HomeMy WebLinkAboutOrd. 24-05ORDINANCE NO. 24-05
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN
HILLS ZONING ORDNANCE BY AMENDING 5.13, COMMUNITY
RESIDENCES, TO PROVIDE FOR RE -INSPECTIONS
ENACTMENTS:
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That Chapter 5, General Provisions, Section 5.13 B, C and E are hereby amended
as follows:
B. Application Requirements
11. OWNER AND/OR OPERATOR RReceives a Town business license, if applicablo.
C. Registration
1. Registration of a community residence with the Town is required prior to beginning operation.
An approved registration is valid for one (1) year from date administratively issued.
2. Following receipt of a complete application for registration, the property will be inspected by the
Building Official and Fire Marshal for compliance with all life safety requirements. Any identified
deficiencies must be addressed and compliance verified through a follow-up inspection before the
registration will be completed. UNANNOUNCED FOLLOW-UP INSPECTIONS MAY BE
CONDUCTED UPON A REASONABLE BELIEF OF NON-COMPLIANCE.
3. All required documents listed in subsection B of this section will be reviewed. Any required
corrections or clarifications must be submitted to complete the registration process.
4. When all registration requirements have been met, the Development Services Director will
administratively complete the Town's registration process.
5. If all other requirements of this section are met, the Development Services Director may issue
a conditional registration for up to ninety (90) days while the applicant applies for and receives:
a. The license or certificate as required by subsection (B)(1) of this section;
b. The Maricopa tax verification required by subsection (B)(8) of this section; and
c. A Town business license, if applicable.
The applicant may not occupy the residence until these items are received by the Town. If one (1)
or more of these items are not received by the Town within ninety (90) days, or is not approved,
the registration of the property will be rescinded. Should the license or certificate become revoked
for any reason, the community residence operator will have forty-five (45) days to vacate the
property.
6. Reregistration. The community residence operator must register annually by submitting a new
application with any updated documents. The registration can be renewed if the following are met:
a. The home has maintained a current license or certificate.
b. The home or operator has maintained a current Town business license, if applicable.
c. Reinspection of the property has verified ongoing compliance with:
I. Ltife safety standards;. -
II. OCCUPANCY LIMITS; AND,
dill. Tthe policies and procedures established in
subsection (B)(5) of this section.
eD. Verification of the current, appropriate Maricopa County tax status.
E. Waiver FOR REASONABLE ACCOMMODATION. To establish a community residence that
does not comply with the occupancy or separation requirements, the applicant may apply to the
Development Services Department for a waiver FOR REASONABLE ACCOMMODATION. In all
cases the Development Services Director shall submit the request FORte the waiver to the
Community Residence Waiver Committee to make findings of fact in support of the determinations
and shall render the decision in writing. The application will initially be reviewed by the Development
Services Director for completeness. The Director may meet with and interview the applicant to
request additional supporting information to determine the necessity of the accommodation and to
ascertain or clarify information sufficient for the Committee to make the required findings.
1. To grant a waiver, the Committee shall find affirmatively all of the following standards:
a. The applicant demonstrates through documentation and evidence that the proposed
community residence can and will emulate a biological family and function as a residential use
rather than an institutional or other nonresidential use.
b. The applicant demonstrates through documentation and evidence that the proposed
community residence needs to house more than EIGHTten (81-0) residents IN A FAMILY
COMMUNITY RESIDENCE OR SIX (6) RESIDENTS IN A TRANSITIONAL COMMUNITY
RESIDENCE or reduce the separation .
SECTION 2. In accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the laws
of the State of Arizona, the City/Town Council has considered the individual property rights and
personal liberties of the residents of the City/Town and the probable impact of the proposed
ordinance on the cost to construct housing for sale or rent before adopting this ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa
County, Arizona, this 7th day of May 2024.
FOR THE TOWN OF FOUNTAIN HILLS:
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Gin y, ay
REVIEWED BY:
ATTESTED TO:
Li da Mendenhall, Town Clerk
APPROVED AS TO FORM:
Rachael Goodwin, own Manager Aaron D. Arnson, Town Attorney