§ 47-18.32. Social service residential facilities (SSRF).

A.

A social service residential facility is intended to serve as a place for persons seeking habilitation, rehabilitation or recovery from any physical, mental, emotional or legal infirmity, or any combination thereof, in a family setting as part of a group habilitation, rehabilitation or recovery program utilizing counseling, self-help or other treatment or assistance.

B.

The SSRF category of uses includes, but is not limited to, foster homes; adult congregate living facilities; residential facilities for alcohol and drug rehabilitation, for spouse abuse care, for developmentally disabled or handicapped persons, for persons with mental health problems, and for dependant children. This category of uses also includes emergency shelters and juvenile and adult residential halfway houses. These facilities are to be distinguished from hotels, motels and apartments which are residences that offer living accommodations to the general public and serve no special group, nor offer special or personal services. This category of uses does not include lodging houses, nursing homes, hospitals, child or day care centers, or family day care homes, general hospitals, special hospitals, medical clinics, jails or prisons, or skilled medical service facilities. Social service residential facilities shall be categorized according to the number of residents, type or care of service provided and intensity of care provided.

C.

Definitions. For the purposes of this section, the following definitions shall apply:

1.

Accessory shelter units: Any portion of a building or a structure that is accessory to the principal use and used as temporary housing for individuals and families and may include counseling, education and referral services for the temporary residents thereof. Temporary shall mean an average length of stay not exceeding thirty (30) days. The shelter unit portion of such a building or structure shall not exceed ten percent (10%) of the gross floor area of the total building or structure. However, in any case, the shelter unit floor area shall not exceed one thousand five hundred (1,500) square feet, whichever is less.

2.

Adult congregate living facility (ACLF): A facility, the specific use of which is to provide residential and habilitation services, including room and board and one (1) or more personal services to adults who require such services and are unrelated to the facility owner or operator. These facilities may offer central dining, personal and therapeutic care, and other services necessary to meet the needs of the residents. These include adult congregate living facilities as defined by F.S. § 400.402 and like residential retirement and life care facilities.

3.

Adult foster home: A full-time, family-type living arrangement, in a residence, under which a person or persons provide services of room, board, personal assistance, general supervision, and health monitoring for residents not related to the owner or operator of the dwelling unit who are aged or disabled adults placed in the home by the Florida Department of Health and Rehabilitative Services, including those defined in F.S. § 400.618.

4.

Child: A person less than eighteen (18) years of age.

5.

Emergency shelter facility for abused children and adults: A facility, the specific use of which is to provide room and board and protection, and which may offer counseling and preplacement screening for abused children or adults for an average stay of not over thirty (30) days per client.

6.

Emergency shelter facilities: A facility, the specific use of which is to provide, without charge and for a period not to exceed an average stay of thirty (30) days per person, temporary protection, room and board, counseling and placement for individuals, families, or both, displaced from their residences as a result of domestic violence or other unforeseen events. This use includes facilities offering therapy, counseling, or both, for the purpose of providing temporary shelter for persons in distress such as runaway children, pregnant women and unwed mothers.

7.

Family care homes: A facility in a residence providing support and supervisory personnel, the specific use of which is to provide room and board, personal care and habilitation services in a family environment for its residents, who because of a temporary or permanent physical, emotional or mental disability, desire a substitute home. A family care home provides one (1) or more personal services for persons not related to the owner or operator of the dwelling unit. The personal services, in addition to housing and food services, may include personal assistance with bathing, dressing, housekeeping, adult supervision, emotional security and other related services.

8.

Family foster home: A residence in which children who do not reside with their parent or legal guardian are provided with twenty-four (24) hour per day care, supervision or both. Such homes include emergency shelter homes and specialized foster homes for children with special needs, including those defined in F.S. § 409.175.

9.

Halfway house: A facility designed to provide a transitional living arrangement for persons in transition from residence in an institution or hospital, and who have special needs, such as mental patients, recovering alcoholics and individuals released from prison with the purpose of reentry into society.

