43-86 ORDINANCE NO. 43-86
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
~ENDING SECTION 30-1 "DEFINITIONS" TO DELET~ (8) "BOARD
AND CARE HOMES"; AMENDING SECTION 30-11 "GC (GENERAL
COMMERCIAL) DISTRICT", (C) "CONDITIONAL USES" TO DELETE
"BOARD AND CARE HOMES, SUBJECT TO SEC. 30-1 (8)"; AMENDING
SECTION 30-13.1 "LC (LIMITED COMMERCIAL) DISTRICT", (C)
"CONDITIONAL USES" TO DELETE "BOARD AND CARE HOMES ,
SUBJECT TO SEC. 30-1 (8) "; AMENDING SECTION 30-1
"DEFINITIONS" BY ADDING A DEFINITION OF ALCOHOL AND DRUG
ABUSE TREATMENT FACILITIES; AMENDING SECTION 30-17
"SUPPLEMENTARY REGULATIONS" BY ENACTING A NEW SUBSECTION
(X) "ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES",
PROVIDING MINIMUM FLOOR AREA, ROOM FACILITIES, MiNiMUM
LEISURE FLOOR AREA, LICENSING REQUIREMENTS, STATE AND
COUNTY REGULATIONS; AMENDING SECTION 30-6.5 "RM (MEDIUM
TO MEDIUM HIGH DENSITY DWELLING) DISTRICT", (C)
"CONDITIONAL USES", SECTION 30-7 "RM-10 (MULTIPLE FAMILY
DWELLING DISTRICT", (C) "CONDITIONAL USES", SECTION
30-7.5 "RH (MEDIUM HIGH TO HIGH DENSITY DWELLING)
DISTRICT, (C) "CONDITIONAL USES", SECTION 30-8 "RM-15
(MULTIPLE FAMILY DWELLING) DISTRICT", (C) "CONDITIONAL
USES", SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT",
(C) "CONDITIONAL USES" SECTION 30-12 "SC (SPECIALIZED
COMMERCIAL) DISTRICT, (C) "CONDITIONAL USES", SECTION
30-13.1 "LC (LIMITED COMMERCIAL) DISTRICT", (C)
"CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE
"ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES, SUBJECT TO
SEC. 30-17(X)"; 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 deleting Subsection (8) "Board and Care
Home s" .
Section 2. That Chapter 30 "Zoning", Section 30-11 "GC
(General Commercial) District", (C) "Conditional Uses" of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
deleting "Board and care homes, subject to Sec. 30-1(8)" as a condi-
tional use.
Section 3. That Chapter 30 "Zoning", Section 30-13.1 "LC
(Limited Commerccial) District", (C) "Conditional Uses" of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
deleting "Board and care homes, subject to Sec. 30-1(8)" as a condi-
tional use.
Section 4. 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:
Alcohol and Drug Abuse Treatment Facilities. Any
facility which is staffed by professional and para-
professional persons offering diagnostic study, intensive
study, treatment and rehabilitation for alcohol and drug
abusers. The facility may include a residential treat-
ment program which operates twenty-four (24) hours a day,
seven (7) days a week, a nonresidential day care program,
and an outpatient program; however, detoxification of
patients on premises is strictly prohibited. See Sec.
30-17 (X).
Section 5. That Chapter 30 "Zoning", Section 30-17
"Supplementary Regulations" of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended by adding the following:
(X) Alcohol and Drug Abuse Treatment Facilities
In addition to the requirements of Section 30-21, the
following regulations shall apply:
(1) Minimum Floor Area. Minimum floor areas for
bedrooms, and minimum number of bathrooms, for
Alcohol and Drug Abuse Treatment Facilities shall be
governed by the Standard Housing Code.
(2) Room Facilities. Individual rooms or suites shall
in no case have kitchen facilities available for the
preparation of food.
(3) Minimum Leisure Floor Area. At least ten percent
(10%) of the total floor area shall be devoted to a
common area, exclusive of halls, corridors, stairs,
elevator shafts, wherein a variety of recreational
or therapeutic activities may occur.
