
ii.
Directing the general public through the use of digital billboards while maintaining
attractive and harmonious installation of digital billboards on a site.
iii. Protecting and enhancing the physical appearance of the City in a lawful manner that
recognizes the rights of property owners by:
a) Encouraging the appropriate design, scale, and placement of digital billboards; and
b) Assuring that the information displayed on a digital billboard is clearly visible,
conspicuous, legible, and reasonable so that the billboard achieves the intended
purpose.
iv. Fostering public safety along public streets within the City by assuring that all signs are
in safe and appropriate locations outside of the ROW.
b. Digital billboard standards. The following standards apply to all digital billboards:
i.
Location.
a) No more than a total of 10 new digital billboard or non-digital billboard to digital
billboard conversions may be approved by the City. These approvals will be on a
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first-come, first-served basis. No new non-digital billboards will be approved by the
City;
b) Will only be permitted in commercial and industrial zoning districts, including
commercial and industrial mixed-use zoning districts, and within commercial or
industrial land uses identified on an approved PAD land use plan; and
c) Must be adjacent to I-10, SR-85, or the future ROW of SR-30. Placement of the
digital billboard must be within 175 feet of the nearest highway travel lane or
highway interchange travel lane and no closer than 10 feet from the edge of the
highway ROW.
ii.
Separation.
a) The separation requirements established in Table 5.12-14, Separation Requirements
for Digital Billboards, apply regardless of the location of the digital billboard to the
City’s corporate boundary.
Table 5.12-14: Separation Requirements for Digital Billboards
Measured from What Use
Measured Where on the Digital
Billboard
Separation Requirement (feet)
All residential structures
constructed prior to the
approval of the digital
billboard.
From the base of the digital billboard
to the nearest portion of any
residential structure.
1,320 ft
All single-family or multi-family
residential zoning districts
established prior to the
approval of the digital
billboard.
From the base of the digital billboard
to the property line of the nearest
residential zoning district.
500 ft
Community Master Plan and
Planned Area Development
From the base of the digital billboard
to the property line of the nearest
residential zoning district or land use
where residential uses are permitted.
500 ft
Any other digital billboard or
existing non-digital billboard
From the base of the digital billboard
to the base of the existing non-digital
billboard on the same side of the
freeway.
1,320 ft
Any new or existing freeway-
oriented identification sign
From the base of the digital billboard
to the base of the freeway-oriented
identification sign on the same side
of the freeway
500 ft
iii. Development Standards.
a) Digital billboard support structures must have a maximum height of 45 feet
measured from the adjacent grade of the highway roadway to the top of the digital
billboard sign. The maximum height must not exceed 65 feet measured from the
base of the billboard pylon to the top of the sign.
b) Must not exceed 672 square feet in area, excluding detailing and embellishments
around the sign face, with a maximum vertical facing dimension of 14 feet and a
maximum horizontal facing dimension of 48 feet.
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c) Must include no more than two faces, which are not permitted to be vertically or
horizontally stacked. Digital billboards that are parallel double-sided or "V"-shaped
(45-degree maximum angle) shall be considered one structure with each facing
subject to the size requirements established above.
iv. Design Standards.
a) Luminance and Illumination.
i)
With the exception of amber alerts and emergency messages, all digital
billboard light sources must be extinguished from 11:00 pm until sunrise.
ii) May be internally illuminated. In no instance will external illumination be
allowed.
iii) From sunset to 11:00 pm, the following illumination standards apply to all
digital billboards:
b) Luminance. The luminance of all digital billboards must not exceed 0.3 footcandles
over ambient lighting conditions when measured at the recommended distance,
based on the digital billboard’s size, using the formula in subsection iv.c).i below.
c) Illuminance.
i)
The illuminance of a digital billboard must be measured with an illuminance
meter set to measure foot-candles accurate to at least two decimals.
Illuminance shall be measured with the digital billboard turned off, and again
with the digital billboard displaying a white image for a full color capable digital
billboard, or a solid message for a single-color or multi-color digital billboard.
All measurements shall be taken perpendicular to the face of the digital
billboard at a distance determined by the following formula:
Measurement Distance = √ (Area of Digital Billboard in sq. ft. × 100)
ii) The difference between the off and solid-message measurement shall not
exceed 0.3 foot-candles.
iii) Must be equipped with a sensor or other device that automatically determines
the ambient illumination and programmed to automatically dim according to
ambient light conditions, or that can be adjusted to comply with the 0.3 foot-
candle measurements.
d) Conflict Resolution. In the event of a conflict between subsections b) and c) above,
the most restrictive standard shall prevail.
e) Designers and installers of digital billboards must ensure that the most efficient and
modern technology is utilized in order to increase operational efficiency and to
reduce power consumption.
f)
Messaging.
i)
Digital billboards must be programmed so that one static message or image is
displayed at all times or if multiple static messages or images are displayed, the
sign changes no more than once every eight seconds.
ii) No video, effects of movement, blinking, animation, scrolling, flashing, or
similar effects in the individual static digital message or in the transition
between messages are allowed. The transition time between messages must
be instantaneous.
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iii) Digital billboards must contain a default design that will freeze the device on a
single message or shut down if a malfunction occurs. If the ambient light meter
fails, the digital billboard shall immediately shut down.
iv) Digital billboards must not simulate or imitate a directional, warning, danger, or
informational sign if it is likely, at the discretion of the City Engineer, to be
mistaken for any authorized traffic signal or device or any such permitted sign,
or it is intended or likely to be construed as giving warning to traffic, such as by
the use of the words "stop" or "slow down."
g) Architecture.
i)
The billboard support pylon must be clad in high-quality masonry or other
durable, quality materials. The pylon shall be designed to a high architectural
standard and if located within an existing development, the support pylon shall
be designed to meet or exceed the architectural standards within the
development.
ii) "Buckeye," "Buckeye, AZ" or the City logo shall be integrated into the pylon
design. The text/logo shall be constructed of dark-colored metal or other
durable, fade-resistant material and halo illuminated.
h) Approval. In addition to the issuance of a Sign Permit, all digital billboards require
site plan approval in accordance with Section 8.9, Site Plan Review.
i)
Conversion of Existing Billboards to Digital Billboards. Existing non-digital
billboards in existence prior to the adoption of the effective date are permitted to
continue in use and may be eligible for conversion to a digital billboard subject to
the standards outlined in this Section. If an existing non-digital billboard is
converted to a digital billboard, the Arizona Department of Transportation must be
notified of the conversion.
5.
Signs Placed Along Freeway frontages.
a. Freeway-oriented identification signs are limited along freeway frontages to one
identification sign per property or unified development with a maximum height of 65 feet
and a maximum sign area of 250 square feet per side. A maximum sign area of 500 square
feet per side is allowed for multi-tenant nonresidential developments or if included within a
CSP.
b. Two signs are allowed for properties or unified developments which are 30 acres or larger in
size.
c.
A separation distance of minimum 500 feet is required between any freeway-oriented signs
located on the same side of the freeway.
d. For all freeway-oriented identification signs an ADOT permit or authorization must be
obtained prior to the issuance of a Sign Permit.
F.
Downtown Sign Standards.
1.
Signage. Signs are an essential element that defines the character of a Downtown Area. They are
the initial communication between a business and a customer. As such, they must be attractive,
easy to read and complement the architecture of the building, while providing adequate
identification of the business. The City's desire is to encourage unique and distinctive signage
Downtown which may not be found or allowed in other areas.
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2.
Standards and Guidelines—General. The following types of signs are allowed in the Downtown
Overlay District (DOD), in compliance with the issuance of a Sign Permit and in compliance with
the established standards and guidelines in this Section. Signs proposed outside of the DOD must
comply with the sign standards established in this Section as applicable based on the underlying
base zoning district.
a. General. Standards for awning signs are included in Table 5.12-4, Standards for Awning
Signs, except that an awning sign must not obstruct sidewalks, required accessible paths of
travel, or the visibility of other signs.
i.
Encourage the use of signs that reflect the pedestrian scale of Downtown.
ii.
Signage may have the capability of being illuminated in the evening, although the source
of light must be hidden or shielded from the direct view of motorists or pedestrians.
However, neon and LED signs are allowed.
iii. The letters on a sign must not occupy more than 75 percent of the sign panel area.
iv. Building numbering is required and the location and size shall be approved by the Fire
Department.
v.
Signage must not be located in any sight visibility lines (Refer to subsection 5.12.4.A.7).
vi. Freestanding signs are not permitted, unless part of an approved CSP.
b. Awning Signs. Standards for awning signs are included in Table 5.12-4, Standards for Awning
Signs, except that an awning sign must not obstruct sidewalks, required accessible paths of
travel, or the visibility of other signs.
c.
Blade Signs. Standards for blade signs are included in Table -5, Standards for Blade Signs and
as provided below:
i.
Up to 12 square feet of blade signs are not included in the total allowable business sign
area.
ii. Creatively shaped and designed blade signs are encouraged.
d. Canopy Signs. Standards for canopy signs are included in Table 5.12-6, Standards for Canopy
Signs.
e. Roof-Mounted Signs. Standards for roof-mounted signs must comply with the following
standards:
i.
Only allowed on both sides of Monroe Avenue;
ii. Maximum height of the sign above the roofline is six feet; and
iii. A sign height greater than six feet may be approved by the Zoning Administrator taking
into consideration the height of a pre-existing historic sign.
f.
Wall Signs. Standards for wall signs are included in Table -9, Standards for Wall Signs, except
as provided below:
i.
Cabinet signs are prohibited. Individual pan-channel letter signs, reverse pan channel
letter signs, and signs manufactured from metal, wood, etc. are allowed.
ii. Wall signs must fit proportionally with the building massing and architectural features of
the building elevation on which the sign is placed.
iii. Wall signs facing property designated for residential use in the General Plan must not
exceed six square feet in area and must not be illuminated.
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g. Window Signs. Standards for window signs are included in Table -10, Standards for Window
Signs, and as provided below:
i.
Web addresses and telephone numbers are encouraged on windows.
ii. Paint on windows is prohibited except during the promotion of temporary holiday
events/sales which are limited to a maximum of 30 consecutive days with 15 days
between promotions and must not be painted for more than 180 days a year.
iii. Letter in window signs are recommended to be a minimum of six inches in height.
iv. Window signage may cover a maximum of 25 percent of the total window area on the
building.
v. A letter color that is in high contrast from shadows created by the store display is
recommended.
i.
Portable and Temporary Signs. Standards for portable and temporary signs are included in
Section 5.12.7: Standards for Portable and Temporary Signs, and as provided below:
i.
Limited to one A-frame sign per business or tenant per public street frontage.
ii. Off-Site A-Frame Signs. A-frame signs may be placed off-site if all of the following
standards are met:
(a) Written approval of the property owner of record for the property where the sign is
to be located must be obtained; and
(b) A Site Plan or illustration depicting the location of the off-site A-frame sign must be
submitted and approved by the Zoning Administrator prior to the placement of the
sign.
5.12.7. Standards for Portable and Temporary Signs.
A.
Purpose. The proliferation of portable and temporary signs is a distraction to the traveling public and
creates aesthetic blight and litter that threatens the public’s health, safety, and welfare. In addition to
the purpose provisions of Section 5.12.1, Purpose, these regulations ensure that portable and
temporary signs do not create a distraction to the traveling public by eliminating the aesthetic blight
and litter caused by these signs.
B.
General. Portable and temporary signs are allowed only in compliance with the provisions of this
Section.
1.
Permits.
a. Portable Signs. No permits are required to place or display portable signs, except that
approval from the Public Works Director as described in Article 19-2, Encroachment Permits,
is required for portable signs placed within public ROW when buildings are placed up against
the property line (i.e., a zero-foot setback).
b. Temporary Signs. A Temporary Sign Permit is required for all temporary signs (i.e., banner
signs, yard sign type III signs, and balloons and inflatables) except that banner signs installed
for seven days or less and yard sign type II signs are exempt from permitting requirements.
2.
Not Included in Permanent Sign Allowances. Portable and temporary signs are not counted
toward the maximum total sign area established in Section 0, Standards for Permanent Signs.
3.
General Time, Place, and Manner Restrictions.
a. Time Restrictions.
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i.
Portable signs. Refer to Table 5.12-15, Standards for Portable Signs for the time
restrictions for portable signs.
ii.
Temporary signs. Refer to Table 5.12-17, Standards for Temporary Signs for the time
restrictions for temporary signs.
b. Location Restrictions. Unless specifically exempted by this Section, portable and temporary
signs must be placed in compliance with Section 5.12.4.A, Location Restrictions. In zoning
districts with a zero-foot setback, and where portable signs are, therefore, placed in the
public ROW, approval from the Public Works Director is required.
c.
Display Restrictions.
i.
Portable and temporary signs must comply with the display restrictions provided in
Section 5.12.4.B, Display Restrictions.
ii.
Any form of illumination is prohibited on portable and temporary signs, as well as the
use of reflective materials. Attachments including balloons, ribbons, loudspeakers, etc.
are prohibited.
d. Design and Construction. Portable and temporary signs must be of sufficient weight and
durability to withstand wind gusts, storms, etc. and must be professionally crafted.
e. Removal. All portable and temporary signs must be removed within 48 hours after the
conclusion of the purpose served by the sign.
f.
Special Events and Temporary Uses. Special events and temporary uses that are approved
through the issuance of a City Special Event and Temporary Use Permit (SETUP) may have
alternative temporary sign standards approved as a part of the SETUP process. If no
alternative temporary sign standards are approved, the standards in this Section shall apply.
4.
Additional Standards for Portable Signs.
a. Portable signs are allowed in compliance with the provisions in 5.12-15, Standards for
Portable Signs.
Table 5.12-15: Standards for Portable Signs
Standards
Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet
Residential Only Zoning districts or Residential Only Portion of Mixed-Use Zoning districts
Total Area of all Portable Signs at Any One Time
Max. 6 sf per lot or parcel
Number of Signs
Unlimited except that the total sign area must not exceed 6 sf.
Time Limitations
No limitation on the length of time they may be displayed. 2 additional yard
sign type I signs may be displayed for any consecutive 120-day period twice
within the calendar year.
All Other Zones
Total Area of All Portable Signs at Any One Time
Max. 9 sf per business.
Excludes the area of window signs.
Number of Signs
Unlimited except that the total sign area of all temporary signs (excludes the
area of window signs) must not exceed 9 sf per business.
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Time Limitations
No limitation on the length of time they may be displayed, except as provided
in this Section.
2 additional yard sign type I signs per business may be displayed for any
consecutive 120-day period twice within the calendar year.
5.
Standards for Specific Portable Sign Types. Portable signs must comply with the standards
provided in Table 5.12-16, Standards for Specific Portable Sign Types. Refer to A.R.S. § 16-1019
for additional regulations specific to political signs.
Table 5.12-16: Standards for Specific Portable Sign Types
Portable Sign Type
Standards
Other Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet
Portable Sign Type 1
Height
(Max.)
Width (Max.) Area
(Max.)
Other Requirements
A-Frame or Upright Sign
4 ft
3 ft
8 sf
If advertising a business, only
permitted during regular
business hours.
Placement must allow for
min. 3 ft pathway to all
building entrances.
Max. height and area includes
riders (max. 6” tall by 24”
wide) placed on top of the
sign.
Window Sign
―
―
See End
Note 2
Max. Height:
Placed no higher than first
story windows. Inside
mounting required.
Not included in the total sign
area for all portable signs.
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Table 5.12-16: Standards for Specific Portable Sign Types
Portable Sign Type
Standards
Other Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet
Portable Sign Type 1
Height
(Max.)
Width (Max.) Area
(Max.)
Other Requirements
Yard Sign Type I
4 ft
2 ft
3 sf
Installation Requirement:
Installed securely in the
ground.
Feather Banner 3
12 ft
--
16 ft
Installation Requirement:
Installed securely in the
ground or has a stable
weighted base.
Must not interfere with
pedestrian or vehicular traffic.
End Notes:
1 Other nonpermanent sign types may be allowed (e.g., fuel pump topper signs, wraps around waste receptacles, or balloon bobbers
(max. height of tether or support is 3 ft) provided the aggregate sign area of these signs is max 20 sf.
2 The area of temporary and permanent window signs combined (including signs constructed of perforated vinyl or painted on the
window) must not exceed 40% of the area of the window on or within which they are displayed.
3 Max. three feather banners per business.
6.
Sign Walkers. To promote pedestrian and traffic safety, sign walkers are subject to the following
time, place, and manner restrictions:
a. A Sign Permit is not required for a sign walker;
b. Sign walkers are only allowed in the commercial and industrial zoning districts and
commercial and industrial areas with PAD;
c.
Sign walkers are permitted to stand on a sidewalk provided pedestrian movement is
unimpeded in conformance with applicable provisions of the Americans with Disabilities Act
(ADA);
d. Sign walkers are prohibited from standing in the median of streets, in travel lanes,
landscaped areas, curb ramps at crosswalks, and unimproved ROW areas. Sign walkers may
not interfere with traffic or block pedestrians or bicyclists;
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e. A business is only allowed to use a sign walker for up to 10 consecutive days in any 30-day
period and there must be at least a 20-day period before the commencing of another 10-day
period;
f.
Sign walkers are permitted only from 8:00 am to 8:00 pm;
g. Sign walker signs must not exceed 10 square feet in the area;
h. Spinning, waving, throwing the sign in the air, or any other similar erratic movements
intended to attract attention is prohibited; and
i.
Sign walker signs that include any of the following are prohibited:
i.
Audio devices to attract attention;
ii.
Any form of illumination, including flashing, blinking, or rotating lights; and
iii. Animation on the sign itself.
7.
Additional Standards for Temporary Signs. Temporary signs are allowed in compliance with the
provisions in Table 5.12-17, Standards for Temporary Signs.
Table 5.12-17: Standards for Temporary Signs
Standards
Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet
Residential Zoning districts or Residential Only Portion of Mixed-Use Zoning districts
Number of Signs
Yard sign type II: Max. 1 sign per street frontage.
Yard sign type III: Max. 1 sign per street frontage for multi-family
residential uses only.
Banner sign: Prohibited, except as provided below.
Time Limitations
Yard sign type II and type III: No limitation on the length of time they
may be displayed.
Banner sign: 1 banner sign max. 8 sf in area may be displayed for any
consecutive 120-day period twice within the calendar year.
All Other Zoning districts
Number of Signs
Yard sign type II and type III: Max. 1 sign per street frontage. Banner
sign: Max. 1 banner per street frontage per business.
Time Limitations
Yard sign type II and type III: No limitation on the length of time they
may be displayed.
Banner sign: 1 additional banner sign (or up to 4 banners, max. 8 sf
each) per lot or parcel may be displayed for any consecutive 120-day
period twice within the calendar year.
8.
Standards for Specific Temporary Sign Types. Temporary signs must comply with the standards
provided in Table 5.12-18, Standards for Specific Temporary Sign Types.
Table 5.12-18: Standards for Specific Temporary Sign Types
Temporary Sign Type
Standards
Other Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet
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Table 5.12-18: Standards for Specific Temporary Sign Types
Temporary Sign Type
Standards
Other Requirements
Temporary Sign Type
Height (Max.)
