The purpose of this article is to set forth additional requirements for certain uses of land. These standards are intended to ensure that the use is compatible with the surrounding areas.

(Ord. No. 11,443, 11-12-13)

(a)

A structure or land must be used or occupied in conformity with the regulations for the zoning district in which it is located.

(b)

The use standards of this article apply to uses allowed in the zoning districts, whether considered permitted or conditional. Uses must comply with all other standards of this ordinance, including any design standards of the zoning district.

(c)

Non-compliance with any of these standards, including any required impact management plans and operation plans, is considered a violation of this ordinance and subject to enforcement provisions.

(Ord. No. 11,443, 11-12-13)

(a)

Adult uses.

(1)

Location requirements.

a.

Adult uses are prohibited within a one thousand five hundred foot (1,500') radius of the following uses:

1.

Public parks, playgrounds, children's museums or libraries.

2.

Public or private elementary or secondary educational facilities.

3.

Places of worship.

4.

Child day care centers.

5.

Another adult use or structure that contains an adult use.

b.

Adult uses are prohibited within a one thousand foot (1,000') radius of residential zoning districts.

c.

Measurement.

1.

Measurement of location shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the structure where an adult use is located or conducted to the nearest property line of the premises of a public park or playground, children's museum, library, place of worship, child day care center, or educational facility.

2.

Measurement between any two (2) adult uses shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of one (1) establishment to the exterior wall of the other establishment.

(2)

Exterior requirements.

a.

It shall be unlawful for an owner or operator of an adult use to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.

b.

It shall be unlawful for the owner or operator of the adult use to allow the exterior of the adult use to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or other pictorial representations of any manner except to the extent permitted by the provisions of this ordinance.

(3)

Signage.

a.

Primary signs shall contain no photographs, silhouettes, drawings, or other pictorial representations of any manner, and may contain only the name of the enterprise.

b.

Secondary signs shall have only one (1) display surface and shall contain no photographs, silhouettes, drawings, or other pictorial representations of any manner, and may contain only the name of the enterprise.

(b)

Bed and breakfast.

(1)

All bed and breakfast facilities shall be operated within the principal structure and not within accessory structures.

(2)

A bed and breakfast facility shall have no more than seven (7) guest rooms.

(3)

The maximum length of continuous stay for any guest shall be fourteen (14) days.

(4)

The owner/proprietor shall live in the principal structure of the facility.

(5)

Meals other than breakfast shall not be served, and shall only be served to paying overnight guests.

(6)

Cooking facilities are prohibited in individual guest accommodations.

(7)

Bed and breakfast facilities shall provide one (1) full bathroom per guest room, not including the owner/proprietor's bath.

(8)

The bed and breakfast facilities in residential districts shall be permitted to have one (1) two-sided advertising sign, not to exceed four (4) square feet in total sign face area. Exterior signs for bed and breakfast facilities may be erected in the front yard at least ten feet (10') from the street right-of-way and shall conform to the general character of the surrounding neighborhood.

(9)

No special activities may take place on the premises of the bed and breakfast facility in any residential district. Ancillary social gatherings, such as weddings, receptions, luncheons, fundraisers and similar events, attended by any non-lodger, may take place on the premises of a bed and breakfast facility within designated business districts.

(c)

Day care center, adult or child.

(1)

General requirements.

a.

Each day care center must comply with all applicable state and federal regulations including regulations within the Louisiana Administrative Code.

b.

The operator of any day care center must be licensed by the State of Louisiana, and must provide all permits and licenses to the City of Monroe Director of Planning and Zoning before obtaining a certificate of occupancy.

c.

The number of children or adults permitted in a day care center is as follows:

1.

Day care center, small: Up to fifteen (15) children or adults;

2.

Day care center, large: Sixteen (16) to fifty (50) children or adults;

3.

Day care center, commercial: Fifty-one (51) or more children or adults;

(2)

Adult day care center.

a.

No adult may remain on the premises of an adult day care center for more than twenty-four (24) consecutive hours in one (1) stay.

b.

A minimum of twenty-five (25) square feet of indoor space must be provided for each adult at the center, exclusive of kitchens, bathrooms, offices, halls, stairways, and storage areas.

c.

If no elevator is available, all programs and activities must be located on the ground floor.

d.

An on-site drop off and/or residential passenger zone is required. Stacked parking is permitted. The use of van or bus service is encouraged.

(3)

Child day care center.

a.

