Ord 23-01ORDINANCE NO. 23-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.3, "DISTRICT
REGULATIONS, GENERAL PROVISIONS," SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES" OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
REPEALING SUBSECTION (I), "FOSTER HOMES AND GROUP
HOMES", AND ENACTING A NEW SUBSECTION (I),
"COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES", TO
PROVIDE FOR REGULATION OF GROUP HOMES AND
COMMUNITY RESIDENTIAL HOMES; AMENDING SECTION 4.4.1,
"AGRICULTURE ZONE DISTRICT (A)", SUBSECTION 4.4.1(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED"; AMENDING
SECTION 4.4.2, "RURAL RESIDENTIAL (RR) ZONE DISTRICT",
SUBSECTION 4.4.2(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED"; AMENDING SECTION 4.4.3, "SINGLE FAMILY
RESIDENTIAL (R-l) DISTRICTS", SUBSECTION 4.4.3(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED"; AMENDING
SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT,"
SUBSECTION 4.4.5(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED", SUBSECTION 4.4.5(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; AMENDING SECTION 4.4.6, "MEDIUM
DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(B),
"PRINCIPAL USES AND STRUCTURES PERMI~-FED,
SUBSECTION 4.4.6(D),
STRUCTURES ALLOWED";
"GENERAL COMMERCIAL
4.4.9(B), "PRINCIPAL USES
SUBSECTION 4.4.9(D),
"CONDITIONAL USES AND
AMENDING SECTION 4.4.9,
(GC) DISTRICT", SUBSECTION
AND STRUCTURES PERMITTED",
"CONDITIONAL USES AND
STRUCTURES ALLOWED"; BY AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION 4.4.13(D),
"CONDITIONAL USES AND STRUCTURES ALLOWED";
AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO)
DISTRICT," SUBSECTION 4.4.17(B), "PRINCIPAL USES AND
STRUCTURES PERMITTED", SUBSECTION 4.4.17(C),
"ACCESSORY USES AND STRUCTURES PERMITTED",
SUBSECTION 4.4.17(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; AMENDING SECTION 4.4.21,
"COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION
4.4.21(B), "PRINCIPAL USES AND STRUCTURES ALLOWED",
SUBSECTION 4.4.21(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; AMENDING SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD),
SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES",
SUBSECTION 4.4.24(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED" TO PROVIDE FOR THE REGULATION
OF GROUP HOMES AND COMMUNITY RESIDENTIAL HOMES;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Chapter 419, Florida Statutes was amended to provide for a category of use
entitled "Community Residential Homes"; and
WHEREAS, the City's Land Development Regulations require revision in order to
incorporate the category of "Community Residential Homes"; and
WHEREAS, the regulation of land use matters is a matter of great local concern and
impacts upon the health, safety and welfare of the City's residents; and
WHEREAS, schools and other places where children are located in large or
disproportionate numbers have received increased protection under the law from influences and
situations for which they are ill-equipped to deal with appropriately (See, e.g., Chapter 893.13,
Florida Statutes); and
WHEREAS, the City Commission has determined that based on the above concerns a
Type 2 Group home is not appropriately located within 1200' of a public or private elementary,
middle or secondary school; and
WHEREAS, the City Commission finds that a concentration of Community Residential or
Group Homes in a neighborhood leads to a de facto institutionalization of those receiving
treatment (See Familystyle of St. Paul, Inc. v. City of St. Paul, 923 F.2d 91 (8t" Cir. 1991);
Section 419.001(3)(c)3., Florida Statutes (2000)); and
WHEREAS, the City Commission has determined that spacing requirements will prevent
de facto institutionalization of those persons utilizing Community Residential or Group Homes
and will encourage integration of the residents into society; and
WHEREAS, the City may regulate the location of such facilities through the exercise of
its police powers in furthering local land use concerns.
2 ORD NO. 23-01
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 4.3, "District Regulations, General Provisions", Section 4.3.3,
"Special Requirements for Specific Uses", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, be and the same is hereby repealed.
Section 2. That Article 4.3, "District Regulations, General Provisions", Section 4.3.3,
"Community Residential Homes and Group Homes", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, be and the same is hereby enacted to read
as follows:
Section 4.3.3(I) Community Residential Homes and Group Homes:
(1) Purpose: The purpose of this section is to provide for the health, safety,
welfare, and shelter in sound housing of residents of Community Residential Homes and Group
Homes and residents of the City who are in need of such facilities while assuring compatibility
of these facilities with surrounding areas.
(2) Applicability: This section shall be applicable but not limited to Community
Residential Homes and Group Homes which constitute a new facility or a modification of an
existing lawful facility which increases the floor area or the permitted number of residents. This
section does not include foster homes; assisted living facilities; continuing care facilities; abused
spouse residences; child care facilities; adult day care facilities; convalescent homes, homes for
the aged or nursing homes; nor alcohol and drug abuse treatment facilities as regulated in LDR
Section 4.3.3(D).
(3) Definitions:
(a)
Resident: The term "resident" for a community residential home or
group home means any of the following pursuant to the Florida
Statutes:
1. An aged person as defined in Section 400.618 (3);
A physically disabled or handicapped person as defined in
Section 760.22(7)(a), including but not limited to, persons in
recovery from drug or alcohol addiction;
3 ORD NO. 23-01
3. A developmentally disabled person as defined in Section
393.063(12);
o
A nondangerous mentally ill person as defined in Section
394.455 (18); or,
A child as defined in Section 39.01(14), Section 984.03(9) or
(12), or Section 985.03(8).
(b) Community Residential Home: The term "Community Residential
Home" means a dwelling unit licensed to serve clients of the Department of Children and Family
Services, which provides a living environment for 7 to 14 unrelated residents who operate as
the functional equivalent of a family, including such supervision and care by supportive staff as
may be necessary to meet physical, emotional, or social needs of the residents.
(c) Group Home: The term "Group Home" means a home, and/or a
building or part thereof, or group of buildings, which is not licensed to serve clients of the Florida
Department of Children and Families, but which otherwise meets the definition of a Community
Residential Home and has either less than 7 residents or more than 14 residents.
(4) Classifications:
For the purposes of this section, Community Residential Homes and Group Homes are
classified as follows:
(a)
Group Home, Type 1: A group home of not more than six (6)
unrelated residents. Such homes which satisfy the provisions of this
section shall be allowed as a permitted use in the zoning districts as
outlined in Section 4.3.3(I)(4)(d), provided, however, that no such
home shall be located within a radius of 1,000 feet of another Type 1
group home.
(b)
Community Residential Home: Such homes which satisfy the
provisions of this section shall be allowed as a permitted or
conditional use in the zoning districts as outlined in Section
4.3.3(I)(4)(d), provided that such homes shall not be located within a
radius of 1,000 feet of a community residential home or within a
radius of 500 feet of a single family residential zoning district.
(c)
Group Home, Type 2: A group home which provides lodging or
related services for fifteen (15) or more unrelated residents. Such
4 ORD NO. 23-01
(d)
homes which satisfy the provisions of this section shall be allowed
as a permitted or conditional use in the zoning districts as outlined in
Section 4.3.3(I)(4)(d), provided however that such homes shall not
be located within a radius of 1,000 feet of a community residential
home or group home, within a radius of 500 feet of a single family
residential zoning district, or within a radius of 1,000 feet of a public
or private elementary, middle or secondary school.
Community Residential Homes and Group Homes shall be allowed
as a permitted or conditional use in the following zoning districts:
Type of Ag, R.R., R1 RL District RM RO, OSSHAD CBD, CF GC
Residence
Group Home, Not Permi~ed
Typ~ ~, Pe~iUed Pe~lUed Permi~ed Pe~iUed Pe~iUed
Co~ity Not Conditional Conditional Conditional Conditional
Res~gtial Pemi~ed Use Pe~i~ed Use Use Use
~o~Home, Not Pe~i~ed Conditional Conditional Conditional Conditional
T~e~2 : Use Pe~i~ed Use Use Use
(5)
(6)
Noticing and Licensing Requirements:
(a)
An applicant for a community residential home must notify the City in
writing the specific address of the site, the residential licensing
category, the number of residents, and the community support
requirements of the program. The City may review the notice
submitted for compliance with the underlying zoning district and
respond pursuant to Chapter 419.001(3)(a) of the Florida Statutes.
(b)
Group Homes shall at the time of application for City occupational
license provide evidence that appropriate approvals or licenses from
county, state, or federal regulatory agencies have been applied for
or obtained, if any is required. The occupational license must be
renewed annually and may only be received upon provision of proof
that the facility continues to be licensed by the State, if required, and
upon passing of City inspections.
Development Standards:
5 ORD NO. 23-01
(a) Minimum Floor Areas:
Community Residential Homes and Group Homes of 4 to 14
residents require no minimum floor area except as required by
the underlying zoning district requirements and as required by
State agencies.
Type 2 Group Homes require a minimum floor area for
bedrooms of 80 square feet for the first permitted resident in a
bedroom with an additional 60 square feet for each additional
permitted resident in a bedroom. There shall be a minimum
of one bathroom equipped with sink, commode, and shower
or tub per each four permitted residents.
(b)
Outdoor Recreational Space: Type 2 Group Homes located in
nonresidential zone districts shall provide usable outdoor passive
recreation area of 35 square feet per resident in addition to any
required open space, landscaping, and setback areas.
(c) Special Regulations:
1. Signage shall be pursuant to LDR Section 4.6.7.
2. Parking requirements shall be pursuant to LDR Section
4.6.9(C).