Width
(Max.)
Area
(Max.)
Other Requirements
Banner Sign
Multi-story buildings:
placed in the space
between first and
second stories
Single-story buildings:
placed below top of the
parapet
6 ft
32 sf
Prohibited in single- family
residential zoning districts
except as allowed in Table
5.12-17, Standards for
Temporary Signs.
Must be mounted on a
building wall or between
columns, posts, or stakes
anchored securely into the
ground. Ventilation flaps are
required if the banner is not
mounted on a building wall.
Yard Sign Type II
6 ft
2 ft
4 sf
Installation Requirement:
Installed securely in the
ground.
Yard Sign Type III
7 ft
6 ft
24 sf
Prohibited in single- family
residential zoning districts.
Installation Requirement:
Installed securely in the
ground.
9.
Balloons and Inflatables.
a. Airborne ballons are only allowed in nonresidential zoning districts subject to the following
standards:
i.
Must not exceed the allowed building height for the zoning district in which the business
is located. Must not occupy or infringe upon any required parking spaces.
ii.
Must be securely tethered or anchored to the ground and shall not be affixed or
attached to any light poles, traffic signals, street signs, or other public safety device.
iii. Must not be attached to the roof of the building.
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b. Inflatables are only allowed in nonresidential zoning districts subject to the following
standards:
i.
Must not exceed 30 feet in height measure from the ground surface to which it is
tethered.
ii.
Must be securely tethered or anchored to the ground and shall not be affixed or
attached to any light poles, traffic signals, street signs, or other public safety device.
iii. Must not interfere with pedestrian and vehicular circulation patterns as approved by
the City.
iv. Must not be attached to or placed upon the roof of the building.
10. Temporary Model Home Complex/Active Residential Development Signs.
a. Temporary model home complex/active residential development signs are allowed in all
residential zoning districts and for residential developments in the mixed-use zoning districts
subject to the standards provided in Table 5.12-19, Standards for Temporary Model Home
Complex/Active Residential Development Signs in All Residential Zones.
b. Model home signs must be included with the site plan application packet to be reviewed and
approved for the model home complex.
Table 5.12-19: Standards for Temporary Model Home Complex/Active Residential Development Signs
in All Residential Zoning Districts
Standards
Requirements
“ft” = Feet; “lf” = Linear Feet; and “sf” = Square Feet
Temporary Model Home Complex Signs
Sign Area
Max. 72 sf per side
Sign Height
Max. 14 ft
Sign Width
Max. 8 ft
Number of Signs and Sign
Placement
1 sign per model home complex located within the boundaries of the model home
complex.
Must be located adjacent to a collector or arterial roadway.
Must not be located in public ROW.
Illumination
Non-illuminated
Other Requirements
All signs must be removed upon the close of escrow of the last lot in the subdivision or
upon cessation of use, whichever comes first.
Other Temporary and
Portable Signs Allowed
Max. 1 yard sign type II, max 6 ft in height and 4 ft in area is allowed per lot within the
subdivision where lots are offered for sale. Max. of 12 sf of portable or temporary
signage per lot within the subdivision where lots are offered for sale.
1 flagpole, max. 45 ft in height with max. 2 flags placed within the boundaries of the
model home complex. The flagpole may be located within the building envelope or in
the required front yard of a lot, but not in a required rear or side yard. Flags may be
illuminated.
2 flagpoles, max. 25 ft in height with max. 1 flag per flagpole for each lot within the
boundaries of the model home complex. The flagpoles may be located along the
boundaries of the model home complex. Flags may be illuminated.
1 non-illuminated banner sign, max. area of 32 sf.
4 non-illuminated feather banners are allowed for each lot, max height 12 ft and max.
area 16 sf within the boundaries of the model home complex.
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Table 5.12-19: Standards for Temporary Model Home Complex/Active Residential Development Signs
in All Residential Zoning Districts
Standards
Requirements
Other Signs Allowed
1 non-illuminated awning sign placed on the sales office building. Refer to Section
5.12.6.C.1 for additional standards.
1 externally illuminated or internally illuminated wall sign max. 4 sf in area placed on
the wall of the sales office building.
Required public safety/regulatory/construction related signs are exempt from these
requirements.
Temporary Active Residential Developments – Perimeter Signs 1
Sign Area
Max. 48 sf per side 2
Sign Height
Max. 10 ft 2
Number of Signs and Sign
Placement
1 sign per primary entrance.
Max. 2 signs per arterial or collector street frontage within the approved preliminary
plat boundary, provided signs are spaced min. 0.5 miles apart.
Must not be located in public ROW.
Written authorization from the property owner is required.
Illumination
Non-illuminated
Other Requirements
Must be removed within 90 days of issuance of the Certificate of Occupancy of the last
lot in the subdivision, or within 30 days of closure of the sales office, whichever comes
first.
Temporary Active Residential Development – Flagpoles
Flagpole Height
Max. 25 ft
Number of Flags and Flag
Placement
A series of flagpoles min. 100 ft. apart are allowed.
Must only be placed within an open space tract or landscape tract adjacent to a
collector or arterial roadway. Prohibited adjacent to any local street.
Must not be located in public ROW.
Illumination
Non-illuminated.
Other Requirements
Must be removed upon the close of escrow of the last lot in the subdivision or upon
cessation of use, whichever comes first.
End Note:
1 These are yard sign type III signs as described in Table 5.12-18, Standards for Specific Temporary Sign Types except
that they are subject to different dimensional standards.
2 For developments greater than 150 acres, sign area and height may be increased to 96 sf and 16 ft for 1 sign per
perimeter arterial street frontage.
5.12.7. Nonconforming Signs.
A.
Purpose. This Section establishes regulations for nonconforming signs that were lawful before the
adoption or amendment of this Section, but which would be prohibited, regulated, or restricted
differently in compliance with the current regulations. These provisions provide for the orderly
termination of nonconforming signs to promote the public health, safety, and general welfare, and to
bring nonconforming signs into conformity with the goals and policies of the City's adopted General
Plan. In recognition of these declarations, it is the intent of this Section to:
1.
Prevent the expansion of nonconforming signs to the maximum extent feasible;
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2.
Establish criteria under which nonconforming signs may be continued or expanded; and
3.
Provide for the correction or removal of nonconforming signs in an equitable, reasonable, and
timely manner.
B.
Applicability. Nonconforming signs may be maintained, expanded upon, and/or abated only in
accordance with the provisions of this Section. In no event will the degree of nonconformity of any
sign or type of signage on any lot be increased. Illegal signs, such as signs installed without a required
Sign Permit, are not considered to be nonconforming signs.
C.
Signs Rendered Nonconforming. Any sign which becomes nonconforming subsequent to the effective
date of these regulations either by reason of the annexation to the City of the territory upon which the
sign is located, or the amendment of this Section to render a sign nonconforming, shall also be subject
to the provisions of this Section.
D.
Modification and Maintenance.
1.
No nonconforming sign shall be altered in any manner, reconstructed, or moved without being
made to comply in all respects with the provisions of this Section. Nothing in this Section shall
prohibit the normal upkeep or repair of any sign; changes to the sign face or copy of an existing
multi-tenant sign from one business to another with no structural or lighting modifications to the
signs; nor the painting or repainting of the face of the sign, during its lawful existence.
2.
Nonconforming signs are required to be maintained in good condition in compliance with Section
5.12.5.E, Sign Maintenance. Maintenance of legal nonconforming signs shall be consistent with
applicable state law. Nothing in this Section shall affect existing property or the right to its
continued use for the purpose used at the time this Section takes effect, nor to make any
reasonable repairs or alterations.
3.
A legal nonconforming sign that has been damaged to the extent of more than 50 percent of the
appraised value of the sign structure or is temporarily or permanently removed by any means,
including "an act of God,” shall be removed or rebuilt, repaired, or replaced only in compliance
with the provisions of this Section if an application for a Sign Permit to re-erect the sign is made
within 6-months of its destruction.
E.
Signs Previously Approved. Any sign erected and installed in compliance with a Sign Permit lawfully
issued by the City prior to the effective date of this ordinance shall be treated as a conforming sign. All
signs determined to be conforming signs may be continued, maintained, and repaired so long as the
sign is not structurally altered or expanded.
F.
Removal or Replacement of a Nonconforming Sign. Removal of a nonconforming sign, or replacement
of a nonconforming sign with a conforming sign, is required except for designated landmark signs,
when:
1.
A building is renovated, and the cost of the renovation is 50 percent or more of the value of the
building as determined by the Building Official or the building is demolished and rebuilt; or
2.
The use of the sign and/or the property on which the sign is located has been abandoned, ceased
operations, become vacant, or been unoccupied for a period of 90 consecutive days or more as
long as the period of non-use is attributable at least in part to the property owner, tenant, or
other person or entity in control of the use. For the purposes of this Section, rental payments or
lease payments and taxes shall not be considered as a continued use. In the event this should
occur, such conditions will be considered as evidence of abandonment, requiring removal of the
sign by the owner of the property, his/her agent, or person having the beneficial use of the
property, building or structure upon which such sign or sign structure is erected within 30 days
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after written notification from the Zoning Administrator. If, within the 30-day period, such sign(s)
is (are) not removed, enforcement action shall be pursued.
G.
Incentive for Replacement of a Nonconforming Freestanding Sign. As an incentive for the
replacement of a nonconforming freestanding sign that exceeds the maximum height and area
standards established in this Section with a new sign that is in closer conformance with the area and
height standards for freestanding signs of Section 5.12.6.D, Specific Standards for Permanent
Freestanding Signs.
1.
A new freestanding sign may be approved and erected that is reduced in height and area by 10
percent of the existing nonconforming sign, or the area and height standards for freestanding
signs established in Section 5.12.6.D, Specific Standards for Permanent Freestanding Signs,
whichever is larger. The replacement freestanding sign must be a type authorized in subsection
5.12.6.D.
2.
The new replacement sign must be located in the same place as the former nonconforming sign,
unless it would be located in an SVT or similar location where freestanding signs are prohibited
(Refer to Section 5.12.4.A.7), in which case it may be placed as close as possible to its original
location and still satisfy the requirements of this Section. Any nonconforming sign modified in
compliance with the provisions of this Section will still be considered a nonconforming sign until
full compliance with the area and height standards of Section 5.12.6, Standards for Permanent
Signs has been achieved.
H.
Abatement. Abatement of nonconforming signs must be accomplished in the following manner:
1.
Signs painted on buildings, walls, and fences must be painted over in such a manner that the sign
is no longer visible. The new painting must be applied so that the sign area blends with and is
compatible with the color scheme of the building.
2.
All other signs not otherwise specified by this Section must be removed or altered to cause it to
conform with the provisions of this Section.
I.
Maintenance.
1.
Nonconforming signs are required to be maintained in good condition in compliance with the
sign maintenance provisions of Section 5.12.5.E., Sign Maintenance of legal nonconforming signs
must be consistent with applicable Arizona law. Nothing in this Section affects an existing sign or
the right to its continued use for the purpose used at the time this Section takes effect, nor the
right to make any reasonable repairs or alterations within the existing sign envelope.
2.
A legal nonconforming sign that has been damaged to the extent of more than 50 percent of the
appraised value of the sign structure or is temporarily or permanently removed by any means,
including "an act of God,” must be removed or rebuilt, repaired, or replaced only in compliance
with the provisions of this Section.
5.13. DISTRICT-SPECIFIC DEVELOPMENT STANDARDS
5.13.1. Rural Districts.
A.
Sidewalks. Sidewalks are not required. Bridle paths, trails, and similar types of improvements are
encouraged where appropriate.
B.
Lighting. Street lighting is not required. For safety reasons, lighting may be required at all major
intersections. Lighting on private property shall be in compliance with Section 5.11, Exterior Lighting.
C.
Fencing. Project fencing adjacent to public streets shall be required. An open design, such as split rail
fencing, is encouraged. The design of fencing shall be consistent and compatible with all other types of
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fencing allowed. Along any property line not adjacent to a public street, fencing is optional.
Notwithstanding Section 5.4.6, Fences, Walls, and Screening, higher fencing in front setback areas may
also be allowed if deemed appropriate.
D.
Natural Vegetation. All lots containing natural (undisturbed) desert vegetation are not to be graded,
disturbed, or cleared beyond the identified building envelope in the initial construction of a
subdivision.
E.
Drainage. Natural drainage areas outside of designated building envelopes must be preserved. Care is
to be taken when establishing the building envelope to locate outside existing drainage areas. A natural
drainage area is within 25 feet of where water collects or drains in the course of a storm event.
5.13.2. Mixed-Use Districts.
A.
General Standards for NMU, CMU, and RMU Districts.
1.
Street Design and Character.
a.
Street Tree/Furniture Area. Along all frontages within these districts, a street
tree/furniture zone shall be provided supplementing any required sidewalk. The zone shall
feature a minimum width of six feet and shall either be continuous and located adjacent to
the curb, or continuous and located adjacent to the back of sidewalk. The area shall be
planted with street trees with a spacing based on the mature canopy width of the tree
species selected. The area also is intended for the placement of street furniture including
seating, waste receptacles, newspaper vending boxes, bicycle racks, and similar elements,
and may also be utilized for infrastructure elements, such as streetlights, fire hydrants,
traffic signs, bus shelters, and public utility equipment (e.g., electric transformers and
water meters) in a manner that does not obstruct pedestrian access or motorist visibility,
or appropriate light levels, subject to applicable requirements of this Development Code.
b.
Supplemental Zone. A supplemental zone may be provided at the option of the applicant
between the street-facing façade and the required street tree/furniture area and sidewalk,
to provide additional areas for outdoor dining, porches, terraces, landscape and water
features, and plazas. A supplemental zone, if provided, may be a maximum of 20 feet deep
and may extend up to 30 percent of the linear frontage of the development. The
supplemental zone shall not provide any parking or vehicle circulation areas.
c.
Building Placement. At least 75 percent of the building façade facing a public street shall
be brought up to the edge of the street tree/furniture area or sidewalk, whichever is
nearer, or supplemental zone if provided.
d.
Sidewalk Entries. Sidewalk entries to buildings shall occur at a maximum of every three
ground level units or 75 feet for retail/commercial frontages.
e.
Utilities. Transformers, switchgear, and related utility service equipment shall not be
located above-ground in pedestrian access easements. Building service panels are to be
located to the side or rear of buildings, in a location not readily visible to pedestrians, or on
the inside of all buildings.
f.
Paving. Paving is intended to highlight or accentuate special areas along the ground plane
while at the same time complementing the design of adjacent building and streetscape
elements.
i.
Sidewalk Paving. Sidewalk paving along the mixed-use development primary
streets and secondary streets shall include accents areas of pavers or stamped
concrete comprising a minimum of 30 percent of the paved walkway surface. All
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sidewalk paving shall be installed over a subgrade consistent with the Engineering
Design Standards and shall be maintained by the adjacent property owner.
2.
Pedestrian Amenities. Ground-floor façades that face public streets or other public areas (e.g.,
outdoor gathering spaces, parks or open space, parking areas) shall incorporate pedestrian-
oriented design features along no less than 60 percent of their horizontal length. Pedestrian-
oriented design features may include arcades, display windows, entryways, awnings, or other
features approved by the Zoning Administrator. Shaded sidewalks required by this Development
Code that are part of the building design may be credited toward this standard.
3.
Use Mix. Development on properties in the RMU, CMU, and NMU districts shall feature a
relatively proportionate mix of residential and nonresidential uses, with the total floor area
devoted to residential or nonresidential uses not to exceed 70 percent of the project’s total floor
area, unless the Zoning Administrator determines that based on existing development patterns
on surrounding properties, a greater percentage of either residential or nonresidential would
result in a more appropriate and/or compatible mix of uses.4. Ground-Floor Uses.
a.
Intent. The incorporation of commercial uses such as retail shops and restaurants at the
street level is strongly desired within the mixed-use districts to promote a more active
environment for pedestrians and support residential and office uses located within the
same building (on upper floors) or nearby.
b.
Standards.
i.
Location. Commercial uses shall be concentrated adjacent to transit stops, major
public spaces, and in other areas where a high level of pedestrian activity and
visibility is desirable. If a limited portion of a structure's ground level will be
devoted to commercial space, such space shall be located along those façades
adjacent to or most visible from transit corridors, primary street frontages, or major
pedestrian walkways.
5.
Residential Uses. Residential uses shall be incorporated within a mixed-use development to be
visually and/or physically integrated with nonresidential uses. This shall be achieved by ensuring
that residential uses meet at least two of the following:
a.
Residential uses are vertically located above street-level commercial uses;
b.
Residential uses are horizontally integrated into site development to provide a transition
between the highest intensity uses within the center or development and the adjacent
neighborhood;
c.
No internal block walls are used that separate residential and nonresidential uses from
each other; and
d.
A pedestrian circulation system (i.e., sidewalks, crosswalks, trails, etc.) is provided that
reduces conflict between pedestrian and vehicular movements and increases pedestrian
activity between residential and nonresidential uses. Where uses are horizontally
integrated, connections shall be shaded and illuminated in safe and attractive locations
outside of service areas.
6.
Parking Standards for Mixed-Use Districts. The purpose of parking area requirements is to
ensure that parking areas are not the dominant feature of the mixed-use development. These
requirements restrict on-site surface parking (other than incidental parking in association with
residential development leasing offices or head-in or parallel spaces to support retail uses) and
encourage physical consistency throughout the development, including the appearance of
parking garages. s The following standards apply:
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a.
Allowable Parking. Parking areas are encouraged to be provided in structures or below-
grade, with the exception of on-street parking and minimal surface parking areas to
support retail uses or stand-alone restaurants. In no instance shall a development in these
districts provide more than the minimum spaces required by this Development Code in a
surface lot; excess parking may be provided if desired, but that additional parking must be
located in structures or below grade. On-street parking shall not be designated per
individual business or occupancy but may count toward the minimum parking
requirements for the entire structure along the adjacent frontage. Parallel parking, head-in
parking along streets, and/or minimal surface parking is permitted subject to approval
through the Site Plan process.
b.
Parking Location. Off-street parking is prohibited between any street and the
corresponding street-facing façade line.
7.
Driveways. Like parking garages, driveways are not intended to dominate the streetscape of a
development. These requirements are intended to promote pedestrian-oriented design that
minimizes conflict with vehicular uses. Curb cuts shall be limited in compliance with the
Engineering Design Standards . Requests for additional curb cuts beyond this amount will be
reviewed and determined based on demonstrated need and safety considerations.
8.
Material and delivery loading areas. Material and delivery service areas, while necessary, are to
be screened as completely as possible from the adjacent streets. The placement of loading or
service areas shall be subject to approval as part of the Site Plan. Refer to Section 5.6, Off-Street
Parking.
9.
Outdoor Gathering Areas and Pedestrian Amenities.
a.
All Site Plans five acres in size or larger shall devote a minimum of two percent of the net
site area to one of the following types of outdoor gathering spaces or pedestrian amenities:
i.
A landscaped private common open space for use of the residents, employees, and
visitors to the development;
ii.
A playground, patio, or plaza with outdoor seating areas, provided such feature has
a minimum depth and width of 10 feet and a minimum total area of 300 square
feet. The area shall include pedestrian amenities to support these places as
gathering areas; or
iii.
