§ 11.04.06. Residential medical assistance.

A.

Generally. Premature or unnecessary institutionalization of those with chronic debilitating illness is costly to the individuals and to society. The provision of family and professional care in the home is desirable if conducted in a manner that does not impact on others in the neighborhood. An application and granting of a special exception for residential medical assistance shall be governed by the provisions of this section.

B.

Standards for issuance. No special exception for residential medical assistance shall be granted unless consistent with the following provisions:

1.

An application accompanied by the fees provided in this Code is submitted as for any special exception.

2.

A statement or report is received by a physician licensed under F.S. ch. 458 or F.S. ch. 459, specifying the nature of the illness or condition and that in the opinion of the physician the person is in need of continued medical or physical assistance. The physician's report shall not be dispositive of the application but shall be deemed to be a prerequisite for the filing of an application for residential medical assistance.

3.

The special exception shall only be granted for one year. Successive special exceptions may be granted provided the applicant demonstrates the continued necessity and reapplies in the manner of a new applicant.

4.

The granting of a special exception will allow the placement of a second principal dwelling on a residential lot despite density restrictions in this Code or the Okeechobee County comprehensive plan in order to provide living accommodations for either the caregivers or the person requiring assistance. The second dwelling must conform and comply with all other requirements in this Code with the exception of density including but not limited to appearance and design, setbacks, size and foundations. The applicant shall obtain all necessary county and state permits to allow placement of the second dwelling unit prior to construction or installation.

5.

One of the two dwellings must be removed within 90 days of the recovery, death, institutionalization or vacating of the premises by the person in need of the assistance. Failure to timely remove one of the dwellings shall be grounds for code enforcement action pursuant to article XIII of this Code.

6.

If the persons occupying each dwelling are not related to one another by blood or marriage, the care provider must be a licensed physician, registered nurse, licensed practical nurse or licensed physical therapist and shall not be charged nor pay rent for the occupancy.

7.

Neither dwelling shall be rented or offered for rent during the pendency of a special exception granted under this section.

8.

In addition to the standards provided in this section, the board of adjustments and appeals shall review the application against the standards of section 11.04.03 of this part and may deny the application where, in the opinion of the board, adequate alternatives are available including, but not limited to additions to, or remodeling of the existing dwelling.