(7) Findings of Reviewing Authority: The Planning and Zoning Board shall not
recommend approval of a Conditional Use for a Community Residential Home or Group Home
unless it is demonstrated that the home has met all of the requirements of Section 4.3.3(I),
including those requirements in the specific zoning district in which the proposed home is to be
located, and has received applicable preliminary State agency approval or current State agency
license when a license is required. A recommendation of approval shall be based upon
consideration of the following factors:
(a)
Homes located within residential districts shall have building
elevations, which are residential in character and similar in
appearance to the surrounding neighborhood. They shall not be
institutional in appearance as determined by the Site Plan Review
and Appearance Board or the Historic Preservation Board.
6 ORD NO. 23-01
(b)
Homes located in a nonresidential area shall be maintained in the
general character of the surrounding area. This standard applies to
design, lot size, landscaping, and other factors affecting the
character of the area.
(c)
The proposed facility shall be in conformance with the Future Land
Use Map, and Objectives and Policies of the City's Comprehensive
Plan.
(8) Distance Requirements: All distance requirements in this section shall be
measured from the nearest point of the existing home, school or area of single-family zoning to
the nearest point of the proposed Community Residential or Group Home.
Section 3. That Article 4.4, "Base Zoning District", Section 4.4.1, "Agriculture Zone
District (A)", Subsection (B), "Principal Uses and Structures Permitted", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
enacting a new Sub-subsection (4) to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the (A) District as a permitted use:
(4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
Section 4. That Article 4.4, "Base Zoning District", Section 4.4.2, "Rural Residential (RR)
Zone District", Subsection (B), "Principal Uses and Structures Permitted", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
enacting a new Sub-subsection (2) to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the (RR) District as a permitted use:
(2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
Section 5. That Article 4.4, "Base Zoning District", Section 4.4.3, "Single Family
Residential (R-l) Districts", Subsection (B), "Principal Uses and Structures Permitted", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended
by amending Sub-subsection (2) to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
7 ORD NO. 23-01
within the Single Family Districts as a permitted use:
4.3.3(I).
(2) ~ Group homes, Type 1, pursuant to restrictions set forth in Section
Section 6. That Article 4.4, "Base Zoning District", Section 4.4.5, "Low Density
Residential (RL) District", Subsection (B), "Principal Uses and Structures Permitted", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended
by amending Sub-subsection (4) to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the (RL) District as a permitted use:
4.3.3(I).
(4) Group homes, ~ Type 1, pursuant to restrictions set forth in Section
Section 7. That Article 4.4, "Base Zoning District", Section 4.4.5, "Low Density
Residential (RL) District", Subsection (D), "Conditional Uses and Structures Allowed", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended
by amending Sub-subsection (6) to read as follows:
(D) Conditional Uses and Structures Allowed: The following types of use are allowed
as conditional uses within the RL District.
(6) Group homes, L=e~el--14., Type 2 and Community Residential Homes,
pursuant to restrictions set forth in Section 4.3.3(I).
Section 8. That Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District", Subsection (B), "Principal Uses and Structures Permitted", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended
by amending Sub-subsection (5) to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the (RM) District as a permitted use:
(5) Group homes, Le':e!~_ ! ~_.-.d !!. Types 1 and 2, and Community Residential
Homes, pursuant to restrictions set forth in Section 4.3.3(I).
8 ORD NO. 23-01
Section 9. That Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District", Subsection (D), "Conditional Uses and Structures Allowed", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended
by repealing Sub-subsection (9) and renumbering the following paragraphs to read as follows:
(D) Conditional Uses and Structures Allowed: The following types of use are allowed
as conditional uses within the RM District.
(-1.0 9) Yacht club with facilities.
(4-1. 10) Dock master facilities when associates with a multi-family development
which has a marina.
(43 11) Private beach clubs with attendant recreational, dining, and related
accessory facilities within the area lying south of Atlantic Dunes Park and east of State road
AIA.
Section 10. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial
(GC) District", Subsection (B), "Principal Uses and Structures Permitted", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
enacting a new Sub-subsection (7) to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the (GC) District as a permitted use, except as prohibited in the West Atlantic Avenue
Overlay District by Section 4.4.9(G)(1)(a):
(7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
Section 11. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial
(GC) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
enacting a new Sub-subsection (16) to read as follows:
(D) Conditional Uses and Structures Allowed: The following are allowed as
conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay
District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section
9 ORD NO. 23-01
4.4.9(G)(2).
(16) Group Home, Type 2 and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(I).
Section 12. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business
(CBD) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
enacting a new Sub-subsection (16) to read as follows:
(D) Conditional Uses and Structures Allowed: The following are allowed as
conditional uses within the CBD District.
(16) Group Home, Type 2 and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(I).
Section 13. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office
(RO) District", Subsection (B), "Principal Uses and Structures Permitted", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
enacting a new Sub-subsection (7) to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the RO District as a permitted use:
(7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(0.
Section 14. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office
(RO) District", Subsection (C), "Accessory Uses and Structures Permitted", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
repealing Sub-subsection (5).
Section 15. That Article 4.4, "Base Zoning District", Section 4.4. 17, "Residential Office
(RO) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
enacting a new Sub-subsection (4) to read as follows:
10 ORD NO. 23-01
(D) Conditional Uses and Structures Allowed: The following types of use are allowed
as conditional uses.
(4) Group Home, Type 2, and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(I).
Section 16. That Article 4.4, "Base Zoning District", Section 4.4.21, "Community
Facilities (CF) District", Subsection (B), "Principal Uses and Structures Allowed", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
amending Sub-subsection (4) as follows:
(4) Services, such as: abused spouse residences, child care centers, day care
centers "'-"-'"', ,-"*,, r~,~-i~l~s,n~';,-~l ~c,m,-,ilH, i~e ~A~iI'N eiv ,*,r I~,c,~, ~-,,',,-,~ ,n,spt'~-
Section 17. That Article 4.4, "Base Zoning District", Section 4.4.21, "Community
Facilities (CF) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Code
of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
amending Sub-subsection (3) as follows:
(3) Services, such as: Community Residential Homes ,:.'!th ce,zen er mere, and
Group Homes, Type 2, pursuant to restrictions set forth in Section 4.3.3(I).
Section 18.
That Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square Historic Arts
District (OSSHAD)", Subsection (B), "Principal Uses and Structures", of the Code of Ordinances
of the City of Delray Beach, Florida, be and the same is hereby amended by enacting a new
Sub-subsection (10) and renumbering the remaining paragraphs to read as follows:
(B) Principal Uses and Structures: The following types of use are allowed within the
OSSHAD District as a permitted use:
(10) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
(4.0 11) Within the following described areas, the uses allowed as permitted uses
in Section 4.4.13(B) pursuant to the base district and special provisions of the Central Business
District regulations shall also be allowed in the OSSHAD:
11 ORD NO. 23-01
(a)
(b)
(c)
(d)
(e)
Lots 13-16, Block 60
Lots 1-4, Block 61
Lots 1-7 and 19-24, Block 69
Lots 7-8, Block 75
Lots 1-6, Block 76
Section 19. That Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square
Historic Arts District (OSSHAD)", Subsection (D), "Conditional Uses and Structures Allowed", of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended by enacting a new Sub-subsection (7) to read as follows:
(D) Conditional Uses and Structures Allowed: The following types of use are allowed
as conditional uses within the OSSHAD:
(7) Group Home, Type 2, and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(I).
Section 20. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 21. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 22. That this ordinance shall become effective immediately upon passage on
second and final reading.
/'~ day of ~2~ ,2001.
ATTEST
Acting City Clerk
First Reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
MAYOR
Second Reading
12 ORD NO. 23-01
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ttO~ - REGULAR MEETING OF MAY 1, 2001
ORDINANCE NO. 23-01 (FOSTER HOMES AND GROUP HOMES)
APRIL 27, 2001
This is second reading and a second public hearing for Ordinance No.23-01 regulating Foster Homes
and Group Homes, and related zoning districts.
Ordinance No. 23-01 is corrective in nature. The State Legislature amended Chapter 419, Florida
Statutes, regarding the regulation of group homes and community residential homes. Thus, the City's
Land Development Regulations required amending in order to conform to the State's requirements.
During the first reading and first public hearing, it was suggested that some minor text changes be
made to this ordinance. These changes were made and are incorporated within the body of this
ordinance.
At first reading on April 17a, the City Commission passed the ordinance by a unanimous vote.
Recommend approval of Ordinance No. 23-01 on second and final reading.
nd
Ref:Agmemo 14.Ord23-01Foster&GroupHomes..2 Reading.05-01-01
~'~ CiTY~COMMISSlON~DOCUMENTATI0N '~' ~ '~i'~i~ ~ ' ~ ~'~ I
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING, DIRECTOR OF PL' ~'~ANI~I~I~
JEFFREY A. COSTELLO, PRINCIPAL PLAN~~
MEETING OF APRIL 17, 2001
AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(I),
FOSTER HOMES AND GROUP HOMES, AND RELATED ZONING DISTRICTS.
I , , I ,,, BACKGROUND,~,, , ~,,I, I' !
This amendment is corrective in nature. The State Legislature amended Chapter 419, Florida Statutes,
regarding the regulation of group home and community residential homes. Thus, the City's Land
Development Regulations regarding group homes and community residential homes require
amendment to conform with the State's requirements under Chapter 419, Florida Statutes. LDR
Section 4.3.3(I) currently lists specific requirements for group homes and foster homes. The
amendment includes a definition, additional requirements for community residential homes, and the
elimination of certain classifications of group homes, which are no longer applicable. The amendment
also includes distance requirements between facilities, from schools, and single family zoning districts.
This ordinance will replace Section 4.3.3(I) Foster Homes and Group Homes, in its entirety.