A combination of the above-listed amenities.
b.
To the maximum extent feasible, where significant natural and scenic resources exist on a
site, the developer shall give priority to their preservation as an outdoor gathering area to
fulfill the requirements of this subsection.
c.
Outdoor gathering areas shall be located so as to be readily accessible and useable by
residents of or visitors to the development.
d.
The following shall not be counted towards the requirements of this subsection:
i.
Private yards;
ii.
Public or private streets or ROW; and
iii.
Parking areas and driveways for dwellings.
B.
Additional District-Specific Standards for the NMU District. The following district-specific standards
apply to all development in the NMU District.
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1.
Building Footprint. Establishment of single-tenant nonresidential buildings exceeding 5,000
square feet and multiple nonresidential tenant buildings exceeding 15,000 square feet shall
require a Conditional Use Permit (CUP).
2.
No Park/Drive Zone. Parking, drive aisles, and/or drive throughs shall not be permitted between
the building and front/corner yard landscape buffer on the side.
5.13.3. Office. Any retail use may be located in the PO District only within a building that also contains permitted
and related non-retail uses. Such retail uses shall be limited to 30 percent of the gross floor area of the
building. No outdoor storage or merchandise display is allowed.
5.13.4. Downtown Overlay District (DOD).
A.
Lighting. Lighting in the DOD should serve to illuminate façades, entrances, and signage and provide an
adequate level of personal safety while enhancing the aesthetic appeal of the buildings. The following
lighting is allowed:
1.
Standards and Guidelines.
a.
Shielded security lighting is required along service entrances and along alleys for all
commercial buildings.
b.
Ornate or accent lighting that enhances the building or property is required for all
elevations visible to the public.
c.
Roof-mounted signs, where provided, must be illuminated internally or with down lighting.
d.
"Shoebox" site lighting is prohibited. Site lights must be architecturally sensitive to the
building architecture.
e.
Lights may not be exposed beyond the lighting array.
f.
Buildings with a zero-foot setback may have down lighting spill over the property line.
g.
Lighting must be provided under covered awnings or arcades.
h.
All lighting must be in accordance with A.R.S. § 49-1101 et seq.
B.
Building Design and Character.
1.
Building Massing and Form.
a. Buildings must be stepped back a minimum of 10 feet at the third story or higher in the
following instances:
i.
Along all street frontages excluding Monroe Avenue and/or 4th Street; and
ii.
Along lot frontages that abut the Downtown Residential District.
b. Step-backs must be measured from the front façade.
2.
Architectural Style.
a. New buildings should be designed to complement the architectural styles found on historical
buildings in Downtown (e.g., through the use of similar building forms, window proportions,
materials, and other features) without trying to replicate a specific architectural style or
create a false sense of history.
b. Formula architecture typically found on chain businesses is not compatible with the
character of Downtown.
3.
Additions to Historical Buildings.
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a. Additions should be designed to respect the scale, proportions, and design features found on
the historical building and should not fundamentally alter the scale and character of the
block when viewed from the public ROW.
b. Additions should incorporate a similar roof pitch, form, and orientation as the principal
structure.
c.
Additions should be distinguishable as new without distracting from the historical structure.
4.
Building Entrances.
b. a.
Primary building entrances must be clearly distinguished as required by the residential,
commercial, and industrial design standards of this Development Code.Secondary building
entrances are encouraged along north-south alleys designated within the DSAP as
opportunities for alleyway enhancements. These include north-south alleys between 3rd
Street and 4th Street and 5th Street and 6th Street (south of Monroe).
C.
Building Materials. Building materials and color should help establish a human scale and provide visual
interest. The predominant color should be respectful to the architectural style of the building and
compatible with buildings in the Downtown District. These materials are listed in addition to Section
5.8.3.F, Architectural Details, Materials, and Colors.
1.
General Standards and Guidelines. General materials should appear similar to those used
historically.
a.
Primary Building Materials. Primary building materials shall be used for at least 60 percent
but no more than 80 percent of any facade. Appropriate primary building materials include:
i.
Smooth or Santa Barbara finish stucco;
ii.
Brick;
iii.
Striated brick (raked or directional grain brick);
iv.
Adobe block;
v.
Slump block;
vi.
Integral colored concrete masonry unit (CMU), smooth, burnished, or polished
finish (split face should be reserved for use as an accent material only);
vii.
Terra cotta;
viii.
Architectural cast concrete; and/or
ix.
Other materials of equivalent quality as approved by the Zoning Administrator.
b.
Secondary or Accent Materials. In combination, accent materials must be used for at least
20 but no more than 40 percent of any facade. No individual accent material may be used
for more than 20 percent of any facade. Secondary or accent materials include:
i.
High-quality architectural metals including steel;
ii.
Standing seam metal, stamped metal, etc., where the metals are used creatively as
opposed to part of a pre-fabricated building kit. Metals may be approved as a
primary material if part of an exceptional design that furthers the goals for
Downtown design, as determined by the Zoning Administrator;
iii. EIFS;
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iv. Wood, if adequately weather treated, and simulated wood, if the product appears
natural; and/or
v.
Any material from the primary material list above used, in addition to the primary
material selected for the structure.
c.
Prohibited Materials.
i.
Premanufactured buildings and kits.
ii.
Poor quality veneers and other engineered materials that have an unnatural
appearance not reflective of the product they are attempting to simulate.
d.
Transparency.
i.
On all properties designated Downtown Core and Mixed-Use Core as illustrated on
Figure 3.1 (Long-Term Future Land Use Framework Plan) of the DSAP, building
façades facing Monroe Avenue or 4th Street must consist of transparent glazing for
at least 50 percent of the ground floor wall area between two and 10 feet above
grade, and for at least 35 percent of the wall area of upper floors. If a single-story
building has a façade taller than 20 feet, the façade area above 15 feet shall consist
of transparent glazing for at least 35 percent of the wall area of the portion greater
than 15 feet in height.
ii.
Excluding those properties covered in item i. above, building façades facing a public
street must consist of transparent glazing for at least 30 percent of the ground floor
wall area between two and 10 feet above grade, and for at least 20 percent of the
wall area of upper floors. If a single-story building has a façade taller than 20 feet,
the façade area above 15 feet shall consist of transparent glazing for at least 20
percent of the wall area of the portion greater than 15 feet in height.
2.
Building Colors.
a.
Primary colors or other brilliant colors are to be only used as an accent on the building or
for signage.
b.
No more than 10 percent of any commercial building façade may use primary (red, yellow
or blue) or other brilliant non-earth tone paint color.
c.
No commercial building may use paint colors with a light reflective value (LRV) greater than
60, except that shades of white may be provided up to an LRV of 80.
d.
Fluorescent colors are prohibited.
e.
Murals on a building façade or any portion thereof may be permitted on a case-by-case
basis if the mural does not act as a sign or portray a commercial message. Subsections (a)
through (d), above, shall not apply to any approved mural.
D.
Building Orientation. All properties within the Downtown Core and Mixed-Use Core, as illustrated on
Figure 3.1 (Long-Term Future Land Use Framework Plan) of the DSAP, must be designed to
accommodate primary customer access from the adjacent public sidewalks. Buildings which feature a
dual orientation, where customers can access the building/business from the public sidewalk as well as
from on-site parking behind, are also supported.
1. Outdoor loading, service, and refuse areas must be integrated into the building design if possible
or must be located where they are not visible from public open space, public trails, public streets,
or from adjacent properties, to the maximum extent possible.
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E.
Landscape/Shading. Landscaping/shading treatments should be used to enhance the pedestrian
experience and complement architectural features.
1.
Buildings with a zero-foot front setback have no minimum landscape requirement.
2.
Unless existing site conditions limit on-site landscaping, all property must meet the standards
provided in Section 5.4.3, Landscaping Required, of this Development Code.
3.
On all properties within the Downtown Core and Mixed-Use Core, as illustrated on Figure 3.1
(Long-Term Future Land Use Framework Plan) of the DSAP , awnings, canopies and/or covered
arcades are required on street-adjacent sides of a building, to extend at least 50 percent of the
length of the building. For all other locations, awnings, canopies, and/or covered arcades are
encouraged. An awning or covered arcade may be allowed in public ROW with an encroachment
permit.
a.
Awnings and canopies must have a minimum five-foot projection from the building and a
maximum of 10 feet unless additional projection is required to cover the adjacent public
sidewalk.
b.
Covered arcades and covered walkways must extend to the edge of sidewalk on buildings
with a zero-foot setback.
F.
Screening. Screening of mechanical equipment is used to keep an area aesthetically appealing to
residents and visitors of homes and businesses. Downtown has a mix of uses with no traditional
suburban-style development buffering. This unique situation makes the need for screening mechanical
equipment from the public view essential.
1.
Roof-Mounted Mechanical Equipment.
a. Roof-mounted mechanical equipment must be screened by a parapet wall or similar feature
that is an integral part of the building’s architectural design.
b. The parapet wall or similar feature must be sufficient to screen the mechanical equipment
from all sides when viewed from the sidewalk directly across the street.
c.
Facilities for the operation of active or passive solar energy systems and other alternate
energy systems are exempt from the screening requirements.
2.
Ground-Mounted Mechanical Equipment.
a.
Outdoor ground-mounted mechanical equipment (e.g., subpanels, air conditioners, heating,
cooling and ventilating equipment, kitchen hoods and vents, swimming pool equipment,
pumps and heaters, propane tanks), and all other mechanical equipment must be located
where it is not visible from public open space, public trails, public streets (including
alleyways), or from adjacent properties to the maximum extent practicable. In cases when
ground-mounted mechanical equipment is visible from a public open space, public trail,
public street, or adjacent property, the equipment must be screened from view by a solid
wall or fence or a vegetative screen that satisfies the following criteria:
i.
The wall or fence must be of a height equal to or greater than the height of the
mechanical equipment being screened and must be compatible with the architecture
and landscaping of the development; or
ii.
The vegetative screen must be planted along the full length of the equipment to be
screened and must be of a height equal to or greater than the height of the equipment
to be screened at the time of planting.
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b. Screening of ground-mounted solar energy equipment is not required when it can be clearly
demonstrated that required screening would reduce the efficiency or effectiveness of the
solar energy equipment.
G.
Setbacks. Downtown is comprised of many different plats and lots. Some plats have implied setbacks,
while others have recorded standards. Some commercial buildings were developed by previous or
historic standards. Due to such pre-existing conditions, there is no uniform standard for commercial or
residential setbacks.
1.
Commercial.
a. On all properties within the Downtown Core and Mixed-Use Core, as illustrated on Figure 3.1
(Long-Term Future Land Use Framework Plan) of the DSAP , the maximum building setback
shall be eight feet, except that restaurants and similar uses that provide integrated space for
outdoor dining may be set back up to 30 feet if the outdoor dining area extends from the
front face of the building to within eight feet or nearer of the street adjacent property line.
In instances where a PUE is provided directly adjacent to street, the maximum building
setback can be increased to 12 feet to allow for provision of landscaping by the Zoning
Administrator.
b.
For all other commercial properties, the maximum building front setback is calculated using
the average of the two adjacent building front setbacks.
2.
Residential. Setbacks should reflect the existing streetscape by considering the location of other
buildings on the block. An appropriate setback can be determined by averaging the front façades
of the buildings on a block. Unlike a more suburban setting, the primary building façades should
be located parallel to the street. Refer to Figure 5.7-A, Example of Contextual Front Building
Setback.
H.
Parking. Downtown does not have contemporary suburban commercial and residential development.
In an area that has established uses, not every commercial building has available space for parking.
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What makes Downtown unique is the availability of on-street and common off-street public parking
and pedestrian activity.
1.
If on-site parking is utilized, the parking shall be designed to the rear or sides of the building.
Parking within a front setback area shall be prohibited. Parking to the side of any building, visible
from the ROW, shall be limited to one aisle with a single row of spaces on each side.2.
If
traditional parking is not feasible, please refer to Section 5.6.7., Parking Alternatives, of this
Development Code.
3.
Sole on-street parking may be utilized if the number of on-street parking spaces within 600 feet
of the use meets or exceeds the minimum parking required for the use.
4.
The visual impact and presence of vehicles shall be minimized by siting parking areas to the rear
or interior of the property rather than along street frontage, providing underground and
structured parking, and screening parking areas from views both interior and exterior to the site.
5.
On-site loading spaces are not required.
6.
If off-site parking is provided (not including on-street or City-owned public parking lots), refer to
Section 5.6.7, Parking Alternatives.
I.
Use-Specific Requirements.
1.
Child Care Facilities. Within the Downtown Core, child care facilities must be located above the
ground floor nonresidential uses or at the ground floor of a building that does not front onto
Monroe Avenue.
2.
Drive-Through Uses.
a.
Where permitted, any proposed/new drive-through use must be located a minimum of
1,320 feet of the nearest existing drive-through on the same side of the street, measured
from nearest building wall to nearest building wall.
b.
No parcel to be developed with a drive-through use shall share a property line with a parcel
developed with a single-family residence.
c.
The drive-through must be visually minimized. The design focus of any business with a
drive-through must first be on accommodating pedestrians utilizing the adjacent public
sidewalk. From the perspective of the adjacent street, it should not be readily apparent
that the business features a drive-through component.
d.
No drive-through lane or drive aisle may be located between the building's front, street-
facing façade and the public sidewalk.
e.
All drive-through menu boards, speaker boxes, or other features inherent to drive-through
uses must be fully screened from adjacent streets.
3.
Dwelling, Live/Work.
a.
The residential component of the unit must be located above or behind the nonresidential
areas of the structure, and the residential living space must be occupied by the owner of the
nonresidential activity or the owner’s employee, including that person’s household.
b. The nonresidential activity area may not exceed 50 percent of the gross floor area of the
unit.
4.
Food Truck Court.
a. Food truck courts must provide, at a minimum, permanent restroom facilities, drinking
fountains, trash and recycling receptacles, shade, and seating.
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b. Recreational or entertainment activities, such as playground equipment or live music, may
be provided on-site.
c.
All portions of a food truck court site used for parking (of customer vehicles or food trucks)
and/or circulation must be an approved paved surface.
5.
General Retail. Free-standing retail with single-users over 10,000 square feet and group-users
over 50,000 square feet require approval of a CUP.
6.
Mini-Storage and Gas Station Uses.
a.
Where permitted, any proposed/new mini-storage facility or gas station within the DOD
must be separated from the nearest existing storage facility or gas station by a minimum of
2,640 feet, measured from nearest property line of the proposed use to the nearest
property line of the closest existing use.
b.
The 2,640-foot separation requirement is inclusive and applies to gas stations from other
gas stations, gas stations from mini-storage facilities, and mini-storage facilities from other
mini-storage facilities.
c.
The required separation applies to any proposed/new gas station or mini-storage facility
within the DOD from any other existing mini-storage facility or gas station, whether located
within or outside of the DOD.
7.
Multi-Family Dwellings.
a.
On all properties within the Downtown Core or Mixed Use Core, as illustrated on Figure 3.1
(Long-Term Future Land Use Framework Plan) of the DSAP, multi-family residential uses
(including leasing offices and ancillary resident spaces such as fitness centers), where
permitted, may not occupy more than 40 percent of the linear frontage of any building
façade directly adjacent to 4th Street or Monroe Avenue, if applicable.
b.
There shall be no restriction on ground floor multi-family use of any building façades not
facing 4th Street or Monroe, or any limitation on use of upper floors for multi-family
residential use.
8.
Outdoor Dining.
a.
Any building constructed prior to January 1, 2024, shall maintain a minimum six-foot-wide
continuous sidewalk free from any seating, furnishings, or other obstructions adjacent to
any street frontage.
b.
Any building constructed after January 1, 2024, shall maintain a minimum ten-foot-wide
continuous sidewalk free from any seating, furnishings, or other obstructions adjacent to
any street frontage.
c.
Required sidewalk width may be located within the public ROW, on private property within
a dedicated sidewalk easement, or a combination of both.
J.
Conversion from Single-Family Dwelling to a Commercial Use. Downtown has residential homes that
currently have commercial zoning. Home occupations are subject to Table 5.13-1 below. Adaptive
reuse is encouraged and is subject to the following standards:
1.
Locate parking off-site. If parking is necessary on-site, it must be located to the rear or sides only.
2.
On-site parking should be screened from adjacent residential properties.
3.
Landscape areas in the interior of the lot as well as the street frontage shall be in conformance
with Section 5.4.3, Landscaping Required.
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4.
Create a pedestrian walkway or corridor from the parking area to the building entrance using a
change in material.
TABLE 5.13-1: EXTENDED TABLE OF HOME OCCUPATIONS IN DOWNTOWN
P = Permitted C = Conditional
Use Category
Use Type
Permitted/Conditional
Food Service
Baked Goods or Prepared Meals
(Delivery or Pick-up)
C
Personal Services
Massage Therapy
P
Medical, Dental, or Professional
Office (single physician/
professional only)
P
Personal Training
P
Tutoring
P
Music Lessons
P
Retail
Web Based
P
Visitor Accommodation
Bed and Breakfast
P
Services
Art Studio
P
Music Studio
P
Custom Woodworking
C
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 19-12, § 3, 10-16-2012; Ord. No. 18-17, § 7, 7-5-2017; Ord. No. 07-22, §
3 (PLZM-21-0060), 4-19-2022; Ord. No. 37-22, § 3(Att.), 12-20-2022; Ord. No. 37-23, § 3(Att.), 8-1-2023; Ord. No.
01-24, § 3(Exh. A, B), 2-20-2024)
ARTICLE 6. LAND SUBDIVISION
Buckeye, Arizona, Code of Ordinances
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ARTICLE 6. LAND SUBDIVISION
6.1. GENERAL PROVISIONS
6.1.1. Intent. This Article is intended to promote the health, safety, convenience, order, prosperity, and welfare of
the present and future inhabitants of the City by:
A.
Promoting well-defined, sustainable neighborhoods that enhance the City's character and are
compatible with adjoining lands;
B.
Creating livable neighborhoods that foster a sense of community and reduce dependency on private
vehicles;
C.
Encouraging the proper arrangement of streets in relation to existing or planned streets and ensuring
streets facilitate safe, efficient, and pleasant walking, biking, and driving;
D.
Providing a variety of lot sizes and housing types in every neighborhood;
E.
Protecting sensitive natural and historic areas and the City's environmental quality;
F.
Providing protection from natural hazards and flood prone areas; and
G.
Ensuring compliance with the General Plan.
6.1.2. Applicability.
A.
General. Unless exempted in subsection B, this Article shall apply to all subdivision of land within the
City that results in the partitioning, dividing, combining, or altering of any lot, parcel, or tract of land,
including subdivisions created by an exercise of the power of eminent domain by an agency of the
state or the City.
B.
Exemptions. The standards of this Article shall not apply to:
1.
Creation or realignment of an easement; and
2.
Adjustment of the boundary line or the transfer of land between two adjacent property owners
that does not result in the creation of any additional parcels.
C.
Approvals Required. All subdivision approvals shall be in accordance with Section 8.8, Subdivision.
