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ORDINANCE NO. O21-27
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING
THE ZONING ORDINANCE OF THE CITY OF GLENDALE,
ARIZONA, BY APPROVING ZONING TEXT AMENDMENT
ZTA21-01 FOR GROUP HOMES WHICH AMENDS ARTICLE
7, SECTION 7.502 (GENERAL DEVELOPMENT STANDARDS
- GROUP
HOMES)
OF THE
ZONING ORDINANCE;
PROVIDING FOR SEVERABILITY, SETTING FORTH AN
EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO
RECORD A CERTIFIED COPY OF THIS ORDINANCE.
WHEREAS, the City of Glendale Planning Commission held a public hearing on March
18, 2021 in zoning text amendment case ZTA21-01 in the manner prescribed by law for the
purpose of amending various sections of the Zoning Ordinance for Group Homes; and
WHEREAS, due and proper notice of such public hearing was given in the time, form,
substance and manner provided by law including publication of such notice in The Glendale Star
on February 25, 2021; and
WHEREAS, the City of Glendale Planning Commission has recommended to the mayor
and the council approval of the zoning text amendment, and the mayor and the council desire to
accept such recommendation and amend various sections of the zoning ordinance.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows:
SECTION 1. That the Zoning Ordinance of the City of Glendale, Arizona, Article 7,
Section 7.502 is amended to read as follows:
7.502 - Group Homes.
A RESIDENTIAL HOME OR BUILDING(S) FOR SIX OR MORE UNRELATED
INDIVIDUALS PROVIDING LIVING FACILITIES AND SLEEPING ROOMS AND
WHICH ALSO PROVIDES LIMITED SERVICES, SUCH AS, BUT NOT LIMITED TO
MEALS, SERVICES TO PROMOTE EMOTIONAL SUPPORT, LIFE SKILLS
DEVELOPMENT AND /OR EMPLOYMENT TRAINING. Adult Care Homes, Juvenile
Group Homes, Group Homes for the Disabled, and Supervisory Care Facilities (for purposes of
this Section 7.502, such uses are collectively referred to as ("Group Homes") shall be permitted,
provided that:
A. No Group Home is located on a lot within one thousand three hundred twenty (1,320)
feet, measured by a straight line in any direction, from the lot line of another Group
Home, unless a disability accommodation is authorized under this section:
1. Disability Accommodation
a. A disability accommodation from a development standard or separation
requirement shall not be authorized unless the Board of Adjustment shall find
upon sufficient evidence all of the following:
i.
The requested accommodation is requested by or on the behalf of one (1) 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.);
ii.
The requested accommodation is necessary to afford an individual with a
disability equal opportunity to use and enjoy a dwelling;
iii.
The standard or requirement unduly restricts the opportunity for a person with
a disability from finding adequate housing within the City of Glendale;
iv.
The requested accommodation does not fundamentally alter the nature and
purpose of the Zoning Ordinance of the City of Glendale;
v.
The requested accommodation will not impose an undue financial or
administrative burden on the City, as "undue financial or administrative
burden" is defined in federal and 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.
c. The requested accommodation must comply with all applicable building and fire
codes.
d. The requested 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.
e. The requested accommodation shall require submittal of an application, including
the required fee, as published in the fee schedule, and comply with all public
notification requirements. THE REQUESTED ACCOMMODATION SHALL
BE MADE IN ANY FORM. HOWEVER, UPON RECEIPT, THE CITY
MAY REQUIRE THE REQUESTOR TO COMPLY WITH THE
PROCEDURES ORDINARILY FOLLOWED, INCLUDING THE
SUBMITTAL OF AN APPLICATION AND PAYMENT OF THE
REQUIRED FEE AS PUBLISHED IN THE FEE SCHEDULE, AND THE
CITY MAY REQUIRE THE REQUESTOR TO COMPLY WITH ALL
PUBLIC NOTIFICATION REQUIREMENTS.
B. Where legally required, the Group Home is licensed by, certified by, approved by,
registered with, or under contract with a Federal, State, or local government and evidence
of such is provided to the Planning Department within sixty (60) days of approval of the
Planning Department;
C. No exterior change which would alter its residential character shall be made to the exterior
of the building(s) and the grounds;
D. The location of the Group Home has been approved by the Planning Department; and
E. An administrative record of each Group Home shall be maintained with the Planning
Department.
SECTION 2. Any references to Adult Care Homes, Juvenile Group Homes, Group Homes
for the Disabled, and Supervisory Care Facilities shall be amended to reflect the new ordinance.
SECTON 3. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
SECTION 4. That the provisions of this ordinance shall become effective thirty (30) days
after passage of this ordinance by the Glendale City Council.
SECTION 5. The City Clerk is instructed and authorized to forward a certified copy of
this ordinance for recording to the Maricopa County Recorder’s Office.
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of
Glendale, Maricopa County, Arizona, this 13th day of April, 2021.
Mayor Jerry P. Weiers
ATTEST:
Julie K. Bower, City Clerk (SEAL)
APPROVED AS TO FORM:
Michael D. Bailey, City Attorney
REVIEWED BY:
Kevin R. Phelps, City Manager