'PEANNING AND:ZONING~BbARD CONSIDERATION'
The Planning and Zoning Board held a public hearing regarding this item at its meeting of March 19,
2001. There was no public testimony regarding the text amendment. Additional changes presented at
the meeting included eliminating "community residential homes with six residents or less" as a
permitted use in the CF (Community Facilities) zone district, and adding CF to the zoning matrix in
Section 4.3.3(I), which lists the zoning districts that allow group homes and community residential
homes. (The reason for the change was that a facility with six residents or less is classified as a Group
Home Type 1 which is considered a single family residence, which is not permitted in the CF zone
district). Chairperson Bird did not feel it was appropriate to apply distance criteria for certain types of
group homes, such as those that would accommodate the elderly. After discussing the amendment,
the Board voted 6-1 (Bird dissented) to recommend to the City Commission approval of the proposed
text amendment, based upon positive findings with respect to LDR Section 2.4.5(M).
Since the Planning and Zoning Board hearing, Type 2 Group Homes has been added as a conditional
use in the CF zone district. This is consistent with the current provision which allows community
residential homes as a conditional use in the CF zone district.
RECOMMENDED ACTION:
By motion, approve on first reading the attached amendments to the LDR Section 4.3.3(I) and other
affected sections, based upon the findings and recommendations by the Planning and Zoning Board,
setting a public hearing date of May 1, 2001.
Attachment: Ordinance by Others
ORDINANCE NO. 23-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.3,
"DISTRICT REGULATIONS, GENERAL PROVISIONS," SECTION
4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES" OF
THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
REPEALING SUBSECTION (I), "FOSTER HOMES AND GROUP
HOMES", AND ENACTING A NEW SUBSECTION (I),
"COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES", TO
PROVIDE FOR REGULATION OF GROUP HOMES AND
COMMUNITY RESIDENTIAL HOMES; AMENDING SECTION
4.4.1, "AGRICULTURE ZONE DISTRICT (A)", SUBSECTION
4.4.1(B), "PRINCIPAL USES AND STRUCTURES PERMITTED";
AMENDING SECTION 4.4.2, "RURAL RESIDENTIAL (RR) ZONE
DISTRICT", SUBSECTION 4.4.2(B), "PRINCIPAL USES AND
STRUCTURES PERMITTED"; AMENDING SECTION 4.4.3,
"SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS",
SUBSECTION 4.4.3(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED"; AMENDING SECTION 4.4.5, "LOW DENSITY
RESIDENTIAL (RL) DISTRICT," SUBSECTION 4.4.5(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED",
SUBSECTION 4.4.5(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; AMENDING SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SUBSECTION 4.4.6(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED, SUBSECTION 4.4.6(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; AMENDING SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION
4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMITTED",
SUBSECTION 4.4.9(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; BY AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION
4.4.13(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED"; AMENDING SECTION 4.4.17, "RESIDENTIAL
OFFICE (RO) DISTRICT," SUBSECTION 4o4.17(B), "PRINCIPAL
USES AND STRUCTURES PERMITTED", SUBSECTION
4.4.17(C), "ACCESSORY USES AND STRUCTURES
PERMITTED", SUBSECTION 4.4.17(D), "CONDITIONAL USES
AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.21,
"COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION
4.4.21(B), "PRINCIPAL USES AND STRUCTURES ALLOWED",
SUBSECTION 4.4.21(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; AMENDING SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD),
SUBSECTION 4.4.24(B), "PRINCIPAL USES AND
STRUCTURES", SUBSECTION 4.4.24(D), "CONDITIONAL USES
AND STRUCTURES ALLOWED" TO PROVIDE FOR THE
REGULATION OF GROUP HOMES AND COMMUNITY
RESIDENTIAL HOMES; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Chapter 419, Florida Statutes was amended to provide for a category of use
entitled "Community Residential Homes"; and
WHEREAS, the City's Land Development Regulations require revision in order to
incorporate the category of "Community Residential Homes"; and
WHEREAS, the regulation of land use matters is a matter of great local concern and
impacts upon the health, safety and welfare of the City's residents; and
WHEREAS, schools and other places where children are located in large or
disproportionate numbers have received increased protection under the law from influences and
situations for which they are ill-equipped to deal with appropriately (See, e.g., Chapter 893.13,
Florida Statutes); and
WHEREAS, the City Commission has determined that based on the above concerns a
Type 2 Group home is not appropriately located within 1200' of a public or private elementary,
middle or secondary school; and
WHEREAS, the City Commission finds that a concentration of Community Residential or
Group Homes in a neighborhood leads to a de facto institutionalization of those receiving
treatment (See Familystyle of St. Paul, Inc. v. City of St. Paul, 923 F.2d 91 (8th Cir. 1991); Section
419.001(3)(c)3., Florida Statutes (2000)); and
WHEREAS, the City Commission has determined that spacing requirements will prevent
de facto institutionalization of those persons utilizing Community Residential or Group Homes
and will encourage integration of the residents into society; and
WHEREAS, the City may regulate the location of such facilities through the exercise of its
police powers in furthering local land use concerns.
2 ORD NO. 23-01
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 4.3, "District Regulations, General Provisions", Section 4.3.3,
"Special Requirements for Specific Uses", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, be and the same is hereby repealed.
Section 2. That Article 4.3, "District Regulations, General Provisions", Section 4.3.3,
"Community Residential Homes and Group Homes", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, be and the same is hereby enacted to read as
follows:
Section 4.3.3(I) Community Residential Homes and Group Homes:
(1) Purpose: The purpose of this section is to provide for the health, safety,
welfare, and shelter in sound housing of residents of Community Residential Homes and Group
Homes and residents of the City who are in need of such facilities while assuring compatibility of
these facilities with surrounding areas.
(2) Applicability: This section shall be applicable but not limited to Community
Residential Homes and Group Homes which constitute a new facility or a modification of an
existing lawful facility which increases the floor area or the permitted number of residents. This
section does not include foster homes; assisted living facilities; continuing care facilities; abused
spouse residences; child care facilities; adult day care facilities; convalescent homes, homes for
the aged or nursing homes; nor alcohol and drug abuse treatment facilities as regulated in LDR
Section 4.3.3(D).
(3) Definitions:
(a)
Resident: The term "resident" for a community residential home or
group home means any of the following pursuant to the Florida
Statutes:
1. An aged person as defined in Section 400.618 (3);
A physically disabled or handicapped person as defined in
Section 760.22(7)(a), including but not limited to, persons in
recovery from drug or alcohol addiction;
A developmentally disabled person as defined in Section
393.063(12);
3 ORD NO. 23-01
4. A nondangerous mentally ill person as defined in Section
394.455 (18); or,
o
A child as defined in Section 39.01(14), Section 984.03(9) or
(12), or Section 985.03(8).
(b) Community Residential Home: The term "Community Residential
Home" means a dwelling unit licensed to serve clients of the Department of Children and Family
Services, which provides a living environment for 7 to 14 unrelated residents who operate as the
functional equivalent of a family, including such supervision and care by supportive staff as may
be necessary to meet physical, emotional, or social needs of the residents.
(c) Group Home: The term "Group Home" means a home, and/or a
building or part thereof, or group of buildings, which is not licensed to serve clients of the Florida
Department of Children and Families, but which otherwise meets the definition of a Community
Residential Home and has either less than 7 residents or more than 14 residents.
(4) Classifications:
For the purposes of this section, Community Residential Homes and Group Homes are classified
as follows:
(a)
Group Home, Type 1: A group home of not more than six (6)
unrelated residents. Such homes which satisfy the provisions of this
section shall be allowed as a permitted use in the zoning districts as
outlined in Section 4.3.3(I)(4)(d), provided, however, that no such
home shall be located within a radius of 1,000 feet of another Type 1
group home.
(b)
Community Residential Home: Such homes which satisfy the
provisions of this section shall be allowed as a permitted or
conditional use in the zoning districts as outlined in Section
4.3.3(I)(4)(d), provided that such homes shall not be located within a
radius of 1,000 feet of a community residential home or within a radius
of 500 feet of a single family residential zoning district.
(c)
Group Home, Type 2: A group home which provides lodging or related
services for fifteen (15) or more unrelated residents. Such homes
which satisfy the provisions of this section shall be allowed as a
permitted or conditional use in the zoning districts as outlined in
Section 4.3.3(I)(4)(d), provided however that such homes shall not be
4 ORD NO. 23-01
(d)
located within a radius of 1,000 feet of a community residential home
or group home, within a radius of 500 feet of a single family residential
zoning district, or within a radius of 1,000 feet of a public or private
elementary, middle or secondary school.
Community Residential Homes and Group Homes shall be allowed as
a permitted or conditional use in the following zoning districts:
Type of Ag, R.R., R1 RL District RM RO, OSSHAD CBD, CF GC
Residence
Group Home, Not Permitted
TyPe ! ... Permitted Permitted Permitted Permitted Permitted
Community Not Conditional Conditional Conditional Conditional
Resideiitial Permitted Use Permitted Use Use Use
,Hom~ ,'
Group I%me, Not Permitted Conditional Conditional Conditional Conditional
Type 2 Use Permitted Use Use Use
(5)
(6)
Noticing and Licensing Requirements:
(a)
An applicant for a community residential home must notify the City in
writing the specific address of the site, the residential licensing
category, the number of residents, and the community support
requirements of the program. The City may review the notice
submitted for compliance with the underlying zoning district and
respond pursuant to Chapter 419.001 (3)(a) of the Florida Statutes.
(b)
Group Homes shall at the time of application for City occupational
license provide evidence that appropriate approvals or licenses from
county, state, or federal regulatory agencies have been applied for or
obtained, if any is required. The occupational license must be
renewed annually and may only be received upon provision of proof
that the facility continues to be licensed by the State, if required, and
upon passing of City inspections.
