§ 47-18.47. Community residences.

A.

Applicability. All community residences of more than three (3) unrelated persons with disabilities, whether Family Community Residences or Transitional Community Residences, as defined in Section 47-35.1, prior to occupancy or construction must register the with the Department of Sustainable Development, using a form provided by the department, in order that the department may determine whether the proposed community residence is a permitted use or requires a conditional use permit, to determine the maximum number of occupants allowed under city code provisions that apply to all residential uses, and to identify whether any further accommodation is needed in accordance with Section 47-24.13, "Reasonable Accommodation Procedures" of the ULDR. Legal nonconforming community residences existing at the date of the adoption of this subsection shall be allowed to continue without regard to distance limitations and without the necessity to obtain a conditional use permit, but must shall have sixty (60) days to register and obtain certification. Legal nonconforming community residence use and structures shall be subject thereafter to the nonconformity provisions of these ULDRs.

B.

Generally. Community residences may locate in residential zoning districts as a permitted use, or with a Conditional Use Permit, or with a reasonable accommodation approval, in accordance with the following and in compliance with these ULDRs. All community residences of more than three (3) unrelated persons shall be required to be licensed as a community residence by a State of Florida licensing agency or certified by a Florida credentialing agency authorized under F.S. § 397.487, Florida Statutes, unless they are recognized or sanctioned by Congress. If the State of Florida does not offer a license or certification for the proposed kind of community residence and the population it would serve, the applicant must obtain a reasonable accommodation approval pursuant to the standards of Section 47-24.13.

C.

Approvals.

1.

Community residences of three (3) or fewer residents are considered a family as defined in the ULDR and are allowed as of right wherever a family can be housed.

2.

Community residences with more than ten (10) residents require a reasonable accommodation approval pursuant to the standards of Section 47-24.13.

3.

Family Community Residences and Transitional Community Residences are permitted based on distance separation as follows:

a.

Family Community Residence:

(1)

Family community residences with between four (4) and ten (10) residents and located less than one thousand (1,000) feet from a community residence, or from a community residential home as defined by F.S. § 419.001(1)(a), when measured from the closest point of the property line of the proposed community residence to the closest point of the property line of the nearest existing community residence or community residential home, may be permitted within all residential zoning districts subject to conditional use requirements.

(2)

Family community residences with between four (4) and ten (10) residents and located at least one thousand (1,000) feet from a community residence, or from a community residential home as defined by F.S. § 419.001(1)(a), when measured from the closest point of the property line of the proposed community residence to the closest point of the property line of the nearest existing community residence or community residential home, are permitted in any residential zoning district.

b.

Transitional Community Residence:

(1)

Transitional community residences with between four (4) and (10) residents located at least one thousand (1,000) feet from a community residence, or from a community residential home as defined by F.S. § 419.001(1)(a), when measured from the closest point of the property line of the proposed community residence to the closest point of the property line of the nearest existing community residence or community residential home, may be permitted within single family residential zoning districts subject to conditional use requirements.

(2)

Transitional community residences with between four (4) and ten (10) residents located less than one thousand (1,000) feet from a community residence, or from a community residential home as defined by F.S. § 419.001(1)(a), when measured from the closest point of the property line of the proposed community residence to the closest point of the property line of the nearest existing community residence or community residential home, may be permitted within all residential zoning districts subject to conditional use requirements.

(3)

Transitional community residences with between four (4) and ten (10) residents and located at least one thousand (1,000) feet from a community residence, or from a community residential home as defined by F.S. § 419.001(1)(a), when measured from the closest point of the property line of the proposed community residence to the closest point of the property line of the nearest existing community residence or community residential home, are permitted in all multifamily zoned property.

(Ord. No. C-18-11 , § 5, 4-17-18)