§ 24-147. Community residential homes.

(a)

Establishment of community residential homes.

(1)

Type A homes of six or fewer residents which otherwise meet the definitions of a community residential home shall be deemed a single-family unit and a noncommercial residential use. Type A community residential homes are permitted uses within RCMH 2.5, RCMH 1, RC 1, RCMH 0.5, RC 0.5, RC 1/4, MF 10 and MF 12 zoning districts. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multifamily zoning 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. Such homes with six or fewer residents shall not be required to comply with the notification provisions of this article; provided, however, that the sponsoring agency or the department notifies the county at the time of home occupancy that the home is licensed by the department and provides an address so that the distance requirement can be determined.

(2)

Type B homes of seven to 14 residents which meet the definition of a community residential home may be approved as a special exception in the RC 1/4, multifamily, commercial neighborhood, commercial general and mobile home park districts and are subject to the following distance requirements:

a.

A community residential home that is located within a radius of 1,200 feet of another existing community residential home in a multifamily district shall be an over concentration of such homes that substantially alters the nature and character of the area and shall not be approved.

b.

A community residential home that is located within a radius of 500 feet of an area of single-family zoning substantially alters the nature and character of the area and shall not be approved.

(3)

All distance requirements 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.

(b)

Notification provisions.

(1)

When a site for a community residential home has been selected by a sponsoring agency in an area zoned for multifamily, the agency shall notify the county administration in writing and include in such notice:

a.

The specific address of the site;

b.

The residential licensing category;

c.

The number of residents; and

d.

The community support requirements of the program.

(2)

Such notice shall also contain a statement from the district administrator of the department 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 district administrator shall also provide to the county the most recently published data compiled that identifies all community residential homes in the district in which the proposed site is to be located.

(c)

Review decisions. Pursuant to the review under article X of this chapter, the county may:

(1)

Determine that the siting of the community residential home is in accordance with its zoning regulations and approve the siting. If the siting is approved, the sponsoring agency may establish the home at the site selected.

(2)

Fail to respond within 60 days. If the county fails to respond within such time, the sponsoring agency may establish the home at the site selected.

(3)

Deny the siting of the home.

(d)

Basis for denial. The siting of a community residential home may be denied by the county if it is established that the siting of the home at the site selected:

(1)

Does not otherwise conform to existing zoning regulations applicable to other multifamily uses in the area.

(2)

Does not meet applicable licensing criteria established and determined by the department, including requirements that the home be located to ensure the safe care and supervision of all clients in the home.

(3)

Would result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered.

(e)

Mediation. If agreed to by both the county and the sponsoring agency, a conflict may be resolved though informal independent mediator or may use the mediation process established by the Northeast Florida Regional Planning Council in Policy 25.1.2.2 of the Comprehensive Regional Policy Plan pursuant to F.S. ch. 186. Mediation shall be concluded within 45 days of the request thereof. The resolution of any issue through the mediation process shall not alter any person's right to a judicial determination under statutory or common law.

(f)

Health, safety and welfare. Nothing in this section shall permit persons to occupy a community residential home who would constitute an adverse impact to the health and safety of other persons or whose residency would result in substantial physical damage to property of others. Whenever the county receives a complaint that residents of a community residential home are not properly cared for, that licensing standards are not being followed, or that the residents are or may be subject to abuse, neglect or exploitation, the county administrator may file a complaint with the appropriate abuse registry or the pertinent human rights advocacy committee created under F.S. ch. 20, or with the sponsoring agency and the department, pursuant to F.S. § 120.69, including judicial enforcement.

(LDR 2014, § 3.04.07.11; Ord. No. 2013-04, § 1, 7-15-2014)