Multifamily, Single Family, Townhouse, or Zero Lot Line Homes
may be allowed in the IPF Zoning District as affordable housing in the same
development of institutional, public, and civic uses such as Place of Worship. The
dwelling units shall not be for sale and shall be subject to DRO approval. As
part of the submittal requirement, the Applicant shall demonstrate that
residential development will be under the direct supervision of a sponsoring
non-profit organization or community-based group.
a. Definition
A facility which provides long-term care, housing, food service,
and one or more assistive care services for persons not related to the owner or
administrator by blood or marriage. A
permanent or temporary group living arrangement for people without
disabilities, or a group living arrangement in which normalization and/or
community integration are not integral elements, or a group living arrangement
for people undergoing treatment in a program under the same or affiliated
ownership, or congregate housing for people with disabilities who pose a direct
threat to the health or safety of others including as an alternative to
incarceration, or intermediate care or assisted living facilities that do not
emulate a family. [Ord. 2021-022]
b. Typical Uses
Typical uses may include, but are not limited to: [Ord.
2021-022]
1) Group home or
other CLF for housing for people without disabilities that does not emulate a
family; [Ord. 2021-022]
2) Group home or
other CLF arrangement for people who may be considered a direct threat to the
health or safety of others, that requires monitoring; [Ord. 2021-022]
3) Intermediate
care facility for people with developmental disabilities that does not emulate
a family; [Ord. 2021-022]
4) Assisted Living
Facilities for adults with disabilities or elderly for the number of people
that exceed the thresholds to be considered a Community Residence and do not
emulate a family; [Ord. 2021-022]
5) Shelters for
victims of domestic abuse; [Ord. 2021-022]
6) Previously
approved Type 3 CLF, for people with disabilities that do not meet the
requirements of a Community Residential Home pursuant to F.S.
§ 419.001, and the residents are: [Ord. 2021-022]
a) Frail elders or
disabled adults (F.S.
§ 429.65); [Ord. 2021-022]
b) Persons with
disabilities (F.S.
§ 760.22(3)(a)); [Ord.
2021-022]
c) Persons who
have a developmental disability (F.S.
§ 393.063); [Ord. 2021-022]
d) Non-dangerous
person who has a mental illness (F.S.
§ 394.455); [Ord. 2021-022]
e) A child who is
found to be dependent (F.S.
§ 39.01 or §
984.03); [Ord. 2021-022]
f) A child in
need of services (F.S.
§ 984.03 or §
985.03); or, [Ord. 2021-022]
7) Previously
approved Type 1 CLF or Type 2 CLF for people without disabilities that do not
meet the definition and requirements for Family Community Residence or
Transitional Community Residence. [Ord. 2021-022]
c. Approval Process
1) RS Zoning
District
A CLF may be allowed in the RS Zoning District with an MR-5, HR-8,
HR-12, or HR-18 FLU designation subject to a Class A Conditional Use approval.
A CLF in the RS Zoning District with an LR-1, LR-2, and LR-3 FLU designation
shall be prohibited. [Ord. 2019-005]
[Ord. 2021-022]
d. Maximum Occupancy
A CLF may include multiple dwelling units on a single lot. The
maximum occupancy shall be determined by FLUE Table 2.2.1-g.1 of the Plan and multiplying the maximum
allowable density by 2.39. A dwelling unit is equivalent to 2.39 residents/beds.
[Ord. 2019-005] [Ord. 2021-022]
e. Location
1) A CLF shall have
a front or side street property line abutting a Local Commercial, Collector, or
an Arterial Street, except for the following: [Ord. 2021-022]
a) A CLF having 25
residents or less may have frontage and access from a Local Street. [Ord.
2021-022]
b) A CLF having
250 or fewer residents may be located in a Residential Pod with attached
housing, and may have access to a Local Residential Street or a Residential
Access Street. [Ord. 2021-022]
2) A
proposed CLF with 14 or fewer residents shall be located a minimum of 660 feet
or seven lots whichever is greater, from an existing Community Residence,
Recovery Community, or other CLF. A proposed CLF with more than 14 residents
shall be located a minimum of 1,200 feet from an existing Community Residence,
Recovery Community, or other CLF with more than 14 residents. The separation
requirement in this Section shall be measured in linear feet from the closest
points between the property lines. [Ord.
2021-022]
a) Exception
A CLF approved as a Type 3 CLF prior to the effective date of Ordinance
No. 2021-022, shall be considered a legal conforming use and not subject to
these separation requirements, unless the proposed request is to add land area
and will decrease the existing separation from the closest Community Residence,
Recover Community, or other CLF. [Ord. 2021-022]
f. Drop-Off Area
A drop-off area shall
be provided for group transportation, such as vans or similar vehicles, when
more than 14 residents. [Ord. 2021-022]
g. Accessory Commercial Uses
A limited amount of
commercial uses may be Permitted by Right as accessory uses in a CLF. Such uses
shall be limited to Medical or Dental Office, Personal Services, and Retail
Sales uses designed exclusively to serve the residents of the facility, such as
a barber or beauty shop, banking services, and convenience retail sales. No
more than ten percent of the GFA of the facility shall be used for accessory commercial
uses. There shall be no exterior signage or other indication of the existence
of these uses in the facility that may attract non-residents. [Ord. 2021-022]
h. Congregate Living, Assistive Care
Services
Assistance with
activities of daily living and limited nursing services. [Ord. 2021-022]
i. Cooking Facilities
A CLF shall provide and
continuously maintain a central dining facility. Individual kitchen facilities
may be provided in the living quarters of a CLF. [Ord. 2021-022]
a. Definition for Cottage Homes
The use of a lot or a structure for one detached dwelling unit
with reduced property development regulations. [Ord. 2018-018] [Ord. 2019-034]
b. Cottage Home Size
A maximum of 1,000 square feet per unit.
c. Cottage Homes in RS Zoning
District
May be allowed in the RS Zoning District with an MR-5 or higher
FLU designation, subject to Full DRO approval. [Ord. 2019-034]
d. Cottage Homes in MF Pod or Lot
If Cottage Homes are developed in an MF Pod or lot, they shall
be developed in a cluster with open space that is commonly shared by the
individual tenants or owners, subject to the following: [Ord. 2019-034]
1) Rear Garage
May have garage and driveways located in the rear of each unit. [Ord. 2019-034]
2) Open Space
The units shall front on a commonly owned open space with a
minimum width of 75 feet, measuring from the front façade of each unit or front
porch, whichever is applicable. [Ord.
2019-034]
a. Definition
A Community Residence that provides a relatively permanent
living arrangement for five to ten people with disabilities which, in practice
and/or under its rules, charter, or other governing document, does not limit
how long a resident may live there. The intent is for residents to live in the
dwelling unit on a long-term basis, of at least a year. A Family Community
Residence emulates a biological family to foster normalization of its residents
and integrate them into the surrounding community. Its primary purpose is to
provide shelter; foster and facilitate life skills; and, meet the physical,
emotional, and social needs of the residents in a mutually supportive family-like
environment. Medical treatment is incidental, as in any home. [Ord.
