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ORDINANCE PERTAINING TO ZONING IN THE UNINCORPORATED AREA OF MIAMI-DADE COUNTY; AMENDING SECTIONS 33-1, 33-223.1, 33-223.6, 33-238, 33-259, 33-264, AND 33-284.30 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING THAT ADULT DAY CARE CENTERS BE SPACED A CERTAIN DISTANCE FROM ONE ANOTHER IN CERTAIN COMMERCIAL, INDUSTRIAL, AND MIXED-USE ZONING DISTRICTS; MAKING TECHNICAL AND REORGANIZATIONAL CHANGES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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WHEREAS, in 2011, the Board adopted Ordinance No. 11-04, permitting adult day care centers as of right in certain commercial, industrial, and mixed-use zoning districts; and
WHEREAS, section 33-1 of the County Code defines an adult day care center as �a facility that provides, for a part of a day, care services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services�, which may include �therapeutic programs of social and health activities and services; leisure activities; self-care training; rest; nutritional services; and respite care�, within �a protective and noninstitutional setting�; and
WHEREAS, section 33-1 further provides that, at adult day care centers, �[c]are services shall not include regular physician visits or treatment programs for alcohol or substance abuse addiction or impairment�, but �[o]n-site supportive and optional services� such as �speech, occupational, and physical therapy; legal consultation; consumer education; and referrals for follow-up services� are permitted; and
WHEREAS, the County Code requires adult day centers to be licensed in accordance with chapter 429 of the Florida Statutes, with proof of such licensure provided to the County prior to the issuance of a certificate of use; and
WHEREAS, while these facilities serve an important function, there is currently an over-concentration of adult day care centers in certain areas of Miami-Dade County and an under-concentration of such facilities in other areas; and
WHEREAS, these types of businesses can have negative impacts on the surrounding community when over-concentrated in a given area; and
WHEREAS, in particular, adult day care centers can result in increased traffic due to drop-off and pick-up of seniors at the facilities and buses and vans transporting the aging population to and from their homes, medical appointments, and adult day care centers, all of which lead to greater traffic congestion and safety concerns; and
WHEREAS, such facilities require adequate space for drop-off and pick-up of seniors, including adequate areas for buses and vans to turn into and out of the sites, without impacting traffic flow and congestion on adjacent roadways; and��
WHEREAS, to ensure that adult day care centers can appropriately and safely serve the growing aging population throughout the County, this Board wishes to require that such facilities be spaced a certain distance from one another,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recitals are approved and incorporated herein.

Section 2. Section 33-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 33-1. Definitions.

For the purpose of this chapter, the following definitions for terms used herein shall apply to all sections of this chapter unless the context clearly indicates otherwise:

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(1.2) Adult Day Care Center. As defined in Chapter 429, Florida Statutes, [[an Adult Day Care Center shall include]] a facility that provides, for a part of a day, care services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services. Said care services may include, but are not limited to, providing a protective and noninstitutional setting with therapeutic programs of social and health activities and services; leisure activities; self-care training; rest; nutritional services; and respite care. Care services shall not include regular physician visits or treatment programs for alcohol or substance abuse addiction or impairment. On-site supportive and optional services provided at an adult day care center may include, but are not limited to, speech, occupational, and physical therapy; legal consultation; consumer education; and referrals for follow-up services. Overnight stay or overnight care is not permitted. [[A valid Certificate of Use shall be obtained and renewed annually. Adult day care centers shall be licensed in accordance with Chapter 429, Florida Statues, and proof of such license shall be provided to the County prior to issuance of a certificate of use.]]

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Section 3. Section 33-223.1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-223.1. Uses permitted.

No land, body of water or structure shall be used, or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved or structurally altered or maintained for any purpose in an RU-5 District which is designed, arranged, or intended to be used or occupied for any purpose, except for one or more of the following uses, and all other uses are hereby prohibited:

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(6.1) Adult day care center>>, subject to the following conditions:

(a) Such facility shall be licensed in accordance with chapter 429, Florida Statutes;
(b) A valid certificate of use shall be obtained and renewed annually, with proof of state licensure provided to the County prior to issuance or renewal of the certificate of use; and
(c) No such facility shall be located any less than 1,000 feet from any other existing, unabandoned legally established adult day care center facility, measured by following a straight line from the nearest portion of the structure of the proposed use to the nearest portion of the structure of the existing use.<<

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Section 4. Section 33-223.6 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-223.6. Uses Permitted.

No land, body of water or structure shall be used, or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved or structurally altered or maintained for any purpose in an RU-5A District which is designed, arranged, or intended to be used or occupied for any purpose, except for one or more of the following uses, and all other uses are hereby prohibited:

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(3.1) Adult day care center>>, in accordance with the conditions set forth in section 33-223.1 of this Code<<

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Section 5. Section 33-238 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-238. Uses Permitted.

No land, body of water, or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, moved, reconstructed, structurally altered, or maintained in any BU-1 District, which is designed, arranged, or intended to be used or occupied for any purpose, except for one or more of the following uses:

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(1.3) Adult day care center>>, in accordance with the conditions set forth in section 33-223.1 of this Code<<

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Section 6. Section 33-259 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-259. Uses Permitted.

No land, body of water, or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, moved, reconstructed, structurally altered, or maintained, in any IU-1 District, which is designed, arranged, or intended to be used or occupied for any purpose, except for one or more of the following uses:

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(2.1) Adult day care center>>, in accordance with the conditions set forth in section 33-223.1 of this Code<<

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Section 7. Section 33-284.30 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-284.30. Uses Permitted.

(A) No land, body of water and/or structures shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, moved, reconstructed, or structurally altered or maintained in any OPD District, which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise herein provided, excepting for one (1) or more of the following uses:

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(2) Accessory uses.�Accessory uses are those uses that are associated with the principal use(s) and which provide service primarily to employees and patrons of the office park. The accumulative total of all accessory uses shall be limited to a maximum of fifteen (15) percent of the total gross interior square footage of the buildings proposed for the site. Such uses shall have no outside advertising. Areas devoted to structure parking shall not be included in the above calculations. Service facilities shall constitute the following:

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(d) Personal services such as:

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(x) Adult day care center>>, in accordance with the conditions set forth in section 33-223.1 of this Code<<

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Section 8. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 9. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 10. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.




1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.