57-86 ORDINANCE NO. 57-86
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" BY ADDING A DEFINITION
OF CONTINUING CARE FACILITY; AMENDING SECTION )O-1
"DEFINITIONS" TO DELETE SUBSECTION (iOI) "LIFE CARE
RETIREMENT COMMUNITY" IN ITS ENTIRETY; AMENDING SECTION
30-17 "SUPPLEMENTARY REGULATIONS" BY ENACTING A NEW
SUBSECTION (Y) "CONTINUING CARE FACILITIES", PROVIDING
MINIMUM FLOOR AREA REQUIREMENTS AND SPECIAL REGULATIONS;
AMENDING SECTION )0-i8 "OFF-STREET PARKING REGULATIONS"
(D) "PARKING REQUIREMENTS", (/~) "MISCELLANEOUS USES", (o)
"CONTINUING CARE" TO DELETE "PLUS I PER EVERY ~ BEDS IN
THE NURSING FACILITY"; AMENDING SECTION 30-6.5 "RM (MEDIUM
TO MEDIUM HIGH DENSITY DWELLING) DISTRICT" , (C)
"CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE
"CONTINUING CARE FACILITIES, SUBJECT TO SEC. )O-i?(Y)";
AMENDING SECTION 30-? "RM-iO (MULTIPLE FAMILY DWELLING)
DISTRICT" , (C) "CONDITIONAL USES" BY ADDING AS A
CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO
SEC. )O-].?(Y)"; AMENDING SECTION 30-?.5 "RH (MEDIUM HIGH
TO HIGH DENSITY DWELLING) DISTRICT", (C) "CONDITIONAL
USES" BY ADDING AS A CONDITIONAL USE "CONTINUING CARE
FACILITIES, SUBJECT TO SEC. )O-i?(Y)"; AMENDING SECTION
30-8 "RM-i5 (MULTIPLE FAMILY DWELLING) DISTRICT",
"CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE
"CONTINUING CARE FACILTTIES, SUBJECT TO SEC. )O-i?(Y)";
AMENDING SECTION 30-8.2 "PRD-? (PLANNED RESIDENTIAL)
DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A
CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO
SEC. )O-17(Y)"; AMENDING SECTION )0-8.3 "PRO-lO (PLANNED
RESIDENTIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING
AS A CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT
TO SEC. )O-i7(Y)"; AMENDING SECTION 30-8.5 "PRD-M (MEDIUM
DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT", (C)
"CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE
"CONTINUING CARE FACILITIES, SUBJECT TO SEC. )O-17(Y)";
AMENDING SECTION 30-8.7 "RO (RESIDENTIAL OFFICE)
DISTRICT", (C) : "CONDITIONAL USES" BY ADDING AS A
CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO
SEC. )0-i7 (Y)"; AMENDING SECTION )O-ii "GC (GENERAL
COMMERCIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS
A CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO
SEC. )O-IT(Y)"; AMENDING SECTION 30-12 "SC (SPECIALIZED
COMMERCIAL) DiSTRiCT".. (C) ,,CONDITIONAL USES" BY ADDING AS
A CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO
SEC. )0-I7 (Y)"; AMENDING SECTION )0-i). i "LC (LIMITED
COMMERCIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS
A CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO
SEC. )O-i?(Y)"; AMENDING SECTION 30-7 "RM-iO (MULTIPLE
FAMILY DWELLING) DISTRICT", (C) "CONDITIONAL USES" TO
DELETE "LIFE CARE RETIREMENT COMMUNITIES, SUBJECT TO SITE
AND DEVELOPMENT PLAN APPROVAL (SEC. )0-22)"; AMENDING
SECTION 30-7.5 "RH (MEDIUM HIGH TO HIGH DENSITY DWELLING)
DISTRICT", (C) "CONDITIONAL USES" TO DELETE "LIFE CARE
RETIREMENT COMMUNITIES, SUBJECT TO SITE AND DEVELOPMENT
PLAN APPROVAL (SEC. )0-22)"; AMENDING SECTION 30-8 "RM-I9
(MULTIPLE FAMILY DWELLING') DISTRICT", (C) "CONDITIONAL
USES" TO DELETE "LIFE CARE RETIREMENT COMMUNITIES, SUBJECT
TO SITE AND DEVELOPMENT PLAN APPROVAL (SEC. 30-22)":
AMENDING SECTION 30-8.3 "PRD-1 0 (PLANNED RESIDENTIAL
DISTRICT", (C) "CONDITIONAL USES" TO DELETE "LIFE CARE
RETIREMENT COMMUNITIES, SUBJECT TO SITE AND DEVELOPMENT
PLAN APPROVAL (SEC. 30-22)"; AMENDING SECTION 30-8.5
"PRD-M (MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT)
DISTRICT", (C) "CONDITIONAL USES" TO DELETE "LIFE CARE
RETIREMENT COMMUNITIES, SUB3ECT TO SITE AND DEVELOPMENT
PLAN APPROVAL (SEC. 30-22)"~ 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:
Continuinq Care Facility..
