HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 01_01/25/2011 AMENDED 1/25/11
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ORDINANCE NO. 1 -11
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. AT ARTICLE I. IN
GENERAL. SEC. 78 -4. DEFINITIONS. BY CREATING AN ENTIRELY
NEW DEFINITION FOR "REHABILITATION FACILITY" AND BY
AMENDING THE DEFINITION OF "RESIDENTIAL USE "; AT
ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS. SEC. 78 -180
MU MIXED USE DISTRICT. BY ADDING "REHABILITATION
FACILITIES" AS A SPECIAL EXCEPTION USE, BY CREATING
CONDITIONS TO BE MET BY ALL REHABILITATION FACILITIES
AND BY LIMITING THE DENSITY FOR SUCH SPECIAL EXCEPTION
USE TO 10 UNITS PER ACRE; AND AT ARTICLE X. OFF - STREET AND
ON- STREET PARKING AND LOADING REGULATIONS. BY ADDING
"REHABILITATION FACILITIES" AS A CATEGORY AND
REQUIRING REHABILITATION FACILITIES TO PROVIDE ONE OFF
STREET PARKING SPACE PER PATIENT BED; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 78. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village of Tequesta has received a privately initiated application from
GMH Tequesta Holdings, LLC to amend the Village's zoning code text to allow rehabilitation
facilities as a special exception use in the MU Mixed use zoning district; and
WHEREAS, said application provides a definition for "rehabilitation facility" as well as
density restrictions, parking requirements and other conditions of approval that all rehabilitation
facilities would have to meet in order to receive approval to operate from the Village Council;
and
WHEREAS, the applicant has previously advertised and held a public "town hall"
meeting to discuss with the citizens of the Village its intentions to operate a rehabilitation facility
in the MU Mixed use zoning district; and
WHEREAS, the applicant has met with Village staff on numerous occasions in order to
prepare its application in a manner that will serve not only its own purposes, but also those of the
Village ;and
WHEREAS, the applicant has previously met with the Village Council in a publicly
noticed workshop meeting to further discuss and refine its application; and
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WHEREAS, the applicant has taken into account all the input obtained at all the
aforesaid meetings and workshops, resulting in the zoning code text amendments as set forth
herein, which the Village Council believes will be in the best interests of the Village of Tequesta,
and will promote the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 : Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article I. In General. Sec. 78 -4. Definitions. by creating an entirely new
definition for "Rehabilitation facility" to be inserted alphabetically into the existing list of
definitions, and by amending the existing definition of "Residential use "; providing that these
definitions shall hereafter read as follows:
Section 78 -4. Definitions
Rehabilitation facility means a private State of Florida licensed facility that provides
rehabilitation care for patients who are eighteen years of age or older. The primary puroose of a
rehabilitation facility is to provide treatment for drug and alcohol addiction and eating disorders;
however, the rehabilitation facility must be a dual diagnostic facility staffed and equipped to
provide treatment for co- occurring disorders. Rehabilitation facilities must provide a structured
residential living environment which includes the following features: 24 -hour on -site security;
24 -hour patient supervision by licensed nursing staff; and quality of life services such as
swimming pools, garden areas, sport - courts, exterior patios or sitting areas, community living
areas meditation areas fitness rooms libraries recreation rooms televisions on -site food
preparation, and telephone and internet service. Rehabilitation facilities must provide short-term
care treatment and extended care treatment, and may also provide follow -up treatment.
Rehabilitation facilities shall not offer anv services for individuals with a history of violent
behavior or threats to the public health, safety and welfare or the health, safety and welfare of
other patients. The following definitions apply to the definition of rehabilitation facility:
1. Rehabilitation care means diagnosis and treatment for drug and alcohol addiction
disorders, eating disorders and physical, mental or emotional issues that are directly
attributed to those disorders. Rehabilitation care does not include drug or alcohol
detoxification, which, if needed, must be completed at an offsite facility prior to
beginning rehabilitation care.
