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February 9, 2022 TA2020001 Page 1 of 21 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: February 9, 2022 (Continued from 1/12/22) Case #/Title: TA2020001 – Group Homes Supervisor District: All Initiator: Staff Requests: Text Amendment to amend Chapter 2 Definitions, Chapter 3 Administration, Chapter 5 Rural Zoning Districts, Chapter 6 Single-Family Residential Zoning Districts, Chapter 7 Multiple- Family Residential Zoning Districts, Chapter 8 Commercial Zoning Districts, Chapter 12 Development Standards, and Chapter 13 Use Regulations of the Maricopa County Zoning Ordinance (MCZO) relating to Group Homes, Group Care Facilities and Drug and/or Alcohol Recovery. EROP: This item is being processed through the County’s Enhanced Regulatory Outreach Program (EROP). Staff held three stakeholder meetings throughout 2021 in January, April and September. This matter was most recently discussed at a ZIPPOR meeting on October 21, 2021 and at a Commission hearing on December 9, 2021. Municipal Comments: No written comment to date Support/Opposition: None received to date Additional Comments: TA2020001 was continued from the 1/12/21 Board hearing to 2/9/22 due to a publishing error on the part of the publishing company. Staff notified EROP registrants and interested parties of new hearing date, and proposed changes discussed below. There is no known opposition to TA2020001. Post Commission recommendation refinements have been made to the Commission recommendation in consultation with the consultant and legal counsel. Those changes are largely of a housekeeping nature - formatting and ordinance wordsmithing, but with the following substantive change. Recovery Communities will be prohibited in the R-2 Two- Family Residential zoning district, and permitted in the R-3 & R-4 Multiple-Family Residential zoning districts only with legislative approval of a Special Use Permit. They would be a February 9, 2022 TA2020001 Page 2 of 21 permitted by-right use in the R-5 Multiple-Family Residential zoning district which rolls up into the Commercial and Industrial zoning districts. Therefore, staff would recommend approval of the following language shown in leg-edit format from current ordinance language – new language underscored, deleted language struck-through; and changes since the Commission recommended language shown in green font. SECTION 201. DEFINITIONS For the purpose of this Ordinance, certain words are hereby defined: ADJUDICATED PERSON: A person who, by determination of a court, board, commission or other lawful authority, has been convicted of a criminal offense, and having been subsequently sentenced, is actively on parole or probation and is ordered by court or regulatory agency to reside at a specific address and/or has registered as a sex offender. Residency by twoTwo or more such persons (who are not spouses or minor children related by blood or adoption) at the same address shall be considered create a Group Care Facility. DETOXIFICATION FACILITY: A facility where an individual or individuals receive physiological and/or medicinal treatment for the removal of toxic substances related to substance use disorder. A detoxification facility is not a community residence or recovery community residence. DISABILITY: The term “disability” means, with respect to an individual – (a) A physical or mental impairment that substantially limits one or more activities of such individual; (b) a record of such an impairment; or being regarded as having such an impairment as per 42 U.S. Code § 12102. People with disabilities do not include individuals who are currently using alcohol, illegal drugs, or using legal drugs to which they are addicted or individuals who constitute a direct threat to the health and safety of others. DORMITORY: A building or that portion thereof other than a community residence, recovery community, hotel, motel, boarding house, halfway house, fraternity house, or sorority house containing three (3) or more rooming units or guest rooms or sleeping facilities for more than five (5) persons. Such rooming units or guest rooms shall be for residential purposes only. FAMILY: An individual living alone or two (2) or more any number of persons related by blood, marriage, or adoption or guardianship, and usual servants domestic staff,; or two unrelated individuals in a domestic partnership who have made a commitment to share their lives, living as a single housekeeping unit along with their children including step children, adopted children, and children under guardianship and domestic staff living together as a single housekeeping unit in a dwelling unit,; or a group of not more than five (5) unrelated persons living together as single housekeeping unit., who need not be related. (This definition shall also include homes for the developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona Revised Statutes §36-582.) GROUP CARE FACILITY: February 9, 2022 TA2020001 Page 3 of 21 A dwelling unit shared as their primary residence by any class of patient residents under supervised care and/or treatment beyond that which would be provided in the confines of a traditional residential setting, who do not qualify as a Group Home Community Residence or Recovery Community. GROUP HOME:COMMUNITY RESIDENCE A dwelling unit shared as their primary residence by minors, handicapped or elderly persons, living together as a single housekeeping unit, in a long term, family-like environment in which staff persons provide on-site care, training, or support residents. Such homes or services provided therein shall be licensed by, certified by, approved by, registered with, funded by or through, or under contract with the State. (Group homes shall not include homes for the developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona Revised Statutes, §36-582.) Except as required by state law, a residential living arrangement for six to ten unrelated individuals with disabilities or who are elderly or who are minors, and live-in staff living, as a single housekeeping unit in a single dwelling unit where residents are in need of the mutual support furnished by other residents as well as the support services, if any, provided by the staff. Residents may be self-governing or supervised by a sponsoring entity or its staff, which provides habilitative or rehabilitative services related to the residents’ disabilities. A community residence seeks to emulate a family to foster normalization of its residents and to integrate them into the surrounding community. Its primary purpose is to provide shelter in a family–like environment. Supportive inter-relationships between residents are an essential component. Medical treatment shall not comprise treatment beyond that which would be provided in the confines of a traditional family residential setting. Community residences include, but are not limited to, those residences that conform to this definition that are licensed by the Arizona Department of Health Services, including but not limited to adult care homes, elder care homes, child care homes, and sober living homes, certified by the Arizona Recovery Housing Association, or awarded an Oxford House Charter. The term “community residence” does not include any other group living arrangement for unrelated individuals who are not disabled, or any shelter, rooming house, boarding house, transient occupancy, or other use as defined in this Ordinance. HALFWAY HOUSE: A facility that functions similarly to a dormitory and may house individuals that have been placed there by a court-order and/or with a substance abuse disorder. The length of tenancy is limited, and occupants may be subject to a curfew. A halfway house is not a Community Residence or Recovery Community. HANDICAPPED: A person who: 1) Has a physical or mental impairment which substantially limits one or more of such person's major life activities. 2) Has a record of having impairment. However, "Handicapped" shall not include current illegal use of or addiction to a controlled substance (as defined in § 102 of the Controlled Substance Act [21 United States Code 802]). OXFORD HOUSE: A self-governed Community Residence for people in recovery from substance use disorder that has been issued a “Conditional Charter” or “Permanent Charter” by Oxford House World Services, or successor organization providing oversight; where there is no limit on length of residency; where the use of alcohol or any illegal drug is prohibited; where any misuse of legal drugs is prohibited; where any resident who violates this prohibition is expelled from the dwelling; where the residents pay the costs of the dwelling, including rent and utilities; and, where through a majority vote, the residents establish policies that govern living in the Oxford House, including the manner in which applications for residence are approved. February 9, 2022 TA2020001 Page 4 of 21 OXFORD HOUSE CHARTER: Document or certificate evidencing membership with Oxford House, Inc. which is a network of self-help supportive housing for those in recovery from a substance abuse disorder. RECOVERY COMMUNITY: Multiple dwelling units located on a single parcel, or a series of adjacent lots under unified ownership, not to exceed a total area of three gross acres, providing a drug-free and alcohol-free living arrangement for people in recovery from substance use disorder, (i) that are not held out to the general public for rent or occupancy and, (ii) which taken together, do not emulate a single family and are under the auspices of a single entity or group of related entities. The term does not include any other group living arrangement for unrelated individuals who are not disabled nor does it include any shelter or halfway house, community residence, assisted living facility, rooming house, boarding house, transient occupancy, or other use as defined in this Ordinance. Medical treatment shall not comprise treatment beyond that which would be provided in the confines of a traditional family residential setting. RESPONDENT: A person who initiates an appeal of a decision of an administrative action by the Zoning Inspector or their designee or of the decision of the Board of Adjustment. SECTION 307. ADMINISTRATIVE ACTIONS AND APPEAL 307.1 Requests for uses by right subject to conditions, requests for a reasonable accommodation under Article 1207.3.7, and other requests not subject to a legislative process as required by the provisions of this Ordinance or state law may be processed administratively as set forth in the provisions of this Ordinance. 307.2 Applications subject to administrative approval shall be submitted to the Planning and Development Department on an official form provided by the Department. The application shall satisfy the submittal requirements as well as all pertinent ordinances and regulations. The application shall request sufficient information for the Department to determine if the proposal satisfies the requirements of all applicable ordinances, rules and regulations. 307.3 Department Staff shall review applications for administrative approval in accordance with all applicable ordinances, rules and regulations. If staff determines that the proposal is consistent with all applicable ordinances, rules and regulations, then staff shall grant approval and may impose conditions necessary to ensure that the proposal does not negatively impact the health, safety or general welfare of the citizens of Maricopa County. If Staff finds that the application cannot be administratively granted, the application shall be denied. 307.4 A respondent may file an appeal of the decision of Zoning Inspector or their designee by submitting an Appeal Form. Such an appeal must be received by Planning and Development no later than 5:00 p.m. thirty (30) days following a decision on an application subject to an administrative action. 307.5 A respondent shall completely and accurately fill out an Appeal Form and may provide supplemental information if so desired, except that the supplemental information shall be in summary and limited to a one page narrative. 307.6 The Appeal Form may be submitted electronically to the Zoning Inspector or their designee in the manner as specified by the Zoning Inspector on the Appeal Form. February 9, 2022 TA2020001 Page 5 of 21 307.7 Staff will review the Appeal Form for administrative completeness. An appeal of the Zoning Inspector’s decision will be scheduled for hearing before a Hearing Officer hired by Maricopa County pursuant to A.R.S. § 11-815 (E) within thirty (30) days after filing the appeal. The Appeal Form and supplemental information shall be transmitted to the Hearing Officer for review at least one week prior to hearing. 307.8 All appeals of the same administrative action shall be consolidated and presented to the Hearing Officer as a single matter. 307.9 The Hearing Office shall reverse the decision of the Zoning Inspector only upon a finding that the decision was arbitrary, capricious, unreasonable or was not supported by the evidence presented to the Zoning Inspector by the appellant. 307.10 The decision of the Hearing Officer shall be provided to Staff within five business days following the hearing. Upon delivery to Staff, the decision shall become final and effective. Staff shall provide a copy of the hearing officer’s decision to the applicant within five business days of receipt from the hearing officer. If the Hearing Officer rules in favor of the applicant, the permit or license shall be issued by the Zoning Inspector or their designee within fourteen (14) business days. 307.11 If the respondent does not agree with the determination of the Hearing Officer, the respondent may file an appeal pursuant to A.R.S. § 11-816(D). SECTION 501. RURAL-190 (Rural Zoning District – 190,000 Square Feet Per Dwelling Unit) ARTICLE 501.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. One single-family dwelling per lot of record. 4. Group homes for not more than ten persons, subject to the following performance criteria: a. Dispersal: No such home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another such group home. b. If licensing is required by the State of Arizona, for the use, proof of such licensure shall be available to the Department of Planning and Development prior to the use being established. c. Residents shall not be adjudicated. 4. Community residences, subject to the provisions and standards of Section 1207. SECTION 601. R1-35 (Single-Family Residential Zoning District – 35,000 Square Feet Per Dwelling Unit) ARTICLE 601.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. One single-family dwelling per lot of record. 3. Group homes for not more than ten persons, subject to the following performance criteria: February 9, 2022 TA2020001 Page 6 of 21 a. Dispersal: No such home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another such group home. b. If licensing is required by the State of Arizona, for the use, proof of such licensure shall be available to the Department of Planning and Development prior to the use being established. c. Residents shall not be adjudicated. 3. Community residences, subject to the provisions and standards of Section 1207. SECTION 701. R-2 (Two-Family Residential Zoning District) ARTICLE 701.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. Any use permitted in the R1-35 Zoning District, subject to all the regulations specified in the use regulations for such R1-35 Zoning District. 4. DELETED. SECTION 702. R-3 (Multiple-Family Zoning District), R-4 (Multiple-Family Zoning District) & R-5 (Multiple-Family Zoning District) ARTICLE 702.2. Use Regulations: A building or premises shall be used only for the following purposes:*14 1. Any use permitted in the R-2 Zoning District, subject to all the regulations specified in the use regulations for such R-2 Zoning District unless the use is otherwise regulated in this Section. 2. Two-family and multiple-family dwellings.*4 5. Group homes for not more than ten persons subject to the following performance criteria: a. If licensing is required by the State of Arizona for the use, proof of such licensure shall be available to the Department of Planning and Development prior to the use being established. b. Residents shall not be adjudicated. 5. Recovery communities: a. Permitted as a Special Use in the R-3 and R-4 zoning districts. b. Permitted subject to the provisions and standards of Section 1207 in the R-5 zoning district. SECTION 803. C-1 (Neighborhood Commercial Zoning District) ARTICLE 803.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 46. Any use permitted in the R-5 Multi-Family Residential Zoning District. SECTION 804. C-2 (Intermediate Commercial Zoning District) February 9, 2022 TA2020001 Page 7 of 21 ARTICLE 804.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. Any use permitted in the C-1 Zoning District subject to all the regulations specified in the use regulations for such C-1 Zoning District unless the use is otherwise regulated in this Section. 22. Hospitals, group care facilities and detoxification facilities. 46. Halfway houses. 47. Boarding houses. SECTION 805. C-3 (General Commercial Zoning District) ARTICLE 805.2. USE REGULATIONS: A building or premise shall be used only for the following: 1. Any use permitted in the C-2 Zoning District, including a Medical Marijuana Dispensary, subject to all the regulations specified in the use regulations for such C-2 Zoning District unless the use is otherwise regulated in this Section. SECTION 901. IND-1 (Planned Industrial Zoning District) ARTICLE 901.2. USE REGULATIONS: A building or premise shall be used only for the following purposes: 21. Any use permitted in the C-3 zoning district. SECTION 902. IND-2 (Light Industrial Zoning District) ARTICLE 902.2. USE REGULATIONS: A building or premise shall be used only for the following purposes: 1. Any use permitted in the IND-1 Zoning District, including a Medical Marijuana Dispensary or a Medical Marijuana Offsite Cultivation Location subject to all the regulations specified in the use regulations for such IND-1 Zoning District unless the use is otherwise regulated in this Section. SECTION 903. IND-3 (Heavy Industrial Zoning District) ARTICLE 903.2. USE REGULATIONS: A building or premise shall be used only for uses permitted in the IND-2 Zoning District subject to all the regulations specified in the use regulations for such IND-2 Zoning District or any industrial use not listed that is not in conflict with any federal law, state law or any Ordinance of Maricopa County, and subject to procedural regulations as listed in Chapter 3, Section 306. Special Uses may be allowed on any lot in this district as authorized in Chapter 13, Section 1301. Renewable energy systems as set forth in Section 1206 of this Ordinance may be permitted as either a primary or an accessory use. Chapter 12 – Development Regulations SECTION 1207. COMMUNITY RESIDENCES AND RECOVERY COMMUNITIES ARTICLE 1207.1 PURPOSE: Setting a framework by which community residences and recovery communities may locate and operate, and, as warranted, offering a reasonable accommodation to allow a community residence or recovery community as required by the Federal Fair Housing Act to locate within the minimum 1200 foot February 9, 2022 TA2020001 Page 8 of 21 spacing distance, to allow a community residence to operate when no state license or certification is available, or to allow a community residence to exceed the maximum ten residents. ARTICLE 1207.2. GENERAL PROVISIONS: 1207.2.1. Community residences are permitted in all zoning districts except for C-O and C- S, subject to the provisions and standards outlined in this Section. 1207.2.2. Recovery communities are permitted in R-3, R-4, R-5, C-1, C-2, C-3, IND-1, IND- 2 and IND-3 zoning districts subject to the provisions and standards outlined in this section. ARTICLE 1207.3. STANDARDS: The following standards shall apply as specified to Community Residences and Recovery Communities: 1207.3.1. Location: 1. Except as required by state law, a A community residence shall is permitted in all zoning districts where residences are permitted when it will be located at least 1200 linear feet from the closest existing community residence or recovery community as measured from the nearest lot line of the proposed community residence to the nearest lot line of the closest existing community residence or recovery community and complies with the other provisions in Section 1207. 2. Except as required by state law, a A recovery community is permitted in certain zoning districts where multiple-family housing is permitted when it will be located at least 1200 linear feet from the closest existing community residence or recovery community as measured from the nearest lot line of the proposed recovery community to the nearest lot line of the closest existing community residence or recovery community and complies with the other provisions in Section 1207. 3. A reasonable accommodation may be granted in accord with Article 1207.3.7 to locate within 1200 feet of the closest existing Community Residence or Recovery Community. 1207.3.2. Maximum Number of People: 1. No more than ten unrelated individuals including live-in staff will occupy the community residence. 2. DELETED 2. A reasonable accommodation to exceed ten occupants may be granted in accord with Article 1207.3.7.1.a. 1207.3.3. Characteristics of Occupants: 1. Residents shall not be adjudicated. 1207.3.4. Licensure: 1. The community residence or recovery community and/or its operator shall be issued the license or certification that the State of Arizona requires to operate the proposed community residence or recovery community within 120 days of the date on which the first individual occupies the community residence. February 9, 2022 TA2020001 Page 9 of 21 2. In the event a license or certification from the State of Arizona is not required or available, the community residence or recovery community shall be issued certification by the Arizona Recovery Housing Association within 120 days of the date on which the first individual occupies the community residence or recovery community. Alternatively, the community residence or recovery community shall be issued a “conditional” Oxford House Charter within 30 days of the date on which the first individual occupies the Oxford House and a “permanent” Oxford House Charter within 180 days after the “conditional” charter was issued. 1. No community residence or recovery community shall receive a Certificate of Occupancy until the use or its operator has been or will be issued: a. The license or certification that the State of Arizona requires to operate the proposed community residence or recovery community; or b. Provisional certification by the Arizona Recovery Housing Association and then permanent certification within 180 days of the date or which provisional certification was granted; or c. A “conditional” Oxford House Charter within 30 days of the date on which the first individual occupies the Oxford House and a “permanent” Oxford House Charter within 180 days after the “conditional” charter was issued; or d. When neither the State of Arizona nor the Arizona Recovery Housing Association does not offer a license or certification a proposed community residence, a reasonable accommodation has been issued in accord with Article 1207. 2. A reasonable accommodation may be granted for a community residence in accord with Article 1207.3.7.1.c. to operate when no state license or certification is available. 3. Upon application to establish for a community residence or recovery community, the community residence or recovery community and/or its operator shall provide documented evidence that they have it has applied for any licensure with the State of Arizona if required requires, or for certification by the Arizona Recovery Housing Association, for an Oxford House Charter. 4. Upon termination, revocation, nonrenewal, or suspension of its license or certification, a Community Residence or Recovery Community must be closed within 60 calendar days, and the operator of the Community Residence or Community Residence must return residents to their families or relocate them to a safe and secure living environment. 1207.3.5. Annual Documentation: 1. The operator or owner of a community residence or recovery community shall provide to the Zoning Inspector or their designee a copy of its renewed license, certification, or Oxford House Charter within ten business days of the annual anniversary of being granted zoning approval. Failure to maintain annual documentation shall be immediate grounds to deem the community residence or recovery community and/or its operator in violation of the Zoning Ordinance. 1207.3.6. Ownership: 1. Any license or permit issued by the Department for a A community residence or recovery community permit with Maricopa County is assigned to the owner of record or to the principal of a LLC or chief executive officer of the legal entity in possession of the property. February 9, 2022 TA2020001 Page 10 of 21 2. Any license or permit issued by the Department for a A community residence or recovery community is not transferable and does not run with the land. 1207.3.7. Reasonable Accommodation: 1. A reasonable accommodation for reasons particular to the proposal of a community residence or recovery community may be granted for qualifying community residences by the Zoning Inspector or their designee for one or more of the following circumstances: a. When one community residence or recovery community is separated from another community residence or recovery community by an interstate, freeway, canal or a right-of-way at least 300’ wide. b. When a community residence operator wishes to exceed the maximum of ten residents and demonstrates by a preponderance of evidence that the community residence requires additional residents to ensure the therapeutic viability of the community residence subject to the following conditions: 1. The operator demonstrates by a preponderance of the evidence that the primary function of the proposed community residence is residential where any medical treatment is merely incidental to the residential use of the property; and 2. The operator demonstrates by a preponderance of the evidence that the proposed community residence will emulate a biological family and operate as a functional family rather than as a boarding or rooming house, nursing home, short term rental, continuing care facility, motel, hotel, detoxification center, treatment center, rehabilitation center, institutional use, group care facility, or assisted living facility that does not comport with the definition of “community residence,” or any other nonresidential use; and 3. The operator demonstrates by a preponderance of the evidence that the requested number of residents in the proposed community residence will not interfere with the normalization and community integration of the occupants of any existing community residence or recovery community. 