6.1.3. Safety and Public Facilities. Land to be subdivided shall be of such character that it can be used safely for
building purposes without danger to health or peril from fire, flood, or other menace. Land shall not be
subdivided until proper provision has been made for drainage, water, sewage, and capital improvements
such as schools, parks, recreation facilities, transportation facilities, and other public improvements.
6.1.4. Plat and Construction Plan Preparation.
A.
Registered Land Surveyor. It shall be the responsibility of the subdivider to have a land surveyor
registered in the State of Arizona prepare the subdivision plat in accordance with all applicable City
Codes and Engineering Design Standards.
B.
Registered Engineer. It shall be the responsibility of the subdivider to have an engineer registered in
the State of Arizona prepare a complete set of engineering plans in accordance with all applicable City
Codes and Engineering Design Standards for the construction of all required improvements.
Engineering plans shall be in substantial conformance with the approved Preliminary Plat.
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C.
City Engineer Approval. All plans and supporting engineering reports for subdivision improvements
shall be reviewed and approved by the City Engineer. All improvements shall be in substantial
conformance with the approved Preliminary Plat and all effective Engineering Design Standards,
policies, and requirements at the time of final improvements.
6.1.5. Limitation on Conditions.
A.
In approving subdivisions, the Zoning Administrator and City Engineer shall be authorized to impose
such conditions upon the premises as may be necessary to carry out the general purpose and intent of
this Development Code. Conditions imposed on a development approval shall be based upon adopted
standards that are: (a) contained in this Development Code, adopted plan or other document adopted
by the City, and/or (b) determined by the City Engineer to be necessary to protect public health, safety,
and general welfare or for critical infrastructure linkage. Conditions imposed on a development
approval shall be sufficiently specific to ensure that the condition is imposed in a consistent and
rational manner. Under no circumstance shall these provisions be interpreted to waive any
responsibility to the public in the enforcement of provisions contained herein, where such conditions
are necessary to protect public health, safety, and general welfare.
B.
Any condition imposed on a development approval that would require the applicant to dedicate real
property to the public or to pay money to the public in an amount that is determined on an individual
and discretionary basis shall only be imposed if: (a) there is an essential nexus between the dedication
or payment and a legitimate local government interest; and (b) the dedication or payment is roughly
proportional both in nature and extent to the impact of the proposed use or development of such
property.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 19-15, § 1(Att.), 12-1-2015)
6.2. TYPES OF LAND DIVISION
6.2.1. Subdivision. "Subdivision" means improved or unimproved land or lands divided for the purpose of
financing, sale, or lease, whether immediate or future, into four or more lots, tracts, or parcels of land; or, if
a new street is involved, any such property that is divided into two or more lots, tracts, or parcels of land; or,
any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more
than two parts. "Subdivision" also includes any condominium, cooperative, community apartment,
townhouse or similar project containing four or more parcels, in which an undivided interest in the land is
coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not
show the buildings or the manner in which the buildings or airspace above the property shown on the plat
are to be divided.
6.2.2. Preliminary Plat. A Preliminary Plat is a preliminary map, including supporting data, that is required for a
subdivision that creates more than 10 lots, tracts, or parcels with or without dedications and easements. A
Preliminary Plat does not establish or modify any lots, tracts, or parcels and is not recorded. A Preliminary
Plat is required prior to Final Plat approval.
6.2.3. Final Plat. A Final Plat is a subdivision that creates more than 10 lots, tracts, or parcels with or without
dedications and easements. A Preliminary Plat is required prior to approval of a Final Plat.
6.2.4. Minor Subdivision. A Minor Subdivision is a subdivision that creates 10 or fewer lots, tracts, or parcels with
or without dedications and easements. Although a Preliminary Plat is not required for approval of a Minor
Subdivision, additional information shall be submitted as determined by the City Engineer to review
the project for compliance with all applicable City standards. The City Engineer may waive or reduce
infrastructure standards or requirements proportional to the impact of the subdivision, except that the
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requirements for dust-controlled access and drainage improvements shall not be waived. A plat for a Minor
Subdivision may be used to abandon a previously recorded plat.
6.2.5. Land Split. A land split is the division of improved or unimproved land whose area is two and one-half acres
or less into two or three tracts or parcels of land for the purpose of sale or lease, as defined in A.R.S. § 9-463.
6.2.6. Map of Dedication. A Map of Dedication dedicates right-of-way to establish main roadways without
subdividing adjacent property into building lots. No new or existing parcels or tracts shall be established or
modified in size by a Map of Dedication.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 19-15, § 1(Att.), 12-1-2015)
6.3. DESIGN STANDARDS
6.3.1. Minimal Standards. The design standards in this Article are minimum standards. The City, at its discretion,
may impose more restrictive standards when it finds that they are necessary to preserve and protect public
health, safety, and welfare.
6.3.2. Compliance with Adopted Plans and Development Code. All subdivisions shall comply with all other
applicable zoning, design, and development regulations set forth in this Development Code or an approved
Planned Area Development (PAD), the General Plan, and all other adopted City plans, including, but not
limited to:
A.
Specific Area Plans;
B.
Transportation and transit plans; and
C.
Parks, trails, recreation, and open space plans.
6.3.3. Suitability for Subdivision. Land subject to hazardous conditions such as floods, mud flows, rock falls,
possible mine subsidence, mine shafts, shallow water table, open quarries, and polluted or non-potable
water supply shall be identified and shall not be subdivided until the hazards have been mitigated or will be
mitigated by the subdivision and construction plans.
6.3.4. Streets. All public and private streets shall comply with the Engineering Design Standards, Section 5.5.3,
Streets and Vehicular Circulation, and the Transportation Master Plan, and in addition shall comply with the
following standards.
A.
Coordination of Streets.
1.
All new streets shall intersect with surrounding existing streets at safe and convenient locations.
All street classifications shall connect with surrounding streets where necessary to allow
convenient movement of traffic and reasonable access for emergency vehicles, but connections
are not allowed where the effect would be to encourage the use of such streets by cut-through
traffic.
2.
When connections to surrounding streets are proposed or required by the City, public right-of-
way shall be dedicated, and streets developed to existing paved rights-of-way.
3.
The City may also require temporary hammerheads or turnarounds to be constructed for
temporary cul-de-sacs between development phases or to provide future connection with
adjoining undeveloped land.
4.
Certain proposed streets, as designated by the City, shall be extended to the subdivision
boundary to provide future connection with adjoining undeveloped land. The street pattern in
the subdivision shall not landlock adjacent property nor prevent access to public land.
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5.
In addition to providing connections to surrounding streets, internal connections for the safe
movement of vehicles, pedestrians, and bicycles shall be provided from the parcel to be
subdivided to adjacent commercial projects as determined by the Zoning Administrator and,
where feasible, for pedestrian and bicycle pathways to adjoining parks and open space.
6.
Whenever a parcel to be subdivided includes a street designated in the Transportation Master
Plan, the street shall be platted in conformance with the Transportation Master Plan.
B.
Street Design Standards.
1.
Streets shall be related appropriately to expected use. Streets shall be designed as set forth in
the Engineering Design Standards and as warranted by an approved Traffic Impact Analysis.
2.
Other suitable designs and materials may be approved for the construction of streets, curbs and
sidewalks when in the opinion of the Zoning Administrator, at the recommendation of the City
Engineer, such methods would be more environmentally desirable or more in keeping with the
design of the development or neighborhood.
3.
Collector streets, minor arterial streets, and major arterial streets shall have a landscaped median
as determined by the City.
C.
Lighting Requirements. Lighting shall comply with the requirements of Section 5.11, Exterior Lighting.
D. Street Naming.
1.
Continuation of Existing Names. Street naming and addressing shall comply with Chapter 2 of
the Engineering Design Standards. The subdivider shall indicate the street name for public streets
on the Preliminary Plat by projecting existing Phoenix north-south and east-west street grid
names that fall in alignment. Where no current streets are in alignment, the subdivider may
propose a name based on the Maricopa Association of Governments (MAG) or City street naming
policy. All names are subject to final approval by the City.
2.
Sign Posts. Street sign posts shall be placed at all street intersections by the subdivider and shall
be in place when street paving is complete. Specifications for design, construction, location, and
installation shall be in accordance with the Engineering Design Standards.
6.3.5. Blocks.
A.
Block Length. Residential blocks shall not be less than 300 feet nor more than 660 feet in length. The
City may approve a longer block length when necessary to accommodate natural features such as
steep slopes or washes (i.e., environmentally sensitive lands, low-density residential development, or
golf course communities, pedestrian linkages) or if a landscape tract serving as an open space
connection with a pedestrian and/or bicycle path intersects the longer block and a maximum distance
of 500 feet between the open space connection and the corner of the block is maintained. The
landscape tract must be a minimum of 40 feet in width and include shade trees every 30 feet. Adjacent
residential lots must provide full or partial view fencing along the landscape tract (see Figure 6.3-A).
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Page 5 of 10
Figure 6.3-A: Example of Block with Open Space Connection
B.
Block Arrangement. Blocks shall have sufficient width to provide for two tiers of lots of depth meeting
the minimum requirements of this Development Code, except where lots back onto a collector or
greater street, natural feature, or subdivision boundary, or where lots face an approved loop road or
cul-de-sac (see Figure 6.3-B).
Figure 6.3-B: Example Block Arrangement
C.
Mixed-Use Zoning Districts General Standards.
1.
Block Pattern. The layout of any development site five acres in size or larger shall be designed to
reinforce a pattern of individual blocks.
a.
Blocks shall be designed as an extension of the surrounding neighborhood, aligning with
and connecting to adjacent streets and mirroring the scale and orientation of adjacent
blocks (for residential areas within an activity center).
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b.
On large sites or where block consolidation is proposed (by right-of-way abandonment),
special consideration shall be given to pedestrian and vehicular circulation patterns and
access to surrounding neighborhoods.
c.
New development shall establish a regular pattern of blocks to the extent feasible to avoid
creating especially large blocks that limit pedestrian and vehicular circulation. See
subsection 6.3.5.A for applicable block length provisions.
6.3.6. Lots. The design and layout of lots must respond to topography, natural vegetation, soil conditions, drainage,
and abrupt changes in land use, heavy street traffic or other conditions.
A.
The lot arrangement shall be such that there will be no foreseeable difficulties in obtaining a Building
Permit or in providing driveway access to buildings on such lots from an approved street.
B.
Double frontage, reversed frontage, flag, or other odd-shaped lots are to be avoided.
C.
Unless otherwise determined by the City Engineer, corner lots in residential subdivisions shall be at
least 10 feet larger in width than other lots in the same area to provide additional buffering area, and a
minimum five-foot tract shall be provided to accommodate corner lot buffering.
D.
Lots shall be so placed as to provide positive drainage away from all buildings.
E.
Lots should be so configured to face as many as possible in a north/south direction.
F.
Lot widths on cul-de-sacs shall be measured as the distance in a straight line, between the side lot lines
at the points of intersection with the front setback line. G. Where streets terminate in a “T”
intersection condition, either a landscape tract at least 40 feet in width shall be provided at the
terminus, or lot lines shall be staggered and garages oriented to prevent vehicle headlights from
shining into living spaces within the home, unless determined infeasible as determined by the Zoning
Administrator or City Engineer (see Figure 6.3-C).
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Page 7 of 10
Figure 6.3-C: T-Intersection Examples
6.3.7. Easements.
A.
The width, location, and purpose of all easements shall be provided on the Final Plat.
B.
Utility easements shall be located to the front of lots where practicable.
C.
Unless otherwise determined by the City Engineer, drainage easements shall be provided for the
retention of drainage from subdivision streets. Drainage shall not be shed to adjoining right-of-way.
D.
Natural drainage easements are encouraged to protect natural vegetation and to preserve washes and
streams. Easements should include 25 feet of area on either side of a natural drainage area.
E.
The private maintenance of all easements shall be provided for in the recorded covenants, conditions,
and restrictions (CC&Rs) for the subdivision.
F.
To the extent allowed by easement grantees, landscaping shall be provided by the developer or
designee for all easement areas. Maintenance of the easement landscaping shall be provided for in the
recorded CC&Rs for the subdivision.
G.
Developers shall dedicate vehicular non-access easements in accordance with the Engineering Design
Standards, where vehicular access is not appropriate for safety, legal, or design reasons.
H.
Temporary construction easements (TCEs) are to be provided as necessary.
I.
The building envelope shall not be located within any required public easements, including, but not
limited to, sight visibility triangles and public utility easements.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 19-15, § 1(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)
6.4. IMPROVEMENTS
6.4.1. Responsibility for Improvements.
A.
Requirements in this Section apply to all new development.
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Page 8 of 10
B.
The developer shall be responsible for construction of all utility systems, such as wastewater, water,
electric, communications, cable, gas, irrigation, and refuse that are needed as a direct result of the
development.
C.
The developer will be responsible for construction of frontage improvements, water and wastewater
systems, and streets.
D.
The extent of improvements required will be in accordance with standards as contained within this
Development Code and the Engineering Design Standards.
E.
If it is determined by the City Engineer that certain off-site improvements, as required in the
Engineering Design Standards and this Section, do not need to be constructed at the time of
development, the developer may guarantee the cost of the improvements by posting a performance
bond, providing a letter of credit, in-lieu payment or other financial guarantee as determined by the
City Engineer. The City Engineer is authorized to process and collect in-lieu payments and any
associated in-lieu fee agreements administratively. The City Engineer will also have discretion to defer
certain off-site improvements to the time of development of any proposed subdivided property, which
shall be memorialized on the subdivision plat or per separate agreement.
6.4.2. Guarantee and Warranty of Public Improvements.
A.
Financial Guarantee. The developer shall guarantee that all required improvements will be completed
in a manner satisfactory to the City using one of the following methods:
1.
A performance bond, an irrevocable letter of credit, assurance of construction of subdivision
improvements or other financial guarantee approved by the City Attorney prior to the issuance of
the first final civil permit.
2.
The financial guarantee shall be 100 percent of the cost of the labor and materials necessary to
complete the off-site improvements required with the subdivision and/or project. If the amount
of the assurance is based on an estimate, such estimate shall be prepared by a registered
engineer, and the amount of the financial guarantee shall be increased by 10 percent to account
for unforeseen circumstances.
3.
The period within which required improvements must be completed shall be specified and shall
not exceed two years from the date of financial guarantee approval.
B.
Inspection of Improvements. Prior to the approval of the required improvements by the City Engineer,
an engineer retained by the developer shall certify to the City that all facilities and improvements to be
dedicated to the City have been constructed in accordance with the requirements of this Development
Code and Engineering Design Standards. The City Engineer shall also inspect all improvements to the
site and certify that they comply with all specifications as set forth in the approved improvement plans.
Any inspection expenses incurred by the City shall be reimbursed by the developer.
C.
Warranty of Improvements. The developer shall post a performance bond or other sufficient surety to
guarantee that all defects in any public facilities or improvements that occur within two years after
acceptance of the improvements by the City shall be corrected by the developer.
D.
Development Agreement. The City shall have the authority to enter into a Development Agreement
with the developer to carry out the provisions contained in this Development Code.
6.4.3. Improvement Requirements.
A.
Sewage Disposal Facilities.
1.
Refer also to City Code Chapter 16, Sewer Utilities and Use of Public Sewers, and City Code
Chapter 20, Off-Site Construction Improvement Requirements for Property Development.
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2.
Refer also to Chapter 4 of the Engineering Design Standards.
3.
Every principal use and every lot within a development shall be served by a sewage disposal
system that is adequate to accommodate the reasonable needs of such use or development lot
with all applicable health regulations.
4.
Structures shall not be occupied without an approved wastewater source that has been deemed
adequate by the Maricopa County Environmental Services Department and other applicable
public agencies.
5.
Developments are required to provide water, wastewater, and reclaimed facilities in a manner
that is consistent with integrated and regional master plans, and facility plans where applicable.
B.
Water Supply and Distribution Systems.
1.
Refer also to City Code Chapter 17, Water Utilities, and City Code Chapter 20, Off-Site
Construction Improvement Requirements for Property Development.
2.
Refer also to Chapter 3 of the Engineering Design Standards.
3.
Every principal use and every lot within a development shall be served by a water supply and
distribution system that will accommodate the reasonable needs of such use or development lots
and that complies with all applicable health regulations.
4.
Structures shall not be occupied without an approved water supply system that has been
approved by all applicable public agencies.
5.
All subdivisions shall comply with the requirements of City Code Section 25-1-11, Assured Water
Supply.
C.
Electric, Telephone, and Cable System. Every principal use and every lot within a development shall
have available to it a source of electric power, telephone service, fiber optic communications, and
cable service adequate to accommodate the reasonable needs of such use and every lot within such
subdivision. Compliance with this requirement shall be determined as follows:
1.
Refer also to City Code Chapter 19, Streets and Sidewalks Regulations; City Code Chapter 20, Off-
Site Construction Improvement Requirements for Property Development; and City Code Chapter
23, Public Works and Water Resources.
2.
If the use is not in a development and can be served by existing service via a simple connection
(as opposed to a more complex distribution system, such as would be required in an apartment
complex or shopping center or would require an extension of a primary line), then no further
certification is required.
3.
If the use is in a development (or is a development) or is not served by existing service or a
substantial internal distribution center would be necessary, or extension of a primary line would
be necessary, then the utility company must review the proposed plans and certify to the City
that it can provide service that is adequate to meet the needs of the proposed use or
development.
D.
Underground Service Lines.
1.
Refer also to City Code Chapter 19, Streets and Sidewalks Regulations; City Code Chapter 20, Off-
Site Construction Improvement Requirements for Property Development; and City Code Chapter
23, Public Works and Water Resources.
2.
All utility lines (except electric lines more than or equal to 69kV), including irrigation service lines
but not including transformers or enclosures containing equipment such as switches, meters, or
capacitors that are ground-mounted and constructed in developments after the effective date,
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shall be placed underground in accordance with the specifications and policies of the respective
utility company.
3.
Whenever an unsubdivided development is constructed on a lot, then all electric power less than
69kV, telephone, and cable television lines located on the development site outside of a
previously existing public street right-of-way shall be placed underground in accordance with the
specifications and policies of the respective utility company.
6.4.4. Engineering Specifications. Construction and design details for all improvements shall comply with the
Engineering Design Standards.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 19-15, § 1(Att.), 12-1-2015; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-
2022)
6.5. DEDICATION
6.5.1. Streets. All street rights-of-way shall be dedicated to the public.
6.5.2. Alleys. Alleys may be utilized but must be identified as private streets for service access, off-street loading, or
parking.
6.5.3. Public Park Dedication and Fees In-Lieu. See Section 5.3, Open Space.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 19-15, § 1(Att.), 12-1-2015; Ord. No. 07-22, § 3 (PLZM-21-0060), 4-19-
2022)
ARTICLE 7. REVIEW AND DECISION-MAKING BODIES
Buckeye, Arizona, Code of Ordinances
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(Supp. No. 20, Update 2)
Page 1 of 3
ARTICLE 7. REVIEW AND DECISION-MAKING BODIES
7.1. PURPOSE
This Article identifies the roles, duties, and responsibilities of elected officials, commissions and other bodies,
and City staff in the administration of this Development Code.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
7.2. APPOINTED DECISION-MAKING BODIES GENERALLY
7.2.1. Appointment and Confirmation. Appointments to commissions and other bodies within the scope of this
Development Code shall be made and confirmed by the City Council in accordance with the rules adopted by
the City Council.