2. Private means privately owned and funded with no use of state or federal funds for
the operation of the facility, research work or care of patients.
3. Short -term care means a program designed for a minimum residential stay of 30
calendar days.
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4. Extended care treatment means an additional 30 to 60 calendaLday stay in residential
treatment after completing the initial short-term care residential treatment program.
5. Follow-up treatment means a program designed for an additional one week stay in
residential treatment. subsequent to the previous completion of the short-term care or
extended care treatment program, and must occur at the same facility where short-
term care or extended care treatment was received Follow -up treatment is for those
patients who need additional structured follow -up treatment that does not require the
clinical intensity of the short term or extended care treatment program. Follow -up
treatment shall not account for more than ten percent (10 %) of the Rehabilitation
Facility's patient clientele. Follow -up care can also be in the form of electronic
correspondence or tele- conferencing, and in such cases has no limit or restrictions
regarding the duration of the care, the location of the treatment or the number of
participating patients.
6. Detoxification means the cleansing of the body from toxic substances such as alcohol
or controlled substances.
Residential use means use of land or structures thereon, or a portion thereof, as a dwelling place
for one or more families or households, including residential rehabilitation facilities in the MU
mixed -use district, but not otherwis including occupancy of a transient nature such as hotels,
motels, or timesharing rentals.
Section 2 : Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article VI. Schedule of District Regulations. Sec. 78 -180. MU mixed use
district. by adding "rehabilitation facilities" as a special exception use, by creating conditions to
be met by all rehabilitation facilities, and by limiting the density for such special exception use to
10 units per acre; providing that Sec. 78 -180 shall hereafter read as follows:
Sec. 78 -180. MU mixed -use district.
(a) Purpose. [This paragraph shall remain in full force and effect as previously enacted.]
(b) Applicability of development regulations to mixed -use development. [This paragraph shall
remain in full force and effect as previously enacted.]
(c) Conflicts with other regulations. [This paragraph shall remain in full force and effect as
previously enacted.]
(d) General requirements and special regulations. The following general requirements and
special regulations shall apply to planned mixed -use development within the mixed -use district:
(1) Location. [This paragraph shall remain in full force and effect as previously
enacted.]
(2) Configuration of site. [This paragraph shall remain in full force and effect as
previously enacted.]
(3) Unity of title. [This paragraph shall remain in full force and effect as previously
enacted.]
(4) Density. For the purpose of this section, if dwelling units are to be developed as part
of a proposed development within the mixed -use district, the total number of dwelling
units permitted in the mixed -use district shall be computed on the basis of 18 dwelling
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units per gross acre for all residential uses, with the following exceptions: °..
ACLFs shall be computed on the basis of 24 dwelling units per gross acre and
rehabilitation facilities shall be computed on the basis of 10 dwelling units per gross
Acre
(5) Building height. [This paragraph shall remain in full force and effect as previously
enacted.]
(e) Site plan review. [This paragraph shall remain in full force and effect as previously enacted.]
(f) Urban design principles. [This paragraph shall remain in full force and effect as previously
enacted.]
(g) Urban design objectives. [This paragraph shall remain in full force and effect as previously
enacted.]
(h) Permitted uses. [This paragraph shall remain in full force and effect as previously enacted.]
(i) Special exception uses. Special exception uses in the mixed -use district are as follows:
(1) - (15) [These paragraphs shall remain in full force and effect as previously enacted.]
16) Rehabilitation facilities, subject to the following conditions:
a. Rehabilitation facilities shall be prohibited from being located within a
one half mile radius of another rehabilitation facility.
b. Ninety percent of the dwelling Fesidential Hying units within the
rehabilitation facility shall have a minimum of 575 square feet whigh shall
The remaining ten percent of the
dwelling ling units may shaIl have a minimum of 500 square feet.
C. Single occupancy dwelling units shall have a minimum of 500 square feet
and shall contain a private bedroom, bathroom and living area. Double
occupancy dwelling units shall have a minimum of 750 square feet and shall
contain two private bedrooms, two private bathrooms and a common living area-
d.
