1. Joint City Council and Planning and
Zoning Commission Workshop
Discussion Regarding Land
Development Code Amendments for
Group Residential Uses
Jon M. Paladini
Office Of The City Attorney

2. STATEMENT OF INTENT
Office Of The City Attorney
The City of Prescott desires to amend the Land
Development Code (LDC) to address issues arising from a
proliferation of Group Residential Uses in Single-family
neighborhoods.
The potential incompatible nature of certain Group
Residential Uses, as well as adverse impacts on
infrastructure, requires the City to assure appropriate criteria
is in place for Group Residential Uses for the benefit of their
residents and for the protection of the Single-family nature
of neighborhoods from uses whose scale or intensity may
approach those of commercial uses.

3. STATEMENT OF INTENT
Office Of The City Attorney
The City’s effort is focused on clearly defining Single-
family and Single-family equivalent uses, providing for
integration and reasonable accommodation of
appropriately scaled Group Residential Uses in Single-
family neighborhoods, and providing for appropriate
means to accommodate non-Single-family equivalent
Group Residential Uses in appropriately zoned areas of
the City.

4. Office Of The City Attorney
Goal
To provide for adequate and appropriate districts
allowing the presence of Group Residential Uses
that are compatible with Single-family
residences and adequate and appropriate districts
allowing the presence of Group Residential Uses
that are not compatible with Single-family
residences.

5. Office Of The City Attorney
Findings
The Fair Housing Act (42 U.S.C. §3601) provides
protections for persons with disabilities and provides
that persons recovering from drug and alcohol addiction
are deemed disabled.
The State of Arizona has undertaken the licensing of
certain types of recovery treatment facilities,
necessitating the involvement of local jurisdictions in
determining life safety code compliance of Group
Residential Uses.

6. Office Of The City Attorney
Findings
The Fair Housing Act does not preclude the adoption,
amendment or enforcement of regulations by the City of
Prescott pursuant to its local police powers and zoning.
Additional regulation of Group Residential Uses to meet
state requirements necessitates the adoption or
amendment of certain zoning definitions and zoning,
building and fire regulations.

7. Office Of The City Attorney
Findings
Prescott is recognized throughout the state as having a
disproportionate share of Group Residential Uses, many
located in Single-family zoning districts.
Single-family zoning districts in the City permit only
Single-family residences, parks, playgrounds and
necessary utilities.

8. Office Of The City Attorney
Findings
It is in the interest of public health, safety and welfare to
establish specific criteria to be used to identify Group
Residential Uses that are compatible to Single-family
residences and Group Residential Uses that are not
compatible to Single-family residences because of the
commercial nature of some such uses.
A Housekeeping Unit is the defining characteristic of a
family as defined by the Land Development Code.

9. Office Of The City Attorney
Findings
Group Residential Uses similar or equivalent to a
Housekeeping Unit are compatible with Single-family
residences.
Group Residential Uses not similar or equivalent to a
Housekeeping Unit do not function as, and are not
compatible with Single-family residences.

10. Legal Standards
Office Of The City Attorney
FHA prohibits discrimination in local governments'
zoning and land use actions based on (among other
categories) familial status, disability, or occupancy by
low to middle income persons. It also prevents agencies
from imposing different requirements on single-family
or multifamily homes because of the familial status,
disability, or income of the intended residents.
Keith v. Volpe, 858 F.2d 467, 485 (9th Cir. 1987)

11. Legal Standards
Office Of The City Attorney
The courts have upheld regulations when they
were convinced that the city's primary purpose
was to prevent non-residential or commercial use
in a residential area.

12. Family Size
Office Of The City Attorney
The Land Development Code currently defines Family as:
“A. An individual, or 2 or more persons related by blood,
marriage or adoption, including any live-in domestic help, living
together as a single housekeeping unit, in a dwelling unit; or
B. A group of not more than 8 persons who need not be
related, living together as a single housekeeping unit in a
dwelling unit.”

13. Family Size
Office Of The City Attorney
The proposed LDC definition of Family:
One or more persons living together as a single
housekeeping unit, in a dwelling unit

14. Housekeeping Unit Defined
Office Of The City Attorney
“Single Housekeeping Unit means any number of related, or
up to six unrelated, persons living as the functional equivalent
of a traditional family, whose members are an interactive
group of persons jointly occupying a single dwelling unit,
including the joint use of and responsibility for common areas,
and sharing household activities and responsibilities (e.g.,
meals, chores, household maintenance, expenses, etc.) and
where, if the dwelling unit is rented, all adult residents have
chosen to jointly occupy the entire premises of the dwelling
unit, under a single written lease with joint use and
responsibility for the premises, and the makeup of the
household is determined by the residents of the dwelling unit
rather than the landlord or property manager.”