7.2.2. Conduct of Appointed Bodies. All appointed commissions and other bodies with review and/or decision-
making responsibilities under this Development Code shall comply with applicable laws, rules adopted by the
City Council, and any applicable bylaws.
(Ord. No. 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)
7.3. CITY COUNCIL
7.3.1. Review and Decision-Making Responsibilities. For purposes of administering and enforcing this
Development Code, the Buckeye City Council shall have the review and decision-making responsibilities set
forth in Table 8.1-1.
7.3.2. Other Powers and Duties. In addition, the City Council shall have the following powers and duties relating to
the administration of this Development Code.
A.
Adopt policies, plans, design guidelines, and ordinances to implement the municipal function of
planning for the economic, social, and land use needs of the community;
B.
Promulgate regulations to implement, interpret, or make specific the provisions of this Development
Code;
C.
Act as the Board of Adjustment for purposes of administering this Development Code, until a separate
Board of Adjustment is appointed;
D.
Take any other action not delegated to the Planning and Zoning Commission, the Zoning Administrator,
or City staff as the City Council may deem desirable and necessary to implement the provisions of this
Development Code;
E.
Make final determinations in cases of conflicting regulations between this Development Code and
other provisions of the City Code and City regulations; and
F.
After review of the Zoning Administrator's recommendation, amend, repeal, or issue a binding waiver
of any provision of this Development Code as applied to property that is the subject of a written
demand for compensation under A.R.S. § 12-1134 et seq. The City Council may also approve an
agreement with the property owner awarding compensation in lieu of amending, repealing, or issuing
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a waiver. Any waiver issued under this subsection shall be recorded in the real property records of
Maricopa County.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
7.4. PLANNING AND ZONING COMMISSION
7.4.1. Review and Decision-Making Responsibilities. There shall be a Planning and Zoning Commission, which shall
have the powers and duties set forth in Table 8.1-1, to be carried out in accordance with the terms of this
Development Code.
7.4.2. Other Powers and Duties. In addition, the Planning and Zoning Commission shall have the following powers
and duties to be carried out in accordance with the terms of this Development Code:
A.
Develop, review, and make recommendations to the City Council regarding policies, plans, and
ordinances to implement the municipal function of planning for the economic, social, and land use
needs of the community;
B.
Serve as the Hearing Officer for the purpose of hearing and deciding Variances from the requirements
of this Development Code; and
C.
Exercise such other powers and perform such other duties as are provided by law and directed by the
City Council.
7.4.3. Appointments, Membership, and Rules. Planning and Zoning Commission appointments, memberships, and
rules shall be as set forth in Chapter 2 of the City Code, Council-adopted rules, and the Planning and Zoning
Commission bylaws.
(Ord. No. 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)
7.5. BOARD OF ADJUSTMENT
7.5.1. Review and Decision-Making Responsibilities. There shall be a Board of Adjustment ("board"), which shall
have the powers and duties set forth in Table 8.1-1, to be carried out in accordance with the terms of this
Development Code.
7.5.2. Appointments, Membership, and Rules. The City Council shall serve as the board. Should the City Council
choose to appoint and create a stand-alone board, the following shall apply:
A.
The board shall be composed of a total of five regular members and two alternate members, all of
whom shall be residents of the City. The members of the board shall be appointed by the City Council.
Alternate members shall only take part in those hearings where a regular member is absent and when
appointed to do so by the chair. No more than five members at any one time shall participate in
proceedings of the board or the rendering of a decision.
B.
Appointments to the board shall be for staggered four-year terms.
C.
Vacancies on the board shall be filled by the City Council, for the unexpired term of any member whose
term becomes vacant.
D.
The board shall annually elect a chairperson and vice chairperson from among its members. The
chairperson and vice chairperson shall each serve for one year and until their successors are elected
and qualified. The chairperson is authorized to administer oaths and take evidence.
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7.5.3.
Records. Minutes of the board’s proceedings showing the vote of each member and records of its
examinations and other official actions shall be filed in the Development Services Department as a public
record.(Ord. No. 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)
7.6. ZONING ADMINISTRATOR
7.6.1. Review and Decision-Making Responsibilities. The Deputy Director of Planning shall be the Zoning
Administrator for purposes of A.R.S. § 9-462.05.C and shall have general responsibility for administering and
enforcing the provisions of this Development Code. In addition, the Zoning Administrator shall have the
review and decision-making responsibilities set forth in Table 8.1-1, to be carried out in accordance with the
terms of this Development Code. In performing such review and decision-making responsibilities, the Zoning
Administrator may delegate such duties to Department staff as the Zoning Administrator deems appropriate.
The Zoning Administrator also shall have such additional powers and duties as may be set forth elsewhere in
this Development Code and the City Code.
7.6.2. Development Services Department.
A.
Department staff shall act in an advisory and support capacity to the City Council, the Planning and
Zoning Commission, and any other bodies listed in this Article 7, or as otherwise directed by the City
Council or City Manager. Department staff shall review or coordinate the review of all applications
under this Development Code.
B.
For any decision rendered by the Planning and Zoning Commission, the Zoning Administrator, the
Hearing Officer, or any other board governed by this Article 7, the Zoning Administrator shall be
responsible for preparing the findings required by subsection 8.2.7, Decisions and Findings, of this
Development Code.
(Ord. No. 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)
ARTICLE 8. REVIEW AND APPROVAL PROCEDURES
Buckeye, Arizona, Code of Ordinances
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(Supp. No. 20, Update 2)
Page 1 of 29
ARTICLE 8. REVIEW AND APPROVAL PROCEDURES
8.1. PURPOSE AND ORGANIZATION OF THIS ARTICLE
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.
TABLE 8.1-1: REVIEW AND DECISION-MAKING RESPONSIBILITIES
R = Review (Responsible for Review and/or Recommendation)
H = Hearing (Public Hearing Required)
D = Decision (Responsible for Final Decision)
A = Appeal (Authority to Hear/Decide Appeals)
1. Procedure
Section Pre-
Application
Zoning
Administrator
P&Z
City
Council
Board of
Adjustment
Adoption of and/or
Amendment to General
Plan/Specific Area Plan
8.3
Yes
R
H-R
H-D
Adoption of and/or
Amendment to Text of
Development Code
8.4
Yes
R
H-R
H-D
Amendment to Zoning
Map (Rezoning)
8.5
Yes
R
H-R
H-D
Planned Area
Development (PAD)
8.6
Yes
R
H-R
H-D
Conditional Use Permit
(CUP)
8.7
Yes
R
H-D
H-A
Minor Subdivision or Land
Split
8.8.5
No
D
A
Preliminary Plat
8.8.6
Yes
D
A
Final Plat
8.8.7
No
D
A
Final Plat Re-Plat
8.8.8
No
D
A
Map of Dedication
8.8.9
No
D
A
Site Plan
8.9
Yes
D
A
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Design Review
(Commercial or
Residential)
8.10
No
D
A
Special Event Temporary
Use Permit (SETUP)
8.11
No
D
A
Variance
8.12
No
H-D
(Hearing
Officer)
H-A
Minor Modification
8.13.1
No
D
A
Reasonable
Accommodation
8.13.2
No
D
A
Annexation
8.17
No
R
H-D
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. 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)
8.2. COMMON DEVELOPMENT REVIEW PROCEDURES
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
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Page 3 of 29
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 10 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 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.
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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
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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.
TABLE 8.2-1: NOTICE REQUIREMENTS
✓ = Notice Required
Type of Application
or Procedure
Section
Mailed
Published
Posted
Neighborhood Meeting
Amendment to General
Plan/Specific Area Plan
8.3
✓
✓
✓
✓
Amendment to Text of
Development Code
8.4
Mailed
notice
only
required
if covered
by
8.2.6.D.2
✓
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Amendment to Zoning
Map (Rezoning)
8.5
✓
✓
✓
✓
Planned Area
Development (PAD)
8.6
✓
✓
✓
✓
Conditional Use Permit
(CUP)
8.7
✓
✓
✓
✓
Minor Subdivision
8.8.6
Preliminary Plat
8.8.7
Final Plat
8.8.8
Final Plat Re-Plat
8.8.9
Map of Dedication
8.8.10
Site Plan
8.9
Design Review
8.10
Special Event
Temporary Use Permit
(SETUP)
8.11
Variance
8.12
✓1
✓
✓
Minor Modification
8.13.1
Reasonable
Accommodation
8.13.2
Appeal of
8.14
✓
✓
Annexation
8.17
✓
✓
NOTE:
1 Variances require a mailed notice to surrounding property owners within 150 feet of the subject
property.
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)
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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 10 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 10 percent or more increase or decrease in the number of square feet or units that may
be developed;
b.
A 10 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 10 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;
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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. 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)
8.3. ADOPTION AND/OR AMENDMENTS TO GENERAL PLAN OR SPECIFIC AREA PLAN
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 10 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;
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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. 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. AMENDMENTS TO THE TEXT OF DEVELOPMENT CODE
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.
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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. 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. AMENDMENTS TO THE ZONING MAP (REZONINGS)
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.
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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
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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)
8.6. PLANNED AREA DEVELOPMENTS (PADs)
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.
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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.
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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.
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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 10 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 10 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.
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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. 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. CONDITIONAL USE PERMITS (CUPs)
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.
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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. 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. SUBDIVISION
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 10 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:
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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
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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. 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. SITE PLAN REVIEW
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.
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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
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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. 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. DESIGN REVIEW
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
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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.
8.11. SPECIAL EVENT TEMPORARY USE PERMITS (SETUPs)
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. 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)
8.12. VARIANCES
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
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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. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
8.13. ADMINISTRATIVE DEVIATIONS
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:
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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).
4.
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.
5.
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. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
8.14. APPEALS AND RECONSIDERATION OR REHEARING OF DECISIONS
8.14.1. Reconsideration or Rehearing of Decisions.
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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.
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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.
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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 thirty 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 10 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 thirty 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. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
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8.15. BUILDING PERMITS
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. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
8.16. ADEQUATE SCHOOL FACILITIES
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. 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)
8.17. ANNEXATION
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
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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 10 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.
D.
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. 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)
ARTICLE 9. ENFORCEMENT
Buckeye, Arizona, Code of Ordinances
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Page 1 of 3
ARTICLE 9. ENFORCEMENT
9.1. GENERAL PROVISIONS
9.1.1. Purpose. This Article establishes procedures through which the City seeks to ensure compliance with the
provisions of the adopted development and Building Codes and obtain corrections for violations. The Article
also sets forth the remedies and penalties that apply to violations.
9.1.2. Compliance Required. A person shall not develop or use any land, building, or structure within the City in
violation of the adopted development and Building Codes, or the terms and conditions of permits or other
approvals or entitlements issued under the adopted codes.
9.1.3. Permits and Approvals. A permit or approval may not be issued unless all structures and uses of land and
structures to be authorized by the permit or approval conform to the adopted codes, and the terms and
conditions of other applicable permits and approvals issued under the adopted codes. A permit or approval
issued in violation of the adopted codes is void.
9.1.4. Continuation of Prior Enforcement Actions. This Development Code shall not prohibit the continuation of
previous enforcement actions undertaken by the City in compliance with previous regulations.
9.1.5. Continuing Violations. Each day that a violation occurs or remains uncorrected shall constitute a separate
and distinct violation of the adopted code.
9.1.6. Responsibilities for Enforcement. The provisions shall be administered and enforced by the Zoning
Administrator, or such other person as may be designated by the Zoning Administrator.
9.1.7. Remedies Cumulative. The remedies provided for violations of the adopted codes, whether civil or criminal,
shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
9.2. VIOLATIONS
Each of the following activities constitutes a violation of the adopted code:
A.
Activity Inconsistent with Code. Any erection, construction, reconstruction, remodeling, alteration,
maintenance, expansion, movement, or use of any land, building, structure, or sign, in contravention of
any provision of adopted codes.
B.
Activity Inconsistent with Permit or Approval. Any development, use, or other activity in any way
inconsistent with the terms or conditions of any permit or approval required to engage in such activity.
C.
Any violation of the previous Development Code shall continue to be a violation under this
Development Code and shall be subject to the penalties and enforcement set forth in Article 9,
Enforcement, unless the use, development, construction, or other activity complies with the provisions
of this Development Code. Payment shall be required for any penalty assessed under the previous
ordinance, even if the original violation is no longer considered a violation under this Development
Code.
D.
Illustrative Examples. Examples of activities inconsistent with the adopted codes or with any permit or
approval issued include, but are not limited to, the following:
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1.
Increasing the density or intensity of any use of any land or structure except in compliance with
the requirements of this Development Code;
2.
Reduction or diminishment of lot area, setbacks, vegetative buffers, open space, or other
standards below the minimum requirements set forth in this Development Code;
3.
Damage to or removal of vegetation inconsistent with this Development Code;
4.
Creation, expansion, replacement, or change of a nonconformity inconsistent with this
Development Code and all other applicable regulations;
5.
Failure to remove any sign installed, created, erected, or maintained in violation of this
Development Code, or for which the Sign Permit has lapsed;
6.
Failure to remove a temporary use once authorization for the temporary use under this
Development Code and all other applicable regulations has lapsed;
7.
Failure to construct, improve, or maintain any amenity, landscaping, buffers, fencing, or other
improvements required by the terms of any permit or approval;
8.
Failure to abide by the condition(s) of any application approval or agreements executed in
connection with a grant of approval; and
9.
Failure to comply with applicable provisions or requirements of a Certificate of Occupancy.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
9.3. REMEDIES AND PENALTIES
The Zoning Administrator shall have the following remedies and powers to enforce:
9.3.1. Deny/Withhold Entitlements. The Zoning Administrator may deny or withhold all entitlements, including
Building Permits, Certificates of Occupancy, business licenses, or other forms of authorization to use or
develop any land, structure, or improvements, until an alleged violation, associated civil penalty, and/or lien
resulting from a previous final order related to such property, use, or development is corrected. This
provision shall apply whether or not the current owner or applicant for the permit or other approval is
responsible for the violation.
9.3.2. Revoke Entitlements.
A.
Any entitlement or other form of authorization required under the adopted codes may be revoked,
after notice and a hearing, when the Zoning Administrator determines that:
1.
There is a departure from the approved plans, specifications, limitations, or conditions as
required under the entitlement;
2.
The entitlement was procured by false representation;
3.
The entitlement was issued in error; and/or
4.
There is a violation of any provision of the adopted codes.
B.
Written notice of revocation shall be served upon the property owner, agent, applicant, or other
person to whom the entitlement was issued, or such notice may be posted in a prominent location at
the place of violation. Work or construction shall not proceed after service of the revocation notice.
9.3.3. Stop-Work Orders.
A.
Whenever any building, structure, site, or part is being demolished, constructed, reconstructed,
altered, or repaired in a hazardous manner, in substantial violation of any state or local building law, or
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Page 3 of 3
in a manner that endangers life or property, the Zoning Administrator has the authority to issue a stop-
work order for the specific part of the work that is in violation or presents the hazard.
B.
With or without revoking permits, the Zoning Administrator may issue an order to stop work on any
property on which there is an uncorrected violation of either a provision of the adopted codes or a
provision of an entitlement or other form of authorization issued under an adopted code.
C.
The stop-work order shall be in writing directed to the person doing the work and shall specify the
provisions of the Development Code or other law allegedly in violation. After any such order has been
served, no work shall proceed on any building, other structure, or tract of land covered by such order,
except to correct such violation or comply with the order.
D.
Once conditions for resumption of the work have been met, the Zoning Administrator shall rescind the
stop-work order.
9.3.4. Criminal and Civil Penalties.
A.
Any person, firm, or corporation violating any provision of the adopted codes, or any amendments,
shall be guilty of a class one misdemeanor punishable by a fine not exceeding $2,500.00, or by
imprisonment for a period not exceeding six months, or by both fine and imprisonment, for each
violation.
B.
Violation of any provision of the adopted codes, or any amendments, may also subject the offender to
a civil monetary penalty in an amount to be established by the City Council. If the offender fails to pay
this penalty within 15 days after being cited for a violation, the penalty may be recovered by the City in
a civil action in the nature of a debt. A civil penalty may not be appealed to the Planning and Zoning
Commission if the offender was sent a final notice of violation in compliance with this Section and did
not take an appeal to the Planning and Zoning Commission within 20 days of the date of such final
notice.
9.3.5. Injunctive Relief. The Zoning Administrator may seek injunctive relief or other appropriate relief in Superior
Court or other court of competent jurisdiction against any person who fails to comply with any provision of
this Development Code or any requirement or condition imposed in compliance with this Development
Code. In any court proceedings in which the City seeks a preliminary injunction, it shall be presumed that a
violation of the adopted code is a real, immediate, and irreparable injury to the public; that the public will be
irreparably injured by the continuation of the violation unless the violation is enjoined; and that there is no
plain and adequate remedy at law for the subject code violation.
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 06-22, § 6, 4-5-2022; Ord. No. 36-22, § 6, 12-20-2022; Ord. No. 37-22, §
6, 12-20-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
ARTICLE 10. DEFINITIONS
Buckeye, Arizona, Code of Ordinances
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Page 1 of 18
ARTICLE 10. DEFINITIONS
10.1. GENERAL RULES OF CONSTRUCTION
The following rules shall apply for construing or interpreting the terms and provisions of this Development
Code.
10.1.1. Meanings and Intent. All provisions, terms, phrases, and expressions contained in this Development Code
shall be construed according to the general purposes set forth in Section 1.3, Purpose of this Development
Code, and the specific purpose statements set forth throughout this Development Code. When, in a specific
section of this Development Code, a different meaning is given for a term defined for general purposes in
this Article 10, the specific section's meaning and application of the term shall control.
10.1.2. Headings, Illustrations, and Text. In the event of a conflict or inconsistency between the text of this
Development Code and any heading, caption, figure, illustration, table, or map, the text shall control.
10.1.3. Lists and Examples. Unless otherwise specifically indicated, lists of items or examples that use terms such
as "for example," "including," and "such as," or similar language are intended to provide examples and are
not exhaustive lists of all possibilities.
10.1.4. Computation of Time. The time in which an act is to be done shall be computed by excluding the first day
and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday
observed by the City, the deadline or required date of action shall be the next day that is not a Saturday,
Sunday, or holiday observed by the City. References to days are calendar days unless otherwise stated.
10.1.5. References to Other Regulations/Publications. Whenever reference is made to a resolution, ordinance,
statute, regulation, or document, it shall be construed as a reference to the most recent edition of such
regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated.
10.1.6. Delegation of Authority. Any act authorized by this Development Code to be carried out by a specific
official of the City may be carried out by a designee of such official.
10.1.7. Technical and Non-Technical Terms. Words and phrases shall be construed according to the common and
approved usage of the language, but technical words and phrases that may have acquired a peculiar and
appropriate meaning in law shall be construed and understood according to such meaning.
