On June 5, 2018, the Town Council directed the Town Attorney to explore amendments to the Town Code that would articulate a procedure to adequately provide for community homes in residential districts. Examination of the code yielded insufficient language regarding the protection of disabled individuals residing in community homes, as well as minimum housing standards for all residential properties. While the Fair Housing Act as amended (42 U.S.C. §3601) and American with Disabilities Act (42 U.S.C. ch. 126 § 12101 et seq) provide protections for persons with disabilities and prohibit housing discrimination of disabled individuals, it is important that the Town's Land Use Code reflect these protections and, at the same time, ensure that appropriate provisions exist to ensure that disabled individuals can benefit from residence and rehabilitation in community residences that function as families, in order to achieve normalization and community integration. A close examination of the Code found four deficiencies that needed to be addressed. The first related to a lack of language requiring certification or licensing of community residences by the appropriate agencies. The second related to lack of reasonable minimum housing standards, that can prevent overcrowding of residences. The third deficiency was the provisions did not provide for minimum distance separation between community residences to prevent clustering. And third, the LDC lacked provision for reasonable accommodations as well as conditional use standards for the successful establishment of community homes in residential neighborhoods. Language requiring registration of Community Residences was added as well, in order to ensure that the town can establish whether all previously mentioned requirements are satisfactorily met.
Proposed Changes
The following described elements are presented in the same order that they appear in the proposed ordinance.
Addition of minimum Housing Standards. The first deficiency of the Town's Code is a lack of housing standards to prevent overcrowding of residential homes and community homes. The proposed amendment adopts standards loosely based on Miami Dade's standards as well as other nearby municipalities, to ensure that all Town of Miami Lakes residents enjoy suitable housing. This amendment properly aligns the LDC with the Housing Element of the Town's Comprehensive Development Master Plan (CDMP).
Adjustment of language throughout Article VI. – Zoning District Regulations. Language in all zoning districts currently allowing residential uses was amended in order to clarify that community residences are an allowed residential use.
Creation of Division 27. The rest of the adjustments are achieved via the introduction of Division 27 detailing particulars regarding the need for registration, licensing and/or certification, distance separation, as well as providing for procedures to allow for reasonable accommodations and conditional uses as warranted by the individual circumstances of each community home. The new language also provides procedures for existing homes to come into compliance within 60 days, as well as for loss of certification or license, as required.