STAFF REPORT
TO: Planning & Zoning Commission Members
FROM: Planning Division Staff
REQUEST:Title
Request to Amend City Code Sections 14.03.02, Table 3-1; 14.03.03.E.6; and 14.06.03 Relating to Accessory Residential Care Homes (Chris Gilbert)
Body
APPLICATION BACKGROUND:
The text amendments contained in this request, and attached as redlined changes, are necessary due to upcoming changes in Arizona State Law:
Amendments to various sections relating to Accessory Residential Care Homes as mandated by Arizona Senate Bill 1473: These amendments (see attached copy of Senate Bill 1473) take effect on September 12, 2026, prohibiting cities and counties from adopting, enforcing or maintaining any law that prevents state licensed Accessory Residential Care Homes from allowing 10 or less unrelated residents under care in any such facility included under the definitions contained within Arizona Revised Statutes (ARS) § 36-401.
These proposed amendments include the following:
1. Section 14.03.02, Table 3-1: Use Table addition to place Accessory Residential Care Homes as an accessory uses in any zone that permits residential use.
2. 14.03.03.E.6: Modification of the Use Table’s cross referenced code section under the Use Specific Standards column for “Accessory Residential Care Home” to add “assisted living homes” as defined by ARS §36-401 which permits up to 10 residents for this use.
3. 14.06.03: Modification of the Definition of “Accessory Residential Care Home” to add ten or fewer residents for “assisted living homes” as defined by ARS § 36-401.
4. 14.06.03: Modification of the Definition of “Family” to defer to State of Arizona and federal law regulations regarding occupancy limits and adds a cross reference to the definition of “Accessory Residential Care Home.”
ATTACHMENTS:
Proposed Development Code Amendments (tracked)
Arizona Senate Bill 1473
ARS § 36-401
POSSIBLE MOTION::Recommended Action
I move to recommend approval of Land Use Action No. 26-5319 to the City Council amending City Code Sections 14.03.02, Table 3-1; 14.03.03.E.6; and 14.06.03 relating to Accessory Residential Care Homes.
I move to NOT recommend approval of Land Use Action No. 26-5319 to the City Council.