10.1.8. Public Officials and Agencies. All public officials, bodies, and agencies to which references are made are
those of the City of Buckeye, Arizona, unless otherwise indicated.
10.1.9. Mandatory and Discretionary Terms. The words "shall," "must," and "will" are mandatory in nature,
establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are
permissive in nature.
10.1.10. Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as
follows:
"And" indicates that all connected items, conditions, provisions, or events apply; and
"Or" indicates that one or more of the connected items, conditions, provisions, or events apply.
10.1.11. Tenses, Plurals, and Gender. Words used in the present tense include the future tense. Words used in the
singular number include the plural number and the plural number includes the singular number, unless the
context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the
feminine gender, and vice versa.
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Page 2 of 18
(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
10.2. INTERPRETATIONS
The Zoning Administrator has final authority to determine the interpretation or usage of terms used in this
Development Code. Any person may request an interpretation of any term by submitting a written request to the
Zoning Administrator, who shall respond in writing within 30 days. The Department shall keep a public record of all
interpretations and determinations on usage of terms rendered by the Zoning Administrator. A request to appeal
an interpretation may be filed in compliance with Section 8.14, Appeals and Reconsideration or Rehearing of
Decisions.
(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)
10.3. OTHER TERMS DEFINED
Abutting/Adjacent. The condition of two adjoining properties having a common property line or boundary
including cases where two or more lots adjoin a corner, but not including cases where adjoining lots are separated
by a street or alley.
Accent Material. Material covering 25 percent or less of a wall elevation.
Access/Accessway. The place, means, or way by which pedestrians and vehicles shall have safe, adequate,
and usable ingress and egress to a property or use as required by this Development Code.
Accessible Parking Space. A parking space that meets the requirements of applicable state and federal
disabilities acts.
Active Open Space. Land within a community that is improved and accessible to all residents, with features
intended to promote recreation, social interaction, and community gathering. Active open space may include
programmed parks, playgrounds, community gardens, sports courts, water amenities such as pools and splash
pads, and indoor facilities like clubhouses or fitness centers. Areas of natural open space are not considered active
open space unless improved with trails, seating areas, or other recreational features, subject to City approval.
Active Residential Development. A development consisting of the rent, lease, or sale of residential dwelling
units in a multi-family residential project and the sale of single-family lots to the public by a homebuilder.
Affordable Housing. Property, whether owned or rented, that costs no more than 28 to 30 percent of gross
household income.
Alley. A minor way that is used primarily for vehicular access to the back or side of properties otherwise
abutting on a street.
Annexation. The incorporation of a land area into an existing district or municipality, with a resulting change
in the boundaries of the annexing jurisdiction.
Arcade. A covered walkway, or part of a walkway, with habitable space above to provide protection (e.g.,
shade) from the elements and circulation space for pedestrians.
Area, Gross. The area of a lot or parcel including all dedicated streets, alleys, private accessways, roadway
and/or alley easements, and canal ROW. Such boundaries shall extend to the center of existing abutting street or
alley ROW. In the case of an existing partial dedication or easement, the gross area shall not extend beyond what
would be the centerline of the full dedication.
Area, Net. The area of a lot or parcel excluding all fee simple dedicated streets or alleys.
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Articulation. The use of design features, such as changes in wall planes, rooflines, materials, and/or
windows, to break up large, flat surfaces in order to make a building more visually appealing.
Awning. An architectural feature attached to a building or other permanent structure used to enhance a
storefront with a flexible or rigid covering.
Balcony. An open platform with a floor height of no less than four feet above grade, enclosed by a parapet or
railing, and projecting from an exterior wall of a building.
Basement. That portion of a building underground and having at least one-half of its height measured from
its floor to its ceiling below grade. A basement shall be counted as a story if the vertical distance from grade to its
ceiling is more than two feet.
Berm. An earthen mound designed to screen undesirable views, decrease noise, and/or control or manage
surface drainage.
Bicycle Parking Space. An area designated within a facility for the use of an individual bicycle.
Block. A piece or parcel of land or group of lots entirely surrounded by public streets, streams, railroads, or
parks or a combination thereof.
Buffer. Landscaped areas, fences, berms, or any combination thereof, used to physically separate dissimilar
land uses and screen or block noise, lights, buildings, or nuisances.
Building. Any substantial structure that by nature of its size, scale, bulk, dimension, or use constitutes a
visual obstruction or generates activity similar to that usually associated with a building. For purposes of
determining required setbacks, the term includes (i) overhead canopies or roofs covering, for example, gas pumps;
and (ii) fences running along lot boundaries adjacent to public ROWthat exceed six feet in height and are
substantially opaque.
Building Facade Line. A line that is parallel to a lot line or public or private street curb line, as applicable, and
the average distance from the lot line or curb line as the closest portion of a building.
Building Height. The vertical distance of a building measured from the finished grade directly beneath a
point on the building to the highest point of the structure, measured along a straight, true vertical line (i.e.
perpendicular to level grade).
Building Mass. The three-dimensional bulk of a building—height, width, and depth.
Building Official. The City Chief Building Official or designee who is charged with the administration and
enforcement of the Building Code.
Building Scale. The size and proportion of a building relative to human scale, streets, surrounding buildings,
and environs.
Canopy. A structural, ornamental roof-like appendage, attached to a building or that may be freestanding,
including roof overhangs, but excluding awnings or metallic hoods.
Carport. A structure that is open on a minimum of twosides and designed or used to shelter not more than
three vehicles and not to exceed 24 feet on its longest dimension.
Chief of Police. The Chief of the City Police Department or designee.
City. The City of Buckeye, Arizona.
City Engineer. The Engineer for the City or designee.
City Manager. The Manager of the City or designee.
CMU. Concrete masonry units.
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Commercial Center. A development containing two or more retail stores, offices, restaurants, hotels, motels,
and similar businesses.
Commercial Development. For purposes of this Development Code, development of any use meeting the
definition of "commercial use," "offices," "places of public assembly," or "service establishment" in the
Development Code, as well as any mixed-use development that combines commercial and residential uses.
Commercial Use. A use operated for profit or compensation where the general public is invited to purchase
goods or services.
Common Area. Land in a residential development held in common and/or single ownership and not reserved
for the exclusive use or benefit of an individual tenant or owner.
Compatibility. When the characteristics of different uses or activities are harmonious or capable of existing
or working together without conflict.
Complete Application. An application that is submitted in the required form, includes all mandatory
information and supporting materials specified in the application packet, and is accompanied by the applicable fee.
A Pre-Application shall have been held, if required by this Development Code.
Concrete Panel Construction. A monolithic masonry wall unit, either poured in place, poured on site
(commonly referred to as "tilt-wall construction"), or precast for assembly on site.
Condominium. An estate in real property consisting of an undivided interest in common in a portion of such
real property, together with the right of exclusive occupancy of a unit located thereon.
Construction Trailer. A factory-assembled structure or structures exceeding eight feet in width, equipped
with the necessary service connections, and originally made so as to be readily movable as a unit or units on its
own running gear and designed to be used as an office without a permanent foundation, whether or not the
running gear has been removed. Commonly referred to as a mobile office.
Court. An open, unobstructed space, bounded on more than two sides by the walls of a building. An inner
court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley,
yard, or other permanent open space.
Cul-de-Sac. A street with no outlet, which terminates in a circular ROW.
Culvert. A drain, ditch, or conduit, not incorporated in a closed system, which carries drainage water under a
driveway, roadway, railroad, pedestrian walk, or public way, or other type of overhead structure.
Curb. A stone, concrete, or other improved boundary marking the edge of the roadway or paved area.
Cut. Vertical removal of earthen material.
Decorative or Enhanced Paving. Paving that is made up of solid, pre-cast, decorative paving, flagstone,
modular units, stamped concrete, seeded concrete, colored concrete, or similar products, or any combination of
the same.
Dedication. A conveyance of fee simple or property rights at no cost to the City or another public agency.
Demolition . An act or process that removes one or more of the following from an existing building or
buildings:
A.
Fifty percent or more of the roof area as measured in plan view;
B.
Fifty percent or more of the exterior walls of a building; or
C.
A street-facing façade.
Density. A ratio of the number of dwelling units to the gross land area unless otherwise stated.
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Department. The City Development Services Department.
Development. Any activity that changes the use of land or makes a material change to the appearance of a
structure or property. In addition, the following constitute development:
A.
Clearing of land as an adjunct of construction, including clearing or removal of vegetation or soil
manipulation;
B.
Deposit of refuse, solid, or liquid waste or fill on a parcel of land;
C.
Placement of a sign;
D.
Changes or alteration of a watercourse, drainage way, or other waterway;
E.
Paving, filling, grading, or covering of land; or
F.
Parking of vehicles and/or storage of materials on a parcel or lot not previously used for such purposes.
Development Code. The City Development Code.
Director. The City Development Services Director or designee.
Disability. A physical or mental impairment that substantially limits one or more of a person's major life
activities, impairs their ability to live independently or a record of having such an impairment, but such term does
not include current use of, nor addiction to, alcohol or a controlled substance.
Driveway. The principal access route from a roadway adjacent to a lot to the lot’s primary off-street parking
area.
Dwelling. One or more rooms as a single unit used as an independent residential living facility for one family,
as defined including permanent provisions for living, sleeping, eating, cooking and sanitation.
Easement. A right to use real property owned by another party for a specific, limited purpose, as
established by an easement agreement or other legal instrument.
Effective Date. The date upon which this Development Code or any amendment to this Development Code is
in full force and effect from and after its adoption by the City Council.
Elevation.
A.
A vertical distance above or below a fixed reference level; or
B.
A fully dimensioned drawing of the front, rear, or side of a building showing features such as windows,
doors, wall materials, and relationship of grade to floor level.
Engineering Design Standards. The City Engineering Design Standards.
Engineering Plan. Plans, profiles, cross sections, reports, and other required details for the construction of
public improvements prepared by a registered engineer.
Envelope, Building. The area of a lot formed by the intersection of all setback lines and between ground level
and the maximum allowable building height, amounting to the three-dimensional area available for potential
building construction.
Environmentally Sensitive Area. A definable area that is characterized by the presence of indigenous plants
as referenced herein that has not been significantly or noticeably altered or modified through development,
agriculture, or other activities associated with growth or expansion.
Equipment Building or Structure. An accessory building or structure used to house necessary equipment
used by communication providers at a facility.
Erosion. The wearing away of the ground surface as a result of the movement of wind, water or ice.
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Excavation. The mechanical, manual, blasting, or other means for removal of earth material.
Exterior Trademarked Design Feature. An exterior design feature, including colors, shapes, and materials, of
a building that is trademarked by a building occupant.
Facade. The exterior walls of a building exposed to public view, or that wall viewed by persons not within the
building.
Fascia. Any broad, flat, horizontal surface, as the outer edge of a cornice or roof. Fascia board is a wide board
set vertically to cover the lower ends of rafters or the joint between the top of a wall and the projecting eaves.
Federal Emergency Management Agency (FEMA). FEMA's duties include the development and
administration of the Nation's Flood Insurance Program (NFIP). The NFIP develops and adopts flood maps, which
illustrate flood zones that are used by participating communities in regulating the location and design of buildings,
utilities and other man-made improvements.
Fencing, Temporary. A movable barrier, approved by the City, installed for a limited duration to secure a site,
control access, or ensure safety during construction, events, or other short-term activities.
Fill. Vertical addition of earthen material.
Final Inspection. Field inspection conducted by the City prior to project acceptance or issuance of a
Certificate of Completion or Certificate of Occupancy.
Fire Chief. The Chief of the City Fire Department or designee.
Floor Area. The total square feet of floor space within the outside dimensions of a building including each
floor level, but excluding carports, residential garages, and breezeways.
Freestanding. Any structure that is not attached to any other structure or portion of a structure. Structures
that are linked by pedestrian walkways are deemed to be freestanding. Freestanding shall also apply to sole uses
on an individual parcel.
Frontage. All property on one side of a street between two intersecting streets (crossing or terminating)
measured along the line of the street, or, if the street is a dead end, then all of the property abutting on one side
between an intersecting street and the dead end of the street, including property fronting on a cul-de-sac.
Gallery. A private frontage typically used in retail applications where the façade is aligned close to a building
frontage or property line with an attached cantilevered shed roof or a lightweight colonnade overlapping the
sidewalk to provide protection (e.g., shade) from the elements and circulation space for pedestrians.
Garage, Detached. An enclosed accessory building not attached to a main building, used for storage of
automobiles, and used solely by the occupants and their guests.
Garage, Parking. See "parking structure."
General Plan. The General Plan of the City.
Glazing. The panes or sheets of glass or other material intended to be set in frames, as in windows or doors.
Grade. The elevation of the ground surface, paving, or sidewalk.
Grading. The initial clearing, brushing, or grubbing, and subsequent excavating, or filling of a site.
Grading Permit. An official document issued by the City authorizing the grading activity specified by the
grading permit conditions.
Gross Floor Area. The sum of the gross areas of the several floors of a building or buildings, measured from
the exterior faces of exterior walls or from the centerlines of walls separating two buildings. Gross floor area shall
not include:
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A.
Underground parking space;
B.
Uncovered steps; and
C.
Exterior balconies.
Ground Cover. A low growing, woody, or herbaceous vine or grass-like material primarily used to cover large
areas of ground. The term "ground cover" also means a plant species that normally reaches a height of less than
three feet upon maturity, installed in such a manner so as to form a continuous cover over the ground.
Guideline. An indication of policy or preferences; compliance is not mandatory like a standard, but rather
compliance is encouraged to further the City's land-use goals and policies.
Gutter. A shallow channel, usually set along a curb or the pavement edge of a road or the edge of a building
roof, for purposes of catching and carrying off water.
Habitat. Land area that supports plant or animal species protected by the Federal Endangered Species Act
and/or other federal or state laws or regulations.
Homeowners Association (HOA). An organization established for the ownership, care, and maintenance of
private common areas, private streets, and other private facilities. HOAs are organizations in a subdivision or
planned community that create and enforce rules for the properties within the community.
Home Occupation. A commercial activity conducted entirely within a dwelling or accessory structure in a
residential zoning district that can be conducted without a significant adverse impact on the surrounding
neighborhood.
Illuminance. A measure of the amount of light intercepting an object at a given distance from a light source
measured in footcandles.
Impervious Surface. An impervious surface is a surface through which water cannot penetrate, such as a
road, sidewalk, or paved parking lot. The amount of impervious surface increases with development and
establishes the need for drainage facilities to carry the increased runoff.
Improvement District (ID). A district comprised of property owners who desire improvement to their
properties, such as water, sewer, or roadway infrastructure, which are financed through bonds, ad valorem, or
equally apportioned secondary taxes in accordance with A.R.S. Title 48.
Industrial Development. Development of any use primarily associated with heavy equipment, tractor
trailers, material storage or processing, warehousing, manufacturing, or chemical processing, where the general
public is not invited to be part of the primary on-site activities.
Infill Development. Development of vacant or underutilized land (usually individual lots or leftover
properties) within areas that are largely developed.
Infrastructure. Facilities and services needed to sustain land use activities. Infrastructure includes, but is not
limited to, water lines, sewer lines, and other utilities, streets and roads, communications, and public facilities,
such as fire stations, parks, schools, and other similar type uses.
Inspector. A person authorized by the City to examine buildings, sites, infrastructure, or operations to ensure
compliance with applicable codes, regulations, standards, or permit conditions.
Irrigation System. An underground automatic watering system, which consists of heads, valves, pipes, etc.,
used for the sole purpose of sustaining and promoting plant life. This definition shall also apply to drip and soaker
hose irrigation.
Landscape Buffer. A combination of physical space and vertical elements such as plants, berms, fences,
and/or walls, the purpose of which is to separate and/or screen dissimilar land uses from each other.
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Landscape Screening. An area of landscaping featuring trees, shrubs, groundcover, and topping material
such as boulders, rock, stone, granite or other approved material, the purpose of which is to obscure or block
views into adjacent areas.
Land Use. The type of development activity or function conducted on a parcel of land or within a building, as
regulated by the zoning district in which it is located. This includes the principal use, accessory uses, and
conditional or temporary uses, as identified in this Development Code.
Light Fixture, Fully Shielded. Light fixture or luminous tube constructed and mounted such that all light
emitted by the fixture or tube, either directly from the lamp, tube, or a diffusing element, or indirectly by
reflection or refraction from any part of the light fixture, is projected below the horizontal. If the lamp or tube, any
reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or directly from the side,
from any angle around the fixture or tube, the fixture or tube is not fully shielded.
Light Fixture, Partially Shielded. A light fixture constructed and mounted such that most light emitted by the
fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part
of the fixture, is projected below the horizontal. Light emitted at or above the horizontal direction (sideways or
upwards) arises only from incidental decorative elements or strongly colored or diffusing materials such as
"honey" or colored glass or plastic. Fixtures using spot or flood lamps are considered partially shielded unless they
meet the definition for a fully shielded light fixture.
Light Fixture, Unshielded. A light fixture that is not fully shielded or partially shielded.
Lighting, Class 1. All outdoor lighting used for applications where color rendition is required to preserve the
effectiveness of an activity.
Lighting, Class 2. All outdoor lighting used for applications where general illumination for safety or security
of the grounds is the primary concern.
Lighting, Class 3. Any outdoor lighting used for decorative purposes.
Light Trespass. Light falling across property boundaries onto property not containing the original light
source.
Loading Space. An off-street space or berth used for the delivery and loading or unloading of vehicles.
Lot Area. The total area, measured on a horizontal plane, included within lot lines.
Lot Coverage. The total structural coverage provided on a lot or site inclusive of all roofed areas, including
roof overhangs or projections, or structures capable of supporting a roof divided by the net area of the lot .
Lot Depth. The average horizontal distance between the front and rear lot lines.
Lot Frontage. That horizontal dimension of a lot or portion of a lot abutting on a street.
Lot Line. The lines bounding lots defined as follows:
A.
Front Lot Line. The property line directly abutting a public or private street. For properties abutting
multiple streets, the front lot line shall be the property line abutting the street of higher functional
classification. If all abutting streets are of the same classification, the owner shall designate the front
lot line, subject to approval by the City. For flag lots, the front lot line shall be the lot line closest to and
most parallel with the accessway at the end of the access stem, as determined by the City.
B.
Rear Lot Line. The lot line most parallel to the front lot line. For three-sided lots, the point opposite the
front lot line shall be considered the rear lot line.
C.
Side Lot Line. Any lot lines not the front or rear lot line.
Lot Types.
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A.
Corner Lot. A lot that has at least two adjacent sides abutting on a street, provided that the interior
angle at the intersection of such two sides is less than 135 degrees.
B.
Double Frontage Lot. A lot, sometimes called a through lot, having a frontage on two nonintersecting
streets, as distinguished from a corner lot.
C.
Flag (Panhandle) Lot. A lot having access to a street or alley by means of a width less than the
minimum required lot width, but not less than 12 feet.
D.
Interior Lot. A lot other than a corner lot.
E.
Key Lot. A corner lot that is so designated that the lots located directly behind it face the side street of
the corner lot and are not separated by an alley.
F.
