2. ORD Zoning Code Text Amendment: Assisted Living Homes Occupancy

ORDINANCE NO.  O2026-024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUMA, ARIZONA, AMENDING CHAPTER 154 OF THE YUMA CITY CODE TO COMPLY WITH STATE STATUTE RELATING TO ASSISTED LIVING HOMES

WHEREAS, Senate Bill 1473, approved by the legislature and signed by the Governor on April 7, 2026, requires by ordinance that municipalities may not impose a cap of less than ten residents within an assisted living home; and,

WHEREAS, the City of Yuma City Code defines assisted living homes as residential care facilities; and, 

WHEREAS, from time to time, it may be desirable to modify the zoning code within the context of a dynamic and growing community; and,

WHEREAS, the City of Yuma Planning and Zoning Commission held a public hearing on July 27, 2026, in Case No: ZONE-45326-2026 in the manner prescribed by law for the purpose of amending the City of Yuma Zoning Code; and,

WHEREAS, due and proper notice of the public hearing was given in the time, form, substance and manner provided by law, including publication of notice of the hearing in the Yuma Sun on June 26, 2026; and, 		

WHEREAS, the City Council has considered the recommendation of the Planning and Zoning Commission to approve the zoning code text amendment in Case No: ZONE-45326-2026 and the probable impact on the cost to construct housing for sale or rent that may occur as a result of this amendment, and finds that the recommendation complies with and supports the goals and objectives of the Yuma General Plan, as amended. 

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Yuma as follows:

SECTION 1: Yuma City Code, Title 15, Chapter 154, Article 01, Section 07, Definitions, be amended to insert the bolded text and delete the strike through text: 
§154-01.07 Definitions. (B)
NURSING AND PERSONAL CARE FACILITY. Establishments primarily engaged in providing inpatient nursing and health-related personal care to eleven seven or more residents, such as convalescent homes with health care and rest homes with health care. These facilities shall not include any persons whose occupancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others. This definition is inclusive of the Assisted Living Center with eleven seven or more residents and the Adult Foster Care Facility with five or more residents as defined by A.R.S. § 36-401.
RESIDENTIAL CARE HOME. Establishments primarily engaged in the provision of social and personal care in a residential setting for ten six or fewer persons with limits on ability for self-care. Included are establishments providing 24-hour year-round care for children. These facilities shall not include any persons whose occupancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others. Establishments of this type located within any residential districts shall not be located within 1,200 feet of another residential care home that is also located within any residential district. This definition is inclusive of the Group Home and the Nursing-Supported Group Home with six or fewer residents as defined by A.R.S § 36-551. This definition is inclusive of the Assisted Living Home with ten six or fewer residents and the Adult Foster Care Home with four or fewer residents as defined by A.R.S. § 36-401.
SECTION 2: It shall be unlawful for any person, firm or corporation to violate, or cause the violation of, any provision of this ordinance. Any person, firm or corporation violating any of the provisions in this ordinance shall be guilty of a class 1 misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $1,000 or by imprisonment for not more than ten days or both fine and imprisonment. Each separate day or part thereof during which any violation of said sections occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.



Adopted this ________ day of ___________________, 2026.

APPROVED:


____________________	
Douglas J. Nicholls
Mayor

ATTESTED:

____________________
Janet L. Pierson
City Clerk


APPROVED AS TO FORM:

____________________
Richard W. Files
City Attorney






Applicable exhibits on file at the Office of the City Clerk, One City Plaza, Yuma, AZ.