10.

Resident: Any person residing in and receiving care, personal service or supervision from a social service residential facility.

11.

Resident capacity: For the purposes of determining facility capacity, resident capacity shall be considered the equivalent of "bed" capacity.

12.

Skilled medical service facility: A facility, the specific use of which is to provide care or service by in-house or on-staff certified medical professionals for the purpose of supplying continuous or routine medical attention such as physical examinations, vital sign monitoring, diagnosis, testing and prescription assignment.

13.

Social Service Residential Facility (SSRF): Is any building or buildings, section of a building, or distinct part of a building, residence, private home, structure, or other place whether operated for profit or not, which is noninstitutional in character, including but not limited to, facilities licensed, or monitored by the Florida Department of Health and Rehabilitative Services (HRS) to provide a family living environment that involves more than twenty-four (24) hour supervision or daily care or lodging, care or personal services for residents in order to meet the physical, emotional or socialization needs of the residents who are persons not related to the SSRF owner or operator. An SSRF does not include hotels, motels, apartments, boarding or rooming houses, nursing homes, hospitals, child or day care centers, or family day care homes, general hospitals, special hospitals, medical clinics, jails or prisons, or skilled medical service facilities.

14.

Treatment and rehabilitation facilities: A facility which provides diagnostic or therapeutic services for its residents. Treatment and rehabilitation facilities may include an outpatient component where a resident may receive regular treatment at a hospital or clinic while maintaining residence at a SSRF facility. This use shall include facilities for the housing of residents who are victims of diseases determined by HRS standards to be noncommunicable, and residential treatment facilities (RTF) as defined in F.A.C. 10E-4.016(2)(s).

D.

SSRFs are divided into five (5) levels based upon resident population, the care or service provided by the facility and intensity of care.

1.

Level I: A facility with a maximum of four (4) residents and not more than two (2) on-duty staff who may reside in the facility. The principal purpose of the residential facility shall be to provide a family-type living arrangement, including supervision and care necessary to meet the physical, emotional, personal and social needs designed to house certain clients of the Florida Department of Health and Rehabilitative Services or its designee.

a.

Level I shall include only the following family foster home facilities:

i.

Foster care facility for the developmentally disabled;

ii.

Adult foster home for aged and disabled adults; and

iii.

Family foster home for children (including those defined in F.S. § 409.175).

b.

Level I facilities shall be required to be licensed by the Florida Department of Health and Rehabilitative Services to meet one (1) of these three (3) housing needs.

2.

Level II: A facility with a maximum of eight (8) residents and not more than two (2) on-duty staff, one (1) of which may be the resident supervisor, or such increased staff levels as may be required by HRS in a particular instance. The principal purpose of the facility shall be to provide personal care, shelter, sustenance or other support services. Level II SSRF shall include family care homes, adult congregate living facilities, adult and family foster homes, RTF levels IV and V, as defined in the Florida Administrative Code, and residential facilities for the developmentally disabled. Level II shall also include accessory shelter units and emergency shelters for abused children and adults.

3.

Level III: A facility with a maximum of sixteen (16) residents and not more than three (3) on-duty staff, one (1) of which may be the resident supervisor, or such increased staff levels as may be required by HRS in a particular instance. The principal purpose of the facility shall be to provide personal care, shelter, sustenance or other support services.

a.

Level III social service residential facilities shall include RTF levels III, IV and V, adult congregate living facilities, adult and family foster homes, and residential facilities for the developmentally disabled. Level III shall also include accessory shelter units and emergency shelters for abused children and adults.

4.

Level IV: A facility designed to be occupied by seventeen (17) or more residents with staff levels as may be required by HRS. The principal purpose of the facility shall be to provide personal care, shelter, sustenance and other support services.

a.

Level IV shall include facilities for adult congregate living, mentally ill persons at RTF levels II, III and IV, as defined in the Florida Administrative Code, foster care, developmentally disabled.

5.

