Ord 35-00ORDINANCE NO. 35-00
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH AS
FOLLOWS: AMENDING APPENDIX "A", "DEFINITIONS",
BY REPEALING THE DEFINITION OF "ALCOHOL AND
DRUG ABUSE TREATMENT FACILITY" AND ENACTING
THE DEFINITIONS OF "RESIDENTIAL ALCOHOL AND
DRUG ABUSE TREATMENT FACILITY" AND "NON-
RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITY" TO CONFORM TO CHANGES IN
THE FLORIDA STATUTES; AMENDING SECTION 4.3.3(D),
"ALCOHOL AND DRUG ABUSE TREATMENT
FACILITIES", TO REFLECT CHANGES MADE TO THE
DEFINITION OF "ALCOHOL AND DRUG ABUSE
TREATMENT FACILITY", AND TO PROVIDE SPACING
REQUIREMENTS BETWEEN SCHOOLS AND OTHER
ALCOHOL AND DRUG ABUSE TREATMENT FACILTIES;
AMENDING SECTION 4.4.6 TO SPECIFY THAT
RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITIES ARE A CONDITIONAL USE IN
THE RM ZONING DISTRICT; AMENDING SECTION 4.4.9
TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG
ABUSE TREATMENT FACILITIES ARE A CONDITIONAL
USE IN THE GC ZONING DISTRICT; AMENDING SECTION
4.4.13 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND
DRUG ABUSE TREATMENT FACILITIES ARE A
CONDITIONAL USE IN THE CBD ZONING DISTRICT;
AMENDING SECTION 4.4.16 TO SPECIFY THAT
RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITIES ARE A CONDITIONAL USE IN
THE POD ZONING DISTRICT; AMENDING SECTION 4.4.17
TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG
ABUSE TREATMENT FACILITIES ARE A CONDITIONAL
USE IN THE RO ZONING DISTRICT; AMENDING SECTION
4.4.21 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND
DRUG ABUSE TREATMENT FACILITIES ARE A
CONDITIONAL USE IN THE CF ZONING DISTRICT;
AMENDING SECTION 4.4.24 TO SPECIFY THAT
RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITIES ARE A CONDITIONAL USE IN
THE OSSHAD ZONING DISTRICT; AMENDING SECTION
4.6.9 TO SPECIFY THE OFF-STREET PARKING
REQUIREMENTS FOR RESIDENTIAL ALCOHOL AND
DRUG ABUSE TREATMENT FACILITIES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that the legislature has amended Chapter
397, Florida Statutes regarding the regulation of residential and non-residential Alcohol and Drug
Abuse Treatment Facilities; and
WHEREAS, the City Commission has determined that the City's Land Development
Regulations regarding Alcohol and Drug Abuse Treatment Facilities require amendment to conform
with the State's requirements under Chapter 397, Florida Statutes; and
WHEREAS, the City Commission has determined that Section 4.3.3(D) of the Land
Development Regulations requires amendment to reflect changes made to the definition of Alcohol
and Drug Abuse Treatment Facility; and
WHEREAS, the zoning districts where such facilities are allowed must be amended to reflect
the change in designation; and
WHEREAS, the location of such facilities is a land use matter and is within the public
interest of the citizens of the City of Delray Beach; and
WHEREAS, schools and other places where children are located in large or disproportionate
numbers have received increased protection under the law. from influences and situations for which
they are ill-equipped to deal with appropriately (See, e.g., Chapter 893.13, Florida Statutes);
WHEREAS, the City Commission has determined that based on the above concerns, neither
a residential facility nor a non-residential facility is appropriately located within 1200' of a public or
private elementary, middle or secondary school; and
WHEREAS, the City Commission finds that treatment of recovering drug users, alcoholics
and other addicts to be an important and worthy objective; and
2 Ord. No. 35-00
WHEREAS, the City Commission finds that a concentration of residential Alcohol and Drug
Abuse Facilities in particular neighborhoods leads to a de facto institutionalization of those receiving
treatment (See Familystyle of St. Paul, Inc. v. City of St. Paul, 923 F.2d 91 (8~ Cir. 1991)); and
WHEREAS, the City Commission has determined that spacing requirements between
residential facilities and maximum capacity limits in specified districts will prevent de facto
institutionalization of those receiving treatment and will encourage integration; and
WHEREAS, the City may regulate the location of such facilities through the exercise of its
police powers in furthering local land use concerns.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Appendix "A', "Definitions" of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida is hereby Amended to read as follows:
"Residential Alcohol and Drug Abuse Treatment Facility" Any facility which is or will be
licensed by the State of Florida pursuant to Chapter 397, Florida Statutes, as may be amended from
time to time, as a residential program.
"Non-residential Alcohol and Drug Abuse Treatment Facility" Any facility which is or will
be licensed by the State of Florida pursuant to Chapter 397, Florida Statutes, as may be amended
from time to time, as a program other than a residential program.
Section 2. That Article 4.3, "District Regulations; General Provisions", Section 4.3.3,
"Special Requirements for Special Uses" of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach is hereby amended as follows:
(D) Residential and Non-residential Alcohol & Drug Abuse Facilities: Unless
otherwise specified, the following provisions apply to Residential Alcohol and Drug Abuse
Treatment Facilities. Non-residential Alcohol and Drug Abuse Treatment Facilities are considered
medical offices for the purposes of zoning classification and regulation.
3 Ord. No. 35-00
(1) Floor Area:
(a) Rooms: Minimum floor area for bedrooms and the minimum number of bathrooms
shall be governed by the Standard Housing Code.
(b) Common Area: At least 10% of the total floor area shall be devoted to a common
area, exclusive of halls, corridors, stairs, and elevator shafts, wherein a variety of
recreational and therapeutic activities may occur.
(2) Facilities and Requirements:
(a) Individual rooms or suites shall, in no case, have kitchen facilities or other such
facilities available for the preparation of food.
(b)Nothing in this subsection shall relieve any residential or non-residential alcohol or
drug abuse treatment facility from compliance with F.S. Chapters 396-and 397 of the
Florida Statutes or any Palm Beach County Rules and Regulations pertaining to
alcohol or drug abuse treatment facilities.
wm~h arC,
(3) Appearance: Residential ~alcohol and drug abuse treatment facilities '--'- Ic~catcd
,,,: .... ,,~o,,~,~,,,,,,:~'--':~' ,~,~,,'~:~'-:-'-l,~,~ shall have building elevations which are residential in character
and similar in appearance to the surrounding neighborhood. They shall not be
institutional in appearance.
