AGENDA ITEM REPORT
TITLE:
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AN ORDINANCE AMENDING THE CITY’S CODE OF ORDINANCES, BY AMENDING CHAPTER 13, “LAND DEVELOPMENT CODE,” ARTICLE I, “ADMINISTRATION, REGULATIONS AND PROCEDURES,” DIVISION 3, “IMPLEMENTATION PROCEDURES,” BY ENACTING A NEW SECTION 13-35.1, “COMMUNITY RESIDENCE APPLICATION FORM; COMMUNITY RESIDENCE SPECIAL EXCEPTION PERMITS AND REASONABLE ACCOMMODATION REQUIREMENTS;” AMENDING ARTICLE III, “ZONING REGULATIONS,” DIVISION 1, “GENERALLY,” BY AMENDING SECTION 13-295, “DEFINITIONS,” TO UPDATE EXISTING DEFINITIONS, PROVIDE NEW DEFINITIONS, AND REMOVE OBSOLETE DEFINITIONS, AND AMENDING DIVISION 3, “ZONING DISTRICT REGULATIONS AND TABLES,” BY AMENDING SECTIONS 13-332, “A-1 AGRICULTURAL DISTRICT,” 13-333, “RS-1 RESIDENTIAL SINGLE-FAMILY DETACHED DISTRICT,” 13-334, “RS-3 RESIDENTIAL SINGLE-FAMILY DETACHED DISTRICT,” 13-335, “RS-4 RESIDENTIAL SINGLE-FAMILY DETACHED DISTRICT,” 13-336.1, “RS-5 RESIDENTIAL SINGLE-FAMILY DISTRICT,” 13-336.2, “RC-5 RESIDENTIAL CLUSTER DISTRICT,” 13-337, “RC-8 RESIDENTIAL ATTACHED DISTRICT,” 13-338, “RM-10 RESIDENTIAL MULTIPLE-FAMILY DISTRICT,” 13-340, “MH-1 MOBILE HOME PARK DISTRICT,” 13-354, “CF COMMUNITY FACILITY DISTRICT,” AND DIVISION 8, “MASTER BUSINESS LIST,” SECTION 13-625, “MASTER BUSINESS LIST-MSOA,” TO CHANGE THE LIST OF PERMITTED AND SPECIAL LAND USES AND TO CREATE SPECIAL EXCEPTION USES, TO PROVIDE FOR UPDATES CONSISTENT WITH RECENT CHANGES TO STATE AND FEDERAL LAWS; AND AMENDING DIVISION 4, “ACCESSORY USES AND STRUCTURES,” SUBDIVISION II, “PARKING REGULATIONS AND REQUIREMENTS,” SECTION 13-400, “RESIDENTIAL USE PARKING SPACE REQUIREMENTS” IN ORDER TO PROVIDE PARKING FOR COMMUNITY RESIDENCES. (SECOND PUBLIC HEARING)
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BACKGROUND:
This item was approved on First Reading at the November 10, 2022, City Commission Meeting.
This proposed ordinance updates the City’s Code of Ordinances in order to eliminate outdated standards and regulations and to comply with state and federal laws related to fair housing.
Community residences are residential living arrangements for up to ten (10) unrelated individuals with disabilities living as a single functional family in a single dwelling unit, who are in need of the mutual support furnished by other residents of the community residence as well as the support services, if any, provided by the staff of the community residence. A community residence shall be considered a residential use of property for purposes of all zoning, building, and property maintenance codes. Community residences include, but are not limited to, those residences that comport with this definition that are licensed by the Florida Agency for Persons with Disabilities, the Florida Department for Elderly affairs, the Florida Agency for Health Care Administration, and the Florida Department of Children and Families, and functional family sober living arrangements also known as recovery residences certified by the state’s designated credentialing entity established under Section 397.487, Florida Statutes. Consistent with case law, community residences that fit within the cap of four unrelated occupants that can constitute a family as defined by the City’s Code of Ordinances must be treated the same as any other family.
DISCUSSION:
This proposed ordinance requires that all community residences must submit a Community Residence Zoning Application prior to occupancy or construction to determine whether the proposed residence is a permitted use or requires a special exception 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 13-41, “Requests for accommodation,” of the City’s Code of Ordinances.
The proposed new zoning provisions provide the reasonable accommodation that the Americans with Disabilities Act and the Fair Housing Act require by allowing the relatively permanent living arrangement of a “Family Community Residence” for five (5) to ten (10) people with disabilities with no limit on how long a resident may live in the home (tenancies are measured in years) as a permitted use in all residential districts and all other zoning districts where residential uses are allowed subject to the City’s Housing Code requirements, which includes a minimum living space and a minimum sleeping space per occupant (the City has adopted the Broward County Housing Code).
“Transitional Community Residences” for five (5) to ten (10) people with disabilities that provide a temporary living arrangement with tenancies measured in weeks or months as opposed to years tend to perform more like multi-family housing and are also subject to the City’s Housing Code requirements. Consistent with requirements under the Americans with Disabilities Act and Fair Housing Act, these uses are permitted uses in the RM-10, “Residential Multi-Family District,” and all other zoning districts where multi-family residential uses are allowed.
This proposed ordinance also requires State certification or licensure for all community residences that exceed the City’s definition of “Family” (more than 4 unrelated persons).
The special exception approval process provides use-specific findings to be made in the event that a Transitional Community Residence desires to locate in a residential zoning district other than a multi-family zoning district or if state certification or licensure is not available for a certain type of community residence. The Special Exception process is established as a reasonable accommodation and, accordingly, the fee for such a process is reduced to $300.
RECOMMENDATION:
Staff recommends approval of this ordinance.
FISCAL IMPACT: N/A