Ord 04-04ORDINANCE NO. 4-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.KAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DRI.KAY BEACH AS
FOLLOWS: AMENDING APPENDIX "A",
"DEFINITIONS", BY REPEALING THE DEFINITIONS OF
"RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITY" AND "NON RESIDENTIAL
ALCOHOL AND DRUG ABUSE TREATMENT FACILITY"
AND ENACTING THE DEFINITIONS OF "RESIDENTIAL
LICENSED SERVICE PROVIDER FACILITY" AND NON-
RESIDENTIAL LICENSED SERVICE PROVIDER
FACILITY" TO CONFORM TO CHANGES IN FLORIDA
STATUTES; AMENDING SECTIONS 4.3.3(D), 4.4.6, 4.4.9,
4.4.13, 4.4.16, 4.4.17, 4.4.21, 4.4.24 AND 4.6.9 TO REFLECT
THE CHANGE IN TERMINOLOGY FROM
"RESIDENTIAL AND NON-RESIDENTIAL ALCOHOL
AND DRUG ABUSE TREATMENT FACILITY" TO
"RESIDENTIAL AND NON-RESIDENTIAL LICENSED
SERVICE PROVIDER FACILITY"; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATN.
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 residential and non-residential alcohol and drug abuse treatment facilities
require amendment to conform with the state's terminology of such facilities under Chapter 397,
Florida Statutes.
NOW THEREFORE, BE IT ORDAIND BY THE CITY COMMISSION OF THE
CITY OF DRI.KAy 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 ^ ~__t_~ __a r,_._ a u .... ~,' ....... ~--n:.-,, Licensed Service Provider
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 )2cc.[c.l and Draga~o~A I- .... ~T'.&~_~... ....... .IT---"l:~'~'.~j Licensed Service
Provider Facili .ty" 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 Atride 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 to read as follows:
(D) Residential and Non-residential.~v..~.& I-~1.~! ~~''~6~'--'-- ..~.~aU .... *~'a':~.~,*~o. Licensed
Service Provider Facilities. Unless otherwise specified, the following provisions apply to
Facilities. Non-residential Licensed Service Provider Facilities s~_~.~ ~_a r,_.~ Ak ....
~ ' are considered medical offices for the purposes of zoning classification
and regulation.
"Residential Licensed Service Provider Facifi .ty" shall mean a
scrvi~e provider or facility that provides a structured live-in
envir~nm¢,l~ within a non hospital setting on a 24-hours-a-day. 7-
days-a-week basis, and which includes:
Facilities that provide room and board and treatment and
rehabilitation within the primary, residential facility: and
Co)
Facil~i¢~ that are used for room and board only and in which
treatment and rebabilitation activities are provided on a
malada~0ry basis at locations other than the primary
residential facility. In this case. facilities used for room and
bo~qt gnd for treatment and rehabilitation are operated under
thc ~tuspices of the same provider, and licensing and
re[mlato~ requirements would apply to both the residential
facility and ~11 other facilities in which treatment and
rehabilitation activities occur.
(-1-)~7~ Floor Area:
(a)
Rooms: Minimum floor area for bedrooms and the
minimum number of bathrooms shall be governed by the
Standard Housing Code.
Common Area: At least 10% of the total floor area shall be
devoted to a common area, exdusive of halls, corridors,
2 ORD. NO. 4-04
stairs, and elevator shafts, wherein a variety of recreational
and therapeutic activities may occur.
{2).0;1 Facilities and Requirements:
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 .1---I---1 --- -1 .... I~ ........ f~ility
.......... 8 .... ~.~t licensed
service provider facility from compliance with Chapters 397
of the Florida Statutes or any Palm Beach County Rules and
Regulations pertaining to alcohol or drug abuse treatment
facilities.
Appeaxance: Residential s
-.1-:-1- --- ~ ..... a: .... :a__g_~ a:~..z_._ Licensed Semce Provider
Facilities shall have building elevations which are residential in
character and similar in appearance to the surrounding
neighborhood. They shall not be institutional in appearance.
Licenses and Inspections:
Fire Inspections: Iss-ance 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
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.
,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.
3 ORD. NO. 4-04
Location Restrictions and Special Regulations:
A residential -'--~-' aaa.. &-.:g _u ...........
licensed service nrovider facility ___:a__~:_~
~ shall not be located within 1,200 feet
of mother resi · ~ L , a u ~. ,-- ,r -,-
dential ;az~..c~. c~z a-ag a~u~c
licensed service provider facility.
residential ........... ,~ ............... ~
licensed service provider facility, nor a non-residential -.2caEal
..... *5 .................. ~ licensed service nrovider
facility, shall be located wiehin 1,200 feet of any public or
private elementary, middle or secondary school
Section 3. That Artide 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 are allowed as
conditional uses within the RM District.
