Section 311. Zoning Disability Accommodation Committee.
A. Responsibilities. The Zoning Disability Accommodation Committee shall administratively review disability accommodation applications pursuant to Section 701.E.3.b. The Committee shall issue a written decision within 60 days after the application has been deemed administratively complete. An application is not considered administratively complete until the requirements have been completed pursuant to the Planning and Development Department policy and procedures established for disability accommodation requests. The decision shall be included in a report with findings that address the following:
1. The requesting party or occupants of the housing for which the request is made are protected under the Fair Housing Act and/or the Americans with Disabilities Act by demonstrating that they or the residents of the proposed housing are individuals with disabilities, as defined in this Zoning Ordinance.
2. The proposed disability accommodations being sought are reasonable and necessary to afford the subject individual(s) with disabilities an equal opportunity to use and enjoy the housing that is the subject of the request.
3. A request for a disability accommodation to permit more than ten unrelated individuals to occupy a community residence home meets the standards for community residence home as defined in this Zoning Ordinance.
a. The primary function of the proposed community residence home is residential where any treatment is merely incidental to the residential use of the property.
b. The proposed community residence home emulates a biological family and operates as a functional family rather than as an institution, boarding house, nursing home, short-term vacation rental, continuing care facility, motel, hotel, treatment center, rehabilitation center, or a nonresidential use.
4. The requested number of residents in the proposed community residence home will not interfere with the normalization and community integration of the occupants of any existing community residence home, and that the home will maintain a residential character.
B. Membership. Members of the Zoning Disability Accommodation Committee shall consist of five members composed as follows:
1. Planning and Development Department Director, or his or her designee.
2. Neighborhood Services Department Director, or his or her designee.
3. Equal Opportunity Department Director, or his or her designee.
The following members shall be appointed by the City Manager:
4. A representative from a City of Phoenix registered neighborhood organization.
5. A representative from the community residence home or center industry.
C. The Planning and Development Director shall appoint a Committee secretary, adopt Committee procedures consistent with applicable Zoning Ordinance provisions, and provide other administrative support for the Committee.
D. If the Committee does not issue a decision within 60 days after the application has been deemed administratively complete, the Planning and Development Director shall issue a final decision on the accommodation request filed pursuant to this section. (Ord. No. G-6451, 2018)