Extracted text (via pymupdf)
36590 characters
Planning and Development Department
DATE:
February 9, 2022
TO:
Board of Supervisors
FROM:
Adam Cannon, AICP, Planner
SUBJECT:
Agenda Item #6 - TA2020001 – Group Homes Text Amendment
C-44-22-116-X-00
Since the publishing of the BOS Report for the above case, Staff made a slight refinement
to the proposed language presented in the report. Shown below is the amended
language in leg-edit format based on current ordinance language. New language is
underscored. Deleted language is struck-through. Changes made since the Commission
recommendation are in green font. The slight refinement since the published staff report
is highlighted in yellow.
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
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
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:
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.
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
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.
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.
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
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.
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).
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
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)
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
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)
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.
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
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 spacing distance, to allow a community
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
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, group care facility 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, group care facility 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:
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
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.
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:
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
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.
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
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
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 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:
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
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
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
301 W. Jefferson St., Suite 170 Phoenix, AZ 85003 (602) 506-3301 (602) 506-3711 fax
Internet: www.maricopa.gov/planning
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
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.
Attachment:
N/A