Service Provider Facilities subject to restrictions set forth in Section 4.3.3(I)).
Section 4. That lttide 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, Florida, is hereby mended 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 Athntic
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) R id rial )J h I __a r,_._ au .... -~ ....... v__n:~_. Li d
Service Providers subject to restrictions set forth in Section 4.3.3(12>).
Section 5. That Arfide 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
Dekay Beach is hereby amended as follows:
4 ORD. NO. 4-04
Section 4.4.13 Central Business (CBD) District:
(D) Conditio-~l Uses and Structures AHowcd: The following uses are
allowed as conditional uses within the CBD District.
(2) Residential A~---~-A~ ---a r,_a. ak .... m ....... ~--n:.:- Licensed
Service Provider Facilities subiect to restrictions set forth in Section 4.3.3(D).
Section 6. That 3atide 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 Deb:ay 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 thc POD District:
(2) R id gal ,__L_, ._a ~_._ A~- .... ~ ....... =--:~:~-- Li d
Service Provider Facilities subject to restrictions set forth in Section 4.33(D).
Sectign 7. That Article 4.4, ''Base Zoning Distticf', Section 4.4.17, "Residential Office
(RO) District", of the Land Development Regulations of the City of Delray Beach, Florida, is
hereby amended as follows:
Section 4.4.17 Residential Office (RO) District:
(D) Conditional Uses and Sh-uctaues Allowed: The following uses are
allowed as conditional uses within the RO District:
Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D).
Section 8. That Article 4.4, "Base Zoning District", Section 4.4.21, "Comm~lrlity
Facilities (CF) District", of the Land Development Regulations of the Code of Ordinances of the
City of Ddray Beach, Florida, is hereby amended as follows:
Section 4.4.21 Commnniiy 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 :2cc. kc.l ...................... __a a_.~ _~ ........... c__:~:~__ Licensed'
Service Provider Facilities subject to restrictions set forth in Section 4.3.303); hospitals, with
5 ORD. NO. 4414
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 Dekay Beach, Florida, is hereby amended as follows:
Section 4.4.24 Old School Square Historic ~ District (OSSHAD)
(D) Conditional Uses and Structures Allowed: The following uses are
allowed as conditional uses w/thin the OSSHAD:
(4) Adult congregate living facilities, Residential )2~c~kal -~d Dr,:g
A ~- .... m .......e__n:,:__ Licensed Service Provider Facilities 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, Florida, 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, enla~ements, or changes shall be
determined by the following standards for uses and categories of use and types of parking
spaces.
Other Uses:
(a) Abused Spouse Residence: One space per sleeping room
plus one space for each shift employee.
(b) A. C L .'S R id rial A'A--~.A':A ~-., r._._ A~. ....
· .F ~ es ell ............ .~j .....
' ' ' Licensed Service Provider 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 derision 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.
6 ORD. NO. 4-04
Section 13.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ~D~)PTED in reg-h~ session on second and final reading on this the
day of cK~g~o/~a~dt~ ,2004.
ATI'EST:
City Clerk
First Reading ~~.~
Second Rea~ ~
7 ORD. NO. 4-04
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ ~- - REGULAR MEETING OF FEBRUARY 3. 2004
ORDINANCE NO, 4-04 (AMENDING I.,AND DEVELOPMENT
REGULATIONS REGARDING "RESIDENTIAL AND NON-
RESIDENTIAL LICENSED SERVICE PROVIDER")
JANUARY 30, 2004
This is second reading for Ordinance No. 4-04 amending the Land Development Regulations
Appendix A "Definitions" repealing the definitions for Residential and Non-Residential Alcohol and
Drag Abuse Treatment Facility and enacting new definitions for Residential and Non-Residential
Licensed Service Provider and amending Sections 4.3.3(12)), 4.4.6, 4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21,
4.4.24, and 4.6.9 to reflect the change in terminology.
In 2002, the Florida Legislature amended Chapter 397, Florida Statutes, regarding the regulation of
Substance Abuse Treatment Facilities, which became effective July 1, 2002. To conform to the State's
requirements, the Planning and Zoning Board, at its meeting of July 15, 2002, recommended to the
City Commission approval of an LDR amendment concerning Residential and Non-Residential
Alcohol and Drag Abuse Treatment Facilities. On August 20, 2002, the City Commission tabled the
ordinance at second reading due to concerns raised by the recovery community that the ordinance .
was too broad and imposed regulations in addition to those imposed by State Statutes.
The current LDR amendment has been narrowed in scope. The proposed ordinance repeals the
definitions for "Residential and Non-Residential Licensed Service Provider", changes the reference
from "alcohol and drug abuse treatment facilities" to "Licensed Service Provider Facilities" to be
consistent with the terminology of such facilities in State Statutes.
