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Code Administration/Zoning Administrator

Code administration is the process of implementing the Zoning Ordinance.  The Zoning Administrator is the staff person who has the responsibility to interpret and apply the ordinance, process civil hearings, and register group homes.  The Zoning Administrator is responsible for staffing the Board of Adjustment to hear and act on variances, special use permits, and similar types of cases.  The City also uses a contract Zoning Administration Hearing Officer to review and act on some cases. 

Types of Applications/Review Processes

Variances.  It is difficult for the regulations and standards of the zoning ordinance to fit every property and every situation.  When hardships are created, the property owner may apply for a variance to seek relief from the regulations.

 

Special Use Permits.  There are some developments listed in the zoning ordinance that require approval of a special use permit prior to beginning the use.  These are uses that may not always fit into the surrounding neighborhood.  Examples include cell towers, car washes, service stations, and outdoor seating areas. 

 

Given the long history of development in Mesa, and the fact that the ordinance standards governing development change over time, it is recognized that it may be difficult, and even inappropriate, to require conformance with current code in older areas.  The Development Incentive Permit (DIP) provides a means to consider modifications to the zoning ordinance standards to allow development on vacant properties consistent with surrounding properties.

Substantial Conformance Improvement Permits.  Given the long history of development in Mesa, and the fact that the ordinance standards governing development change over time, it is recognized that it may be difficult to require conformance with current code when modifying or adding on to an existing building.  The Substantial Conformance Improvement Permit (SCIP) provides a means to consider modifications to the zoning ordinance standards for additions to or modification of existing development.

 

Interpretations.  The wording and requirements of the zoning ordinance are not always clear in every situation.  When the applications of the code are not clear, a person may request an official interpretation from the Zoning Administrator.

 

Appeals. When a staff person makes a decision based on the zoning ordinance, that decision may be appealed if the person affected by the decision does not agree with the application of the code.

Group Home Registration

A group home is a "group home for the handicapped", and is defined in Section 11-86-2 of the Mesa City Code as "A dwelling shared as their residence by handicapped persons who reside together as a single housekeeping unit, in which staff persons may provide supervision, counseling, treatment or therapy for the residents therein, and which may be licensed by, certified by, registered with, or otherwise authorized, funded, or regulated, in whole or in part, by an agency of the state or federal government.  The term shall include adult care homes, homes for the chronically mentally ill, group care agencies, and similar residential living arrangements for handicapped persons, but shall not include boarding houses, homes for the developmentally disabled, nursing homes, substance abuse treatment facilities, or any facility providing treatment, counseling, or therapy to patients or clients who do not reside on the premises"

Federal law dictates that these types of homes be allowed in all residential districts.  The City can ensure there is spacing between homes to maintain the character of a neighborhood.  Before a group home can begin operation, they must submit a Group Home Registration to the Planning Division and demonstrate compliance with City regulations.

 

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