29-79 ORDINANCE NO. 29-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE
OF ORDINANCES BY AMENDING SECTIONS 29-7(C), 29-8(C),
29-11(C), 29-12(C), 29-13(C) AND 29-13.1(C) TO ALLOW
ADULT CONGREGATE LIVING FACILITIES AS CONDITIONAL USES;
AMENDING SECTION 29-17, "SUPPLEMENTARY REGULATIONS", BY
ADDING SUBSECTION (T) PROVIDING FOR ADULT CONGREGATE
LIVING FACILITIES, PROVIDING FOR LOCATIONS, PROVIDING
FOR LOT AREA, PROVIDING FOR FRONTAGE, PROVIDING FOR
CAPACITY, PROVIDING FOR ROOM FACILITIES, PROVIDING FOR
MINIMUM LEISURE FLOOR AREA, PROVIDING FOR PARKING, PRO-
VIDING FOR COMPLIANCE WITH STATUTES AND RULES; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is within the power of the City of Delray Beach to
enact zoning laws to regulate and restrict land use for the purpose of
promoting the public health, safety, morals and general welfare; and,
WHEREAS, the rapid increase in the elderly population of this
area has brought increasing public recognition of the special problems
confronting this age group; and,
WHEREAS, among these problems are the special housing needs of
the elderly arising from the fixed and limited incomes upon which many
older persons are dependent, and the physical as well as social and
psychological needs of the elderly; and,
WHEREAS, this ordinance is designed to help meet the housing
needs of the elderly at the local level of government and to promote the
general welfare of the entire City; and,
WHEREAS, the City Council of the City of Delray Beach has
determined that it is in the best interests of the City to provide for
the development, establishment and enforcement of basic standards which
will insure safe and adequate care of persons in Adult Congregate Living
Facilities providing personal services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 29-7(C) RM-10 (Multiple Family Dwell-
ing) District, is hereby amended by adding the following:
(15) Adult Congregate Living Facilities, subject to Section
29-17 (T)
Section 2. That Section 29-8(C) RM-15 (Multiple Family Dwell-
ing) District, is hereby amended by adding the following:
(15) Adult Congregate Living Facilities, subject to Section
29-17(T)
Section 3. That Section 29-11(C) GC (General Commercial) Dis-
trict, is hereby amended by adding the following:
(17) Adult Congregate Living Facilities, subject to Section
29-17(T)
Section 4. That Section 29-12(C) SC (Specialized Commercial)
District, is hereby amended by adding the following:
(19) Adult Congregate Living Facilities, subject to Section
29-17(T)
Section 5. That Section 29-13(C) CBD (Central Business) Dis-
trict, is hereby amended by adding the following:
(17) Adult Congregate Living Facilities, subject to Section
29-17(T)
Section 6. That Section 29-13.1(C) LC (Limited Commercial)
District, is hereby amended by adding the following:
(9) Adult Congregate Living Facilities, subject to Section
29-17(T)
Section 7. That Section 29-17 Supplementary Regulations, is
hereby amended by adding the following:
(T) ADULT CONGREGATE LIVING FACILITIES
In addition to the requirements of Section~29-21, the
following regulations shall apply:
(1) Definitions. "Adult Congregate Living Facility"
means any institution, building or buildings, resi-
dence, or private home, whether operated for profit
or not, which undertakes through its ownership or
management to provide, for a period exceeding
twenty-four (24) hours, one or more personal ser-
vices for four (4) or more adults who are fifty-
five (55) years of age or older, not related to the
owner or administrator by blood or marriage, who
require such services. "Personal Services" means
services in addition to housing and food service
which include, but are not limited to: personal
assistance with bathing, dressing, ambulation,
housekeeping, eating, supervision, emotional
security, and assistance with securing health care
from appropriate sources. Personal Service does
not include medical services.
(2) Location. An Adult Congregate Living Facility
shall not be located on any arterial or major
street. Should the Adult Congregate Living
Facility require ambulance service, such access
shall be from a collector street, and shall be
located in such a manner as to minimize the adverse
effects on adjacent property. The environment
created shall be of a pronounced residential nature,
and be designed to minimize any adverse condition
which might detract from the primary purpose of the
Adult Congregate Living Facility.
(3) Lot Area. The minimum lot area on which an Adult
Congregate Living Facility is located shall be at
least ten thousand (10,000) square feet.
(4) Frontage. The property on which an Adult Con-
gregate Living Facility is located shall have a
minimum frontage of one-hundred (100) feet.
(5) Capacity. The maximum capacity in any one Adult
Congregate Living Facility shall not exceed twenty
(20) persons. The number of rooms allowed shall be
computed as follows: one (1) room for each
eighteen hundred (1800) square feet of lot area.
(6) Room Facilities. Individual rooms or suites shall
in no case have kitchen facilities available for
the preparation of food.
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(7) Minimum Leisure Floor Area. At least ten (10)
percent of the total floor area of an Adult Con-
gregate Living Facility shall be devoted to a
common area, exclusive of halls, corridors, stairs
or elevator shafts, wherein a variety of recrea-
tional or therapeutic activities may occur.
(8) Parking. Parking spaces required for an Adult
Congregate Living Facility shall be as follows: one
(1) parking space per room, plus one (1) parking
space per each employee of the Adult Congregate
Living Facility.
(9) Compliance With Statutes And Rules. Nothing in
this ordinance shall relieve any Adult Congregate
Living Facility from compliance with Florida Statutes
Chapter 400 "Nursing Homes And Related Health Care
Facilities", Part II "Adult Congregate Living
Facilities", and the Rules of the Department of
Health and Rehabilitative Services, Chapter 10,
"Aging and Adult Service Programs", "Minimum
Standards For Adult Congregate Living Facilities",
or any successor or substitute Statutes and Rules
pertaining to Adult Congregate Living Facilities.
Section 8. That should any section or provision of this ordi-
nance or any portion thereof, any paragraph, sentence, or word be de-
clared 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 9. That all ordinances or parts of ordinances in con-
flict herewith be and the same are hereby repealed.
Section 10. 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 29th day of May , 1979.
MAYOR
LEON M. WEEKES
ATTEST:
ity Clerk
First Reading May 14, 1979
Second Reading May 29:]979
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