HomeMy WebLinkAboutResolution 2023-098 Declaring as a Public Record Amendments Adopted by Ordinance No. 2023-032 MARANA RESOLUTION NO. 2023-098
RELATING TO LAND DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED
WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE
NO. 2023.032, REVISIONS TO MARANA TOWN CODE (MTC) TITLE 17 "LAND
DEVELOPMENT"; REVISING MTC SECTION 17-1-6 (DEFINITIONS), TO REVISE
DEFINITIONS FOR "SINGLE-FAMILY DWELLING" AND "TRANSITIONAL
HOUSING"; REVISING MTC SECTION 17-4-2 (USE MATRIX) TO REVISE THE
PERMISSIVENESS OF TRANSITIONAL HOUSING USES IN SEVERAL ZONING
DISTRICTS FROM ALLOWED UPON APPROVAL OF A CONDITIONAL USE PERMIT
TO ALLOWED UPON MEETING SPECIFIED CONDITIONS; REVISING MTC
SECTION 17-4-3 (USE CONDITIONS MATRIX) TO ADD CONDITIONS PER USE FOR
TRANSITIONAL HOUSING IN THE ALLOWED ZONING DISTRICTS; REVISING
MTC CHAPTER 17-6 "GENERAL AND MISCELLANEOUS DEVELOPMENT
REGULATIONS" TO ADD NEW SECTION 17-6-12 (TRANSITIONAL HOUSING)
ESTABLISHING DEVELOPMENT REGULATIONS FOR TRANSITIONAL HOUSING
AND A REASONABLE ACCOMMODATION WAIVER PROCESS
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the revisions to Title 17"Land Development" of the Marana
Town Code (MTC), including revising MTC Section 17-1-6 (Definitions), to revise defini-
tions for "Single-family dwelling" and "Transitional housing"; revising MTC Section 17-
4-2 (Use matrix) to revise the permissiveness of transitional housing uses in several zon-
ing districts from allowed upon approval of a conditional use permit to allowed upon
meeting specified conditions;revising MTC Section 17-4-3 (Use conditions matrix) to add
conditions per use for transitional housing in the allowed zoning districts; revising MTC
Chapter 17-6"General and Miscellaneous Development Regulations" to add new section
17-6-12 (Transitional housing) establishing development regulations for transitional
housing and a reasonable accommodation waiver process, a copy of which is attached to
and incorporated in this resolution as Exhibit A and one paper copy and one electronic
copy of which are on file in the office of the Town Clerk,are hereby declared to be a public
record and ordered to remain on file with the Town Clerk.
00089652.DOCX/1
Resolution No.2023-098 - 1 -
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 19th day of September, 2023.
Mayor Ed Honea
ATTEST: APPROV- AS TO FORM:
David L. Udall, Town Clerk Jan- rall, Town Attorney
417C /1&
MARANA AZ
ESTABLISHED 1977
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Resolution No.2023-098 - 2 -
EXHIBIT A TO MARANA RESOLUTION NO. 2023-098
Amendments to Marana Town Code, Title 17 "Land Development"pursuant to Marana
Ordinance No. 2023.032
SECTION 1. Section 17-1-6 (Definitions) of the Marana Town Code is hereby
revised as follows (with additions shown with double underlining and deletions shown
with strikeouts):
17-1-6 Definitions
A. The following definitions are used in this title,unless a different meaning is clearly indicated
by the context or by a more specific definition:
[No revisions to subparagraphs 1 through 181]
182.Single-family dwelling:A dwelling unit with kitchen and sleeping facilities,de-signed
for occupancy by and occupied by one family. Includes "adult developmental home,"
"child developmental certified home," "child developmental home," "group home," and
"intermediate care facility for individuals with intellectual disabilities," each as defined in
A.R.S. §36-551;includes"residential facility" as defined in A.R.S. §36-581;includes"adult
foster care home" and "assisted living home" each as defined in A.R.S. § 36-401, and
includes "child care group home" as defined in A.R.S. §36-897.