No child may remain on the premises of a child day care center for more than twenty-four (24) consecutive hours in one (1) stay.

b.

The following square footage of available indoor and outdoor play/instruction area is required for each child day care center:

1.

A minimum of thirty-five (35) square feet per child of available indoor play/instruction area, which includes all indoor classrooms and play areas available for use by the children, but does not include hallways, office space, restrooms, storage or food preparations areas. If rooms are used exclusively for dining or sleeping, they are not included in the play/instruction area.

2.

A minimum of thirty-seven and one-half (37.5) square feet per child of available outdoor play area. The outdoor play area includes all outdoor play areas on the site available for use by children, but does not include any area within the required front yard. This requirement is not subject to variances. Day care centers in the CBD are exempt from this requirement.

c.

An on-site drop off and/or residential passenger zone is required. Stacked parking is permitted. The use of van or bus service is encouraged.

d.

The outdoor play area must meet the following requirements:

1.

The outdoor play area must be enclosed to protect the children from traffic hazards on and off site and prevent the children from leaving the premises without proper supervision.

2.

If the child day care home is located adjacent to a residential district there must be a six-foot (6') solid fence around the play area adjacent to any abutting property line. Security fences must be provided where there are open cisterns, wells, ditches, fish ponds, swimming pools, and to separate the parking from any play area.

3.

A shade device (shade trees, overhangs, etc.) must be provided within the outdoor play area that covers at least twenty-five per cent (25%) of the outdoor play area.

4.

Play equipment provided must be maintained in good repair, and there must be a soft surface (grass, sand, mulch, mats, etc.) under all climbing equipment.

(d)

Day care home, adult or child.

(1)

General requirements.

a.

Each day care home must comply with all applicable state and federal regulations, including the Louisiana Administrative Code, and must provide all permits and licenses to the City of Monroe Director of Planning and Zoning before obtaining a certificate of occupancy.

b.

The amount of traffic or noise generated must not be excessive.

c.

The day care home must retain a residential character and must not alter the residential character of the neighborhood.

d.

Operation of the day care home must not adversely impact surrounding properties.

e.

An on-site drop-off and/or residential passenger zone must be provided. A residential driveway may be acceptable for this purpose, but may not be shared with any required parking area. The drop-off area must be located so that clients of the facility are dropped off in front of the facility; drop-off areas across the street from the facility do not meet this requirement.

f.

The number of children or adults permitted in a day care home is as follows:

1.

Day care home, small: Up to five (5) children or adults;

2.

Day care home, large: Six (6) to twelve (12) children or adults.

(2)

Adult day care home.

a.

No adult may remain on the premises of an adult day care home for more than twenty-four (24) consecutive hours in one (1) stay.

b.

A minimum of twenty-five (25) square feet of indoor space must be provided for each adult at the center, exclusive of kitchens, bathrooms, offices, halls, stairways, and storage areas.

(3)

Child day care home.

a.

No child may remain on the premises of a child day care home for more than twenty-four (24) consecutive hours in one (1) stay.

b.

The following square footage of available indoor and outdoor play/instruction area is required for each child day care center:

1.

A minimum of thirty-five (35) square feet per child of available indoor play/instruction area, which includes all indoor classrooms and play areas available for use by the children, but does not include hallways, office space, restrooms, storage or food preparations areas. If rooms are used exclusively for dining or sleeping, they are not included in the play/instruction area.

2.

A minimum of thirty-seven and one-half (37.5) square feet per child of available outdoor play area. The outdoor play area includes all outdoor play areas on the site available for use by children, but does not include any area within the required front yard. This requirement is not subject to variances.

c.

The outdoor play area must meet the following requirements:

1.

The outdoor play area must be enclosed to protect the children from traffic hazards on and off-site and prevent the children from leaving the premises without proper supervision.

2.

If the child day care home is located adjacent to a residential district there must be a six-foot (6') solid fence around the play area adjacent to any abutting property line. Security fences must be provided where there are open cisterns, wells, ditches, fish ponds, swimming pools, and to separate the parking from any play area.

3.

A shade device (shade trees, overhangs, etc.) must be provided within the outdoor play area that covers at least twenty-five per cent (25%) of the outdoor play area.

4.

Play equipment provided must be maintained in good repair, and there must be a soft surface (grass, sand, mulch, mats, etc.) under all climbing equipment.

(e)

Fraternity/sorority house.

