67-74 ORDINANCE NO. 67-74.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING"
OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUB-
SECTION 29-3 BY ADDING CONVALESCENT HOMES, HOMES
FOR THE AGED, NURSING HOMES AND REST HOMES; ALSO BY
AMENDING SUBSECTIONS 29-5.1 (RM-10 MULTIPLE FAMILY
DWELLING DISTRICT) AND 29-5.2 (RM-15 MULTIPLE FAMILY
DWELLING DISTRICT) BY PE~4ITTING THE ABOVE AS CON-
DITIONAL USES; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY
CLAUSE; PROVIDING A SAVING CLAUSE.
WHEREAS, the Planning and Zoning Board has recommended adding conva-
lescent homes, homes for the aged, nursing homes, and rest homes as con-
ditional uses and providing for the regulations pertaining to such uses;
and,
WHEREA'S, the City Administration concurs in said recommendation;
and,
WHEREAS, the City Council of the City of Delray Beach, Florida, has
determined that such changes should be made,
NoW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Sec. 29-3 of the Code of Ordinances of the City, as
amended, be further amended by adding the following subparagraph under (C)
Conditional Uses:
CONVALESCENT HOMES, HOMES FOR THE AGED, NURSING HOMES, AND
REST HOMES
In addition to the requirements of Sec. 29-7.4, the following
regulations shall apply:
(a) DEFINITIONS
A facility where for compensation or medical coverage, care
is provided for three ~3) or more persons suffering from an
illness other than a contagious, psychopathic, or socio-
~ ...... dlsease, which is not of sufflc!ent severity to
require hospital attention. Care may also be provided for
persons requiring institutional care after being discharged
from a hospital, other than a mental hospital. Patients
usually require domiciliary care in addition to nursing care.
(b) LOCATION
Such facilities shall not be located on any arterial or
major street. Should the 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 p~operty. The environment created should be of
a pronounced residential nature, and be designed to minimize
any adverse condition which might detract from the primary
convalescent pur3ose of the facility.
LOT AREA
The minimum lot area shall be one (1) acre.
(d) FRONTAGE
The property shall have a minimum frontage of one-hundred
(100) feet.
(e) BUILDING HEIGHT AND LOT COVERAGE
The building height and lot coverage shall be the minimum
requirements for the zoning district in which the facility
is located.
(f) SETBACKS
No building or structures shall be located closer than fifty
(50) feet to any property line. Parking areas shall not be
located closer than twenty-five (25) feet to any property
line.
(g) DENSITY
The maximum density shall not exceed 30.37 patient rooms per
acre. The number of rooms allowed shall be computed as
follows: One (1) patient room for each 1500 square feet of
lo~ area.
(h) PROHIBITION - HOUSEKEEPING
Rooms or suites shall not be designed, altered, or maintained
for housekeeping or family living purposes.
(i) ROOM FACILITIES
Each patient room shall be equipped with a bathroom and
bathing facilities 'in addition to audio monitors and call
buttons. Individual patient rooms or suites shall in no
case have kitchen facilities available for the preparation
of food.
(j) MINIMUM LEISURE FLOOR AREA
At least ten (10) percent 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.
(k) PARKING
One (1) space per five (5) patient beds or residents, plus
one (1) space per two (2) employees including nurses on the
shift of greatest employment, plus one (1) space for each
staff doctor.
LAND SCAP ING
In addition to the requirements of Chapter 15C of this Code,
a twenty-five (25) foot landscaped buffer zone shall be
provided adjacent to all property lines. Within this land-
scaped area, no paving shall be permitted except for per-
missible driveways or walkways leading to a structure. This
landscaped area shall be planted and maintained in lawn
which may include flower beds, hedges, shrubs, trees, or
similar materials.
(m) STATE AND COUNTY REGULATIONS
Such facilities shall be subject to all State and County
regulations.
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Ord. No. 67-74.
Section 2. That Sec. 29-5.1 of the Code of Ordinances of the City,
as amended, be further amended by adding the following subparagraph under
(C) Conditional Uses:
Convalescent homes, homes for the aged, nursing homes, and
rest homes, subject to Sec. 29-3.
Section 3. That Sec. 29-5.2 of the Code of Ordinances of the City,.
as amended, be further amended by adding the following subparagraph under
(C) Conditional Uses:
Convalescent homes, homes for the aged, nursing homes, and
rest homes, subject to Sec. 29-3.
Section 4. That all ordinances or parts of ordinances in conflict
herewith be and the same a~e hereby repealed.
Section 5. That anv_ ..~erson.. f~m .... or corporation ~'~l~la~ any of
the provisions of Section 1 above, shall upon conviction, be punished as
provided in Section 1-6 of the Code of Ordinances of the City of Delray
Beach.
Section 6. 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.
PASSED ~D ADOPTED in regular session on second and final reading
on this the 13th day of January , 1975.
ATTEST
City Clerk
First Reading Dece_.mber 23, 1974
Second Reading January 1.3, 1975
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Ord. No. 6?-?4.