4. The operator produces documentation from AZDHS or AZRHA that states a specific therapeutic treatment requires additional residents and specifies the number of residents that the treatment requires to ensure the therapeutic viability of the community residence. c. When the receipt of licensure is delayed by the issuing agency and the community residence or recovery community operator presents documentation of the delay from the issuing agency. 1. The Zoning Inspector or their designee may grant a reasonable accommodation for reasons particular to the proposal of a community residence or recovery community under one or more of the following circumstances when it is found that the specified standards are met: a. A community residence or recovery community is proposed to be located fewer than the required 1200 linear feet of an existing community residence or recovery community may be February 9, 2022 TA2020001 Page 11 of 21 granted reasonable accommodate to locate where proposed when it is found that the applicant has demonstrated by a preponderance of the evidence that all of the following standards are met: 1. The proposed community residence or recovery community is separated from the closest existing community residence or recovery community by an interstate, freeway, canal, or other right-of-way at least 300 feet wide; or the proposed community residence will not interfere with the use of neighbors without disabilities as role models and the normalization and community integration of the residents of the closest existing community residence or recovery community, and that the presence of other community residences and/or recovery communities will not interfere with the normalization and community integration of the residents of the proposed community residence or recovery community; and 2. The proposed community residence in combination with any existing community residences and/or recovery communities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying an institutional atmosphere or de facto social service district by clustering community residences and/or recovery communities on a block face or concentrating them in a neighborhood. b. Except as required by state law, a reasonable accommodation to house more than ten unrelated individuals in a community residence may be approved only when it is found that the applicant has demonstrated by a preponderance of the evidence that all of the following standards are met: 1. The proposed number of residents greater than ten is necessary to ensure the therapeutic and/or financial viability of the proposed community residence; and 2. The proposed community residence will emulate a biological family and operate as a functional family rather than as a boarding or rooming house, nursing home, short term rental, continuing care facility, motel, hotel, detoxification center, treatment center, rehabilitation center, institutional use, group care facility, or assisted living facility that does not comport with the definition of “community residence,” or any other nonresidential use; and 3. Allowing the requested number of residents in the proposed community residence will not interfere with the normalization and community integration of the occupants of any existing community residence or recovery communities and the use of neighbors without disabilities as role models. c. When the State of Arizona does not offer a license or certification for the type of community residence proposed and the population it would serve, the Arizona Recovery Housing Association does not offer certification, or the proposed community residence is not eligible to be granted an Oxford House Charter, a reasonable accommodation may be issued only when it is found that the applicant has demonstrated by a preponderance of the evidence that all of the following standards are met: 1. The proposed community residence will be operated in a manner essentially similar to that of a licensed or certified community residence; and February 9, 2022 TA2020001 Page 12 of 21 2. Staff who reside and/or work at the community residence will be adequately trained in accordance with standards typically required by state licensing or certification for a community residence; and 3. The community residence will emulate a biological family and be operated to achieve normalization and community integration; and 4. The rules and practices governing how the community residence operates will actually protect the residents from abuse, exploitation, fraud, theft, neglect, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications. 1207.3.8. Special Use Permit Remedy: DELETED 1207.3.8. Violation: 1. When a community residence or recovery community and/or its operator is unable to comply with the conditions set forth in 1207.3.1., 1207.3.2., 1207.3.3., 1207.3.4, and 1207.3.5. and 1207.3.6. above, it shall be deemed to be in violation of the Zoning Ordinance, its occupants must be relocated to safe and secure housing, and the community residence or recovery community must be vacated within 30 days of being found responsible at hearing. ARTICLE 1301.1. SPECIAL USES: The Board of Supervisors may permit as a Special Use any of the following uses in any zoning district unless otherwise specified in this Section: 1301.1.8. Group care facilities and hospitals and institutions of an educational, religious, charitable or philanthropic nature, homes for the aged, nursing homes, convalescent homes and group homes of more than ten residents for the handicapped and adult care community residences or recovery communities that do not meet the requirements of Article 1207.3 and other group care facilities including for adjudicated residents. 1301.1.24. Recovery communities in the R-3 and R-4 districts proposed to be located at least 1,200 linear feet from the closest recovery community or community residence and licensed by State of Arizona or certified by the Arizona Recovery Housing Association when all of the following standards are met. A reasonable accommodation may be issued to locate within 1,200 linear feet of the closest recovery community or community residence under Article 1207.3.7.1.a. 1. The proposed recovery community will not interfere with the normalization and community integration of the residents of any existing community residence or recovery community and that the presence of other community residences and/or recovery communities will not interfere with the normalization and community integration of the residents of the proposed recovery community; and 2. The proposed recovery community, alone or in combination with any existing community residences, recovery communities, or congregate living facilities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying a de facto social service district by clustering community residences, recovery communities, or congregate living facilities on a block or concentrating them in a neighborhood; and February 9, 2022 TA2020001 Page 13 of 21 3. The proposed recovery community will be compatible with the residential uses allowed as of right in the zoning district; and 4. The proposed recovery community, alone or in combination with any existing community residences and/or recovery communities will not alter the residential stability of the surrounding neighborhood. Commission Recommendation: On 12/09/21, the Commission voted 8-0 to recommend approval of TA2020001 shown below in leg-edit format. SECTION 201. DEFINITIONS For the purpose of this Ordinance, certain words are hereby defined: ADJUDICATED PERSON: A person who, by determination of a court, board, commission or other lawful authority, has been convicted of a criminal offense, and having been subsequently sentenced, is actively on parole or probation and/or is ordered by court or regulatory agency to reside at a specific address and/or has registered as a sex offender. Residency by twoTwo or more such persons (who are not spouses or minor children related by blood or adoption) at the same address shall be considered create a Group Care Facility. DETOXIFICATION FACILITY: A facility where an individual or individuals receive physiological and/or medicinal treatment for the removal of toxic substances related to substance abuse disorder. DISABILITY: The term “disability” means, with respect to an individual – (a) A physical or mental impairment that substantially limits one or more activities of such individual; (b) a record of such an impairment; or being regarded as having such an impairment as per 42 U.S. Code § 12102. People with disabilities do not include individuals who are currently using alcohol, illegal drugs, or using legal drugs to which they are addicted or individuals who constitute a direct threat to the health and safety of others. DORMITORY: A building or that portion thereof other than a community residence, recovery community, hotel, motel, boarding house, halfway house, fraternity house, or sorority house containing three (3) or more rooming units or guest rooms or sleeping facilities for more than five (5) persons. Such rooming units or guest rooms shall be for residential purposes only. FAMILY: An individual or two (2) or more persons related by blood, marriage, or adoption, and usual servantsstaff, or in a domestic relationship as unmarried partners along with the biological, adopted and foster children of either parent living together as a single housekeeping unit in a dwelling unit, or a group of not more than five (5) persons unrelated by blood, marriage, or adoption, who need not be related. (This definition shall also include homes for the developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona Revised Statutes §36-582.) GROUP CARE FACILITY: A dwelling unit shared as their primary residence by any class of patient residents under supervised care and/or treatment beyond that which would be provided in the confines of a traditional residential setting, who do not qualify as a Group Home Community Residence or Recovery Community. February 9, 2022 TA2020001 Page 14 of 21 GROUP HOME:COMMUNITY RESIDENCE A dwelling unit shared as their primary residence by minors, handicapped or elderly persons, living together as a single housekeeping unit, in a long term, family-like environment in which staff persons provide on-site care, training, or support residents. Such homes or services provided therein shall be licensed by, certified by, approved by, registered with, funded by or through, or under contract with the State. (Group homes shall not include homes for the developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona Revised Statutes, §36-582.) Except as required by state law, a residential living arrangement for up to ten unrelated individuals with disabilities, and staff living, as a single housekeeping unit in a single dwelling unit where residents are in need of the mutual support furnished by other residents as well as the support services, if any, provided by the staff. Residents may be self-governing or supervised by a sponsoring entity or its staff, which provides habilitative or rehabilitative services related to the residents’ disabilities. A community residence seeks to emulate a family to foster normalization of its residents and to integrate them into the surrounding community. Its primary purpose is to provide shelter in a family–like environment. Supportive inter-relationships between residents are an essential component. Medical treatment shall not comprise treatment beyond that which would be provided in the confines of a traditional residential setting. Community residences include, but are not limited to, those residences that conform to this definition that are licensed by the Arizona Department of Health Services, including but not limited to adult care homes, elder care homes, child care homes, and sober living homes, certified by the Arizona Recovery Housing Association, or awarded an Oxford House Charter. The term “community residence” does not include any other group living arrangement for unrelated individuals who are not disabled, or any shelter, rooming house, boarding house, transient occupancy, or other use as defined in this Ordinance. HALFWAY HOUSE: A facility that functions similarly to a dormitory and may house individuals that have been placed there by a court-order and/or with a substance abuse disorder. The length of tenancy is limited, and occupants may be subject to a curfew. HANDICAPPED: A person who: 1) Has a physical or mental impairment which substantially limits one or more of such person's major life activities. 2) Has a record of having impairment. However, "Handicapped" shall not include current illegal use of or addiction to a controlled substance (as defined in § 102 of the Controlled Substance Act [21 United States Code 802]). OXFORD HOUSE CHARTER: Document or certificate evidencing membership with Oxford House, Inc. which is a network of self-help supportive housing for those in recovery from a substance abuse disorder. RECOVERY COMMUNITY: Multiple dwelling units providing a drug-free and alcohol-free living arrangement for people in recovery from substance abuse disorder, (i) that are not held out to the general public for rent or occupancy and, (ii) which taken together, do not emulate a single family and are under the auspices of a single entity or group of related entities. The term does not include any other group living arrangement for unrelated individuals who are not disabled or does it include any shelter or halfway house, community residence, assisted living facility, rooming house, boarding house, transient occupancy, or other use as defined in this Ordinance. Medical treatment shall not comprise treatment beyond that which would be provided in the confines of a traditional residential setting. February 9, 2022 TA2020001 Page 15 of 21 RESPONDENT: A person who initiates an appeal of a decision of an administrative action by the Zoning Inspector or their designee or of the decision of the Board of Adjustment. SECTION 307. ADMINISTRATIVE ACTIONS AND APPEAL 307.1 Requests for uses by right subject to conditions and other requests not subject to a legislative process as required by the provisions of this Ordinance or state law may be processed administratively as set forth in the provisions of this Ordinance. 307.2 Applications subject to administrative approval shall be submitted to the Planning and Development Department on an official form provided by the Department. The application shall satisfy the submittal requirements as well as all pertinent ordinances and regulations. The application shall contain sufficient information for the Department to determine if the proposal satisfies the requirements of all applicable ordinances, rules and regulations. 307.3 Department Staff shall review applications for administrative approval in accordance with all applicable ordinances, rules and regulations. If staff determines that the proposal is consistent with all applicable ordinances, rules and regulations, then staff shall grant approval and may impose conditions necessary to ensure that the proposal does not negatively impact the health, safety or general welfare of the citizens of Maricopa County. If Staff finds that the application cannot be administratively granted, the application shall be denied. 307.4 A respondent may file an appeal of the decision of Zoning Inspector or their designee by submitting an Appeal Form. Such an appeal must be received by Planning and Development no later than 5:00 p.m. thirty (30) days following a decision on an application subject to an administrative action. 307.5 A respondent shall completely and accurately fill out an Appeal Form and may provide supplemental information if so desired, except that the supplemental information shall be in summary and limited to a one page narrative. 307.6 The Appeal Form may be submitted electronically to the Zoning Inspector or their designee in the manner as specified by the Zoning Inspector on the Appeal Form. 307.7 Staff will review the Appeal Form for administrative completeness. An appeal of the Zoning Inspector’s decision will be scheduled for hearing before a Hearing Officer hired by Maricopa County pursuant to A.R.S. § 11-815 (E) within thirty (30) days after filing the appeal. The Appeal Form and supplemental information shall be transmitted to the Hearing Officer for review at least one week prior to hearing. 307.8 All appeals of the same administrative action shall be consolidated and presented to the Hearing Officer as a single matter. 307.9 The Hearing Office shall reverse the decision of the Zoning Inspector only upon a finding that the decision was arbitrary, capricious, unreasonable or was not supported by the evidence presented to the Zoning Inspector by the appellant. 307.10 The decision of the Hearing Officer shall be provided to Staff within five business days following the hearing. Upon delivery to Staff, the decision shall become final and effective. Staff shall provide a February 9, 2022 TA2020001 Page 16 of 21 copy of the hearing officer’s decision to the applicant within five business days of receipt from the hearing officer. If the Hearing Officer rules in favor of the applicant, the permit or license shall be issued by the Zoning Inspector or their designee within fourteen (14) business days. 307.11 If the respondent does not agree with the determination of the Hearing Officer, the respondent may file an appeal pursuant to A.R.S. § 11-816(D). SECTION 501. RURAL-190 (Rural Zoning District – 190,000 Square Feet Per Dwelling Unit) ARTICLE 501.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. One single-family dwelling per lot of record. 4. Group homes for not more than ten persons, subject to the following performance criteria: a. Dispersal: No such home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another such group home. b. If licensing is required by the State of Arizona, for the use, proof of such licensure shall be available to the Department of Planning and Development prior to the use being established. c. Residents shall not be adjudicated. 4. Community residences, subject to the provisions and standards of Section 1207. SECTION 601. R1-35 (Single-Family Residential Zoning District – 35,000 Square Feet Per Dwelling Unit) ARTICLE 601.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. One single-family dwelling per lot of record. 3. Group homes for not more than ten persons, subject to the following performance criteria: a. Dispersal: No such home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another such group home. b. If licensing is required by the State of Arizona, for the use, proof of such licensure shall be available to the Department of Planning and Development prior to the use being established. c. Residents shall not be adjudicated. 3. Community residences, subject to the provisions and standards of Section 1207. SECTION 701. R-2 (Two-Family Residential Zoning District) ARTICLE 701.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: February 9, 2022 TA2020001 Page 17 of 21 1. Any use permitted in the R1-35 Zoning District, subject to all the regulations specified in the use regulations for such R1-35 Zoning District. 4. Recovery communities, subject to the provisions and standards of Section 1207. SECTION 702. R-3 (Multiple-Family Zoning District), R-4 (Multiple-Family Zoning District) & R-5 (Multiple-Family Zoning District) ARTICLE 702.2. Use Regulations: A building or premises shall be used only for the following purposes:*14 1. Any use permitted in the R-2 Zoning District, subject to all the regulations specified in the use regulations for such R-2 Zoning District unless the use is otherwise regulated in this Section. 2. Two-family and multiple-family dwellings.*4 5. Group homes for not more than ten persons subject to the following performance criteria: a. If licensing is required by the State of Arizona for the use, proof of such licensure shall be available to the Department of Planning and Development prior to the use being established. b. Residents shall not be adjudicated. SECTION 803. C-1 (Neighborhood Commercial Zoning District) ARTICLE 803.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 46. Any use permitted in the R-5 Multi-Family Residential Zoning District. SECTION 804. C-2 (Intermediate Commercial Zoning District) ARTICLE 804.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. Any use permitted in the C-1 Zoning District subject to all the regulations specified in the use regulations for such C-1 Zoning District unless the use is otherwise regulated in this Section. 22. Hospitals, group care facilities and detoxification facilities. 46. Halfway houses. 47. Boarding houses. SECTION 805. C-3 (General Commercial Zoning District) ARTICLE 805.2. USE REGULATIONS: A building or premise shall be used only for the following: 1. Any use permitted in the C-2 Zoning District, including a Medical Marijuana Dispensary, subject to all the regulations specified in the use regulations for such C-2 Zoning District unless the use is otherwise regulated in this Section. SECTION 901. IND-1 (Planned Industrial Zoning District) ARTICLE 901.2. USE REGULATIONS: A building or premise shall be used only for the following purposes: February 9, 2022 TA2020001 Page 18 of 21 21. Any use permitted in the C-3 zoning district. SECTION 902. IND-2 (Light Industrial Zoning District) ARTICLE 902.2. USE REGULATIONS: A building or premise shall be used only for the following purposes: 1. Any use permitted in the IND-1 Zoning District, including a Medical Marijuana Dispensary or a Medical Marijuana Offsite Cultivation Location subject to all the regulations specified in the use regulations for such IND-1 Zoning District unless the use is otherwise regulated in this Section. SECTION 903. IND-3 (Heavy Industrial Zoning District) ARTICLE 903.2. USE REGULATIONS: A building or premise shall be used only for uses permitted in the IND-2 Zoning District subject to all the regulations specified in the use regulations for such IND-2 Zoning District or any industrial use not listed that is not in conflict with any federal law, state law or any Ordinance of Maricopa County, and subject to procedural regulations as listed in Chapter 3, Section 306. Special Uses may be allowed on any lot in this district as authorized in Chapter 13, Section 1301. Renewable energy systems as set forth in Section 1206 of this Ordinance may be permitted as either a primary or an accessory use. Chapter 12 – Development Regulations SECTION 1207. COMMUNITY RESIDENCES AND RECOVERY COMMUNITIES ARTICLE 1207.1 PURPOSE: Setting a framework by which community residences and recovery communities may locate and operate, and, as warranted, offering a reasonable accommodation to promote the therapeutic viability of a community residence or recovery community as required by the Federal Fair Housing Act. ARTICLE 1207.2. GENERAL PROVISIONS: 1207.2.1. Community residences are permitted in all zoning districts except for C-O and C- S, subject to the provisions and standards outlined in this Section. 1207.2.2. Recovery communities are permitted in R-2, R-3, R-4, R-5, C-1, C-2, C-3, IND-1, IND-2 and IND-3 zoning districts subject to the provisions and standards outlined in this section. ARTICLE 1207.3. STANDARDS: The following standards shall apply to Community Residences and Recovery Communities: 1207.3.1. Location: 1. A community residence shall be located at least 1200 linear feet from the closest existing community residence or recovery community as measured from the nearest lot line of the proposed community residence to the nearest lot line of the closest existing community residence or recovery community. 2. A recovery community shall be located at least 1200 linear feet from the closest existing community residence or recovery community as measured from the nearest lot line of the proposed recovery community to the nearest lot line of the closest existing community residence or recovery community. 1207.3.2. Maximum Number of People: February 9, 2022 TA2020001 Page 19 of 21 1. No more than ten unrelated individuals including staff will occupy the community residence. 2. No more than two unrelated individuals including staff will occupy a single bedroom in a community residence. 1207.3.3. Characteristics of Occupants: 1. Residents shall not be adjudicated. 1207.3.4. Licensure: 1. The community residence or recovery community and/or its operator shall be issued the license or certification that the State of Arizona requires to operate the proposed community residence or recovery community within 120 days of the date on which the first individual occupies the community residence. 2. In the event a license or certification from the State of Arizona is not required or available, the community residence or recovery community shall be issued certification by the Arizona Recovery Housing Association within 120 days of the date on which the first individual occupies the community residence or recovery community. Alternatively, the community residence or recovery community shall be issued a “conditional” Oxford House Charter within 30 days of the date on which the first individual occupies the Oxford House and a “permanent” Oxford House Charter within 180 days after the “conditional” charter was issued. 3. Upon application for a community residence or recovery community, the community residence or recovery community and/or its operator shall provide documented evidence that they have filed for licensure with the State of Arizona, if required. 1207.3.5. Annual Documentation: 1. The operator or owner of a community residence or recovery community shall provide to the Zoning Inspector or their designee a copy of its renewed license, certification, or Oxford House Charter within ten business days of the annual anniversary of being granted zoning approval. Failure to maintain annual documentation shall be immediate grounds to deem the community residence or recovery community and/or its operator in violation of the Zoning Ordinance. 1207.3.6. Ownership: 1. A community residence or recovery community permit with Maricopa County is assigned to the owner of record or to the principal of a LLC in possession of the property. 