Occupant load for individuals receiving treatment shall not exceed the
number of bedrooms. Bedrooms shall be for single occupancy only. Overall
density for a rehabilitation facility shall not exceed ten (10) dwelling
units per
gross acre.
e Rehabilitation facilities must be equipped with a controlled space
effectively screened from public view, for arrivals and departures of patients.
This space shall be large enough to accommodate an ambulance for transporting
patients in and out of the facility.
f. The rehabilitation facility shall include a backup generator system. The
system shall be sized for the building occupancy load and have a fuel s urce
sufficient to operate the facility for a minimum of seven S.
g. The rehabilitation facility shall by separate agreement guarantee payment
to the primary fire rescue provider for patient ambulance transport service.
h. The rehabilitation facility's 24 hour on -site security shall include interior
patient and staff securit y. as well as perimeter outdoor security. Said perimeter
outdoor security shall be provided by certified law enforcement officers, and be
memorialized by a separate, written agreement satisfactory to the Village.
i. The rehabilitation facility shall submit quarterly reports to the Village's
Community Development Director that establish and document compliance with
all rehabilitation facility funding and occupancy requirements and restrictions.
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j. In conjunction with the application for special exception use. the Village
may, at its discretion, secure an impact analysis study, performed by an
independent entity. detailing the proposed rehabilitation facility's projected
community wide impacts. This study, if prepared, shall specifically address the
rehabilitation facility's potential economic impact to the Village, the creation and
continuation of jobs, the potential impact on law enforcement and criminal
activity, and the potential impact on the Village's emergency medical resources.
k. In conjunction with the application for a business tax receipt and the
annual renewal thereof, a rehabilitation facility shall submit to the Village, in the
form of a sworn affidavit by the rehabilitation facility's legal representative who
is authorized to do so, written documentation that the rehabilitation facility is in
compliance with all requirements of this section as well as the definitional
requirements of Sec. 78 -4. Should the rehabilitation facility's business tax receipt
be issued based upon a false affidavit, the Village may seek to impose all
penalties allowed by law, pursuant to Chapter 70, Article II of the Village Code of
Ordinances.
1. Should the rehabilitation facility at any time violate any of the
requirements of this section or any of the definitional requirements of Sec. 78 -4
the Village may obtain relief through the code enforcement special magistrate
process pursuant to Chapter 2, Article IV of the Village Code of Ordinances. For
pmoses of the code enforcement special magistrate process, each day that the
rehabilitation facility is found to be in violation shall be considered a separate
offense. In addition to the code enforcement special magistrate process, the
Village may seek and all relief available to it by law or in equity, including, but
not limited to injunctive relief, recovery of money damages, or both.
(j) Accessory uses. [This paragraph shall remain in full force and effect as previously enacted.]
(k) Planned mixed -use development required. [This paragraph shall remain in full force and
effect as previously enacted.]
(1) Prohibited uses. [This paragraph shall remain in full force and effect as previously enacted.]
(m) Property development standards. [This paragraph shall remain in full force and effect as
previously enacted.]
Section 3 : Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article X. Off - Street and On- Street Parking and Loading Regulations. Sec.
78 -705. Required number of parking spaces. by adding "rehabilitation facilities" as a category
and requiring rehabilitation facilities to provide one parking space per patient bed; providing
that Sec. 78 -705 shall hereafter read as follows:
Sec. 78 -705. Required number of parking spaces.
(1) - (32) [These paragraphs shall remain in full force and effect as previously enacted.]
33) Rehabilitation facilities: One space per patient bed.
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Section 4: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 5: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
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Section 6 : 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 of this Ordinance.
Section 7: Specific authority is hereby granted to codify this Ordinance.
Section 8 : This Ordinance shall become effective immediately upon passage.
