(A) Purpose. The purpose of these regulations is to permit handicapped persons to reside in single- family residential neighborhoods in compliance with the Fair Housing Act, while preserving the residential character of the neighborhood.
(B) Zoning confirmation. Prior to registration, a request for zoning confirmation may be submitted to the Town Manager or designee to confirm that the proposed location of the group home is permitted under this section.
(C) Standards. Group homes for the handicapped shall be located, developed and operated in compliance with the following standards.
(1) Separation. The minimum separation between group homes shall be 1,200 feet, as measured from the closest property lines. No separation is required when group homes are separated by a utility right-of-way of at least 300 feet in width, or by a freeway, arterial street, canal or railroad.
(2) Occupancy. The number of residents, excluding staff, shall not exceed ten.
(3) Exterior appearance. There shall be no sign or other exterior indication of a group home visible from a street.
(4) Compliance with all applicable building and fire safety regulations. If a group home has one or more non-ambulatory residents, Building Code requirements in addition to those applicable to group homes with no non-ambulatory residents, shall apply.
(5) Licensing. Group homes shall comply with applicable licensing requirements.
(6) Parking. Any parking for the group home shall be on site.
(7) Tenancy. No group home shall house any person whose tenancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others.
(D) Additional requirements of state law. Notwithstanding the foregoing, if the state has adopted laws or rules for the regulation of a specific type of home, such as a group home for the developmentally disabled pursuant to A.R.S. § 36-582 or an assisted living home pursuant to A.R.S. Title 36, Ch. 4, then any such state law or rule shall apply in addition to the conditions listed herein and shall preempt any conflicting condition listed herein.
(E) Request for accommodation.
(1) If a group home owner believes any requirement of the zoning code prevents the establishment of a group home in an economically viable manner, the owner shall submit a written request for accommodation and the reasons why the accommodation is required. The written request shall contain sufficient facts to allow an individualized determination of the group home’s needs, to address safety and welfare concerns and to assure compliance with this section. Town staff shall review the written request and determine:
(a) Whether an accommodation should be made pursuant to the requirements of the Fair Housing Act; and
(b) If so, the nature of the accommodation taking into consideration the requirements of the Fair Housing Act, public safety and welfare concerns, and the residential character of the neighborhood.
(2) The accommodation shall be made only to the extent necessary to comply with the Fair Housing Act.
(Ord. 2012-04, passed 12-5-2012)