56-86 ORDINANCE NO. .56-86
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 )O-I "DEFINITIONS" BY ADDING A DEFINITION
OF ADULT CONGREGATE LIVING FACILITY) AMENDING SECTION
)0-17 "SUPPLEMENTARY REGULATIONS" TO DELETE SUBSECTION (T)
"ADULT CONGREGATE LIVING FACILITIES" IN ITS ENTIRETY)
AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" BY
ENACTING A NEW SUBSECTION (T) "ADULT CONGREGATE LIVING
FACILITIES" PROVIDING MINIMUM FLOOR AREA REQUIREMENTS AND
SPECIAL REGULATIONS; AMENDING SECTION 30-18 "OFF-STREET
PARKING REGULATIONS" (D) "PARKING REQUIREMENTS" (4)
"MISCELLANEOUS USES" , (b) "ADULT CONGREGATE LIVING
FACILITY" BY ADDING "ONE-HALF OF THE REQUIRED PARKING MAY
BE PROVIDED ON GRASS, IF PERMITTED BY THE CITY"; AMENDING
SECTION 30-6 ..5 "PM (MEDIUM TO MEDIUM HIGH DENSITY
DWELLING) DISTRICT", (C) 'CONDITION"'~L USES" BY ADDING AS A
CONDITIONAL USE "ADULT CONGREGATE LIVING FACILITIES,
SUBJECT TO SEC. )O-l?(T)"; AMENDING SECTION 30-8.2 "RRD-?
(PLANNED RESIDENTIAL) DISTRICT", (C) "CONDITIONAL USES" BY
ADDING AS A CONDITIONAL USE "ADULT CONGREGATE LIVING
FACILITIES, SUBJECT TO SEC. )O-l?(T)") AMENDING SECTION
30-8 ) "PRO-lO (PLANNED RESIDENTIAL) DISTRICT" (C)
· ,
"CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "ADULT
CONGREGATE LIVING FACILITIES, SUBJECT TO SEC. )O-I?(T}";
AMENDING SECTION 30-8..5 "PRD-M (MEDIUM DENSITY PLANNED
RESIDENTIAL DEVELOPMENT) DISTRICT" (C) "CONDITIONAL USES"
BY ADDING AS A CONDITIONAL USE "ADULT CONGREGATE LIVING
FACILITIES, SUBJECT TO SEC. )O-I?(T)"; 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 )O-1 "Definitions"
of the Cods of Ordinances of the City of Delray Beach, Florida, is
hereby amended by adding the following:
Adult Conqreqate Livinq Facility
(a) Any building or buildings, section of building, or
distinct part of a building, residsnce, private home,
boarding home, home for tbs agsd, or other place,
whether operated for profit or not, which undertakes
through its ownership or managament to provide, for a
period exceeding twenty-four (24) hours, housing,
food service, and one or more personal services for
four (4) or more adults not related to the owner or
administrator by blood or marriage who require such
services· Personal services shall not include
provision of medical care, except for supervision of
self-administered medication, as defined by Section
400.402 (11) F.S. A facility offering personal
services for fewer than four (4) adults shall be
within the meaning of this definition if it formally
or informally advertises to or solicits the public
for residents or referrals and holds, itself out to
the public to be an establishment which regularly
provides such services. Personal services shall be
defined as supervision of, o~ assistance with,
activities of daily living,· including (but not
limited to) eating, bathing, grooming, dressing,
ambulating (wal king), supervision of
self-administered medication, and other' services as
defined by Florida Department of Health and
Rehabilitative Services (HRS).
(b) Adult resident shall be defined as a person eighteen
(18) years of age or older, residing in and receiving
care from an ACLF.
Section 2. That Chapter 30 "Zoning", Section 50-17 "Supplementary
Regulations", Subsection (T) "Adult Congregate Living Facilities" of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby
repealed, and a new Section 50-17 "S c~plementary Regulations",
Subsection (T) "Aduit Congregate Living Facilities" is hereby enacted to
read as foiiows:
(T) ADULT CONGREGATE LIVING FACILITIES
In addition to the requirements of Section )0-21, the
following regulations shall appIy:
(1) Minimum Floor Area
(a) Resident sleeping rooms designed for single
occupancy shall contain a minimum inside
measurement of eighty (80) square feet in
useable fl ocr space, exce pt for ACLFs
initially licensed prior to the 1~84
amendment to the State rules, and for which
a square footage waiver was granted by the
State Department of Health and
Rehabiiitative Services.
