A. The purpose of these regulations is to permit persons with disabilities to reside in single-family residential neighborhoods in compliance with the Fair Housing Act, while preserving the residential character of the neighborhood.
B. All transitional housing locations shall obtain and maintain a town business license in compliance with Chapter 9-2 of this code.
C. All transitional housing locations shall comply with the following standards:
1. The number of residents at a transitional housing location, excluding staff, shall not exceed five.
2. No transitional housing location shall house any person whose tenancy would constitute a direct threat to the health or safety of other individuals or result in substantial physical damage to the property of others.
3. A transitional housing location shall not be located on a lot that is within 1,200 feet, measured by a straight line in any direction, from the lot line of another transitional housing location.
4. Transitional housing locations shall have no identification from a public street by signage, graphics, display, or other visual means.
5. Transitional housing locations shall be in compliance with all applicable town codes, including building codes, fire safety regulations, zoning, and subdivision codes. If a transitional housing location has one or more non-ambulatory residents, building code requirements in addition to those applicable to locations with no non-ambulatory residents shall apply.
6. Any parking for a transitional housing location shall be maintained on-site and comply with requirements set forth Chapter 17-9 of this code.
7. Transitional housing locations shall comply with any applicable licensing requirements.
a. If a transitional housing location is required by Arizona law to obtain and maintain a state license, the transitional housing location shall provide a copy of that license and all renewals to the town for record-keeping purposes within ten days of receipt by the operator of the transitional housing location.
b. If a transitional housing location is not required by Arizona law to obtain and maintain a state license, the transitional housing location shall obtain and maintain either a certification by the Arizona recovery housing association or a permanent Oxford House charter, and shall provide a copy of the certification or charter to the town for record-keeping purposes within ten days of receipt by the operator of the transitional housing location.
c. If a required state license, Arizona recovery housing association certification, or Oxford House charter is suspended or revoked, the operator of the transitional housing location shall notify the town's license inspector within five business days of the suspension or revocation.
8. The exterior of the dwelling and yards shall be kept in a condition that is consistent with requirements set forth in Title 18 of this code.
9. All administrative activities, including staffing, counseling, and other visitations, shall serve only the residents of the transitional housing. No group staff training with staff from other locations is permitted.
10. Large or multiple trash receptacles not usually found in the residential area where the transitional housing is located shall be blocked from public view.
11. If a transitional housing location ceases operation, the operator shall notify the development services department within 30 calendar days of the cessation.
12. Any applicable requirements or provisions of state law, including but not limited to any applicable requirements set forth in Title 36 of the Arizona revised statutes, shall apply in addition to the provisions set forth in this section. To the extent that applicable state law conflicts with the provisions of this section, state laws shall preempt any conflicting provision, but shall not affect the remaining provisions of this section.
D. Reasonable Accommodation Waiver.
1. The purpose of this paragraph is to establish a procedure for persons with a disability to make a request for reasonable accommodation in the application of the town's zoning rules, policies, practices and procedures pursuant to Section 3604(f)(3)(b) of Title 42 of the Fair Housing Act, as it may be amended, which prohibits local government from refusing to make reasonable accommodations when these accommodations are necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling.
2. A request for a reasonable accommodation waiver must be in writing and filed with the zoning administrator. In all cases, the zoning administrator, or designee, shall make findings of fact in support of his or her determination and shall render a decision in writing.
3. The zoning administrator shall engage in an interactive process in considering the reasonable accommodation waiver request. The zoning administrator may meet with the person making the request for additional information, to discuss possible alternative accommodations, or to ascertain or clarify information sufficiently to make the required findings.
4. To grant a reasonable accommodation waiver, the zoning administrator must affirmatively find all of the following:
a. The requesting party or future occupants of the housing for which the reasonable accommodation has been made are protected under the Fair Housing Act and the Americans with Disabilities Act;
b. The requested accommodation is reasonable and necessary to afford an individual with a disability an equal opportunity to use and enjoy a dwelling;
c. The requested accommodation will be in compliance with all applicable building and fire codes;
d. The requested accommodation will allow for the maintenance and preservation of the residential characteristics of the neighborhood and will not create a substantial detriment to neighboring properties by creating traffic impacts, parking impacts, impacts on water or sewer system, or other similar adverse impacts; and
e. The requested accommodation will not impose an undue financial or administrative burden on the town, as "undue financial or administrative burden'' is defined in federal or Arizona fair housing laws and interpretive case law.
5. Profitability or financial hardship of the owner/operator of a facility shall not be considered by the zoning administrator in determining whether to grant a reasonable accommodation waiver.
6. A person requesting a reasonable accommodation waiver may request review of the decision of the zoning administrator by submitting a written request for review to the zoning administrator within ten calendar days of receipt of the zoning administrator's determination.
a. A review hearing shall be scheduled within 30 calendar days of the zoning administrator's receipt of the request.
b. A hearing officer appointed by the town manager shall conduct the hearing.
c. The hearing shall be conducted in an informal manner and the rules of evidence shall not apply.
d. The decision of the hearing officer is final and not subject to any further administrative review.
Ordinance 2023.032 added Section 17-6-12