2021-022]
b. Typical Uses
Typical uses shall conform to the definition and include, but
not are limited to the following: [Ord. 2021-022]
1) Oxford House or
other long-term housing for people in recovery from substance use disorder, and
with no limit on tenancy in practice or in rules; [Ord. 2021-022]
2) Community
Residential Home (F.S.
ch. 419); [Ord. 2021-022]
3) Assisted Living
Facility for the elderly or other people with disabilities (F.S.
§ 429.02(5)); [Ord. 2021-022]
4) Adult
Family-Care Home (F.S.
§ 429.60); [Ord. 2021-022]
5) Intermediate
Care Facility for people with developmental disabilities (F.S.
§ 400.960); [Ord. 2021-022]
6) Housing
licensed by F.S.
ch. 394; [Ord. 2021-022]
7) Recovery
Residences certified pursuant to F.S.
ch. 397 currently the Florida Association of Recovery Residences, typically
Levels 1-2 certified homes, when residency is one year or longer; or, [Ord.
2021-022]
8) Previously
approved Type 1 CLF or Type 2 CLF for people with disabilities that meets the
definition and requirements for a Family Community Residence. [Ord. 2021-022]
c. Approval Process
1) Permitted by
Right
a) CL/CH/CHO-MUPD,
IND/L-PIPD, TND Residential Use Zone Exurban/Rural Tier, TMD U/S, Exurban/Rural
Tiers, or AGR Development Area Zoning Districts
A Family Community Residence may be Permitted by Right within
previously approved Single Family, Zero Lot Line, Cottage Home, Townhouse, or
Multifamily dwelling units, subject to compliance with Licensing,
Certification, or Charter, Occupancy, and Location. [Ord. 2021-022]
2) DRO Approval
a) CL/CH/CHO-MUPD
Zoning Districts
A Family Community Residence may be allowed in a proposed Zero
Lot Line, Townhouse, or Multifamily dwelling units, subject to the approval
procedures for those housing types. [Ord.
2021-022]
3) Type 2 Waiver
A Family Community Residence may request a Type 2 Waiver
pursuant to Art.
2.B.7.D, Type 2 Waiver, when the proposed use does not meet the
requirements of one or more of the following: [Ord. 2021-022]
a) Art. 4.B.1.C.3.d.1),
Licensing or Certification, when licensing or certification is not required or
available from the State of Florida or Florida Association of Recovery
Residences or the Family Community Residence is not eligible for an Oxford
House Charter. This does not apply when the Family Community Residence has been
denied a license, certification, or Oxford House Charter, or it has been
revoked; [Ord. 2021-022]
b) Art.
4.B.1.C.3.e.2)a), Number of Residents, Including Staff That Reside in the
Dwelling Unit, are more than ten, but still meets the definition of Family
Community Residence; or, [Ord.
2021-022]
c) Art. 4.B.1.C.3.f,
Location, when the proposed Family Community Residence does not meet the
minimum distance between other Community Residences, Recovery Communities, or
Congregate Living Facilities. [Ord.
2021-022]
4) Zoning
Confirmation Letter
An Applicant proposing to have a Family Community Residence
shall apply for a Zoning Confirmation Letter pursuant to Art.
2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or
Congregate Living Facility, in order to confirm compliance with Licensing
or Certification, Occupancy, and Location requirements. [Ord. 2021-022]
1) A
Family Community Residence shall be licensed or certified by one of the
licensing entities referenced in F.S. § 419.001, § 397.311,
or § 397.487;
or obtain an Oxford House Charter, as follows: [Ord. 2021-022]
a) The appropriate
available license, or certification that the State of Florida, or Florida
Association of Recovery Residences, offers or requires to operate the proposed
Family Community Residence, including any provisional license or certification
issued prior to granting a full license or certification; pursuant to F.S.
§ 419.001, ch.
394, or §
397.487. [Ord. 2021-022]
b) A “conditional”
Oxford House Charter within 30-calendar days of the date on which the first
individual occupies the Oxford House and a “permanent” Oxford House Charter
within 180-calendar days after the “conditional” charter was issued. [Ord. 2021-022]
2) An existing
Type 1 or Type 2 CLF, or other facility or use that conforms to the definition
of Family Community Residence, located in the unincorporated area of Palm Beach
County as of the effective date of Ordinance No. 2021-022, that is not currently
licensed or certified by the State of Florida, and that does not receive
licensure, certification, or recertification from the designated state entity
within one calendar year from the effective date of Ordinance No. 2021-022,
shall not be considered a conforming use and shall cease operation one calendar
year from the effective date of Ordinance No. 2021-022 or within 60-calendar
days of the date on which certification, recertification, or the required
license is denied, whichever date comes first. The operator of the unlicensed
or uncertified Family Community Residence must return residents to their
families or relocate them to a safe and secure living environment. [Ord.
2021-022]
3) An existing use
that conforms to the definition of Family Community Residence, and located in
the unincorporated area of Palm Beach County that was previously licensed or
certified by the State of Florida, or has an Oxford House Charter as of the
effective date of Ordinance No. 2021-022, shall provide proof of license,
certificate, or charter to the Zoning Division, within one calendar year from
the effective date of Ordinance No. 2021-022. Should the operator fail to
provide proof of license, certificate, or charter, they shall: [Ord.
2021-022]
a) Cease operation
and vacate the premises within 60-calendar days and the operator shall return
residents to their families or relocate them to a safe and secure living
environment; or [Ord. 2021-022]
b) Request
approval for the applicable use pursuant to adopted Ordinance. [Ord. 2021-022]
4) Annual
Notification of License, Certificate, or Charter
The Applicant shall annually provide proof of the valid license,
certification, or charter pursuant to Art.
2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or
Congregate Living Facility. Failure to provide proof of final licensure or
certification from the State of Florida, or an Oxford House Charter will result
in revocation of the approval for the use. [Ord. 2021-022]
1) Residents of a
Family Community Residence may include, but are not limited to non-dangerous
persons who are: [Ord. 2021-022]
a) Frail elders or other adults with disabilities (F.S.
§ 429.65); [Ord. 2021-022]
b) Persons with disabilities (F.S.
§ 760.22(3)(a)); [Ord.
2021-022]
c) Persons with developmental disabilities (F.S.
§ 393.063); [Ord. 2021-022]
d) Persons who have a mental illness (F.S.
§ 394.455); [Ord. 2021-022]
e) A child who is found to be dependent (F.S.
§ 39.01 or §
984.03); [Ord. 2021-022]
f) A child in need of services (F.S.
§ 984.03 or §
985.03); [Ord. 2021-022]
g) Residents of an
Oxford House or persons recovering from a substance use disorder; or, [Ord. 2021-022]
h) Staff who
reside in the home as part of the Family Community Residence and play an
integral part of emulating a family. [Ord.
2021-022]
2) Number of Residents, Including Staff That Reside
in the Dwelling Unit
a) Minimum five and no more than ten residents;
or [Ord. 2021-022]
b) Minimum five and no more than 14 residents
defined pursuant to F.S. § 419.001. [Ord.