(1)

Fraternity and sorority houses must be used and operated by a fraternal or sororal membership organization or association for residential and/or social uses only. Operations for which the chief activity is customarily carried on as a business are prohibited. The fraternal or sororal organization or association must be incorporated as such under the laws of the State of Louisiana.

(2)

Fraternity and sorority houses must be located on the campus of the institution that permits said fraternity/sorority, on a parcel immediately adjacent to the campus, or within one thousand feet (1,000') of the college or university.

(3)

No new fraternity or sorority houses located outside of the university campus are permitted within five hundred feet (500') of an existing fraternity or sorority house. Fraternity and sorority houses located on the campus of the institution are exempt from this separation requirement.

(4)

Fraternity and sorority houses located outside of the university campus must be located on a site of at least seven thousand two hundred (7,200) square feet.

(f)

Group home.

(1)

Group homes must be licensed by the State of Louisiana.

(2)

Group homes are subject to all local and federal regulations, and the regulations of the Louisiana Administrative Code.

(3)

Group homes must be located no closer than four hundred (400) feet from any other existing group home, as measured from a point of the lot line on which the use is proposed to be located to the nearest point on the lot line on which any other existing similar use is located.

(4)

A group home must encompass the entire structure.

(5)

The location, design and operation of a group home must not alter the residential character of a neighborhood. The facility must retain a residential character, which must be compatible with the surrounding neighborhood in scale and appearance.

(6)

Group homes are divided into the following sizes:

a.

Small group homes: Up to six (6) residents;

b.

Large group homes: Seven (7) to twelve (12) residents;

c.

Congregate group homes: Thirteen (13) or more residents.

(g)

Home occupation.

(1)

Purpose. The purpose of these regulations is to protect and maintain the residential character of established neighborhoods while recognizing that limited business activities may be carried on in the home, and may be compatible with the integrity of a residential neighborhood.

(2)

Home occupations must meet the following requirements:

a.

A home occupation must be conducted within the dwelling unit and not within any accessory structure. This includes, but not limited to, porches, balconies, carports, or garages.

b.

The home occupation shall be incidental to the use of the dwelling unit for residential purposes. No more than twenty-five per cent (25%) of the floor area of the residence or five hundred (500) square feet (whichever is less) may be used in connection with the home occupation.

c.

The person conducting the home occupation must live at this location, and consider the property as their primary residence. Proof of owner occupancy may be established by submission of proof of a homestead exemption.

d.

There shall be no sale of goods on premises in connection with said home occupation.

e.

The use shall not require additional off-street parking spaces for clients or customers of the home occupation.

f.

There shall be no advertising, display, or other exterior indications of a home occupation on the premises, other than one (1) sign attached to the dwelling unit itself. The sign shall be flat, non-illuminated, and shall not exceed one (1) square foot in area.

g.

No more than one (1) home occupation or business shall be conducted within a dwelling unit, and services shall be limited to one (1) client at a time. The hours of operation for a home occupation shall be limited to 8:00 am to 6:00 pm.

h.

Barber or beauty shops shall be limited to one (1) operator with no assistants, one (1) styling chair and one (1) shampoo bowl. Scheduling shall allow for one (1) appointment at a time only. All parking for customers and residents shall be located on the site.

i.

No toxic, explosive, flammable, combustible, corrosive, radioactive, or other restricted materials shall be used or stored on the site.

j.

The use shall not produce offensive noise, odors, vibrations, smoke, fumes, heat, or dust detectable to normal sensory perception beyond the premises.

k.

Storage of stock, supplies, and products shall be permitted only inside the premises where a home occupation is being operated. There shall be no outdoor storage of equipment or materials used in the home occupation.

l.

The use shall not create greater vehicular or pedestrian traffic than normal for the residential district in which it is located, as determined by the planning and zoning director or his/her designee.

(3)

Certificate of occupancy. An application for a certificate of occupancy for a home occupation shall be made to the planning and zoning division office on a form provided by the division. Inspection of the applicant's premises shall be made by the building inspector to determine compliance with these regulations before a certificate of occupancy shall be issued.

(4)

Permitted home occupations.

a.

Sales/manufacturing representative provided that only one (1) person residing at this location conducts such business and no retail or wholesale sales are conducted on the premises.

b.

Artist, author, craftsman, musician, photographer, sculptor or similar profession.

c.

Dressmaker, tailor or seamstress.

d.

Beautician, barber, or other personal service provider.

e.

Accountant, architect, doctor, lawyer, insurance agent, or similar profession provided that only one (1) person residing at this location conducts such business within the home.