(4) Licenses and Inspections:
(a)
Fire Inspections: Issuance of an occupational license shall be preceded by an
annual safety inspection; issuance of an occupational license shall be contingent upon
compliance with the recommendations of the City Fire Marshal and the Chief
Building Official.
(b)
State License: Applicants for a City occupational license shall submit a copy of the
entire State application form as submitted to the State, to the Occupational License
Administrator at the time of application for an occupational license. Proof of
licensure by the State shall be submitted to the City within three months of issuance of
the City occupational license.
(c)
Annual License: Occupational licenses must be renewed annually, and be only
received upon provision of proof that the facility continues to be licensed by the State
and upon passing of City inspections.
4 Ord. No. 35-00
(5) Location Restrictions and Special Regulations:
(a) A residential alcohol and drug abuse treatment facility shall not be located within
1,200 feet of another residential alcohol or drug abuse treatment facility.
(b) Neither a residential alcohol and drug abuse treatment facility nor a non-residential
alcohol and drug abuse treatment facility shall be located within 1,200 feet of any
public or private elementary, middle or secondary school.
Section 3. That Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District" of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach is hereby amended as follows:
Section 4.4.6 Medium Density Residential (RM) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the RM District:
(2)Residential Alcohol and dDrug aAbuse t_Treatment ff:_acilitiesr subject to restrictions
set forth in Section 4.3.3(D).
Section 4. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial
(GC) District" of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach is hereby amended as follows:
Section 4.4.9 General Commercial (GC) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay
District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section
4.4.9(G)(2).
(1) Residential Alcohol and Drug Abuse Treatment Facilitiesr subject to restrictions set
forth in Section 4.3.3(D).
Ord. No. 35-00
Section 5. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business
(CBD) District" of the Land Development Regulations of the Code of Ordinances of the City of
Del:ay Beach is hereby amended as follows:
Section 4.4.13
Central Business (CBD) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CBD District:
(2)Residential Alcohol and dDrug aAbuse tTreatment ~acilities: subject to restrictions
set forth in Section 4.3.3(D).
Section 6. That Article 4.4, "Base Zoning District", Section 4.4.16, "Professional and
Office (POD) District" of the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach is hereby amended as follows:
Section 4.4.16
Professional and Office (POD) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the POD District:
(2)Residential Alcohol and Drug Abuse Treatment Facilities: subject to restrictions set
forth in Section 4.3.3(D).
Section 7. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office (RO)
District" of the Land Development Regulations of the Code of Ordinances of the City of Delray
Beach is hereby amended as follows:
Section 4.4.17
Residential Office (RO) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the RO District:
(2)Residential Alcohol and dDrug aA_.buse t_Treatment ff:_acilities: subject to restrictions
set forth in Section 4.3.3(D).
6 Ord. No. 35-00
Section 8. That Article 4.4, "Base Zoning District", Section 4.4.21, "Community Facilities
(CF) District" of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach is hereby amended as follows:
Section 4.4.21
Community Facilities (CF) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CF District:
(1) Health Care, such as: adult congregate living; continuing care; homes for the aged;
nursing homes; $'a~ostancc residential alcohol and drug abuse treatment facilities subject to
restrictions set forth in Section 4.3.3(D); hospitals, with or without helipads and associated
laboratories, treatment centers, rehabilitation centers, and testing facilities; and mental health
treatment facilities including residential care.
Section 9. That Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square
Historic Arts District (OSSHAD)" of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach is hereby amended as follows:
Section 4.4.24
Old School Square Historic Arts District (OSSHAD)
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the OSSHAD:
(4)Adult congregate living facilities, Residential Alcohol and Drug Abuse tTreatment
~acilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care,
Continuing Care, Convalescent Homes, and Nursing Homes.
Section 10. That Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street
Parking Regulations" of the Land Development Regulations of the Code of Ordinances of the City of
Defray Beach is hereby amended as follows:
Section 4.6.9 Off-Street Parking Requirements:
(C) Number of Parking Spaces Required: The number of parking spaces required for new
buildings, new uses, additions, enlargements, or changes shall be determined by the following
standards for uses and categories of use and types of parking spaces.
7 Ord. No. 35-00
(7) Other Uses:
(a) Abused Spouse Residence: One space per sleeping room plus one space for each
shift employee.
(b) A.C.L.F'S, Residential Alcoholic and Drug Abuse Treatment Facilities, and
Nursing Homes: Shall provide one space for each four beds.
Section 11. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, clause 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 hereof
other than the part declared invalid.
Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 13. That this ordinance shall become effective upon its passage on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 2na day
of January, 2001.
MAYOR
ATTEST:
PCity- C~rk !
First Reading December 12, 2000
Second Reading January 2, 2001
8 Ord. No. 35-00
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
CiTy YOR AND CITY COMMISSIONERS
MANAGER
AGENDA ITEM I 0. ~}.' REGULAR MEETING OF JANUARY 2, 2001
ORDINANCE NO. 35-00 (ALCOHOL AND DRUG ABUSE TREATMENT
FACILITIES
DECEMBER 29, 2000
This is second reading and a second public heating for Ordinance No. 35-00 w}nch amends various
sections of the Land Development Regulations with respect to res~denttal and non-residenttal alcohol
and drug abuse treatment facililaes. It brings the City's regulations into conformance with the State's
requirements for the regulation of these types of facilities under Chapter 397 of the Florida Statutes.
The amendment involves changing the definition of alcohol and drug abuse treatment faciltties and
other code sections that refer to alcohol and drag abuse treatment facslifies. LDR Section 4.3.3(D)
lists specxfic requirements for alcohol and drug abuse treatment facilities. It is being amended to
include location and other restncuons. The proposed amendment includes a restriction that nexther
residential nor non-resxdenfial facflittes shall be located within 1,200 feet of any public or private
elementary, rmddle or secondary school. It also would not allow establishment of a facility within
1,200 feet of another facihty. Additional background and an analysis of the request are provided in
the attached staff report.
The Planning and Zoning Board held a public heating on this ~tem at its meeting of November 20,
2000. There was no public testimony. After discussion, the Board voted 6 to 0 to recommend that
the proposed text amendment be approved based upon positive findings with respect to LDR Section
2.4.5(M). At first reading on December 12th, the City Commission passed the ordinance by
unammous vote after a lengthy discussion on the legalities revolved wath this issue.
