ZTA21-01 Proposal

City of Glendale — Regular Meeting (2021-03-18)

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City of Glendale ● 5850 West Glendale Avenue, Suite 212, Glendale, Arizona 85301-2599 ● (623) 930-2800 
Development Service 
Department-Planning 
Memorandum 
 
The proposed verbiage for the text amendment reads as follow: 
 
That the Zoning Ordinance of the City of Glendale, Arizona, Article 7, Section 7.502 is 
hereby amended to read as follows: 
 
 
7.502 - Group Homes.  
A RESIDENTIAL HOME OR BUILDING(S) FOR 6 OR MORE UNRELATED 
INDIVIDUALS PROVIDING LIVING FACILITIES AND SLEEPING ROOMS AND 
WHICH ALSO PROVIDES LIMITED SERVICES, SUCH AS, BUT NOT LIMITED TO 
MEALS, SERVICES TO PROMOTE EMOTIONAL SUPPORT, LIFE SKILLS 
DEVELOPMENT AND /OR EMPLOYMENT TRAINING.  Adult Care Homes, Juvenile 
Group Homes, Group Homes for the Disabled, and Supervisory Care Facilities (for 
purposes of this Section 7.502, such uses are collectively referred to as ("Group 
Homes") shall be permitted, provided that: 
  
A. 
No Group Home is located on a lot within one thousand three hundred twenty 
(1,320) feet, measured by a straight line in any direction, from the lot line of another 
Group Home, unless a disability accommodation is authorized under this section:  
1. Disability Accommodation 
a. 
A disability accommodation from a development standard or separation 
requirement shall not be authorized unless the Board of Adjustment shall find upon 
sufficient evidence all of the following: 
i. 
The requested accommodation is requested by or on the behalf of one (1) or 
more individuals with a disability protected under federal and Arizona fair housing laws 
(42 U.S.C. § 3600 et seq. and A.R.S. § 41-1491 et seq.); 
ii. 
The requested accommodation is necessary to afford an individual with a 
disability equal opportunity to use and enjoy a dwelling;  
iii. 
The standard or requirement unduly restricts the opportunity for a person with a 
disability from finding adequate housing within the City of Glendale;  
iv. 
The requested accommodation does not fundamentally alter the nature and 
purpose of the Zoning Ordinance of the City of Glendale;  
v. 
The requested accommodation will not impose an undue financial or 
administrative burden on the City, as "undue financial or administrative burden" is 
defined in federal and OR Arizona fair housing laws (42 U.S.C. § 3600 et seq. and 
A.R.S. § 41-1491 et seq.) and interpretive case law;

City of Glendale ● 5850 West Glendale Avenue, Suite 212, Glendale, Arizona 85301-2599 ● (623) 930-2800 
b. 
The profitability or financial hardship of the owner/service provider of a facility 
shall not be considered in determining whether to grant a disability accommodation. 
c. 
The requested accommodation must comply with all applicable building and fire 
codes. 
d. 
The requested accommodation must not, under the specific facts of the 
application, result in a direct threat to the health or safety of other individuals or 
substantial physical damage to the property of others. 
e. 
The requested accommodation shall require submittal of an application, including 
the required fee, as published in the fee schedule, and comply with all public notification 
requirements. THE REQUESTED ACCOMMODATION SHALL BE MADE IN ANY 
FORM.  HOWEVER, UPON RECEIPT, THE CITY MAY REQUIRE THE REQUESTOR 
TO COMPLY WITH THE PROCEDURES ORDINARILY FOLLOWED, INCLUDING 
THE SUBMITTAL OF AN APPLICATION, INCLUDING THE REQUIRED FEE, AS 
PUBLISHED IN THE FEE SCHEDULE, AND COMPLY WITH ALL PUBLIC 
NOTIFICATION REQUIREMENTS. 
B. 
Where legally required, the Group Home is licensed by, certified by, approved by, 
registered with, or under contract with a Federal, State, or local government and 
evidence of such is provided to the Planning Department within sixty (60) days of 
approval of the Planning Department;  
C. 
No exterior change which would alter its residential character shall be made to 
the exterior of the building(s) and the grounds;  
D. 
The location of the Group Home has been approved by the Planning 
Department; and  
E. 
An administrative record of each Group Home shall be maintained with the 
Planning Department.