2021-022]
A Family Community Residence shall be located at least 660 feet
or seven lots whichever is greater, from another Community Residence, Recovery
Community, or Congregate Living Facility. The separation requirement in this
Section shall be measured in linear feet from the closest points between the
property lines. [Ord. 2021-022]
1) Exemption
Per State law, Family Community Residences for people with
developmental disabilities located in a “planned residential community” as
defined by F.S.
§ 419.001(1)(d), are exempt from the spacing requirements between Community
Residences, Recovery Communities, and Congregate Living Facilities established
in this Code. [Ord. 2021-022]
g. Revocation
An operator must provide evidence of license, certificate, or
charter prior to the expiration of the 12-month Zoning Confirmation Letter for
Family Community Residence, as issued. An operator who has not received
licensure, certification, or charter; or where a license, certification, or
charter was denied, revoked, or suspended, shall not be allowed to operate in
PBC and the Zoning Confirmation Letter for the Family Community Residence shall
become null and void. An operator must notify the Zoning Director, or designee,
that its license, certification, or Oxford House Charter has been suspended or
revoked within five-calendar days of the operator being notified of the
suspension or revocation. Such an operator shall cease operation and vacate the
premises within 60-calendar days and the operator of the Family Community
Residence shall return residents to their families or relocate them to a safe
and secure living environment. [Ord. 2021-022]
a. Definition
The use of a residential lot or unit for one Mobile Home.
b. Principal Use
Only Mobile Home Dwellings located within the MHPD Zoning
District, or within an existing approved Mobile Home Park, shall be treated as
a principal use.
One Mobile Home structure
may be allowed accessory to a principal Bona Fide Agriculture use.
1) Lot Size
a) AR (USA) and AGR
Districts
A minimum of five acres.
b) RR-2.5, RR-5,
RR-10, and AP FLU Designation
A minimum of ten acres.
c) RR-20 FLU
Designation
A minimum of 20 acres.
2) Setbacks
A minimum of 200 feet from a public street; 100 feet from all
other property lines.
3) Mobile Home
Removal Agreement
A removal agreement shall be executed and notarized between the
Building Division and Property Owner and recorded on the property in the Official
Records of the PBC Clerk prior to issuance of any Building Permit. The
agreement shall be recorded against the property stating that the Mobile Home
shall be removed within 30 days in the event the property is sold or the Bona Fide
Agriculture operation ceases to exist.
a. Definition
The use of a structure designed for two or more dwelling units
which are attached or the use of a lot for two or more dwelling units.
b. Typical Uses
Typical uses include apartments and residential condominiums.
c. Overlay – WCRAO
Multifamily is prohibited in the NR Sub-area per Table 3.B.14.E,
WCRAO Sub-area Use Regulations.
d. Zoning District
1) TMD
District
AGR-TMDs shall be
exempt from the integration requirement and shall comply with the Development
Order approved by the BCC.
2) RM District
Multifamily units may be allowed in the RM Zoning District as
follows: [Ord. 2017-025]
a) MR-5 FLU
Designation
(1) Existing RM
Zoning
The property was zoned RM prior to the 1989 adoption of the Plan,
and for lots less than three acres, provided that the proposed Multifamily
development does not introduce Multifamily housing into a subdivision that is
exclusively Single Family. [Ord. 2021-006]
[Ord. 2023-009]
(2) Density Bonus
The property is three acres or greater, utilizes the Transfer of
Development Rights and/or Workforce Housing Program to increase density, and
provided that the proposed Multifamily development does not introduce
Multifamily housing into a subdivision that is exclusively Single Family. [Ord. 2023-009]
(3) Approval Process
The approval process shall be as follows:
(a) Permitted by
Right for projects with one to four dwelling units; [Ord. 2023-009]
(b) DRO for
projects with five to eight dwelling units; [Ord. 2023-009]
(c) Class B
Conditional Use for projects with nine to 24 dwelling units; [Ord. 2023-009]
(d) Class A
Conditional Use for projects with 25 or greater dwelling units. [Ord. 2023-009]
(4) Development
Order
Prior approvals for Multifamily units in the RM Zoning District
with an MR-5 FLU designation shall be considered legal conforming uses.
b) HR-8, HR-12, or
HR-18 FLU Designation
Multifamily units on parcels with an HR-8, HR-12, or HR-18 FLU
designation, may be Permitted by Right unless Development Thresholds in Art. 4.A.9, Development
Thresholds are triggered. [Ord. 2017-025]
c) Limestone Creek
Multifamily units in the RM Zoning District shall be prohibited
in the area bounded on the north by 184th Place North, on the south by the C-18
Canal, on the east by Central Boulevard and the municipal limits of the Town of
Jupiter, and on the west by Narcissus Avenue (north of Church Street) and
Limestone Creek Road (south of Church Street).
d) Multifamily
Units in Single Family Subdivisions
Multifamily units in the RM Zoning District shall not be
approved on lots less than three acres within an existing exclusively Single
Family subdivision. [Ord. 2023-009]
a. Definition
Multiple dwelling units in Townhouses or Multifamily housing, or
a group of Single Family or other detached dwellings, that are not held out to
the general public for rent or occupancy, that provides a drug-free and
alcohol-free mutually supportive living arrangement for people in recovery from
substance use disorder, which, taken together, do not emulate a biological
family and are under the auspices of a single entity or group of related
entities. Recovery Communities include land uses for which the operator is
eligible to apply for certification or licensing from the State of Florida. The
term does not include any other group living arrangements for people who are
not disabled nor any Community Residence, Congregate Living Facility,
institutional or medical use, shelter, lodging or boarding house, extended-stay
hotel, nursing home, vacation rental, or other use defined in this this Code. [Ord.
2021-022]
b. Non-Conformities
1) An existing
Type 1 or Type 2 CLF, or other facility or use that conforms to the definition
of Recovery Community, located in the unincorporated area of Palm Beach County
as of the effective date of Ordinance No. 2021-022, that is not currently
licensed or certified by the State of Florida, and that does not receive
licensure, certification, or recertification from the designated State entity
within one calendar year from the effective date of Ordinance No. 2021-022,
shall not be considered a conforming use and shall cease operation one calendar
year from the effective date of Ordinance No. 2021-022 or within 60-calendar
days of the date on which certification, recertification, or the required
license is denied, whichever date comes first. The operator of the unlicensed
or uncertified Recovery Community must return residents to their families or
relocate them to a safe and secure living environment. [Ord. 2021-022]
2) An existing use
that conforms to the definition of Recovery Community, and located in the
unincorporated area of Palm Beach County that was previously licensed or
certified by the State of Florida, as of the effective date of Ordinance No.
2021-022, shall provide proof of license or certificate to the Zoning Division,
within one calendar year from the effective date of Ordinance No. 2021-022.
