(A) Resident care homes, group care homes, and assisted living centers are subject to the following criteria (unless permitted by A.R.S. § 36-582(A)):
(1) The location of a resident care home, group care home, or assisted living center shall be approved by the Development Services Department subject to any additional requirements as defined in § 154.052;
(2) A resident care home, group care home or assisted living center shall not be located within 1,200 feet, measured by a straight line from lot line to lot line, of another resident care home, group care home or assisted living center.
(3) All buildings and premises shall be maintained in a clean, well-kept condition that is consistent in materials and design style with homes in the surrounding or adjacent neighborhood.
(4) No exterior change which would alter its residential character shall be made to the exterior of the building(s) and the grounds;
(5) Where legally required, the resident care home, group care home or assisted living center shall be licensed by, certified by, approved by, registered with, or under contract with a federal, state, or local government and evidence of such shall be provided to the Development Services Department within 60 days of approval of the Planning Department;
(B) An administrative record of each resident care home, group care home, and assisted living center shall be maintained with the Development Services Department.
(C) Disability accommodation: An applicant may request a disability accommodation from the above criteria or a development standard pursuant to § 154.053 of this zoning ordinance if the requirement prohibits a resident care home or assisted living center subject to the following:
(1) 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:
(a) The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under federal and state fair housing laws (42 U.S.C. §§ 3600 et seq. and A.R.S. §§ 41-1491 et seq.);
(b) The requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy a dwelling;
(c) The standard or requirement unduly restricts the opportunity for a person with a disability from finding adequate housing within the city;
(d) The requested accommodation does not fundamentally alter the nature and purpose of the zoning ordinance of the city;
(e) 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 or state fair housing laws (42 U.S.C. §§ 3600 et seq. and A.R.S. §§ 41-1491 et seq.) and interpretive case law;
(2) 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.
(3) The requested accommodation must comply with all applicable building and fire codes.
(4) 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.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)