2. A community residence or recovery community permit is not transferable and does not run with the land. 1207.3.7. Reasonable Accommodation: 1. A reasonable accommodation for reasons particular to the proposal of a community residence or recovery community may be granted for qualifying community residences by the Zoning Inspector or their designee for one or more of the following circumstances: February 9, 2022 TA2020001 Page 20 of 21 a. When one community residence or recovery community is separated from another community residence or recovery community by an interstate, freeway, canal or a right-of-way at least 300’ wide. b. When a community residence operator wishes to exceed the maximum of ten residents and demonstrates by a preponderance of evidence that the community residence requires additional residents to ensure the therapeutic viability of the community residence subject to the following conditions: 1. The operator demonstrates by a preponderance of the evidence that the primary function of the proposed community residence is residential where any medical treatment is merely incidental to the residential use of the property; and 2. The operator demonstrates by a preponderance of the evidence that the proposed community residence will emulate a biological family and operate as a functional family rather than as a boarding or rooming house, nursing home, short term rental, continuing care facility, motel, hotel, detoxification center, treatment center, rehabilitation center, institutional use, group care facility, or assisted living facility that does not comport with the definition of “community residence,” or any other nonresidential use; and 3. The operator demonstrates by a preponderance of the evidence that the requested number of residents in the proposed community residence will not interfere with the normalization and community integration of the occupants of any existing community residence or recovery community. 4. The operator produces documentation from AZDHS or AZRHA that states a specific therapeutic treatment requires additional residents and specifies the number of residents that the treatment requires to ensure the therapeutic viability of the community residence. c. When the receipt of licensure is delayed by the issuing agency and the community residence or recovery community operator presents documentation of the delay from the issuing agency. 1207.3.8. Special Use Permit Remedy: 1. When a proposed community residence or recovery community does not comply with the requirements in 1207.3.1., 1207.3.2., 1207.3.3. and 1207.3.4, a Special Use Permit per Section 1301 of this Ordinance shall be required unless granted a reasonable accommodation under the terms of this ordinance by the Zoning Inspector or their designee. 1207.3.9. Violation: 1. When a community residence or recovery community and/or its operator is unable to comply with the conditions set forth in 1207.3.1., 1207.3.2., 1207.3.3., 1207.3.4 and 1207.3.5. above, it shall be deemed to be in violation of the Zoning Ordinance, its occupants must be relocated to safe and secure housing, and the community residence or recovery community must be vacated within 30 days of being found responsible at hearing. ARTICLE 1301.1. SPECIAL USES: The Board of Supervisors may permit as a Special Use any of the following uses in any zoning district unless otherwise specified in this Section: 1301.1.8. Group care facilities and hospitals and institutions of an educational, religious, charitable or philanthropic nature, homes for the aged, nursing homes, convalescent homes and group homes of more February 9, 2022 TA2020001 Page 21 of 21 than ten residents for the handicapped and adult care community residences or recovery communities that do not meet the requirements of Article 1207.3 and other group care facilities including for adjudicated residents. Presented by: Adam Cannon, AICP, Planner Reviewed by: Darren Gérard, AICP, Planning Division Manager Attachments: 12/09/21 P&Z Packet (65 pages) Note: 12/09/21 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. TA2020001 Page 1 of 11 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: TA2020001 – Group Homes Meeting Date: December 9, 2021 Supervisor District: All Initiator: Staff Requests: Text Amendment to amend Chapter 2 Definitions, Chapter 3 Administration, Chapter 5 Rural Zoning Districts, Chapter 6 Single- Family Residential Zoning Districts, Chapter 7 Multiple-Family Residential Zoning Districts, Chapter 8 Commercial Zoning Districts, Chapter 12 Development Standards, and Chapter 13 Use Regulations of the Maricopa County Zoning Ordinance (MCZO) relating to Group Homes and Drug and/or Alcohol Recovery. Municipal Comments: None received to date Support/Opposition: None received to date Recommendation: Initiate and Approval Proposed Amendment: This item is being processed through the County’s Enhanced Regulatory Outreach Program (EROP). Changes to the text made by staff since the Zoning, Infrastructure, Policy, Procedure & Ordinance Review (ZIPPOR) Committee meeting are highlighted in green. Previously proposed, verbatim language revisions are noted below in red (new language to be added is underscored, and language to be deleted is struck-through). SECTION 201. DEFINITIONS For the purpose of this Ordinance, certain words are hereby defined: ADJUDICATED PERSON: A person who, by determination of a court, board, commission or other lawful authority, has been convicted of a criminal offense, and having been subsequently sentenced, is actively on parole or probation and/or is ordered by court or regulatory agency to reside at a specific address and/or has registered as a sex offender. Residency by twoTwo or more such persons (who are not spouses or minor children related by blood or adoption) at the same address shall be considered create a Group Care Facility. DETOXIFICATION FACILITY: A facility where an individual or individuals receive physiological and/or medicinal treatment for the removal of toxic substances related to substance abuse disorder. TA2020001 Page 2 of 11 DISABILITY: The term “disability” means, with respect to an individual – (a) A physical or mental impairment that substantially limits one or more activities of such individual; (b) a record of such an impairment; or being regarded as having such an impairment as per 42 U.S. Code § 12102. People with disabilities do not include individuals who are currently using alcohol, illegal drugs, or using legal drugs to which they are addicted or individuals who constitute a direct threat to the health and safety of others. DORMITORY: A building or that portion thereof other than a community residence, recovery community, hotel, motel, boarding house, halfway house, fraternity house, or sorority house containing three (3) or more rooming units or guest rooms or sleeping facilities for more than five (5) persons. Such rooming units or guest rooms shall be for residential purposes only. FAMILY: An individual or two (2) or more persons related by blood, marriage, or adoption, and usual servantsstaff, or in a domestic relationship as unmarried partners along with the biological, adopted and foster children of either parent living together as a single housekeeping unit in a dwelling unit, or a group of not more than five (5) persons unrelated by blood, marriage, or adoption, who need not be related. (This definition shall also include homes for the developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona Revised Statutes §36-582.) GROUP CARE FACILITY: A dwelling unit shared as their primary residence by any class of patient residents under supervised care and/or treatment beyond that which would be provided in the confines of a traditional residential setting, who do not qualify as a Group Home Community Residence or Recovery Community. GROUP HOME:COMMUNITY RESIDENCE A dwelling unit shared as their primary residence by minors, handicapped or elderly persons, living together as a single housekeeping unit, in a long term, family-like environment in which staff persons provide on-site care, training, or support residents. Such homes or services provided therein shall be licensed by, certified by, approved by, registered with, funded by or through, or under contract with the State. (Group homes shall not include homes for the developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona Revised Statutes, §36-582.) Except as required by state law, a residential living arrangement for up to ten unrelated individuals with disabilities, and staff living, as a single housekeeping unit in a single dwelling unit where residents are in need of the mutual support furnished by other residents as well as the support services, if any, provided by the staff. Residents may be self-governing or supervised by a sponsoring entity or its staff, which provides habilitative or rehabilitative services related to the residents’ disabilities. A community residence seeks to emulate a family to foster normalization of its residents and to integrate them into the surrounding community. Its primary purpose is to provide shelter in a family–like environment. Supportive inter-relationships between residents are an essential component. Medical treatment shall not comprise treatment beyond that which would be provided in the confines of a traditional residential setting. Community residences include, but are not limited to, those residences that conform to this definition that are licensed by the Arizona Department of Health Services, including but not limited to adult care homes, elder care homes, child care homes, and sober living homes, certified by the Arizona Recovery Housing Association, or awarded an Oxford House Charter. The term “community residence” does not include any other group living arrangement for unrelated individuals who are not disabled, or any TA2020001 Page 3 of 11 shelter, rooming house, boarding house, transient occupancy, or other use as defined in this Ordinance. HALFWAY HOUSE: A facility that functions similarly to a dormitory and may house individuals that have been placed there by a court-order and/or with a substance abuse disorder. The length of tenancy is limited, and occupants may be subject to a curfew. HANDICAPPED: A person who: 1) Has a physical or mental impairment which substantially limits one or more of such person's major life activities. 2) Has a record of having impairment. However, "Handicapped" shall not include current illegal use of or addiction to a controlled substance (as defined in § 102 of the Controlled Substance Act [21 United States Code 802]). OXFORD HOUSE CHARTER: Document or certificate evidencing membership with Oxford House, Inc. which is a network of self-help supportive housing for those in recovery from a substance abuse disorder. RECOVERY COMMUNITY: Multiple dwelling units providing a drug-free and alcohol-free living arrangement for people in recovery from substance abuse disorder, (i) that are not held out to the general public for rent or occupancy and, (ii) which taken together, do not emulate a single family and are under the auspices of a single entity or group of related entities. The term does not include any other group living arrangement for unrelated individuals who are not disabled or does it include any shelter or halfway house, community residence, assisted living facility, rooming house, boarding house, transient occupancy, or other use as defined in this Ordinance. Medical treatment shall not comprise treatment beyond that which would be provided in the confines of a traditional residential setting. RESPONDENT: A person who initiates an appeal of a decision of an administrative action by the Zoning Inspector or their designee or of the decision of the Board of Adjustment. SECTION 307. ADMINISTRATIVE ACTIONS AND APPEAL 307.1 Requests for uses by right subject to conditions and other requests not subject to a legislative process as required by the provisions of this Ordinance or state law may be processed administratively as set forth in the provisions of this Ordinance. 307.2 Applications subject to administrative approval shall be submitted to the Planning and Development Department on an official form provided by the Department. The application shall satisfy the submittal requirements as well as all pertinent ordinances and regulations. The application shall contain sufficient information for the Department to determine if the proposal satisfies the requirements of all applicable ordinances, rules and regulations. 307.3 Department Staff shall review applications for administrative approval in accordance with all applicable ordinances, rules and regulations. If staff determines that the proposal is consistent with all applicable ordinances, rules and regulations, then staff shall grant approval and may impose conditions necessary to ensure that the proposal does not negatively impact the health, safety or general welfare of the citizens of Maricopa County. If Staff finds that the application cannot be administratively granted, the application shall be denied. TA2020001 Page 4 of 11 307.4 A respondent may file an appeal of the decision of Zoning Inspector or their designee by submitting an Appeal Form. Such an appeal must be received by Planning and Development no later than 5:00 p.m. thirty (30) days following a decision on an application subject to an administrative action. 307.5 A respondent shall completely and accurately fill out an Appeal Form and may provide supplemental information if so desired, except that the supplemental information shall be in summary and limited to a one page narrative. 307.6 The Appeal Form may be submitted electronically to the Zoning Inspector or their designee in the manner as specified by the Zoning Inspector on the Appeal Form. 307.7 Staff will review the Appeal Form for administrative completeness. An appeal of the Zoning Inspector’s decision will be scheduled for hearing before a Hearing Officer hired by Maricopa County pursuant to A.R.S. § 11-815 (E) within thirty (30) days after filing the appeal. The Appeal Form and supplemental information shall be transmitted to the Hearing Officer for review at least one week prior to hearing. 307.8 All appeals of the same administrative action shall be consolidated and presented to the Hearing Officer as a single matter. 307.9 The Hearing Office shall reverse the decision of the Zoning Inspector only upon a finding that the decision was arbitrary, capricious, unreasonable or was not supported by the evidence presented to the Zoning Inspector by the appellant. 307.10 The decision of the Hearing Officer shall be provided to Staff within five business days following the hearing. Upon delivery to Staff, the decision shall become final and effective. Staff shall provide a copy of the hearing officer’s decision to the applicant within five business days of receipt from the hearing officer. If the Hearing Officer rules in favor of the applicant, the permit or license shall be issued by the Zoning Inspector or their designee within fourteen (14) business days. 307.11 If the respondent does not agree with the determination of the Hearing Officer, the respondent may file an appeal pursuant to A.R.S. § 11-816(D). SECTION 501. RURAL-190 (Rural Zoning District – 190,000 Square Feet Per Dwelling Unit) ARTICLE 501.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. One single-family dwelling per lot of record. 4. Group homes for not more than ten persons, subject to the following performance criteria: a. Dispersal: No such home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another such group home. b. If licensing is required by the State of Arizona, for the use, proof of such licensure shall be available to the Department of Planning and Development prior to the use being established. c. Residents shall not be adjudicated. TA2020001 Page 5 of 11 4. Community residences, subject to the provisions and standards of Section 1207. SECTION 601. R1-35 (Single-Family Residential Zoning District – 35,000 Square Feet Per Dwelling Unit) ARTICLE 601.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. One single-family dwelling per lot of record. 3. Group homes for not more than ten persons, subject to the following performance criteria: a. Dispersal: No such home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another such group home. b. If licensing is required by the State of Arizona, for the use, proof of such licensure shall be available to the Department of Planning and Development prior to the use being established. c. Residents shall not be adjudicated. 3. Community residences, subject to the provisions and standards of Section 1207. SECTION 701. R-2 (Two-Family Residential Zoning District) ARTICLE 701.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. Any use permitted in the R1-35 Zoning District, subject to all the regulations specified in the use regulations for such R1-35 Zoning District. 4. Recovery communities, subject to the provisions and standards of Section 1207. 5. Dormitories. SECTION 702. R-3 (Multiple-Family Zoning District), R-4 (Multiple-Family Zoning District) & R-5 (Multiple-Family Zoning District) ARTICLE 702.2. Use Regulations: A building or premises shall be used only for the following purposes:*14 1. Any use permitted in the R-2 Zoning District, subject to all the regulations specified in the use regulations for such R-2 Zoning District unless the use is otherwise regulated in this Section. 2. Two-family and multiple-family dwellings.*4 5. Group homes for not more than ten persons subject to the following performance criteria: a. If licensing is required by the State of Arizona for the use, proof of such licensure shall be available to the Department of Planning and Development prior to the use being established. TA2020001 Page 6 of 11 b. Residents shall not be adjudicated. SECTION 803. C-1 (Neighborhood Commercial Zoning District) ARTICLE 803.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 46. Any use permitted in the R-5 Multi-Family Residential Zoning District. SECTION 804. C-2 (Intermediate Commercial Zoning District) ARTICLE 804.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. Any use permitted in the C-1 Zoning District subject to all the regulations specified in the use regulations for such C-1 Zoning District unless the use is otherwise regulated in this Section. 22. Hospitals, group care facilities and detoxification facilities. 46. Halfway houses. 47. Boarding houses. SECTION 805. C-3 (General Commercial Zoning District) ARTICLE 805.2. USE REGULATIONS: A building or premise shall be used only for the following: 1. Any use permitted in the C-2 Zoning District, including a Medical Marijuana Dispensary, subject to all the regulations specified in the use regulations for such C-2 Zoning District unless the use is otherwise regulated in this Section. SECTION 901. IND-1 (Planned Industrial Zoning District) ARTICLE 901.2. USE REGULATIONS: A building or premise shall be used only for the following purposes: 21. Any use permitted in the C-3 zoning district. SECTION 902. IND-2 (Light Industrial Zoning District) ARTICLE 902.2. USE REGULATIONS: A building or premise shall be used only for the following purposes: 1. Any use permitted in the IND-1 Zoning District, including a Medical Marijuana Dispensary or a Medical Marijuana Offsite Cultivation Location subject to all the regulations specified in the use regulations for such IND-1 Zoning District unless the use is otherwise regulated in this Section. SECTION 903. IND-3 (Heavy Industrial Zoning District) ARTICLE 903.2. USE REGULATIONS: A building or premise shall be used only for uses permitted in the IND-2 Zoning District subject to all the regulations specified in the use regulations for such IND-2 Zoning District or any industrial use not listed that is not in conflict with any federal law, state law or any Ordinance of Maricopa County, and subject to procedural regulations as listed in Chapter 3, Section 306. Special Uses may be allowed on any lot in this district as authorized in Chapter 13, Section 1301. Renewable energy systems as set forth in Section 1206 of this Ordinance may be permitted as either a primary or an accessory use. TA2020001 Page 7 of 11 Chapter 12 – Development Regulations SECTION 1207. COMMUNITY RESIDENCES AND RECOVERY COMMUNITIES ARTICLE 1207.1 PURPOSE: Setting a framework by which community residences and recovery communities may locate and operate, and, as warranted, offering a reasonable accommodation to promote the therapeutic viability of a community residence or recovery community as required by the Federal Fair Housing Act. ARTICLE 1207.2. GENERAL PROVISIONS: 1207.2.1. Community residences are permitted in all zoning districts except for C-O and C- S, subject to the provisions and standards outlined in this Section. 1207.2.2. Recovery communities are permitted in R-2, R-3, R-4, R-5, C-1, C-2, C-3, IND-1, IND-2 and IND-3 zoning districts subject to the provisions and standards outlined in this section. ARTICLE 1207.3. STANDARDS: The following standards shall apply to Community Residences and Recovery Communities: 1207.3.1. Location: 1. A community residence shall be located at least 1200 linear feet from the closest existing community residence or recovery community as measured from the nearest lot line of the proposed community residence to the nearest lot line of the closest existing community residence or recovery community. 2. A recovery community shall be located at least 1200 linear feet from the closest existing community residence or recovery community as measured from the nearest lot line of the proposed recovery community to the nearest lot line of the closest existing community residence or recovery community. 1207.3.2. Maximum Number of People: 1. No more than ten unrelated individuals including staff will occupy the community residence. 2. No more than two unrelated individuals including staff will occupy a single bedroom in a community residence. 1207.3.3. Characteristics of Occupants: 1. Residents shall not be adjudicated. 1207.3.4. Licensure: 1. The community residence or recovery community and/or its operator shall be issued the license or certification that the State of Arizona requires to operate the proposed community residence or recovery community within 120 days of the date on which the first individual occupies the community residence. 2. In the event a license or certification from the State of Arizona is not required or available, the community residence or recovery community shall be issued certification by the Arizona Recovery Housing Association within 120 days of the date on which the first individual occupies the community residence or recovery community. Alternatively, the community residence or recovery community shall TA2020001 Page 8 of 11 be issued a “conditional” Oxford House Charter within 30 days of the date on which the first individual occupies the Oxford House and a “permanent” Oxford House Charter within 180 days after the “conditional” charter was issued. 3. Upon application for a community residence or recovery community, the community residence or recovery community and/or its operator shall provide documented evidence that they have filed for licensure with the State of Arizona, if required. 1207.3.5. Annual Documentation: 1. The operator or owner of a community residence or recovery community shall provide to the Zoning Inspector or their designee a copy of its renewed license, certification, or Oxford House Charter within ten business days of the annual anniversary of being granted zoning approval. Failure to maintain annual documentation shall be immediate grounds to deem the community residence or recovery community and/or its operator in violation of the Zoning Ordinance. 1207.3.6. Ownership: 1. A community residence or recovery community permit with Maricopa County is assigned to the owner of record or to the principal of a LLC in possession of the property. 2. A community residence or recovery community permit is not transferable and does not run with the land. 1207.3.7. Reasonable Accommodation: 1. A reasonable accommodation for reasons particular to the proposal of a community residence or recovery community may be granted for qualifying community residences by the Zoning Inspector or their designee for one or more of the following circumstances: a. When one community residence or recovery community is separated from another community residence or recovery community by an interstate, freeway, canal or a right-of-way at least 300’ wide. b. When a community residence operator wishes to exceed the maximum of ten residents and demonstrates by a preponderance of evidence that the community residence requires additional residents to ensure the therapeutic viability of the community residence subject to the following conditions: 1. The operator demonstrates by a preponderance of the evidence that the primary function of the proposed community residence is residential where any medical treatment is merely incidental to the residential use of the property; and 2. The operator demonstrates by a preponderance of the evidence that the proposed community residence will emulate a biological family and operate as a functional family rather than as a boarding or rooming house, nursing home, short term rental, continuing care facility, motel, hotel, detoxification center, treatment center, rehabilitation center, institutional use, group care facility, or assisted living facility that does not comport with the definition of “community residence,” or any other nonresidential use; and 3. The operator demonstrates by a preponderance of the evidence that the requested number of residents in the proposed community residence will not TA2020001 Page 9 of 11 interfere with the normalization and community integration of the occupants of any existing community residence or recovery community. 4. The operator produces documentation from AZDHS or AZRHA that states a specific therapeutic treatment requires additional residents and specifies the number of residents that the treatment requires to ensure the therapeutic viability of the community residence. c. When the receipt of licensure is delayed by the issuing agency and the community residence or recovery community operator presents documentation of the delay from the issuing agency. 1207.3.8. Special Use Permit Remedy: 1. When a proposed community residence or recovery community does not comply with the requirements in 1207.3.1., 1207.3.2., 1207.3.3. and 1207.3.4, a Special Use Permit per Section 1301 of this Ordinance shall be required unless granted a reasonable accommodation under the terms of this ordinance by the Zoning Inspector or their designee. 