ORDINANCE
STATE OF LOUISIANA NO. 12,277
CITY OF MONROE
The following Ordinance was introduced by Harvey , who moved for its adoption, and was seconded by Ezernack :
AN ORDINANCE AMENDING SECTIONS 37-21 (DEFINITIONS), 37-36 (TABLE 3:1; RESIDENTIAL USE DISTRICTS), SECTION 37-37 (TABLE 3:3; COMMERCIAL USE DISTRICTS), AND SECTION 37-92 (USE STANDARDS) OF THE MONROE CITY CODE TO ESTABLISH SOBER LIVING HOMES AND FURTHER PROVIDING WITH RESPECT THERETO.
WHEREAS, Chapter 37 of the City of Monroe Code, entitled “Zoning,” contains the Comprehensive Zoning Ordinance for the City of Monroe;
WHEREAS, the rules and regulations contained in the Comprehensive Zoning Ordinance are intended to safeguard the health, property and public welfare by controlling the design, location, use or occupancy of all buildings and structures through the regulated and orderly development of land, and land uses within this jurisdiction;
WHEREAS, state and federal law prohibit the enforcement of zoning ordinances which would on their face discriminate or have the effect of discriminating against equal housing opportunities for the handicapped;
WHEREAS, the City seeks to ensure through its Comprehensive Zoning Ordinance that handicapped persons have the opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non-handicapped;
WHEREAS, state and federal law also require that the City provide reasonable accommodations to its zoning ordinances if such accommodation is necessary to afford a handicapped person an equal opportunity to use and enjoy a dwelling;
WHEREAS, recovering alcoholics and drug addicts, who are not currently using alcohol or drugs, may be considered handicapped under both state and federal law;
WHEREAS, over the past several years, the City has seen a significant increase in the number of single- and multi-family homes being utilized as alcohol and drug recovery dwellings for large numbers of individuals, which are commonly referred to as “sober living homes”;
WHEREAS, the Comprehensive Zoning Ordinance does not establish sober living homes as a permitted use, and there are no existing zoning or supplementary use standards for sober living homes;
WHEREAS, the purpose of sober living homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they have the opportunity to reside in the residential neighborhood of their choice;
WHEREAS, the increase in the number of sober living homes has generated secondary impacts including, but not limited to, neighborhood overcrowding; nuisance complaints; and the clustering of sober living facilities in close proximity to each other creating near neighborhoods of sober living homes;
WHEREAS, the increase in the number of sober living homes has also led to an overconcentration of sober living homes in certain of the City’s residential neighborhoods, which may be deleterious to the residential character of these neighborhoods and may also lead to the institutionalization of such neighborhoods;
WHEREAS, because of their transient populations, above normal numbers of individuals/adults residing in a single dwelling, and the lack of regulations, sober living homes may present problems not typically associated with more traditional residential uses, including but not limited to: the housing of large numbers of unrelated adults who may or may not be supervised; disproportionate numbers of cars associated with a single housing unit, which causes disproportionate traffic and utilization of on-street parking; excessive noise and outdoor smoking, which interferes with the use and enjoyment of neighbors’ use of their property; neighbors who have little to no idea who does and does not reside in the home; little to no participation in community activities that form and strengthen neighborhood cohesion; and disproportional impacts from the average dwelling unit to nearly all public services, including sewer, water, transportation infrastructure, fire and police;
WHEREAS, housing inordinately large numbers of unrelated adults in a single dwelling or congregating sober living homes in close proximity to each other does not provide the handicapped with an opportunity to live in normal residential surroundings;
WHEREAS, notwithstanding the above, the City recognizes that, when operated responsibly, sober living homes provide a societal benefit by providing the handicapped the opportunity to live in residential neighborhoods, as well as providing recovery programs for individuals attempting to overcome their drug and alcohol addictions, and that therefore providing greater access to residential zones to sober living homes than to group homes or boardinghouses or any other type of group living provides a benefit to the City and its residents;
WHEREAS, without some regulation there is no way of ensuring that the individuals entering into a group home are handicapped individuals and entitled to reasonable accommodation under local and state law; that a group home is operated professionally to minimize impacts to the surrounding neighborhood; and that the secondary impacts from over concentration of both group homes in a neighborhood and large numbers of unrelated adults residing in a single facility in an individual home are lessened;
WHEREAS, in enacting this Ordinance, the City is attempting to strike a balance between the City’s and residents’ interests of preserving the characteristics of residential neighborhoods and to provide opportunities for the handicapped to reside in such neighborhoods that are enjoyed by the non-handicapped;
WHEREAS, the residents of group and sober living homes come to the City from all parts of the state and country, often lack established ties to the community, often lack a local support system independent of the sober living home, and are especially vulnerable to becoming homeless upon eviction, with some residents in fact becoming homeless within the City;
WHEREAS, it is also a purpose intent of this Ordinance to require that operators of sober living homes provide the residents information regarding the available local housing resources prior to eviction from a home; and
WHEREAS, the City Council has also considered the recommendation of the Monroe Planning Commission, which recommended approval of the amendments by a 4-0-1 vote (TAM 100-25).
