The Town of Fountain Hills spent a good portion of the past year crafting regulations for the Zoning Ordinance relating to detoxification and rehabilitation facilities for people with substance abuse issues.

Concerns came to light in 2021 when neighbors came to the council and Planning and Zoning Commission with complaints about lax regulation allowing several detox facilities in residential neighborhoods. Residents complained about negative impacts including drug-related debris on the streets and disruptive behavior.

In January the P&Z Commission hosted a public meeting for residents to comment regarding proposals for an ordinance. It was suggested that the Town look to “best practice” regulations used by communities that have dealt with similar issues. Prescott was mentioned as a place where regulation has addressed concerns. Prescott code relies on state statute, some of which were implemented to address that city’s specific concerns.

Some residents said they believe there were out-of-state interests purchasing large homes in Fountain Hills specifically for the purpose of using them for detoxification facilities.

Staff indicated they were working within parameters proposed by the Town’s legal counsel with regard to regulation. Proposals for insurance requirements and certain inspection requirements were not deemed feasible, or necessary by the Town attorney.

Some residents said they had done extensive research and knew what was legal and wanted strict restrictions included in the ordinance.

The commission was also looking for a way to assure that people with significant criminal records such as sex offenders would not be admitted to sober living homes in the community.

Development Services Director John Wesley chose to separate the commercial detox/rehab facilities from the “sober home” or community residence definitions.

At that time Wesley noted that there were 11 “community residences” registered within the Town. Most of those were senior or assisted living facilities. Four were classified as “sober living homes.”

It was early May when the Town Council received the proposed ordinance addressing community residences and sober living homes. The discussion lasted three hours before the ordinance was passed on a 6-1 vote. The nay vote was based on occupancy limits that the council member felt was too restrictive.

A provision for an insurance requirement was removed based on action by the State Legislature and the Town attorney’s opinion the Town had no authority to enforce it.

It also removed a provision for Town Code Enforcement to do unannounced inspections of the facilities. This was deemed to be the jurisdiction of the state, albeit it was noted the overseeing state agency was understaffed to address inspections regularly.

The council heard from residents who said they thought they had found their forever home in Fountain Hills until a sober living facility opened next door. They said the experience left them very uncomfortable.

The council also heard from advocates of sober living homes including the operator of Fountain Hills Recovery. She stated they operate two licensed and certified facilities in Fountain Hills, but they continue to be subject of gossip and rumors and they do not provide detoxification services at residential sober homes.

A sober living and detox facility consultant told the council he believes the regulations are too restrictive and the Town was providing a solution in search of a problem.

With the sober living regulations in place, staff began work on zoning requirements related to commercial detoxification and rehabilitation facilities. The commission has heard some preliminary work from staff and is refining the proposal going into the new year.