155.4203. RESIDENTIAL: GROUP LIVING USES
   A.   Assisted Living Facility
      1.   Districts Where Permitted
 
RS-1
RS-2
RS-3
RS-4
RS-L
RD-1
RM-7
RM-12
RM-20
RM-30
RM-45
MH-12
B-1
B-2
B-3
B-4
P
P
P
 
 
M-1
CR
I-1
I-IX
OIP
M-2
TO
PR
CF
PU
T
BP
RPUD
PCD
PD-TO
LAC
PD-1
P
P
P
P
 
      2.   Definition
   An assisted living facility is a state-licensed building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator.
      3.    Standards
   An assisted living facility that houses four to ten individuals with disabilities and that comports with the definition of a "community residence" is a "community residence" subject to the zoning provisions for a "community residence" in Section 155.4202.I. and J. of this section. A permanent emergency generator shall be required at any assisted living facility and nursing home. The installation of the required generator shall be subject to all permit requirements, and shall be inspected and approved by the city and installed prior to the issuance of a certificate of use. The permanent generator shall have sufficient operating capacity, and either sufficient on-site fuel storage capacity (with sufficient fuel) or a continuous fuel source by means of permanently installed infrastructure providing fuel to the site of the adult congregate living facility, convalescent home or nursing home, to provide power to all permanently installed electrical power systems at the facility, as well as all medical equipment necessary to sustain life and health of patients and all residents and to power HVAC systems to maintain a temperature of not more than 80 degrees, for a minimum 96-hour period. Any such uses that are existing and are operating with a valid certificate of use as of the effective date of this ordinance shall have the required permanent emergency generator (and fuel) installed as required herein no later than June 1, 2018. Modifications to approved site plans for such uses that are existing and operating with a valid certificate of use as of the effective date of this ordinance for the purpose of compliance with this section may be approved by the Development Services Director or designee, provided such modifications generally comply with all requirements of this Code and do not result in an increase of the intensity of existing use or in the violation of any condition of approval. The Development Services Director may approve minor waivers to the standards in Article 5 Development Standards for existing facilities, if it is demonstrated that the implementation of the standard is not possible without creating minor conflicts with required access, circulation, parking, loading, landscaping, screening, fences, and walls. The Development Services Director may additionally waive Section 155.4302.B.2.g if the only feasible location for the generator is in front of the principal structure. Violations of this section may be brought before the city's Special Magistrate for Code Compliance. Individuals found in violation of this section shall be subject to a minimum fine of $500 per day for each offense. Each day of noncompliance shall constitute a separate offense. Nothing contained herein shall preclude the city from enforcing said regulations before any court of competent jurisdiction.
   B.   Recovery Community
      1.   Districts Where Permitted
 
RS-1
RS-2
RS-3
RS-4
RS-L
RD-1
RM-7
RM-12
RM-20
RM-30
RM-45
MH-12
B-1
B-2
B-3
B-4
 
 
 
 
 
S
P
P
P
P
P
 
P
P
P
 
 
 
M-1
CR
I-1
I-IX
OIP
M-2
TO
PR
CF
PU
T
BP
RPUD
PCD
PD-TO
LAC
PD-1
 
 
 
 
 
 
P*
 
 
 
 
 
P
P
P
P
P
   * Refer to the applicable Use Regulating Plan and Principal Uses Regulating Table within each Transit Oriented overlay district for the list of permitted locations and/or additional restrictions.
      2.   Definition
         A recovery community consists of multiple dwelling units in a single multi-family structure that are not held out to the general public for rent or occupancy, that provides a drug-free and alcohol-free living arrangement for people in recovery from drug and/or alcohol addiction, which, taken together, do not emulate a single 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 from the State of Florida. When located in a multiple-family structure, a recovery community shall be treated as a multiple family structure under building and fire codes applicable in Pompano Beach.
      3.   Standards
         a.   A recovery community shall be allowed as of right in the designated zoning districts except as required by state law when
            i.   It is at least 1,200 linear feet from the closest existing recovery community or community residence as measured from the nearest property line of the proposed recovery community to the nearest property line of the closest existing recovery community or community residence, and
            ii.   The operator or applicant is licensed or certified by the State of Florida to operate the proposed recovery community.
         b.   A recovery community that does not comply with standard a.1., or where only allowed by special exception, may be allowed only by special exception in accord with the standards established in Section 155.2406.D. of this Code.
      4.   License, Certification, or Recertification Denied or Suspended
         A recovery community that has been denied a license the State of Florida requires or certification offered by the State of Florida, had its license or certification suspended, or has been denied recertification is not allowed in the City of Pompano Beach and must cease operations and vacate the premises within 60 days of the date on which its license or certification was denied or suspended or recertification denied.
   C.   Continuing Care Retirement Community
      1.   Districts Where Permitted
 
RS-1
RS-2
RS-3
RS-4
RS-L
RD-1
RM-7
RM-12
RM-20
RM-30
RM-45
MH-12
B-1
B-2
B-3
B-4
P
P
P
P
P
P
 
 
M-1
CR
I-1
I-IX
OIP
M-2
TO
PR
CF
PU
T
BP
RPUD
PCD
PD-TO
LAC
PD-1
P
P
P
P
P
 
      2.   Definition
   A continuing care retirement facility is an integrated development that offers senior citizens a full continuum of housing options and assistance, ranging from fully independent dwelling units, to assistance with personal care in assisted living facilities, to long-term skilled nursing care in a nursing home facility. A continuing care community does not emulate a biological family nor seek to achieve normalization or community integration and is not a community residence.
      3.   Standards
   The major component parts of a continuing care retirement community shall each comply with the standards applicable to the principal use most closely representing the component—i.e., nursing home facility standards for the skilled nursing services components, assisted living facility standards for assisted living services component, and single-family, two-family, and/or multifamily dwelling standards, as appropriate, for the independent living component.
   D.   Rooming or boarding house
      1.   Districts Where Permitted
 
RS-1
RS-2
RS-3
RS-4
RS-L
RD-1
RM-7
RM-12
RM-20
RM-30
RM-45
MH-12
B-1
B-2
B-3
B-4
S
S
S
 
 
M-1
CR
I-1
I-IX
OIP
M-2
TO
PR
CF
PU
T
BP
RPUD
PCD
PD-TO
LAC
PD-1
S
P
P
P
P
 
      2.   Definition
   A rooming or boarding house is a single-family dwelling that also contains three or more sleeping rooms used or designed to provide rental lodging for transient or permanent residents, either with meals (boarding house) or without meals (rooming house). A rooming or boarding house does not emulate a biological family nor seek to achieve normalization or community integration and is not a community residence.
      3.   Standards
         A rooming or boarding house shall comply with the following standards:
         a.   No more than ten rooms shall be rented at any one time.
         b.   The owner shall maintain the house as a primary residence.
         c.   Sleeping rooms in a rooming house shall:
            i.   Not include individual kitchen facilities; and
            ii.   Be accessed by a common room or hallway and not have individual access to the outside (except for emergency exits required by Building Code and Fire Code standards).
(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-37, passed 1-22-13; Am. Ord. 2013-82, passed 9-24-13; Am. Ord. 2018-44, passed 2-27-18; Am. Ord. 2018-60, passed 6-12-18; Am. Ord. 2022-36, passed 3-22-22)