(4) Licensing Requirements. Alcohol and Drug Abuse
Treatment Facilities shall provide evidence of HRS
permit applications as necessary at the time of
application for occupational license by the city of
Delray Beach, and shall provide proof of licensure
by the Department of Health and Rehabilitative
Services (HRS) within three (3) months of City
approval. Such occupational license must be renewed
annually and may only be received upon provision of
proof that the facility continues to be licensed by
HRS, and upon City inspection.
(5) There shall be a minimum distance between Alcohol
and Drug Abuse Treatment Facilities of 2,500 feet,
measured from property line to property line, in
airline distance. There shall be a minimum distance
of 1,500 feet measured from property line to
property line, in airline distance, between an
Alcohol and Drug Abuse Treatment Facility and any
other residential care facility, including group
homes, foster homes, abused spouse residences, adult
congregate living facilities, and similar
facilities.
(6) Alcohol and Drug Abuse Treatment Facilities which
are located within residential districts shall have
building elevations which are residential in
character and similar in appearance to the
surrounding neighborhood. They shall not be
institUtiOnal in appearance ' as determined Dy the
Community Appearance Board.
(7) State and County Regulations. Nothing in this
ordinance shall relieve any Alcohol or Drug Abuse
Treatment Facility from compliance with Florida
Statutes Chapters 396 and 397 or any Palm Beach
County Rules and Regulations pertaining to Alcohol
or Drug Abuse Treatment Facilities.
- 2 - Ord. No.-43-86
Section 6. That Chapter 30 "Zoning", Section 30-6.5 "RM
(Medium to Medium High Density Dwelling) District", (C) "Conditional
Uses" of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended by adding the following as a conditional use:
Alcohol and drug abuse treatment facilities, subject to Sec.
30-17(X)
Section 7. That Chapter 30 "Zoning", Section 30-7 "RM-10
(Multiple Family Dwelling) District", (C) "Conditional Uses" of the Code
of Ordinances of the City of Delray Beach, Florida, is hereby amended by
adding the following as a conditional use:
Alcohol and drug abuse treatment facilities, subject to Sec.
30-17(X)
Section 8. That Chapter 30 "Zoning", Section 30-7.5 "RH
(Medium High to High Density Dwelling) District", (C) "Conditional Uses"
of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended by adding the following as a conditional use:
Alcohol and drug abuse treatment facilities, subject to Sec.
30-17(X)
Section 9. That Chapter 30 "Zoning", Section 30-8 "RM-15
(Multiple Family Dwelling) District", (C) "Conditional Uses" of the Code
of Ordinances of the City of Delray Beach, Florida, is hereby amended by
adding the following as a conditional use:
Alcohol and drug abuse treatment facilities, subject to Sec.
30-17(X)
Section 10. That Chapter 30 "Zoning", Section 30-11 "GC
(General Commercial) District", (C) "Conditional Uses" of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
adding the following as a conditional use:
Alcohol and drug abuse treatment facilities, subject to Sec.
30-17(X)
Section 11, That Chapter 30 "Zoning", Section 30-12 "SC
(Specialized Commercial) District", (C) "Conditional Uses" of the Code
of Ordinances of the City of Delray Beach, Florida, is hereby amended by
adding the following as a conditional use:
Alcohol and drug abuse treatment facilities, subject to Sec.
30-I7 (X)
Section 12. That Chapter 30 "Zoning", Section 30-13.1 "LC
(Limited Commercial) District", (C) "Conditional Uses" of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
adding the following as a conditional use:
Alcohol and drug abu~a trca~.ant fac±!itia~, subjact t~ Sec.
30-I7(X)
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.
- 3 - Ord. No.-43-86
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 24th day of June , 1986.
MAYOR
ATTEST:
First Reading June 10, 1986
Second Reading June 24, 1986
- 4 - Ord. No. 43-86