Submitted By: Emily W. Johnson, AICP
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Presentation By: Aubrey Hale
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Public Hearing to change the code of ordinances by amending the definitions, permitted uses chart, and supplemental regulations pertaining to Congregate Living Facilities and Short Term Rental Residences (COD25-0001).
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
City staff prepared an amendment to the Code of Ordinances in response to questions and concerns raised by the general public pertaining to community residential homes (often referred to as “sober homes” and “halfway houses”), fraternity or sorority houses, rooming/boarding houses, community work release facilities, transitional recovery facilities/recovery residences, transitional treatment facilities/residential treatment facilities, and addictions receiving facilities (therein collectively referred to as “congregate living facilities”), as well as short term rental residences.
The Ordinance proposes changes to the use definitions, permitted uses chart, and supplemental regulations as further outlined below. The Ordinance revises terminology pertaining to recovery residences and residential treatment facilities and incorporates exemptions to be consistent with state statutes. For ease of reference, staff has incorporated color coding to the redlined Ordinance; blue indicates proposed changes, red indicates deletions, while green indicates that the use is remaining unchanged but relocated.
Additionally, recent changes in state law, including the adoption of Senate Bill (SB) 954, are anticipated to take effect on July 1, 2025. SB 954 requires the city council to adopt an ordinance establishing procedures for the review and approval of recovery residences which receive voluntary certification from the Florida Association of Recovery Residences (FARR) pursuant to F.S. 397.487. Additionally, SB 954 stipulates that the ordinance must grant reasonable accommodations from the strict application of the Code of Ordinances to such facilities; the ordinance cannot require a public hearing as part of the procedure. The proposed Ordinance incorporates a waiver process consistent with SB 954.
Short term rental residences:
• Creates a use and definition under Section 122-3 for short term rental residences and categorizes the use as a residential operation permitted in any zone designated for single-family or multi-family residential development.
• Establishes supplemental district regulation under a new Section 122-1231 which requires the owner of any short term rental residence to obtain a business tax receipt, as appropriate.
• Table of permitted uses and legend (Section 122-287) updated to reflect the short term rental residences and reference supplemental regulations.
• Applicable zoning districts updated to reflect short term rental residences.
Congregate Living Facilities:
• Creates a new district use category under Section 122-2A for “congregate living facilities” which includes the following uses:
o Community work release facilities
o Community residential homes
o Fraternity or sorority house
o Rooming/boarding house
o Recovery residence
o Residential treatment facility
• Establishes definitions under Section 122-3 for an addictions receiving facility, recovery residence (previously “transitional recovery facility”), and residential treatment facility (previously “transitional treatment facility”).
• Amends the definitions under Section 122-3 of assisted living facility, bed and breakfast, community residential home, fraternity or sorority house, and rooming/boarding house.
• Updates the table of permitted uses and legend (Section 122-287) to reflect:
o Reclassification of uses from residential operation and health care uses to the congregate living facility district use category.
o Recovery residences and residential treatment facilities to require a special exception in the B-2A, Limited Community Business, zoning district.
o Residential treatment facilities to be allowed by special exception in the OP, Office Park, zoning district.
o References to supplemental regulations for congregate living facilities.
• Amends the supplemental regulations pertaining to assisted living facilities and transitional recovery facilities to remove references to transitional recovery facilities (Section 122-1198). Regulations for assisted living facilities will remain in place.
• Repeals and reserves supplemental regulations pertaining to transitional treatment facilities, rooming/boarding houses, and fraternity or sorority houses (Sections 122-1207, 122-1210, and 122-1219).
• Establishes standardized supplemental regulations under a new Section 122-1230 for congregate living facilities, including applicability, general requirements, special exception requirements, separation requirements, waivers for certified recovery residences pursuant to F.S. 397.487, and existing/non-conforming uses.
• Requires special exceptions for congregate living facilities to be considered by City Council instead of Board of Adjustment.
• Allows for the City Manager, or designee, to administratively grant a waiver from the strict application of the code for recovery residences which receive voluntary certification under F.S. 397.487. This process is consistent with SB 954.
FINDINGS AND CONCLUSIONS:
• Existing regulations for assisted living facilities and community work release facilities will remain in place and are unaffected by this Ordinance.
• The proposed amendments to the uses, definitions, and supplemental regulations are consistent with state statutes pertaining to community residential homes, recovery residences, residential treatment facilities, and transient public lodging establishments.
• The proposed amendment will require recovery residences and residential treatment facilities to obtain a special exception in the B-2A, Limited Community Business, zoning district.
• The proposed amendment will require any special exception required for a congregate living facility use to be considered by City Council, instead of the Board of Adjustment.
• The proposed amendment allows for the City Manager, or designee, to administratively grant a waiver for reasonable accommodations from the strict application of the Code of Ordinances for recovery residences certified under F.S. 397.487, consistent with recent legislation (Senate Bill 954).
• The proposed amendment would allow for residential treatment facilities to be allowed by special exception in the OP, Office Park, zoning district.
• The proposed amendment would allow for addictions receiving facilities to be allowed by-right in the INST, Institutional, zoning district, and by special exception in the OP, Office Park, zoning district, consistent with the zoning applicable to hospitals and health care uses providing acute inpatient healthcare services.
• The proposed amendment would permit short term rental residences in any zoning district designated for single-family or multi-family residential development.
• The proposed amendment requires short term rental residences and congregate living facilities to obtain a business tax receipt pursuant to Chapter 62, Article 3 of the Code of Ordinances.
• The proposed amendment addresses provisions for existing and non-conforming uses and does not conflict with the Property Rights Element of the Comprehensive Plan.
Staff recommends approval.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW:
The ordinance has been reviewed by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table