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McWilliams, Lori
From: Couzzo, Michael
Sent: Friday, January 21, 2011 11:30 AM
To: Watkins, Pat; Paterno, Tom; Arena, Vince; Humpage, Jim; Turnquest, Calvin
Cc: Telfrin, Debra; McWilliams, Lori
Subject: FW: 1-11 ZCTA ordinance for Rehabilitation Facility
Attachments: 1-11 ZCTA ordinance for Rehabilitation Facility.docx
Ladies and Gentlemen:
Attached please find a Ordinance 1-11, revised based on comments and direction received at the last Village
Council meeting. The yellow highlighted text is changed from the document that was adopted on First Reading.
Included in the revised text are the following:
Include "research" as an activity that cannot be funded with public dollars;
Significant revisions to the dwelling unit square footage and bedroom requirements;
Require the 24 hour on site security to include an exterior perimeter component provided by sworn law
enforcement officers, and be memorialized by a separate written agreement to the satisfaction of the Village.
Require the submittal of quarterly reports from the facility to the Village to document compliance with all
funding and occupancy requirements;
Require an impact analysis study be submitted in conjunction with the SE application, and require this study to
be updated and presented to the Village Council annually;
Require a sworn affidavit in conjunction with the annual business tax establishing compliance with all
rehabilitation facility code requirements; and
Spell out penalty provisions associated with the submittal of a false business tax affidavit, code enforcement
procedures and legal and injunctive relief.
Keith W. Davis, Esquire
������ ��
1111 Hypoluxo Road, Suite 207
Lantana, Florida 33462
Tel: (561) 586-7116
Fax: (561) 586-9611
Email ��..��� a� �:�='�R'�7c•tr��r
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delete the original message.
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��-� �.�;,,�,
ORDINANCE NO. 1-11
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. AT ARTICLE I. IN
GENERAL. SEC. 78-4. DEFINITIONS. BY CREATING AN ENTIRELY
NEW DEFINITION FOR "REHABILITATION FACILITY" AND BY
AMENDING THE DEFINITION OF "RESIDENTIAL USE"; AT
ARTICLE VL SCHEDULE OF DISTRICT REGULATIONS. SEC. 78-180
MU MIXED USE DISTRICT. BY ADDING "REHABILITATION
FACILITIES" AS A SPECIAL EXCEPTION USE, BY CREATING
CONDITIONS TO BE MET BY ALL REHABILITATION FACILITIES
AND BY LIMITING THE DENSITY FOR SUCH SPECIAL EXCEPTION
USE TO 10 UNITS PER ACRE; AND AT ARTICLE X. OFF-STREET AND
ON-STREET PARKING AND LOADING REGULATIONS. BY ADDING
"REHABILITATION FACILITIES" AS A CATEGORY AND
REQUIRING REHABILITATION FACILITIES TO PROVIDE ONE OFF
STREET PARKING SPACE PER PATIENT BED; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 78. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village of Tequesta has received a privately initiated application from
GMH Tequesta Holdings, LLC to amend the Village's zoning code text to allow rehabilitation
facilities as a special exception use in the MU Mixed use zoning district; and
WHEREAS, said application provides a definition for "rehabilitation facility" as well as
density restrictions, parking requirements and other conditions of approval that all rehabilitation
facilities would have to meet in order to receive approval to operate from the Village Council;
and
WHEREAS, the applicant has previously advertised and held a public "town hall"
meeting to discuss with the citizens of the Village its intentions to operate a rehabilitation faciliiy
in the MU Mixed use zoning district; and
WHEREAS, the applicant has met with Village staff on numerous occasions in order to
prepare its application in a manner that will serve not only its own purposes, but also those of the
Village ;and
WHEREAS, the applicant has previously met with the Village Council in a publicly
noticed workshop meeting to further discuss and refine its application; and
1
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WfIEREAS, the applicant has taken into account all the input obtained at all the
aforesaid meetings and workshops, resulting in the zoning code text amendments as set forth
herein, which the Village Council believes will be in the best interests of the Village of Tequesta,
and will promote the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article I. In General. Sec. 78-4. Definitions. by creating an entirely new
definition for "Rehabilitation facility" to be inserted alphabetically into the existing list of
definitions, and by amending the existing definition of "Residential use"; providing that these
definitions shall hereafter read as follows:
Section 78-4. Definitions
Rehabilitation facilitv means a nrivate State of Florida licensed facilitv that nrovides
rehabilitation care. The nrimarv nurroose of a rehabilitation facilitv is to nrovide treatment for
dru� and alcohol addiction and eatine disorders: however. the rehabilitation facilitv must be a
dual dia�nostic facilitv staffed and eauinned to brovide treatment for co-occurrin� disorders.