(b) Resident sleeping rooms designed for
multiple occupancy shall contain a minimum
inside measurement of sixty (60) square
feet in useable floor space per bed for
each additional resident beyond the first
resident, except for ACLFs initially
licensed prior to the lP84' amendment to the
State rules, and for which a square footage
waiver was granted by the State Department
of Heaith and Rehabilitative Services.
(c) A minimum of ten percent (10%) of the total
floor area of an ACLF shall be devoted to a
common 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.
(d) 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 (~)
residents.
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(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 faciIity has been granted
a conditionaI use approvai, Documentation
provided by the Director of Pianning shai1
be verification of zoning compiiance oniy;
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 o.f
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/or
locked doors -- shall alert the City Fire
Marshal.
(c) There shall be a minimum distance of
feet, measured from property line to
property line, in airline distance, between
an ACLF and any other ACLF. There shall be
a minimum distance of 1,500 feet, measured
from property line to property line, in
airline distance, between an ACLF and any
other residential care facility, including
group homes, foster homes, abused spouse
residences, drug and alcohol treatment
faciiities, and simiIar faciIities.
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(d) An ACLF applying for a new license after
the effective date of this ordinance shall
not house more than two (7) residents per
sleeping room, and shall permit a married
couple to share a sleeping room if the
couple so desires. ACLFs licensed prior to
the effective date of this ordinance shall
house residents per sleeping room as
permitted by the State Department of Health
and Rehabilitative Services. A sleeping
room shall be provided for any staff member
required to remain on the premises over
night.
(e) An ACLF located in a residential district
shall have elevations which are residential
in character, as de re.trained by the
Community Appearance Board~
(f) An ACLF in a residential district may
contain a number of units equal to twice
the number of units permitted in the
district, if congregate dining facilities
are provided, and no individual kitchen
facilities are provided in individual
units. If individual kitchen facilities
are provided in each unit, density shall
not exceed the maximum permitted in the
district.
(g) Cooking facilities shall no.t be permitted
in individual sleeping rooms.
Section 3. That Chapter 30 "Zoning", Section 30-18 "Off-Street
Parking 'R~gulations", (D) "Parking Requirements", (4) "Miscellaneous
Uses", (b) "Adult Congregate Living Facility" of the Code of Ordinances
of the City of Delray Beach, Florida, is hereby amended to read as
fol lows:
One (1) space for every four (4) beds. One-half of
the required parkinq may be provided on ~rass~ if
permitted by the City.
Section 4. That Chapter 30 "Zoning", Section ~O-G.5 "R~ (Medium
to Medium High Density Dwelling) District", (C) "Conditi~al Uses" of
the Code of Crdinances of the City of D3Iray Beach, Florida, is hereby
amended by adding the following as a conditional use:
Adult congregate living facilities, subject to Sec.
30-i7(T)
Section 5. That Chapter 30 "Zoning", Section }0-8.2 "PRO-7
(Planne~ Residential) District", (C) "Conditional Uses" of the Code of
Ordinances of the City of Delray 8each, Florida, is hereby amended by
adding the following as a conditional use:
Adult congregate living facilities, subject to Sec.
30-i7(T)
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Section 6. That Chapter 30 "Zoning", Section 30-8.3 "RRD-iO
(Rlanned Residential) District", (C) "Conditional Uses" of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
adding the following asa conditional use:
Adult congregate living facilities, subject to Sec.
30-i7(T)
Section 7. That Chapter 30 "Zoning", Section 30-8.5 "PRD-M
(Medium Density Rlanned Residential Development) 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:
Adult congregate living facilities, subject to Sec.
30-17(T)
Section 8. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 9. 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 lO.. 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 9th day of September ., 1986.
MAYOR
ATTEST:
Asst. City Clerk
First Read ing A~_~..u~l. 986 -----
Second Reading Seot~_mh~r q. lgRK
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