15. Single-family Residence
Office Of The City Attorney
• Any number of related persons
• Disabled or not disabled
• A family as defined by the LDC
• Permitted in all residential zones
• Permitted in commercial zones

16. Family Community Residence
Office Of The City Attorney
• 6 or fewer unrelated persons
• Disabled or not disabled
• A family (as defined in LDC) or is equivalent
to a family
• Permitted in all residential zones
• Permitted in commercial zones

17. Transitional Community Residence
Office Of The City Attorney
• More than 6 unrelated persons
• Disabled or not disabled
• Not a family (as defined in LDC) and is not
equivalent to a family
• Not permitted in single-family zones
• Requires a CUP in multifamily zones
• Permitted in commercial zone

18. State Licensing
Office Of The City Attorney
• State licenses some of these facilities
• City requirements apply regardless of state license
• If state licensed – only state licensed services allowed
• If not state licensed – no services that require a state
license

19. Local Building/Fire Codes
Office Of The City Attorney
• All local Building and Fire Codes are applicable
• If state licensed, local inspections are required
• If state requires fire sprinklers, local permits and
inspections are required
• Facilities must meet ADA requirements

20. Office Of The City Attorney
Operational Standards for
Transitional Family Residences
No smoking on the property where the secondhand
smoke may affect neighboring properties
Must provide City with the Operators 24/7 emergency
contact number and post it on property

21. Office Of The City Attorney
Operational Standards continued -
Shall not provide any services to any person not
residing on site. If licensed, the facility shall not provide
any service on-site not covered by the license. If not
licensed, the facility shall not provide any service that
requires a license.
Upon request, must provide location, name and type of
any other Community Residences for the Disabled
owned or operated within city limits of Prescott

22. Operational Standards continued -
Office Of The City Attorney
Upon request, must provide information about any
facilities owned or operated within the State of Arizona
that have been found to be in violation of state or local
laws within the past 5 years

23. Reasonable Accommodations
Office Of The City Attorney
Code must allow Reasonable Accommodations per the
Fair Housing Act
The request can increase the residential occupancy in a
Single-family zone to more than 6 persons provided all
other Reasonable Accommodation criteria are met

24. Reasonable Accommodations
Office Of The City Attorney
The request cannot create a substantial detriment
injurious to neighboring properties by creating traffic
impacts, parking impacts, impacts on the water or sewer
systems, or other similar adverse impacts
The Accommodation may be granted for a limited
period of time, if applicable

25. Use Table
Group Residence Size Single-
family
Multifamil
y
Commercia
l
Single-family Residence
1 to 6 residents in a Housekeeping Unit P P P
Family Community Residence
1 to 6 residents not in a Housekeeping Unit P P P
Transitional Community Residence
More than 6 residents not in a Housekeeping
Unit
-- C P
The Reasonable Accommodation process can allow more than 6
residents provided they meet the Reasonable Accommodation
criteria.
Office Of The City Attorney

26. Conditional Use Permit
Office Of The City Attorney
9.3.1 / Purpose
Conditional uses are generally compatible or can be made
compatible with other uses in the underlying zoning district.
May be permitted on a conditional basis under which
additional requirements must be met, including determination
of adequate land area and site plan approval. Conditional uses
require special consideration so that they may be properly
located with respect to the objectives of the Code and their
effect on surrounding properties.

27. Conditional Use Permit
Office Of The City Attorney
9.3.2 / Applicability
Conditional uses require individual review of their
location, design, configuration, and intensity, and
may require the imposition of additional conditions
in order to ensure the appropriateness and
compatibility of the use at a particular location.

28. Conditional Use Permit
Office Of The City Attorney
9.3.3 F. Board of Adjustment Action
The Board of Adjustment shall review Conditional
Use Permit applications in a public meeting and
thereafter vote to approve, approve with conditions,
or deny the application.

29. Conditional Use Permit
Office Of The City Attorney
9.3.5 / Conditional Use Review Criteria
A. Effect on Environment
Location, size, design, and operation characteristics of the
use not detrimental to the health, welfare, and safety of
the surrounding neighborhood.
B. Compatible with Surrounding Area
Site plan, circulation plan, and schematic architectural
designs harmonious with the character of the surrounding
area with respect to landscaping, scale, lot coverage, etc.

30. Conditional Use Permit
Office Of The City Attorney
9.3.5 / Conditional Use Review Criteria (continued)
C. External Impacts Minimized
No negative impacts on existing uses in the area and in
the City through the creation of noise, glare, fumes, dust,
smoke, vibration, fire hazard, or other injurious or
noxious impact.
D. Infrastructure Impacts Minimized
No negative impacts on existing uses in the area and in
the City on public infrastructure or public services, and
the ability of existing infrastructure and services to
adequately serve.

31. Conditional Use Permit
Office Of The City Attorney
9.3.5 / Conditional Use Review Criteria (continued)
E. Consistent with General Plan and Code
Consistent with the purposes of this Code, the General
Plan, Area Plans, and applicable statutes, ordinances or
policies, and will support rather than interfere with the
uses permitted outright in the zone in which it is located.
F. Parcel Size
Use may be required to have additional land area to
ensure adequate mitigation of impacts on surrounding
land uses and the affected zoning district.

32. Next StepsOffice Of The City Attorney
Direct staff to draft ordinance language amending the
Prescott Land Development Code consistent with
today’s presentation.
Draft ordinance would be reviewed by Planning &
Zoning Commission who would make recommendation
to City Council for final decision.