PowerPoint Presentation (updated 8/21/2023)

DRAFT UDC REVIEW
CITY COUNCIL WORKSHOP
AUGUST 22, 2023

PROJECT UPDATE

Project Update 
Unified Development Code discussion follow-up per March 2023 Council Workshop 
−Group Homes: Asking for consensus on how these will be regulated
−Neighborhood Notification Requirements: Informational with consensus on distance on noticing process
−Recreational (Adult Use) Marijuana Establishments: Informational with consensus on child care centers
−Decision Making Authority / Interpretations: Informational with consensus on appeals going to City Council

GROUP HOMES

Federal Fair Housing Act
The Fair Housing Act, Title VIII of the Civil Rights Act of 1968, prohibits discriminatory practices in housing based on race, color, sex, 
religion, national origin or familial status. The Fair Housing Amendments Act (FHAA) was adopted by Congress in 1988 to extend 
protections to persons with disabilities (this includes persons who suffer from substance abuse).
The Fair Housing Act makes it unlawful to refuse to make “reasonable accommodations” to rules, policies, practices, or services,
when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling. A 
“reasonable accommodation” is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a 
person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces.
Glendale Zoning Code – 7.502 Group Homes
Community Care Residential – Federal & State Law
A residential home or building(s) for six (6) 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. ("Group Homes") shall be permitted, provided that:
A.
No Group Home is located on a lot within 1,320 feet, from the lot line of another Group Home, unless a disability 
accommodation is authorized under this section;
B.
Where legally required, the Group Home is licensed….within sixty (60) days of approval 
C.
No exterior change which would alter its residential character shall be made 
D.
The location of the Group Home has been approved by the Planning Department; 
E.
An administrative record of each Group Home shall be maintained

ARS 36-582. Residential facilities; zoning; notice; appeal
A. Unrelated persons living together notwithstanding, a residential facility which serves six or fewer persons shall be
considered a residential use of property for the purposes of all local zoning ordinances if such facility provides care on a
twenty-four hour per day basis. The residents and operators of such a facility shall be considered a family for the purposes
of any law or zoning ordinance which relates to the residential use of property. The limitation of six or fewer persons does
not include the operator of a residential facility, members of the operator's family or persons employed as staff, except
that the total number of all persons living at the residential facility shall not exceed eight.
D. The provisions of this section shall not be construed to forbid the application to a residential facility of any local 
ordinance which deals with health and safety, building standards, environmental impact standards, or any other matter 
within the jurisdiction of a local public entity provided that such ordinance does not distinguish residential facilities which 
serve six or fewer persons from other single family dwellings and provided further that such ordinance does not distinguish 
residents of such residential facilities from persons who reside in other single family dwellings.
H. No residential facility shall be established within a twelve-hundred-foot radius of an existing residential facility in a 
residential area.
ARS 36-581. Definitions
In this article, unless the context otherwise requires:
1. " Developmental disability" means autism, cerebral palsy, epilepsy or cognitive disability.
2. " Residential facility" means a home in which persons with developmental disabilities live and that is licensed, operated,
supported or supervised by the department

Community Care Residential – Types/Definitions 
Single Family 
Residence
- by right -
(≤ 5*)
* Homes of six (6) or fewer persons who require special care for physical, mental, or developmental disabilities. The
limitation of six (6) or fewer persons does not include the operator or members of the operator's family or staff.
(ARS 36-582)
Family: (1) An individual or any number of persons related by blood, marriage, domestic partnership, or adoption,
and usual domestic help, living together as a single housekeeping unit in a dwelling unit, or (2) A group of not more
than five (5) persons, who need not be related, living together as a single housekeeping unit in a dwelling unit.
- OR -
Residential Care 
Home
(7-10)
Disability Protected
A residential home suitable for accommodating seven (7) to ten (10) adults or minor
children who require special care for physical, mental, or developmental disabilities or
who are minors without disabilities. This definition shall include those residences that are
licensed by the State of Arizona, including but not limited to assisted living homes and
sober living homes or awarded an Oxford House Charter, but shall not include any group
living arrangement for unrelated individuals who are not disabled, including but not
limited to halfway/correctional/sex offender transitional facilities or shelter care facilities
for people at risk. (ARS 36-582 and 36-401)
Group Care 
Facility
(≥ 6)
Not Protected
A residential home for two or more unrelated individuals under supervised care and/or treatment (including but not
limited to those that have been placed by court-order), beyond that which would be provided in the confines of a
traditional residential setting, who do not qualify as a Residential Care Home or Residential Care Center, in which
living facilities and sleeping rooms are provided; and which may provide select services, such as, but not limited to,
meals, services to promote emotional support, life skills development and/or employment training. This shall
include halfway/correctional/sex offender transitional facilities or shelter care facilities for people at risk.
Residential 
Care 
Center
(≥ 11)
Disability 
Protected
Asking for consensus on how “group homes” will be regulated