(h)

Live entertainment and/or after-hours entertainment venue.

(1)

Live entertainment as an accessory use may only locate when allowed within the zoning district and only in conjunction with a bar, standard restaurant, or indoor amusement facility.

(2)

Live entertainment as an accessory use and after-hours entertainment venues must submit a summary of the number and location of places of worship, educational facilities, libraries, parks or playgrounds, and residential districts within three hundred feet (300') of the proposed location.

(3)

Live entertainment is subject to a closed doors and windows policy and compliance with the City of Monroe Noise Ordinance as enforced by the City of Monroe Police Department.

(i)

Manufactured housing.

(1)

General.

a.

A manufactured home shall be used only as a single-family dwelling.

b.

No manufactured housing unit shall be occupied for dwelling purposes unless it is connected to water, sanitary sewer, electrical and other facilities as may be necessary, prior to inspection and approval.

c.

For manufactured housing not located in a manufactured home district or PUD, individual lots shall contain no more than one (1) manufactured home, and shall meet the minimum requirements of the underlying zoning district to which a conventional single-family residential dwelling on the same lot would be subjected.

d.

Any manufactured home placed upon a residential lot shall be no more than twenty (20) years old.

(2)

Manufactured housing, class A.

a.

The manufactured home shall be new and shall have been manufactured within the previous twelve (12) month period.

b.

The manufactured home shall be a minimum of twenty-four feet (24') in width.

c.

The manufactured home shall be placed on a permanent foundation and enclosed with skirting at the perimeter to meet the following requirements:

1.

Individual manufactured homes shall be skirted around the perimeter of the unit to conceal the underbody from view in a manner compatible with the appearance and construction of the manufactured home.

2.

Skirting shall be vented for airflow and drainage, and be manufactured of certified fire-resistant material.

3.

Skirting shall be installed in a manner to resist damage under normal weather conditions and shall be properly maintained.

4.

All skirting shall be installed before the issuance of a certificate of occupancy.

d.

The manufactured home shall have exterior siding and roofing which in color, material and appearance that is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings.

(3)

Manufactured housing, class B.

a.

The manufactured home shall have been manufactured more than twelve (12) months ago.

b.

The manufactured home shall be a minimum of twenty-four feet (24') in width.

c.

The manufactured home shall be placed on a permanent foundation and enclosed with skirting at the perimeter to meet the following requirements:

1.

Individual manufactured homes shall be skirted around the perimeter of the unit to conceal the underbody from view in a manner compatible with the appearance and construction of the manufactured home.

2.

Skirting shall be vented for airflow and drainage, and be manufactured of certified fire-resistant material.

3.

Skirting shall be installed in a manner to resist damage under normal weather conditions and shall be properly maintained.

4.

All skirting shall be installed before the issuance of a certificate of occupancy.

d.

The manufactured home shall have exterior siding and roofing which in color, material and appearance that is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings.

(j)

Pay-day loan agency/check cashing facility.

(1)

A pay-day loan agency or check cashing facility, as defined in section 37-21 of this ordinance, is not permitted within one-thousand feet (1,000') of any other pay-day loan agency or check cashing facility.

(2)

Drive-through facilities are prohibited.

(k)

Used tire stores.

(1)

By January 31st of every year, the certificate of occupancy (CO) shall be renewed for all retail used tire facilities. The renewal may be granted if the dealer has remained in compliance with all the conditional use (minor) requirements during the previous year. Standard CO fees shall apply for the yearly renewal. Failure of renewal of the CO or non-compliance during the previous year, are grounds for revocation or denial of the business's certificate of occupancy and occupational license.

(2)

A schedule of regular pick-up of scrap tires shall be provided to the planning and zoning division office. Tire pick-up and disposal shall be by a licensed carrier and evidence of disposal at a properly licensed disposal site, such as a disposal receipt, shall be provided to the planning and zoning office prior to renewal of the certificate of occupancy. Scrap tires shall be disposed of at a minimum of every three (3) months unless otherwise approved by the planning and zoning office.

(3)

Storage of no more than one hundred fifty (150) waste tires, at any one time, shall be stored inside the primary building (fully enclosed) or inside a fully enclosed accessory building (no higher than one (1) story and five hundred (500) square feet) will be allowed if the tires cannot fit inside the main building so that all tires are shielded from the elements at all times. Movable trailers or other similar vehicles shall be not allowed for use as permanent tire storage. Outdoor storage of any kind is prohibited.