(a) A facility which furnishes shelter, pursuant to an
agreement, either on a rental or ownership basis, for
adult residents not related to the owner or
administrator by blood or marriage. For purposes of
determining the density permitted in each zoning
district, Continuing Care Facilities are treated as
multi-family dwelling units. Said Continuing Care
Facilities may provide a congregate dining area,
recreational facilities and auditorium, and services
for residents only which may include barbershop,
beautician, manicurist, educational activities,
tailor, seamstress, non-therapeutic exercise classes,
sale of convenience items, and entertainment
facilities. Should a Continuing Care Facility hold
itself out to the public as providing personal
services as defined by the Florida Department of
Health and Rehabilitative Services (HRS) -- services
which include supervision of self-administered
medication, assistance with or supervision of daily
activities such as eating, personal hygiene, walking
-- such a facility shall be classified as an Adult
Congregate Living Facility (ACLF) and shall comply
with Section 30-17(T) of the Code of Ordinances of
the City of Delray Beach, Florida, and all relevant
State and Federal laws and regulations. Further, a
Continuing Care Facility may allow adult residents to
utilize private medical care while in residence, and
may hay e a nurse in residence for purposes of
emergency assistance only,. Should a Continuing Care
Facility offer continuous, non~me~gency resident
medical care -- including acts rendered directly or
indirectly to and in behalf of a person by registered
nurses, licensed practical nurses, or advanced
registered nurse practitioners, o= should custodial
care of an infirm person be offered -- such a
facility shall be classified as a nursing home and
shall comply with Section 30-17(K) of the Code of
Ordinances of the City of Delray Beach, Florida, and
all other relevant City, State and Federal laws and
regulati one.
(b) Adult Resident shall be defined as a person eighteen
(18) years of age or older, residing in a Continuing
Care Facility, not requiring individual assistance
with o~ supervision of daily living activities such
as eating, personal hygiene and the like.
Ord. No. 57-86
Section 7. That Chapter 30 "Zoning", Section ~O-1 "Definitions"
of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended by deleting the following:
Life Care Retirement Community. A planned
residential development for aged persons, which
includes total life-care facilities consisting of
supervision or assistance in personal and nursing
care, dining, and varied recreational facilities.
Section 3. 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 a new subsection to read as
follows:
(Y) CONTINUING CARE FACILITIES
In addition to the requirements of Section 30-21, the
following regulations shall apply:
(1) Minimum Floor Area
(a) A minimum of ten (lC) percent of the total
floor area of a Continuing Care Facility
shall be devoted to a common area, wherein
a variety of recreational activities may
occur. This floor area shall be calculated
exclusive of halls, corridors, stairs,
elevator shafts, garages, balconies.
(b) The floor area utilized for activities
other than residential, recreational, and
those related to group dining, shall not
exceed ten (lC) percent of the total floor
area of the Continuing Care Facility.
Special Re§ulations
(a) Continuing Care Facilities shall obtain an
occupational license from the City of
Delray Beach. At the time of application,
the owner and/or administrator shall submit
a notarized affidavit attesting that
personal services and nursing services --
as defined by the Florida HRS -- shall not
be provided by the Continuing Care Facility
~.nless the requi red ACLF and/or nursing
home licenses are obtained, and compliance
with all relevant City, State and Federal
laws and regulations is obtained.
(b) A Continuing Care Facility shall not house
more than two (2) residents per sleeping
ro om.
(c) A sleeping room and separate bathroom
facility shall be provided fo~ any staff
member required 'to remain on the premises
overnight.
(d) Each sleeping room and bathroom shall be
equipped with a call button which shall
enable residents to alert staff members if
an emergency situation arises.
-~- Ord. No. 57-86
(e) Any nonrecreationaI services provided to
residents -- including beautician, barber,
tailor, seamstress, sale of convenience
goods, entertainment, and the like -- shall
be for residents only, shall be located
within a fully enclosed structure that is a
part of the Continuing Care Facility, shall
have no exterior signage, and shall not
advertise or hold themselves out to the
public, as services available to the general
public.
(f) A Continuing Care Facility may be
associated with a nursing home and an AC/F,
provided the zoning requirements for each
use are met.