NOW, THERFORE, BE IT ORDAINED by the City Council of the City of Monroe, Louisiana, in legal session convened, that Section 37-21 is hereby amended to include the definition of “sober living home,” which shall be included between the definitions for “Site plan” and “Social club or lodge” and read as follows:
Sec. 37-21. – Definitions.
Sober living home: A home for persons who are recovering from a drug and/or alcohol addiction and who are considered handicapped under state or federal law. Sober living homes shall not include the following: (1) rehabilitative care centers; (2) residential care centers; (3) group or community homes; (4) or halfway houses.
BE IT FURTHER ORDAINED by the City Council of the City of Monroe, Louisiana, in legal session convened, that Section 37-36, Table 3:1 Residential Districts Permitted and Conditional Uses, is hereby amended to include a row for “Sober living home” between “Park or Playground” and “Transitional Housing” that reads as follows:
Sec. 37-36. – Residential use districts.
|
Table 3.1: Residential District Permitted and Conditional Uses |
||||||
|
Uses |
Districts |
Use Standards |
||||
|
R-1 |
R-2 |
R-3 |
R-4 |
RMH |
||
|
Sober Living Home |
Cm |
Cm |
P |
P |
Subsection 37-92(o) |
|
BE IT FURTHER ORDAINED by the City Council of the City of Monroe, Louisiana, in legal session convened, that Section 37-37, Table 3:3 Commercial Districts Permitted and Conditional Uses, is hereby amended to include a row for “Sober living home” between “Retail Manufacturing” and “Shelter” that reads as follows:
Sec. 37-37. Commercial use districts.
|
Table 3.3: Commercial Districts Permitted and Conditional Uses |
||||||
|
Uses |
Districts |
Use Standards |
||||
|
B-1 |
B-2 |
B-3 |
CBD |
B-4 |
||
|
Sober Living Home |
P |
Subsection 37-92(o) |
||||
BE IT FURTHER ORDAINED by the City Council of the City of Monroe, Louisiana, in legal session convened, that Section 37-92 is hereby amended by adding a subsection, to be numbered Section 37-92(o), which reads as follows:
Sec. 37-92. – Use standards.
Sober Living Homes
- 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.
- 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.
- The property must be fully in compliance with all building codes, municipal code and zoning.
- 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.
- 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.
- 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.
- The sober living home may not accept residents, other than a house manager, who are not recovering alcoholics or drug addicts.
- Establish written intake procedures and a policy or procedure concerning occupant relapse.
- Sober living homes must establish and maintain rules and regulations that:
- 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.
- 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.
- 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.
- Preclude any visitors who are under the influence of any drug or alcohol.
- 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.
- Provide that violation of any rules and regulations shall be cause of eviction and have provisions in place to remove violators from the premises.
- Shall be posted on site in a common area inside the dwelling.
- 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.
- 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.
- Prior to an occupant’s eviction from or involuntary termination of residency in a sober living home, the operator shall also:
- 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;
- 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;
- 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.
- 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.
- 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:
- 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.
- 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.
- The owner/operator accepts residents, other than a house manager, who are not recovering alcoholics or drug addicts.
- For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations.
- 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.
- Compliance. Sober living homes must comply with the provisions of this subsection in accordance with the following:
- 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.
- 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.
- 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.
- 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.
- Sober living homes established on or after October 14, 2025, must comply with the provisions of this subsection.
This Ordinance was introduced on September 23, 2025.
Notice published on September 26, 2025 and October 17, 2025.
This Ordinance having been submitted in writing, introduced, and published, was then submitted to a vote as a whole, the vote thereon being as follows:
AYES: Harvey, Ezernack, Woods, McFarland & Muhammad
NAYS: None.
ABSENT: None.
And the Ordinance was declared ADOPTED on October 28, 2025.
Rodney McFarland, I
CHAIRPERSON
Carolus S. Riley
CITY CLERK
Oliver Friday Ellis
MAYOR’S APPROVAL
______________________________
MAYOR’S VETO