1207.3.9. Violation: 1. When a community residence or recovery community and/or its operator is unable to comply with the conditions set forth in 1207.3.1., 1207.3.2., 1207.3.3., 1207.3.4 and 1207.3.5. above, it shall be deemed to be in violation of the Zoning Ordinance, its occupants must be relocated to safe and secure housing, and the community residence or recovery community must be vacated within 30 days of being found responsible at hearing. ARTICLE 1301.1. SPECIAL USES: The Board of Supervisors may permit as a Special Use any of the following uses in any zoning district unless otherwise specified in this Section: 1301.1.8. Group care facilities and hospitals and institutions of an educational, religious, charitable or philanthropic nature, homes for the aged, nursing homes, convalescent homes and group homes of more than ten residents for the handicapped and adult care community residences or recovery communities that do not meet the requirements of Article 1207.3 and other group care facilities including for adjudicated residents. Public Participation: 1. As a part of the Enhanced Regulatory Outreach Process (EROP), Staff held three stakeholder meetings throughout 2021 in January, April and September. Staff notified all registrants under the EROP notification procedures. Additionally, Staff notified all registered Areas of Interest for planning cases including community organizations in all supervisor districts and municipalities throughout the County. A copy of the draft was included in the notification to potential attendees of the stakeholder meetings. 2. Twelve (12) interested parties registered across the three stakeholder workshops. Staff received verbal comments from Rod Jarvis, Rebecca Elliott and Racelle Escolar (City of Phoenix Planner) related to the draft. Staff also sent the presentation of the third stakeholder meeting to all notification registrants. Mr. Jarvis provided several recommendations related to the appeal process and to length of stay timelines (since removed) in the initial draft. Mr. Jarvis also provided recommendations related to the administration of the therapeutic-based reasonable accommodation proposed. Ms. TA2020001 Page 10 of 11 Elliott requested presentation materials from the second stakeholder meeting which Staff subsequently sent to Ms. Elliott. Ms. Escolar asked several questions about the draft including questions about the administrative and appeal process as well as our proposed definition of recovery communities. 3. A ZIPPOR meeting took place on October 21, 2021. Attorney Rod Jarvis spoke in favor of the text amendment at the meeting. No other individuals spoke either for or against the proposal. Staff received no additional comments following the ZIPPOR meeting. 4. The latest version of proposed text language was distributed via EROP on November 19, 2021 with notification for this hearing. Additionally, Staff distributed the latest version of the proposed text language to all Area of Interest registrants. Staff Analysis: 5. Staff initiated this text amendment after receiving a fair housing concern from the private counsel (Rod Jarvis of Earl & Curley PC) of a group home operator. The concern is associated with equal treatment in the County’s processing of group home applications. Originally, Mr. Jarvis proposed an applicant-driven text amendment related to group homes (TA2018002). During discussion with Mr. Jarvis, Staff proposed the development of a more comprehensive text amendment. Mr. Jarvis agreed to evaluate the County’s text amendment once proposed. The Board continued TA2018002 five times and ultimately continued the amendment indefinitely at the request of the applicant at the April 7, 2021 Board of Supervisors meeting. 6. In order to prepare this proposed text amendment, Staff first conducted an ordinance review of municipal and county ordinances throughout Arizona. The research showed a wide variation in the definitions and regulatory language related to group homes. Most of the ordinances included a distance separation requirement for group homes and a limitation on the number of people allowed to occupy a group home (typically 10). Following the review, Staff also reviewed a small number of ordinances from comparative counties in the region (i.e. Clark County, NV). 7. Next, Staff hired consultant Daniel Lauber, AICP (American Institute of Certified Planners) to advise the County on recent interpretations of fair housing law in order to prepare an ordinance proposal that minimizes the risk of further concerns and subsequent legal action against the County. Daniel is a nationally recognized subject matter expert on Fair Housing and made a number of recommendations with regard to amending our County zoning ordinance in regard to group homes which he may refer to as community residences. For over 40 years, Daniel devoted himself to group home/community residence law having published a prominent law journal article, reports and model zoning on behalf of the American Planning Association and the American Bar Association. He is an attorney and a city planner and served as President of the American Planning Association and twice as President of the American Institute of Certified Planners. 8. Additionally, Daniel co-wrote the American Planning Association’s amicus brief to the U.S. Supreme Court on the landmark group home decision in Oxford House v. City of Edmonds, Washington. He consulted with many Arizona jurisdictions such as the City of Phoenix, City of Mesa, Town of Cave Creek and City of Prescott. Additionally, he TA2020001 Page 11 of 11 consulted with comparative jurisdictions such as Clark County, NV and Palm Beach County, FL. As part of his work, Daniel conducted workshops, seminars and national conference sessions on zoning for group homes or community residences. Daniel also represented the operators of group homes, halfway houses and sober homes and assisted living homes before regulatory boards throughout the nation. 9. With the advisement of Mr. Lauber and County Counsel Wayne Peck, Staff developed several drafts of the proposed amendment. Staff modified Mr. Lauber and Mr. Peck’s recommendations to produce a proposal that fit better with County needs while also preserving much of the spirit of the framework recommended by Mr. Lauber. Below is a summary of proposed major changes to the Zoning Ordinance: Updates and additions to terms related to disabilities such as the removal of potentially insensitive language (i.e. handicapped, servants, etc.) Redefinition of term “group home” to “community residence” and “recovery community”. Treatment shall not be permitted beyond that which is typically permitted in the confines of a residential setting. Removal of some “residential” related language from the term “group care facility” to distinguish the term further from community residences and recovery communities. New definitions related to uses associated with sober living homes (i.e. detoxification center, Oxford House, Inc., Halfway House, etc.) Creation of an administrative appeal process and process for group home applications. Centralization of performance standards related to group homes under one section of the ordinance. Reducing the distancing requirement from 1320’ to 1200’. Allowing no more than two residents per bedroom. Stronger licensing and certification requirements to protect residents. Creation of a reasonable accommodation provision (with application). Accommodations include an accommodation allowing group homes to locate within the required distance if separated by a major barrier such as a canal, accommodation for delay of licensure and an accommodation allowing an increase in the maximum number of residents allowed if there is a specific form of therapy requiring additional residents approved by Arizona Department of Health Services (AZDHS) or the Arizona Recovery Housing Association (AZRHA). 10. Per ARS and the County Zoning Ordinance, all existing group homes will be grandfathered. In the event of a change of ownership, discontinuation of use for a year or longer, request of a reasonable accommodation and/or a violation of existing provisions, the group home operator would be required to reapply under the new provisions. Recommendation: (two actions) 11. For the reasons outlined in this report, staff recommends the Commssion intiate the text amendment and recommend approval of TA2020001. Prepared by: Adam Cannon, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor and Darren V. Gerard, AICP, Planning Manager Attachments: 10/21/2021 ZIPPOR Staff Report (54 pages) TA2020001 Page 1 of 11 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: TA2020001 – Group Homes / Group Care Facilities Meeting Date: October 21, 2021 (ZIPPOR) Supervisor District: All Initiator: Maricopa County Planning and Zoning Commission Requests: Text amendment to revise Chapter 2 Definitions, Chapter 3 Administration, Chapter 5 Rural Zoning Districts, Chapter 6 Single- Family Residential Zoning Districts, Chapter 7 Multiple-Family Residential Zoning Districts, Chapter 8 Commercial Zoning Districts, Chapter 12 Development Standards and Chapter 13 Use Regulations of the Maricopa County Zoning Ordinance (MCZO) relating to Group Homes and Group Homes for Drug and/or Alcohol Recovery. Support/Opposition: No known support or opposition. Recommendation: Initiate and Approve – ZIPPOR meeting is for discussion purposes only. Proposed Text Amendment: This item is being processed through the County’s Enhanced Regulatory Outreach Program (EROP). The proposed, verbatim language revisions are noted below in red (new language to be added is underscored, and language to be deleted is struck-through) regarding the italicized MCZO excerpts: SECTION 201. DEFINITIONS For the purpose of this Ordinance, certain words are hereby defined: ADJUDICATED PERSON: A person who, by determination of a court, board, commission or other lawful authority, has been convicted of a criminal offense, and having been subsequently sentenced, is actively on parole or probation and/or is ordered by court or regulatory agency to reside at a specific address and/or has registered as a sex offender. Residency by twoTwo or more such persons (who are not spouses or minor children related by blood or adoption) at the same address shall be considered create a Group Care Facility. DETOXIFICATION FACILITY: A facility where an individual or individuals receive physiological and/or medicinal treatment for the removal of toxic substances related to substance abuse disorder. DISABILITY: The term “disability” means, with respect to an individual – (a) A physical or mental impairment that substantially limits one or more activities of such individual; (b) a record of such an impairment; or being regarded as having such an impairment as per 42 U.S. Code § 12102. People with disabilities do TA2020001 Page 2 of 11 not include individuals who are currently using alcohol, illegal drugs, or using legal drugs to which they are addicted or individuals who constitute a direct threat to the health and safety of others. DORMITORY: A building or that portion thereof other than a community residence, recovery community, hotel, motel, boarding house, halfway house, fraternity house, or sorority house containing three (3) or more rooming units or guest rooms or sleeping facilities for more than five (5) persons. Such rooming units or guest rooms shall be for residential purposes only. FAMILY: An individual or two (2) or more persons related by blood, marriage, or adoption, and usual servantsstaff, or in a domestic relationship as unmarried partners along with the biological, adopted and foster children of either parent living together as a single housekeeping unit in a dwelling unit, or a group of not more than five (5) persons unrelated by blood, marriage, or adoption, who need not be related. (This definition shall also include homes for the developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona Revised Statutes §36-582.) GROUP CARE FACILITY: A dwelling unit shared as their primary residence by any class of patient residents under supervised care and/or treatment beyond that which would be provided in the confines of a traditional residential setting, who do not qualify as a Group Home Community Residence or Recovery Community. GROUP HOME:COMMUNITY RESIDENCE A dwelling unit shared as their primary residence by minors, handicapped or elderly persons, living together as a single housekeeping unit, in a long term, family-like environment in which staff persons provide on-site care, training, or support residents. Such homes or services provided therein shall be licensed by, certified by, approved by, registered with, funded by or through, or under contract with the State. (Group homes shall not include homes for the developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona Revised Statutes, §36-582.) Except as required by state law, a residential living arrangement for up to ten unrelated individuals with disabilities, and staff living, as a single housekeeping unit in a single dwelling unit where residents are in need of the mutual support furnished by other residents as well as the support services, if any, provided by the staff. Residents may be self-governing or supervised by a sponsoring entity or its staff, which provides habilitative or rehabilitative services related to the residents’ disabilities. A community residence seeks to emulate a family to foster normalization of its residents and to integrate them into the surrounding community. Its primary purpose is to provide shelter in a family–like environment. Supportive inter-relationships between residents are an essential component. Medical treatment shall not comprise treatment beyond that which would be provided in the confines of a traditional residential setting. Community residences include, but are not limited to, those residences that conform to this definition that are licensed by the Arizona Department of Health Services, including but not limited to adult care homes, elder care homes, child care homes, and sober living homes, certified by the Arizona Recovery Housing Association, or awarded an Oxford House Charter. The term “community residence” does not include any other group living arrangement for unrelated individuals who are not disabled, or any shelter, rooming house, boarding house, transient occupancy, or other use as defined in this Ordinance. TA2020001 Page 3 of 11 HALFWAY HOUSE: A facility that functions similarly to a dormitory and may house individuals that have been placed there by a court-order and/or with a substance abuse disorder. The length of tenancy is limited, and occupants may be subject to a curfew. HANDICAPPED: A person who: 1) Has a physical or mental impairment which substantially limits one or more of such person's major life activities. 2) Has a record of having impairment. However, "Handicapped" shall not include current illegal use of or addiction to a controlled substance (as defined in § 102 of the Controlled Substance Act [21 United States Code 802]). OXFORD HOUSE CHARTER: Document or certificate evidencing membership with Oxford House, Inc. which is a network of self-help supportive housing for those in recovery from a substance abuse disorder. RECOVERY COMMUNITY: Multiple dwelling units providing a drug-free and alcohol-free living arrangement for people in recovery from substance abuse disorder, (i) that are not held out to the general public for rent or occupancy and, (ii) which taken together, do not emulate a single family and are under the auspices of a single entity or group of related entities. The term does not include any other group living arrangement for unrelated individuals who are not disabled or does it include any shelter or halfway house, community residence, assisted living facility, rooming house, boarding house, transient occupancy, or other use as defined in this Ordinance. Medical treatment shall not comprise treatment beyond that which would be provided in the confines of a traditional residential setting. RESPONDENT: A person who initiates an appeal of a decision of an administrative action by the Zoning Inspector or their designee or of the decision of the Board of Adjustment. SECTION 307. ADMINISTRATIVE ACTIONS AND APPEAL 307.1 Requests for uses by right subject to conditions and other requests not subject to a legislative process as required by the provisions of this Ordinance or state law may be processed administratively as set forth in the provisions of this Ordinance. 307.2 Applications subject to administrative approval shall be submitted to the Planning and Development Department on an official form provided by the Department. The application shall satisfy the submittal requirements as well as all pertinent ordinances and regulations. The application shall contain sufficient information for the Department to determine if the proposal satisfies the requirements of all applicable ordinances, rules and regulations. 307.3 Department Staff shall review applications for administrative approval in accordance with all applicable ordinances, rules and regulations. If staff determines that the proposal is consistent with all applicable ordinances, rules and regulations, then staff shall grant approval and may impose conditions necessary to ensure that the proposal does not negatively impact the health, safety or general welfare of the citizens of Maricopa County. If Staff finds that the application cannot be administratively granted, the application shall be denied. 307.4 A respondent may file an appeal of the decision of Zoning Inspector or their designee by submitting an Appeal Form. Such an appeal must be received by Planning and Development no later TA2020001 Page 4 of 11 than 5:00 p.m. thirty (30) days following a decision on an application subject to an administrative action. 307.5 A respondent shall completely and accurately fill out an Appeal Form and may provide supplemental information if so desired, except that the supplemental information shall be in summary and limited to a one page narrative. 307.6 The Appeal Form may be submitted electronically to the Zoning Inspector or their designee in the manner as specified by the Zoning Inspector on the Appeal Form. 307.7 Staff will review the Appeal Form for administrative completeness. An appeal of the Zoning Inspector’s decision will be scheduled for hearing before a Hearing Officer hired by Maricopa County pursuant to A.R.S. § 11-815 (E) within thirty (30) days after filing the appeal. The Appeal Form and supplemental information shall be transmitted to the Hearing Officer for review at least one week prior to hearing. 307.8 All appeals of the same administrative action shall be consolidated and presented to the Hearing Officer as a single matter. 307.9 The Hearing Office shall reverse the decision of the Zoning Inspector only upon a finding that the decision was arbitrary, capricious, unreasonable or was not supported by the evidence presented to the Zoning Inspector by the appellant. 307.10 The decision of the Hearing Officer shall be provided to Staff within five business days following the hearing. Upon delivery to Staff, the decision shall become final and effective. Staff shall provide a copy of the hearing officer’s decision to the applicant within five business days of receipt from the hearing officer. If the Hearing Officer rules in favor of the applicant, the permit or license shall be issued by the Zoning Inspector or their designee within fourteen (14) business days. 307.11 If the respondent does not agree with the determination of the Hearing Officer, the respondent may file an appeal pursuant to A.R.S. § 11-816(D). SECTION 501. RURAL-190 (Rural Zoning District – 190,000 Square Feet Per Dwelling Unit) ARTICLE 501.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. One single-family dwelling per lot of record. 4. Group homes for not more than ten persons, subject to the following performance criteria: a. Dispersal: No such home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another such group home. b. If licensing is required by the State of Arizona, for the use, proof of such licensure shall be available to the Department of Planning and Development prior to the use being established. c. Residents shall not be adjudicated. 4. Community residences, subject to the provisions and standards of Section 1207. TA2020001 Page 5 of 11 SECTION 601. R1-35 (Single-Family Residential Zoning District – 35,000 Square Feet Per Dwelling Unit) ARTICLE 601.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. One single-family dwelling per lot of record. 3. Group homes for not more than ten persons, subject to the following performance criteria: a. Dispersal: No such home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another such group home. b. If licensing is required by the State of Arizona, for the use, proof of such licensure shall be available to the Department of Planning and Development prior to the use being established. c. Residents shall not be adjudicated. 3. Community residences, subject to the provisions and standards of Section 1207. SECTION 701. R-2 (Two-Family Residential Zoning District) ARTICLE 701.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. Any use permitted in the R1-35 Zoning District, subject to all the regulations specified in the use regulations for such R1-35 Zoning District. 4. Recovery communities, subject to the provisions and standards of Section 1207. 5. Dormitories. SECTION 702. R-3 (Multiple-Family Zoning District), R-4 (Multiple-Family Zoning District) & R-5 (Multiple-Family Zoning District) ARTICLE 702.2. Use Regulations: A building or premises shall be used only for the following purposes:*14 1. Any use permitted in the R-2 Zoning District, subject to all the regulations specified in the use regulations for such R-2 Zoning District unless the use is otherwise regulated in this Section. 2. Two-family and multiple-family dwellings.*4 5. Group homes for not more than ten persons subject to the following performance criteria: a. If licensing is required by the State of Arizona for the use, proof of such licensure shall be available to the Department of Planning and Development prior to the use being established. b. Residents shall not be adjudicated. TA2020001 Page 6 of 11 SECTION 803. C-1 (Neighborhood Commercial Zoning District) ARTICLE 803.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 46. Any use permitted in the R-5 Multi-Family Residential Zoning District. SECTION 804. C-2 (Intermediate Commercial Zoning District) ARTICLE 804.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. Any use permitted in the C-1 Zoning District subject to all the regulations specified in the use regulations for such C-1 Zoning District unless the use is otherwise regulated in this Section. 22. Hospitals, group care facilities and detoxification facilities. 46. Halfway houses. 47. Boarding houses. SECTION 805. C-3 (General Commercial Zoning District) ARTICLE 805.2. USE REGULATIONS: A building or premise shall be used only for the following: 1. Any use permitted in the C-2 Zoning District, including a Medical Marijuana Dispensary, subject to all the regulations specified in the use regulations for such C-2 Zoning District unless the use is otherwise regulated in this Section. SECTION 901. IND-1 (Planned Industrial Zoning District) ARTICLE 901.2. USE REGULATIONS: A building or premise shall be used only for the following purposes: 21. Any use permitted in the C-3 zoning district. SECTION 902. IND-2 (Light Industrial Zoning District) ARTICLE 902.2. USE REGULATIONS: A building or premise shall be used only for the following purposes: 1. Any use permitted in the IND-1 Zoning District, including a Medical Marijuana Dispensary or a Medical Marijuana Offsite Cultivation Location subject to all the regulations specified in the use regulations for such IND-1 Zoning District unless the use is otherwise regulated in this Section. SECTION 903. IND-3 (Heavy Industrial Zoning District) ARTICLE 903.2. USE REGULATIONS: A building or premise shall be used only for uses permitted in the IND-2 Zoning District subject to all the regulations specified in the use regulations for such IND-2 Zoning District or any industrial use not listed that is not in conflict with any federal law, state law or any Ordinance of Maricopa County, and subject to procedural regulations as listed in Chapter 3, Section 306. Special Uses may be allowed on any lot in this district as authorized in Chapter 13, Section 1301. Renewable energy systems as set forth in Section 1206 of this Ordinance may be permitted as either a primary or an accessory use. TA2020001 Page 7 of 11 Chapter 12 – Development Regulations SECTION 1207. COMMUNITY RESIDENCES AND RECOVERY COMMUNITIES ARTICLE 1207.1 PURPOSE: Setting a framework by which community residences and recovery communities may locate and operate, and, as warranted, offering a reasonable accommodation to promote the therapeutic viability of a community residence or recovery community as required by the Federal Fair Housing Act. ARTICLE 1207.2. GENERAL PROVISIONS: 1207.2.1. Community residences are permitted in all zoning districts except for C-O and C- S, subject to the provisions and standards outlined in this Section. 1207.2.2. Recovery communities are permitted in R-2, R-3, R-4, R-5, C-1, C-2, C-3, IND-1, IND-2 and IND-3 zoning districts subject to the provisions and standards outlined in this section. ARTICLE 1207.3. STANDARDS: The following standards shall apply to Community Residences and Recovery Communities: 1207.3.1. Location: 1. A community residence shall be located at least 1200 linear feet from the closest existing community residence or recovery community as measured from the nearest lot line of the proposed community residence to the nearest lot line of the closest existing community residence or recovery community. 2. A recovery community shall be located at least 1200 linear feet from the closest existing community residence or recovery community as measured from the nearest lot line of the proposed recovery community to the nearest lot line of the closest existing community residence or recovery community. 1207.3.2. Maximum Number of People: 1. No more than ten unrelated individuals including staff will occupy the community residence. 2. No more than two unrelated individuals including staff will occupy a single bedroom in a community residence. 1207.3.3. Characteristics of Occupants: 1. Residents shall not be adjudicated. 1207.3.4. Licensure: 1. The community residence or recovery community and/or its operator shall be issued the license or certification that the State of Arizona requires to operate the proposed community residence or recovery community within 120 days of the date on which the first individual occupies the community residence. 2. In the event a license or certification from the State of Arizona is not required or available, the community residence or recovery community shall be issued certification by the Arizona Recovery Housing Association within 120 days of the date on which the first individual occupies the community residence or recovery community. Alternatively, the community residence or recovery community shall TA2020001 Page 8 of 11 be issued a “conditional” Oxford House Charter within 30 days of the date on which the first individual occupies the Oxford House and a “permanent” Oxford House Charter within 180 days after the “conditional” charter was issued. 