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10 Forrestal Circle ZVL (Melisa Risley) 05.09.2003 May 09, 2003 Melisa L. Risely 10 Forrestal Circle, North Atlantic Beach, Florida 32233 Re: Child Care Facility within RS-1 (Single-Family, Residential) Zoning District located at 10 Forrestal Circle, North Dear Ms. Risely: In response to your attached correspondence and the Courtesy Notice you received from the City of Atlantic Beach Code Enforcement Officer, I have reviewed Florida Statutes, Sections 402.26 – 402.319 and Chapter 65C-22 of the Florida Administrative Code, which establish state law and standards for Child Care. I have also talked with the District 4 administrative office of the Florida Department of Children and Families and have briefly discussed the issue with our City Attorney. I can find no provision, which exempts childcare from local zoning regulations or the requirement to obtain a local occupational license. As we have discussed, the City’s zoning regulations currently define a Child Care Facility as follows: Child Care Facility shall include child care centers or child care arrangements which provide child care for more than three (3) children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. Your lot at 10 Forrestal Circle, North is located within a single-family residential (RS-1) zoning district, and child care centers are not permitted within the RS -1 District as either a Permitted Use or as a Use-by-Exception. The current regulations permit you to keep only three children (in addition to your own) at one time. An occupational license is required, and the City must ascertain that you are properly licensed to operate the facility pursuant to Section 402.308(5) Florida Statutes. While you may appeal my denial of your occupational license to the City Commission, it is my opinion that they Commission would be unable to authorize your business, as this would be in clear conflict with the current zoning ordinance. Alternatively, what I propose is a revision to our zoning regulations, which would permit you to keep a maximum of five (5) children in your home children (in addition to your own) at one time, subject to continued proper DCF licensing and issuance of a local occupational license. As I have discussed with Page two Ms. Risley May 09, 2003 you, the City is now preparing revisions to our regulations, and this issue will be considered during that process over the next few months. While I cannot guarantee that my proposed revisions will be enacted, I can request that the Code Enforcement Officer hold further action in abeyance pending final action on the proposed revisions to our zoning regulations, subject to the following conditions: 1. Provision of a copy or your renewed annual Family Child Care Home Certificate of License, which expires on June 19, 2003. 2. No signs advertising your business shall be erected or placed on your property. 3. Outdoor play areas shall be totally fenced with a minimum four (4) foot high latching fence, and the size of play area shall meet the State regulations for square feet of play area per child. Play areas and all play equipment, structures and children’s toys shall not be located, maintained or stored within Front or Side Yards. The above conditions are consistent with current and pending regulations related to in-home childcare. Please feel free to call me at 247-5817 with any questions. Sincerely, Sonya Doerr, AICP Community Development Director Attachment cc: Jim Hanson, City Manager Alan Jensen, Ci ty Attorney Maureen King, City Clerk Alex Sherrer, Code Enforcement Officer CERTIFIED MAIL