Community Care Residential – Requirements & Regulations
Shall be permitted subject to standard 
conditions in the SR, R1, R-2, R-O and MH 
zoning districts subject to issuance of a Bus. 
Lic. by the zoning administrator showing 
compliance with the requirements of this 
subsection. 
shall be permitted subject to standard 
conditions in the R-3, R-4, R-5, C-1 and C-2 
zoning districts subject to issuance of a Bus. 
Lic. by the zoning administrator showing 
compliance with the requirements of this 
subsection. 
may be permitted in the R-3, R-4, R-5 and C-3 
zoning districts subject to obtaining a 
Conditional Use Permit as specified in Section 
(X). 
•
All establishments must obtain a business licenses as well 
as a certificate of occupancy as required by City building 
codes.
•
If State licensing is required, proof of such licensure shall 
be provided to the Planning Division within the 
Development Services Department.
•
No such home or center shall be located on a lot with a 
property line within 1,200 feet of another such residential 
care home, residential care center or group care facility. 
(ARS 36-582)
•
The establishment must meet the minimum off-street 
parking requirements as set forth in Section (X).
•
An individual required to register as a sex offender and 
classified as a Level II or Level III community risk 
(intermediate to high risk) is not permitted to live in a 
residential care home or residential care center.
•
An administrative record of each Residential Care Home, 
Residential Care Center or Group Care Facility shall be 
maintained with the Planning Division within the 
Development Services Department. 
•
The City reserves the right to revoke authorization to 
operate. 
Residential Care 
Home
(7-10)
Disability Protected
Group Care 
Facility
(≥ 6)
Not Protected
Residential 
Care 
Center
(≥ 11)
Disability 
Protected
Standard Conditions

NEIGHBORHOOD 
NOTIFICATION 
REQUIREMENTS

Neighborhood Notification Requirements
Table 6.200-2: Application Notification Requirements
General Public 
Notification1
Property Owner 
Notification1
Notice of 
Public Hearing
Newspaper 
Notice1
Site Posting2
Notification 
Distance
Notice of 
Public 
Hearing
Annexation
See A.R.S. §9-471
Initial Zoning
Yes
Yes
Yes
300 ft
Yes
General Plan Amendment, 
Major and Minor
≤40 acres
Yes
Yes
Yes
600 ft (300’)
Yes
>40, but ≤120 acres
Yes
Yes
Yes
900 ft (300’)
Yes
>120 acres
Yes
Yes
Yes
1,200 ft (300’)
Yes
Text amendment only
Yes
Yes
N/A
N/A
Yes
UDC Amendment (Rezoning)
≤40 acres
Yes
Yes
Yes
600 ft (300’)
Yes
>40, but ≤120 acres
Yes
Yes
Yes
900 ft (300’)
Yes
>120 acres
Yes
Yes
Yes
1,200 ft (300’)
Yes
UDC Amendment (Text)
Yes
Yes
N/A
N/A
Yes
Conditional Use Permit
≤40 acres
Yes
Yes
Yes
600 ft (300’)
Yes
>40, but ≤120 acres
Yes
Yes
Yes
900 ft (300’)
Yes
>120 acres
Yes
Yes
Yes
1,200 ft (300’)
Yes
Variance
Yes
Yes
Yes
Adjacent Prop. 
Owners3
Yes
Interpretation, Zoning 
Clearance, or Administrative 
Relief
No
No
No
N/A
No
Administrative Review
No
No
No
600 ft (N/A)
No
Design Review, Minor, 
Standard, or Major
No
No
No
N/A
No
Temporary Use Permit
No
No
No
N/A
No
1 City to manage notification.
2Applicant to post site.
3 To adjacent or adjoining nearby property owners who are potentially affected as determined by the Development Services
Director or designee
Informational with consensus on increase in distance and 
additional provisions 
Notification Recommendations:
−
Due to the potential impact of a project that may extend beyond the 
required minimum notification boundary, required notification distances 
shall be increased by 30%, if at least one of the following conditions exist: 
o
A zoning or land use request would result in conversion of a single-
family residence designation to a multi-family residence designation 
or non-residential designation (and vice versa).
o
A zoning or land use request may result in the need to change an 
existing roadway classification, revise an existing roadway 
alignment, or warrant the installation of a traffic signal. 
–
Require larger sites (>40 acres) with street frontage(s), to install a sign 
along each street frontage so as to ensure at least one posting for each 
quarter mile (1,320’). For applicable sites with no street frontage, postings 
shall be installed on the property in locations clearly visible to abutting 
residents so as to ensure at least one posting for each quarter mile 
(1,320’).
–
To enhance notification of neighborhood meetings at preliminary stages 
of the application process, applicants shall install a sign on the property in 
locations clearly visible to abutting residents so as to ensure at least one 
posting for each quarter mile (1,320’). All signs shall set forth the purpose, 
time, date, and place of the neighborhood meeting.