Should the operator fail to provide proof of license, certificate, or charter,
they shall: [Ord. 2021-022]
a) Cease operation
and vacate the premises within 60-calendar days and the operator shall return
residents to their families or relocate them to a safe and secure living
environment; or [Ord. 2021-022]
b) Request
approval for the applicable use pursuant to adopted Ordinance. [Ord. 2021-022]
c. Approval Process
1) Permitted by Right
a) Residential Pod
– PUD within Townhouse or Multifamily Housing
A Recovery Community may be located within an existing or
proposed pod for attached housing subject to the approval process for the
specific housing structure, and compliance with Art. 4.B.1.C.6.d,
Licensing or Certification and Art. 4.B.1.C.6.e,
Location. [Ord. 2021-022]
2) RM Zoning
District
A Recovery Community may be allowed in the RM Zoning District as
follows: [Ord. 2021-022]
a) MR-5 FLU
Designation
(1) Existing RM
Zoning
The property was zoned RM prior to the 1989 adoption of the
Plan. [Ord. 2021-022]
(2) Previous
Approval for Multifamily in the RM Zoning District with an MR-5 FLU Designation
A Recovery Community may be Permitted by Right when located
within existing Multifamily units in the RM Zoning District with an MR-5 FLU
designation, subject to compliance with Art. 4.B.1.C.6.d,
Licensing or Certification and Art. 4.B.1.C.6.e,
Location. Where a Multifamily with five or more units does not exist, the
Applicant shall seek approval for a Multifamily use pursuant to Art.
4.B.1.C.5.d.2), RM District. [Ord. 2021-022]
(3) A proposed
Recovery Community with a maximum of four units may be Permitted by Right in
the RM Zoning District with an MR-5 FLU designation, subject to compliance with
Art.
4.B.1.C.6.d, Licensing or Certification and Art. 4.B.1.C.6.e,
Location. [Ord. 2021-022]
b) HR-8, HR-12, or
HR-18 FLU Designation
A Recovery Community located on a parcel(s) with an HR-8, HR-12,
or HR-18 FLU designation, may be Permitted by Right unless Development
Thresholds in Art.
4.A.9, Development Thresholds are triggered, subject to compliance with Art. 4.B.1.C.6.d,
Licensing or Certification and Art. 4.B.1.C.6.e,
Location. [Ord. 2021-022]
c) Limestone Creek
A Recovery Community in the RM Zoning District shall be
prohibited in the area bounded on the north by 184th Place North, on the south
by the C-18 Canal, on the east by Central Boulevard and the municipal limits of
the Town of Jupiter, and on the west by Narcissus Avenue (north of Church
Street) and Limestone Creek Road (south of Church Street). [Ord. 2021-022]
3) Type 2 Waiver
A Recovery Community may request a Type 2 Waiver pursuant to Art. 2.B.7.D, Type 2
Waiver, when the proposed use does not meet the minimum distance between
other Community Residences, Recovery Communities, or CLFs pursuant to Art. 4.B.1.C.1.e.2),
Location. [Ord. 2021-022]
4) Zoning Confirmation
Letter
An Applicant proposing a Recovery Community shall apply for a
Zoning Confirmation Letter pursuant to Art.
2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or
Congregate Living Facility, in order to confirm compliance with Art. 4.B.1.C.6.d,
Licensing or Certification and Art. 4.B.1.C.6.e,
Location requirements. [Ord. 2021-022]
A Recovery Community shall be licensed or certified by one of
the certifying entities referenced in F.S.
§ 397.487 and be actively managed by a certified recovery residence
administrator. Certificate of Compliance and/or renewal shall be provided for
application review. [Ord. 2021-022]
1) Annual Notification of License, Certificate,
or Charter
The Applicant
shall annually provide proof of the valid license, certification, or charter
pursuant to Art. 2.C.8.A.2.d, Confirmation
for a Community Residence, Recovery Community, or Congregate Living Facility. Failure to provide proof of final
licensure or certification from the State of Florida, will result in revocation
of the approval for the use. [Ord. 2021-022]
A proposed Recovery Community shall be located at least 1,200
feet or ten lots whichever is greater, from the closest Recovery Community,
Community Residence, or Congregate Living Facility. [Ord. 2021-022]
1) The separation
requirement in this Section shall be measured in linear feet from property line
to property line. [Ord. 2021-022]
2) The separation
requirement, when developed as a group of Single Family or other detached
dwellings and located on separate adjacent lots, shall be measured in linear
feet from the perimeter property lines of the combined lots to the property
line of the closest Recovery Community, Community Residence, or Congregate
Living Facility. [Ord. 2021-022]
f. Revocation
An operator must provide evidence of licensure or certification
prior to the expiration of the 12-month Zoning Confirmation Letter for Recovery
Community, as issued. An operator who has not received licensure or
certification; or where a license or certification was denied, revoked, or
suspended, shall not be allowed to operate in PBC and the Zoning Confirmation
Letter for the Recovery Community shall become null and void. An operator must
notify the Zoning Director, or designee, that its license, certification, or
Oxford House Charter has been suspended or revoked within five-calendar days of
the operator being notified of the suspension or revocation. Such an operator
shall cease operation and vacate the premises within 60-calendar days and the
operator of the Recovery Community shall return residents to their families or
relocate them to a safe and secure living environment. [Ord. 2021-022]
a. Definition
The use of a lot or a
structure for one detached dwelling unit. [Ord.
2019-034]
a. Definition
A dwelling unit located on an individual lot and attached by at
least one but no more than two party wall(s) along 50 percent of the maximum
depth of the unit, to one or more dwelling units; has a continuous foundation;
each on its own lot, with said party wall(s) being centered on the common
property line(s) between adjacent lots.
b. Approval Process – RS Zoning
District
Townhouses shall only
be allowed in the RS Zoning District on parcels with an LR-2 or higher FLU
designation. Townhouses on parcels with an HR-8, HR-12, or HR-18 FLU
designation, may be allowed subject to DRO approval.
a. Definition
A Community Residence that provides a relatively temporary
living arrangement for unrelated people with disabilities with a limit on
length of tenancy less than a year which may be measured in weeks or months as
determined either in practice or by the rules, charter, or other governing
document of the Transitional Community Residence. A Transitional Community
Residence may service residents with substance use disorder who may be
undergoing detoxification at another location. A Transitional Community Residence
emulates a biological family to foster normalization of its residents and
integrate them into the surrounding community. Its primary purpose is to
provide shelter; foster and facilitate life skills; and, meet the physical,
emotional, and social needs of the residents in a mutually supportive
family-like environment. Medical treatment is incidental, as in any home.
Transitional 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 of Elder Affairs,
the Florida Agency for Health Care Administration, and the Florida Department
of Children and Families, under F.S.
ch. 419, and Recovery Residences certified by the State’s designated
credentialing entity established under F.S.
§ 397.487. [Ord. 2021-022]
b. Typical Uses
Typical uses shall conform to the definition, with less than one
year of tenancy, and include but are not limited to the following: [Ord.
2021-022]
1) Halfway houses
for people with disabilities that emulate a family, including people with
illness, substance use disorder, physical disabilities, or mental illness; [Ord.
2021-022]
2) Community
Residential Facility licensed under F.S.
ch. 419; [Ord. 2021-022]
3) Housing
licensed by F.S.
ch. 394 with only outpatient treatment; [Ord. 2021-022]
4) Recovery
Residences certified pursuant to F.S.
ch. 397 currently the Florida Association of Recovery Residences, typically
Levels 1-4 certified homes, when residency is less than one year; [Ord.