Recommend approval of Ordinance No. 35-00 on second and final reading.
Ref. Agmemol Ord 35-00.Akohol and Drug Abuse Treatment
P NNING ND N.!NG; B Ag .MEMC)RAND.UM.::STA 'E, : RE'EC)R [
I
II
MEETING OF:
AGENDA ITEM:
NOVEMBER 20, 2000
III.D. AMENDMENT TO THE DEFINITION OF ALCOHOL AND DRUG
ABUSE TREATMENT FACILITIES.
I
The item before the Board is that of processing an amendment to the "Definitions" section of
the Land Development Regulations (LDRs) regarding alcohol and drug abuse treatment
facilities. The amendment is being processed in accordance with LDR Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a
recommendation is obtained from the Planning and Zoning Board.
This amendment is corrective in nature. The State Legislature amended Chapter 397, Florida
Statutes, regarding the regulation of residential and non-residential Alcohol and Drug Abuse
Treatment Facilities. Thus, an amendment to the City's Land Development Regulations
regarding Alcohol and Drug Abuse Treatment Facilities is necessary to conform with the
State's requirements under Chapter 397, Florida Statutes. The amendment involves
changing the definition of alcohol and drug abuse treatment facilities and those code sections
that refer to alcohol and drug abuse treatment facilities. LDR Section 4.3.3(D), which list
specific requirements of alcohol and drug abuse treatment facilities, has also been amended
to include location and other restrictions.
At its meeting of September 18,.2000, the Planning and Zoning Board held a public heating
with regard to the proposed text amendment. Several members of the public spoke with
regard to the amendment. Most of the comments related to the proposed location
restrictions and distance criteria. The amendment included cr'rteria that a facility could not be
located within 500' of single family zoning districts, or within 1,200' of another facility, and
that facilities located in the RM, RO, and OSSHAD zoning districts would be limited to a
maximum capacity of 14 residents. The Board's discussion and comments from the public
primarily related to not allowing facilities to locate within 1,200' of a school, facilities not
allowing admission to patients who are under court order, and prohibiting detoxification at
facilities. The Board tabled the item so that staff could look into some of the suggestions.
The item was further discussed at the Board's October workshop meeting. The following is a
response to the inquiries.
Detoxification is prohibited in residential zoning districts, however, it is not prohibited in
non-residential zoning districts as it would be similar to other medical or institutional type
uses.
· Florida Statutes allow for individuals to be ordered by the courts to licensed treatment
programs. Violent offenders would not be sentenced to a rehabilitation program.
P&Z Board Staff Report
Definition of Alcohol and Drug Abuse Treatment Facilities
Page 2
· Schools and other places where children are located in large or disproportionate numbers
have received increased protection under the law from influences and situations for which
they are ill-equipped to deal with appropriately (See, e.g., Chapter 893.13, Florida
Statutes). Thus, the proposed amendment includes a restriction that neither residential
nor non-residential facilities shall be located within 1,200' of any public or private
elementary, middle or secondary school.
In order to provide available sites within the City, the 500' distance criteria from a .single
family zoning distdct has been eliminated from the request. The limitation to a maximum of
14 residents for facilities in the RM, RO and OSSHAD zoning districts has also been
eliminated as the justification for both requirements were gleaned from Chapter 419 Florida
Statutes pertaining to Community Residential Homes. As depicted in Exhibit A, the number
of available sites where a facility could locate was severely limited under these criteria and
existing facilities, such as the South County Drug Abuse Foundation Facility on South
Swinton Avenue, would have become nonconforming. The spacing requirements between
residential facilities were retained to prevent de facto institutionalization of those receiving
treatment and to encourage integration.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and
Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated
more for "housekeeping" purposes than to fulfill any specific Comp Plan policy. While the
amendment does not specifically further the Goals, Objectives, and Policies of the
Comprehensive Plan, it is not inconsistent with them.
By motion, recommend approval of the attached amendments to the "Definitions" section of
the Land Development Regulations as well as Section 4.3.3(D) and other affected sections,
based upon positive findings with LDR Section 2.4.5(M).
Attachments:
· Proposed Amendment
· Exhibit A (Map delineating 500' from single family zoning and 1,200' from public/private schools)
· Exhibit B (Map delineating 1,200' from public/private schools)
P&Z Board Staff Report
Definition of Alcohol and Drug Abuse Treatment Facilities
Page 3
Appendix "A", "Definitions"
"Residential Alcohol and Druq Abuse Treatment Facility" Any facility which is or will be
licensed by the State of Florida pursuant to Chapter 397, Florida Statutes, as may be
amended from time to time, as a residential program.
"Non-residential Alcohol and Druq Abuse Treatment Facility" Any facility which is or
will be licensed by the State of Florida pursuant to Chapter 397, Florida Statutes, as may be
amended from time to time, as a pro.qram other than a residential program.
Section 4.3.3(D) Residential and Non-residential Alcohol and Drug Abuse Treatment
Facilities: Unless otherwise specified, the followin.q provisions apply to Residential Alcohol
and Dru.q Abuse Treatment Facilities. Non-residential Alcohol and Druq Abuse Treatment
Facilities are considered medical offices for the purposes of zoninq classification and
re.qulation.
(1) Floor Area:
(a) Rooms: Minimum floor area for bedrooms and the minimum number of
bathrooms shall be governed by the Standard Housing Code.
(b) Common Area: At least 10% of the total floor area shall be devoted to a
common area, exclusive of halls, corridors, stairs, and elevator shafts, wherein
a variety of recreational and therapeutic activities may occur.
(2) Facilities and Requirements:
(a) Individual rooms or suites shall, in no case, have kitchen facilities or other such
facilities available for the preparation of food.
(b) Nothing in this subsection shall relieve any residential or non-residential alcohol
or drug abuse treatment facility from compliance with F.S. Chapters 396--a~
397 of the Florida Statutes or any Palm Beach County Rules and Regulations
pertaining to alcohol or drug abuse treatment facilities.
P&Z Board Staff Report
Definition of Alcohol and Drug Abuse Treatment Facilities
Page 4
(3)
Appearance: Residential Aalcohol and drug abuse treatment facilities ~
~'-""*'-~; .... "'~""+;~ '~""*-;"+o shall have building elevations which are residential
in character and similar in appearance to the surrounding neighborhood. They
shall not be institutional in appearance.