Reversed Frontage. A key lot, or the first lot to the rear of a corner lot, the front lot line of which is a
continuation of the side lot line of the corner lot and fronting on the street that intersects the street
upon which the corner lot fronts and/or that faces the street upon which the side of a corner lot abuts.
Lot Width. The width of the lot shall be:
A.
If the side lot lines are parallel, the distance between these side lot lines.
B.
If the side lot lines are not parallel, the length of a line at right angles to the axis of the lot at a distance
equal to the front setback required for the district in which the lot is located. The axis of a lot shall be a
line joining the midpoints of the front and rear lot lines.
Lumen. The unit used to measure the actual amount of light which is produced by a lamp.
Luminance. An objective measurement of the brightness of illumination, measured in candelas per square
foot (cd/ft2 ) or nits.
Maintenance Improvement District (MID). A district where residents are charged through property taxes to
cover maintenance costs for landscaping, irrigation, and drainage should an HOA be disbanded.
Maricopa Association of Governments (MAG). A council of governments, serving as the regional agency for
the Phoenix Metropolitan Area. MAG is also the metropolitan planning organization for the Phoenix Metropolitan
Area, tasked with transportation and air quality planning for the region.
Masonry Construction Materials. Materials that include, but are not limited to, brick, stone, concrete
masonry units, stucco, and concrete-panel construction.
Maximum Extent Feasible. Under the circumstances, no feasible and prudent alternative exists, and all
possible efforts to comply with the regulation or minimize potential harm or adverse impacts have been
undertaken.
Maximum Extent Practicable. Under the circumstances, reasonable efforts have been undertaken to comply
with the regulation or requirement, the costs of compliance clearly outweigh the potential benefits to the public or
would unreasonably burden the proposed project, and reasonable steps have been undertaken to minimize any
potential harm or adverse impacts.
Mechanical Equipment. All devices, appliances, and apparatus used to maintain environmental conditions
within a building or structure, including swimming pools and spas. Mechanical equipment includes, but is not
limited to, HVAC units, air conditioners, pool heaters, pool filters, and pool circulation pumps.
Model Home Complex. A group of dwellings temporarily utilized as an example of the dwellings which have
been built or which are proposed to be built in the same subdivision.
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National Register of Historic Places (NRHP). The U.S. government's official list of districts, sites, buildings,
structures, and objects deemed worthy of preservation.
Native. Indigenous to the specific site or to areas contiguous to a parcel being developed.
Natural Resources. Environmental and ecological assets; the land, water, plants, and animals that sustain us
and enhance our quality of life. Planning for natural resources means planning for natural resource protection,
including conservation, quality protection measures, and improved development practices.
Natural Grade. The topographic configuration of land prior to any grading or other human disturbance of the
site.
Net Floor Area. For the purpose of determining parking requirements, the total floor area of a building
measured from the interior faces of load-bearing walls, excluding air shafts, stairwells, elevator shafts, restrooms,
mechanical equipment rooms, atriums, and other such features as determined by the Zoning Administrator.
Neighborhood. A localized geographic area used to describe a subarea of a community that has common
character such as natural or historic character or is tied to a common local landmark, such as a church, school, or
other asset.
Outdoor Gathering Space. Open air or semi-enclosed public space intended for the benefit of residents,
employees, or visitors to a site.
Pad-Site Building. A building that is intended for a single commercial use and that is physically separate from
the principal or primary building on the site. The term is typically used in the context of retail shopping center
development.
Parapet Wall. A wall extending above the plate line of a building, typically provided for purposes of
architectural embellishment and/or to screen roof-mounted equipment.
Parking Aisle. The aisles on which vehicles are allowed access to the individual parking stalls which are
characterized by slow speeds and a high number of turning movements.
Parking Space. A permanently surfaced area enclosed or unenclosed, connected to a street or alley by a
permanently surfaced driveway permitting ingress or egress of an automobile.
Parking Structure. A structure or portion thereof that is fully or partially enclosed, composed of one or more
levels or floors, and used exclusively for the parking or storage of motor vehicles.
Pedestrian Way. A public walk dedicated entirely through a block, from street to street, or providing access
to a school, park, recreation area, or shopping center.
Permeable Pavement. A special type of asphalt or concrete prepared to allow water to deliberately infiltrate
through it to the ground below.
Person. A natural person, a corporation, a partnership, an association, a trust, or any other entity or any
combination thereof.
Planned Area Development (PAD). A customizable zoning district intended to facilitate innovative and
flexible development that results in a higher-quality built environment than what would be achievable through the
application of conventional zoning regulations alone. PADs are typically used to accommodate integrated mixed-
use projects, unique site constraints, or master planned communities, and are subject to a specific development
plan that governs land uses, densities, design standards, and other site-specific regulations.
Planning Unit Plan. A conceptual plan associated with a PAD which typically identifies land uses, design
character, or other standards or guidelines for each subarea (planning unit) within the PAD.
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Planning and Zoning Commission. A volunteer body of City residents appointed by the City Council,
responsible for reviewing and making recommendations or final decisions on certain development-related
applications, as specified in this Development Code.
Population Density. The number of people living within a square mile area.
Portable Storage Container. A device in the shape of a rectangular solid; constructed of metal, consisting of
four vertical walls, a floor and a ceiling and in which at least one vertical end is designed as a door and not
permanently affixed to the ground. Portable storage containers include devices initially designed to facilitate the
shipping of containerized cargo and constructed entirely of steel in a manner consistent with ISO 6346, and are
being reused to facilitate secure storage, but not designed as a building or habitable space as defined in the
Building Code unless converted through the permit process.
Primary or Principal Building. The building or structure on a non-residential development site used to
accommodate the majority of the principal permitted use(s). When there are multiple buildings on a commercial
development site, such as in a shopping center, the primary or principal building shall be the one containing the
greatest amount of gross floor area. Buildings sited on pad sites or free-standing kiosk/ATM machines cannot be
"primary" or "principal" buildings.
Principal or Primary Entrance. The place of ingress and egress most frequently used by the public, and which
is most visible and most easily identifiable from the principal street.
Pristine. For purposes of the native plant protection requirements of this Development Code, means
unaltered from its naturally occurring state, not spoiled, corrupted, or polluted.
Public Art. Sculptures, paintings, murals, and other forms of artwork are placed in public spaces or in public
view to enrich and add visual interest to the built environment.
Public Works Director. The Director of the City Public Works Department or designee.
Quality of Life. The general well-being of residents as influenced by the built environment, including factors
such as public safety, access to parks and open space, aesthetic character, traffic and noise levels, air and water
quality, and the compatibility of land uses. Zoning regulations help protect and enhance quality of life by
promoting orderly development, minimizing land use conflicts, and supporting a healthy, attractive, and functional
community.
Redevelopment. The process of building new construction on a site that has pre-existing, non-agricultural
uses, or renovating existing uses on a site.
Restricted-Affordable Dwelling Unit. A dwelling unit that, either through a deed restriction or a
Development Agreement with the City, must be rented to households earning no more than 80 percent of the area
median income.
Retaining Wall. A wall designed to withstand lateral and hydrostatic pressures and built to keep earth from
sliding.
Right-of-Way (ROW). A strip of land dedicated to the public and occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main,
or for another public use. The usage of the term "ROW" for land platting purposes means that every ROW
hereafter established and shown on a final plat is to be separate and distinct (e.g. fee simple dedication) from the
lots or parcels adjoining such ROW and are not included within the dimensions or areas of such lots or parcels (e.g.
ROW easements). "ROW " intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any
other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on
which such ROWis established.
Run-off. Stormwater that is held up on the land surface instead of seeping into the ground. This water either
evaporates or "runs off" across the land to nearby washes, rivers, streams or human made diversion structures.
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RV Garage. A garage designed to accommodate the size and mass of an RV, motorhome, travel trailer or
camper.
Screen. An opaque barrier designed and installed to conceal areas used for storage, refuse, mechanical
equipment, parking, or delivery service loading bays from street and public view, and/or to provide visual
separation between adjacent uses.
Screen Wall. An approved structure or fence intended to minimize adverse impacts associated with
contiguous or adjacent land uses, or effects of site operations such as dumpsters.
Seasonal Lighting Decoration. Low voltage lighting displays that are installed for seasonal holidays.
Setback. The required minimum or maximum distance between the building line and the related front, side,
or rear lot line and over which no part of any building may extend, except as otherwise provided. When the
property abuts a dedicated ROW or separate parcel, the distance shall be measured from the r future ROW line or
common parcel line. When the property abuts a private street, the distance shall be measured from the back of
the tract or easement used for the private accessway.
Setback, Streetside. The required minimum or maximum distance between the building line and any lot line
abutting a public street and over which no part of any building may extend, except as otherwise provided. The
distance shall be measured from the future ROW line or common parcel line.
Sewer. Any pipe or conduit used to collect and carry away sewage or stormwater runoff from the generating
source to treatment plants or receiving streams.
Sidewalk. A paved surface separated from the street and used as a pedestrian walkway.
Slope. The steepness or incline of land, expressed either as a percentage or as a ratio of horizontal distance
to vertical rise. A slope is calculated by dividing the vertical rise by the horizontal run and multiplying by 100 to
determine the percentage (e.g., a 25 percent slope). Alternatively, slope may be expressed as a ratio (e.g., 4:1),
indicating four feet of horizontal distance for every one foot of vertical rise.
Solid Waste. Any discarded material that is non-liquid, non-soluble, including garbage or refuse, organic or
inorganic, whether recyclable or non-recyclable.
Standard. A definite rule, principle, or measure with which compliance is mandatory. A development
application may be denied for failure to meet one or more standards established by this Development Code.
Stormwater. Water that originates during precipitation events and snow/ice melt.
Street. A ROW other than an alley, dedicated or otherwise legally established for public use, usually affording
the principal means of access to abutting property.
Street, Arterial. A major roadway intended to carry high volumes of traffic over longer distances, providing
primary connections between freeways, highways, and major activity centers. Arterial streets prioritize through
traffic movement over local access and typically feature higher speed limits, limited driveways, and signalized
intersections.
Street, Collector. A roadway that provides intermediate connectivity by collecting traffic from local streets
and distributing it to arterial streets. Collector streets can serve both residential neighborhoods and commercial
areas with moderate traffic volumes, lower speeds, and more frequent access points than arterials.
Street Light Improvement District (SLID). A district for the purpose of purchasing electrical power for the use
of public lighting facilities within City ROW and are assessed through property taxes.
Street, Local. A street primarily intended to provide direct access to adjacent properties and serve short-
distance, low-speed travel within neighborhoods. Local streets carry low traffic volumes and are not intended for
through traffic or regional connectivity.
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Street, Principal. The street adjacent to a lot or site with the highest classification, as described in Section 6-3
of the Engineering Design Standards.
Street, Private. A platted street providing limited local traffic circulation among adjacent lots which is
privately owned and maintained, contained within a private street tract, and constructed in compliance with the
requirements of this Development Code.
Street-Facing Facade. A wall of a building that is within 60 degrees of parallel to a street lot line; and is not
behind another wall, as determined by measuring perpendicular to the street lot line.
Street Furniture. Those features associated with a street that are intended to enhance the street's physical
character and be used by pedestrians, such as benches, trash receptacles, and kiosks.
Structure. Anything constructed or erected, the use of which requires location on the ground or attachment
to something having location on the ground. Permanent structures exclude tents, vehicles, and travel trailers.
Substantial Conformance. A determination that a proposed development, site plan, or building permit is
materially consistent with an approved plan, zoning entitlement, or development agreement, even if minor
deviations exist. Such deviations must not alter the overall character, land use mix, density, circulation, or other
key components of the originally approved plan by more than 10 percent, must not significantly impact
surrounding properties, and must comply with applicable development standards and conditions of approval.
Determination of substantial conformance shall ultimately be subject to the discretion of the Zoning Administrator
and/or the City Engineer.
Sustainable Development. Development that minimizes environmental impact, supports long-term resource
efficiency, and promotes a balanced relationship between land use, infrastructure, and natural systems to ensure
the well-being of current and future residents.
Sustainable Roof. A "cool roof" that has a solar reflectance index of 78 for flat roofs, or 29 for roofs with a
slope greater than 2:12; or a vegetated roof that includes vegetation on at least 50 percent of the roof area of all
buildings in the project, and that uses only drought-tolerant landscaping.
Traffic Calming. Measures that make permanent, physical changes to streets to slow traffic and/or reduce
volumes.
Transit. Asystem of regularly scheduled buses and/or rail available to the public on a fee per-ride basis.
Transportation Master Plan (TMP). A planning document that provides long-term guidance for the planning
of roadway, transit, and non-motorized transportation projects.
Unified Development. A large development with a comprehensive and consistent development theme
typically composed of retail, office, and other commercial businesses. Such developments share access, parking
and circulation and are typically designed as regional entertainment, employment or commercial destinations and
are often collectively marketed and identified. This definition includes shopping centers with a gross floor area of
over 100,000 square feet, auto malls, business parks, and industrial parks.
Unsalvageable Plant. A protected native plant that cannot be successfully relocated due to deteriorated
health from disease, infestation, or natural causes, or physical constraints related to plant location, orientation, or
general condition which obstruct and/or prevent the application of approved relocation techniques.
Wash. A watercourse that flows during flood events or intermittently that often serves as a wildlife corridor.
Wastewater. Spent or used water with dissolved or suspended solids, discharged from homes, commercial
establishments, farms, and industries.
Wildlife Corridor. (Or wildlife linkage) an area of undeveloped habitat used by wildlife to move between or
within habitat blocks to complete activities necessary for survival and reproduction. Corridors are preserved or
may be constructed to allow passage for wildlife through developed areas.
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Xeriscape. Water-conserving landscape designs that take into account soil and drainage factors,
microclimates, grouping of plants with similar water use requirements, efficient irrigation systems, native
vegetation, paving permeability, and low-water-using and drought tolerant vegetation. Xeriscape landscaping is
not intended to solely describe cactus, rocks and gravel, nor shall “xeri” be interpreted to mean zero.
Yard. An open space on the same lot with a building, unoccupied and unobstructed by any portion of a
structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of
determining the width of side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal
distance between the lot line and the main building shall be used.
Yard, Front. A yard extending across the front lot line between the side lot lines, and being the minimum
horizontal distance between the front lot line and the front wall of any building.
Yard, Rear. A yard extending across the rear lot line between the side lot lines, and being the minimum
horizontal distance between the rear lot line and the rear wall of the main building. The rear yard shall in all cases
be at the opposite end of the lot from the front yard.
Yard, Side. A yard between the main building and the side-line of the lot, and being the minimum horizontal
distance between the building and the side lot line and extending from the front lot line to the rear lot line.
Zoning. Describes the regulatory control of the use of land, and buildings within a jurisdictional boundary.
Areas of land are divided by appropriate authorities into zones within which various uses are permitted and
regulated.
Zoning Administrator. The City Zoning Administrator or designee as authorized in this Development Code
and A.R.S § 9-462.05.C.
(Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)
Ord. No. 01-24, § 3(Exh. B), adopted Feb. 20, 2020, repealed former 10-3 in its entirety, and amended and
renumbered § 10.4 as § 10.3. Formerly § 10.3 pertained to definitions of general use categories and specific
use types, and derived from Ord. No. 37-09, § 1, adopted Dec. 16, 2009; Ord. No. 04-11, § 5, adopted Feb.
15, 2011; Ord. No. 14-15, § 2, adopted July 7, 2015; Ord. No. 18-17, §§ 8, 9, adopted July 5, 2017; Ord. No.
11-20, § 3, adopted Aug. 18, 2020; Ord. No. 07-22, § 3 (PLZM-21-0060), adopted April 19, 2022; and Ord. No.
37-23, § 3(Att.), adopted Aug. 1, 2023.
10.4. DEFINITIONS OF SIGNS
Electronic Message Display. A sign or portion of a sign that is capable of changing by electronic or automatic
means the characters, letters, numbers, illustrations, display, color, and/or light intensity.
Flag. A piece of fabric or other flexible material, with distinctive colors and patterns, customarily mounted on
a pole or similar freestanding structure, or on a pole mounted on a building.
Illumination, Direct. Illumination resulting from light emitted directly from a light bulb or light fixture, not
light diffused through translucent signs or reflected from other surfaces such as the ground or building face.
Illumination, External. Illumination on the face of the sign reflecting light from an external light source
intentionally directed upon it.
Illumination, Internal. A form of internal sign illumination that includes cabinet signs, single-color LED signs,
signs constructed with pan channel letters, or indirect halo illuminated channel letters on an unlit or otherwise
indistinguishable background on a freestanding sign or building wall.
Illumination, Halo. Illumination produced by recessing a light source inside a hollow character with an open
back or within the surface to which sign letters are mounted. An outline glow around the characters is created by
this light reflecting off the background to which the characters are attached.
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Logo. A graphic image or words representing an organization, product, or business in the form of a stylized
group of letters, words, numbers, or symbols.
Luminance. The light that is emitted by a light source or reflected from a surface, measured in foot-lamberts
or nits. See also "illuminance".
Monument Sign Base. The base of a freestanding monument sign that supports the signage mounted above
the base.
Neon. A type of illumination emanating from a luminous glass tube filled with a gas or gas mixture (including
neon, argon, mercury, or other gases), usually of small diameter (10-15 millimeters), caused to emit light by the
passage of an electric current, and commonly bent into various forms for use as decoration or signs. Does not
include common fluorescent tubes.
Noncommercial Message. Any copy that communicates a message that is not a commercial message. A
noncommercial message does not directly or indirectly name, draw attention to, or advertise a business, product,
good, service, or other commercial activity, or propose a commercial transaction.
Professionally Crafted. A temporary or permanent sign that is made to a high standard by a competent
individual(s) skilled in sign design, fabrication, and installation.
Raceway. An enclosed conduit for electrical wiring.
Sign. A permanent or temporary structure, device, figure, display, message placard or other contrivance, or
any part thereof, situated outdoors or indoors, which is designed, constructed, intended or used to advertise,
provide information in the nature of advertising, provide historical, cultural, archaeological, ideological, political,
religious, or social information, or direct or attract attention to an object, person, institution, business, product,
service, message, event or location by any means, including words, letters, figures, designs, symbols, fixtures,
colors, or illumination.
Sign Face. The exterior surface of a sign, exclusive of structural supports, on which is placed the sign copy.
Sign, Abandoned. A sign that identifies a business, lessor, owner, product, service, or activity that is no
longer on the premises where the sign is displayed.
Sign, Accessory. A permanent sign which is subordinate to a permitted use of a lot or building that provides
accessory or supplemental information, such as a building directory or directions to various uses or facilities.
Sign, Active Residential Development. A sign for an active residential development.
Sign, A-Frame. A portable pedestrian-oriented sign that is not permanently affixed to a structure or the
ground to advertise special goods, services, or products offered on the site (also known as a Sandwich Board Sign
or an Upright Sign).
Sign, Awning. Any permanent sign that is part of or attached to an awning, canopy, or other fabric, plastic or
structural protective cover located over a door, entrance, window, storefront, or outdoor service area.
Sign, Balloon Bobber. A reusable pre-formed balloon with regular air made of a durable PVC vinyl that does
not need to be inflated and typically attached to a short pole.