3. Upon application for a community residence or recovery community, the community residence or recovery community and/or its operator shall provide documented evidence that they have filed for licensure with the State of Arizona, if required. 1207.3.5. Annual Documentation: 1. The operator or owner of a community residence or recovery community shall provide to the Zoning Inspector or their designee a copy of its renewed license, certification, or Oxford House Charter within ten business days of the annual anniversary of being granted zoning approval. Failure to maintain annual documentation shall be immediate grounds to deem the community residence or recovery community and/or its operator in violation of the Zoning Ordinance. 1207.3.6. Ownership: 1. A community residence or recovery community permit with Maricopa County is assigned to the owner of record or to the principal of a LLC in possession of the property. 2. A community residence or recovery community permit is not transferable and does not run with the land. 1207.3.7. Reasonable Accommodation: 1. A reasonable accommodation for reasons particular to the proposal of a community residence or recovery community may be granted for qualifying community residences by the Zoning Inspector or their designee for one or more of the following circumstances: a. When one community residence or recovery community is separated from another community residence or recovery community by an interstate, freeway, canal or a right-of-way at least 300’ wide. b. When a community residence operator wishes to exceed the maximum of ten residents and demonstrates by a preponderance of evidence that the community residence requires additional residents to ensure the therapeutic viability of the community residence subject to the following conditions: 1. The operator demonstrates by a preponderance of the evidence that the primary function of the proposed community residence is residential where any medical treatment is merely incidental to the residential use of the property; and 2. The operator demonstrates by a preponderance of the evidence that the proposed community residence will emulate a biological family and operate as a functional family rather than as a boarding or rooming house, nursing home, short term rental, continuing care facility, motel, hotel, detoxification center, treatment center, rehabilitation center, institutional use, group care facility, or assisted living facility that does not comport with the definition of “community residence,” or any other nonresidential use; and 3. The operator demonstrates by a preponderance of the evidence that the requested number of residents in the proposed community residence will not TA2020001 Page 9 of 11 interfere with the normalization and community integration of the occupants of any existing community residence or recovery community. 4. The operator produces documentation from AZDHS or AZRHA that states a specific therapeutic treatment requires additional residents and specifies the number of residents that the treatment requires to ensure the therapeutic viability of the community residence. c. When the receipt of licensure is delayed by the issuing agency and the community residence or recovery community operator presents documentation of the delay from the issuing agency. 1207.3.8. Special Use Permit Remedy: 1. When a proposed community residence or recovery community does not comply with the requirements in 1207.3.1., 1207.3.2., 1207.3.3. and 1207.3.4, a Special Use Permit per Section 1301 of this Ordinance shall be required unless granted a reasonable accommodation under the terms of this ordinance by the Zoning Inspector or their designee. 1207.3.9. Violation: 1. When a community residence or recovery community and/or its operator is unable to comply with the conditions set forth in 1207.3.1., 1207.3.2., 1207.3.3., 1207.3.4 and 1207.3.5. above, it shall be deemed to be in violation of the Zoning Ordinance, its occupants must be relocated to safe and secure housing, and the community residence or recovery community must be vacated within 30 days of being found responsible at hearing. ARTICLE 1301.1. SPECIAL USES: The Board of Supervisors may permit as a Special Use any of the following uses in any zoning district unless otherwise specified in this Section: 1301.1.8. Group care facilities and hospitals and institutions of an educational, religious, charitable or philanthropic nature, homes for the aged, nursing homes, convalescent homes and group homes of more than ten residents for the handicapped and adult care community residences or recovery communities that do not meet the requirements of Article 1207.3 and other group care facilities including for adjudicated residents. Discussion: 1. Staff initiated this text amendment after receiving a fair housing concern from the private counsel (Rod Jarvis of Earl & Curley PC) of a group home operator. The concern is associated with equal treatment in the County’s processing of group home applications. Originally, Mr. Jarvis proposed an applicant-driven text amendment related to group homes (TA2018002). During discussion with Mr. Jarvis, Staff proposed the development of a more comprehensive text amendment. Mr. Jarvis agreed to evaluate the County’s text amendment once proposed. The Board continued TA2018002 five times and ultimately continued the amendment indefinitely at the request of the applicant at the April 7, 2021 Board of Supervisors meeting. 2. In order to prepare this proposed text amendment, Staff first conducted an ordinance review of municipal and county ordinances throughout Arizona. The research showed a wide variation in the definitions and regulatory language related to group homes. Most of the ordinances included a distance separation requirement for group homes and a TA2020001 Page 10 of 11 limitation on the number of people allowed to occupy a group home (typically 10). Following the review, Staff also reviewed a small number of ordinances from comparative counties in the region (i.e. Clark County, NV). 3. Next, Staff hired consultant Daniel Lauber, AICP (American Institute of Certified Planners) to advise the County on recent interpretations of fair housing law in order to prepare an ordinance proposal that minimizes the risk of further concerns and subsequent legal action against the County. Daniel is a nationally recognized subject matter expert on Fair Housing and made a number of recommendations with regard to amending our County zoning ordinance in regard to group homes which he may refer to as community residences. For over 40 years, Daniel devoted himself to group home/community residence law having published a prominent law journal article, reports and model zoning on behalf of the American Planning Association and the American Bar Association. He is an attorney and a city planner and served as President of the American Planning Association and twice as President of the American Institute of Certified Planners. 4. Additionally, Daniel co-wrote the American Planning Association’s amicus brief to the U.S. Supreme Court on the landmark group home decision in Oxford House v. City of Edmonds, Washington. He consulted with many Arizona jurisdictions such as the City of Phoenix, City of Mesa, Town of Cave Creek and City of Prescott. Additionally, he consulted with comparative jurisdictions such as Clark County, NV and Palm Beach County, FL. As part of his work, Daniel conducted workshops, seminars and national conference sessions on zoning for group homes or community residences. Daniel also represented the operators of group homes, halfway houses and sober homes and assisted living homes before regulatory boards throughout the nation. 5. With the advisement of Mr. Lauber and County Counsel Wayne Peck, Staff developed several drafts of the proposed amendment. Below is a summary of proposed major changes to the Zoning Ordinance: Updates and additions to terms related to disabilities such as the removal of potentially insensitive language (i.e. handicapped, servants, etc.) Redefinition of term “group home” to “community residence” and “recovery community”. Treatment shall not be permitted beyond that which is typically permitted in the confines of a residential setting. Removal of some “residential” related language from the term “group care facility” to distinguish the term further from community residences and recovery communities. New definitions related to uses associated with sober living homes (i.e. detoxification center, Oxford House, Inc., Halfway House, etc.) Creation of an administrative appeal process and process for group home applications. Centralization of performance standards related to group homes under one section of the ordinance. Reducing the distancing requirement from 1320’ to 1200’. Allowing no more than two residents per bedroom. Stronger licensing and certification requirements to protect residents. Creation of a reasonable accommodation provision (with application). TA2020001 Page 11 of 11 Accommodations include an accommodation allowing group homes to locate within the required distance if separated by a major barrier such as a canal, accommodation for delay of licensure and an accommodation allowing an increase in the maximum number of residents allowed if there is a specific form of therapy requiring additional residents approved by Arizona Department of Health Services (AZDHS) or the Arizona Recovery Housing Association (AZRHA). 6. Per ARS and the County Zoning Ordinance, all existing group homes will be grandfathered. In the event of a change of ownership, discontinuation of use for a year or longer, request of a reasonable accommodation and/or a violation of existing provisions, the group home operator would be required to reapply under the new provisions if approved. 7. As a part of the Enhanced Regulatory Outreach Process (EROP), Staff held three stakeholder meetings throughout 2021 in January, April and September. Staff notified all registrants under the EROP notification procedures. Additionally, Staff notified all registered Areas of Interest for planning cases including community organizations in all supervisor districts and municipalities throughout the County. A copy of the draft was included in the notification to potential attendees of the stakeholder meetings. Twelve (12) interested parties registered across the three stakeholder workshops. Staff received verbal comments from Rod Jarvis, Rebecca Elliott and Racelle Escolar (City of Phoenix Planner) related to the draft. Staff also sent the presentation of the third stakeholder meeting to all notification registrants. Mr. Jarvis provided several recommendations related to the appeal process and to length of stay timelines (since removed) in the initial draft. Mr. Jarvis also provided recommendations related to the administration of the therapeutic-based reasonable accommodation proposed. Ms. Elliott requested presentation materials from the second stakeholder meeting which Staff subsequently sent to Ms. Elliott. Ms. Escolar asked several questions about the draft including questions about the administrative and appeal process as well as our proposed definition of recovery communities. Next Steps: 8. Staff recommends that the Commission initiate and approve the proposed text amendment for consideration at the December 9, 2021 Planning and Zoning Commission hearing. Prepared by: Adam Cannon, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor and Darren V. Gerard, AICP, Deputy Director Attachments: 2016 Joint Statement of the Dept. of HUD and the Department of Justice: State and Local Land Use Laws and Practices and the Application of the Fair Housing Act (20 pages) Fair Housing Act Website Language Related to Group Homes (1 page) Department Directive 2017-13: Group Homes and Care Facilities (2 pages) Group Home Application Packet (10 pages) Existing Zoning Ordinance Excerpts (10 pages) U.S. DEPARTMENT OF HOUSING A ND URBAN DEVELOPMENT OFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION Washington, D.C. November 10, 2016 JOINT STATEMENT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE DEPARTMENT OF JUSTICE STATE AND LOCAL LAND USE LAWS AND PRACTICES AND THE APPLICATION OF THE FAIR HOUSING ACT INTRODUCTION The Department of Justice (“DOJ”) and the Department of Housing and Urban Development (“HUD”) are jointly responsible for enforcing the Federal Fair Housing Act (“the Act”),1 which prohibits discrimination in housing on the basis of race, color, religion, sex, disability, familial status (children under 18 living with a parent or guardian), or national origin.2 The Act prohibits housing-related policies and practices that exclude or otherwise discriminate against individuals because of protected characteristics. The regulation of land use and zoning is traditionally reserved to state and local governments, except to the extent that it conflicts with requirements imposed by the Fair Housing Act or other federal laws. This Joint Statement provides an overview of the Fair Housing Act’s requirements relating to state and local land use practices and zoning laws, including conduct related to group homes. It updates and expands upon DOJ’s and HUD’s Joint 1 The Fair Housing Act is codified at 42 U.S.C. §§ 3601–19. 2 The Act uses the term “handicap” instead of “disability.” Both terms have the same legal meaning. See Bragdon v. Abbott, 524 U.S. 624, 631 (1998) (noting that the definition of “disability” in the Americans with Disabilities Act 1 Statement on Group Homes, Local Land Use, and the Fair Housing Act, issued on August 18, 1999. The first section of the Joint Statement, Questions 1–6, describes generally the Act’s requirements as they pertain to land use and zoning. The second and third sections, Questions 7– 25, discuss more specifically how the Act applies to land use and zoning laws affecting housing for persons with disabilities, including guidance on regulating group homes and the requirement to provide reasonable accommodations. The fourth section, Questions 26–27, addresses HUD’s and DOJ’s enforcement of the Act in the land use and zoning context. This Joint Statement focuses on the Fair Housing Act, not on other federal civil rights laws that prohibit state and local governments from adopting or implementing land use and zoning practices that discriminate based on a protected characteristic, such as Title II of the Americans with Disabilities Act (“ADA”),3 Section 504 of the Rehabilitation Act of 1973 (“Section 504”),4 and Title VI of the Civil Rights Act of 1964.5 In addition, the Joint Statement does not address a state or local government’s duty to affirmatively further fair housing, even though state and local governments that receive HUD assistance are subject to this duty. For additional information provided by DOJ and HUD regarding these issues, see the list of resources provided in the answer to Question 27. Questions and Answers on the Fair Housing Act and State and Local Land Use Laws and Zoning 1. How does the Fair Housing Act apply to state and local land use and zoning? The Fair Housing Act prohibits a broad range of housing practices that discriminate against individuals on the basis of race, color, religion, sex, disability, familial status, or national origin (commonly referred to as protected characteristics). As established by the Supremacy Clause of the U.S. Constitution, federal laws such as the Fair Housing Act take precedence over conflicting state and local laws. The Fair Housing Act thus prohibits state and local land use and zoning laws, policies, and practices that discriminate based on a characteristic protected under the Act. Prohibited practices as defined in the Act include making unavailable or denying housing because of a protected characteristic. Housing includes not only buildings intended for occupancy as residences, but also vacant land that may be developed into residences. is drawn almost verbatim “from the definition of ‘handicap’ contained in the Fair Housing Amendments Act of 1988”). This document uses the term “disability,” which is more generally accepted. 3 42 U.S.C. §12132. 4 29 U.S.C. § 794. 5 42 U.S.C. § 2000d. 2 2. What types of land use and zoning laws or practices violate the Fair Housing Act? Examples of state and local land use and zoning laws or practices that may violate the Act include: Prohibiting or restricting the development of housing based on the belief that the residents will be members of a particular protected class, such as race, disability, or familial status, by, for example, placing a moratorium on the development of multifamily housing because of concerns that the residents will include members of a particular protected class. Imposing restrictions or additional conditions on group housing for persons with disabilities that are not imposed on families or other groups of unrelated individuals, by, for example, requiring an occupancy permit for persons with disabilities to live in a single-family home while not requiring a permit for other residents of single-family homes. Imposing restrictions on housing because of alleged public safety concerns that are based on stereotypes about the residents’ or anticipated residents’ membership in a protected class, by, for example, requiring a proposed development to provide additional security measures based on a belief that persons of a particular protected class are more likely to engage in criminal activity. Enforcing otherwise neutral laws or policies differently because of the residents’ protected characteristics, by, for example, citing individuals who are members of a particular protected class for violating code requirements for property upkeep while not citing other residents for similar violations. Refusing to provide reasonable accommodations to land use or zoning policies when such accommodations may be necessary to allow persons with disabilities to have an equal opportunity to use and enjoy the housing, by, for example, denying a request to modify a setback requirement so an accessible sidewalk or ramp can be provided for one or more persons with mobility disabilities. 3. When does a land use or zoning practice constitute intentional discrimination in violation of the Fair Housing Act? Intentional discrimination is also referred to as disparate treatment, meaning that the action treats a person or group of persons differently because of race, color, religion, sex, disability, familial status, or national origin. A land use or zoning practice may be intentionally discriminatory even if there is no personal bias or animus on the part of individual government officials. For example, municipal zoning practices or decisions that reflect acquiescence to community bias may be intentionally discriminatory, even if the officials themselves do not personally share such bias. (See Q&A 5.) Intentional discrimination does not require that the 3 decision-makers were hostile toward members of a particular protected class. Decisions motivated by a purported desire to benefit a particular group can also violate the Act if they result in differential treatment because of a protected characteristic. A land use or zoning practice may be discriminatory on its face. For example, a law that requires persons with disabilities to request permits to live in single-family zones while not requiring persons without disabilities to request such permits violates the Act because it treats persons with disabilities differently based on their disability. Even a law that is seemingly neutral will still violate the Act if enacted with discriminatory intent. In that instance, the analysis of whether there is intentional discrimination will be based on a variety of factors, all of which need not be satisfied. These factors include, but are not limited to: (1) the “impact” of the municipal practice, such as whether an ordinance disproportionately impacts minority residents compared to white residents or whether the practice perpetuates segregation in a neighborhood or particular geographic area; (2) the “historical background” of the action, such as whether there is a history of segregation or discriminatory conduct by the municipality; (3) the “specific sequence of events,” such as whether the city adopted an ordinance or took action only after significant, racially-motivated community opposition to a housing development or changed course after learning that a development would include non-white residents; (4) departures from the “normal procedural sequence,” such as whether a municipality deviated from normal application or zoning requirements; (5) “substantive departures,” such as whether the factors usually considered important suggest that a state or local government should have reached a different result; and (6) the “legislative or administrative history,” such as any statements by members of the state or local decision-making body.6 4. Can state and local land use and zoning laws or practices violate the Fair Housing Act if the state or locality did not intend to discriminate against persons on a prohibited basis? Yes. Even absent a discriminatory intent, state or local governments may be liable under the Act for any land use or zoning law or practice that has an unjustified discriminatory effect because of a protected characteristic. In 2015, the United States Supreme Court affirmed this interpretation of the Act in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.7 The Court stated that “[t]hese unlawful practices include zoning laws and other housing restrictions that function unfairly to exclude minorities from certain neighborhoods without any sufficient justification.”8 6 Vill. of Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 265–68 (1977). 7 ___ U.S. ___, 135 S. Ct. 2507 (2015). 8 Id. at 2521–22. 4 A land use or zoning practice results in a discriminatory effect if it caused or predictably will cause a disparate impact on a group of persons or if it creates, increases, reinforces, or perpetuates segregated housing patterns because of a protected characteristic. A state or local government still has the opportunity to show that the practice is necessary to achieve one or more of its substantial, legitimate, nondiscriminatory interests. These interests must be supported by evidence and may not be hypothetical or speculative. If these interests could not be served by another practice that has a less discriminatory effect, then the practice does not violate the Act. The standard for evaluating housing-related practices with a discriminatory effect are set forth in HUD’s Discriminatory Effects Rule, 24 C.F.R § 100.500. Examples of land use practices that violate the Fair Housing Act under a discriminatory effects standard include minimum floor space or lot size requirements that increase the size and cost of housing if such an increase has the effect of excluding persons from a locality or neighborhood because of their membership in a protected class, without a legally sufficient justification. Similarly, prohibiting low-income or multifamily housing may have a discriminatory effect on persons because of their membership in a protected class and, if so, would violate the Act absent a legally sufficient justification. 5. Does a state or local government violate the Fair Housing Act if it considers the fears or prejudices of community members when enacting or applying its zoning or land use laws respecting housing? When enacting or applying zoning or land use laws, state and local governments may not act because of the fears, prejudices, stereotypes, or unsubstantiated assumptions that community members may have about current or prospective residents because of the residents’ protected characteristics. Doing so violates the Act, even if the officials themselves do not personally share such bias. For example, a city may not deny zoning approval for a low-income housing development that meets all zoning and land use requirements because the development may house residents of a particular protected class or classes whose presence, the community fears, will increase crime and lower property values in the surrounding neighborhood. Similarly, a local government may not block a group home or deny a requested reasonable accommodation in response to neighbors’ stereotypical fears or prejudices about persons with disabilities or a particular type of disability. Of course, a city council or zoning board is not bound by everything that is said by every person who speaks at a public hearing. It is the record as a whole that will be determinative. 5 6. Can state and local governments violate the Fair Housing Act if they adopt or implement restrictions against children? Yes. State and local governments may not impose restrictions on where families with children may reside unless the restrictions are consistent with the “housing for older persons” exemption of the Act. The most common types of housing for older persons that may qualify for this exemption are: (1) housing intended for, and solely occupied by, persons 62 years of age or older; and (2) housing in which 80% of the occupied units have at least one person who is 55 years of age or older that publishes and adheres to policies and procedures demonstrating the intent to house older persons. These types of housing must meet all requirements of the exemption, including complying with HUD regulations applicable to such housing, such as verification procedures regarding the age of the occupants. A state or local government that zones an area to exclude families with children under 18 years of age must continually ensure that housing in that zone meets all requirements of the exemption. If all of the housing in that zone does not continue to meet all such requirements, that state or local government violates the Act. Questions and Answers on the Fair Housing Act and Local Land Use and Zoning Regulation of Group Homes 7. Who qualifies as a person with a disability under the Fair Housing Act? The Fair Housing Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment. The term “physical or mental impairment” includes, but is not limited to, diseases and conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV infection, developmental disabilities, mental illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance), and alcoholism. The term “major life activity” includes activities such as seeing, hearing, walking breathing, performing manual tasks, caring for one’s self, learning, speaking, and working. This list of major life activities is not exhaustive. Being regarded as having a disability means that the individual is treated as if he or she has a disability even though the individual may not have an impairment or may not have an impairment that substantially limits one or more major life activities. For example, if a landlord 6 refuses to rent to a person because the landlord believes the prospective tenant has a disability, then the landlord violates the Act’s prohibition on discrimination on the basis of disability, even if the prospective tenant does not actually have a physical or mental impairment that substantially limits one or more major life activities. Having a record of a disability means the individual has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. 