A. If a municipality has a zoning ordinance that restricts the distance between assisted living homes, the municipality shall establish an administrative procedure in which a deviation from the separation requirement may be granted as a reasonable accommodation under the fair housing act (P.L. 90-281; 82 Stat. 81; 42 United States Code § 3604).

Ask a real estate law question, get an answer ASAP!
Thousands of highly rated, verified real estate lawyers.
Specialties include: All Real Estate Law, Landlord and Tenant Law, Foreclosure, Homeowners' Association, Trespassing, Property Law, General Legal and more.
Click here to chat with a lawyer about your rights.

Terms Used In Arizona Laws 9-462.09

  • municipality: means an incorporated city or town. See Arizona Laws 9-462
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Zoning ordinance: means a municipal ordinance regulating the use of the land or structures, or both, as provided in this article. See Arizona Laws 9-462

B. On registration as an assisted living home or when a land use application for an assisted living home is filed, the municipality shall provide written notice of the administrative procedure to request a reasonable accommodation as prescribed in subsection A of this section.

C. If a municipality has a zoning ordinance that restricts the distance between assisted living homes, the distance shall be measured on a linear foot basis from lot line to lot line.

D. For the purposes of this section, "assisted living home" has the same meaning prescribed in section 36-401.