§ 158.224. Community Residential Homes, and Group Care Homes.

(A)

Community Residential Homes with six or fewer residents. Homes of six or fewer residents which otherwise meet the definition of a Community Residential Home shall be deemed a single-family unit and a noncommercial residential use for the purpose of this section. Homes of six or fewer residents which otherwise meet the definition of a Community Residential Home shall be allowed in single-family or multifamily zoning districts, provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents.

Prior to licensure, the sponsoring agency shall provide the City Manager or her/his designee with the most recently published data compiled from the licensing entities that identifies all Community Residential Homes within the City limits in which the proposed home is to be located in order to show that there is not a home of six or fewer residents which otherwise meets the definition of a Community Residential Home is within a radius of 1,000 feet and not a Community Residential Home within a radius of 1,200 feet of the proposed home. At the time of home occupancy, the sponsoring agency must notify the City that the home is licensed by the licensing entity in accordance with Florida Statute Section 419.001(2).

(B)

Community Residential Homes with seven to fourteen residents. When a site selection for a proposed Community Residential Home has been selected in an area zoned for multifamily or a multifamily PUD, the sponsoring agency and/or the licensing entity shall notify the City Manager or her/his designee in writing and include in such notice the proposed Community Residential Home's address, the residential licensing category, the number of residents and the community support requirements of the program. The notice shall also include a statement from the licensing entity indicating the licensing status of the proposed Community Residential Home and specifying how the home meets the applicable licensing criteria for the safe care and supervision of the residents in the home. The sponsoring agency shall also provide the City Manager or her/his designee with the most recently published data compiled from the licensing entities that identifies all Community Residential Homes within the City limits in which the proposed Community Residential Home is to be located.

(1)

Review. The City Manager or her/his designee shall review the notification of the sponsoring agency within sixty (60) days of submission. Pursuant to the said review, the City Manager or her/his designee may: (a) determine that the siting of the home is in accordance with the City's applicable zoning and approve the siting; (b) fail to respond within sixty (60) days (if the City Manager or her/his designee fails to respond within such time, the sponsoring agency may establish the home at the site selected); (c) deny the siting of the home.

(2)

Denial. The City Manager or her/his designee may deny the siting of the proposed Community Residential Home if:

(a)

The home is located within a radius of 1,200 feet of another Community Residential Home or within 500 feet of existing areas of single- family zoning;

(b)

Does not conform with existing zoning regulations applicable to other multifamily uses in the area; and

(c)

Does not comply with the applicable licensing criteria established by the licensing entity, including the requirements that the home be located to assure the safe care and supervision of all residents in the home.

(3)

Notice of Denial. If the City Manager or her/his designee has reasonable cause to believe that there are grounds to deny a permit applied for the City Manager or her/his designee shall provide written notice of the denial, including the grounds for the denial. Written notice shall be by United States Certified Mail with return receipt requested.

(C)

Planned Residential Communities. Community Residential Homes, including homes of six or fewer residents which would otherwise meet the definition of a Community Residential Home, which are located within a planned residential community are not subject to the proximity requirements of this section and may be contiguous to each other. However, planned residential communities must comply with the City's land development code and other applicable ordinances.

(D)

Distance Requirements. All distance requirements for Community Residential Homes shall be measured from the nearest point of the existing home or area of single-family zoning to the nearest point of the proposed home.

(E)

Application Required. All individuals and/or entities ("Applicant") wishing to operate a Community Residential Home and/or homes of six or fewer residents which otherwise meet the definition of a Community Residential Home in the City limits, shall submit an application to the Director of Neighborhood Services prior to licensure by the licensing entity. By submitting an application, the Applicant is agreeing to allow the City, in the City's sole discretion, to conduct an inspection to determine compliance with the Florida Building Code. Within ten (10) days of receipt of a completed application, the Director of Neighborhood Services shall determine whether the site complies with the zoning and spacing regulations. If the site complies, the Director of Neighborhood Services shall issue a letter indicating the aforementioned and will reserve the site for a period of six (6) months.

(F)

Application Renewal. Prior to the expiration of the six month timeframe noted above but not prior to the last day of the fifth month, an Applicant may request that the Director of Neighborhood Services extend the reservation for a period of an additional six (6) months for good cause. Within ten (10) days of a request for an extension of a reservation, the Director of Neighborhood Services shall determine if good cause exists and issue a letter indicating her/his decision. Reservations can be renewed every six (6) months thereafter for a maximum of eighteen (18) months.

(G)

Application Renewal Upon Licensure. Once a Community Residential or a home of six or fewer residents which otherwise meets the definition of a Community Residential Home has been licensed by the licensing entity, an application must be renewed with the City annually thereafter. By submitting a renewal, the Applicant is agreeing to allow the City, in the City's sole discretion, to conduct an inspection to determine compliance with the Florida Building Code.

(H)

Assisted Living Facility. An assisted living facility (ALF) shall comply with the requirements of Chapter 429, pt. I., Florida Statutes.

(I)

Group Care Homes. All group care homes shall be licensed by or registered with the State. Group care homes must be separated by a minimum distance of one thousand (1,000) feet as measured from the closest property line of each facility or dwelling unit.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 15-85, § 1, 12-7-15; Ord. No. 17-16, § 3, 3-13-17)

Editor's note

Ord. No. 15-85, § 1, adopted December 7, 2015, amended § 158.224, to read as set out herein. Previously § 158.224 was titled "Foster Care Homes, Congregate Living Facilities and Group Care Homes."