By Margie Plunkett
How do you define a family? Delray Beach’s version will be that a family is no more than three unrelated people living in a single-family house if commissioners vote to approve an ordinance at their first meeting in July.
The ordinance, passed on first reading in June with dissenting votes, was one of three addressing transient housing uses that during public hearings generated debate on the government’s right to define family and about group homes and halfway houses in residential neighborhoods. The ordinances, all approved in the first round, come up for second public hearings July 7.
The second ordinance in the group changes terminology to be consistent with the state, including using the term licensed service provider to replace convalescent home, home for the aged and alcohol and drug treatment facilities. The purpose, according to the ordinance, is to provide safe and sound housing for residents of community residential homes and group homes while assuring compatibility of the facilities with the area.
A third ordinance prohibits transient residential uses in single-family and planned residential developments, but adds them to medium-density residential districts. It also limits the number of times a single-family home can be rented to six times annually.
The “family” ordinance requires compliance by the expiration of the lease, or within a year, whichever is earlier. Those not in compliance can seek a waiver.
Mayor Woody McDuffie and Commissioner Mackenson Bernard voted against the ordinance defining family, voicing concern that the number of unrelated people per household should be higher — at four.
Part of McDuffie’s concern was that seasonal renters could be affected, citing examples of two unmarried couples who might want to split a vacation home. During the public hearing, residents including Pat Archer argued that the number four was more appropriate. Archer said four would allow for seasonal residents who rent.
“You are driving seasonal people who support our town to the underground,” she said.
Some speakers at the public hearing said they were offended by the very concept of a definition by the city.
“I think it’s outrageous that the government can say what a family is,” said resident Kevin Chambers.
And City Attorney Susan Ruby quickly stepped in at another’s suggestion the ordinance was intended to do away with safe houses in residential neighborhoods.
“They are protected. We are not passing this about sober housing. It affects everyone,” Ruby said, noting that’s discriminatory.
“One of the things I said it has to deal with is regulating commerce. A halfway house is commerce.”
Archer, former city commissioner and 14-year member of the Delray Beach drug task force, said the task force supports the ordinances.
“Many people who are speaking here have involvement in what would be called sober houses. … The Drug Task Force supports halfway houses, but there are none operating in Delray. It supports any zoning you can do to curtail illegal operations in residential neighborhoods.”
One halfway house representative, Richard Joslin, said his houses are well maintained, don’t have more than five people living in them, allowed by the current ordinance, and limit the number of cars. Joslin said that he bought the homes with adjustable rate mortgages when prices were at a premium — and that he needs the number of people in the house to meet the bills. He added that his homes are not overcrowded like those of other “unscrupulous” operators.
“I haven’t heard anyone say anything bad about us, except for the crack dealers, who don’t appreciate us being there,” he said.
Another speaker, John Crane, talked about a housing situation that created a “hostile environment in my neighborhood.” People and cars came and went at all hours at the house occupied by college students, he said.
Unrelated people are also motivated to live under one roof to afford the monthly bills, said one person, who noted today’s generation is different.
“We’re not making $100,000 a year. We’re kind of gathered together to support each other. We’re in such a new state right now. That’s how we survive,” she said.
Father Chip Stokes of St. Paul’s Episcopal said he was “concerned that this ordinance is acting in a discriminatory way.” It appears to target sober houses and have an effect on immigrant houses, he said, adding that it also acts that way toward gay and lesbian people, and couples who might want to rent together.
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