Pierson commission adopts code language for certified recovery residences, sets occupancy guideline

The Pierson Planning Commission on June 28 approved an ordinance to add general provisions to the town’s land development code addressing accommodations, including certified recovery residences. Planning staff explained state law preempts local prohibition of certified recovery residences and the town’s ordinance instead establishes criteria and an administrative review path.

Rebecca Caro told the commission the town "cannot prevent a certified recovery residence from being established within town limits" and that the proposed text mirrors state licensing definitions. Caro said the ordinance would allow the town to set structure‑focused rules (for example, limiting how the structure is classified) while treating recovery residences as residential uses rather than commercial enterprises.

The draft includes an occupancy guideline that staff noted could be written as a limit of "2 people per bedroom or 1 person per 200 gross square feet of livable space, whichever is greater." Commissioners asked who would enforce standards and how the town would monitor occupancy; staff said the land development administrator (town clerk) would review plans and that longer‑term code enforcement practices would be a council‑level matter. A commissioner raised concern about legal vulnerability if the town did not add code language—staff said including the provisions helps protect the town from ADA/Fair Housing complaints.

Chair Paul Hartel moved to accept the ordinance; Commissioner Kelly Green seconded. The commission approved the motion and will forward the amendment to council. The transcript records passage but does not include a full roll‑call tally.