HomeMy WebLinkAbout1986-12ORDINANCE NO. 86 - 12
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AMENDING SECTION 2.01 LANGUAGE AND
DEFINITIONS, AND SECTION 25.1, REGULATIONS FOR SPECIFIC LAND
USES, OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES
KNOWN AS THE ZONING CODE; PROVIDING FOR AMENDING THE
DEFINITIONS OF "FAMILY" AND'"GROUP HOME"; CODIFICATION;
SEVERABILITY; REPEAL OF CONFLICTING PROVISIONS; AND
EFFECTIVE DATE.
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida that:
Section 2.0, entitled "Language and Definitions," of
Appendix A of the Code of Laws and Ordinances known as the Zoning
Code, is hereby amended to read as follows:
Sec. 2.0 Language and definitions.
Family. Any number of individuals, related by blood,
marriage, or adoption, or up to four individuals not so related,
living together as a single house -keeping unit,se�ttdag-eke-t�se-ef
and utilizing common kitchen facilities within the dwelling. The
number of persons per room and the characteristics of 'the
dwelling unit must comply with Section 305 "Minimum Dwelling
Space Requirements," of the Southern Standard Housing Code.
Group homes.
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Level I, II, III and residential centers. State-l}eemsed
€ae}1±t±es Facilities which provide a family living
environment including supervision and care necessary to meet
physical, emotional, and social 1±fe needs of clients. The
facilities may also provide education and training for
resident clients. Group homes may also include households
which include a number of unrelated individuals which do not
exceed the resident capacities of the group homes.
Group homes shall.be distinguished by their resident
capacity as follows:
Level I group home, up to eight (8).residents;
Level II group home, up to twelve (12) residents;
Level III group home, up to twenty (20) residents,
Residential centers, twenty-one (21) or more residents.
Those grou2 homes whose residents are service -dependent
persons requiring special protection or custodial care in order
to meet their emotional and/or physical #needs must meet all
licensing requirements from the Department of Health and
Rehabilitative Services of the State of Florida.
CODING: Words in se#-iet�gk type are deletions from existing
law, words underlined are additions.
ORDINANCE NO. 86 - 12
Section 25.1,. entitled "Regulations for Specific Land Uses,"
of Appendix A of the Code of Laws and Ordinances known as the
Zoning Code, is hereby amended to read as follows:
25.1F INSTITUTIONAL USES
2., Group Homes: Level I_, II, III and Residential Centers.
(Administrative Permit and Special Exception)
d. Criteria for Group Homes: Level I, II, III and
Residential Centers.
i. Level I, II, and III group homes and residential
centers shall be defined as facilities 1±eemsedl by
HRS which provide a family living environment
including supervision and care necessary to meet
physical, emotional, and social It#e needs of
clients. The facility facilities may also provide
education and training for resident clients.
Group homes may also include households which
include a number of unrelated individuals which do
not exceed the resident capacities of the group
homes. Group homes shall be distinguished by
their resident capacity as follows:
-Level I group home, up to eight (8) residents;
-Level II group home, up to twelve (12) residents,
-Level III group home, up to twenty (20)
residents; and
-Residential centers, twenty-one (21) or more
residents;
Those group. homes whose residents are service -dependent
persons requiring special protection or custodial care in order
to meet their emotional and/or physical needs must meet all
licensing requirements from the. Department of Health and
Rehabilitative Services of the State of Florida.
viii. Any group home permit is nontransferable. If the
type of resident changes or the resident capacity
increases to such an extent that it would raise
the facility to a higher level group home as
.distinguised by the definition, the facility must
be reevaluated for an administrative permit or
special exception approval.
I
x. Any group home application is subject to the
publication and notification processes as defined
in Section 27, entitled "Administrative
Procedures" in Appendix A of the Code of Laws and.
Ordinances, known as the Zoning Code, prior to the
Planning and Zoning Commission's public hearing.
CODING: Words in stte3�-ket���i type are deletions from existing
law words underlined are additions.
ORDINANCE NO. 86 - 12
SECTION 3
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated into
the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
CVOMTnM A
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be
unconstitutional, inoperative or void, such holdings shall not
affect the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without
such unconstitutional, invalid or inoperative part.
SECTION 5 -
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the
Board of County Commissioners of Indian River County, Florida
which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All Special Acts of
the legislature applying only to the unincorporated portion of
Indian River County and which conflict with the provisions of
this ordinance are hereby repealed to the extent of such
conflict.
SECTION 6
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of Official
acknowledgment that this ordinance has been filed with the
Department of State.
ORDINANCE NO. 86- 12
Approved and adopted by the Board of County Commissioners of
Indian River County,. Florida on this 22nd day of January 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY : �.r.G
Don C. Scar- ock, Jr.
Chairman -
Acknowledgment of the Department of State of the State of
Florida this 27th. day of January 1986.
Effective Date: Acknowledgment from the Department of State
received on this 30th day of January 1986, at10:00
A.M./P.M. and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY.
Bruce Barkett, Assistance County Attorney
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