Neighborhood Notification Requirements
Enhanced Notification Process 
Recommendations:
−
Notification letters will be mailed to all 
parcels within the required notification 
area (dark pink area)
−
Area will be extended by 30% if applicable
−
Notification area shall be extended to all 
parcels located within the Plat(s) 
associated with parcels that fall within the 
required notification distance (light pink 
area). 
−
Additional notification area letters will 
include QR code to opt in for future 
notices and to be placed on all site 
postings.

RECREATIONAL 
MARIJUANA

Reminder -Recreational (Adult Use) 
Marijuana Establishments
Existing Medical Marijuana 
Regulations & Conditions
–
Medical Marijuana Dispensary 
Offsite Cultivation Location: 
permitted in M-1 and M-2
–
Medical Marijuana Dispensary: 
permitted in G-O, C-2, and C-3
–
Medical Marijuana Infusion (or 
Manufacturing Facility): permitted in 
M-1 and M-2
–
Applies specific separation 
requirements from land use types 
(1,320’) and other marijuana 
facilities (5,280’)
–
Currently, 7 uses in Glendale (6 
dispensaries, 1 cultivation facility)
UDC Marijuana Licensing 
Regulations & Conditions
Reminder of regulation for single and dual 
licensee’s
–
UDC revisions propose to allow Dual 
licensee (i.e. medical marijuana 
dispensary and marijuana establishment) 
OR 
Stand-alone medical marijuana 
dispensaries and marijuana 
establishments
–
Based on appropriate zoning and required 
distance separation from residentially 
zoned properties, schools, and other 
existing medical or recreational marijuana 
facilities, Glendale could potentially permit 
up to 5 additional establishments (subject 
to the release of additional state licenses 
and licensee’s locating in Glendale).

Recreational (Adult Use) Marijuana 
Establishments
Consideration - Marijuana Licensing Regulations & 
Conditions
Seeking consensus on child care centers* being included as part 
of, or along with, schools within the distance separation 
requirements. 
–
Based on appropriate zoning and required distance separation from 
residentially zoned properties, schools, child care center, and other 
existing medical or recreational marijuana facilities, Glendale could 
potentially permit up to 1 additional establishment (subject to the 
release of additional state licenses and licensee’s locating in 
Glendale).
–
*Child Care Center: Any facility licensed by the Arizona State 
Department of Health Services in which care and supervision for 
five or more persons is regularly provided for compensation for 
periods of less than 24 hours per day. This classification includes 
nursery schools, preschools, day care for children or adults, and 
any other non-residential day care facility licensed by the State of 
Arizona.

DECISION MAKING 
AUTHORITY / 
INTERPRETATIONS

Informational with consensus on appeals going to City Council 
–
Need and application for “decision making authority” and “interpretations”:
o
Decision Making Authority - To account for unforeseen conditions and promote the orderly and efficient implementation of 
the UDC, select portions of the Code grant limited decision-making authority to the Development Services Director or 
designee. These decisions are typically made on a case-by-case basis.
o
Interpretations - In instances where the Code provides direction but is found to unintentionally give conflicting or unclear 
direction, the UDC authorizes the Development Services Director to make an “interpretation” to clarify the intent of the 
UDC. These interpretations are typically made universally and are used to guide similar conditions in the future, until the 
Code is comprehensively updated. 
Decision Making Authority / Interpretations
–
Interpretation Reporting Process and Procedures: 
o
Interpretation authority shall include tiered signatures based on applicability
o
Council informed of interpretations at time of consideration
o
Given 5 business days to respond with concerns
o
If no concerns, interpretation moves forward through administrative process
o
If any formal concerns regarding the interpretation are received, Council may request scheduling the interpretation for 
public discussion at the next available Council Workshop.
o
All formal interpretations will be placed on the City's website for general reference (until such language can be codified into 
the UDC)
o
Any appeal of an interpretation shall be heard by the City Council (asking for consensus on being heard before City Council)

NEXT STEPS

Next Steps
Adoption Process
• September: Public Hearing with Commission, Recommendation
• October: Public Hearing with Council, Adoption