The purpose of this article is to implement Chapters 419 and 429, Florida Statutes, as may be amended, as they relate to Community Residential Homes. This article shall only apply to those facilities licensed by the State of Florida.

(Ord. No. 2025-15, § 20, 4-1-25)

This article shall apply to the following use categories:

(a)

Community Residential One-Family Dwelling; one to six (1-6) residents.

(b)

Community Residential Home; seven to fourteen (7-14) residents.

(c)

Assisted Living Facility; fifteen (15) or more residents.

(Ord. No. 2025-15, § 20, 4-1-25)

An application shall be submitted to the Zoning Official to request any of the use categories listed in Section 39-675. An application shall include the following, as applicable:

(a)

Community Residential One-Family Dwelling. An application for community residential one-family dwellings with six (6) or fewer residents shall identify the number of intended residents and shall provide the most recently published data compiled from the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, the Department of Children and Families, or the Agency for Health Care Administration (the "Licensing Entity") that identifies all community residential homes within the jurisdictional limits of the Broward Municipal Services District (the "BMSD").

(b)

Community Residential Home and Assisted Living Facility. An application for either a community residential home or an assisted living facility must identify the number of residents intended and the community support requirements of the program. The application shall also contain a statement from the Licensing Entity indicating the licensing status of the proposed use and specifying how it meets applicable licensing criteria for the safe care and supervision of the residents of the home. The applicant shall also provide the most recently published data compiled from the applicable Licensing Entity that identifies all community residential homes or assisted living facilities within the jurisdictional limits of the BMSD.

(Ord. No. 2025-15, § 20, 4-1-25)

In addition to the requirements provided in this article, all community residential homes and assisted living facilities shall comply with the zoning requirements of the district in which they are located. Community Residential One-Family Dwellings with six (6) or fewer residents shall be permitted as a one-family dwelling, provided they meet distance separation requirements.

(Ord. No. 2025-15, § 20, 4-1-25)

(Ord. No. 2025-15, § 20, 4-1-25)

Residential density for each facility category shall be determined as follows:

(a)

A community residential one-family dwelling shall be considered as one (1) dwelling unit.

(b)

A community residential home with seven to ten (7-10) residents shall be considered as two (2) dwelling units; community residential homes with eleven to fourteen (11-14) residents shall be considered as three (3) dwelling units.

(c)

Every bedroom within an assisted living facility shall be counted as a half (0.5) dwelling unit.

(Ord. No. 2025-15, § 20, 4-1-25)

Applications regulated under this article must include a survey demonstrating compliance with distance separation requirements. All distance requirements in this section shall be measured from the nearest point of the property line of the existing home or area of single-family zoning to the nearest property line of the proposed home/facility. Distance separation requirements are as follows:

(Ord. No. 2025-15, § 20, 4-1-25)

Pursuant to Chapter 419, Florida Statutes, requests for review and compliance with this article shall be completed by the Urban Planning Division or its successor agency (the "Division") within sixty (60) days after application submittal. Notwithstanding other applicable provisions of Chapter 39 of the Broward County Code of Ordinances (the "Zoning Code"), failure by the Division to respond within the sixty (60) day timeframe shall permit the agency or unit of government, a for-profit or nonprofit agency, or any other person or organization that intends to establish or operate a community residential home to establish the community residential home at the site selected. Applications for community residential homes shall satisfy the following requirements:

(a)

The siting of the community residential home is in accordance with all applicable zoning requirements specified in the Zoning Code;

(b)

The community residential home meets applicable licensing criteria established and determined by the applicable Licensing Entity, including requirements that the community residential home be located at a site that assures the safe care and supervision of all its residents; and

(c)

The location of the community residential home shall not 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. An overconcentration or combination of use shall be considered to occur when the locations of the community residential homes that are less than the distances provided in Section 39-680 of the Zoning Code or are inconsistent with state law.

(Ord. No. 2025-15, § 20, 4-1-25)