Level V: A facility, the principal purpose of which shall be to provide personal care, shelter, sustenance or other support services, or other treatment and therapy, in addition to active programmatic efforts and may be designed to encourage entry or reentry into the community.

a.

Level V shall include emergency shelter facilities, RTF levels IA and IB, as defined in the Florida Administrative Code, treatment and rehabilitation facilities and facilities for mental health care, substance abuse care, halfway houses and similar facilities not provided for in this subsection.

E.

Standards for SSRF development approval.

1.

No permitted SSRF use shall be granted development approval until the city has made a determination that the proposed SSRF has met all of the requirements of this chapter including those requirements in the specific zoning district in which the proposed SSRF is to be located. Prior to the issuance of any permits or use approval the applicant for the SSRF shall provide the city with evidence of applicable preliminary state agency approval or with a current state agency license when a license is required by state agency.

a.

Conditional use SSRF. Development approval of a conditional use SSRF may be granted by the planning and zoning board after a recommendation of the development review committee.

b.

No conditional use SSRF shall be approved unless it is demonstrated that each proposed facility has met all of the requirements of this chapter, including those requirements in the specific zoning district in which the proposed SSRF is to be located, has received applicable preliminary state agency approval or current state agency license when a license is required by any state agency and site plan approval. Recommendation and approval shall be based upon consideration of the following factors:

i.

If a facility is proposed to be located in a residentially zoned area, it shall be developed in a manner that is compatible with the character of the surrounding area. This standard applies to design density, lot size, landscaping, building height limit, building site requirements, yard requirements, minimum floor area, lot coverage and open space.

ii.

Any adverse impact on the abutting properties from the proposed facility, including but not limited to, outdoor lighting, noise and traffic generated by the proposed use, location of outdoor play area, parking, ingress and egress, loading and unloading, circulation area and location of streets and their capacity to carry the traffic generated by the proposed use.

c.

An application for SSRF conditional use approval shall be submitted and reviewed in accordance with the requirements for a conditional use permit as provided in Section 47-24.3.

F.

Schedule of permitted and conditional uses, by category of uses. The location of all SSRF shall be determined as designated on the matrix provided below:

	Social Service Residential Facilities/Categories
Zoning District	Level I	Level II	Level III	Level IV	Level V
RS-4.4	P	N	N	N	N
RS-8	P	N	N	N	N
RC-15	P	N	N	N	N
RD-15	P	N	N	N	N
RM-15	P	C	N	N	N
RML-25	P	C	N	N	N
RMM-25	P	C	C	C	N
RMH-25	P	C	C	C	N
RMH-60	P	P	P	P	C
MHP	N	N	N	N	N
RO	P	P	P	C	C
ROA	P	P	C	N	N
ROC	P	P	P	C	C
CB	C	C	C	C	C
B-1	C	C	C	C	C
B-2	C	C	C	C	C
B-3	N	N	N	N	N
I	N	N	N	N	N
CF	P	P	P	C	C
P	N	N	N	N	N
T	N	N	N	N	N
U	N	N	N	N	N
PRD	N	N	N	N	N
ABA	N	N	N	N	N
SLA	N	N	N	N	N
IOA	N	N	N	N	N
NBRA	N	N	N	N	N
SBMH	N	N	N	N	N
RAC-CC	C	C	C	C	N
RAC-AS	C	C	C	C	N
RAC-UV	C	C	C	C	N
RAC-RPO	C	C	C	C	N
RAC-TMU	C	C	C	C	N
GAA	N	N	N	N	N
AIP	N	N	N	N	N
PEDD	N	N	N	N	N
CR	N	N	N	N	N
CC	N	N	N	N	N
H-1	N	N	N	N	N
X-Use	N	N	N	N	N

 

Legend:

P: Permitted.

C: Conditional Approval Required. See Section 47-24.3, Conditional Use Permit.

N: Not Permitted.

G.

Additional requirements.

1.