2021-022]
5) Short-term
group home; [Ord. 2021-022]
6) The Community
Housing component associated with a day or night residential treatment center
licensed under F.S.
§ 397.311; or, [Ord. 2021-022]
7) Previously
approved Type 1 CLF or Type 2 CLF for people with disabilities with less than
one year of tenancy and meeting the definition of Transitional Community
Residence. [Ord. 2021-022]
c. Approval Process
1) Permitted by
Right
a) AGR, AR, RE,
RT, or RS Zoning Districts, Detached Units Residential Pod of a PUD, or
Residential Land Use Zone of a TND; or ZLL or Cottage Homes within
CL/CH/CHO-MUPD or IND/L-PIPD Zoning Districts; or the NR Sub-area of the WCRAO
shall meet the following: [Ord.
2021-022]
(1) Art.
4.B.1.C.9.d, Licensing, Certification, or Charter; [Ord. 2021-022]
(2) Art. 4.B.1.C.9.e.2)a)(1),
Occupancy, maximum six residents defined pursuant to F.S.
§ 419.001; and, [Ord. 2021-022]
(3) Art. 4.B.1.C.9.f,
Location. [Ord. 2021-022]
b) IRO, UC, UI, or
RM Zoning Districts; or existing attached housing within a Residential Pod of a
PUD, CL/CH/CHO-MUPD, Residential or Neighborhood Center Land Use Zones of a
TND, or TMD Zoning Districts shall
meet the following: [Ord. 2021-022]
(1) Art.
4.B.1.C.9.d, Licensing, Certification, or Charter; [Ord. 2021-022]
(2) Art.
4.B.1.C.9.e.2)b), Occupancy; and, [Ord. 2021-022]
(3) Art. 4.B.1.C.9.f, Location. [Ord.
2021-022]
2) Type 2 Waiver
a) Use Approval
A Transitional Community Residence, when the residents are not
defined pursuant to F.S.
§ 419.001, shall request a Type 2 Waiver pursuant to Art. 2.B.7.D, Type 2
Waiver, to allow the use within the AGR, AR, RE, RT, or RS Zoning
Districts, Detached Units Residential Pod of a PUD, or Residential Land Use
Zone of a TND; or ZLL or Cottage Homes within CL/CH/CHO-MUPD or IND/L-PIPD
Zoning Districts; or the NR Sub-area of the WCRAO subject to the following
requirements: [Ord. 2021-022]
(1) Art. 4.B.1.C.9.d,
Licensing or Certification; [Ord. 2021-022]
(2) Art. 4.B.1.C.9.e.2)a)(2),
Occupancy; and, [Ord. 2021-022]
(3) Art. 4.B.1.C.9.f,
Location. [Ord. 2021-022]
(4) An Applicant
may seek additional Type 2 Waivers, when the Transitional Community Residents
does not meet the requirements of one or more of the following: [Ord.
2021-022]
(a) Art. 4.B.1.C.9.d,
Licensing or Certification, when licensing or certification is not required or
available from the State of Florida or Florida Association of Recovery
Residences. This does not apply when the Transitional Community Residence has
been denied a license or certification, or it has been revoked; [Ord.
2021-022]
(b) Art. 4.B.1.C.9.e.2)a)(2),
Occupancy, when the number of residents including staff that reside in the
dwelling unit, are more than ten, but still meet the definition of Transitional
Community Residence; or, [Ord. 2021-022]
(c) Art. 4.B.1.C.9.f,
Location, when the proposed Transitional Community Residence does not meet
the minimum distance from other Community Residences, Recovery Communities, or
Congregate Living Facilities. [Ord. 2021-022]
b) A Transitional
Community Residence may request a Type 2 Waiver pursuant to Art. 2.B.7.D, Type 2
Waiver, when the proposed use does not meet the requirements of one or more
of the following: [Ord. 2021-022]
(1) AGR, AR, RE, RT,
or RS Zoning Districts, Detached Units Residential Pod of a PUD, or Residential
Land Use Zone of a TND; or ZLL or Cottage Homes within CL/CH/CHO-MUPD or
IND/L-PIPD Zoning Districts; or the NR Sub-area of the WCRAO
(a) Art. 4.B.1.C.9.d.1),
Licensing or Certification, when licensing or certification is not required or
available from the State of Florida or the Florida Association of Recovery
Residences. This does not apply when the Transitional Community Residence has
been denied a license or certification, or it has been revoked; [Ord.
2021-022]
(b) Art.
4.B.1.C.9.e.2)a)(1), Number of Residents, including staff that reside in
the dwelling unit, are more than six but not exceeding 14 residents; or, [Ord.
2021-022]
(c) Art. 4.B.1.C.9.f, Location, when the proposed Transitional Community
Residence does not meet the minimum distance from the closest Community
Residence, Recovery Community, or Congregate Living Facility. [Ord. 2021-022]
(2) IRO, UC, UI, or
RM Zoning Districts; or Existing Attached Housing within a Residential Pod of a
PUD, CL/CH/CHO-MUPD, Residential or Neighborhood Center Land Use Zones of a
TND, or TMD Zoning Districts
A Transitional Community Residence may request a Type 2 Waiver
pursuant to Art.
2.B.7.D, Type 2 Waiver, when the proposed use does not meet the
requirements of one or more of the following: [Ord. 2021-022]
(a) Art. 4.B.1.C.9.d.1),
Licensing or Certification, when licensing or certification is not required or
available from the State of Florida or Florida Association of Recovery
Residences. This does not apply when the Transitional Community Residence has
been denied a license or certification, or it has been revoked; [Ord.
2021-022]
(b) Art.
4.B.1.C.9.e.2)b)(1), Number of Residents, including staff that reside in
the dwelling unit, are more than ten, but still meets the definition of
Transitional Community Residence; or, [Ord. 2021-022]
(c) Art. 4.B.1.C.9.f,
Location, when the proposed Transitional Community Residence does not meet
the minimum distance from the closest Community Residence, Recovery Community,
or Congregate Living Facility. [Ord. 2021-022]
3) Zoning
Confirmation Letter
An Applicant proposing to establish a Transitional Community
Residence shall apply for a Zoning Confirmation Letter pursuant to Art.
2.C.8.A.2.d, Confirmation for a Community Residence, Recovery Community, or
Congregate Living Facility, in order to confirm compliance with Licensing
or Certification, Occupancy, and Location requirements. [Ord. 2021-022]
1) A
Transitional Community Residence shall be licensed or certified by one of the
licensing entities referenced in F.S. § 419.001, § 397.311,
or § 397.487;
as follows: [Ord.
2021-022]
a) The appropriate
available license or certification that the State of Florida or Florida
Association of Recovery Residences, offers or requires to operate the proposed
Transitional Community Residence, including any provisional license or
certification issued prior to granting a full license or certification pursuant
F.S.