(4)
Licenses and Inspections:
(a)
Fire Inspections: Issuance of an occupational license shall be preced, ed by
an annual safety inspection; issuance of an occupational license shall be
contingent upon compliance with the recommendations of the City Fire Marshall
and the Chief Building Official.
(b)
State License: Applicants for a City occupational license shall submit a copy
of the entire State application form as submitted to the State, to the
Occupational License Administrator at the time of application for an
occupational license. Proof of iicensure by the State shall be submitted to the
City within three months of issuance of the City occupational license.
(c)
Annual License: Occupational licenses must be renewed annually, and be
only received upon provision of proof that the facility continues to be licensed
by the State and upon passing of City inspections.
(5) Location Restrictions and Special Regulations:
(a) Neither residential nor non-residential facilities shall be located within
(b)
1,200' of any public or private elementary, middle or secondary school.
A residential facility shall not be located within 1,200' of another residential
alcohol or druq abuse treatment facility.
Section 4.4.6
Medium Density Residential (RM) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the RM District:
(2)Residential Alcohol and d_Drug a~_buse t_Treatment fF_acilities.- subject to
restrictions set forth in Section 4.3.3(D).
Section 4.4.9
General Commercial (GC) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the GC District, except as modified in the West Atlantic Avenue
Overlay District by Section 4.4.9(G)(1)(a) and the ~lorth Federal Highway Overlay District by
Section 4.4.9(G)(2). [Amd. Ord. 53-96 11119196]; [Amd. Ord. 72-95 1215/95]
(1) Residential Alcohol and Drug Abuse Treatment Facilities~ subject to restrictions
set forth in Section 4.3.3('D).
P&Z Board Staff Report
Definition of Alcohol and Drug Abuse Treatment Facilities
Page 5
Section 4.4.13 Central Business (CBD) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CBD District:
(2)Residential Alcohol and dDrug a~_buse t_Treatment fFacilitie~ subject to
restrictions set forth in Section 4.3.3(D).
Section 4.4.16 Professional and Office (POD) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the POD District:
(2) Residential Alcohol and Drug Abuse Treatment Facilities.- subiect to restrictions
set forth in Section 4.3.3(D).
Section 4.4.17 Residential Office (RO) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the RO District:
(2)Residential Alcohol and
restrictions set forth in Section 4.3.3(D).
d_Drug a~_buse t_Treatment fFacilities~ subiect to
Section 4.4.21 Community Facilities (CF) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CF District:
(1) Health Care, such as: adult congregate living; continuing care; homes for the
aged; nursing homes; ~ residential alcohol and druq abuse treatment facilities
subiect to restrictions set forth in Section 4.3.3(D); hospitals, with or without helipads and
associated laboratories, treatment centers, rehabilitation centers, and testing facilities; and
mental health treatment facilities including residential care. [Amd. Ord. 32-94 6121194]
Section 4.4.24 Old School Square Historic Arts District (OSSHAD)
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the OSSHAD:
P&Z Board Staff Report
Definition of Alcohol and Drug Abuse Treatment Facilities
Page 6
(4)Adult congregate living facilities, Residential Alcohol and Drug Abuse
tTreatment fFacilities subiect to restrictions set forth in Section 4.3.3(D), Child Care, Adult
Day Care, Continuing Care, Convalescent Homes, and Nursing Homes.
Section 4.6.9
Off-Street Parking Requirements:
(C) Number of Parking Spaces Required: The number of parking spaces required for
new buildings, new uses, additions, enlargements, or changes shall be determined by the
following standards for uses and categories of use and types of parking spaces.
(7) Other Uses:
(a) Abused Spouse Residence: One space per sleeping room plus one space
for each shift employee.
(b) A.C.L.F's, Residential Alcoholic and Dru.q Abuse Treatment Facilities,
and Nursinq Homes: Shall provide one space for each four beds.
CITY OF DELRAY BEACH, FLORIDA
Planning & Zoning Department
x.~O CAN4L
- Exhibit A -
Alcohol & Drug Abuse Treatment Facilities
- Area Not Permitted-
500' Area from Residential Zoned Property
~- 1200' Area from Pubiic/Private Schools ~
CiTY OF DELRAY BEAGH, FL
PLANNING & ZONING DEPARTMENT
ONE MILE ! 2000
GRAPHIC SCALE - - D/G~AL ~ASE MAP SYSTEH o -
CITY OF DELRAY BEACH, FLORIDA
Planning & Zoning Department
L.30 CANAL
LAKE IDA ROAr'
i
LDWSON BOULEVARD
UNTON BOtJLEVARD
I
I
I
S W 2.NDST
LINTOIV
CANAL C.~15 CANAL
- Exhibit B -
Alcohol & Drug Abuse Treatment Facilities
- Area Not Permitted-
[,,,~?~ - 1200' Area from Public/Private Schools
ONE MILE
GRAPH/C SCALE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
2000
TO:
THRU:
FROM:
SUBJECT:
..iClTY~COMMISSION DOCUMENTATION
JEFFREY A. COSTELLO, PRINCIPAL PLAN ~'~
MEETING OF DECEMBER 12, 2000
CONSIDERATION OF AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS
RELATING TO ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES.
I · ~ BACK~ROUND
This amendment is corrective in nature. The State Legislature amended Chapter 397, Florida Statutes,
regarding the regulation of residential and non-residential Alcohol and Drug Abuse Treatment Facilities.
The amendment to the City's Land Development Regulations is necessary to conform with the State's
requirements under Chapter 397, Florida Statutes. The amendment involves changing the definition of
alcohol and drug abuse treatment facilities and other code sections, which refer to alcohol and drug
abuse treatment facilities. LDR Section 4.3.3(D), which lists specific requirements of alcohol and drug
abuse treatment facilities, has also been amended to include location and other restrictions. The
proposed amendment includes a restriction that neither residential nor non-residential facilities shall be
located within 1,200' of any public or private elementary, middle or secondary school. It also would not
allow establishment of a facility within 1,200' of another facility. Additional background and an analysis
of the request are found in the attached Planning and Zoning Board staff report.
P~NNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board held a public hearing regarding this item at its meeting of November
20, 2000. There was no public testimony in support of or opposition to the proposed amendment. After
discussing the text amendment, the Board voted 6-0 (Bird absent) to recommend to the City
Commission approval of the proposed text amendment based upon positive findings with respect to
LDR Section 2.4.5(M).
