Care Homes and Group Homes

Residential care for individuals with specific medical, behavioral or developmental needs in a residential setting are largely regulated through applicable federal and state laws (Arizona Revised Statutes Title 36), including the Fair Housing Act, the Americans with Disabilities Act, and Arizona licensing requirements. Depending on the type of home or service, the Arizona Department of Health Services, Arizona Department of Economic Security, or other applicable state agency may be responsible for licensing, certification, inspections, operational oversight, or complaint review.

Scottsdale’s zoning provisions for these uses are intended to allow persons with disabilities to live in residential neighborhoods consistent with state and federal law, while also maintaining the residential character of neighborhoods.

Arizona Law (Title 36) defines various types of services based on the level of care provided and the populations served. Scottsdale’s Zoning Ordinance sets forth requirements to determine where these services may be located and what local adopted criteria apply. These terms are used to implement state law within Scottsdale’s zoning framework and to ensure that residential care uses are appropriately located and regulated in accordance with both state and local requirements.

• Care Homes – licensed residential settings where more than six, but no more than ten, persons live as their primary residence and receive on-site supervisory or other care services. In Scottsdale, care homes may be allowed in single-family residential zoning districts when applicable state licensing requirements and local zoning criteria are met.
• Group Homes – dwellings shared by more than six adults as their primary residence, where no supervisory or other care is provided. In Scottsdale, group homes are allowed in certain multifamily residential zoning districts.
• Day Care Homes and Day Care Group Homes – provide care and supervision for periods of less than 24 hours, rather than serving as a primary residence for the persons receiving care. In Scottsdale, these uses may be allowed in single-family and multifamily residential zoning districts.

Of these, Care Homes have Scottsdale-specific criteria, separation requirements, and review process. The sections below provide additional information about care homes and the process for applicants seeking City review.

The Arizona Department of Health Services (ADHS) is the primary state agency responsible for licensing and regulating care homes. ADHS administers the state licensing process, conducts facility inspections, and provides the complaint process for concerns related to licensing, quality of care, residents’ rights, abuse, neglect, staffing, supervision, or facility operations.

The City’s role, however, is more limited. Scottsdale’s local review is primarily addressed through the Zoning Ordinance – Sec. 5.012, Use Limitations, subsection (2). A care home may operate in single-family residential zoning districts when the applicable state licensing requirements and local zoning criteria are met.

Scottsdale’s adopted criteria includes:

• The total square-footage of the home may not be more than 35% of the lot’s net area;
• Maximum capacity of ten residents with disabilities and two full-time caregivers;
• Minimum separation of 1,200 feet from another care home, measured from lot line to lot line;
• Maintenance of the home and premises in a clean manner consistent with the surrounding neighborhood;
• On-site parking for the owner and staff;
• Emergency contact information; and
• A City business registration license.

A disability accommodation from certain development standards or separation requirements may be requested in accordance with the Zoning Ordinance, Sec. 1.806, or an administrative reduction of up to 10% in a standard or separation requirement may be requested in accordance with Zoning Ordinance,  Sec. 1.920. As a result, some care homes in the city may be located closer than the standard 1,200-foot separation distance when such accommodations have been approved.

The City maintains an online Care Home map as an informational tool for the community and as a staff resource when reviewing applicable separation requirements. The map shows care homes citywide and can help residents understand where care homes have been reviewed through the City’s process.

Care homes are unique in that they are subject to location-based criteria, including the standard 1,200-foot separation requirement. Other residential uses, such as group homes and care homes with five or less residents, do not go through this review process and are not included on the map.

In some instances, care homes may appear to be within the standard separation distance from another care home. Many of these care homes were established prior to the current separation standard: in accordance with the Zoning Ordinance, Sec. 1.1304.C, any care home that was lawfully located and operating in a residential district prior to Dec. 5, 2017, may continue to operate in that location. Others may have received a disability accommodation in accordance with Zoning Ordinance, Sec. 1.806 or Sec. 1.920. Because zoning and licensing status can change, residents should contact staff if they need help understanding whether a specific property is an actively approved location that has been reviewed through the City’s care home review process.

Notably, the map should be used as an informational tool to understand which locations have been reviewed through the City’s process. ADHS licensing records should be used to confirm whether a care home has an active state license.

Applicants seeking to operate a licensed care home in Scottsdale must complete both the applicable City review process and the required state licensing process through the Arizona Department of Health Services.

1. Submit a pre-application request

   The applicant begins by submitting a Care Home Pre-Application Request through the planning and permitting portal, Scottsdale SPUR. After the request is submitted, reviewed for completeness, and the associated fee is paid, City staff will contact the applicant with the required paperwork.

2. Work with the assigned project coordinator

   The applicant works with their assigned project coordinator to provide the required materials. Staff will review the proposed care home location for compliance with applicable Zoning Ordinance requirements, including Sections 5.012.A.2 or 5.102.A.2.

   If staff can verify that the proposed care home meets the applicable zoning and spacing requirements, the City will create a care home zoning/spacing approval case, referred to as an “AC case,” and the property will be added to the City’s Care Home map as “conditionally approved.” From the time of conditional approval, the applicant has 180 days to obtain state licensing and may request an extension.

   Applicants seeking to establish a care home on a vacant lot must submit a full set of final plans and complete at least one full plan review cycle before the City will issue zoning/spacing approval and add the location to the map.

3. Obtain Certificate of Occupancy review

   After City zoning/spacing review, the applicant must obtain a Certificate of Occupancy (C of O) for an Existing Building Permit through the City’s One Stop Shop. After the permit is obtained, the proposed care home must complete required Building and Fire inspections.

   • Care homes with five or fewer residents are classified as R-3 occupancy. These residences do not require a zoning/spacing “AC case” approval but must still follow all applicable laws and obtain any required licenses.
   • Care homes with six to ten residents are classified as R-4 occupancy.

   Once the Building Inspector and Fire Inspector approve the C of O for the Existing Building Permit, the City will issue a new C of O.

4. Submit materials to ADHS

   The applicant submits the new C of O, along with all other required materials, to the Arizona Department of Health Services as part of the state licensing process.

5. Provide proof of ADHS licensing and City business registration

   City approval is contingent upon state licensing. The applicant must provide a copy of the Arizona Department of Health Services license certificate and evidence of a City of Scottsdale business registration license within 180 days of the conditional approval date.

   If proof of state licensing is not provided within 180 days, the AC case expires, the property will be removed from the Care Home map layer, and Code Enforcement may visit the property.

Care homes involve review at both the state and local levels, and the appropriate contact depends on the type of question.

For questions related to state licensing, quality of care, residents’ rights, abuse, neglect, staffing, supervision, or facility operations, contact the Arizona Department of Health Services.

For questions related to Scottsdale zoning requirements or the City’s care home review process, contact Planning and Development Services.

For questions related to potential violations of Scottsdale zoning, property maintenance, housing, or other applicable City Code requirements, contact Code Enforcement.

For questions related to obtaining a Certificate of Occupancy and any applicable inspections, contact One Stop Shop or Inspection Services.