COMMUNITY RESIDENCES
Mesa City Code § 11-31-14
in effect11-31-14: - COMMUNITY RESIDENCES
A community residence (family and transitional) shall be located, developed and operated in compliance with the land use regulations in Article 2 and the following standards:
A. General Requirements.
1. Spacing Requirements. A minimum distance of 1,200 feet from the closest existing community residence, assisted living home, or Assisted Living Center, as measured under Section 11-2-3(D), unless separated by a significant intervening natural or manmade feature such as, but not limited to, a canal, municipal open space of at least ten (10) acres (e.g., park, golf course, etc.), a railroad, or a highway, that is approved by the Zoning Administrator.
2. Occupancy. Five (5) up to a maximum of ten (10) individuals (not including staff).
3. Licensure and Certification. A community residence must obtain one (1) or more of the following:
(a) License or certification from the State of Arizona required to operate the proposed community residence; or
(b) Certification by the Arizona Recovery Housing Association if not required to be licensed by the State of Arizona; or
(c) A "Permanent" Oxford House Charter.
B. Community Residences Requiring a Conditional Use Permit. In certain zoning districts community residences are not allowed by right but require the approval of a conditional use permit. A conditional use permit shall be granted only if the governing body finds that the applicant has demonstrated that all of the following criteria are met:
1. The proposed use will be compatible with the residential uses allowed as of right in the zoning district;
2. The proposed use in combination with any existing community residences, assisted living homes, and Assisted Living Centers will not result in a clustering of such uses or alter the residential character of the surrounding neighborhood by creating or intensifying an institutional atmosphere; and
3. The proposed use will not interfere with normalization and community integration of the residents of any existing community residences, assisted living homes, or Assisted Living Centers, and that the presence of other existing community residences, assisted living homes, or Assisted Living Centers will not interfere with normalization and community integration of the residents of the proposed use;
4. The applicant has submitted a "good neighbor policy" in narrative form that includes:
(a) A description of acceptable measures to ensure ongoing compatibility with adjacent uses;
(b) The name and telephone number of the manager or person responsible for the operation of the facility;
(c) Complaint response procedures including investigation, remedial action, and follow-up procedures; and
(d) The proposed use complies with all other development standards in this Chapter.
C. Registration, Renewal, and Revocation. A community residence must register with the City and renew its registration as set forth below:
1. Registration Process for Community Residences That Do Not Require a Conditional Use Permit. An applicant for a community residence that does not require a conditional use permit to operate and is not requesting a reasonable accommodation under Section 11-31-14(D), must register with the City by submitting the City's registration application according to Chapter 67, Common Procedures. If the use complies with all City requirements, the applicant will receive provisional registration approval from the planning division. To obtain final registration, the applicant must provide evidence of the required license or certification within 120 days from the date the provisional registration was approved.
2. Registration Process For a Community Residence That Requires a Conditional Use Permit or is Requesting a Reasonable Accommodation. A community residence that requires a conditional use permit to operate or that requests a reasonable accommodation to the standards in Section 11-31-14(a), must register with the city by submitting the City's application for a conditional use permit according to Chapter 67, Common Procedures, and by providing evidence of compliance with all City requirements. The request will be reviewed by the applicable governing body. approval of the conditional use permit grants the applicant provisional registration. To obtain final registration, the applicant must provide evidence of the required license or certification within 120 days from the date the provisional registration was approved; except registration for a community residence that is granted a reasonable accommodation to the license and certification requirement is considered final and no other action is required.
3. Registration Renewal. Registration of a community residence is valid for one (1) year and must be renewed annually on or before the expiration date of the registration. To renew a registration, the operator of a community residence shall submit to City an application for renewal and evidence of a current state license, certification or Oxford House Charter.
4. Revocation. The registration and conditional use permit obtained by a community residence may be revoked as set forth in this section:
(a) Facilities Without a Conditional Use Permit. In the event the license, certification or Oxford House Charter for a community residence is denied or revoked, the City of Mesa registration will automatically terminate after 15 calendar days of the date of the City's written notification to the applicant; and the community residence must cease operation 45 calendar days from the date of the City's written notification.
(b) Facilities With a Conditional Use Permit. A community residence that requires a conditional use permit to operate or that has applied for or received a special use permit for a reasonable accommodation and whose license, certification, or oxford house charter required in Section 11-31-14(a)(3) is denied or revoked, the City of Mesa registration shall automatically terminate, and the conditional use permit is subject to the revocation process in Chapter 70. If the conditional use permit is revoked, the community residence must cease operation within 45 calendar days from the date the conditional use permit is revoked.
D. Reasonable Accommodation. A community residence that does not meet the spacing, occupancy or licensure requirements may request a reasonable accommodation through the special use permit process. The accommodation being sought must be reasonable and necessary to afford individual(s) with disabilities an equal opportunity to use and enjoy housing that is the subject of the request. The process to apply for a special use permit are provided in Chapter 67, Common Procedures, except a citizen participation plan and report is not required.
1. Accommodation to Spacing Requirements. A special use permit to the spacing requirements shall be granted only if the governing body finds that the applicant has demonstrated that the proposed use meets all of the following criteria:
(a) The proposed use will not interfere with the community integration of the residents of any existing community residences, assisted living homes, or Assisted Living Centers, or their ability to interact with neighbors without disabilities; and the presence of other community residences, assisted living homes, or Assisted Living Centers will not interfere with the community integration and interaction of the residents of the proposed use;
(b) The proposed use in combination with any existing community residences, assisted living homes, or Assisted Living Centers will not alter the residential character of the surrounding neighborhood by creating or intensifying an institutional atmosphere or by creating or intensifying a de facto social service district by clustering or concentrating community residences, assisted living homes, or Assisted Living Centers; and
(c) The proposed use complies with all other development standards in this Chapter.
2. Accommodation to Licensure Requirements. When the state, Arizona Recovery Housing Association or Oxford House does not offer a license, certification, or charter for the type of community residence and the population it will serve, the community residence may request a special use permit. the special use permit shall be granted only if the governing body finds that the applicant has demonstrated that all of the following criteria are met:
(a) The proposed use will operate in a manner effectively similar to a licensed or certified community residence;
(b) Staff will be adequately trained under standards typically required by the state or Oxford House for a community residence;
(c) The proposed use will have operating rules and practices that will protect residents from abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications;
(d) The proposed use will emulate a family and will operate to achieve community integration; and
(e) The proposed use otherwise complies with all other development standards in this Chapter.
3. Accommodation to Occupancy Limits. A community residence that wants to house more than ten (10) people may request a special use permit. A special use permit shall be granted only if the governing body finds that the applicant has demonstrated that the proposed community residence meets all of the following criteria:
(a) The number of residents over ten (10) is needed for therapeutic viability of the proposed community residence;
(b) The number of residents in the proposed community residence will emulate and operate as a family rather than a boarding house, skilled nursing facility, short-term rental, treatment center, social service facility or other nonresidential uses; and will not interfere with the community integration of the occupants of any existing community residences, assisted living homes, or Assisted Living Centers;
(c) The primary function of the proposed community residence is residential where any treatment is merely incidental to the residential use of the property;
(d) The proposed community residence has sufficient parking for the requested number of occupants so as not to impact the adjacent properties; and
(e) The proposed use complies with all other standards in this Chapter.
(Ord. No. 5632, § 7, 7-8-21; Ord. No. 5858, § 3, 7-1-24)
Source: City of Mesa, Arizona, Mesa City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/mesa/codes/code_of_ordinances?nodeId=COOR_TIT11ZOOR_ART4DERE_CH31STSPUSAC_11-31-14COREFetched: 11/1/2026