By motion, approve on first reading a text amendment to the "Definitions" section of the Land
Development Regulations as well as Section 4.3.3(D) and other affected sections, based upon the
findings and recommendations by the Planning and Zoning Board, setting a public hearing date of
January 2, 2001.
Attachments: P&Z Staff Report and Documentation of November 20, 2000
Ordinance by Others
rlTY OF I)ELAI:IY BEACH
CiTY ATTORNEY'S OFFICE
DELRAY BEACH
200 NW 1st AVENUE · DEI. RAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct L~ne- (561) 243-7090
1993
MEMORANDUM
DATE:
December 11, 2000
TO:
FI~OM:
SUBJECT:
City Commission
David T. Harden, City Manager
Jay T. Jambeck, Assistant City Attorne
Ordinance #35-00; Alcohol and Drug A~se
Treatment Facilities
Please find attached a revised version of Ordinance #35-00 which makes only
non-substantive changes to the ordinance in order to assure consistent reference to the
treatment facilities throughout the ordinance.
If you have any questions, do not hesitate to contact me.
Attachment
ORDINANCE NO. 35 - O0
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH AS
FOLLOWS: AMENDING APPENDIX "A', "DEFINITIONS"
BY REPEALING THE DEFINITION OF "ALCOHOL AND
DRUG ABUSE TREATMENT FACILITY" AND ENACTING
THE DEFINITIONS OF "RESIDENTIAL ALCOHOL AND
DRUG ABUSE TREATMENT FACILITY" AND "NON-
RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITY" TO CONFORM TO CHANGES IN
THE FLORIDA STATUTES; AMENDING SECTION 4.3.3(D),
"ALCOHOL AND DRUG ABUSE TREATMENT
FACILITIES", TO REFLECT CHANGES MADE TO THE
DEFINITION OF "ALCOHOL AND DRUG ABUSE
TREATMENT FACILITY", AND TO PROVIDE SPACING
REQUIREMENTS BETWEEN SCHOOLS AND OTHER
ALCOHOL AND DRUG ABUSE TREATMENT FACILTIES;
AMENDING SECTION 4.4.6 TO SPECIFY THAT
RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITIES ARE A CONDITIONAL USE IN
THE RM ZONING DISTRICT; AMENDING SECTION 4.4.9
TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG
ABUSE TREATMENT FACILITIES ARE A CONDITIONAL
USE IN THE GC ZONING DISTRICT; AMENDING SECTION
4.4.13 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND
DRUG ABUSE TREATMENT FACILITIES ARE A
CONDITIONAL USE IN THE CBD ZONING DISTRICT;
AMENDING SECTION 4.4.16 TO SPECIFY THAT
RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITIES ARE A CONDITIONAL USE IN
THE POD ZONING DISTRICT; AMENDING SECTION 4.4.17
TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG
ABUSE TREATMENT FACILITIES ARE A CONDITIONAL
USE IN THE RO ZONING DISTRICT; AMENDING SECTION
4.4.21 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND
DRUG ABUSE TREATMENT FACILITIES ARE A
CONDITIONAL USE IN THE CF ZONING DISTRICT;
AMENDING SECTION 4.4.24 TO SPECIFY THAT
RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITIES ARE A CONDITIONAL USE IN
THE OSSHAD ZONING DISTRICT; AMENDING SECTION
Ord. No. 35-00
4.6.9 TO SPECIFY THE OFF-STREET PARKING
REQUIREMENTS FOR RESIDENTIAL ALCOHOL AND
DRUG ABUSE TREATMENT FACILITIES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that the legislature has amended Chapter
397, Florida Statutes regarding the regulation of residential and non-residential Alcohol and Drug
Abuse Treatment Facilities; and
WHEREAS, the City Commission has determined that the City's Land Development
Regulations regarding Alcohol and Drug Abuse Treatment Facilities require amendment to conform
with the State's requirements under Chapter 397, Florida Statutes; and
WHEREAS, the City Commission has determined that Section 4.3.3(D) of the Land
Development Regulations require amendment to reflect changes made to the definition of Alcohol a
Drug Abuse Treatment Facility; and
WHEREAS, the zoning districts where such facilities are allowed must be amended to reflect
the change in designation; and
WHEREAS, the location of such facilities is a land use matter and is within the public
interest of the citizens of the City of Delray Beach; and
WHEREAS, schools and other places where children are located in large or disproportionate
numbers have received increased protection under the law from influences and situations for which
they are ill-equipped to deal with appropriately (See, e.g., Chapter 893.13, Florida Statutes); and
WHEREAS, the City Commission has determined that based on the above concerns, neither
a residential facility nor a non-residential facility is appropriately located within 1200' of a public or
private elementary, middle or secondary school; and
WHEREAS, the City Commission f'mds that treatment of recovering drug users, alcoholics
and other addicts to be an important and worthy objective; and
WHEREAS, the City Commission f'mds that a concentration of residential Alcohol and Drug
Abuse Facilities in particular neighborhoods leads to a de facto institutionalization of those receiving
treatment (See Farnilystyle of St. Paul, Inc. v. City of St. Paul 923 F.2d 91 (8~h Cir. 1991)); and
WHEREAS, the City Commission has determined that spacing requirements between
residential facilities and maximum capacity limits in specified districts will prevent de facto
institutionalization of those receiving treatment and will encourage integration; and
WHEREAS, the City may regulate the location of such facilities through the exercise of its
police powers in furthering local land use concerns.
Ord. No. 35-00
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Appendix "A", "Definitions" of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida is hereby Amended to read as follows:
"Residential Alcohol and Drug Abuse Treatment Facility" Any facility which is or will be
licensed by the State of Florida pursuant to Chapter 397, Florida Statutes, as may be amended from
time to time, as a residential program.
"Non-residential Alcohol and Drug Abuse Treatment Facility" Any facility which is or will
be licensed by the State of Florida pursuant to Chapter 397, Florida Statutes, as may be amended
from time to time, as a program other than a residential program.
Section 2. That Article 4.3, "District Regulations; General Provisions", Section 4.3.3,
"Special Requirements for Special Uses" of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach is hereby amended as follows:
(D) Residential and Non-residential Alcohol and Drug Abuse Treatment Facilities:
Unless otherwise specified, the following provisions apply to Residential Alcohol and Drug Abuse
Treatment Facilities. Non-residential Alcohol and Drug Abuse Treatment Facilities are considered
medical offices for the purposes of zoning classification and regulation.
