§ 65.524. Denial of Permit; Appeal Procedure.

If any proposed Community Residential Home, for which an application for a Certificate of Separation is filed, does not conform with the provisions of any applicable zoning regulation or rule, the application shall be disapproved; and the applicant notified in writing of the reasons for the disapproval. Applications may be denied for the following reasons:

The siting of the home at the site selected:

(a)

Does not otherwise conform to existing zoning regulations applicable to other multi-family uses in the area.

(b)

Does not meet applicable licensing criteria established and determined by the Department, including requirements that the home be located to assure the safe care and supervision of all clients in the home.

(c)

Would result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered.

If agreed to by both the City of Orlando and the sponsoring agency, a conflict may be resolved through informal mediation. The City of Orlando shall arrange for the services of an independent mediator or may utilize the mediation process established by the East Central Florida Regional Planning Council (ECFRPC) pursuant to Florida Statutes § 186.509. Mediation shall be concluded within 45 days of a request therefore. The resolution of any issue through the mediation process shall not alter any person's right to a judicial determination under statutory or common law.

The Department shall not issue a license to a sponsoring agency for operation of a community residential home if the sponsoring agency does not notify the City of Orlando of its intention to establish a program, as required. A license issued without compliance with the provisions of this Section shall be considered null and void, and continued operation of the home may be enjoined.

(Ord. of 9-16-1991, Doc. #25102)