32-86 ORDINANCE NO. 32-86
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 30-1 "DEFINITIONS" TO PROVIDE A
DEFINITION FOR "ABUSED SPOUSE RESIDENCE"; AMENDING
SECTION 30-17 "SUPPLEMENTARY REGULATIONS" BY ENACTING A
NEW SUBSECTION (V) "ABUSED SPOUSE RESIDENCE", PROVIDING
FOR PARKING REQUIREMENTS AND SPECIAL REGULATIONS;
AMENDING SECTION 30-6.5 "RM (MEDIUM TO MEDIUM HIGH
DENSITY DWELLING) DISTRICT" (B) "PERMITTED USES" BY
ADDING "ABUSED SPOUSE RESIDENCE, TWELVE OR FEWER
RESIDENTS, SUBJECT TO SECTION 30-17(V)", AS A "PERMITTED
USE"; AMENDING SECTION 30-7 "RM-10 (MULTIPLE FAMILY
DWELLING) DISTRICT" (B) "PERMITTED USES" BY ADDING
"ABUSED SPOUSE RESIDENCE, TWELVE OR FEWER RESIDENTS,
SUBJECT TO SECTION 30-17(V)", AS A "PERMITTED USE";
AMENDING SECTION 30-8.2 "PRD-7 (PLANNED RESIDENTIAL)
DISTRICT" (B) "PERMITTED USES" BY ADDING "ABUSED SPOUSE
RESIDENCE, TWELVE OR FEWER RESIDENTS, SUBJECT TO SECTION
30-17(V)", AS A "PERMITTED USE"; AMENDING SECTION 30-8.3
"PRD-10 (PLANNED RESIDENTIAL) DISTRICT" (B) "PERMITTED
USES" BY ADDING "ABUSED SPOUSE RESIDENCE, TWELVE OR FEWER
RESIDENTS, SUBJECT TO SECTION 30-17(V)"~ AS A "PERMITTED
USE"; AMENDING SECTION 30-7.5 "RH (MEDIUM HIGH TO HIGH
DENSITY DWELLING) DISTRICT" (B) "PERMITTED USES" BY
ADDING "ABUSED SPOUSE RESIDENCE, TWENTY OR FEWER
RESIDENTS, SUBJECT TO SECTION 30-17(V)", AS A "PERMITTED
USE"; AMENDING SECTION 30-8 "RM-15 (MULTIPLE FAMILY
DWELLING) DISTRICT" (B) "PERMITTED USES" BY ADDING
"ABUSED SPOUSE RESIDENCE, TWENTY OR FEWER RESIDENTS,
SUBJECT TO SECTION 30-17(V)", AS A "PERMITTED USE";
AMENDING SECTION 30-8.7 "RO (RESIDENTIAL OFFICE)
DISTRICT" (B) "PERMITTED USES" BY ADDING "ABUSED SPOUSE
RESIDENCE, FORTY OR FEWER RESIDENTS, SUBJECT TO SECTION
30-17(V)", AS A "PERMITTED USE"; AMENDING SECTION 30-11
"GC (GENERAL COMMERCIAL) DISTRICT" (B) "PERMITTED USES"
BY ADDING "ABUSED SPOUSE RESIDENCE, FORTY OR FEWER
RESIDENTS, SUBJECT TO SECTION 30-17(V)", AS A "PERMITTED
USE"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 30, "Zoning", Section 30-1
"Definitions", of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended by adding the following:
ABUSED SPOUSE RESIDENCE
(a) Abused spouse residence means a building, single family
dwelling, apartment, or part of a building utilized for
the purposes of providing temporary residential shelter,
emergency 'counseling, and information and referral ser-
vices to abused spouses and their minor and/or dependent
children, whether such residences are operated on a profit
or not for profit basis. Issuance of an occupational
license shall be preceded by an annual fire safety in-
spection; occupational license shall be contingent upon
compliance with the recommendations of the City Fire
Marshal. Should a State License become mandatory for
abused spouse residences, a valid State License shall be
required for renewal of the City Occupational License.
(b) Resident shall mean an abused spouse and the minor and/or
dependent children of an abused spouse.
Section 2. That Chapter 30, "Zoning", Section 30-17
"Supplemental Regulations" of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended by enacting a new subsection
(V) to read as follows:
(V) ABUSED SPOUSE RESIDENCE
(1) DEFINITIONS
(a) Abused spouse residence means a building, single
family dwelling, apartment, or part of a building
utilized for the purposes of providing temporary
residential shelter, emergency counseling, and
information and referral services to abused spouses
and their minor and/or dependent children, whether
such residences are operated on a profit or not for
profit basis. Issuance of an occupational license
shall be preceded by an annual fire safety
inspection; occupational license shall be contingent
upon compliance with the recommendations of the City
Fire Marshal. Should a State License become
mandatory for abused spouse residences, a valid State
License shall be required for renewal of the City
Occupational License.