§ 419.001, §
397.311, or §
397.487. [Ord. 2021-022]
2) An existing
Type 1 or Type 2 CLF, or other facility or use that conforms to the definition
of Transitional Community Residence, located in the unincorporated area of Palm
Beach County as of the effective date of Ordinance No. 2021-022, that is not
currently licensed or certified by the State of Florida, and that does not
receive licensure, certification, or recertification from the designated State
entity within one calendar year from the effective date of Ordinance No.
2021-022, shall not be considered a conforming use and shall cease operation
one calendar year from the effective date of Ordinance No. 2021-022 or within
60-calendar days of the date on which certification, recertification, or the
required license is denied, whichever date comes first. The operator of the
unlicensed or uncertified Transitional Community Residence must return
residents to their families or relocate them to a safe and secure living
environment. [Ord. 2021-022]
3) An existing use that conforms to the
definition of Transitional Community Residence, and located in the
unincorporated area of Palm Beach County that was previously licensed or
certified by the State of Florida, as of the effective date of Ordinance No.
2021-022, shall provide proof of license or certificate to the Zoning Division,
within one calendar year from the effective date of Ordinance No. 2021-022.
Should the operator fail to provide proof of license, certificate, or charter,
they shall: [Ord. 2021-022]
a) Cease operation and vacate the premises
within 60-calendar days and the operator shall return residents to their
families or relocate them to a safe and secure living environment; or, [Ord.
2021-022]
b) Request approval for the applicable use
pursuant to adopted Ordinance. [Ord.
2021-022]
4) Annual Notification of License, Certificate,
or Charter
The Applicant
shall annually provide proof of the valid license, certification, or charter
pursuant to Art. 2.C.8.A.2.d, Confirmation
for a Community Residence, Recovery Community, or Congregate Living Facility. Failure to provide proof of final
licensure or certification from the State of Florida, will result in revocation
of the approval for the use. [Ord. 2021-022]
e. Occupancy
1) Residents of a
Transitional Community Residence may include but are not limited to: [Ord.
2021-022]
a) Frail elders or
other people with disabilities (F.S.
§ 429.65); [Ord. 2021-022]
b) Persons with disabilities (F.S.
§ 760.22(3)(a)); [Ord.
2021-022]
c) Persons with development disabilities (F.S.
§ 393.063); [Ord. 2021-022]
d) Non-dangerous person who has a mental illness (F.S.
§ 394.455); [Ord. 2021-022]
e) A child who is found to be dependent (F.S.
§ 39.01 or §
984.03); [Ord. 2021-022]
f) A child in need of services (F.S.
§ 984.03 or §
985.03); [Ord. 2021-022]
g) Persons
recovering from substance use disorder;
[Ord. 2021-022]
h) Staff who reside in the home of the
Transitional Community Residence and play an integral part of emulating a
family. [Ord. 2021-022]
2) Number of
Residents, Including Staff That Reside on the Property
a) AGR, AR, RE, RT,
or RS Zoning Districts, Detached Units Residential Pod of a PUD, or Residential
Land Use Zone of a TND; or ZLL or
Cottage Homes within CL/CH/CHO-MUPD Zoning Districts
(1) Maximum six residents defined pursuant to F.S. § 419.001; [Ord. 2021-022]
(2) Residents not defined pursuant to F.S. § 419.001 require a Type 2 Waiver to allow the use with a minimum of five and
a maximum of ten residents. [Ord.
2021-022]
b) IRO, UC, UI, or RM Zoning
Districts; or Existing Attached Housing within a Residential Pod of a PUD,
CL/CH/CHO-MUPD, Residential or Neighborhood Center Land Use Zones of a TND, or
TMD Zoning Districts
(1) Minimum five and a maximum of ten; or [Ord. 2021-022]
(2) Minimum five
and a maximum of 14 for residents defined pursuant to F.S.
§ 419.001. [Ord. 2021-022]
A Transitional Community Residence shall be located at least 660
feet or seven lots whichever is greater, from another Community Residence, Recovery
Community, or Congregate Living Facility.
The separation requirement in this Section shall be measured in linear feet
from property line to property line. [Ord. 2021-022]
1) Exemption
Per State law, Transitional Community Residences for people with
developmental disabilities located in a “planned residential community” as
defined by F.S.
§ 419.001(1)(d), are exempt from the spacing requirements between Community
Residences, Recovery Communities, and Congregate Living Facilities established
in this Code. [Ord. 2021-022]
g. Revocation
An operator must provide
evidence of a license or certificate prior to the expiration of the
12-month Zoning Confirmation Letter for Transitional Community Residence, as
issued. An operator who has not received licensure or certification; or where a
license or certification was denied, revoked, or suspended, shall not be
allowed to operate in PBC and the Zoning Confirmation Letter for the
Transitional Community Residence shall become null and void. An operator must notify the Zoning Director,
or designee, that its license, certification, or Oxford House Charter has been
suspended or revoked within five-calendar days of the operator being notified
of the suspension or revocation. Such an operator shall cease operation
and vacate the premises within 60-calendar days and shall either return
residents to their families or relocate them to a safe and secure living
environment. [Ord. 2021-022]
a. Definition
The use of a lot for one detached dwelling unit with at least
one wall, but not more than two walls or a portion thereof, located directly
adjacent to a side lot line.
b. Approval Process – RS Zoning
District
A ZLL Home shall only
be allowed in the RS Zoning District with an LR-2 or higher FLU designation. ZLL Homes on parcels with an
HR-8, HR-12, or HR-18 FLU designation, may be allowed subject to DRO approval.
Accessory uses shall comply with the specific Supplementary Use
Standards contained in this Section.
Accessory uses identified in Table
4.B.1.D, Corresponding Accessory Use to a Principal Use, shall be:
a. Permitted by
Right unless stated otherwise; and
b. Allowed to the
corresponding principal use in the Table.
|
Table 4.B.1.D – Corresponding
Accessory Use to a Principal Use
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Accessory Quarters
|
-
|
-
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Caretaker Quarters
|
-
|
-
|
-
|
-
|
-
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Estate Kitchen
|
-
|
-
|
P
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Family Day Care Home
|
P
|
P
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Farm Residence (2)
|
-
|
-
|
-
|
-
|
-
|
P (1)
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Farm Workers Quarters
|
-
|
-
|
-
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Garage Sale
|
P
|
P
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Groom’s Quarters
|
-
|
-
|
-
|
-
|
-
|
-
|
A
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Guest Cottage
|
-
|
-
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Home Occupation
|
P
|
P
|
P
|
P
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Kennel, Type 1
|
-
|
-
|
P
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Limited Pet Boarding
|
-
|
-
|
A (3)
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
[Ord. 2018-002] [Ord. 2018-018] [Ord.
2020-001]
|
|
Notes:
|
|
-
|
Accessory use not
allowed.
|
|
P
|
Permitted by
Right.
|
|
A
|
Accessory use
subject to Class A Conditional Use unless stated otherwise—See principal use
and accessory use supplementary standards.
|
|
1.
|
Farm Residence
may only be accessory to Bona Fide Agriculture in the AGR and AP Zoning
District.
|
|
2.
|
Accessory uses to
Single Family are Permitted by Right to a Farm Residence.
|
|
3.
|
Limited Pet
Boarding shall be allowed in the AGR and AR/RSA and AR/USA Zoning Districts
only.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Accessory residential uses shall be subject to the PDRs of the zoning
district in which the use is located unless stated otherwise.