On December 15, 2003, the Planning and Zoning Board held a public heating regarding this item.
There was a member of the public that had no objections to the amendment, but recommended some
grammatical changes to the ordinance. After discussion, the Board voted 5-0 to recommend that the
request be approved, based upon positive findings with respect to LDR Section 2.4.5(M).
At first reading on January 6, 2004, the Commission passed the Ordinance No. 4-04.
Recommend approval of Ordinance No. 4-04 on second and final reading.
S:\City Cierk\a~:,enda me~ no~ \ Ch'd, 4.04.02.03.04
TO:
THRU:
FROM:
SUBJECT:
DAVID T HARDEN, CITY MANAGE~/~ .~,,~
· o
PAUL DORU.G, D RECTOR OF PLA...NG
JEFFREY A. COSTELLO, ASSISTANT PLANNING Dtf~ECTO/R~~' '~ '
L
MEETING OF JANUARY 6, 2004
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS LAND
DEVELOPMENT REGULATIONS REGARDING "RESIDENTIAL AND NON-
RESIDENTIAL LICENSED SERVICE PROVIDER·
In 2002, the Florida Legislature amended Chapter 397, Florida Statutes, regarding the regulation of
Substance Abuse Treatment Facilities, which became effective July 1, 2002. Thus, the City's Land
Development Regulations regarding treatment facilities must be amended to conform to the State's
requirements under Chapter 397, Florida Statutes. At its meeting of July 15, 2002, the Planning and
Zoning Board recommended to the City Commission approval of an LDR amendment concerning
Residential and Non-Residential Alcohol and Drug Abuse Treatment Facilities. On August 20, 2002,
the City Commission tabled the ordinance at second reading due to concerns raised by the recovery
community that the ordinance was too broad and imposed regulations in addition to those imposed by
State Statutes.
The current LDR amendment has been narrowed in scope. The proposed ordinance repeals the
definitions for "Residential and Non-residential Alcohol and Drug Abuse Treatment Facility" and enacts
new definitions for "Residential and Non-Residential Licensed Service Provider", changes the reference
from "alcohol and drug abuse treatment facilities" to "Licensed Service Provider Facilities" to be
consistent with the terminology of such facilities in State Statutes.
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.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of December
15, 2003. There was a member of the public that had no objections to the amendment, but
recommended some grammatical changes to the ordinance. After discussing the amendment, the
Board voted 5-0 (Krall and Pike absent) to recommend to the City Commission approval of the
proposed amendment to the Land Development Regulations regarding "Residential and Non-residential
Licensed Service Provider'', based upon positive findings with LDR Section 2.4.5(M).
By motion, approve on first reading the ordinance amending the Land Development Regulations
regarding "Residential and Non-residential Licensed Service Provider~', based upon positive findings
with LDR Section 2.4.5(M), and set a public hearing date of February 3, 2004.
Attachment: Proposed Ordinance
City Commission Documentation
Meeting of January 6, 2004
LDR Text Amendment - Residential and Non-residential Service Providers
Page 2
ORDINANCE NO. 4-04
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 DEFINITIONS OF
"RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT
FACILITY" AND "NON RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITY" AND ENACTING THE DEFINITIONS OF
"RESIDENTIAL LICENSED SERVICE PROVIDER FACILITY" AND
NON-RESIDENTIAL LICENSED SERVICE PROVIDER FACILITY" TO
CONFORM TO CHANGES IN FLORIDA STATUTES; AMENDING
SECTIONS 4.3.3(D), 4.4.6, 4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21, 4.4.24 AND
4.6.9 TO REFLECT THE CHANGE IN TERMINOLOGY FROM
"RESIDENTIAL AND NON-RESIDENTIAL ALCOHOL AND DRUG
ABUSE TREATMENT FACILITY" TO "RESIDENTIAL AND NON-
RESIDENTIAL LICENSED SERVICE PROVIDER FACILITY";
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 residential and non-residential alcohol and drug abuse treatment facilities require amendment to
conform with the state's terminology of such facilities under Chapter 397, Florida Statutes.
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 Aleeh.~l and L~.ag ASuce Trzv..~'m.~.~t FaciliD"' Licensed Service Provider 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 A~o,,~-~ --a r,--.~ A~. .... 'V.~.----, FacilL%"' Licensed Service Provider
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 to read as follows:
(D) Residential and Non-residential Alcoa. c! & ~cg A?cgc Faeilitie:. Licensed Service
Provider Facilities. Unless otherwise specified, the following provisions apply to Residential A!:cSc! and
r~.~ ^~ .... m ....... t~;~;,;~ Licensed Service Provider Facilities. Non-residential Licensed Service
Provider Facilities A!zv.k:2 ~a r~.~ ^~. .... ~r ....... e~;~;,;~ are considered medical offices for the
purposes of zoning classification and regulation.
