ZoningVerdict

Variances and appeals in Buckeye, AZ

What the Buckeye zoning ordinance says about variances and appeals, district by district. Section numbers link to the official ordinance.

All districts

Variances are decided by the City's Hearing Officer, not a multi-member Board of Adjustment. The Hearing Officer must find that strict application of the Development Code creates a practical difficulty or unnecessary hardship prohibiting an otherwise-allowed use of the land; that special circumstances tied to the property (size, shape, topography, location, or surroundings) deprive it of privileges enjoyed by similarly classified property; and that those special circumstances are not self-imposed (Sec. 8.12.2.B). The Hearing Officer must also find the conditions in A.R.S. Section 9-462.06.G.2 and H.2 are met. A variance not utilized within two years becomes void, with no extensions (Sec. 8.12.2.A). Variances cannot authorize a use not otherwise permitted in the district. Smaller relief (up to 15 percent from lot size, setback, or numerical development standards) may instead qualify for a Minor Modification approved administratively by the Zoning Administrator under Sec. 8.13, which cannot increase density, change permitted uses, or reduce height buffers near residential areas within 100 feet.

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