Development Standards:
(a) Minimum Floor Areas:
5 ORD NO. 23-01
Community Residential Homes and Group Homes of 4 to 14
residents require no minimum floor area except as required by
the underlying zoning district requirements and as required by
State agencies.
Type 2 Group Homes require a minimum floor area for
bedrooms of 80 square feet for the first permitted resident in a
bedroom with an additional 60 square feet for each additional
permitted resident in a bedroom. There shall be a minimum of
one bathroom equipped with sink, commode, and shower or
tub per each four permitted residents.
(b)
Outdoor Recreational Space: Type 2 Group Homes located in
nonresidential zone districts shall provide usable outdoor passive
recreation area of 35 square feet per resident in addition to any
required open space, landscaping, and setback areas.
(c) Special Regulations:
1. Signage shall be pursuant to LDR Section 4.6.7.
2. Parking requirements shall be pursuant to LDR Section
4.6.9(C).
(7) Findings of Reviewing Authority: The Planning and Zoning Board shall not
recommend approval of a Conditional Use for a Community Residential Home or Group Home
unless it is demonstrated that the home has met all of the requirements of Section 4.3.3(I),
including those requirements in the specific zoning district in which the proposed home is to be
located, and has received applicable preliminary State agency approval or current State agency
license when a license is required. A recommendation of approval shall be based upon
consideration of the following factors:
(a)
Homes located within residential districts shall have building
elevations, which are residential in character and similar in
appearance to the surrounding neighborhood. They shall not be
institutional in appearance as determined by the Site Plan Review and
Appearance Board or the Historic Preservation Board.
(b)
Homes located in a nonresidential area shall be maintained in the
general character of the surrounding area. This standard applies to
design, lot size, landscaping, and other factors affecting the character
of the area.
6 ORD NO. 23-01
(c)
The proposed facility shall be in conformance with the Future Land
Use Map, and Objectives and Policies of the City's Comprehensive
Plan.
(8) Distance Requirements: All distance requirements in this section shall be
measured from the nearest point of the existing home, school or area of single-family zoning to
the nearest point of the proposed Community Residential or Group Home.
Section 3. That Article 4.4, "Base Zoning District", Section 4.4.1, "Agriculture Zone District
(A)", Subsection (B), "Principal Uses and Structures Permitted", of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended by enacting a new Sub-
subsection (4) to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the (A) District as a permitted use:
(4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
Section 4. That Article 4.4, "Base Zoning District", Section 4.4.2, "Rural Residential (RR)
Zone District", Subsection (B), "Principal Uses and Structures Permitted", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
enacting a new Sub-subsection (2) to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the (RR) District as a permitted use:
(2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
Section 5. That Article 4.4, "Base Zoning District", Section 4.4.3, "Single Family
Residential (R-l) Districts", Subsection (B), "Principal Uses and Structures Permitted", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
amending Sub-subsection (2) to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the Single Family Districts as a permitted use:
4.3.3(I).
(2) F-este~ Group homes, Type 1, pursuant to restrictions set forth in Section
7 ORD NO. 23-01
Section 6. That Article 4.4, "Base Zoning District", Section 4.4.5, "Low Density Residential
(RL) District", Subsection (B), "Principal Uses and Structures Permitted", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
amending Sub-subsection (4) to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the (RL) District as a permitted use:
4.3.3(I).
(4)
Group homes, ~ Type 1, pursuant to restrictions set forth in Section
Section 7. That Article 4.4, "Base Zoning District", Section 4.4.5, "Low Density Residential
(RL) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
amending Sub-subsection (6) to read as follows:
(D) Conditional Uses and Structures Allowed: The following types of use are allowed
as conditional uses within the RL District.
(6) Group homes, ~ Type 2 and Community Residential Homes, pursuant
to restrictions set forth in Section 4.3.3(I).
Section 8. That Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District", Subsection (B), "Principal Uses and Structures Permitted", of the Code
of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
amending Sub-subsection (5) to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the (RM) District as a permitted use:
(5) Group homes, Leve!~_ ! ~.-.'2_ !!. Types 1 and 2, and Community Residential
Homes, pursuant to restrictions set forth in Section 4.3.3(I).
Section 9. That Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District", Subsection (D), "Conditional Uses and Structures Allowed", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
repealing Sub-subsection (9) and renumbering the following paragraphs to read as follows:
(D) Conditional Uses and Structures Allowed: The following types of use are allowed
8 ORD NO. 23-01
as conditional uses within the RM District.
(9)
(-1.0 9) Yacht club with facilities.
(4-.1. 10) Dock master facilities when associates with a multi-family development
which has a marina.
(.1.2, 11) Private beach clubs with attendant recreational, dining, and related
accessory facilities within the area lying south of Atlantic Dunes Park and east of State road A1A.
Section 10. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial
(GC) District", Subsection (B), "Principal Uses and Structures Permitted", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
enacting a new Sub-subsection (7) to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the (GC) District as a permitted use, except as prohibited in the West Atlantic Avenue
Overlay District by Section 4.4.9(G)(1)(a):
(7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
Section 11. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial
(GC) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
enacting a new Sub-subsection (16)to read as follows:
(D) Conditional Uses and Structures Allowed: The following are allowed as conditional
uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by
Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2).
(16) Group Home, Type 2 and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(I).
Section 12. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business
(CBD) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
9 ORD NO. 23-01
enacting a new Sub-subsection (16) to read as follows:
(D) Conditional Uses and Structures Allowed: The following are allowed as conditional
uses within the CBD District.
(16) Group Home, Type 2 and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(I).
Section 13. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office
(RO) District", Subsection (B), "Principal Uses and Structures Permitted", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
enacting a new Sub-subsection (7) to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the RO District as a permitted use:
(7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
Section 14. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office
(RO) District", Subsection (C), "Accessory Uses and Structures Permitted", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
repealing Sub-subsection (5).
Section 15. That Article 4.4, "Base Zoning District", Section 4.4. 17, "Residential Office
(RO) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
enacting a new Sub-subsection (4) to read as follows:
(D) Conditional Uses and Structures Allowed: The following types of use are allowed
as conditional uses.
(4) Group Home, Type 2, and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(I).
Section 16. That Article 4.4, "Base Zoning District", Section 4.4.21, "Community Facilities
(CF) District", Subsection (B), "Principal Uses and Structures Allowed", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
amending Sub-subsection (4) as follows:
10 ORD NO. 23-01
(4) Services, such as: abused spouse residences, child care centers, day care
centers ....... i, ..... ;,,,I~,~,,H~I ~¢~,iliH ..... i{-h ~-!X ~r I ........... +~
Section 17. That Article 4.4, "Base Zoning District", Section 4.4.21, "Community Facilities
(CF) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by
amending Sub-subsection (3) as follows:
(3) Services, such as: Community Residential Homes '"~*~-
.............. m_'2m, and
Group Homes, Type 2, pursuant to restrictions set forth in Section 4.3.3(I).
Section 18.
That Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square Historic Arts
District (OSSHAD)", Subsection (B), "Principal Uses and Structures", of the Code of Ordinances
of the City of Delray Beach, Florida, be and the same is hereby amended by enacting a new
Sub-subsection (10) and renumbering the remaining paragraphs to read as follows:
(B) Principal Uses and Structures: The following types of use are allowed within the
OSSHAD District as a permitted use:
(10) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
(4.0 11) Within the following described areas, the uses allowed as permitted uses
in Section 4.4.13(B) pursuant to the base district and special provisions of the Central Business
District regulations shall also be allowed in the OSSHAD:
(a)
(b)
(c)
(d)
(e)
Lots 13-16, Block 60
Lots 1-4, Block 61
Lots 1-7 and 19-24, Block 69
Lots 7-8, Block 75
Lots 1-6, Block 76
Section 19. That Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square
Historic Arts District (OSSHAD)", Subsection (D), "Conditional Uses and Structures Allowed", of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended by enacting a new Sub-subsection (7) to read as follows:
11 ORD NO. 23-01
(D) Conditional Uses and Structures Allowed: The following types of use are allowed
as conditional uses within the OSSHAD:
(7) Group Home, Type 2, and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(I).
Section 20. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 21. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 22. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2001.
ATTEST
MAYOR
City Clerk
First Reading.
Second Reading
ORD NO. 23-01
pLANNiNG;AND ZONING BOARD MEMORANDU~STAFF REPORT
I
MEETING DATE:
MARCH 19, 2001
AGENDA ITEM:
IV.C - AMENDMENT LDR SECTION SECTION 4.3.3(I) FOSTER
HOMES AND GROUP HOMES; AND AMENDING RELATED
ZONING DISTRICTS
The item before the Board is that of making a recommendation to the City Commission
regarding an LDR text amendment to Section 4.3.3(I), Foster Homes and Group Homes, and
related zoning districts, pursuant to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations
may not be made until a recommendation is obtained from the Planning and Zoning Board.
This amendment is corrective in nature. The State Legislature amended Chapter 419,
Florida Statutes, regarding the regulation of group home and community residential homes.
Thus, the City's Land Development Regulations regarding group homes and community
residential homes require amendment to conform with the State's requirements under
Chapter 419, Florida Statutes. LDR Section 4.3.3(I) currently lists specific requirements for
group homes and foster homes. The amendment includes a definition, addition of
requirements for community residential homes, and eliminating certain classifications of
group homes, which are no longer applicable. The amendment also includes distance
requirements between facilities, from schools, and single family zoning districts, as
applicable. This ordinance will replace Section 4.3.3(I) Foster Homes and Group Homes, in
its entirety. The new ordinance provides siting procedures and regulations as required by
Chapter 419, F.S.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon
a finding that the amendment is consistent with and furthers the Goals, Objectives, and
Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated
more for "housekeeping" purposes than to fulfill any specific Comprehensive Plan policy.