Accessory residential uses shall remain under the same ownership
of the principal use and shall not be subdivided or sold as a condominium.
Provided all other applicable standards in the Code are met, a
principal use shall be allowed to have no more than one of each of the
accessory uses listed in Table
4.B.1.D, Corresponding Accessory Use to a Principal Use, unless stated
otherwise.
An accessory use shall continue only as long as the principal
use that it serves remains active.
a. Definition
A complete, separate living facility equipped with a kitchen and
provisions for sanitation and sleeping, located on the same lot as the owner-occupied
principal dwelling.
b. Building Area
The use shall be subject
to the following:
1) On less than one acre: a maximum of 800
square feet.
2) On one acre or more: a maximum of 1,000
square feet.
3) The floor area calculation shall include only
the living area of the Accessory Quarters under a solid roof.
4) Additional
floor area under a solid roof that is utilized as a porch, patio, porte-cochère,
carport, or garage shall not exceed 500 square feet.
c. Compatibility
The Accessory Quarters
shall be architecturally compatible in character and materials with the
principal dwelling.
d. Kitchen Facilities Removal
An agreement to remove
all kitchen equipment shall be executed and notarized between the
Building Division and Property Owner and recorded on the property in the Official
Records of the PBC Clerk prior
to issuance of any Building Permit. The
agreement shall require the kitchen to be removed if the principal dwelling is
no longer owner occupied.
e. No Separate Utility Service
There shall be no separate meters for any utilities. Both, the
principal dwelling and the accessory dwelling shall be connected to the same
utilities.
f. Design and Development Standards
– Townhouse or Zero Lot Line
A detached Accessory Quarters associated with a Townhouse or a
Zero Lot Line shall be located in the rear of the lot with access from a street
or alley.
a. Definition
An accessory residence used by a caretaker engaged in providing
security, custodial, or managerial services upon the premises.
b. Building Area, Except When Accessory
to Government Facilities
The use shall be
subject to the following:
1) On less than one acre: a maximum of 800
square feet.
2) On one acre or more: a maximum of 1,000
square feet.
c. Occupancy
A Caretaker Quarters
shall be for the exclusive use of the site on which it is located and shall be
occupied only by the custodian or caretaker and their family.
d. Temporary Use
Unless stated
otherwise, a Caretaker Quarters use shall not be allowed in association with a Temporary
Use.
e. Mobile Home
A Mobile Home may be
used for a Caretaker Quarters only in the AGR, AP, AR, IL, IG, PO, IPF, and
MHPD districts. A Mobile Home used in the AGR, AP, or AR districts, shall be
subject to the minimum acreage requirement pursuant to Art. 4.B.1.C.4.c, Accessory Use – Bona Fide
Agriculture. [Ord. 2018-002]
f. Mobile Home Removal Agreement
A removal agreement shall be executed and notarized between the
Building Division and Property Owner and recorded on the property in the Official
Records of the PBC Clerk prior to issuance of the Building Permit. The
agreement shall be recorded against the property stating that the Mobile Home
shall be removed within 30 days in the event the property is sold or the
principal use ceases to exist.
a. Definition
A second kitchen located within a principal Single Family, Zero Lot
Line, or Farm Residence.
b. Conversion to Duplex Prohibited
A secondary kitchen may be added provided there shall not be the
presence of a second complete and separate living environment associated with
the secondary kitchen.
a. Definition
An occupied residence in which custodial care is rendered to one
to six children, inclusive, and for which the owner or operator receives a
payment, fee, or grant for any of the children receiving care, whether or not
operating for profit, consistent with F.S.
§ 125.0109 as amended.
b. Signage
Signs shall not be
permitted.
a. Definition
A dwelling unit, other than
a Mobile Home, located on a parcel of land used for a Bona Fide Agriculture use
and occupied by the owner or operator of the farm operation.
b. Principal Dwelling
One principal dwelling shall be permitted for each bona fide farm operation.
a. Definition
One or more residential
structures providing a complete living environment, occupied by farm workers
who provide labor in conjunction with a Bona Fide Agriculture operation.
b. Building Area
One Farm Workers Quarters may be allowed for each 25 acres,
subject to the following:
1) Limited to a
maximum of four beds; and
2) The structure
shall not exceed 1,000 square feet of GFA under a solid roof.
c. AGR
Tier
AGR-PUD or TMD Preserves
shall be allowed one dwelling unit per acre provided such units are clustered
onto a single compact area of the preserve and are restricted to occupancy by
farm workers. Farm Workers Quarters shall not be located on property in
the AGR Tier to which no residential density is assigned by the FLU
designation.
d. Mobile Home Removal Agreement
A Mobile Home may be used for a Farm Workers Quarters. A removal agreement shall be executed and
notarized between the Building Division and Property Owner and recorded on the
property in the Official Records of the PBC Clerk prior to issuance of the Building
Permit. The agreement shall be recorded against the property stating
that the Mobile Home shall be removed within 30 days in the event the property
is sold or the Bona Fide Agriculture operation ceases to exist.
a. Definition
Temporary sale of household articles, in the front yard or
garage of a dwelling unit, by the occupant.
b. Duration
A maximum of 72 hours.
c. Number of Sales
A maximum of two per
year per dwelling unit.
a. Definition
On-site living quarters for persons responsible for grooming and
caring for horses boarded at a Stable.
b. Zoning
Districts – AGR-PUD or AGR-TMD
1) 20 Groom’s
Quarters may be allowed on the Preservation Area of an AGR-PUD or AGR-TMD.
2) For more than
20 Groom’s Quarters, the allowable density shall be decreased by one unit for
each Groom’s Quarters and shall not exceed a maximum reduction of one-half of
the number of dwelling units associated with the Preservation Area.
c. Number of Groom’s Quarters
1) 20 Acres or Less
One Groom’s Quarters
may be allowed for every four horse stalls.
2) More Than 20
Acres
One Groom’s Quarters may
be allowed for every three horse stalls.
d. Building Area
1) Each Unit
Each Groom’s Quarters shall not exceed 500 square feet of GFA
per unit.
2) 20 Acres or Less
The total GFA for all
Groom’s Quarters shall not exceed 5,000 square feet per lot.
3) Occupancy
Shall be limited to on-site employees and members of the
employees’ family only.
e. Approval Process
|
Table 4.B.1.E – Groom’s Quarters
|
|
Process
|
|
|
Class A Conditional
Use
|
≥ 101
|
|
Class B Conditional
Use
|
21-100
|
|
DRO
|
5-20
|
|
Permitted by Right
|
4 max.
|
f. Kitchen Facilities Removal
Groom's Quarters
may contain individual cooking facilities and/or one common dining facility. An
agreement to remove all kitchen equipment shall be executed and notarized between the Building Division and Property
Owner and recorded on the property in the Official Records of the PBC Clerk
prior to issuance of the Building Permit for the Groom’s Quarters. The
agreement shall require the kitchen to be removed within 90 days of the unit
ceasing to operate as a Groom’s Quarters.
a. Definition
An accessory sleeping quarters provided for non-paying guests by
the owner/occupant of a principal dwelling unit.
b. Building Area
The use shall be
subject to the following:
1) On less than one acre: a maximum of 800
square feet.