[No revisions to subparagraphs a and b]
[No revisions to subparagraphs 183 through 208]
209. Transitional housing: A dwelling shared as a primary residence by adult persons
with disabilities, as that term is defined under federal law for purposes of the fair
housing act, who live together in an environment that may provide self-support or
resident staff persons providing care, education, or activities for the residents.
Transitional housing's_primary purpose is to provide shelter in a residential family-like
environment. A single family dwelling where supervised, residential living is provided
to not more than ten individuals who de not require institutional treatment and who have
common needs for alternatives to incarceration or homelessness or who need treatment
are provided,including but net wed to substance abuse treatment or rehabilitation,or
life skills as istance. Examples of transitional housing include but are not limited to
halfway houses,homeless shelters,sober living homes as defined in A.R.S. §36-2061,and
adult behavioral health therapeutic homes as defined in A.R.S. §36-401.
[No revisions to subparagraphs 210-222]
[No revisions to paragraphs B and C]
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EXHIBIT A TO MARANA RESOLUTION NO. 2023-098
Amendments to Marana Town Code, Title 17 "Land Development"pursuant to Marana
Ordinance No. 2023.032
SECTION 2. Chapter 17-4 "Zoning" of the Marana Town Code is hereby revised as
follows (with additions shown with double underlining and deletions shown with
strikeouts):
[No revisions to section 17-4-1]
17-4-2 Use matrix
A. Table 2 (use matrix) identifies the permissiveness of uses in all residential zoning groups and
zoning districts other than the mixed use districts and the SP zone. (Uses for the mixed-use
districts are set forth in the mixed-use zoning district use matrix found at table 8.)
B. The notations in table 2 have the following meanings:
1. "P" means the use is permitted subject to design standards.
2. "A" means the use is permitted as an accessory use located on the same lot with a
permitted use.
3. "C" means the use is allowed upon approval of a conditional use permit(see section 17-3-
2).
4. "U" means the use is allowed upon meeting the conditions set forth in table 3 below.
5. "T" means the use is allowed upon approval of a temporary use permit (see section 17-3-
3).
6. "X" means the use is prohibited.
[No revisions to paragraph C]
Table 2. Use matrix (only amendments to Table 2 are shown; the remainder of Table 2 is
unchanged)
Uses AG RA ER NR GR MR RR NC VC LI HI
Residential
Assisted-living-home PPP CCCC C C X X
Adult foster care home PPP C C C C C C X X
Transitional housing UC UC UC UC UC C C UC UC X X
17-4-3 Use conditions matrix
The following table lists the conditions that apply to uses marked with a "U" in Table 2 (Use
matrix).Where a zoning group is listed in the"zone(s)"column,the conditions apply to all zoning
districts in that zoning group.
Table 3. Conditions per use (only amendments to Table 3 are shown;the remainder of Table 3 is
unchanged)
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EXHIBIT A TO MARANA RESOLUTION NO. 2023-098
Amendments to Marana Town Code, Title 17 "Land Development"pursuant to Marana
Ordinance No. 2023.032
USE ZONE(S) CONDITION(S)
Residential
Transitional housing AG, RA,ER, Must comply with all development standards for
NR,GR transitional housing,as set forth in section 17-6-12
NC,VC Must comply with all development standards for
transitional housing,as set forth in section 17-6-12
Must comply with the development standards for R-3
zone as set forth in section 17-4-5(B)(7) Table 4
(Development standards per residential zone)
[No revisions to section 17-4-4 through 17-4-26]
SECTION 3. Chapter 17-6"General and Miscellaneous Development Regulations"
of the Marana Town Code is hereby revised by adding new section 17-6-12 (Transitional
housing) as follows:
17-6-12 Transitional housing
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.
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EXHIBIT A TO MARANA RESOLUTION NO. 2023-098
Amendments to Marana Town Code, Title 17 "Land Development"pursuant to Marana
Ordinance No. 2023.032
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.
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EXHIBIT A TO MARANA RESOLUTION NO. 2023-098
Amendments to Marana Town Code, Title 17 "Land Development"pursuant to Marana
Ordinance No. 2023.032
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.
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