(1) Floor Area:
(a) Rooms: Minimum floor area for bedrooms and the minimum number of bathrooms
shall be governed by the Standard Housing Code.
(b) Common Area: At least 10% of the total floor area shall be devoted to a common
area, exclusive of halls, corridors, stairs, and elevator shafts, wherein a variety of
recreational and therapeutic activities may occur.
(2) Facilities and Requirements:
(a) Individual rooms or suites shall, in no case, have kitchen facilities or other such
facilities available for the preparation of food.
(b)Nothing in this subsection shall relieve any residential or non-residential alcohol or
drug abuse treatment facility from compliance with F.S. Chapters 39fi ae~ 397 of the
Florida Statutes or any Palm Beach County Rules and Regulations pertaining to
alcohol or drug abuse treatment facilities.
Ord. No. 35-00
(3) Appearance: Residential &alcohol and drug abuse treatment facilities wS~-_~ 2re !ecxte~
in reddeeZ~.x! 2~str?zts shall have building elevations which are residential in character
and similar in appearance to the surrounding neighborhood. They shall not be
institutional in appearance.
(4) Licenses and Inspections:
(a)
Fire Inspections: Issuance of an occupational license shall be preceded by an
annual safety inspection; issuance of an occupational license shall be contingent upon
compliance with the recommendations of the City Fire Marshall and the Chief
Building Official.
(b)
State License: Applicants for a City occupational license shall submit a copy of the
entire State application form as submitted to the State, to the Occupational License
Administrator at the time of application for an occupational license. Proof of
licensure by the State shall be submitted to the City within three months of issuance of
the City occupational license.
(c)
Annual License: Occupational licenses must be renewed annually, and be only
received upon provision of proof that the facility continues to be licensed by the State
and upon passing of City inspections.
(5) Location Restrictions and Special Regulations:
(a) A residential alcohol and drug abuse treatment facility shall not be located within
1,200' of another residential alcohol or drug abuse treatment facility.
(b) Neither a residential alcohol and drug abuse treatment facility nor a non-residential
alcohol and drug abuse treatment facility shall be located within 1200' of any public
or private elementary, middle or secondary school.
Section 3. That Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District" of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach is hereby amended as follows:
Section 4.4.6 Medium Density Residential (RM) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the RM District:
(2)Residential Alcohol and ~lDrug aAbuse STreatment ~_acilities., subject to restrictions
set forth in Section 4.3.3(D).
Ord. No. 35-00
Section 4. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial
(GC) District" of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach is hereby amended as follows:
Section 4.4.9 General Commercial (GC) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay
District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section
4.4.9(G)(2).
(1) Residential Alcohol and Drug Abuse Treatment Facilities, subject to restrictions set
forth in Section 4.3.3(D).
Section 5. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business
(CBD) District" of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach is hereby amended as follows:
Section 4.4.13
Central Business (CBD) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CBD District:
(2)Residential Alcohol and ~lDrug aAbuse ~Treatment lrl~_acilities, subject to restrictions
set forth in Section 4.3.3(D).
Section 6. That Article 4.4, "Base Zoning District", Section 4.4.16, "Professional and
Office (POD) District" of the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach is hereby amended as follows:
Section 4.4.16
Professional and Office (POD) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the POD District:
(2)Residential Alcohol and Drug Abuse Treatment Facilities, subject to restrictions set
forth in Section 4.3.3(D).
Section 7. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office (RO)
District" of the Land Development Regulations of the Code of Ordinances of the City of Delray
Beach is hereby amended as follows:
Ord. No. 35-00
Section 4.4.17
Residential Office (RO) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the RO District:
(2)Residential Alcohol and ~lDrug aA_buse ~Treatment ~_acilities. subject to restrictions
set forth in Section 4.3.3(D).
Section 8. That Article 4.4, "Base Zoning District", Section 4.4.21, "Community Facilities
(CF) District" of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach is hereby amended as follows:
Section 4.4.21
Community Facilities (CF) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CF District:
(1) Health Care, such as: adult congregate living; continuing care; homes for the aged;
nursing homes; substavze residential alcohol and drug abuse treatment facilities subject to
restrictions set forth in Section 4.3.3(D); hospitals, with or without helipads and associated
laboratories, treatment centers, rehabilitation centers, and testing facilities; and mental health
treatment facilities including residential care.
Section 9. That Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square
Historic Arts District (OSSHAD)" of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach is hereby amended as follows:
Section 4.4.24
Old School Square Historic Arts District (OSSHAD)
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the OSSHAD:
(4)Adult congregate living facilities, Residential Alcohol and Drug Abuse ST_reatment
~_acilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care,
Continuing Care, Convalescent Homes, and Nursing Homes.
Section 10. That Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street
Parking Regulations" of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach is hereby amended as follows:
Ord. No. 35-00
Section 4.6.9 Off-Street Parking Requirements:
(C) Number of Parking Spaces Required: The number of parking spaces required for new
buildings, new uses, additions, enlargements, or changes shall be determined by the following
standards for uses and categories of use and types of parking spaces.
(7) Other Uses:
(a) Abused Spouse Residence: One space per sleeping room plus one space for each
shift employee.
(b) A.C.L.F'S~ Residential Alcoholic and Drug Abuse Treatment Facilities, and
Nursing Homes: Shall provide one space for each four beds.
Section 11. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, clause 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 hereof
other than the part declared invalid.
Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 13.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2000.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
Ord. No. 35-00
0
C,)
Ill
~ CITY OF DELRAY BEACH '----
NOTICE OF PROPOSED .&MENDerS
TO THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF
DELR~ BEACH TO MODIF~
DEFINITION OF AND REPONS
PERTAINING TO tlI2OHOL
DRUG tBUSE TREtTMENT FACIlITY
The City Commission of the City of Delray Beach, Florida, proposes
to adopt the following ordinance:
ORDIN~ICE NO. 35-00
^N om~m~c~ oF 'nm cm' co~m~ss;o~ oF ml~ crr~ OF D~¥
CODE OF om~cr.~ or r}m crrv oF Dm~¥ B~C~ ~¥ m'~.~J2~ 'r~ Dl~'~rmoN
'~}~o[ ~ DRUG ~US~ ~ E^C~'~t' ~ ~^C'~
F^ca.rr~s'. oF rm~ [~.~ Dmt. o?~,r ~uI~O~S or ~ COD£
~ S~OS 4.a 60~ ~ ~ ~~ ~O~S O~ ~ ~m Or
~s~a S~O~ a.4 ~ O~ ~ ~ ~~ ~OSS Or
DRUG ABUSE ~ FA~ ~ A ~N~ffiON~ ~S~ · ~ RO ~G
~D~G S~ON 4421 OF ~ ~ DE~P~ ~ONS OF ~ ~DE OF
DRUG ~USE ~A~ FA~ ~ A ~N~ON~ USE ~ ~ ~ ~G D~,
A~G SE~ION 4 4.24 OF ~ ~ DE~ ~OHS OF ~ ~DE OF
O~ OF ~ ~ OF D~Y B~ ~ S~ ~
DRUG ~USE ~ FA~ ~ A CO~ON~ USE ~
DIS~, ~G S~ON 4.6.9 OF ~ ~ D~P~ ~ONS OF
OF O~S OF ~ ~ OF D~Y B~ ~ S~ ~ O~-S~ P~O
~QU~S~ FOR ~D~ ~HOL ~ DRUG ~USE ~
PROLOG A S^~G ~US~ A O~ ~ ~USK ~ ~
~ C~ C~ssi~ ~ ~a ~ ~ of ~o (2) ~ ~bM H~s f~
~bhc ~m~3' ~g ~ ~ ~, ~ ~ ~bhc ~g ~ ~ld
Co~m~ C~ ~ Cl~ ~ 1~ N W. i~ Aven~, ~y ~ ~
such ~ng ~ch ~ ~t by ~ C~ ~).
For ~ ~o~on ~ to ~ a ~y of ~ ~ ~, p~ ~
~p~ C~ ~, I~ N W. 1~ Averts, ~y B~k Hm~ 3~ ~ ~7~),
~ of 8 ~ ~m ~ 5.~ p~, M~y ~ ~y, ~<1~S ~ys.
PL~SE BE ~S~ ~T · A P~ON D~ ~ ~ ~ D~I~ ~E BY
PE~ON ~Y ~ ~ ~S~ ~ A ~ ~ ~
E~ ~N ~ ~ ~ ~ ~ BE B~ ~ ~ ~ N~ PRO~E NOR
P~ SU~ ~. ~U~ ES. ~1~.
P~H ~y B~h News ~OFD~Y B~
~r 27, 2~ ~
~NSI~I
A I~IBLIC HEAJ:IING wflH~e r~d on ~e
1~ N W 1~ A~n~, ~h.
~~u~8~m
~ 5~ p m M~ ~m~h ~y,
~iX ~A". 'DERNITIONS", OF ~E
~D ~LO~E~ ~GU~ONS
~ ~ ~ ~ ~DI~CES ~
~E C~ OF ~L~Y ~CH BY
RE--lNG ~E ~FINITION ~
'~OHOL ~D DRUG ~USE
~E~ ~IL~ ~0
~ ~OL ~D ~ ~USE
~E~ ~IL~ ~D
~IDE~I~ ~COHOL ~O DRUG
~USE ~E~ ~CILI~ TO
~NFORM TO C~NGES IN ~E
~IDA ~A~S, ~ENDING ~-
TION 433 (O), *~COHOL ~D
~UG ~USE ~E~ FACfLI-
~ES", OF ~E ~D D~LOPME~
~GU~TtONS OF THE CODE OF
~I~CES ~ ~E C~ ~ ~L-
~Y B~H ~0 RE~ C~NGES
~E ~ ~E D~IN~ION ~ '~
H~ ~D DR~ ~USE ~E~
~ClL~. ~D TO ~OVIDE SP~-
lNG REQUIREME~S B~EN
~HOO~ AND OTHER ~COHOL
AND DRUG ABUSE TR~TMENT
FACILITIES AMENDING SECTION
446 OF ~E ~D D~LO~EN-
~U~O~ ~ ~ C~E ~
ORDI~NCES ~ ~E C~ OF DEL-
~Y ~H TO S~I~ ~T
DENTIAL ALCOHOL ~D DRUG
~USE ~E~ ~ILmES ARE
A COND~IO~ USE IN ~ RM
Z~I~ DI~I~, ~ENDI~ ~-
~ 449 ~ ~E ~D D~OP-
ME~ ~GU~S ~ ~E ~E
~ ORDr~NCES OF ~E C~ OF
~Y B~H TO S~CI~ ~T
~SI~ ~HOL ~D DRUG
~U~ ~E~ ~CILmES ~E
A CONDmO~ USE IN ~ GC ZON-
I~ DIS~I~, ~ENDI~ SECTION
4413 ~ ~D D~L~ME~
REGU~TtONS OF THE CODE OF
O~i~ES ~ ~ C~ ~
~Y B~CH TO S~CI~ ~T
DENIAL ALCOHOL AND DRUG
~USE ~E~ FACILmES ~E
A CoNDm~ USE IN ~E ~D
~ON 4416 ~ ~E ~D D~LOP-
ME~ REGU~TIONS ~ ~E CODE
~ ORDI~CES OF ~E CI~ ~
DEL~Y B~H TO S~CI~ ~T
RESIDE~I~ ~OL ~D DRUG
~USE ~E~ ~CIL~ES ~E
A CONDITI~ U~ IN ~E ~D
~ING DI~ICT ~ENDING ~-
~ON 4417 ~ ~E ~D
ME~ ~GU~S ~ ~E CODE
~ ORDr~NCES ~ ~E C~ OF
~L~Y B~ TO S~CI~ ~T
R~I~ ~HOL ~D DRUG
~USE ~Eh~ ~ClLI~ES ~E
A COND~ION~ ~E IN ~E RO
ZONING DI~ICT. ~NDING ~-
~ON 4421 ~ ~ ~D D~LOP-
~ R~U~ONS OF ~ ~DE
OF ORDnaNCES O~HE CI~ OF
DEL~Y B~H ~ S~CI~ ~T
RESIDE~ ~COHOL ~ DRUG
~USE ~E~ FACIL~ES ARE
A ~NO~IO~ USE tN ~E CF ZON-
I~ DtS~I~ ~ENDING SECTION
4424 ~ ~E ~D ~L~ME~
REGU~TiOINS OF ~E CODE OF
ORDI~NCES OF ~E C~ OF DEL-
~Y ~CH TO S~I~ ~T RESI-
DENTIAL ~COHOL AND DRUG
~SE ~E~ FACILITIES ARE
A ~NDmO~ USE IN ~E OSS~
Z~tNG DI~I~, ~END~NG
~ 469 ~ ~E ~D O~LOP-
ME~ ~GU~TiONS ~ ~E CODE
~ ORDI~NCES ~ ~E C~
~Y B~H TO S~CI~ ~E
~-STRE~ PARKING REQUIRE-
ME~ ~R RESlDE~ ~COHOL
~D DRUG ABUSE TR~TMEN7
F~IL~IES, ~IDING A
C~USE. A GENE~ REaR
~, ~D ~ ~
~.~
~ ~DI~ OF ~E C~ COM-
MINION ~ ~E C~ OF D~Y
~H, ~ORID~ ~ENDr~
~R 71, 'P~KING REGU~TIONS',
~ ~E C~ ~ ORDI~S OF
~E C~ ~ ~L~Y ~H, BY
AMENDING ~CTION 71 ~,
'~ TO R~ISE ~E ~S
C~RGED FOR PARKrNGVlO~-
TIONS, PROVIDING A~VlNG
C~USE. A GENE~ REaR
C~ ~D ~ ~
crTY OF DELRAY BEACH
A~son M,~Gregor h~
Boc~ R~to~ Ne,'w~/D~my Bch Ne~,~
A~ ?o, lgo~
191
~' CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENTS TO THE
LAND DEVELOPMENT REGULATIONS TO MODIFY
THE PARKING REQUIREMENTS FOR
RESTAURANTS IN THE ORIGINAL DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) AREA AND TO
DELETE THE ONE TIME ONE SPACE PARKING '
REDUCTION IN THE CENTRAL BUSINESS DISTRICT
(CBD) AND OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD) (ORDINANCE 34-00)
AND