Section 4 That Chapter 30 "Zoning" Section 30-18 "Off-Street
·
Rarking Regulations" (D) "Rarking Requirements",
, (~) "Miscellaneous
Uses", (o) "Continuing Care" of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
1.5 per dwelling unit~-~w~-~-~s~-e~e~-A-b~s-~-~
Section 5. That Chapter 30 "Zoning" Section 30-~.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:
Continuing Care Facilities, subject to Sec. 30-17(Y)
Section 6. That Chapter 30 "Zoning", Section ~0-7 "RM-1 0
(Multiple Family Dwelling) 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:
Continuing Care Facilities, subject to Sec. 30-17(Y)
Section 7._ 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:
Continuing Care Facilities, subject to Sec. 30-17(Y)
Section 8. That Chapter 30 "Zoning" Section 30-8 "RM-15
,
(Multipl'~ ~amily 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:
Continuing Care Facilities, subject to Sec. ~0-17(Y)
Section 9. That Chapter 30 "Zoning", Section 30-8.2 "PRD-7
(Planned ~'esidential) District" (C) "Conditional Uses" of the Code of
,
Ordinances of the City of Oelray Beach, Florida, is hereby amended by
adding the following as a conditional use:
Continuing Care Facilities, subject to Sec. ~0-17(Y)
Section 10. That Chapter 30 "Zoning" Section ~0-8.) "PRD-iO
· '
(Planned' 'Residential) 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:
Continuing Care Facilities, subject to Sec. )O-I?(Y)
Ord. No. 57-86
Section 11. That Chapter 30 "Zoning", Section 30-8.5 "PRD-M
(Medium Density Planned 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:
Continuing Care Facilities, subject to Sec. ~O-17(Y)
Section 12. That Chapter 30 "Zoning" , Section 30-8.7 "RO
(Residential Office) 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:
Continuing Care Facilities, subject to Sec. }O-l?(Y)
Section 13. 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:
Continuing Care Facilities, subject to Sec. ~O-17(Y)
Section 14. 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:
Continuing Care Facilities, subject to Sec. ~O-l?(Y)
Section 15 That Chapter 30 "Zoning" Section 30-1~ 1 "LC
, ;, ' ·
(Limited Commercial) District" (C) "Conditional Uses" of the Code of
,
Ordinances of the City of Oelray Beach, Florida, is hereby amended by
adding the following as a conditional use:
Continuing Care Facilities, subject to Sec. ~0-17(Y)
Section 16. That Chapter 30 "Zoning", Section 30-7 "RM-iO
(Multi~le Family Dwelling) District", (C) "Conditional Uses" of the Code
of Ordinances of the City of Delray Beach, Florida, is hereby amended by
deleting the following as a conditional use:
Life care retirement communities, subject to Site and
Development Plan Approval (Sec. ~O-ZZ)
Section 17. That Chapter 3(~. "Zoning", Section 30-~7.5 "RH (Medium
High t6 High Density Dwelling) District", (C) "Conditional Uses" of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended by deleting the following as a conditional use:
Life care retirement communities, subject to Site and
Development Plan Approval (Sec. 30-22)
Section 18. That Chapter 30 "Zoning", Section 30-8 "RM-15
(Multiple Family Dweiling) District", (C) "Conditional Uses" of the Code
of Ordinances of the City of Delray Beach, Florida, is hereby amended by
deleting the following as a conditional~ use:
Life care retirement communities, subject to Site and
Development Plan Approval (Sec. 30-22)
-5- Ord. No. 57-86
Section 19. That Chapter 30 "Zoning", Section 30-8.3 "PRD-iO
(Planned Residential) District", (C) "Conditional Uses" of the Code of
Ordinances of the Clty of Delray Beach, Florida, is hereby amended by
deletlng the following as a conditional use:
Life care retirement communities, subject to Site and
Development Plan Approval (Sec. 30-22)
Section 20._ That Chapter 30 "Zoning", Section 30-8.5 "PRD-M
(Medium Density Planned Residential Development) District", (C)
"Conditional Uses" of the Code of Ordinances of .the City of Delray
Beach, Florida, is hereby amended by del sting the following as a
conditionai use:
Life care retirement communities, subject to Site and
Deveiopment Pian Approvai (Sec. 30-22)
Section 21. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 22. 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.. 2~=.. That this ordinance shall become effective
immediately 'up'on 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.
-- - MAYO~,R
ATTEST:
~%s~t. City' Cl%r k
First Reading August 26, 1986
Second Reading September 9, 1986
- 6 - Ord. No. 57-86