As Introduced

136th General Assembly

Regular Session H. B. No. 997

2025-2026

Representative Lorenz

To enact section 5119.398 of the Revised Code regarding recovery housing residences and zoning.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 5119.398 of the Revised Code be enacted to read as follows:

Sec. 5119.398. (A) Any person or government entity may operate a recovery housing residence that is for one to five unrelated persons as a permitted use in any residential district or zone, including any single-family residential district or zone of any political subdivision. Such residences may be required to comply with area, height, yard, and architectural compatibility requirements that are uniformly imposed upon all single-family residences within the district or zone.

(B) Any person or government entity may operate a recovery housing residence that is for six or more unrelated persons as a permitted use in any multiple-family residential district or zone of any political subdivision, except that a political subdivision that has enacted a zoning ordinance or resolution establishing planned-unit developments as defined in section 519.021 of the Revised Code may exclude such residences from such districts, and a political subdivision that has enacted a zoning ordinance or resolution may regulate such residences in multiple-family residential districts or zones as a conditionally permitted use or special exception, in either case, under reasonable and specific standards and conditions set out in the zoning ordinance or resolution to do either or both of the following:

(1) Require the architectural design and site layout of the residence and the location, nature, and height of any walls, screens, and fences to be compatible with adjoining land uses and the residential character of the neighborhood;

(2) Require compliance with yard, parking, and sign regulation.

(C) Divisions (A) and (B) of this section do not affect any right of a political subdivision to permit a person or government entity to operate a recovery housing residence in a single-family residential district or zone under conditions established by the political subdivision.

(D)(1) Notwithstanding divisions (A) and (B) of this section and except as provided in division (D)(2) of this section, a political subdivision that has enacted a zoning ordinance or resolution may limit the excessive concentration of recovery housing residences.

(2) This section does not authorize a political subdivision to prevent or limit the continued existence and operation of recovery housing residences existing and operating on the effective date of this section. A political subdivision may consider the existence of such residences for the purpose of limiting the excessive concentration of such residences.