14-86 ORDINANCE NO. 14-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY ENACTING A NEW SECTION30-8.8 "FOSTER HOMES AND GROUP
HOMES" , AND PROVIDING (A) "PURPOSE"; (B) "APPLICABILITY";
(C) "DEFINITIONS"; (D) "LOCATION"; (E) "LICENSING
REQUIREMENTS"; (F) "PARKING REGULATIONS"; (G) "MINIMUM
FLOOR AREA"; (H) "SPECIAL REGULATIONS"; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T~E CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 30, "Zoning", of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
enacting a new Section 30-8.8, "Foster Homes and Group Homes", as set
forth in Exhibit "A" attached hereto, and which is expressly made a part
of this ordinance.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 3. 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 4. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 25thday of March , 1986.
MAYOR
ATTEST:
First Reading March 11, 1986
Second Reading, ~arcn 23, 19~§
"EXHIBIT A"
Sec. )0-8.8 FOSTER HOMES AND GROUP HOMES
(A) PURPOSE
The purpose of this ordinance 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 of Delray Beach who are in need of such facilities;
and to comply with Act 16), Florida Statutes and Chapter
80-154, Laws of Florida; while assuring compatibility of
these facilities with surrounding areas.
(B) APPLICABILITY
Section )0-8.8 of Chapter )0 of the Code of Ordinances of
the City of Delray Beach, Florida, shall be applicable to
any foster home or gro,Jp home which constitutes:
(a) A new facility;
(b) A modification of an existing lawful facility which
increases the floor area or the permitted number of
residents.
Any foster home or group home faci 1 ity which lawfully
existed on the effective date of this ordinance is exempt
from the provisions herein, unless modified as outlined in
(b) above.
· (C) DEFINITIONS
The following definitions shall apply:
Permitted Resident
Any person residing within a foster car~ Facility or group
home facility other than foster parents :.nd their natural or
adopted children and designated supervisory personnel. A
permitted resident in a group home is a ~oerson belonging to
one of the following groups: elderly, dependent children,
physically handicapped, developmental 1~ disabled (persons
with mental retardation, cerebral palsy, epilepsy, autism),
non-dangerous mentally ill, or abused spouses.
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 (5) permitted residents, not
including the foster parents themselves. A foster home may
serve either children or adults.
Group Homet 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 (8) 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 (1) on-duty supervisor to eight
(8) permitted residents is appropriate. The permitted
residents require mainly personal care, shelter, and other
support services.
Group Homet Level IB
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 (8) 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 (1) on-duty
supervisor to eight (8) permitted residents is required.
The permitted residents require more intensive levels of
care, with emphasis on therapy and programs to encourage
entry or re-entry into the community.
Group Homer L. eve! 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 twelve (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 (1) on-duty supervisor to eight
(8) permitted residents is appropriate. The permitted
residents require mainly personal care, shelter, and other
support services.
Group Home~ Level IIB
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 twelve (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 (1) on-duty
supervisor to eight (8) permitted residents is required.
The permitted residents require more intensive levels of
care, with emphasis on therapy and entry or re-entry into
the community.
Group Homem Level IliA
A facility licensed by HRS to provide a family living
environment, including supervision and care necessary to
meet physical, emotional, and social lifo needs of permitted
residents, not to exceed a maximum of t~enty (20) permitted
residents. It ma-y or may not provide education and
training. Direct 2~-hour supervision is not required at all
times. A staff ratio of one (1) on-duty supervisor to eight
(8) permitted residents is appropriate. The permitted
residents require mainly perso~l care, shelter, and other
support services.
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 twenty (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 (1) on-duty
supervisor to eight (8) permitted residents is required.
The permitted residents require more intensive levels of
care, with emphasis on therapy and programs to encourage
entry or re-entry into the community.
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(D) LOCATION
Foster Homes and Group Homes shall be s11owed in zoning
districts ss follows:
Zoninq District
Medium Hi gh
Density Density
Low Multiple Multip'le
Density Family Family
Sing le Multiple Dwelling Dwelling
Family Family Districts Districts
Type Of Dwelling Dwelling And And
Residence Districts Districts Office Commercial
R-lA-C, RL,
PM-6, PRD-~t PM-lOt PM, RH, PM-15,
PRD-Tt PRD-L PRD-Mt RO GC
Foster Home Permitted Permitted Permitted Permitted
Group Home Conditional
Permi tte d Permit ted Permitted
Level IA Use
Group Home Conditional
Permitted Permitted Permitted
Level IB Use
Group Home Not Conditional
Permitted Permitted
Level IIA Permitted Use
Group Home Not Conditional
Permitted Permitted
Level IIB Permitted Use
Group Home Not Not Conditional Conditional
Level IIIA Permitted Permitted Use Use
Group Home Not Not Conditional Conditional
Level IIIB Permitted Permitted Use Use
(E) LICENSING REQUIREMENTS
Foster Homes and Group Homes shall prov[de evidence of HRS
permit applicstions as necessary at the time of application
for occupstional license by the City of Delray Beach, and
shall provide proof of licensure by HRS within three (3)
months of City approval. Such 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.
(F) PARKING REGULATIONS
Off-street parking shall be pro,~ided as Follow:s:
(a) Foster Home
As required for the particular type of dwelling in
accordance with Section 30-18,
(b) Group, Homet Levels IA '- IIB
Two (2) spaces plus one (1) additionsl spsce for each
four (4) permitted residents, At least one-half of the
required parking must be paved, The balance may be
provided on required side and rest lawns, Front lawns
shsll not be used for the provision of parking.
(c) Group Homer Levels IIIA- IIIB
Three (3) spaces plus one (1)' additional space for each
four (4) permitted residents, At least one-hslf of the
required parking must be paved. The balance may be
provided in required side and rear lavns. Front la~ns
shall not be used for the provision of parking.
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(G) MINIMUM FLOOR ARE_A
The minimum floor area for bedrooms in a group home shall be
eighty (80) square feet for the first permitted resident in
a bedroom (consisting of an eight foot by ten foot area),
with an additional sixty (60) square feet for each permitted
resident in a bedroom, and that there shall be a minimum of
one (1) bathroom - equipped with sink, commode and shower or
tub - per each four (4) permitted residents.
Minimum floor areas for bedrooms, and minimum number of
bathrooms, for foster homes shall be governed by the
Standard Housing Code.
(H) SPECIAL REGULATIONS
(1) Foster homes and group homes shall b'e responsible for
compliance with the rules of the Department of
Insurance, Division of State Fire MarshaI, Chapter
4A-38, "The uniform fire safety standards for
facilities for retarded and other developmentally
disabled person~." Group homes with permit, ted
residents who are not capable of self-preservation in
the event of a fire or other emergency shall advise the
City of Delray 8each 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 and/or iocked
doors, shall alert the City Fire Marshai.
(2) There shall be a minimum distance between group homes
of 2,500 feet, measured f~om property line to property
line, in airline distance.
(3) Group homes located within residential districts shall
have building elevations which are resident ial in
character and similar in appearance to the surrounding
neighborhood. They shall not We institutional in
appearance as determined by the ~mmunity Appearance
8oard.
(4) Group homes shall not house more than two (2) permitted
residents per bedroom, and shall provide at leas~ one
(i) bedroom for the house parents.