While the amendment does not specifically further it is not inconsistent with the Goals,
Objectives, and Policies of the Comprehensive Plan.
By motion, recommend to the City Commission approval of the attached amendments to the
LDR Section 4.3.3(I) and other affected sections, based upon positive findings with respect
to LDR Section 2.4.5(M).
Attachments: Current Ordinance & Proposed Ordinance
IV.C
P & Z Board Memorandum Staff Report
LDR Text Amendment - Foster Homes and Group Homes
Page 2
CURRENT OR,DINANCE
(I) Foster Homes and Group Homes:
(1) Purpose: The purpose of this section is to provide for the health,
safety, welfare, and shelter in sound housing of residents of foster care and group home
facilities, and residents of the city who are in need of such facilities; and to comply with Act
163, Florida Statutes and Chapter 80-154, Laws of Florida; while assuring compatibility of
these facilities with surrounding areas.
(2) Applicability: This section shall be applicable to any foster home or
group home which constitutes a new facility or a modification of an existing lawful facility
which increases the floor area or the permitted number of residents. Any foster home or
group home facility which lawfully existed prior to 1981 is exempt from the provisions herein,
unless modified as outlined above.
(3)
shall apply:
Definitions: For the purpose of this section, the following definitions
(a)
Foster Home. A dwelling unit licensed and supervised by the
Florida Department of Health and Rehabilitative Services (HRS)
which provides a family living environment, including supervision
and care necessary to meet physical, emotional, and social life
needs of up to five permitted residents, not including the foster
parents themselves. A foster home may serve either children or
adults.
(b)
Group Home, Level IA. A facility licensed by HRS to provide a
family living environment, including supervision and care necessary
to meet physical, emotional, and social life needs of permitted
residents, not to exceed a maximum of eight permitted residents. It
may or may not provide education and training. Direct 24-hour
supervision is not required at all times. A staff ratio of one on-duty
supervisor to eight permitted residents is appropriate. The permitted
residents require mainly personal care, shelter, and other support
services.
(c)
Group Home, Level lB. A facility licensed by HRS to provide a
family living environment, including supervision and care necessary
to meet physical, emotional, and social life needs of permitted
residents, not to exceed a maximum of eight permitted residents. It
may or may not provide education and training. Direct 24-hour
supervision is required at all times. A staff ratio of more than one on-
duty supervisor to eight permitted residents is required. The
permitted residents require more intensive levels of care, with
emphasis on therapy and programs to encourage entry or reentry
into the community.
P & Z Board Memorandum Staff Report
LDR Text Amendment - Foster Homes and Group Homes
Page 3
(d)
Group Home, Level IIA. A facility licensed by HRS to provide a
family living environment, including supervision and care necessary
to meet physical, emotional, and social life needs of permitted
residents, not to exceed a maximum of 12 permitted residents. It
may or may not provide education and training. Direct 24-hour
supervision is not required at all times. A staff ratio of one on-duty
supervisor to eight permitted residents is appropriate. The permitted
residents require mainly personal care, shelter, and other support
services.
(e)
Group Home, Level liB. A facility licensed by HRS to provide a
family living environment, including supervision and care necessary
to meet physical, emotional, and social life needs of permitted
residents, not to exceed a maximum of 12 permitted residents. It
may or may not provide education and training. Direct 24-hour
supervision is required at all times. A staff ratio of more than one
on-duty supervisor to eight permitted residents is required. The
permitted residents require more intensive levels of care, with
emphasis on therapy and entry or reentry into the community.
(f)
Group Home, Level IliA. A facility licensed by HRS to provide a
family living environment, including supervision and care necessary
to meet physical, emotional, and social life needs of permitted
residents, not to exceed a maximum of 20 permitted residents. It
may or may not provide education and training. Direct 24-hour
supervision is not required at all times.
A staff ratio of one on-duty supervisor to eight permitted residents is
appropriate. The permitted residents require mainly personal care,
shelter, and other support services.
(g)
Group Home, Level IIIB. A facility licensed by HRS to provide a
family living environment, including supervision and care necessary
to meet physical, emotional, and social life needs of permitted
residents, not to exceed a maximum of 20 permitted residents. It
may or may not provide education and training. Direct 24-hour
supervision is required at all times. A staff ratio of more than one
on-duty supervisor to eight permitted residents is required. The
permitted residents require more intensive levels of care, with
emphasis on therapy and programs to encourage entry or reentry
into the community.
(h)
Permitted Resident. Any person residing within a foster care
facility or group home facility other than foster parents and their
natural or adopted children and designated supervisory personnel.
A Permitted Resident in a group home is a person belonging to one
P & Z Board Memorandum Staff Report
LDR Text Amendment - Foster Homes and Group Homes
Page 4
of the following groups: elderly, dependent children, physically
handicapped, developmentally disabled (persons with mental
retardation, cerebral palsy, epilepsy, autism), or non-dangerous
mentally ill.
(4) Location: Foster homes and group homes shall be allowed in zoning
districts as follows:
TYPE OF RM, RO, POD, GC, NC, PC,
RESIDENCE/ AG, RR, R-1 RL CF OSSHAD
ZONING DISTRICTS DISTRICT DISTRICTS DISTRICTS
Foster Home Permitted Use Permitted Use Permitted Use Permitted Use
Group Home
Level IA Conditional Use Permitted Use Permitted Use Permitted Use
Group Home
Level lB Conditional Use Permitted Use Permitted Use Permitted Use
Group Home
Level IIA Not Permitted Conditional Use Permitted Use Permitted Use
Group Home
Level liB Not Permitted Conditional Use Permitted Use Permitted Use
Group Home
Level IliA Not Permitted Not Permitted Conditional Use Conditional Use
Group Home
Level IIIB Not Permitted Not Permitted Conditional Use Conditional Use
(5) Licensing Requirements: Foster homes and group homes shall
provide evidence of HRS permit applications as necessary at the time of application for
occupational license and shall provide proof of licenser by HRS within three months of City
approval. The occupational license must be renewed annually and may only be received
upon provision of proof that the facility continues to be licensed by HRS, and upon City
inspection.
(6) Parkin_o Regulations: Off-street parking shall be provided as follows:
(a) Foster Home. As required for the particular type of dwelling in
accordance with subsection 173.770 through 173.775.
P & Z Board Memorandum Staff Report
LDR Text Amendment - Foster Homes and Group Homes
Page 5
(b)
Group Home, Levels IA - liB. Two spaces plus one additional
space for each four permitted residents. At least one-half of the
required parking must be paved. The balance may be provided on
required side and rear lawns. Front lawns shall not be used for the
provision of parking.
(c)
Group Home, Levels IliA - IIIB. Three spaces plus one additional
space for each four permitted residents. At least one-half of the
required parking must be paved. The balance may be provided on
required side and rear lawns. Front lawns shall not be used for the
provision of parking.
(7) Minimum Floor Area:
(a)
The minimum floor area for bedrooms in a group home shall be
80 square feet for the first permitted resident in a bedroom
(consisting of, at least, an eight-foot by ten-foot area), with an
additional 60 square feet for each additional permitted resident in
a bedroom. There shall be a minimum of one bathroom equipped
with sink, commode, and shower or tub per each four permitted
residents.
(b)
Minimum floor areas for bedrooms, and minimum number of
bathrooms, for foster homes shall be governed by the Standard
Housing Code.
(8) Special Regulations:
(a)
Foster homes and group homes shall be responsible for compliance
with the rules of the Department of Insurance, Division of State Fire
Marshal, Chapter 4 A-38, "The uniform fire safety standards for
facilities for retarded and other developmentally disabled persons."
Group homes with permitted residents who are not capable of self-
preservation in the event of a fire or other emergency shall advise
the City Fire Marshal of the presence of such residents, and shall
comply with directives issued by the City Fire Marshal following any
city inspection. Further, any group home with permitted residents
whose disabilities include disorientation and tendencies to wander,
necessitating the use of fences or locked doors, shall alert the City
Fire Marshal.
(b)
Group homes located within residential districts shall have
building elevations which are residential in character and similar
in appearance to the surrounding neighborhood. They shall not
be institutional in appearance as determined by the Site Plan
Review and Appearance Board.
P & Z Board Memorandum Staff Report
LDR Text Amendment - Foster Homes and Group Homes
Page 6
(c)
Group homes shall not house more than two permitted residents
per bedroom, and shall provide at least one bedroom for the
house parents.
P & Z Board Memorandum Staff Report
LDR Text Amendment - Foster Homes and Group Homes
Page 7
PROPOSED ORDINANCE
Section 4.3.3(I) Community Residential Homes and Group Homes:
(1) Purpose: The purpose of this section is to provide for the health,
safety, welfare, and shelter in sound housing of residents of community residential homes
and Group Homes and residents of the City who are in need of such facilities while assuring
compatibility of these facilities with surrounding areas.
(2) Applicability: This section shall be applicable but not limited to
community residential homes and Group Homes which constitute a new facility or a
modification of an existing lawful facility which increases the floor area or the permitted
number of residents. This section does not include foster homes; assisted living facilities;
continuing care facilities; abused spouse residences; child care facilities; adult day care
facilities; convalescent homes, homes for the aged or nursing homes; nor alcohol and drug
abuse treatment facilities as regulated in LDR Section 4.3.3(D).
(3) Definitions:
(a)
Resident: The term "resident" for a community residential home
or group home means any of the following pursuant to the Florida
Statutes:
1. An aged person as defined in Section 400.618 (3);
A physically disabled or handicapped person as defined in
Section 760.22(7)(a), including but not limited to, persons
in recovery from drug or alcohol addiction;
A developmentally disabled person as defined in Section
393.063(12);
A nondangerous mentally ill person as defined in Section
394.455 (18); or,
o
A child as defined in Section 39.01(14), Section 984.03(9)
or (12), or Section 985.03(8).