NOTICE OF PROPOSED AMENDMENTS TO
APPENDIX "A", "DEFINITIONS", OF THE LAND
DEVELOPMENT REGULATIONS TO MODIFY THE
DEFINITIONS OF ALCOHOL AND DRUG ABUSE
TREATMENT FACILITIES (ORDINANCE 35-00)
i'he City Commission of the City of Delmy Beech, Ftorida, prol>-~____ to acldpt the foitowtng ordinances:
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING SECTION 4~.13, 'CENTRAL BUSI.
NESS DISTRICT (CB.D,~", OF THE LAND DEVELOPMENT REGULATIONS BY AMENDING ~UBSECTION 4.4.13 (G), SUPPLEMENTAL DIS-
TRICT REGULATIONS, TO INCREASE THE PARKING REQUIREMENT FOR RESTAURANTS IN THE ORIGINAL DOWNTOWN DEVELOPMENT~
AUTHORITY (DDA) AREA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD)', SUBSECTION 4 4 13(G), 'SUPPLEMENTAL
DISTRICT REGULATIONS," AND SECTION 4.4.24, 'OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4 4 24(G),
'SUPPLEMENTAL DISTRICT REGULATIONS', BY DELETING THE ONE TIME ONE SPACE PARKING REDUCTION, PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY COMMISSION OF THE CrTY OF DELRAY BEACH, FLORIDA, AMENDING APPENDIX 'A', 'DEFINITIONS', OF
THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING THE DEF.
INITION OF "ALCOHOL AND DRUG ABUSE TREATMENT FACILITY' AND ENACTING THE DEFINITIONS OF 'RESIDENTIAL ALCOHOL AND
DRUG ABUSE TREATMENT FACILITY' AND 'NON-RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY' TO CONFORM TO
CHANGES IN THE FLORIDA STATUTES, AMENDING SECTION 4.3.3(D), 'ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO REFLECT CHANGES MADE
TO THE DEFINITION OF 'ALCOHOL AND DRUG ABUSE TREATMENT FAClLR-Y', AND TO PROVIDE SPACING REQUIREMENTS BETWEEN
SCHOOLS AND OTHER ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.6 OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG
ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE RM ZONING DISTRICT; AMENDING SECTION 4.4 9 OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO SPECIFY THAT RESIDENTIAL
ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE GC ZONING DISTRICT; AMENDING SECTION
4 4 13 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO SPECIFY THAT
RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE CBD ZONING DISTRICT; AMEND.
ING SECTION 4 4 16 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO
SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITION USE IN THE POD ZONING DIS.
TRICT, AMENDING SECTION 4 4 17 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DEL.
RAY EACH TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITION USE IN THE RC
ZONING DISTRICT, AMENDING SECTION 4.4.21 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL
USE IN THE CF ZONING DISTRICT, AMENDING SECTION 4.4.24 OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDI.
NANCES OF THE CITY OF DELI{AY BEACH TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE
A CONDITIONAL USE IN THE OSSHAD ZONING DISTRICT, AMENDING SECTION 4.6.9 OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO SPECIFY THE OFF-STREET PARKING REQUIREMENTS FOR RESI-
DENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; PROVIDING A SAVING CLAUSE; A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE
The City Commission will conduct two (2)Public Hearings for ltm purpose of accepting public teslin'mny regarding the probo~ed ordinances. The
[rst Publ_~c Heanng will be held on TUESDAY. DECEMBER 12.. 2000. A 7:00 P.M.. In the Commission chambers at- City hall, 100 N.W. 1st Avenue,
uelray ueach, Flonda If the proposed ord~nancss are passeo on flint reading, a second Pubhc hearing will be held on
2001. AT 7:00 P.M.. (or at any continuation of such meeting wh~..,h is set by the Commission).
All Interested citizens are ~ to attend the public hearings ~ comment upon the ~ ordtnmtces or submit their comments In writing
or before the date of these bearings to the Planning and Zonlng ueparlment. For further Informabon or to obtain a ~ of the proposed ordinances
plea. se contact the Planmng and Zoning. Department, City Hall, 100 N W. 1st Avenue, Dstrey Beach, Florida 33444 (Phone 561/243-7040), betwee;
me nours of 8 00 a m and 5:00 pm., Monday through Friday, excluding holidays
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TOI
ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE!
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD
PURSUANTTO F.S 286 0105
PUBLISH' Boca Raton/Delrey Beach News CITY OF DE[RAY BEACH
December 5, 2000 Alison MacGregor Hetty ·
December 27, 2000 City Clerk I
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