2) On one acre or more: a maximum of 1,000 square
feet.
3) The floor area calculation shall include only
the living area of the Guest Cottage under a solid roof.
4) Floor area
under a solid roof that is utilized as a porch, patio, porte-cochère, or
carport shall not exceed 500 square feet of GFA.
c. Kitchen or Cooking Facilities
There shall be no
kitchen or cooking facilities in a Guest Cottage.
d. Compatibility
A Guest Cottage shall be architecturally compatible in
character and materials with the principal dwelling unit.
e. No Separate Utility Service
There shall be no separate meters for any utilities. Both the
principal dwelling and the Guest Cottage shall be connected to the same
utilities.
a. Definition
A business, profession, occupation, trade, artisan, or handcraft
conducted in a dwelling unit for commercial gain by a resident of the unit. A
Home Occupation shall not include those businesses that are open to the public
including those required by State of Florida agencies.
b. Incidental Nature
Shall be clearly incidental
and subordinate to the residential use of the dwelling property.
c. Location
With the exception of
outdoor instructional services, a Home Occupation shall be conducted within the principal dwelling or off site, and shall
not be conducted within any accessory building or structure or within any open
porch or carport that is attached to and part of the principal structure.
Instructional services, which by their nature must be conducted outside of the
principal structure, such as swimming lessons, shall be located in a rear or
side yard.
d. No Change to Character of
Dwelling
The residential
character of the dwelling in terms of exterior appearance and interior space
shall not be altered or changed to accommodate a Home Occupation.
e. Employees
Shall be conducted by
members of the immediate family residing in the dwelling unit only. A maximum of
one person who is not a member of the immediate family may assist in the
operation of the Home Occupations at the residence.
f. Advertising
No external evidence or
sign shall advertise, display, or otherwise indicate the presence of the Home Occupation,
nor shall the street address of the Home Occupation be advertised through
signs, billboards, television, radio, or newspapers. Advertising on vehicles
shall be limited to the minimum necessary to meet requirements mandated by F.S. ch. 489 or Chapter 67-1876 of the PBC Contractor’s
Certification Division Manual.
g. Cottage Foods
No food preparation
shall be allowed, except as allowed in accordance with F.S. § 500.80, Cottage Food Operations, as amended.
h. On-Premise Sale of Goods and
Services
A Home
Occupation shall not involve the sale
of any stock, trade, supplies, products, or services on the premises, except
for instructional services or incidental retail sales where the Home
Occupation is a mail-order or internet
business.
i. Instructional Services
Instructional services
shall meet the following additional regulations:
1) Home
Instruction, Inside
Teaching which takes
place inside the dwelling unit of the instructor. Typical instruction includes
music lessons and academic tutoring.
2) Home
Instruction, Outside
Teaching which takes
place outside the dwelling unit, on the property of the instructor. This type
of instruction is limited to subject matter which necessitates outside
instruction. Typical instruction includes tennis, swimming lessons, dog
training, and equestrian lessons.
3) Hours of
Operation
Instruction shall occur
only between the hours of 9:00 a.m. and 8:00 p.m. daily.
4) Number of
Students
A maximum of three
students at a time may be allowed to receive instruction during a lesson.
5) Parking
No more than two vehicles
associated with the lessons may be allowed to be parked at the instructor's
home at any time.
6) Resident
The instruction must be
conducted by a resident of the dwelling where lessons are provided. Only one
instructor may be allowed to provide instruction.
j. Home Occupation in the AR/RSA
Additional standards and approval process apply to Home
Occupation with limited Landscape Service or limited Contractor Storage Yard
pursuant to this Article. [Ord. 2018-018]
k. Outside Storage
No equipment or materials used in the Home Occupation shall be
stored or displayed outside of the dwelling, including driveways.
l. Nuisances
No Home Occupation shall involve the use of any mechanical,
electrical, or other equipment, materials, or items which produce noise,
electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor,
or other nuisance outside the residential building. There shall be no storage
of hazardous or noxious materials on the site of the Home Occupation. [Ord. 2019-034]
m. Violations or Hazard
If any of the above requirements are violated, or if the use, or
any part thereof, is determined by the Zoning Director to create a health or
safety hazard, then the Business Tax Receipt may be revoked.
n. Vehicles
One business-related vehicle per dwelling unit not over one ton
rated capacity may be parked at the home, provided the vehicle is registered to
a resident of the dwelling; commercial vehicles are prohibited.
a. Definition
A residential lot with a Single Family dwelling designed or
arranged to facilitate the non-commercial care of domestic dogs and cats, owned
by the occupants of the premises.
b. Private Non-Profit
A Type 1 Kennel may include a private non-profit animal
organization that is not open to the public. A PBCACC Excess Animal Habitat permit shall be prohibited.
c. Hobby Breeder
A person who breeds up to two litters of dogs or cats or 19 dogs
or cats per one-year period, on their property. A hobby breeder is further
defined and regulated by the PBCACC pursuant to Ordinance
No. 98-22, as amended.
a. Definition
A Single Family dwelling with accessory boarding of domestic
cats or dogs not owned by the occupants of the premises.
b. Approval Process
The use shall be subject to Class A Conditional Use approval
process in the AGR and AR/RSA and AR/USA Zoning Districts pursuant to
Art. 2, Application
Processes and Procedures. In addition, the Applicant shall submit
simultaneously with the Class A Conditional Use application a letter from ACC
confirming the Applicant’s intent to develop the proposed use in the specific
location.
c. Lot Size
A minimum of one acre.
d. Separation Distance
Shall not be located within a radius of 1,000 feet of another
Limited Pet Boarding use. The separation distance shall be measured from
property line to property line.
e. Maximum Number
No more than a total of seven cats or dogs shall be boarded at
any given time. The total number of cats and dogs boarded and owned by the
resident of the Single Family dwelling shall not exceed the maximum limits for
dogs and cats established by Animal Care and Control pursuant to Sec.
4-22 of the PBC Code.
f. Boarding
Cats or dogs shall be boarded within the Single Family structure
except when outdoor activities take place. Boarding operations not conducted
within the Single Family dwelling, but in an accessory structure, must be a
legally conforming use as of October 1, 2016.
g. Hours
1) Outdoor
activities shall be limited to 7:00 a.m. and 9:00 p.m. unless under the
restraint or control of a person by means of a leash.
2) Business hours
including drop-off and pick-up shall be between 6:00 a.m. to 7 p.m.
h. Outdoor Areas
1) Cats and dogs
shall be personally supervised during the outdoor activity; and
2) Shall be set back
a minimum of 25 feet from all property lines.
i. Signage
No signage shall be allowed to advertise the Limited Pet
Boarding use.
j. ACC Permit
The operator of the use shall obtain Zoning approval prior to
application for an Operational Permit by the ACC.