(b) Community Residential Home: The term "Community
Residential Home" means a dwelling unit licensed to serve clients of the Department of
Children and Family Services, which provides a living environment for 7 to 14 unrelated
residents who operate as the functional equivalent of a family, including such supervision
and care by supportive staff as may be necessary to meet physical, emotional, or social
needs of the residents. [Source: § 419.001(1), Fla. Stat. (2000)]
P & Z Board Memorandum Staff Report
LDR Text Amendment - Foster Homes and Group Homes
Page 8
(c) Group Home: The term "Group Home" means a home, and/or a
building or part thereof operated, or group of buildings, which otherwise meets the definition
of a Community Residential Home but which has either less than 7 residents or more than
14 residents.
(4) Classifications:
For the purposes of this section, Community Residential Homes and Group Homes are
classified as follows:
(a)
Group Home, Type '1: A group home of not more than six (6)
residents which is not licensed to serve clients of the Florida
Department of Children and Families. Such homes which satisfy
the provisions of this section shall be allowed as a permitted use
in the zoning districts as outlined in Section 4.3.3(I)(4)(d),
provided, however, that no such home shall be located within a
radius of 1,000 feet of another Type 1 group home.
(b)
Community Residential Home: Such homes which satisfy the
provisions of this section shall be allowed as a permitted or
conditional use in the zoning districts as outlined in Section
4.3.3(I)(4)(d), provided that such homes shall not be located
within a radius of 1,000 feet of a community residential home or
within a radius of 500 feet of a single family residential zoning
district.
(c)
Group Home, Type 2: A group home which provides lodging or
related services for fifteen (15) or more unrelated individuals
which is not licensed to serve clients of the Florida Department of
Children and Families. Such homes which satisfy the provisions
of this section shall be allowed as a permitted or conditional use
in the zoning districts as outlined in Section 4.3.3(I)(4)(d),
provided however that such homes shall not be located within a
radius of 1,000 feet of a community residential home or group
home, within a radius of 500 feet of a single family residential
zoning district, or within a radius of 1,000 feet of a public or
private elementary, middle or secondary school.
(d)
Community Residential Homes and Group Homes shall be
allowed as a permitted or conditional use in the following zoning
districts:
P & Z Board Memorandum Staff Report
LDR Text Amendment - Foster Homes and Group Homes
Page 9
ZONING
Type of Ag, RR, RL District RM RO, CBD, CF GC
Residence R-1 OSSHAD
Group Home, Not
Type 1 Permitted Permitted Permitted Permitted Permitted Permitted
Community Not Conditional Conditional Conditional Conditional
Residential Permitted Use Permitted Use Use Use
Home
Group Home, Not Conditional Conditional Conditional Conditional
Type 2 Permitted Use Permitted Use Use Use
(5) Noticing and Licensing Requirements:
(a)
An applicant for a community residential home must notify the
City in writing the specific address of the site, the residential
licensing category, the number of residents, and the community
support requirements of the program. The City may review the
notice submitted for compliance with the underlying zoning district
and respond pursuant to Chapter 419.001(3)(a) of the Florida
Statutes.
(b)
Group Homes shall at the time of application for City occupational
license provide evidence that appropriate approvals or licenses
from county, state, or federal regulatory agencies have been
applied for or obtained, if any is required. The occupational
license must be renewed annually and may only be received
upon provision of proof that the facility continues to be licensed
by the State, if required, and upon passing of City inspections.
(6) Development Standards:
(a) Minimum Floor Areas:
Community Residential Homes and Group Homes of 4 to
14 residents require no minimum floor area except as
required by the underlying zoning district requirements and
as required by State agencies.
Type 2 Group Homes require a minimum floor area for
bedrooms of 80 square feet for the first permitted resident
in a bedroom with an additional 60 square feet for each
additional permitted resident in a bedroom. There shall be
a minimum of one bathroom equipped with sink,
P & Z Board Memorandum Staff Report
LDR Text Amendment - Foster Homes and Group Homes
Page 10
commode, and shower or tub per each four permitted
residents.
(b)
Outdoor Recreational Space: Type 2 Group Homes located in
nonresidential zone districts shall provide usable outdoor passive
recreation area of 35 square feet per resident in addition to any
required open space, landscaping, and setback areas.
(c) Special Regulations:
1. Signage shall be pursuant to LDR Section 4.6.7.
Parking requirements shall be pursuant to LDR Section
4.6.9(C).
(7) Findings of Reviewing Authority: The Planning and Zoning Board
shall not recommend approval of a Conditional Use for a Community Residential Home or
Group Home unless it is demonstrated that the home has met all of the requirements of
Section 4.3.3(I), including those requirements in the specific zoning district in which the
proposed home is to be located, and has received applicable preliminary State agency
approval or current State agency license when a license is required. A recommendation of
approval shall be based upon consideration of the following factors:
(a)
Homes located within residential districts shall have building
elevations, which are residential in character and similar in
appearance to the surrounding neighborhood. They shall not be
institutional in appearance as determined by the Site Plan Review
and Appearance Board or the Historic Preservation Board.
(b)
Homes located in a nonresidential area shall be maintained in the
general character of the surrounding area. This standard applies
to design, lot size, landscaping, and other factors affecting the
character of the area.
(c)
The proposed facility shall be in conformance with the Future
Land Use Map, and Objectives and Policies of the City's
Comprehensive Plan.
(8) Distance Requirements: All distance requirements in this section shall
be measured from the nearest point of the existing home, school or area of single-family
zoning to the nearest point of the proposed Community Residential or Group Home.
P & Z Board Memorandum Staff Report
LDR Text Amendment - Foster Homes and Group Homes
Page 11
Section 4.4.1 Agriculture Zone District (A):
(B) Principal Uses and Structures Permitted:
allowed within the (A) District as a permitted use:
(4)
The following types of use are
Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
Section 4.4.2
Rural Residential (RR) Zone District:
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the (RR) District as a permitted use:
(2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
Section 4.4.3 Single Family Residential (R-l) Districts:
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the Single Family Districts as a permitted use:
(1) Fester-Group homes, Type 1, pursuant to restrictions set forth in Section
4.3.3(I).
Section 4.4.5 Low Density Residential (RL) District:
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the (RL) District as a permitted use:
(4) Group homes, ~ Type 1, pursuant to restrictions set forth in
Section 4.3.3(I).
(D) Conditional Uses and Structures Allowed: The following uses are allowed
as conditional uses within the RL District.
(6) Group homes, L-evel-I~-. Type 2 and Community Residential Homes,
pursuant to restrictions set forth in Section 4.3.3(I).
Section 4.4.6 Medium Density Residential (RM) District:
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the (RM) District as a permitted use:
P & Z Board Memorandum Staff Report
LDR Text Amendment - Foster Homes and Group Homes
Page 12
(5) Group homes, Levelc I and !!. Types 1 and 2, and Community
Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I).
(D) Conditional Uses and Structures Allowed: The following uses are allowed
as conditional uses within the RM District.
(-1-0_9) Yacht club with facilities.
(-1-~10) Dock master facilities when associated with a multi-family development
which has a marina.
(4-2- 11) Private beach clubs with attendant recreational, dining, and related
accessory facilities within the area lying south of Atlantic Dunes Park and east of State Road
A1A.
Section 4.4.9
General Commercial (GC) District:
(B) Principal Uses and Structures Permitted: The following are allowed within
the GC District as permitted uses, except as prohibited in the West Atlantic Avenue Overlay
District by Section 4.4.9(G)(1)(a):
(7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
(D) Conditional Uses and Structures Allowed: The following are allowed as
conditional uses within the GC District, except as modified in the West Atlantic Avenue
Overlay District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by
Section 4.4.9(G)(2).
(16) Group Home, Type 2, and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(I).
Section 4.4.13 Central Business (CBD) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed
as conditional uses within the CBD District:
(16) Group Home, Type 2, and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(I).
P & Z Board Memorandum Staff Report
LDR Text Amendment - Foster Homes and Group Homes
Page 13
Section 4.4.17
Residential Office (RO) District:
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the RO District as a permitted use:
(7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
(C) Accessory Uses and Structures Permitted: The following uses are allowed
when a part of, or accessory to, the principal use:
(D) Conditional Uses and Structures Allowed: The following uses are allowed
as conditional uses:
(7) Group Home, Type 2, and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(I).
Section 4,4.21 Community Facilities (CF} District:
(B) Principal Uses and Structures Allowed: The following types of use are
allowed within the CF District as a permitted use:
(4) Services, such as: abused spouse residences, child care centers, day
care centers, "'-~"-' '";+', rac,;A~n4.;,-~l 4:,-~,-,;I;+;~, ~,,;~'1-~ c.;v. ,-~r I~.,r. ,-~,-,~..n,'~nfe
(D) Conditional Uses and Structures Allowed: The following uses are allowed
as conditional uses:
(3) Services, such as: community residential homes with seven er-mere to
fourteen occupants, and Group Home, Type 2, pursuant to restrictions set forth in Section
4.3.3(I).
