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
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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
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