8. What is a group home within the meaning of the Fair Housing Act? The term “group home” does not have a specific legal meaning; land use and zoning officials and the courts, however, have referred to some residences for persons with disabilities as group homes. The Fair Housing Act prohibits discrimination on the basis of disability, and persons with disabilities have the same Fair Housing Act protections whether or not their housing is considered a group home. A household where two or more persons with disabilities choose to live together, as a matter of association, may not be subjected to requirements or conditions that are not imposed on households consisting of persons without disabilities. In this Statement, the term “group home” refers to a dwelling that is or will be occupied by unrelated persons with disabilities. Sometimes group homes serve individuals with a particular type of disability, and sometimes they serve individuals with a variety of disabilities. Some group homes provide residents with in-home support services of varying types, while others do not. The provision of support services is not required for a group home to be protected under the Fair Housing Act. Group homes, as discussed in this Statement, may be opened by individuals or by organizations, both for-profit and not-for-profit. Sometimes it is the group home operator or developer, rather than the individuals who live or are expected to live in the home, who interacts with a state or local government agency about developing or operating the group home, and sometimes there is no interaction among residents or operators and state or local governments. In this Statement, the term “group home” includes homes occupied by persons in recovery from alcohol or substance abuse, who are persons with disabilities under the Act. Although a group home for persons in recovery may commonly be called a “sober home,” the term does not have a specific legal meaning, and the Act treats persons with disabilities who reside in such homes no differently than persons with disabilities who reside in other types of group homes. Like other group homes, homes for persons in recovery are sometimes operated by individuals or organizations, both for-profit and not-for-profit, and support services or supervision are sometimes, but not always, provided. The Act does not require a person who resides in a home for persons in recovery to have participated in or be currently participating in a 7 substance abuse treatment program to be considered a person with a disability. The fact that a resident of a group home may currently be illegally using a controlled substance does not deprive the other residents of the protection of the Fair Housing Act. 9. In what ways does the Fair Housing Act apply to group homes? The Fair Housing Act prohibits discrimination on the basis of disability, and persons with disabilities have the same Fair Housing Act protections whether or not their housing is considered a group home. State and local governments may not discriminate against persons with disabilities who live in group homes. Persons with disabilities who live in or seek to live in group homes are sometimes subjected to unlawful discrimination in a number of ways, including those discussed in the preceding Section of this Joint Statement. Discrimination may be intentional; for example, a locality might pass an ordinance prohibiting group homes in single- family neighborhoods or prohibiting group homes for persons with certain disabilities. These ordinances are facially discriminatory, in violation of the Act. In addition, as discussed more fully in Q&A 10 below, a state or local government may violate the Act by refusing to grant a reasonable accommodation to its zoning or land use ordinance when the requested accommodation may be necessary for persons with disabilities to have an equal opportunity to use and enjoy a dwelling. For example, if a locality refuses to waive an ordinance that limits the number of unrelated persons who may live in a single-family home where such a waiver may be necessary for persons with disabilities to have an equal opportunity to use and enjoy a dwelling, the locality violates the Act unless the locality can prove that the waiver would impose an undue financial and administrative burden on the local government or fundamentally alter the essential nature of the locality’s zoning scheme. Furthermore, a state or local government may violate the Act by enacting an ordinance that has an unjustified discriminatory effect on persons with disabilities who seek to live in a group home in the community. Unlawful actions concerning group homes are discussed in more detail throughout this Statement. 10. What is a reasonable accommodation under the Fair Housing Act? 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. Since rules, policies, practices, and services may have a different effect on persons with disabilities than on other persons, treating persons with disabilities exactly the same as others may sometimes deny them an equal opportunity to use and enjoy a dwelling. 8 Even if a zoning ordinance imposes on group homes the same restrictions that it imposes on housing for other groups of unrelated persons, a local government may be required, in individual cases and when requested to do so, to grant a reasonable accommodation to a group home for persons with disabilities. What constitutes a reasonable accommodation is a case-by case determination based on an individualized assessment. This topic is discussed in detail in Q&As 20–25 and in the HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act. 11. Does the Fair Housing Act protect persons with disabilities who pose a “direct threat” to others? The Act does not allow for the exclusion of individuals based upon fear, speculation, or stereotype about a particular disability or persons with disabilities in general. Nevertheless, the Act does not protect an individual whose tenancy would constitute a “direct threat” to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others unless the threat or risk to property can be eliminated or significantly reduced by reasonable accommodation. A determination that an individual poses a direct threat must rely on an individualized assessment that is based on reliable objective evidence (for example, current conduct or a recent history of overt acts). The assessment must consider: (1) the nature, duration, and severity of the risk of injury; (2) the probability that injury will actually occur; and (3) whether there are any reasonable accommodations that will eliminate or significantly reduce the direct threat. See Q&A 10 for a general discussion of reasonable accommodations. Consequently, in evaluating an individual’s recent history of overt acts, a state or local government must take into account whether the individual has received intervening treatment or medication that has eliminated or significantly reduced the direct threat (in other words, significant risk of substantial harm). In such a situation, the state or local government may request that the individual show how the circumstances have changed so that he or she no longer poses a direct threat. Any such request must be reasonable and limited to information necessary to assess whether circumstances have changed. Additionally, in such a situation, a state or local government may obtain satisfactory and reasonable assurances that the individual will not pose a direct threat during the tenancy. The state or local government must have reliable, objective evidence that the tenancy of a person with a disability poses a direct threat before excluding him or her from housing on that basis, and, in making that assessment, the state or local government may not ignore evidence showing that the individual’s tenancy would no longer pose a direct threat. Moreover, the fact that one individual may pose a direct threat does not mean that another individual with the same disability or other individuals in a group home may be denied housing. 9 12. Can a state or local government enact laws that specifically limit group homes for individuals with specific types of disabilities? No. Just as it would be illegal to enact a law for the purpose of excluding or limiting group homes for individuals with disabilities, it is illegal under the Act for local land use and zoning laws to exclude or limit group homes for individuals with specific types of disabilities. For example, a government may not limit group homes for persons with mental illness to certain neighborhoods. The fact that the state or local government complies with the Act with regard to group homes for persons with some types of disabilities will not justify discrimination against individuals with another type of disability, such as mental illness. 13. Can a state or local government limit the number of individuals who reside in a group home in a residential neighborhood? Neutral laws that govern groups of unrelated persons who live together do not violate the Act so long as (1) those laws do not intentionally discriminate against persons on the basis of disability (or other protected class), (2) those laws do not have an unjustified discriminatory effect on the basis of disability (or other protected class), and (3) state and local governments make reasonable accommodations when such accommodations may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling. Local zoning and land use laws that treat groups of unrelated persons with disabilities less favorably than similar groups of unrelated persons without disabilities violate the Fair Housing Act. For example, suppose a city’s zoning ordinance defines a “family” to include up to a certain number of unrelated persons living together as a household unit, and gives such a group of unrelated persons the right to live in any zoning district without special permission from the city. If that ordinance also prohibits a group home having the same number of persons with disabilities in a certain district or requires it to seek a use permit, the ordinance would violate the Fair Housing Act. The ordinance violates the Act because it treats persons with disabilities less favorably than families and unrelated persons without disabilities. A local government may generally restrict the ability of groups of unrelated persons to live together without violating the Act as long as the restrictions are imposed on all such groups, including a group defined as a family. Thus, if the definition of a family includes up to a certain number of unrelated individuals, an ordinance would not, on its face, violate the Act if a group home for persons with disabilities with more than the permitted number for a family were not allowed to locate in a single-family-zoned neighborhood because any group of unrelated people without disabilities of that number would also be disallowed. A facially neutral ordinance, however, still may violate the Act if it is intentionally discriminatory (that is, enacted with discriminatory intent or applied in a discriminatory manner), or if it has an unjustified 10 discriminatory effect on persons with disabilities. For example, an ordinance that limits the number of unrelated persons who may constitute a family may violate the Act if it is enacted for the purpose of limiting the number of persons with disabilities who may live in a group home, or if it has the unjustified discriminatory effect of excluding or limiting group homes in the jurisdiction. Governments may also violate the Act if they enforce such restrictions more strictly against group homes than against groups of the same number of unrelated persons without disabilities who live together in housing. In addition, as discussed in detail below, because the Act prohibits the denial of reasonable accommodations to rules and policies for persons with disabilities, a group home that provides housing for a number of persons with disabilities that exceeds the number allowed under the family definition has the right to seek an exception or waiver. If the criteria for a reasonable accommodation are met, the permit must be given in that instance, but the ordinance would not be invalid.9 14. How does the Supreme Court’s ruling in Olmstead apply to the Fair Housing Act? In Olmstead v. L.C.,10 the Supreme Court ruled that the Americans with Disabilities Act (ADA) prohibits the unjustified segregation of persons with disabilities in institutional settings where necessary services could reasonably be provided in integrated, community-based settings. An integrated setting is one that enables individuals with disabilities to live and interact with individuals without disabilities to the fullest extent possible. By contrast, a segregated setting includes congregate settings populated exclusively or primarily by individuals with disabilities. Although Olmstead did not interpret the Fair Housing Act, the objectives of the Fair Housing Act and the ADA, as interpreted in Olmstead, are consistent. The Fair Housing Act ensures that persons with disabilities have an equal opportunity to choose the housing where they wish to live. The ADA and Olmstead ensure that persons with disabilities also have the option to live and receive services in the most integrated setting appropriate to their needs. The integration mandate of the ADA and Olmstead can be implemented without impairing the rights protected by the Fair Housing Act. For example, state and local governments that provide or fund housing, health care, or support services must comply with the integration mandate by providing these programs, services, and activities in the most integrated setting appropriate to the needs of individuals with disabilities. State and local governments may comply with this requirement by adopting standards for the housing, health care, or support services they provide or fund that are reasonable, individualized, and specifically tailored to enable individuals with disabilities to live and interact with individuals without disabilities to the fullest extent possible. Local governments should be aware that ordinances and policies that impose additional restrictions on housing or residential services for persons with disabilities that are not imposed on housing or 9 Laws that limit the number of occupants per unit do not violate the Act as long as they are reasonable, are applied to all occupants, and do not operate to discriminate on the basis of disability, familial status, or other characteristics protected by the Act. 10 527 U.S. 581 (1999). 11 residential services for persons without disabilities are likely to violate the Act. In addition, a locality would violate the Act and the integration mandate of the ADA and Olmstead if it required group homes to be concentrated in certain areas of the jurisdiction by, for example, restricting them from being located in other areas. 15. Can a state or local government impose spacing requirements on the location of group homes for persons with disabilities? A “spacing” or “dispersal” requirement generally refers to a requirement that a group home for persons with disabilities must not be located within a specific distance of another group home. Sometimes a spacing requirement is designed so it applies only to group homes and sometimes a spacing requirement is framed more generally and applies to group homes and other types of uses such as boarding houses, student housing, or even certain types of businesses. In a community where a certain number of unrelated persons are permitted by local ordinance to reside together in a home, it would violate the Act for the local ordinance to impose a spacing requirement on group homes that do not exceed that permitted number of residents because the spacing requirement would be a condition imposed on persons with disabilities that is not imposed on persons without disabilities. In situations where a group home seeks a reasonable accommodation to exceed the number of unrelated persons who are permitted by local ordinance to reside together, the Fair Housing Act does not prevent state or local governments from taking into account concerns about the over-concentration of group homes that are located in close proximity to each other. Sometimes compliance with the integration mandate of the ADA and Olmstead requires government agencies responsible for licensing or providing housing for persons with disabilities to consider the location of other group homes when determining what housing will best meet the needs of the persons being served. Some courts, however, have found that spacing requirements violate the Fair Housing Act because they deny persons with disabilities an equal opportunity to choose where they will live. Because an across-the-board spacing requirement may discriminate against persons with disabilities in some residential areas, any standards that state or local governments adopt should evaluate the location of group homes for persons with disabilities on a case-by-case basis. Where a jurisdiction has imposed a spacing requirement on the location of group homes for persons with disabilities, courts may analyze whether the requirement violates the Act under an intent, effects, or reasonable accommodation theory. In cases alleging intentional discrimination, courts look to a number of factors, including the effect of the requirement on housing for persons with disabilities; the jurisdiction’s intent behind the spacing requirement; the existence, size, and location of group homes in a given area; and whether there are methods other than a spacing requirement for accomplishing the jurisdiction’s stated purpose. A spacing requirement enacted with discriminatory intent, such as for the purpose of appeasing neighbors’ stereotypical fears about living near persons with disabilities, violates the Act. Further, a neutral 12 spacing requirement that applies to all housing for groups of unrelated persons may have an unjustified discriminatory effect on persons with disabilities, thus violating the Act. Jurisdictions must also consider, in compliance with the Act, requests for reasonable accommodations to any spacing requirements. 16. Can a state or local government impose health and safety regulations on group home operators? Operators of group homes for persons with disabilities are subject to applicable state and local regulations addressing health and safety concerns unless those regulations are inconsistent with the Fair Housing Act or other federal law. Licensing and other regulatory requirements that may apply to some group homes must also be consistent with the Fair Housing Act. Such regulations must not be based on stereotypes about persons with disabilities or specific types of disabilities. State or local zoning and land use ordinances may not, consistent with the Fair Housing Act, require individuals with disabilities to receive medical, support, or other services or supervision that they do not need or want as a condition for allowing a group home to operate. State and local governments’ enforcement of neutral requirements regarding safety, licensing, and other regulatory requirements governing group homes do not violate the Fair Housing Act so long as the ordinances are enforced in a neutral manner, they do not specifically target group homes, and they do not have an unjustified discriminatory effect on persons with disabilities who wish to reside in group homes. Governments must also consider requests for reasonable accommodations to licensing and regulatory requirements and procedures, and grant them where they may be necessary to afford individuals with disabilities an equal opportunity to use and enjoy a dwelling, as required by the Act. 17. Can a state or local government address suspected criminal activity or fraud and abuse at group homes for persons with disabilities? The Fair Housing Act does not prevent state and local governments from taking nondiscriminatory action in response to criminal activity, insurance fraud, Medicaid fraud, neglect or abuse of residents, or other illegal conduct occurring at group homes, including reporting complaints to the appropriate state or federal regulatory agency. States and localities must ensure that actions to enforce criminal or other laws are not taken to target group homes and are applied equally, regardless of whether the residents of housing are persons with disabilities. For example, persons with disabilities residing in group homes are entitled to the same constitutional protections against unreasonable search and seizure as those without disabilities. 13 18. Does the Fair Housing Act permit a state or local government to implement strategies to integrate group homes for persons with disabilities in particular neighborhoods where they are not currently located? Yes. Some strategies a state or local government could use to further the integration of group housing for persons with disabilities, consistent with the Act, include affirmative marketing or offering incentives. For example, jurisdictions may engage in affirmative marketing or offer variances to providers of housing for persons with disabilities to locate future homes in neighborhoods where group homes for persons with disabilities are not currently located. But jurisdictions may not offer incentives for a discriminatory purpose or that have an unjustified discriminatory effect because of a protected characteristic. 19. Can a local government consider the fears or prejudices of neighbors in deciding whether a group home can be located in a particular neighborhood? In the same way a local government would violate the law if it rejected low-income housing in a community because of neighbors’ fears that such housing would be occupied by racial minorities (see Q&A 5), a local government violates the law if it blocks a group home or denies a reasonable accommodation request because of neighbors’ stereotypical fears or prejudices about persons with disabilities. This is so even if the individual government decision- makers themselves do not have biases against persons with disabilities. Not all community opposition to requests by group homes is necessarily discriminatory. For example, when a group home seeks a reasonable accommodation to operate in an area and the area has limited on-street parking to serve existing residents, it is not a violation of the Fair Housing Act for neighbors and local government officials to raise concerns that the group home may create more demand for on-street parking than would a typical family and to ask the provider to respond. A valid unaddressed concern about inadequate parking facilities could justify denying the requested accommodation, if a similar dwelling that is not a group home or similarly situated use would ordinarily be denied a permit because of such parking concerns. If, however, the group home shows that the home will not create a need for more parking spaces than other dwellings or similarly-situated uses located nearby, or submits a plan to provide any needed off-street parking, then parking concerns would not support a decision to deny the home a permit. 14 Questions and Answers on the Fair Housing Act and Reasonable Accommodation Requests to Local Zoning and Land Use Laws 20. When does a state or local government violate the Fair Housing Act by failing to grant a request for a reasonable accommodation? A state or local government violates the Fair Housing Act by failing to grant a reasonable accommodation request if (1) the persons requesting the accommodation or, in the case of a group home, persons residing in or expected to reside in the group home are persons with a disability under the Act; (2) the state or local government knows or should reasonably be expected to know of their disabilities; (3) an accommodation in the land use or zoning ordinance or other rules, policies, practices, or services of the state or locality was requested by or on behalf of persons with disabilities; (4) the requested accommodation may be necessary to afford one or more persons with a disability an equal opportunity to use and enjoy the dwelling; (5) the state or local government refused to grant, failed to act on, or unreasonably delayed the accommodation request; and (6) the state or local government cannot show that granting the accommodation would impose an undue financial and administrative burden on the local government or that it would fundamentally alter the local government’s zoning scheme. A requested accommodation may be necessary if there is an identifiable relationship between the requested accommodation and the group home residents’ disability. Further information is provided in Q&A 10 above and the HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act. 21. Can a local government deny a group home’s request for a reasonable accommodation without violating the Fair Housing Act? Yes, a local government may deny a group home’s request for a reasonable accommodation if the request was not made by or on behalf of persons with disabilities (by, for example, the group home developer or operator) or if there is no disability-related need for the requested accommodation because there is no relationship between the requested accommodation and the disabilities of the residents or proposed residents. In addition, a group home’s request for a reasonable accommodation may be denied by a local government if providing the accommodation is not reasonable—in other words, if it would impose an undue financial and administrative burden on the local government or it would fundamentally alter the local government’s zoning scheme. The determination of undue financial and administrative burden must be decided on a case-by-case basis involving various factors, such as the nature and extent of the administrative burden and the cost of the requested accommodation to the local government, the financial resources of the local government, and the benefits that the accommodation would provide to the persons with disabilities who will reside in the group home. 15 When a local government refuses an accommodation request because it would pose an undue financial and administrative burden, the local government should discuss with the requester whether there is an alternative accommodation that would effectively address the disability-related needs of the group home’s residents without imposing an undue financial and administrative burden. This discussion is called an “interactive process.” If an alternative accommodation would effectively meet the disability-related needs of the residents of the group home and is reasonable (that is, it would not impose an undue financial and administrative burden or fundamentally alter the local government’s zoning scheme), the local government must grant the alternative accommodation. An interactive process in which the group home and the local government discuss the disability-related need for the requested accommodation and possible alternative accommodations is both required under the Act and helpful to all concerned, because it often results in an effective accommodation for the group home that does not pose an undue financial and administrative burden or fundamental alteration for the local government. 