Sign, Bandit. Any sign that is placed on public or private property without the consent of the property owner
or as authorized in Section 5.11, Signs. (Syn. Snipe Sign).
Sign, Banner. A temporary sign constructed of cloth, bunting, plastic, paper, or similar material and securely
attached to a wall or support structure. Flags are not considered temporary banners.
Sign, Billboard. An off-premise permanent structure for the large format display of a commercial or non-
commercial message intended for viewing from extended distances, generally more than 50 feet. A billboard
includes a digital billboard and a non-digital billboard.
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Sign, Blade. A permanent sign that is perpendicular to the face of a building and projects outward from the
building face. Also known as a vertical projecting sign.
Sign, Building Mounted. A permanent sign attached, connected, painted, or erected on the wall, parapet, or
fascia of a building or structure.
Sign, Cabinet. A permanent building-mounted or freestanding sign with its text and/or logo, symbols, and
artwork on a panel that is mounted within a metal frame or cabinet that contains the lighting fixtures to illuminate
the sign face from behind.
Sign, Canopy. A permanent sign that is printed, painted, or affixed to a canopy and used to accent building
entries.
Sign, Changeable Copy. A permanent sign that is designed so that characters, letters, numbers, or
illustrations can be manually or mechanically changed or rearranged without altering the face or surface of the
sign.
Sign, Channel Letter Sign. A sign made with three dimensional, individually manufactured letters, figures, or
other symbols which may contain a light source that illuminates the front face of the sign’s letters, figures, or other
symbols.
Sign, Commemorative. Any sign containing words or figures commemorating a historical, cultural, or artistic
event or location.
Sign, Community Kiosk. A permanent freestanding City-owned sign that provides directional information to
community facilities and attractions and residential development, including mobile home parks and apartment
developments.
Sign, Digital Billboard. An off-premise permanent structure for the display of a commercial or non-
commercial message using a computer-controlled LED display, capable of displaying images, text, and other
content that can be digitally changed remotely or automatically.
Sign, Electronic Message Display. A permanent sign or portion of a sign that utilizes an electronic message
display (see the definition of electronic message display).
Sign, Freestanding. A permanent sign that is erected or mounted on its own self-supporting permanent
structure or base detached from any supporting elements of a building
Sign, Freestanding Pennant. A portable sign that is taller than it is wide and made of a flexible material
(typically cloth, nylon, or vinyl) and mounted to a pole.
Sign, Freestanding Projecting. A permanent freestanding sign type featuring a double or single sided sign
face, projecting outward at a perpendicular angle from a sign pole or post.
Sign, Freeway-Oriented Identification Sign. A permanent sign in the Interstate 10 and State Route SR85
corridor, i.e., a zone measuring 1,320 feet from the centerline of I-10 and SR85. This may be expanded to include
signs in the future State Route 30 corridor, once the future ROW is known.
Sign, Fuel Pump Topper. A sign affixed to the top of an operable fuel dispensing pump used to advertise
goods offered for sale on the same parcel on which the fuel pump is located.
Sign, Incidental. A sign which provides incidental information, including security, credit card acceptance,
business hours, open/closed, directions to services and facilities, or menus and excluding menu board signs for
drive-through restaurants.
Sign, Individual Letter. A cut-out or etched letter or logo which is individually mounted on a building wall, or
freestanding sign.
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Sign, Landmark. A historically designated sign determined by the City to have attained a high degree of
community, cultural, aesthetic, or historic designation and significance.
Sign, Landscape Wall. A sign consisting of individual letters mounted on a perimeter wall which may be
attached or detached from a building, but which is architecturally integrated with an overall development.
Sign LED. A permanent sign consisting of light emitting diodes (electronic components that let electricity pass
in only one direction) that emit visible light when electricity is applied. May be one-color, two-color, or more than
one color LED displays.
Sign, Marquee. A permanent sign structure placed over the entrance to a building and customarily used for a
theater or other entertainment use.
Sign, Monument. A permanent freestanding sign, with a solid base that is equal to or larger than the width
of the sign face.
Sign, Neighborhood Kiosk. A freestanding sign owned and maintained by a homeowners association that
provides directional information to community facilities and attractions.
Sign, Nonconforming. Any permanent sign legally established prior to the effective date which does not fully
comply with the standards imposed by the individual sections of this Development Code.
Sign, Non-Digital Billboard. A permanent off-premise structure for the display of a commercial or non-
commercial message that does not use any computer-controlled LED displays. Non-digital billboards may be non-
illuminated or externally illuminated. (Syn. Static billboard).
Sign, Off-Premises. Any sign that directs attention to a business, commodity, service, entertainment,
product, structure, use or property different from a structure or use existing on the property where the sign is
located, and/or any sign on which space is rented, donated, or sold by the owner of said sign or property for the
purpose of conveying a message.
Sign, Painted Wall. A permanent sign painted directly onto the exterior wall of a building and having no sign
structure.
Sign, Pan Channel Letters. A sign made with three dimensional, individually manufactured letters, figures, or
other symbols with a closed back which may contain a light source to provide light through a translucent panel on
the front of the sign letters, figures, or symbols.
Sign, Pennant. A sign made of flexible materials usually longer than it is wide, often triangular in shape, and
frequently displayed with other pennants on a string.
Sign, Permanent. A sign constructed of durable materials and intended to exist for the duration of time that
the use or occupant is located on the premises.
Sign, Political. A sign allowed in compliance with A.R.S. §16-1019 designed to influence the action of voters
for the passage or defeat of a measure, question or issue, or the election or defeat of a candidate for a public
office at a national, state, local, or other election.
Sign, Portable. A sign not permanently attached to the ground, a building, structure, or other immovable
object that can be readily removed. Includes A-frame signs, upright signs, yard sign type I signs, non-permanent
window signs, feather banners, and sign walker signs.
Sign, Post. A permanent sign mounted on either a single post or two or more posts.
Sign, Prohibited. Any sign not in accordance with or authorized in Section 5.11, Signs.
Sign, Reverse Pan Channel Letters. A sign made with three dimensional, individually manufactured letters,
figures, or other symbols with an open back which may contain a light source to provide light onto the sign
background against which the channel letters are silhouetted. (Syn. Halo-Illuminated Letters).
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Sign Rider. A small sign that is mounted underneath, on top of, or next to a portable sign or temporary sign
that is frequently utilized by realtors to display supplemental information.
Sign, Roof-Mounted. Any permanent or temporary sign erected, painted, or attached on or over the roof of
a building.
Sign, Service Island Canopy. A permanent sign mounted on or under a service island canopy, including on a
fascia.
Sign, Single-Color or Two-Color. A permanent or temporary sign or portion of a sign composed of single-
color or two-color LEDs that displays static or changeable sign messages using characters, letters, and numbers
only. Examples of these signs include, but are not limited to, “open” or “closed” signs,” “time and temperature”
signs, or signs indicating the number of available spaces in a parking facility.
Sign, Spinner. A lightweight, durable, and colorful device designed to be affected by the movement of air so
that it spins or rotates in a manner to capture attention.
Sign, Temporary. A sign intended for a limited period of display which is affixed to the ground, a structure or
a window. Includes a banner sign and yard sign type II and type III signs, balloons and inflatables, and temporary
model home complex/active residential development signs.
Sign, Temporary Model Home Complex. Temporary signs used to advertise dwellings temporarily utilized as
an example of the dwellings which have been built or which are proposed to be built in the same subdivision.
Sign, Vehicular. Any sign on or attached or affixed to a truck, van, automobile, trailer, or other vehicle.
Sign, Upright. See Sign, A-Frame.
Sign, Wall. A permanent sign affixed to or erected against the wall or parapet of a building with the exposed
face of the sign parallel to the plane of wall or parapet to which it is affixed or erected.
Sign, On-Site. A sign whose message and design relates to a business, profession, product, service, event, or
other commercial activity sold, offered, or conducted on the same property or unified development where the sign
is located.
Sign, Walker. A person who wears, holds, or balances a sign.
Sign, Window. A permanent or non-permanent sign posted, painted, placed, or affixed in, on, or within a
window, or otherwise exposed to public view through a window.
Sign, Yard, Type I. A small portable sign typically constructed of corrugated plastic and supported on an H-
shaped wire frame used for example, for advertising by local businesses or by election campaigns. (Syn: Lawn
Sign).
Sign, Yard, Type II. A temporary sign mounted on a single post installed securely in the ground with a small
sign hanging from a cross-bar mounted parallel to the ground.
Sign, Yard, Type III. A temporary large typically wooden sign mounted on two posts installed securely in the
ground.
Sign Structure. The supports, uprights, bracing, and/or framework of a sign.
Static Message or Display. Means a sign face that does not change within a 24-hour period.
Valance. The vertical front face of an awning, parallel to the face of the building to which it is mounted.
APPENDIX A. PROTECTED NATIVE PLANTS
Buckeye, Arizona, Code of Ordinances
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(Supp. No. 20, Update 2)
Page 1 of 7
APPENDIX A. PROTECTED NATIVE PLANTS
TREES
Botanical Name
Common Name
Acacia constricta
Whitethorn Acacia
Acacia greggii
Catclaw Acacia
Canotia holocantha
Crucifixion Thorn
Celtis reticulate
Hackberry
Cercidium floridum
Blue Palo Verde
Cercidium microphylum
Foothill Palo Verde
Chilopsis linearis
Desert Willow
Juniperous species
Juniper
Olneya tesota
Ironwood
Prosopis species
Mesquite
Vauquelinea Californica
Arizona Rosewood
CACTI
Botanical Name
Common Name
Carnegiea gigantea
Saguaro
Echinocactus Grussonii
Golden Barrel
Echinocereus Engelmannii
Hedgehog
Ferocactus species
Barrel
Fouquieria splendens
Ocotillo
Opuntia species
Prickly Pear and Cholla
Yucca species
Soaptree Yucca
APPENDIX B. OBSOLETE DISTRICTS DEVELOPMENT STANDARDS
TABLE 5-I REQUIRED BUILDING SETBACKS FOR NEW DEVELOPMENT
(BY ZONING DISTRICT)
Front
Setback (feet)
Interior Side
Setback (feet)
Street Side
Setback (feet)
Rear
Setback (feet)
Rural Residential
40
20
20
40
Planned
Residential
Setbacks shall be as required by the Rural Residential District or as determined
by an approved plat
Mixed Residential
10
5
5
10
Planned
Community
Setbacks shall be as required by the Rural Residential District or as determined
by an approved overlay district
Commercial
Center
0
0
0
15
APPENDIX B. OBSOLETE DISTRICTS DEVELOPMENT STANDARDS
Buckeye, Arizona, Code of Ordinances
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(Supp. No. 20, Update 2)
Page 2 of 7
General
Commerce
20
50
50
50
Special Use
40
30
40
40
*Rear setbacks shall be for principal buildings only.
*All distances are in feet and are measured from their respective property line.
*Residential setbacks in existing subdivisions shall be those in place at the time of plat approval.
*Commercial uses in the Mixed Residential District may use setbacks stated for the Commercial Center District.
* Landscape setbacks adjacent to public streets shall be provided in compliance with Article 5, Development and
design Standards and Guidelines. If the required building setback in this table is less than the required
landscape setback, the building may encroach into the landscape setback; however, no paved surfaces for
parking or storage are permitted within the required landscape setback.
* Landscape buffers separating dissimilar land uses shall be provided in compliance with Article 5, Development
and Design Standards and Guidelines. If the required buffer exceeds the required building setback, the
required buffer distance shall override the setback and act as the minimum building setback from the
applicable property line.
TABLE 5-J RESTRICTIONS ON BUILDING HEIGHT
FOR NEW DEVELOPMENT (BY ZONING DISTRICT)
Maximum Building Height
(feet)
Rural Residential
30
Planned Residential
30
Mixed Residential
30
Planned Community
Building heights will be as allowed in the Rural Residential District
or if approved, as determined by an approved overlay district.
Commercial Center
45; Multi-family development
may exceed 45 feet but not
exceed 60 feet in height. Where
multi-family development is
proposed adjacent to a single-
family residential development,
the setback shall be equal to or
greater than the building height
to the property line adjacent to
the single-family residential
development.
General Commerce
Sites less than 20 acres: 45
Sites greater than 20 acres: 55
feet at setback line and an
increase of one foot in height
for every three feet in
APPENDIX B. OBSOLETE DISTRICTS DEVELOPMENT STANDARDS
Buckeye, Arizona, Code of Ordinances
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(Supp. No. 20, Update 2)
Page 3 of 7
additional setback to a
maximum of 120 feet in height
Special Use
45
TABLE 5-K RESTRICTIONS ON LOT WIDTH AND COVERAGE
FOR NEW DEVELOPMENT (BY ZONING DISTRICT)
Maximum Lot Coverage
(in percent)
Minimum Lot Width
(in feet)
Rural Residential
20%
100
Planned Residential
-
Lot width will be as allowed in
the Rural Residential Zoning
District or as determined by an
approved plat.
Mixed Residential
-
75
Planned Community
Lot coverage and width will be as allowed in the Rural Residential
Zoning District or as determined by an approved overlay district
Commercial Center
-
50
General Commerce
-
100
Special Use
N/A
N/A
*All dimensions are in feet
*The lot width requirements do not apply to existing lots
TABLE 5-L REQUIRED MINIMUM LOT AREA
(BY ZONING DISTRICT)
Rural Residential
Ten (10) acres unless part of an approved subdivision, in which case the
minimum lot size shall be one acre per dwelling unit.
Planned Residential
Lot size shall be as required in the Rural Residential District unless part of
an approved subdivision, in which case there shall be no minimum lot size.
Mixed Residential
Six thousand (6,000) square feet for single-family dwellings or two
thousand (2,000) square feet per multiple family dwelling.
Planned Community
Lot size shall be as required in the Rural Residential District unless part of
an approved overlay district, in which case there shall be no minimum lot
size.
Commercial Center
Ten thousand (10,000) square feet or three thousand (3,000) square feet
per dwelling unit.
General Commerce
One (1) acre unless part of an approved subdivision, in which case there
shall be no minimum lot size.
Special Use
Ten (10) acres.
*Lot area is the amount of land contained within a lot, measured in acres or in square feet.
*Existing lots are exempted from lot area requirements listed above.
APPENDIX B. OBSOLETE DISTRICTS DEVELOPMENT STANDARDS
Buckeye, Arizona, Code of Ordinances
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(Supp. No. 20, Update 2)
Page 4 of 7
*Mixed use projects in the CC District may utilize the full parcel area in calculating permitted dwelling units, which
may allow for higher density on portions of a master site planned area.
APPENDIX C. OBSOLETE DISTRICTS PERMISSIBLE USES
Buckeye, Arizona, Code of Ordinances
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(Supp. No. 20, Update 2)
Page 5 of 7
APPENDIX C. OBSOLETE DISTRICTS PERMISSIBLE USES
Note: Conditional Uses are designated with a "C." All other Permitted Uses are designated with a "P."
The presumption established by this Development Code is that all legitimate uses of land are permissible
within at least one of the obsolete zoning districts. Therefore, because the list of permissible uses set forth in
Appendix C cannot be all inclusive, those uses that are listed shall be interpreted liberally to include other uses that
have similar impacts to the listed uses.
ZONING DISTRICT
PRINCIPAL USE1
RR
PR
MR
PC
CC
GC
SU
Airport and related uses
C
C
Amusement facility
C
C
Animal hospital
C
C
P
Animal production/breeding
P
P
Automotive service/repair
P
P
Bar, lounge, or tavern
C
C
Battery energy storage system (BESS)
C
P
Bed and breakfast
C
C
C
Boarding house
C
C
C
Bowling alley
P
P
Building material sales (outdoor)
P
Cabinet making/woodworking
P
P
P
Campgrounds, overnight
C
C
Cellular/radio tower
C
C
C
C
C
P
C
Cemetery
C
C
C
Clinic/health care facility
P
P
P
Club, private nonprofit
P
P
Commercial Ranch
P
P
Convenience storage
P
P
Crop production
C
P
P
P
P
Dairy
C
P
Day care center
C
C
C
C
Equipment and tool rental
P
P
Feed store
P
P
P
Funeral home
C
C
Golf course/resort
C
P
P
P
P
Group home
P
P
Guest room
P
P
Home occupation
P
P
P
P
Hospital
C
C
Hotel/motel
P
P
APPENDIX C. OBSOLETE DISTRICTS PERMISSIBLE USES
Buckeye, Arizona, Code of Ordinances
Created: 2024-07-26 11:50:38 [EST]
(Supp. No. 20, Update 2)
Page 6 of 7
Kennel
C
Liquor store
C
C
Machine shop
P
Machinery and equipment storage
P
Machinery sales and service
P
Manufactured home park
C
C
Manufactured home subdivision
C
C
Manufacturing, custom
P
P
P
Manufacturing, heavy
C
Manufacturing, light
P
Master planned community
P
Meat processing, commercial
C
Multiple-family dwelling
P
P
Museum
P
P
P
Nursing home
C
C
Office building
P
P
P
Places of public assembly
P
P
P
Places of worship
P
P
P
P
P
P
P
Plant nurseries, retail
P
P
Plant nurseries, wholesale
P
P
Quarters for caretaker
P
P
P
P
Recreational vehicle park
C
C
C
Residential facility
P
P
P
P
P
Residential ranch
P
P
Retail, convenience establishment
P
P
Retail, general establishment
P
P
Riding stables and corral
P
P
Roadside stand
P
Rodeo arena
P
P
Satellite earth station
C
C
C
Schools, public, charter and private
P
P
P
P
Service establishment
P
P
Shopping center/plaza mall
P
P
Single-family dwelling2
P
P
P
P
P
Social service facility
C
Solar generation station
P
P
C
Swap meet
P
P
Temporary Uses3
P
P
P
P
P
P
P
Tobacco oriented retailer4
P
P
Truck repair and overhaul
P
Truck stop
P
Utility facility, major
C
C
P
C
APPENDIX C. OBSOLETE DISTRICTS PERMISSIBLE USES
Buckeye, Arizona, Code of Ordinances
Created: 2024-07-26 11:50:38 [EST]
(Supp. No. 20, Update 2)
Page 7 of 7
Utility facility, minor
P
P
P
P
P
P
P
Vehicle and RV sales/service
P
Vehicle storage
P
Veterinary clinic
P
P
P
Warehousing, retail
P
P
Warehousing, wholesale
P
Zoo, private or public
C
C
C
1. Accessory Dwelling Units are allowed in the Obsolete Districts that allow single-family attached and detached
dwellings.
2. Single-family attached and detached dwellings are allowed in the SU Districts within the Downtown Overlay,
subject to the DR District development standards; max. 1 dwelling per lot.
3. Temporary Uses are subject to the use-specific standards in Article 3, Use Regulations.
4. Tobacco Oriented Retailers are subject to the use-specific standards in Article 3, Use Regulations.
(Ord. No. 14-15, § 4, 7-7-2015; Ord. No. 18-17, § 11(Exh. B), 7-5-2017; Ord. No. 11-20, § 3, 8-18-2020; Ord. No. 07-
22, § 3 (PLZM-21-0060), 4-19-2022)