Dispersal. The purpose of dispersal requirements is to further the objectives of this section by avoiding the undue concentration of SSRF facilities, thus preserving residential environment. The measurement for dispersal shall be made along a straight line from the nearest property line of the proposed facility (from the facility proposed for enlargement, increased licensed bed capacity, expansion or conversion) to the nearest property line of the closest existing facility.

a.

Level I. Dispersal requirements shall not apply to any level I SSRF.

b.

Levels II, III, IV, and V. When the proposed SSRF is to be located in a residential district, the following dispersal distances shall be applied to all SSRF, whether located in a residential district or a nonresidential district. No portion of any level II, III, IV or V SSRF shall be permitted, or shall be enlarged or expanded, or increased in size or number of persons licensed to be served by the State of Florida or Broward County when it is located within a distance of one thousand five hundred (1,500) feet from any other property with a level II, III, IV or V SSRF or from any other property containing a small, intermediate or large child day care facility as defined in Section 47-18.8 located in either a residential or nonresidential district.

c.

Dispersal requirements shall not apply to SSRF facilities on property located entirely within nonresidential districts. However, SSRF proposed to be located in nonresidential districts shall be one thousand five hundred (1,500) feet from any existing SSRF or child day care center in a residential district.

2.

Floor area requirements.

a.

Level I. No minimum, except as required by the underlying zoning district requirements and as required by state agencies.

b.

Levels II, III, IV and V. In addition to the minimum floor area requirements of the underlying zoning district, the following floor area shall be provided:

i.

Bedroom space: In a sole occupancy bedroom, a minimum of ninety (90) square feet of floor area shall be provided.

ii.

In a multiple occupancy bedroom, a minimum of sixty (60) square feet of floor area per adult resident and a minimum of fifty (50) square feet of floor area per child resident shall be provided.

iii.

Bedroom floor area requirements may be reduced by the planning and zoning board when:

a)

The size of a bedroom or bedrooms within an existing conforming structure requires such reduction; or

b)

A commensurate increase in the living and recreation space of the facility is proposed; or

c)

The relative stay of the residents dictates such reduction (i.e., facility provides primarily short term housing).

iv.

Living/dining/recreation space: A minimum of forty (40) square feet of floor area per resident shall be provided for living, dining and recreation area.

3.

Outdoor recreation space.

a.

Level I. A minimum of one thousand five hundred (1,500) square feet of outdoor recreation space, three hundred (300) square feet of which shall be landscaping, shall be required.

b.

Levels II, III, IV and V. A minimum of thirty (30) square feet of outdoor recreation space per resident shall be required. One-third ( 1/3 ) of said area shall be landscaping.

c.

Adult foster home facilities, family foster home facilities and short-term emergency facilities, including but not limited to, shelter units, emergency shelter facilities for abused children and adults, and emergency shelter facilities, as defined in this section, shall be exempt from the requirements for outdoor recreation space.

d.

When all residents of the SSRF facility are nonambulatory, the requirements of this subsection shall be met by providing one thousand five hundred (1,500) square feet of outdoor recreation space, of which three hundred (300) square feet shall be landscaping.

H.

Administrative requirements. In addition to the requirements of the ULDR, all SSRF shall comply with the applicable statutory and administrative rule requirements of the State of Florida.

I.

The director shall coordinate with applicable state and local agencies to ensure a mutual effort in the exchange of information relative to the enforcement of this section.

J.

General administration. To ensure the enforcement of this section and to protect and promote the health, safety, and welfare of SSRF residents and the citizens of the city, the department shall require that an applicant for a SSRF use provide evidence of preliminary state agency approval, such as a temporary license, probationary license, provisional license, interim license, conditional license, or a current state agency license when one is required.

K.

The applicant for a SSRF shall submit to the department information regarding the proposed facility's location, maximum number of residents, building and site plans, and all other documentation, plans, and calculations necessary to show compliance with the applicable requirements of the State of Florida and the ULDR.

(Ord. No. C-97-19, § 1(47-18.31), 6-18-97)