(b) Resident shall mean an abused spouse and the minor
and/or dependent children of an abused spouse.
(2) PARKING REQUIREMENTS
One parking space shall be provided for every
sleeping room.
(3) SPECIAL REGULATIONS
(a) Occupancy of sleeping rooms shall be as follows:
(1) One abused spouse and all minor and/or
dependent children of that spouse may
occupy a sleeping roo~.
(2) A maximum of four abused spouses with no
minor and/or dependent children may occupy
a sleeping room.
(3) Should conditions warrant unrelated
individuals to share quarters, a maximum of
four individuals - abused spouses and minor
and/or dependent children - may occupy a
sleeping room.
(b) There shall be a distance of 2,500 linear feet,
measured from the property line to property
line, in airline distance, between one abused
spouse residence and a second abused spouse
residence. There shall be a distance of 1,500
linear feet, measured from property line to
property line, in airline distance, between an
abused spouse residence and any other social
service residence, including group homes, ACLFs,
drug and alcohol treatment facilities and
similar facilities.
(c) Abused spouse residences in residential zoning
districts shall have elevations which are
residential in nature, shall maintain
appropriate landscaping, and shall have no signs
or external devices to detract from the
residential character of the structure.
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Section 3. That Chapter 30, "Zoning", Section 30-6.5 "RM
(Medium to Medium High Density Dwelling) District" (B) "Permitted Uses"
of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended by adding the following as a permitted use:
Abused spouse residence, twelve or fewer residents, subject to
Section 30-17(V).
Section 4. That Chapter 30, "Zoning", Section 30-7 "RM-10
(Multiple Family Dwelling) District" (B) "Permitted Uses" of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
adding the following as a permitted use:
Abused spouse residence, twelve or fewer residents, subject to
Section 30-17(V).
Section 5. That Chapter 30, "Zoning", Section 30-8.2 "PRD-7
(Planned Residential) District" (B) "Permitted Uses" of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
adding the following as a permitted use:
Abused spouse residence, twelve or fewer residents, subject to
Section 30-17(V).
Section 6. That Chapter 30, "Zoning", Section 30-8.3 "(PRD-10
(Planned Residential) District" (B) "Permitted Uses" of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
adding the following as a permitted use:
Abused spouse residence, twelve or fewer residents, subject to
Section 30-17(y).
Section 7. That Chapter 30, "Zoning", Section 30-8.5 "PRD-M
(Medium Density Planned Residential Development) District" (B) "Per-
mitted Uses" of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended by adding the following as a permitted use:
Abused spouse residence, twenty or fewer residents, subject to
Section 30-17(V).
Section 8. That Chapter 30, "Zoning", Section 30-7.5 "RH
(Medium High to High Density Dwelling) District" (B) "Permitted Uses" of
the Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended by adding the following as a permitted use:
Abused spouse residence, twenty or fewer residents, subject to
Section 30-17(V).
Section 9. That Chapter 30, "Zoning", Section 30-8 "RM-15
(Multiple Family Dwelling) District" (B) "Permitted Uses" of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
adding the following as a permitted use:
Abused spouse residence, twenty or fewer residents, subject to
Section 30-17(V).
Section 10. That Chapter 30, "Zoning", Section 30-8.7 "RO
(Residential Office) District" (B) "Permitted Uses" of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
adding the following as a permitted use:
Abused spouse residence, forty or fewer residents, subject to
Section 30-17(V).
Section 11. That Chapter 30, "Zoning", Section 30-11 "GC
(General Commercial) District" (B) "Permitted Uses" of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
adding the following as a permitted use:
-3- Ord. No. 32-86
Abused spouse residence, forty or fewer residents, subject to
Section 30-17(V).
Section 12. That Chapter 30, "Zoning", Section 30-8.8 "Foster
Homes and Group Homes" (C) "Definitions" of the Code of Ordinances of
the City of Delray Beach, Florida, is hereby amended to read as follows:
Permitted Resident
Any person residing within a foster care facility or group home
facility other than foster parents and their natural or adopted
children and designated supervisory personnel. A permitted
resident in a group home is a person belonging to one of the
following groups: elderly, dependent children, physically
handicapped, developmentally disabled (persons with mental
retardation, cerebral palsy, epilepsy, autism) non-dangerous
mentally ill?-e~-~b~se~-s~ses.
Section 13. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 14. 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 15. That this ordinance shall become effective ten
days after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 27th day of May , 1986.
MAYOR
ATTEST:
y City Cl&rk
First Reading May 13, 1986
Second Reading May 27, 1986
-4- Ord. No. 32-86