16-025 1 ORDINANCE 16-025
I 23
4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, ESTABLISHING A MORATORIUM ON THE
6 PROCESSING, APPROVAL OR ISSUANCE OF ANY NEW
7 LICENSES, BUSINESS TAX RECEIPTS, DEVELOPMENT
8 ORDERS, CERTIFICATES OF USE OR PERMITS FOR GROUP
9 HOMES IN THE JURISDICTIONAL BOUNDARIES OF THE
10 CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
11 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
12
13 WHEREAS, on November 10, 2016 the United States Departments of Justice and
14 Housing and Urban Development Released Updated Fair Housing Act Guidance on State
15 and Local Land Use Laws related to group housing; and
16 WHEREAS, on December 6, 2016 the City Commission adopted Resolution R16-164
17 which incorporated City Notice of Intent 2016-02 declaring the commencement of a study period
8 related to City zoning and use regulations concerning group homes; and
19 WHEREAS, the City Commission conducted a Public Hearing on December 19, 2016
20 regarding the purpose and scope of Notice of Intent 2016-02; and
21 WHEREAS, the City Commission found it in the public interest to clarify the scope and
22 effect of Notice of Intent 2016-02 and the Zoning In Progress that corresponds to the study
23 period, and adopted Resolution R16-165 reelecting those points of clarification; and
24 WHEREAS, based upon the facts and opinions expressed during the public hearing
25 referenced above and recommendations from City Administration and City Attorney, the City
26 Commission deems it necessary and to be in the best interests of the health, safety, and welfare of
27 the citizens and residents of the City of Boynton Beach, to establish a moratorium on the
28 processing and issuance of any licenses, business tax receipt, development orders, certificates of
119 use or permits for a group home within the City of Boynton Beach, Florida until June 4, 2017;
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30 and,
1 WHEREAS, the Commission deems it in the best interest of the City and its residents to
32 undertake during the moratorium the review and revision of the zoning and use regulations as
33 they relate to group housing within the City of Boynton Beach to find the proper means of
34 protecting the legal rights of group home occupants while preserving the integrity of the City's
35 zoning plan; and,
36 WHEREAS, the Commission has legal authority to initiate the review process by
37 declaration of a moratorium; and,
38 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter
39 166 of the Florida Statutes, the City of Boynton Beach is authorized and required to protect the
40 public health, safety and welfare of its citizens and has the power and authority to enact
41 regulations for valid governmental purposes that are not inconsistent with general or special law;
2 and,
43 WHEREAS, the public health, safety and welfare is a legitimate public purpose
44 recognized by the courts of the State of Florida.
45 WHEREAS, based upon the above facts, the City Commission deems it necessary and
46 to be in the best interests of the health, safety, and welfare of the citizens and residents of the
47 City,to impose a moratorium on the processing and approval of any new applications for a group
48 home or the issuance of any new licenses, business tax receipts, development orders, certificates
49 of use or permits for uses that involve the group homes until June 4,2017.
50 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
51 THE CITY OF BOYNTON BEACH,FLORIDA THAT:
52
53 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
154 being true and correct and are hereby made a specific part of this Ordinance. These clauses
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55 represent the legislative findings of the City Commission. It is the purpose and intent of this
6 Ordinance to promote the health, safety and welfare of the residents and citizens of the City of
57 Boynton Beach.
58 Section 2. The City Commission hereby declares a moratorium which shall run from
59 the commencement of the City's declaration of Zoning In Progress (December 6, 2016) to June
60 4, 2017 during such time the City will suspend the processing or approval of any applications or
61 the issuance of any new licenses, business tax receipts, development orders, certificates of use or
62 permits for group homes. The moratorium may be extended by the City Commission by
63 subsequent ordinance should additional time be needed by the City for the adoption of
64 appropriate land development regulations. Nothing herein shall be interpreted or applied to
65 prohibit the submission of or review of an application for reasonable accommodation during the
6 moratorium period.
7 GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT
68 REGULATIONS (LDR)
69
70 A. Revisions to land use, zoning and life-safety requirements applicable to group homes
71 that do not constitute intentional or de facto discrimination against prospective
72 occupants of group homes.
73 B. Modification of the City's reasonable accommodation procedures.
74 C. Clarification of per occupant caps related to residential occupancy regulations.
75 D. Inclusion of spacing or dispersal regulations related to group homes.
76 E. Modification of proposed chronic nuisance regulations to group homes.
77
78 During the Moratorium,the City will evaluate revisions to:
79 Land Development Regulation Chapter 3, Articles II, III, IV, V
80 Land Development Regulation Chapter 3, Section 3, Use Regulations,
81 Land Development Regulation Chapter 3, Section 3-D, Use Matrix
82
83 Additional Sections of the Land Development Regulations may be included as the study
84 progresses.
185
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86 Section 3. If any clause, section, or other part or application of this Ordinance
87 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
88 unconstitutional or invalid part or application shall be considered as eliminated and so not
89 affecting the validity of the remaining portions or applications remaining in full force and
90 effect.
91 Section 4. All Ordinances or parts of Ordinances, Resolutions or part of
92 Resolutions in conflict herewith are to the extent of such conflicts hereby repealed.
93 Section 5. This Ordinance shall take effect immediately upon its passage.
94 FIRST READING this 3rd day of January, 2017.
95
96 SECOND, FINAL READING AND PASSAGE this 17th day of January, 2017.
97
98 CITY OF BOYNTON BEACH, FLORIDA
99
00 YES NO
01
02 Mayor— Steven B. Grant
103
104 Vice Mayor—Mack McCray
105
106 Commissioner—Justin Katz
107 r"
108 Commissioner—Christina L. Romelus
109
110 Commissioner—Joe Casello
111
112
113 VOTE .0
114 ATTEST:
115
116 d
er;6 -117 Gr
118 JuOh A. Pyle, CMC k, M^
119 City Clerk fi ,,f
120 ;� �� .
121 ���'
122 -Aika
23 (Corporate Seal) '
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