Section 4.4.24 Old School Square Historic Arts District (OSSHAD)
(B) Principal Uses and Structures: The following types of uses are allowed
within the OSSHAD as a permitted use:
(10) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
(-1-~11) Within the following described areas, the uses allowed as permitted
uses in Section 4.4.13(B) pursuant to the base district and special provisions of the
Central Business District regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60
P & Z Board Memorandum Staff Report
LDR Text Amendment - Foster Homes and Group Homes
Page 14
(b)
(c)
(d)
(e)
Lots 1- 4, Block 61
Lots 1- 7 and 19-24, Block 69
Lots 7- 8, Block 75
Lots 1- 6, Block 76
(D) Conditional Uses and Structures Allowed: The following uses are allowed
as conditional uses within the OSSHAD:
(7) Group Home, Type 2, and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(I).
crrY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT
TO THE LAND DEVELOPMENT
REGULATIONS REGARDING
COMMUNITY RESIDENTIAL HOMES
GROUP HOMES AND AMENDING
RELATED ZONING DISTRICTS
The City C~mmission o~ the Ci~/of De~ay Beach, Florida, prolx~m to ack~ Ihe
AN ORDINANCE OF THE C~ CO~VUSS~:~ OF TH~ cn~ OF OEmA¥ ~^CH,
FLORIDA, AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAl.
PROVISIONS,' SECTION 4.3.3, "SI~ClAL REQUIREMENTS FOR SI~CIFIC USES" OF
THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION JlJ, 'FOSTER
HOMES AND GROUP HOMES", AND ENACTING A NEW SUBSECTION JlJ,
"CO/W~UNITY RESIDENTIAL t-laMES AND C-~ROUP HOMES", TO PROVIDE FOR
REGULATION OF GROUP HOMES AND COMMUNITI RESIDENTIAL HOMES;
AMENDING SECTION 4.4.1, "AGRICULTURE ZONE DISTRICT JAJ", SUBSECTION
4.4 1(Bi, "PRINCIPAL USES AND STRUCTURES PERMITTED"; AMENDING SECTION
4.4.2, "RURAL RESIDENTIAL JRRJ ZONE DISTRICT", SUBSECTION 4.4.2(BJ,
"PRINCIPAL USES AND STRLJ,CTURES PERMITTED'; AMENDING SECTION 4 4.3,
"SINGLE FAMILY RESIDENTIAL JR-lJ DISTRICTS", SUBSECTION 4 4 3JBJ, "PRINCIPAL
USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.5, "LOW DENSITY
RESIDENTIAL JRI. J DISTRICT," SUBSECTION 4 4.SJBJ, "PRINCIPAL USES AND
STRUCTURES PERMI1TED", SUBSECTION 4.4.5[D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; AMENDING SECTION 4.4.6, "MEDIUM DENSITY
RESIDENTIAL JRM) DISTRICT", SUBSECTION 4 4.6JBJ, "PRINCIPAL USES AND
STRUCTURES PERMITTED, SUBSECTION 4.4.6JD), 'CONDITIONAL USES AND
STRUCTURES AU.OWED'; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL
JGCJ DISTRICT", SUBSECTION 4.4.gJBJ, 'PRINCIPAL USES AND STRUCTURES
PERMITTED", SUBSECTION 4.4.9(DJ, "CONDITIONAL USES AND STRUCTURES
ALLOWED"; BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS JCBD)
DISTRICT," SUBSECTION 4.4 13iD), 'CONDITIONAL USES AND STRUCTURES
ALLOWED"; AMENDING SECTION 4 4.17, "RESIDENTIAL OFFICE JROJ DISTRICT"
SUBSECTION 4.4 17JBJ, 'PRINCIPAL USES AND STRUCTURES PERMIITED",
SUBSECTION 4 4.17(CJ, "ACCESSORY USES AND STRUCTURES PERMITI'ED",
SUBSECTION 4.4.17(D), "CONDITIONAL USES AND STRUCTURES ALI.OWED';
AMENDING SECTION 4421, "COMMUNITY FACILITIES jCl:) DISTRICT',
SUBSECTION 4.4.21JB), 'PRINCIPAL USES AND STRUCTURES ALLOWED",
SUBSECTION 4.4.21JDJ, 'CONDITIONAL USES AND STRUCTURES ALLOWED';
AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
JOSSHADJ, SUBSECTION 4.4 24JBJ, "PRINCIPAL USES AND STRUCTURES',
SUBSECTION 4.4 24JDJ, "CONDITIONAL USES AND STRUCTURES ALLOWED" TO
PROVIDE FOR THE REGULATION OF GROUP HOMES AND COMMUNITY
RESIDENTIAL HOMES; PROVIDING A GENEIbad. REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
Tim Cily Commiuion will conduct two J2J Public Hearings [or ~ purpose o[ ~:epting
public le~timony regarding I~e prol:xx, ed ~dinance. The first Public Hearing will be
held on ~AY. AI~RIL 17. ~001, A!
Avenue, DeJmy Be~ck, Florida It tile prolx:~,e~ ol'cJinance is i:x~,ed on hi'st re, ding, a
~::ond Public Heor.~ng will be held on I'UISDAY. MAY 1. ~)1)i. AT 7,'00 P.M.
Jar et any co~ltinuation o~ such meeting which is set by Ihe CommiuionJ a second
PuBic Heming will be held ~ Ihe Commission Cl~mbers et Cily Hall, 100 N.W 1st
Avenue, Delmy Beech, Florida.
o~Jinonce os' ~J~nit Iheir caramels in wi'Sting
Planning a~ Zoning Depertment. Po~ [ud~r idont~tion-o~ ~o obloin e copy d ~e pmpo~l
o~dinence, pleme contact
Avenue, Ddmy Beach, Ftm'ida 33444 JPhaee 561/243-7040J belwee~ ~e hours of 8:00 a.m.
and 5:00 p.m., Monday I~rough Frday, ~uding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO AI~EAL ANY DECISION MADE BY THE
CIIY COMMISSK)N WITH RESPECT TO ANY MATTER CONSIDERED AT TH~SE HEARINGS,
SUCH PERSON MAY NEED TO ENSURE THAT A, VERBATIM RECORD INCLUDES THE
11~STIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED THE C11~/DC~S
NOT PROVIDE NC~ PREPARE SUCH RECORD PURSUANT TO F.S 286 0105.
~ OF DEl?AY BEACH
Bar)aara Garito
Acting City Cle~
PUBLISH: Delray Beach News/Boca Reton News
April 9, 2001
II
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT
TO THE LAND DEVELOPMENT
REGULATIONS REGARDING
COMMUNITY RESIDENTIAL HOMES
AND GROUP HOMES AND .II. ENDING
RELATED ZONING DISTRICTS
The City Commission of the C~ty of Delray Beach, Florida, proposes to adopt the
following ordinance
ORDINANCE NO. 23-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ARTICLE 4 3, 'DISTRICT REGULATIONS, GENERAL
PROVISIONS," SECTION 4 3 3, 'SPECIAL REQUIREMENTS FOR SPECIFIC USES" OF
THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION JlI, ~FOSTER
HOMES AND GROUP HOMES', AND ENACTING A NEW SUBSECTION (I),
"COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES', TO PROVIDE FOR
REGULATION OF GROUP HOMES AND COMMUNITY RESIDENTIAL HOMES,
AMENDING SECTION 4 4 1, "AGRICULTURE ZONE DISTRICT JA)", SUBSECTION
4 4 1 (B), 'PRINCIPAL USES AND STRUCTURES PERMITTED"; AMENDING SECTION
44 2, 'RURAL RESIDENTIAL [RRJ ZONE DISTRICT", SUBSECTION 44 2(BI,
'PRINCIPAL USES AND STRUCTURES PERMIT[ED', AMENDING SECTION 4 4.3,
'SINGLE FAMILY RESIDENTIAL (R-lJ DISTRICTS", SUBSECTION 4 4 3(Bi, 'PRINCIPAL
USES AND STRUCTURES PERMITTED", AMENDING SECTION 4 4 5, 'LOW DENSITY
RESIDENTIAL (RLJ DISTRICT,' SUBSECTION 4 4.5(BI, "PRINCIPAL USES AND
STRUCTURES PERMITTED', SUBSECTION 4 4 5(DJ, 'CONDITIONAL USES AND
STRUCTURES ALLOWED', AMENDING SECTION 4 46, 'MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT", SUBSECTION 4 4 6(Bi, 'PRINCIPAL USES AND
STRUCTURES PERMITTED, SUBSECTION 4 4 6(DJ, 'CONDITIONAL USES AND
STRUCTURES ALLOWED", AMENDING SECTION 4 4.9, 'GENERAL COMMERCIAL
iGC) DISTRICT", SUBSECTION 4 4 9JB), 'PRINCIPAL USES AND STRUCTURES
PERMI'I'[ED', SUBSECTION 4 4 9(DJ, 'CONDITIONAL USES AND STRUCTURES
ALLOWED", BY AMENDING SECTION 4 4 13, "CENTRAL BUSINESS JCBD)
DISTRICT,' SUBSI~CTION 4 4 13(DJ, 'CONDITIONAL USES AND STRUCTURES
ALLOWED', AMENDING SECTION 4 4.17, "RESIDENTIAL OFFICE (RO) DISTRICT"
SUBSECTION 4 4 17JB), "PRINCIPAL USES AND STRUCTURES PERMITTED',
SUBSECTION 4.4 17(C), 'ACCESSORY USES AND STRUCTURES PERMITTED',
SUBSECTION 4 4.17(DJ, 'CONDITIONAL USES AND STRUCTURES ALLOWED",
AMENDING SECTION 4421, 'COMMUNITY FACILITIES (CFi DISTRICT',
SUBSECTION 4 4 21(BI, "PRINCIPAL USES AND STRUCTURES ALLOWED",
SUBSECTION 4 4.2liD), "CONDITIONAL USES AND STRUCTURES ALLOWED",
AMENDING SECTION 4 4 24, 'OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
(OSSHADI, SUBSECTION 4 4 24(B), 'PRINCIPAL USES AND STRUCTURES',
SUBSECTION 4 4 24[D), 'CONDITIONAL USES AND STRUCTURES ALLOWED" TO
PROVIDE FOR THE REGULATION OF GROUP HOMES AND COMMUNITY
RESIDENTIAL HOMES, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpose al~ accepting
pubhc teshmony regarding the proposed ordinance The first Pubhc Hearing will be
held on TUESDAY, APRIL 17, 2OO1, AT 7:00 P.M. at C~ty Hall, 1OO N W 1st
Avenue, Delray Beach, Ftonda It the proposed ordinance ~s passed on first reading, a
second Pubhc Hearing will be held on TI, IESDAY, MAY 1, 2OOI. AT 7:00 P.M.