(4)

Storage of tires within the service bay area shall not be in a manner that prohibits the removal or installation of tires in the service bay area.

(5)

Separate waste tires from any tires offered for sale by the business.

(6)

Notwithstanding the prohibition contained in section 37-76(h)(1)d, the outdoor display of tires is limited to the building frontage only and no more than twenty (20) tires at any given time. Display tires shall not be placed in the right-of-way and shall be stored either in the main building or an accessory structure during closing hours.

(7)

The removal and installation of tires shall not be conducted in parking lots or within the building frontage, as defined in this code. Removal and installation are required to take place in a service bay. This is also required of all auto repair facilities.

(8)

Existing tire dealers shall comply with all the above requirements no later than April 23, 2019.

(9)

Used tire dealers must prominently display the notification provided by the Louisiana Department of Environmental Quality in a public area of the business.

(10)

The Monroe Fire Department must inspect any area used for the storing of tires in addition to whatever other inspections are required. A report should be furnished to the planning and zoning division office.

(11)

Used tire dealers shall comply with all applicable State of Louisiana requirements.

(12)

Violations: See section 37-131.

(l)

Tent sales with storage and/or security structure.

(1)

Is limited to a maximum of 200 [square feet].

(2)

The structure may remain on site for the duration of the sales period but not more than forty-five (45) days.

(m)

Restaurants. Full-service restaurants may need to obtain a conditional use permit depending on what zoning classification it is located in.

(n)

Mini-warehouse.

(1)

Purpose. Mini-warehouses shall be used be for storage purposes only and shall not be used as living quarters or residences.

(2)

Setbacks. No building, structure or wall shall be located closer than twenty-five (25) feet from any right-of-way.

(3)

Exterior.

a.

Mini-warehouse facility layout, design, and exterior building materials and treatment for all structures including, but not limited to, fences, walls, gates, buildings, and landscaping shall be of high quality and design and be aesthetically pleasing when viewed from adjacent properties and the public right-of-way. If the mini-warehouse requires a major or minor conditional use permit to be located in a zoning district, renderings of the site, including elevations, exterior design, signage, and fencing, shall be submitted at the time the conditional approval is sought and will be subject to the approval of the planning commission and city council. If the mini-warehouse is being located in a permissive zoning district, the planning and zoning director shall review and approve all renderings prior to issuing the certificate of occupancy.

b.

Buildings shall be designed and located so that compartment doors or openings and any interior driveways within mini-warehouse facilities are not visible from the adjacent public right-of-way or residential areas. This provision does not apply to doors that are within an enclosed self-storage building and that are visible only through the windows of the building.

c.

All accessory structures shall be compatible with the principal use and adhere to all city rules and regulations governing accessory structures.

(4)

Interior Driveways. Interior driveways shall be at least twenty-five (25) feet wide to be used for internal circulation and temporary customer parking/loading/unloading while using individual compartments.

(5)

Fencing. Mini-warehouse facilities must completely be enclosed with at least a six-foot-high fence constructed in accordance with section 37-76(f).

(6)

Compliance with Other Guidelines. In addition to the standards and requirements set forth in this section, mini-warehouse facilities shall also comply with all other generally applicable standards and design guidelines, including those for landscaping, parking, and signage.

(7)

Additional Development Requirements. Additional development standards may be required by the planning commission or city council as conditions of approval.

(8)

Prohibited Materials. The following materials shall not be stored in mini-warehouses:

a.

Flammable or explosive material;

b.

Matter or material which creates obnoxious dust, odor, or fumes; and

c.

Toxic, hazardous, or noxious materials.

(9)

Prohibited Facilities.

a.

No water, sanitary facilities, or electricity, with the exception of lighting fixtures, shall be provided in individual compartments.

b.

Prefabricated shipping containers shall not be used as mini-warehouse facilities.

(o)

Sober living homes.

(1)

Sober living homes must be located no closer than six hundred fifty (650) feet from any other existing sober living home, as measured from a point of the lot line on which the use is proposed to be located to the nearest point on the lot line on which any other existing similar use is located.

(2)

If the sober living home operator is not the property owner, written approval from the property owner to operate a sober living home at the property.

(3)

The property must be fully in compliance with all building codes, municipal code and zoning.

(4)

The location, design and operation of the sober living home must not alter the residential character of a neighborhood. The facility must retain a residential character, which must be compatible with the surrounding neighborhood in scale and appearance.

