The discussion by Town of Fountain Hills officials related to the regulation of homes for those seeking assistance with drug and/or alcohol abuse is turning to focus on what is described as sober living homes.

Town Development Services Director John Wesley has provided a generally accepted definition of sober living home for the Planning and Zoning Commission as it discusses the issue. In a memo to commissioners Wesley stated a sober living home is “a type of group home, licensed by the state, for individuals who have completed, or are in the process of completing a drug or alcohol rehabilitation program and seek to live in a supportive, safe, family-like setting in which some services and assistance may be provided to help continue the rehabilitation process.”

Wesley has reported there are four such facilities within Fountain Hills operated by two different recovery organizations. The public discussion regarding the issue has included residents who insist there are many more such homes operating in Fountain Hills that the Town may be unaware of and should be addressing the proliferation of the facilities.

Wesley said sober living homes are, and legally must be treated no different than any other group home operating within the town.

“Cities and towns must regulate all types of group homes the same, we cannot discriminate based on the type of handicap or disability,” Wesley said. “That’s why you do not see sober living homes mentioned specifically (in ordinances), except sometimes as an example.”

The City of Prescott, which has sometimes been mentioned as an example of regulations that are successful in controlling “bad actors” in the rehabilitation business, does not in fact refer to “sober living homes” at all in its ordinance. Prescott, as well as some other cities, refer to homes for the handicapped as “community residences.” Prescott refers to “congregate” or “transitional” residences. Wesley said other cities use “community residences,” “care homes,” and “assisted living homes.” He said these terms do have varying meanings such as “family” homes for longer-term occupancy or “transitional” where typical occupancy is usually a few months.

The Town of Fountain Hills Zoning Ordinance currently refers only to “group homes” and states specific requirements for such facilities. Those include 1,200-foot separation between group homes, a maximum of 10 residents, it must be licensed by Arizona Department of Health Services (the state also requires accreditation by an oversight agency) and registration and administrative approval by Town staff.

“State statutes deal directly with the various kinds of health services provided and regulate them specifically, such as assisted living homes for the elder and sober living homes for those coming out of addiction,” Wesley said. “The state legislation and rules grew out of the efforts by Prescott to address the problem they were having and have been in place since 2019.

“Whereas a city or town can place some general land use/zoning regulations on group homes, the state provides the actual regulations and oversight for the operation of the home.”

The Town did have some concerns itself and was hearing from neighbors related to a specific home site in Fountain Hills. Town officials did contact the state and asked for an investigation, according to Wesley.

“It took them some time, but they did do their investigation,” Wesley said. “They did not find any major issues, but I believe there were a few modifications the home had to make to be in compliance.”

Wesley said as he understands his direction from the commission the current work on regulation will focus on group home requirements. He said a substantive discussion related to detox facilities will be taken up in the future.

Detox facilities

Andy Bennett, a principal with Recovery Consultants, a behavioral health consulting firm in the Phoenix area, attended one of the commission discussions early on and followed up with a letter to Wesley clarifying some issues and stating some concerns.

“I think it’s important to identify where and when detoxification occurs,” Bennett said in his letter provided to The Times by the Town. “Detox in Arizona historically occurs in commercially zoned properties licensed by the Department of Health Services. These facilities are small, typically treating five to 10 patients at a time with 24-hour staff, nurses, and a doctor’s presence overseeing the patient’s care on a daily basis.

“Patients at this point are their most vulnerable. Many of them experience withdrawal symptoms that if left untreated can result in death. It’s not a patient using drugs that would kill them – it’s the decision to stop using drugs, and their body rejecting the detoxification process. Through medical intervention, detoxification is a safe process which allows people the opportunity to improve their lives.”

Bennett said he believes this type of business should be permitted to operate within the Town of Fountain Hills as it does in most other neighboring communities. He acknowledges the concerns regarding “bad actors.”

“There’s bad actors that exist in every industry, as there's been numerous bad actors who have operated business in the Town of Fountain Hills, none of which were detox facilities (or sober livings for that matter). At what point does this become discriminatory?”

Bennett also expressed a concern that the approach seems to be on how these services can be restricted as much as possible – how hard can the town make it for these businesses to operate?

He said that in any city following Maricopa County Zoning, as well as Prescott, detoxification is a permitted use (not usually within residential zoning areas).

“(The Town) has no right to treat people recovering from addiction any differently than they do any other protected class,” Bennett said. “It is my hope that the (town) can soon come to a decision as to where in Fountain Hills patients who need detoxification can get help.”

In a conversation with The Times, Bennett said he is not aware of anyone who wants to bring a detox facility to Fountain Hills.

When the Planning and Zoning Commission meets again on Monday, Feb. 14, Wesley will have a report updating the current status as well as discussion regarding legal framework.