22. What is the procedure for requesting a reasonable accommodation? The reasonable accommodation must actually be requested by or on behalf of the individuals with disabilities who reside or are expected to reside in the group home. When the request is made, it is not necessary for the specific individuals who would be expected to live in the group home to be identified. The Act does not require that a request be made in a particular manner or at a particular time. The group home does not need to mention the Fair Housing Act or use the words “reasonable accommodation” when making a reasonable accommodation request. The group home must, however, make the request in a manner that a reasonable person would understand to be a disability-related request for an exception, change, or adjustment to a rule, policy, practice, or service. When making a request for an exception, change, or adjustment to a local land use or zoning regulation or policy, the group home should explain what type of accommodation is being requested and, if the need for the accommodation is not readily apparent or known by the local government, explain the relationship between the accommodation and the disabilities of the group home residents. A request for a reasonable accommodation can be made either orally or in writing. It is often helpful for both the group home and the local government if the reasonable accommodation request is made in writing. This will help prevent misunderstandings regarding what is being requested or whether or when the request was made. Where a local land use or zoning code contains specific procedures for seeking a departure from the general rule, courts have decided that these procedures should ordinarily be followed. If no procedure is specified, or if the procedure is unreasonably burdensome or intrusive or involves significant delays, a request for a reasonable accommodation may, 16 nevertheless, be made in some other way, and a local government is obligated to grant it if the requested accommodation meets the criteria discussed in Q&A 20, above. Whether or not the local land use or zoning code contains a specific procedure for requesting a reasonable accommodation or other exception to a zoning regulation, if local government officials have previously made statements or otherwise indicated that an application for a reasonable accommodation would not receive fair consideration, or if the procedure itself is discriminatory, then persons with disabilities living in a group home, and/or its operator, have the right to file a Fair Housing Act complaint in court to request an order for a reasonable accommodation to the local zoning regulations. 23. Does the Fair Housing Act require local governments to adopt formal reasonable accommodation procedures? The Act does not require a local government to adopt formal procedures for processing requests for reasonable accommodations to local land use or zoning codes. DOJ and HUD nevertheless strongly encourage local governments to adopt formal procedures for identifying and processing reasonable accommodation requests and provide training for government officials and staff as to application of the procedures. Procedures for reviewing and acting on reasonable accommodation requests will help state and local governments meet their obligations under the Act to respond to reasonable accommodation requests and implement reasonable accommodations promptly. Local governments are also encouraged to ensure that the procedures to request a reasonable accommodation or other exception to local zoning regulations are well known throughout the community by, for example, posting them at a readily accessible location and in a digital format accessible to persons with disabilities on the government’s website. If a jurisdiction chooses to adopt formal procedures for reasonable accommodation requests, the procedures cannot be onerous or require information beyond what is necessary to show that the individual has a disability and that the requested accommodation is related to that disability. For example, in most cases, an individual’s medical record or detailed information about the nature of a person’s disability is not necessary for this inquiry. In addition, officials and staff must be aware that any procedures for requesting a reasonable accommodation must also be flexible to accommodate the needs of the individual making a request, including accepting and considering requests that are not made through the official procedure. The adoption of a reasonable accommodation procedure, however, will not cure a zoning ordinance that treats group homes differently than other residential housing with the same number of unrelated persons. 17 24. What if a local government fails to act promptly on a reasonable accommodation request? A local government has an obligation to provide prompt responses to reasonable accommodation requests, whether or not a formal reasonable accommodation procedure exists. A local government’s undue delay in responding to a reasonable accommodation request may be deemed a failure to provide a reasonable accommodation. 25. Can a local government enforce its zoning code against a group home that violates the zoning code but has not requested a reasonable accommodation? The Fair Housing Act does not prohibit a local government from enforcing its zoning code against a group home that has violated the local zoning code, as long as that code is not discriminatory or enforced in a discriminatory manner. If, however, the group home requests a reasonable accommodation when faced with enforcement by the locality, the locality still must consider the reasonable accommodation request. A request for a reasonable accommodation may be made at any time, so at that point, the local government must consider whether there is a relationship between the disabilities of the residents of the group home and the need for the requested accommodation. If so, the locality must grant the requested accommodation unless doing so would pose a fundamental alteration to the local government’s zoning scheme or an undue financial and administrative burden to the local government. Questions and Answers on Fair Housing Act Enforcement of Complaints Involving Land Use and Zoning 26. How are Fair Housing Act complaints involving state and local land use laws and practices handled by HUD and DOJ? The Act gives HUD the power to receive, investigate, and conciliate complaints of discrimination, including complaints that a state or local government has discriminated in exercising its land use and zoning powers. HUD may not issue a charge of discrimination pertaining to “the legality of any State or local zoning or other land use law or ordinance.” Rather, after investigating, HUD refers matters it believes may be meritorious to DOJ, which, in its discretion, may decide to bring suit against the state or locality within 18 months after the practice at issue occurred or terminated. DOJ may also bring suit by exercising its authority to initiate litigation alleging a pattern or practice of discrimination or a denial of rights to a group of persons which raises an issue of general public importance. If HUD determines that there is no reasonable cause to believe that there may be a violation, it will close an investigation without referring the matter to DOJ. But a HUD or DOJ 18 decision not to proceed with a land use or zoning matter does not foreclose private plaintiffs from pursuing a claim. Litigation can be an expensive, time-consuming, and uncertain process for all parties. HUD and DOJ encourage parties to land use disputes to explore reasonable alternatives to litigation, including alternative dispute resolution procedures, like mediation or conciliation of the HUD complaint. HUD attempts to conciliate all complaints under the Act that it receives, including those involving land use or zoning laws. In addition, it is DOJ’s policy to offer prospective state or local governments the opportunity to engage in pre-suit settlement negotiations, except in the most unusual circumstances. 27. How can I find more information? For more information on reasonable accommodations and reasonable modifications under the Fair Housing Act: HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act, available at https://www.justice.gov/crt/fair-housing-policy-statements-and-guidance-0 or http://www.hud.gov/offices/fheo/library/huddojstatement.pdf. HUD/DOJ Joint Statement on Reasonable Modifications under the Fair Housing Act, available at https://www.justice.gov/crt/fair-housing-policy-statements-and-guidance-0 or http://www.hud.gov/offices/fheo/disabilities/reasonable_modifications_mar08.pdf. For more information on state and local governments’ obligations under Section 504: HUD website at http://portal.hud.gov/hudportal/HUD?src=/program_offices/ fair_housing_equal_opp/disabilities/sect504. For more information on state and local governments’ obligations under the ADA and Olmstead: U.S. Department of Justice website, www.ADA.gov, or call the ADA information line at (800) 514-0301 (voice) or (800) 514-0383 (TTY). Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C., available at http://www.ada.gov./olmstead/q&a_olmstead.htm. Statement of the Department of Housing and Urban Development on the Role of Housing in Accomplishing the Goals of Olmstead, available at http://portal.hud.gov/hudportal/documents/huddoc?id=OlmsteadGuidnc060413.pdf. 19 For more information on the requirement to affirmatively further fair housing: Affirmatively Furthering Fair Housing, 80 Fed. Reg. 42,272 (July 16, 2015) (to be codified at 24 C.F.R. pts. 5, 91, 92, 570, 574, 576, and 903). U.S. Department of Housing and Urban Development, Version 1, Affirmatively Furthering Fair Housing Rule Guidebook (2015), available at https://www.hudexchange.info/resources/documents/AFFH-Rule-Guidebook.pdf. Office of Fair Housing and Equal Opportunity, U.S. Department of Housing and Urban Development, Vol. 1, Fair Housing Planning Guide (1996), available at http://www.hud.gov/offices/fheo/images/fhpg.pdf. For more information on nuisance and crime-free ordinances: Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime-Free Housing Ordinances Against Victims of Domestic Violence, Other Crime Victims, and Others Who Require Police or Emergency Services (Sept. 13, 2016), available at http://portal.hud.gov/hudportal/documents/ huddoc?id=FinalNuisanceOrdGdnce.pdf. 20 Discrimination in Housing Based Upon Disability Group Homes Some individuals with disabilities may live together in congregate living arrangements, often referred to as "group homes." The Fair Housing Act prohibits municipalities and other local government entities from making zoning or land use decisions or implementing land use policies that exclude or otherwise discriminate against individuals with disabilities. The Fair Housing Act makes it unlawful -- • To utilize land use policies or actions that treat groups of persons with disabilities less favorably than groups of non-disabled persons. An example would be an ordinance prohibiting housing for persons with disabilities or a specific type of disability, such as mental illness, from locating in a particular area, while allowing other groups of unrelated individuals to live together in that area. • To take action against, or deny a permit, for a home because of the disability of individuals who live or would live there. An example would be denying a building permit for a home because it was intended to provide housing for persons with mental retardation. • To refuse to make reasonable accommodations in land use and zoning policies and procedures where such accommodations may be necessary to afford persons or groups of persons with disabilities an equal opportunity to use and enjoy housing. What constitutes a reasonable accommodation is a case-by-case determination. Not all requested modifications of rules or policies are reasonable. If a requested modification imposes an undue financial or administrative burden on a local government, or if a modification creates a fundamental alteration in a local government's land use and zoning scheme, it is not a "reasonable" accommodation. 1 Department Directive: DD-2017-03 Supersedes: DD-2015-05, DD-2014-02 & DD-2006-02 Effective: 8/14/17 Initiator: Darren Gerard - DG Director: Carol Johnson - CJ Maricopa County Planning & Development Department Department Directive PURPOSE: To ensure consistent treatment of zoning entitlement and construction permitting for group homes / group care facilities. REFERENCE: Arizona Revised Statutes, § 36-582A Maricopa County Zoning Ordinance (MCZO), Articles 501.2.4, 601.2.3, 702.2.5, 804.2.22, 1301.1.8; Maricopa County Local Additions and Addenda POLICY/PROCEDURE: The following types of group homes / group care facilities are permitted in unincorporated Maricopa County: [Refer to the Maricopa County Zoning Ordinance.] x A Residential Facility serving six or fewer persons with the development disabilities of autism, cerebral palsy, epilepsy or cognitive disability (antiquated ordinance language reads “mental retardation”) is considered the same as a Single-Family Residence per ARS § 36-582A. Such facility shall be permitted as a primary use in the Rural and Single-Family Residential zoning districts. x A Group Home serves ten or fewer minors/children, disabled (antiquated ordinance language reads “handicapped”) or elderly persons living together as a single housekeeping unit in a long term (at least one year), family-like environment in which staff persons provide on-site care for the residents. Such facility shall be permitted as a primary use in the Rural (MCZO, Art. 501.2.4), Single-Family Residential (MCZO, Art. 601.2.3) and Multi-Family Residential (MCZO, Art. 702.2.5) zoning districts with administrative approval of a Group Home Permit, a Land Use (LU) application. The patient residents must be non- adjudicated (meaning not actively on parole or probation and ordered by a Court to reside at an address). Elderly shall be considered to refer to patient residents of at least 55 years of age. Handicapped is defined in the MCZO, Chapter 2. For further clarification of “handicapped” the Department will refer to the meaning of “disabled” as set forth in the federal Fair Housing Act which speaks to a person being disabled if s/he has a physical or mental impairment that substantially limits one or more major life activities. To be substantially limited, the impairment must prevent or severely restrict the person from activities that are centrally important to most people’s lives, and it must be long term (at least one year). 2 x A Group Care Facility serves any other class of voluntary or court adjudicated residents, or more than ten minors/children, disabled (antiquated ordinance language reads “handicapped”) or elderly residents (MCZO, Art. 1301.1.8). These may be permitted in any zoning district with legislative approval of a Special Use Permit (SUP). These facilities are also permitted in the C-2 & C-3 commercial zoning districts where hospitals are permitted with administrative approval of a Plan of Development. Separate from the above types of zoning entitlement for group homes / group care facilities there is a required occupancy load for building construction: [Refer to the Maricopa County Local Additions and Addenda.] x R3 occupancy for 5 or fewer persons including patients, caretakers, residents, etc. x R4 occupancy for 6 – 10 persons including patients, caretakers, residents, etc. x Institution occupancy is for 11 or more persons including patients, caretakers, residents, etc. It is important to note that zoning entitlement may be approved for a facility to have a certain number of patient residents which is consistent with State licensing, but the building occupancy load will be for a greater number of persons based upon caregivers and other persons who may be residing/occupying the building. Any building to be permitted as a group home / group care facility with more than eleven (11) bedrooms must meet Institution occupancy requirements. Additional off-street parking may be required. Any group home / group care facility for ten or fewer patient residents and with ten or fewer bedrooms shall only be required to provide two (2) off-street parking spaces, the same as for a single-family residence. 501 North 44 th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 www.maricopa.gov/planning Group Home 10/30/19 MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT GROUP HOME SUBMITTAL FORMS INDEX APPLICATION INSTRUCTIONS & CHECKLIST INFORMATION REQUIRED FOR SUBMITTAL & PROCESS TIMEFRAME GROUP HOME LAND USE APPLICATION EXAMPLE OF A TYPICAL RESIDENTIAL SITE PLAN WHAT TO EXPECT AT THE ONE STOP SHOP Note: As of December 31, 2012, all Land Use applications are subject to ARS § 1605. - As of September 13, 2013 all Residential uses are excluded per ARS §11-1605 M.2 501 North 44 th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 www.maricopa.gov/planning Group Home 10/30/19 MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT APPLICATION INSTRUCTIONS & CHECKLIST Group Home is defined as “A dwelling unit shared as their primary residence by minors, handicapped or elderly persons, living together as a single housekeeping unit, in a long term, family-like environment in which staff persons provide on-site care, training, or support for the residents. Such homes or services provided therein shall be licensed by, certified by, approved by, registered with, funded by or through, or under contract with the State. (Group homes shall not include homes for the developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona Revised Statutes, §36-582.) The governing regulations that apply are: Maricopa County Zoning Ordinance, Chapter 5, Article 501.2.5 and Chapter 6, Article 601.2.4. A by-right group home shall not be more than 10 persons and shall comply with the governing regulations. Group Homes greater than 10 persons are subject to a Special Use Permit which is applied for under a different packet. The Group Home process consists of several applications through two Branches of Maricopa County Planning and Development and the State of Arizona. Initially, an applicant must obtain entitlement for the use through a Land Use application and then applicable building permits must be obtained. Please review the flow chart below. For questions, call the On Call Planner at 602-506-3301. 501 North 44 th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 www.maricopa.gov/planning Group Home 10/30/19 MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT GROUP HOME FLOW CHART Applications submitted to the Maricopa County Planning and Development Department shall include all of the exhibits, items and information listed in this checklist. An application will only be accepted by the Department when all of the items listed below are submitted, unless otherwise deemed unnecessary by staff. Applications determined to be incomplete shall not be processed by staff. Additional information, detail, and/or copies may be required after review by the assigned planner. The applicant must obtain a license from the State of Arizona prior to operation of the group home. DSB will sign applicable forms attesting compliance with all applicable local building codes and ordinances. Within 180 days, apply for all applicable building permit (BP) applications through the Development Services Branch (DSB) (The LU# must be on the BP applications). A home of 5 or fewer clients will require a permit for: A Compliance Inspection OR Residential Alteration The determination is based on the level of remodeling needed for residence. A home of 6 to 10 clients will require a permit for: A Residential Alteration Site and building plans will be needed as the home is required to have an automated fire suppression system and meet ADA requirements. Apply for and obtain approval of a Land Use (LU) Permit through the Planning Services Branch (PSB) The applicant shall provide a copy of the license to PSB prior to the Group Home commencing. Building Permits are issued and finalized with inspections through DSB as applicable. 501 North 44 th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 www.maricopa.gov/planning Group Home 10/30/19 MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT After it has been determined that the initial submittal is complete, the filing fee per Zoning Ordinance requirement is to be paid by the owner or owner’s authorized agent (checks should be made payable to “Maricopa County Planning and Development”). A receipt will then be issued and a case number assigned. As of September 13, 2013, the Land Use application process shall be subject ARS § 1605, a State statute that mandates establishment of timeframes to either approve or deny a “license” as defined by the statute. The full statute may be viewed at: http://www.azleg.gov/arstitle/ The statute sets up two types of review timeframes: Administrative and Substantive. The Board of Supervisors (BOS) through the P-30 Licensing Timeframes Ordinance has adopted a 25 day administrative timeframe and a 75 substantive timeframe for Land Use applications. An application related to a residential use is not subject to the statute. An application that is part of design build project may establish negotiated time process during the pre-application meeting. Administrative Review Period The statutes allow for multiple reviews during the administrative review period. Substantive Review Period Only one review is allowed for the substantive review period. The County can amend the substantive review comments to address legal requirements not identified on the original substantive review comments. The applicant can authorizes a 50% time increase. This authorization can be given at time of application or at any time during the process. After receipt of an application, the administrative review period begins and staff will review for administrative completeness. The applicant will receive a formal response from their assigned planner and may be required to submit additional information. Once administrative comments have been given to the applicant, the timeframe clock will stop and will resume upon resubmittal of the application materials. Once the application is deemed administratively complete, the planner will formally notify the applicant that the project has entered the substantive review period and technical comments will be given to the applicant within a reasonable timeframe. The substantive timeframe clock stops from receipt of comments until the applicant makes a formal resubmittal. 501 North 44 th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 www.maricopa.gov/planning Group Home 10/30/19 MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT At any time during the process, an applicant can check the status of their application by viewing the Citizens Access Portal on the Planning and Developments website: https://accela.maricopa.gov/CitizenAccessMCOSS/ The applicant’s assigned planner can also be utilized as a resource for checking application status. If at any time comments are given to the applicant, a notation will be made as to the administrative or substantive timeframe frame remaining which will not resume until a resubmittal is made. Note: It is very important to return the planner’s comment memo upon resubmittal so that the appropriate statutory timeframe can resume. Depending on the comments received, the application materials may need revisions. The owner or authorized agent must submit revised materials to the OSS. The applicant’s resubmittal must meet the County’s technical requirement or it will be denied. Additionally, an administrative decision of denial can be made if the Director finds that it is not possible to grant the application within the timeframe or the applicant has not provided additional or supplemental information within 180 days (not working days) of a written or electronic request for said information. Once staff is satisfied that technical requirements have been met, staff may approve or deny the request. At this time, the substantive timeframe clock will stop. After a decision has been made, a decision letter will be issued. The conditions of approval of this Group Home may be appealed to the Hearing Officer pursuant to ARS § 11-832. Provide request for appeal to the Hearing Officer Liaison at this address within 30 calendar days of the administrative/ministerial approval date to schedule an administrative hearing. Note: If an applicant has not made a resubmittal of application materials in either administrative or substantive review periods after six (6) months, the application will be closed due to inactivity. 501 North 44 th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 www.maricopa.gov/planning Group Home 10/30/19 MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT INFORMATION REQUIRED FOR SUBMITTAL 1. Application: completed and signed – 2 copies 2. Proof of ownership (recorded deed or unofficial copy) – 1 copy If applicable, lease agreement. If the subject property is part of a land lease, the Lease Agreement should include the terms of the lease, and the proposed use of the leased land. Additional information may be required after reviewing the Lease Agreement. 3. Site Plan – 2 copies (11”x17” or 8 1/2” x 14”) of the property, indicating the following: a) The site plan must be drawn to a recognizable scale, i.e. 1” = 20’. b) North arrow and scale (written and graphic scale) shown on plan. c) All property lines must be clearly shown and dimensions indicated. d) Location and dimensions of all existing and proposed structures (including fences, signs and pools) from property lines and distance between structures. e) Location and width of dedicated streets, recorded easements, (provide recording number) and patent easements on or adjacent to property (include names of streets if applicable). f) All existing and proposed structures must be shown and dimensioned on the site plan. 4. Floor Plan – 2 copies of the residence or building where the group home will be located. a) Identify the space to be used for the group home. b) Include the dimensions of the room and common areas. c) Identify all entries/exits. 