A. Purpose
The purpose of a Community Residence and Recovery Community Certificate is to ensure that any proposed or existing community residence or recovery community complies with the applicable standards in this Code including to determine whether the proposed use is allowed as of right under the definition of "family" in this Code; is allowed as of right subject to the standards in Sections 155.4202.I.3., 155.4202.J.3., or 155.4203.B.3.; requires a special exception; requires a reasonable accommodation to be occupied by more than ten unrelated individuals under Section 155.2432 and either Section 155.4202.I.3.c. or 155.4202.J.3.c.; complies with minimum floor area requirements applicable to all residential rental uses in Pompano Beach; and provides the minimum amount of off-street parking required by this Code.
B. Applicability
A Community Residence and Recovery Community Certificate is required for any person or entity to operate a community residence or recovery community within the city limits. A "Community Residence and Recovery Community Application" form shall be completed for all community residences and recovery communities with any number of occupants established beginning on the date on which this section goes into effect, for any existing community residence with any number of occupants not licensed by the State of Florida and recovery community that has not been granted a reasonable accommodation by the City of Pompano Beach under the provisions of Section 155.2432 of this Code, and for the recertification of any existing community residence with any number of occupants and recovery community to which the City of Pompano Beach granted a reasonable accommodation prior to the date on which this section goes into effect. A new Community Residence and Recovery Community Certificate is required for any change in use, additional use, change in location, change in ownership, and/or change in business name. A Community Residence and Recovery Community Certificate is required prior to the issuance of a Business Tax Receipt.
C. Community Residence and Recovery Community Certificate Procedure
1. Step 1: Pre-Application Meeting
Not Applicable.
2. Step 2: Neighborhood Meeting
Not Applicable.
3. Step 3: Application Submittal and Acceptance
Applicable (See Section 155.2303.).
4. Step 4: Staff Review and Action
Applicable to a final decision by the Development Services Director (See Section 155.2304.).
5. Step 5: Public Hearing Scheduling and Notice
Not applicable.
6. Step 6: Advisory Body Review and Recommendation
Not applicable.
7. Step 7: Decision-Making Body Review and Decision
Not applicable.
D. Community Residence and Recovery Community Contents
1. The "Community Residence and Recovery Community Application" form shall be obtained from and shall be returned to the Director of Development Services or designee prior to occupancy or construction of the proposed community residence or recovery community. The application form shall request information needed to determine whether the proposed community residence is allowed as of right under the definition of "family" in this Code and whether the proposed community residence or recovery community is allowed as of right subject to the standards in Section 155.4202.I.3., 155.4202.J.3., or 155.4203.B.3.; requires a special exception; requires a reasonable accommodation to be occupied by more than ten unrelated individuals under Section 155.2432 and either Section 155.4202.I.3.c. or 155.4202.J.3.c.; the maximum number of occupants allowed under city code provisions that apply to all residential uses; to determine the minimum number of off-street parking spaces required; and to identify whether any further accommodation is needed in accord with Section 155.2432, Reasonable Accommodation of this Code.
E. Community Residence and Recovery Community Application Review Standards
A Community Residence and Recovery Community Certificate shall be approved only on a finding that the proposed use complies with all applicable standards in this Code.
F. Effect of Approval
A Business Tax Receipt shall only be issued for the use specified in the approved Community Residence and Recovery Community Certificate. An approved Community Residence and Recovery Community Certificate is only valid for the specific address, business name, corporate name, and type of business for which it was approved.
G. Expiration
A Community Residence and Recovery Community Certificate shall automatically expire if a Business Tax Receipt is not obtained within 60 days after the date of approval. A Community Residence and Recovery Community may be revoked in accordance with Section 155.8402.B.3., Revocation of Community Residence and Recovery Community Certificate.
H. Appeal
A party aggrieved by the decision rendered by the Development Services Director may appeal the decision to the ZBA in accordance with the procedures in Section 155.2424, Appeal.
I. Revocation
A Community Residence and Recovery Community Certificate may be revoked in accordance with the procedures in Section 155.8402.B.3., Revocation of Community Residence and Recovery Community Certificate. A Community Residence and Recovery Community Certificate that has been revoked nullifies the accompanying Business Tax Receipt.