(or at any continuation of such meeting which ~s set by the CommissionI a second
Pubhc Heanng wdl be held in the Commission Chambers at City Hall, 100 N W 1st
Avenue, Delray Beach, Florida
All interested c~tizens are invited to altend the pubhc heanngs and comment upon the proposed
ordinance or submit their comments m wnhng on or be(ore the date of these heonngs to the
Planmng and Zomng Department For further mformahon or to obtain a copy of the proposed
ordinance, please contact the Planning and Zoning Department, C~ty Hall, 100 NW Ist
Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040) between the hours of 8 00 a m
and 5 00 p m, Monday through Friday, excluding hohdays '
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAl. ANY DECISION MADE BY THE
CITY COMMISSION WITH RESPECT TO ANY MAT[ER CONSIDERED AT THESE HEARINGS,
SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED THE CITY DOES
NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F S 286 0105
PUBUSH. Delray Beach News/Boca Ralon News
April 9, 2001
Aprd 25, 2001
Ad # NS04 ! 2
CITY OF DELRAY BEACH
Barbara Garito
Acting C~ty Clerk
CITY OF DEUIAY BEACH
NOTICE OF PROPOSED AMENDMENT
TO THE LAND DEVELOPMENT
REGULATIONS REGARDING
COMMUNITY RESIDENTIAL HOMES
ANDGROUP HOMES AND
AMENDING RELATED
ZONING DISTRICTS
Ci~, Conuniss,on of the City of De'my l~ach, florida. Ixofx~s ~ adopt the following
AN C~DINANCE OF THE CfTY COMMISSION OF THE CITY OF DELRAY BEACH
FLORIDA, AMENDING ARTICLE 4.3, 'DISTRICT REGULATIONS, GENERAL PROVISIC)NS",
SECTION 4 3 3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES" OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION ~, 'FOSTER HOMES AND
GROUP HOMES', AND ENACTING A NEW SUBSECTION (I). 'COMMUNITY
RESIDENTIAL HOMES AND GROUP HOMES', TO PROVIDE FOR REGULATION OF
GROUP HOMES AND COMMUNITY RESIDENTIAL HOMES, AMENDING SECTION ,4 4 1,
'AGRICULTURE ZONE DISTRICT IA)', SUBSECTION 4 4 lIB) "PRINCIPAL USES AND
STRUCTURES PERM,'TED',/ AMENDING SECTION 4 4 2, 'RURAL RESIDENTIAL ~RR)
ZOhlE DISTRICT', SUBSECTION 44 2lB), 'PRINCIPAL USES AND STRUCTURES
PERMITTED', AMENDING SECTION 44.3, 'SINGLE FANULY RESIDENTIAL
DISTRICTS', SUBSECTION 4 4,3(BI, 'PRINCIPAL USES AND STRUCTURES PERMrl-rED',
AMENDING SECTION 4 4 5, 'LOW DENSITY RESIDENTIAL (RL) DISTRICT', SUBSECTION
4 4 $(B], 'PRINCIPAL USES AND STRUCTURES PERMIT[ED', SUBSECTION 4.4 5ID),
'CONDITIONAL USES AND STRUCTURES ALLOWED', AMENDING SECTION 4 .4 6,
'MEDIUM DENSP/Y RESIDENTIAL (RM) DISTR$CT', SUBSECTION 4,4 6(B), 'PRINCIPAL
USES AND STRUCTURES PERMITI'ED, SUBSECTION 4 4 6(DJ, 'CONDITIONAL USES AND
STRUCTURES ALLOWED', AMENDING SECTION 4.4 9, ~GENERAL COMMERCIAL
DISTRICT', SUBSECTION 4 4. 9(BI, 'PRINCIPAL USES AND STRUCTURES PERMITTED',
SUBSECTION 44.9(D), 'CONDITIONAL USES AND STRUCTURES ALLOWED',
AMENDING SECTION, 4.4.13, 'CENTRAL BUSINESS (CBD) DISTRICT', SUBSECTION
4 4 13ID}, 'CONDITIONAL USES AND STRUCTURES ALLOWED', AMENDING SECTIC)N
4.4.17, 'RESIDEt, JTLa~L OFFICE ~RO) DISTRICT', SUBSECTION 4.4 17(B), 'PRINCIPAL USES
AND STRUCTURES PERMITTED', SUBSECTION 44 ~I7IC), 'ACCESSORY USES AND
STRUCTURES PERMITTED', SUBSECTION 4.4 17(D), 'CONDITIONAL USES AND
STRUCTURES ALLOWED', AMENDING SECTK~q 4 4.24, "OLD SCHOOL SQUARE
H1STORK: ARTS DISTRICT (OSSHAD}% SUBSECTION 4 4 24{B), 'PRINCIPAL USES AND
STRUCTURES', SUBSECTION 4 4.24(D), 'CONDITK~qAL USES AND STRUCTURES
AU. OWED' TO PROVIDE FOR THE REGULATION OF GROUP HOMES AND COMMUNITY
RESIDENTIAL HOMES WITHIN THESE DISTRICTS, PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING ~CLAUSE, AND AN EFFECTIVE DATE.
The Cfi,/Commission wll conduct Iwo (2) Pub/lc Hearings for the purpose d acce~ng
public testimony regarding the proposed ordinance. The First' Public Heanng will be held on
TUESDAY. APRIL 3. 2001. AT 7.00 P.M. at C~ty Hall, 100 N W 1st Avenue, Ddroy Beach
Florida. It the proposed ordinance ~s passed on first reading, a second Pubhc Hearing
be held on TUESDAY, APRIl. 17. 2001, AT 7:00 PM. (or at any continuation of ~uch
meeting which is set by the Commission) a second Pubhc Hearing mil be held m the
Comenm. ion Chambers at City Halt, 100 N W 1 st Avenue, Delray Beoch, FJorida
AJI interested citizens am invmcl to attend Ibe public honr~ngs and comment upon the
proposed oed~nam~e mt, ubmi! t~ir c~'nam~ in writing on or before the date of there
heatings to I~e Pk~nning and Zoning ~t For fudher information or Io obtain a
copy d the IXOlae~d ordinance, please contact ~ P~nning a~l Zoning Department, C~ty
Hall, 100 N W. 1st Avenue, Detray Beach, Florida 33444 (Phone $61/243-70~0)
be~veen the hours d 8:00~ a.m. and 5:00 p.m., Moeday tiw'ough Friday, excluding
PI.EASE, BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY I~CISION MADE BY
THE CrFY COMMLSStON wm4 RESPECT TO ANY MATTER CCRqSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD
~ICLUDES THE TESTU,,AONY AND EVIDENCE UPON WHK:H THE APPEAL IS TO BE
BASED THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO
F.S 286.0105
PUBUSH: Beta Rata~ News/ CI'TY Of: DELRAY BEACH
aat~ng Cey Clerk
BEFORE THE FLORIDA PUBLIC SERVICE COM~4ISSION
In re: Request for review of
proposed numbering plan relief
for the 305/786 area code - Dade
County and Monroe County/Keys
Region.
In re: Request for review of
proposed numbering plan relief
for the 561 area code.
In re: Request for review of
proposed numbering plan relief
for the 954 area code.
In re: Request for review of
proposed numbering plan relief
for the 904 area code.
DOCKET NO. 990455-TL
DOCKET NO. 990456-TL
DOCKET NO. 990457-TL
DOCKET NO. 990517-TL
ORDER NO. PSC-01-1165A-FOF-TL
ISSUED: June 29, 2001
AMENDATORY ORDER
BY THE COMMISSION:
On May 22, 2001, we issued Order No. PSC-01-1165-FOF-TL,
denying a petition for reconsideration in these Dockets. Due to a
scrivener's error, however, the Order incorrectly reflected that
Commissioners Jaber and Palecki participated in that decision.
Order No. PSC-01-1165-FOF-TL is, therefore, amended to correctly
reflect that only E. Leon Jacobs, Jr., Chairman; J. Terry Deason,
Commissioner; and Braulio L. Baez, Commissioner; participated in
that decision. Order No. PSC-01-1165-FOF-TL is affirmed in all
other respects.
Based on the foregoing, it is
ORDERED by the Florida Public Service Commission that Order
No. PSC-01-1165-FOF-TL is amended to reflect that Commissioners
Lila A. Jaber and Michael A. Palecki did not participate in the
decision. It is further
ORDERED that Order No. PSC-01-1165-FOF-TL is affirmed in all
other respects.
RECE) EDI
CITY CLERK
ORDER NO. PSC-01-1165A-FOF-TL
DOCKETS NOS. 990455-TL, 990456-TL, 990457-TL, 990517-TL
PAGE 2
By ORDER of the Florida Public Service Commission, this 29th
day of June, 2001.
BLANCA S. BAY6, Director
Division of Records and Reporting
(SEAL)
By: /s/ Kay Flynn
Kay Flynn, Chief
Bureau of Records
This is a facsimile copy. Go to the
Commission's Web site,
http://www.floridapsc.com or fax a request
to 1-850-413-7118, for a copy of the order
with signature.
BK