5. Narrative Report – 2 copies, underlined wording indicates a section heading. a) Purpose of Request b) Description of proposal – Include number of residents, number of bedroom, number of staff, hours of operation. c) Relationship to surrounding properties d) Circulation system (on & off-site) – including any proposed improvements. e) Development Schedule f) Public Utilities and services (refuse, sewer, water, police, fire, etc.) 6. Photographs Submit photographs of the site, taken on all four corners of the property and looking inward to the property (minimum of four photographs). Please label each photograph with the view, direction and date. A site plan or key map may also be used in conjunction with the photographs with notations showing what direction the photograph faces and where it is taken. 501 North 44 th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 www.maricopa.gov/planning Group Home 10/30/19 MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT 7. Electronic copies of application materials saved as Adobe PDF files – 1 CD or jump drive. Example Narrative Report should be saved as NARR-RPTS-1.pdf Application Document Required Naming Convention for the Adobe PDF documents Completed Application APPL-FORM-1 Official recorded deed/unofficial deed DEED-DETL-1 Site Plan SITE-PLAN-1 Floor Plan FLOR-PLAN-1 Narrative Report NARR-RPTS-1 Photographs PHOT-DETL-1 8. Fees: Zoning Clearance (Residential) – $100 Addressing Review Fee of $10 to verify an existing address or $50 to assign an address (This fee is a separate fee but can be combined with the zoning clearance fee). Change to an application for a license in progress – $50 For an application to be added to an application for a license in progress – $50 To re-initiate application for a license administratively denied due to time (within 180 days) – $50 Appeal of administrative denial of a license due to time (within 30 days) – $150 PROCESS FLOW CHART & PROJECTED TIMEFRAME Approximate timeframe of 1 month Submittal of application at front counter (One Stop Shop) Application resubmittal – 1 review cycle Sign-Off received, staff will issue a decision letter Application to primary reviewing agencies including Planning and Addressing Review Comments or Sign-Off (approximately 2 weeks following resubmittal) 501 North 44 th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 www.maricopa.gov/planning Group Home Application 7/31/18 MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT GROUP HOME – LAND USE APPLICATION REQUEST Title of Project: Description of Request: Existing Use of Property: Existing Zoning District: Related Case Number: PROPERTY INFORMATION Address (if known): General Location (Include nearest city/town): Size in Acres: Square Feet: Legal Description Section: Township: Range: Assessor’s Parcel Number: OWNER’S AUTHORIZED AGENT INFORMATION Name: Contact: Address: City: State: Zip: Phone #: Fax #: E-mail Address: PROPERTY OWNER INFORMATION Name: Contact: Address: City: State: Zip: Phone #: Fax #: E-mail Address: PROPERTY OWNER AND OWNER’S AGENT AUTHORIZATION I (property owner) authorize (owner’s agent) ____________________________________ to file this application on all matters relating to this request with Maricopa County. By signing this form as the property owner I hereby agree to abide by any and all conditions that may be assigned by the Maricopa County Board of Supervisors, Maricopa County Planning and Zoning Commission, or Maricopa County Planning and Development Department staff as applicable, as part of any approval of this request, including conditions, development agreements, and/or any other requirement that may encumber or otherwise affect the use of my property. INSPECTIONS By submitting this application, I am inviting County staff to conduct all site inspections they deem necessary. PROPOSITION 207 WAIVER The property owner acknowledges that the approval being sought by this application may cause a reduction in the existing rights to use, divide, sell or possess the private property that is the subject of this application. The property owner further acknowledges that it is the property owner who has requested the action sought by the filing of this application. Therefore, pursuant to A.R.S.§12-1132 through 1138, the property owner does hereby waive any and all claims for diminution in value of the property with regard to any action taken by Maricopa County as result of the filing of this application. Property Owner Signature: Date: ____________________________________ VERIFICATION OF APPLICATION INFORMATION I certify that the statements in this application and support material are true. Any approvals or permits granted by Maricopa County in reliance upon the truthfulness of these statements may be revoked or rescinded. Property Owner Signature: Date: _________________________________ ARS § 1605 TIMEFRAME EXTENSION I authorize a 50% timeframe extension for the review of my application as adopted by the Board of Supervisors per ARS § 1605 and as amended. Property Owner Signature: Date: _________________________________ ALL FEES ARE DUE AT TIME OF APPLICATION AND ARE NON-REFUNDABLE 501 North 44 th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 www.maricopa.gov/planning Group Home 10/30/19 PLANNING & DEVELOPMENT DEPARTMENT EXAMPLE OF A TYPICAL RESIDENTIAL SITE PLAN SAMPLE ONLY (DRAWING SHOWN IS NOT TO SCALE). ADDITIONAL DETAILED PLANS MAY BE REQUIRED. 501 North 44 th Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301 www.maricopa.gov/planning Group Home 10/30/19 MARICOPA COUNTY PLANNING & DEVELOPMENT DEPARTMENT WHAT TO EXPECT AT THE ONE STOP SHOP Purpose: Provide customers with information about what to expect when submitting a group home application. This information sheet includes the application material checklist, fee schedule, and a three step process for application submittal. Location: Maricopa County Planning & Development Department 501 N. 44th Street, Suite 200 Phoenix, AZ 85008 Business Hours: 8:00 a.m. – 5:00 p.m. Monday through Friday, except holidays (to ensure adequate time for application submittal, projects should be submitted no later than 4:30 p.m.) STEP 1 - Reception: Proceed to the One Stop Shop Reception desk to obtain a call ticket for the application submittal. Provide the receptionist your name and specify the type of planning application. STEP 2 - Intake Counter: One Stop Shop customer service will call your ticket number and evaluate the application materials for completeness. Once the application materials are accepted a tracking number will be provided and staff will advise you to proceed to the cashier to process application payment. The following is a list of required application materials: Group Home Application Submittal Documents 2 copies – Land Use Application – completed & signed 1 copy – Recorded deed or unofficial copy is acceptable 2 copies – Site Plan 11” x 17” or 8 1/2” x 14” 2 copies – Floor plan 2 copies – Narrative 1 copy – Photographs 1 CD or jump drive with electronic copies of application materials NOTE: If any documentation is missing your application may not be accepted during the intake process, please be sure to follow this checklist STEP 3 - Cashier - Processing Payment: The cashier will call your ticket number, request your application tracking number, advise you of the total application fees and request your method of payment. Maricopa County accepts cash, check, or credit card. Please make checks payable to: MARICOPA COUNTY. Please note that proper payment in full, based upon the following fee schedule, is required at the time of application: Group Home Application Fee Schedule Zoning Clearance Residential $100 Addressing $10 verify existing address or $50 assign address MARICOPA COUNTY ZONING ORDINANCE Chapter 2 - Definitions Chapter 2 - Page 1 SECTION 201. DEFINITIONS*1 For the purpose of this Ordinance, certain words are hereby defined: ACCESSORY BUILDING: A building or manufactured/mobile home which is subordinate to, and the use of which is incidental to, that of the principal building or use on the same lot.*46 ADULT ORIENTED FACILITIES: Any use of land or building/structure subject to the Maricopa County Ordinance for Adult Oriented Businesses and Adult Service Providers.*58 AIRPORT: A landing area used regularly by aircraft for receiving or discharging passengers or cargo. 1. Helipad: An area on a heliport established for the landing or takeoff of helicopters. 2. Heliport: A landing area solely for the use of helicopters. A heliport may include more than one helipad. 3. Landing Area: Any locality, either land or water, including airports and landing fields, which is used or intended to be used for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing or repair of aircraft or for receiving or discharging passengers or cargo. 4. Landing Area Boundary: The outer limit of the land or water of a landing area. ADJUDICATED PERSON: A person who is actively on parole or probation and ordered by court or regulatory agency to reside at a specific address. Two or more such persons (who are not spouses or minor children related by blood or adoption) at the same address shall be considered a Group Care Facility.*56 ALLEY: A passage or way open to public travel which affords generally a secondary means of vehicular access to abutting lots and is not intended for general traffic circulation. MARICOPA COUNTY ZONING ORDINANCE Chapter 2 - Definitions Chapter 2 - Page 10 EROSION: The wearing away of the ground surface as a result of the movement of wind, water, ice and other geologic agents.*46 FALL PROTECTION: A barrier constructed of metal pipe rail or wooden rail, metal view fence, or transparent sheeting used for the purpose of preventing a human being from falling from an elevated surface.*48 FAMILY: An individual or two (2) or more persons related by blood, marriage, or adoption, and usual servants, living together as a single housekeeping unit in a dwelling unit, or 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. (This definition shall also include homes for the developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona Revised Statutes, §36-582.)*56 FARM: An area which is used for the commercial production of farm crops such as vegetables, fruit trees, cotton, grain and other crops and their storage on the area, as well as the raising thereon of farm poultry and farm animals, such as horses, cattle, sheep and swine for commercial purposes. The term "farm" includes the operating of such an area for one or more of the above uses, including dairy farms, with the necessary accessory uses for treating or storing the produce, provided that the operation of any such accessory use is secondary to that of the farm activities, and provided further that the farm activities do not include commercial pen feeding or commercial feed lots or the commercial feeding of garbage or offal to swine or other animals.*46 FEED LOT, COMMERCIAL: A livestock feeding or handling facility operated for the purpose of accommodating the needs of others in whole or in part for a fee or fees paid to the operator or owners for the accommo- dations, materials and services received. FENCE: A vertical, linear, unroofed structure, usually constructed of wire, posts, boards, or rails, used for the purpose of delineating a boundary or functioning as a barrier.*48 MARICOPA COUNTY ZONING ORDINANCE Chapter 2 - Definitions Chapter 2 - Page 12 GRADE: The lowest point of elevation of the surface of the ground, paving or sidewalk at any point adjacent to a structure or fence/wall. For purposes of calculating structure, building or fence/wall heights, existing established grade shall be utilized on subdivision land and natural, undisturbed grade shall be utilized on unsubdivided land.*16 GROUP CARE FACILITY: A dwelling unit shared by any class of patient residents under supervised care who do not qualify as a Group Home.*56 GROUP HOME: A dwelling unit shared as their primary residence by minors, handicapped or elderly persons, living together as a single housekeeping unit, in a long term, family-like environment in which staff persons provide on-site care, training, or support for the residents. Such homes or services provided therein shall be licensed by, certified by, approved by, registered with, funded by or through, or under contract with the State. (Group homes shall not include homes for the developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona Revised Statutes, §36-582.)*23, *56 GUEST: Any transient person who rents or occupies a room for sleeping purposes. GUEST HOUSE: A habitable space within a separate structure on the same lot as the primary dwelling unit used to house family or guests without compensation.*39 GUEST RANCH: A building or group of buildings containing two or more guest rooms, other than a boarding house, hotel or motel, and including outdoor recreational facilities such as, but not limited to, horseback riding, swimming, tennis courts, shuffleboard courts, barbecue and picnic facilities, and dining facilities intended for the use primarily by guests of the guest ranch, but not including bars and restaurants which cater primarily to other than guests of the guest ranch. GUEST ROOM: A room which is designed for occupancy by one or more guests for sleeping purposes, but having no cooking facilities and not including dormitories. MARICOPA COUNTY ZONING ORDINANCE Chapter 2 - Definitions Chapter 2 - Page 13 HANDICAPPED: A person who: 1) Has a physical or mental impairment which substantially limits one or more of such person's major life activities. 2) Has a record of having impairment. However, "Handicapped" shall not include current illegal use of or addiction to a controlled substance (as defined in § 102 of the Controlled Substance Act [21 United States Code 802]).*23 HILLSIDE DISTRICT That area within the defined as County hillside in the Maricopa County Zoning Ordinance.*46 HILLSIDE LOT OR PARCEL: A lot or parcel of land which is required to comply with Maricopa County Zoning Ordinance, Chapter 12, Section 1201, Hillside Development Standards.*32 HOME DAYCARE: The care, supervision and guidance of a child or children, unaccompanied by a parent, guardian or custodian, on a regular basis, for periods of less than twenty-four hours per day, in a place other than the child’s or the children’s own home or homes.*44 HOME OCCUPATION, RESIDENTIAL: An accessory use of a property that involves limited manufacture, provision, or sale of goods and/or services, as outlined in the Use Regulations of the Rural and Single Family Residential Zoning Districts. This use may be administratively approved subject to conditions.*57 HOME OCCUPATION, COTTAGE INDUSTRY: An accessory use of a property that involves manufacture, provision or sale of goods and/or services. This is a use that does not meet the conditions of Residential Home Occupation and this requires legislative approval of a Special Use Permit by the Board of Supervisors.*57 HOSPITAL: An institution for the diagnosis, treatment, or other care of human ailments. The term hospital is deemed to include sanitarium, preventorium, clinic, rest home, nursing home, convalescent home and maternity home. MARICOPA COUNTY ZONING ORDINANCE Chapter 5 – Rural Zoning Districts Chapter 5 - Page 1 SECTION 501. RURAL-190 (Rural Zoning District - 190,000 Square Feet Per Dwelling Unit) ARTICLE 501.1. PURPOSE: The principal purpose of this zoning district is to conserve and protect farms and other open land uses, foster orderly growth in rural areas, prevent urban and agricultural land use conflicts, and encourage sustainable development. The primary purpose of requiring large minimum lots of not less than 190,000 square feet in area is to discourage small lot or residential subdivisions where public facilities such as water, sewage disposal, parks and playgrounds, and governmental services such as police and fire protection are not available or could not reasonably be made available. Principal uses permitted in this zoning district include both farm and non-farm residential uses, farms, and recreational and institutional uses.*26 ARTICLE 501.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. One single-family dwelling per lot of record.*5 2. Churches and houses of worship, including accessory columbariums provided that the building area of the columbarium shall not exceed 10% of the total building area of the church building(s).*8, *39 3. Gardens, community gardens and farms, as defined in Chapter 2.*37 4. Group homes for not more than ten persons, subject to the following performance criteria:*11, *16 a. Dispersal: No such home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another such group home. b. If licensing is required by the State of Arizona, for the use, proof of such licensure shall be available to the Department of Planning and Development prior to the use being established. c. Residents shall not be adjudicated.*39 5. Schools, elementary and high.*19, *27, *39 MARICOPA COUNTY ZONING ORDINANCE Chapter 6 – Single Family Residential Zoning Districts Chapter 6 - Page 1 SECTION 601. R1-35 (Single-Family Residential Zoning District - 35,000 Square Feet Per Dwelling Unit) ARTICLE 601.1. PURPOSE: The principal purpose of this zoning district is to conserve, protect, and encourage sustainable single-family residential development where minimum lots of not less than 35,000 square feet in area are suitable and appropriate taking into consideration existing conditions, including present use of land, present lot sizes, future land use needs, and the availability of public utilities. Principal uses permitted in this zoning district include single-family dwellings, churches, schools, parks, playgrounds and other community facilities. *25 ARTICLE 601.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 1. One single-family dwelling per lot of record.*6 2. Churches and houses of worship, including accessory columbaria provided that the building area of the columbarium shall not exceed 10% of the total building area of the church building(s). *9, *25 3. Group homes for not more than ten persons, subject to the following performance criteria: *13, *18, a. Dispersal: No such home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another such group home. b. If licensing is required by the State of Arizona for the use, proof of such licensure shall be available to the Department of Planning and Development prior to the use being established. c. Residents shall not be adjudicated. *42 4. Schools, elementary and high. *21, *26, *42 5. Service to the public of water, gas, electricity, telephone and cable television. The foregoing shall be deemed to include without limitation, distribution, collector and feeder lines, pumping or booster stations along pipelines, and substations along electric transmission lines. (This does not include public utility treatment and generation plants.)*6, *26, *42 MARICOPA COUNTY ZONING ORDINANCE Chapter 7 – Multiple Family Residential Zoning Districts Chapter 7 - Page 3 4. Lot Coverage: The maximum lot coverage shall be 60% of the lot area.*9 ARTICLE 701.6. PARKING REGULATIONS: The parking regulations are as provided in Chapter 11, Section 1102. ARTICLE 701.7. SIGN REGULATIONS: The sign regulations are as provided in Chapter 14, Section 1403. ARTICLE 701.8. OUTDOOR LIGHTING: Any outdoor lighting used shall conform to the standards as provided in Chapter 11, Section 1112. ARTICLE 701.9. ADDITIONAL REGULATIONS:*4 1. All two-family or multi-family residential development in the R-2 Zoning District shall be subject to a plan of development approval as set forth in the provisions of this Ordinance. 2. Two-family or multi-family uses, which were developed prior to September 22, 2008 shall be exempt from the Plan of Development process; provided, however, that in the event all two-family or multi- family structures located on the property are removed or destroyed in excess of 75% of value, the property shall, without regard to the original date of development, require a Plan of Development.*5 Date of Revisions *1 Revised 2-4-85 *6 Effective 11-19-10 – TA2009014 *2 Revised 4-1-85 *7 Effective 3-16-11 – TA2010022 *3 Effective 8-6-99 *8 Effective 10-19-11 – TA2011013 *4 Effective 9-22-08 – TA2007016 *9 Approved 10-8-14 – TA2014002 *5 Effective 1-16-09 – TA2008008 SECTION 702. R-3 (Multiple-Family Residential Zoning District), R-4 (Multiple-Family Residential Zoning District) & R-5 (Multiple-Family Residential Zoning District)*2 ARTICLE 702.1. Purpose: The principal purpose of these zoning districts are to provide for multiple-family residential developments in locations which are suitable and appropriate taking into consideration existing conditions, sustainable development practices, and including present use of land, future land use needs, and the availability of public utilities. The minimum lot area required for each dwelling unit in each of the districts is as follows: 3,000 square feet for R-3; 2,000 square feet for R-4; and 1,000 square feet for MARICOPA COUNTY ZONING ORDINANCE Chapter 7 – Multiple Family Residential Zoning Districts Chapter 7 - Page 4 R-5. Principal uses permitted in these zoning districts include two-family dwellings, multiple-family dwellings, dormitories and the uses permitted in the single-family residential zoning district.*9, *14 ARTICLE 702.2. Use Regulations: A building or premises shall be used only for the following purposes:*14 1. Any use permitted in the R-2 Zoning District, subject to all the regulations specified in the use regulations for such R-2 Zoning District unless the use is otherwise regulated in this Section. 2. Two-family dwellings 3. Multiple-family dwellings 4. Dormitories*14 5. Group homes for not more than ten persons subject to the following performance criteria:*4, *5 a. If licensing is required by the State of Arizona for the use, proof of such licensure shall be available to the Department of Planning and Development prior to the use being established. b. Residents shall not be adjudicated.*14 6. Any use permitted in the C-1 Neighborhood Commercial Zoning District may be located in the R-5 Multi-Family Residential Zoning District.*13 7. Mobile Home Parks subject to the standards outline in Section 1203 of this Ordinance may be located in the R-5 Multi-Family Residential Zoning District.*13 8. Accessory buildings and uses customarily incidental to the above uses including: a. Private tennis courts provided that such courts are not constructed within 20 feet of any adjoining property under other ownership and provided that tennis court fences or walls shall not exceed 12 feet in height and further provided that any lights for the tennis courts shall be subject to a use permit and shall be placed so as to not direct or reflect light upon adjoining land, and subject lights shall be in conformance with MARICOPA COUNTY ZONING ORDINANCE Chapter 13 – Use Regulations Chapter 13 - Page 1 SECTION 1301. SPECIAL USES ARTICLE 1301.1. SPECIAL USES:*2,*37,*40,*42 The Board of Supervisors may permit as a Special Use any of the following uses in any zoning district unless otherwise specified in this Section: 1301.1.1. Agriculturally oriented operations and facilities such as but not limited to:*3, *16 *42 1. Cotton gins, but not including the manufacturing or processing of by-products. 2. Storage, mixing and/or blending, sale and distribution of agricultural chemicals, but not the manufacturer thereof. 3. Custom meat processing plants including slaughtering, butchering and temporary storage of products, but not including rendering or refining of by-products, storage of offal, tanning or storage of hides, wholesale or retail sales. 4. Storage and maintenance of specialized machinery and equipment used specifically in agriculture or rural areas. 5. Commercial aquaculture facilities to include breeding and holding lakes and ponds. 6. Non-agricultural operations of facilities which were established for and which continue to be operated primarily for agricultural uses. *16 1301.1.2. Runways/airstrips, helipads/heliports and other landing areas provided that the OFZ or RPZ as defined in Chapter 11, Section 1111, Article 1111.3. should be located entirely on the same lot or parcel as the runway or landing strip. In any instance where any portion of the OFZ or RPZ of a runway or landing strip extends beyond the lot or parcel of property containing the runway or landing strip, written consent or aviation easements must be obtained from all property owners in which the OFZ or RPZ may wholly or partially lie.*26, *42 1301.1.3. Cemeteries, including pet cemeteries and mausoleums, including accessory uses such as mortuaries. 1301.1.4. Development of earth products, clay, coal, gas, gravel, minerals, sand, stone and topsoil. *42 1301.1.5. Experimental and proving grounds. MARICOPA COUNTY ZONING ORDINANCE Chapter 13 – Use Regulations Chapter 13 - Page 2 1301.1.6 Feed lots, commercial. 1301.1.7. Feed stores. 1301.1.8. Group care facilities and hospitals and institutions of an educational, religious, charitable or philanthropic nature, homes for the aged, nursing homes, convalescent homes and group homes of more than ten residents for the handicapped and adult care, and other group care facilities including for adjudicated residents. *11, *13, *42 1301.1.9. Guest ranches, bed and breakfast establishments, resorts.*42 1301.1.10. Kennels. 1301.1.11. Land use involving large assemblage of people.*42 1301.1.12. Plant nurseries, which are herewith defined as establishments where trees, shrubs, flowers and other plants are grown on or brought to the premises and maintained there for the purposes of sale from said premises. Such other additional products shall be permitted to be sold from the premises as are customarily incidental to the operation of a plant nursery. 1301.1.13. Recreational open-air facilities, including but not limited to lakes, swimming pools and tennis courts. (This does not include personal recreation on private property.)*42 1301.1.14. Public riding and boarding stables, subject to the following requirements: *27 1. Buildings housing animals shall be setback from all property lines a distance of not less than 100 feet. 2. There shall be no variance or waiver from this requirement except by unanimous vote of all members of the Board of Supervisors. 1301.1.15. Commercial storage, or impoundment (not to include salvage operations, dismantling or sale of parts) of automobiles, motor vehicles, mobile homes, manufactured homes, travel trailers, recreation vehicles, boats and aircraft on sites of not less than one acre. *28, *29 1301.1.16. Primary or accessory commercial television, microwave and radio transmitter, receiving stations and towers and dishes, including earth stations. 1301.1.17. Travel trailer or recreation vehicle (RV) parks provided that:**13