41-87 ORDINANCE NO. 41-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER
30, "ZONING", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 30-17 "SUPPLEMENTARY
REGULATIONS" TO DELETE SUBSECTION (T) "ADULT
CONGREGATE LIVING FACILITIES" IN ITS ENTIRETY
AND ENACTING A NEW SUBSECTION (T) "ADULT
CONGREGATE LIVING FACILITIES", PROVIDING
MINIMUM FLOOR AREA REQUIREMENTS AND SPECIAL
REGULATIONS; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
~ EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter-30, "Zoning", Section 30-17
upplementary Regulations", Subsection (T) "Adult Congregate
ring Facilities: of the Code of Ordinances of the City of
lray Beach, Florida, is hereby repealed and a new subsection
is hereby enacted to read as follows:
(T) ADULT CONGREGATE LIVING FACILITIES
In addition to the requirements of Section 30-21,
the following regulations shall apply:
(1) Minimum Floor Area
(a) Resident sleeping rooms designed for
single and multiple occupancy shall
contain minimum inside measurements in
compliance with the requirements of the
State Department of Health and
Rehabilitative Services.
(b) A minimum of ten percent (10%) of the
total floor area of an ACLF shall be
devoted to a co..,,on area, wherein a
variety of recreational or therapeutic
activities may occur. This floor area
shall be calculated exclusive of halls,
corridors, stairs, elevator shafts, and
garages.
(c) An ACLF applying for a new license after
the effective date of this ordinance
shall provide one (1) sink, one (1)
commode, and one (1) shower or tub per
each four (4) residents.
(2) Special Regulations
(a) Applicants for licensure of an ACLF
shall comply with the provisions of
Section 30-21. After receiving approval
from City Council, the applicant shall
obtain documentation from the Director
of Planning that the proposed facility
has been granted a conditional use
approval. Documentation provided by the
Director of Planning shall be
verification of zoning compliance only;
applicant must still comply with all
State requirements in order to obtain
certification as an ACLF. Applicants
shall submit a copy of the entire State
application form as submitted to the
State, to the Building Department at the
time of application for an occupational
license. Proof of licensure by the
State shall be submitted to the City
within three (3) months of issuance of
the occupational license. Occupational
licenses must be renewed annually, and
may only be received upon provision of~
proof that the ACLF continues to be
licensed by the State, and upon City
inspection.
(b) Each ACLF shall comply with Chapter
4A-40, F.A.C., Minimum Fire Safety
Standards for Adult Congregate Living
Facilities, 7/25/84, and all subsequent
amendments. In addition, any ACLF with
residents who are not capable of
self-preservation in the event of a fire
or other emergency shall advise the City
Fire Marshal of the presence of such
residents, and shall comply with any
directives issued by the City Fire
Marshal following any City inspection.
Further, any ACLF with residents who
have disabilities which cause them to
become disoriented or to suffer memory
loss, leave the premises, and wander --
necessitating the use of fences and/oz
locked doors -- shall alert the City
Fire Marshal.
(c) ACLFs in structures existing at the time
of passage of this ordinance shall meet
City of Delray Beach and State of
Florida health codes with respect to the
number of residents who can be housed in
those ACLFs. ACLFs in buildings
constructed following adoption of this
ordinance shall be permitted to house
residents as follows:
RM, RM-10, RO, PRD-7, PRD-10, and PRD-M
Districts - 900 square feet of lot area
per bedroom.
RM-15, RM, GC, SC, CBD, and LC Districts
- 750 square feet of lot area per
bedroom.
The maximum number of residents in an
ACLF located in MOI district shall be
determined by the State Department of
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Health and Rehabilitative Services
standards. ACLFs located in MOI or
Commercial districts shall provide a
usable outdoor passive recreation area
integrated into the ACLF of 35 square
feet per resident, in addition to any
required open space, landscaping, and
setbacks.
A sleeping room shall.be provided in all
ACLFs for a staff member required to
remain on the premises overnight.
(d) An ACLF located in a residential
district shall have elevations which are
residential in character, as determined'
by the Community Appearance Board. '
(e) An ACLF located in any district shall
provide outdoor amenities, landscaping,
design features, and yard space to serve
the residents. Such features shall be
reviewed and approved by the Community
Appearance Board.
Section 2. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 3. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the 23rd day of June , 1987.
MAYOR
ATTEST:
~City Clerk
First Reading June 9, 1987
Second Reading June 23, 1987
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