City Commission Documentation
Meeting of January 6, 2004
LDR Text Amendment - Residential and Non-residential Service Providers
Page 3
"Residential Licensed Service Provider Facility" shall mean a service provider
or facility that provides a structured live-in environment within a non hospital
setting on a 24-hours-a-day, 7-days-a-week basis, and which includes:
(a)
Facilities that provide room and board and treatment and rehabilitation
within the primary residential facility; and
Co)
Facilities that are used for room and board only and in which treatment
and rehabilitation activities are provided on a mandatory basis at
locations other than the primary residential facility. In this case,
facilities used for room and board and for treatment and rehabilitation are
operated under the auspices of the same provider, and licensing and
regulatory requirements would apply to both the residential facility and
all other facilities in which treatment and rehabilitation activities occur.
Floor Area:
(a)
Rooms: Minimum floor area for bedrooms and the minimum number of
bathrooms shall be governed by the Standard Housing Code.
Co)
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.
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.
Co)
Nothing in this subsection shall relieve any residential or non-residential
............ ,, ........................ ., hcensed service provider facthty
from compliance with Chapters 397 of the Florida Statutes or any Palm
Beach County Rules and Regulations pertaining to alcohol or drug abuse
treatment facilities.
Appearance: Residential ^ 1,,,,hr-1 -~-~ -~ .... 1- .... ~-..^...~-+ ~'.^;l;*; ..... 1.;^1. ~^
located in rc:i~ent:.a! ~i:~:t: Licensed Service Provider Facilities shall have
building elevations which are residential in character and similar in appearance to
the surrounding neighborhood. They shall not be institutional in appearance.
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.
CO)
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.
City Commission Documentation
Meeting of January 6, 2004
LDR Text Amendment - Residential and Non-residential Service Providers
Page 4
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.
Location Restrictions and Special Regulations:
(a)
A residential al:ertl "..n~ ~mg ab'.:':e .treaLment fa:ili~' licensed se~ce
shall not be located ~th~ 1,200 feet of ~other residential :Izzhzl zr
~. ~ ....................... ~ hcensed se~ice provider faciliw.
Co)
Neither a residential cloche! anti ~mg ab'.:'ze ~ea~'znent fac/liB' licensed
service provider facility nor a non-residential a]~md-d~a~
~ licensed service provider 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 are allowed as conditional
uses within the RM District.
(2) Residential Alcr, kel ~_a r,-.~ ^~. .... ~- ...... 'e~;~;+;~. Licensed Service
Provider Facilities 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, Florida,
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 Alca2c! an~ Drag Ab'age Trea~nent Fac~I~5zz Licensed Service
Providers 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 A!cehel and E.':mb Ab'.:ce Trca-':..cnt FaciliSe: Licensed Service
Provider Facilities subject to restrictions set forth in Section 4.3.3(D).
City Commission Documentation
Meeting of January 6, 2004
LDR Text Amendment - Residential and Non-residential Service Providers
Page 5
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 Delmy 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 A!zv~:! aha.. L~..:g A~'.::: Tree*merit Faci!i~e: Licensed Service
Provider Facilities subject to restrictions set forth in Section 4.3.3(I)).
Section 7. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office (RO)
District", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended as
follows:
Section 4.4.17 Residential Office 010) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the RO District:
(2) Residential A!ze~c! ~ L~..:'g A~'.::: Trca~ent Faei!i~e: Licensed Service
Provider Facilities 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, Florida,
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; residential alo~h~l an~ drab ab'.:'ze ~ea~'znent faz~!~fic: Licensed Service Provider
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, Florida, 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.^~^~^~..~v..v. -.-~-~ -.r~'~-= .... ^~. .... ~
_ ''' Licensed Service Provider Facilities 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,
Florida, is hereby amended as follows:
City Commission Documentation
Meeting of January 6, 2004
LDR Text Amendment - Residential and Non-residential Service Providers
Page 6
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, enlargcmants, or changes shall be determined by thc following standards
for uses and categories of usc 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 A!ce~c!"e ==~ Dr'ag A?-':: Trca*.mcn:
Fac"!:t'~e: Licensed Service Provider 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.
of
PASSED AND ADOPTED in regular session on second and final reading on this the
., 2003.
day
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
~26 ~ nato,ueMmy mmh ~- Way, January 23, 2004 · www. bocanews.com ·
100
ANNOUNCEMENTS
LEGAL NOTICES
LEGAL NOT.ES
~M-8 (MEDIUM DENSITY RESIDEN-
TiAL - 8 DWELLING UNITS PER ACRE
CEL OF LAND LOCATED ON THE
DATE. '
AN ORDINANCE OF THE C~Y COM