COUNCIL COMMUNICATION
TO: Honorable Mayor and City Council
FROM: Jeff Thuneman, Development Services Director
SUBJECT:Title
Discussion and Action: Ordinance No. 26-1384 Amending Lake Havasu City Code Title 14, Zoning (Development Code), Sections 14.03.02, Table 3-1; 14.03.03.E.6; and 14.06.03 Relating to Accessory Residential Care Homes (Adoption) (Chris Gilbert)
Body
FUNDING SOURCE:
N/A
PURPOSE:
To consider adopting an ordinance amending certain City Code Sections pertaining to Accessory Residential Care Homes in the Development Code (“Assisted Living Homes” in the Bill) mandated by Arizona Senate Bill 1473, signed by the Governor, and scheduled to be in effect on September 12, 2026.
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 “Assisted Living 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.”
The Planning Commission unanimously recommended approval by a 6-0 vote at its August 19, 2026, Regular Meeting.
COMMUNITY IMPACT:
The proposed amendments will bring the City into compliance with newly passed legislation by the State of Arizona.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Ordinance No. 26-1384 (tracked)
Arizona Senate Bill 1473
ARS § 36-401
POSSIBLE MOTION::Recommended Action
I move to adopt Ordinance No. 26-1384 amending Lake Havasu 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 adopt Ordinance No. 26-1384 amending Lake Havasu City Code Sections 14.03.02, Table 3-1; 14.03.03.E.6; and 14.06.03 relating to Accessory Residential Care Homes.