(5)

All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Occupants and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within 500 feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the sober living home.

(6)

The sober living home must have a house manager or operator who is present at the sober living home or available on a 24-hour basis and who is responsible for the day-to-day operation of the sober living home. The house manager or operator shall have at least one year of continuous sobriety.

(7)

The sober living home may not accept residents, other than a house manager, who are not recovering alcoholics or drug addicts.

(8)

Establish written intake procedures and a policy or procedure concerning occupant relapse.

(9)

Sober living homes must establish and maintain rules and regulations that:

a.

Require all occupants, other than the house manager/operator, to participate in legitimate recovery programs, including but not limited to, Alcoholics Anonymous or Narcotics Anonymous, and the sober living home must maintain current records of meeting attendance.

b.

Prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict or alcoholic either on or off site.

c.

Govern the possession, use and storage of prescription medications and that prohibits the possession or use of prescription medications except for the person to whom they are prescribed, and in the amounts/dosages prescribed.

d.

Preclude any visitors who are under the influence of any drug or alcohol.

e.

Direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling, including a written protocol for the house manager/operator to follow when a neighbor complaint is received.

f.

Provide that violation of any rules and regulations shall be cause of eviction and have provisions in place to remove violators from the premises.

g.

Shall be posted on site in a common area inside the dwelling.

(10)

The number of occupants in the sober living home shall not exceed six (6) occupants in the aggregate or two (2) occupants per bedroom, whichever is greater.

(11)

The sober living home shall not provide any licensed services, including but not limited to detoxification; treatment; residential care; behavioral health; mental health counseling; educational counseling; individual or group counseling sessions; treatment or recovery planning; institutional care; or any other licensed healthcare service regulated by state law or Title 48 of the Louisiana Administrative Code.

(12)

Prior to an occupant's eviction from or involuntary termination of residency in a sober living home, the operator shall also:

a.

Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home;

b.

Provide transportation to the address listed on the occupant's driver license, state issued identification card, or the permanent address identified in the occupant's application or referral to the sober living home;

c.

Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another sober living home or residential care facility that has agreed to accept the occupant.

(13)

Notwithstanding any other procedural requirements imposed by this Chapter, including Section 37-130(f), where a minor conditional use permit is required to establish a sober living home, such permit shall be issued administratively by the Planning and Zoning Director, or their designee, upon a determination that the requirements of this subsection have been met. All other procedural requirements of Section 37-130(f) not inconsistent with the provisions of this subsection shall remain applicable.

(14)

The use may be denied, and if already issued may be revoked, upon a determination, after a hearing by the Planning and Zoning Director, that any of the following additional circumstances exist:

a.

Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety.

b.

The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.

c.

The owner/operator accepts residents, other than a house manager, who are not recovering alcoholics or drug addicts.

d.

For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations.

(15)

An applicant may seek relief from the strict application of this section by submitting an application to the Planning and Zoning Director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws.

(16)

Compliance. Sober living homes must comply with the provisions of this subsection in accordance with the following:

a.

Sober living homes that are in existence on October 14, 2025, shall have one year to comply with the provisions of this subsection, provided that any existing sober living home which is serving more than the maximum number of occupants shall first comply with the maximum number of occupants.

b.

Sober living homes that are in existence on October 14, 2025, shall apply for a minor conditional use permit, if applicable, no later than January 1, 2026. The Planning and Zoning Director, or their designee, may conditionally grant the minor conditional use permit pending compliance with the provisions of this subsection, provided however, that such conditional approval shall not extend past October 14, 2026.

c.

Sober living homes that are in existence on October 14, 2025, shall be eligible for a minor conditional use permit notwithstanding the minimum distance requirement, provided that the property owner can establish that the property was being used as a sober living home prior to October 14, 2025, and that the imposition of the permit requirement would cause an undue hardship to the existing sober living home.

d.

Existing sober living homes obligated by a written lease exceeding one year from October 14, 2025, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional years grace period upon the approval of the Planning and Zoning Director or their designee.

e.

Sober living homes established on or after October 14, 2025, must comply with the provisions of this subsection.

(Ord. No. 11,443, 11-12-13; Ord. No. 11,840, 4-10-18; Ord. No. 11,883, 10-23-18; Ord. No. 11,964, 11-12-19; Ord. No. 12,085, 10-26-21; Ord. No. 12,197, 9-26-23; Ord. No. 12,277, 10-28-25)