1990-17 Zoning Regarding Community Residential Homes, Child Care Facilities, & Family Day Care HomesPreparation of this Document was aided through financial assistance
received from the State of Florida under the Local Government Land
Development Regulation Assistance Program authorized by Chapter 89-
253, Laws of Florida, and administered by the Florida Department
of Community Affairs.
' ORDINANCE NO. 17-90 -
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING SECTION 45-2 OF ARTICLE I, IN GENERAL, OF APPENDIX C
ZONING OF THE CODE OF ORDINANCES? AMENDING SECTION 45-27, SECTION
95-28 AND SECTION 45-32 OF ARTICLE III, DISTRICT REGULATIONS OF
APPENDIX C - ZONING OF THE CODE OF ORDINANCES; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. Section 45-2, Definitions, of Article I of
Appendix C-Zoning, of the Village Code is hereby amended as
follows:
Child care facility means a licensed facility with more than
five (5) children that are unrelated to the operator of the
facility and which complies with Chapter 402, Florida
Statutes.
Community residential home, as defined in Chapter 419, Florida
Statutes, means a dwelling unit licensed to serve clients of
' the Department of Health and Rehabilitative 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 the physical, emotional, and social needs
of the residents.
Family day care home is an occupied residence in which child
care is regularly provided for five (5) or fewer preschool
children from more than one unrelated family and which
receives a payment, fee or grant for any of the children
receiving care, whether or not operated for profit. The
maximum five preschool children shall include preschool
children living in the home and preschool children received
for day care and not related to the resident care giver.
Elementary school siblings of the preschool children receiving
day care may also receive day care outside of school hours
provided the total number of children, including the care
giver's own and those related to the care giver, does not
exceed ten (10).
Resident of a community residential home means any of the
following: an aged person as defined in Chapter 400, Florida
Statutes; a physically disabled or handicapped person as
defined in Chapter 760, Florida Statutes; a developmentally
disabled person as defined in Chapter 393, Florida Statutes;
a nondangerous mentally ill person as defined in Chapter 394,
Florida Statutes; or a child as defined in Chapter 39, Florida
Section 2. Section 45-27, R-1 Single family dwelling
district, of Article III of Appendix C-Zoning, of the Village Code
is hereby amended as follows:
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A. Uses permitted.
6. Community residential homes. Community
residential homes of six (6) or fewer
residents which otherwise meet the definition
of a community residential home, provided that
such homes shall not be located within a radius
of 1,000 feet of another existing such home
with six or fewer residents.
' 7. Family day care home.
Section 3. Section 45-28, R-2 Multiple family dwelling
district, of Article IZZ of Appendix C-Zoning, of the Village Code
is hereby amended as follows:
A. Uses permitted.
6. Community residential home of seven (7) to
fourteen (14) residents.
G. Community residential home regulations
1. When a site for a community residential home
has been selected by a sponsoring agency, the
agency shall notify the mayor and villaae
manager in writing and include in such notice
the specific address of the site, the
residential licensing category, the number of
residents, and the community support
requirements of the program. Such notice shall
also contain a statement from the district
administrator of HRS indicating the need for
and the licensing status of the proposed
community residential home and specifying how
the home meets applicable licensing criteria
for the safe care and supervision of the
clients in the home. The HRS district
administrator shall also provide the Village
the most recently published data compiled that
identifies all community residential homes in
the district in which the proposed site is to
be located.
The Village shall review the notification of
the sponsoring agency in accordance with the
Zoning Code.
The Village shall not deny the siting of a
community residential home unless the Village
establishes that the siting of the home at the
site selected:
(a) Does not otherwise conform to existing
zoning regulations applicable to other
multi-family uses in the area;
' (b) Does not meet applicable licensing
criteria established and determined by the
Florida Department of Health and
Rehabilitative Services, including
requirements that the home be located to
assure the safe care and supervision of
all clients in the home;
(c) Would result in such a concentration of
community residential homes in the area
in proximity to the site selected, or
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would result in a combination of such
homes with other residences in the
Village, such that the nature and
character of the area would be
substantially altered. A home that is
located within a radius of 1,200 feet of
another existing community residential
home in a multi-family zone shall be an
overconcentration of such homes that
substantially alters the nature and
character of the area. A home that is
located within 500 feet of an area of
single-family zoning substantially alters
the nature and character of the area.
(d) All distance requirements in this section
shall be measured from the nearest point
of the existing home or area of single-
family Zoning to the nearest point of the
proposed home.
4. A dwelling unit housing a community residential
home shall be subject to the same Village laws
and ordinances applicable to other
noncommercial, residential family units in this
zoning district.
Section 4. Section 45.32 C-lA Limited commercial
district, of Article III of Appendix C-Zoning, of the Village Code
is hereby amended as follows:
A. Uses permitted.
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9. Child care facility
Section 5. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 6. This Ordinance shall take effect immediately
upon passage.
PLACED ON FIRST READING THIS 14 DAY OF JUNE , 1990.
[~
PLACED ON FIRST PUBLIC HEARING THIS
1990.
14 DAY OF JUNE
PLACED ON SECOND PUBLIC HEARING THIS 28 DAY OF
1990
PLACED ON SECOND, FINAL READING AND PASSED THIS
JUNE , 1990.
JUNE
28 DAY OF
MAYOR
(Village Seal)
ATTEST:
Vil a e Clerk
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This Document was prepared by Craig A. Smith & Associates for the
Village of North Palm Beach, April 1990.
NPB604.B
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