Rehabilitation facilities must nrovide a structured residential livin� environment which includes
the followin� features: 24-hour on-site securitv: 24-hour natient sunervision bv licensed_ nursin�
staff: and aualitv of life services such as swimmin� nools garden areas sbort-courts exterior
natios or sittin� areas. communitv livin� areas. meditation areas. fitness rooms. libraries.
recreation rooms. televisions, on-site food brenaration, and telenhone and internet service.
Rehabilitation facilities must nrovide short-term care treatment d extended care treatment. and
mav also nrovide follow-un treatment. Rehabilitation facilities shall not offer anv services for
individuals with a historv of violent behavior or threats to the nublic health. safetv and welfare or
the health. safetv and welfare of other natients. The followin� definitions annlv to the definition
of rehabilitation facilitv:
1. Rehabilitation care means dia�nosis and treatment for dru� and alcohol addiction
disorders. eating disorders and nhvsical, mental or emotional issues that are directiv
attributed to those disorders.
2. Private means nrivatelv owned and funded with no use of state or federal funds for
the oneration of the facilitv, research wark or care of natients.
3. Short-term care means a nrogram desi�ned for a minimum residential stav of 30
calendar davs.
4. Extended care treatment means an additional 30 to 60 calendar dav stav in residential
treatment after comnleting the initial short-term care residential treatment nro�ram.
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5. Follow-un treatment means a nro�ram designed for an additional one week stav in
residential treatment. subseauent to the nrevious comnletion of the short-term care or
extended care treatment nro�ram, and must occur at the same facilitv where short-
term care ar extended care treatment was received Follow-un treatment is for those
patients who need additional structured follow-un treatment that does not reauire the
clinical intensitv of the short term or extended care treatment nro�ram. Follow-up
treatment shall not account for more than ten nercent (10%1 of the Rehabilitation
Facilitv's natient clientele. Follow-un care can also be in the form of electronic
corresnondence or tele-conferencing, and in such cases has no limit or restrictions
re�ardin� the duration of the care._ the location of the treatment or the number of
narticinatin� natients.
Residential use means use of land or structures thereon, ar a portion thereof, as a dwelling place
for one or more families or households, includin� residential rehabilitation facilities in the MU
mixed-use district. but not otherwise including occupancy of a transient nature such as hotels,
motels, or timesharing rentals.
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article VI. Schedule of District Regulations. Sec. 78-180. MU mixed use
district. by adding "rehabilitation facilities" as a special exception use, by creating conditions to
be met by all rehabilitation facilities, and by limiting the density for such special exception use to
10 units per acre; providing that Sec. 78-180 shall hereafter read as follows:
Sec. 78-180. MU mixed-use district.
(a) Purpose. [This paragraph shall remain in full force and effect as previously enacted.]
(b) Applicability of development regulations to mixed-use development. [This paragraph shall
remain in full force and effect as previously enacted.]
(c) Conflicts with other regulations. [This paragraph shall remain in full force and effect as
previously enacted.]
(d) General requirements and special regulations. The following general requirements and
special regulations shall apply to planned mixed-use development within the mixed-use district:
(1) Location. [This paragraph shall remain in full force and effect as previously
enacted.]
(2) Configuration of site. [This paragraph shall remain in full force and effect as
previously enacted.]
(3) Unity of title. [This paragraph shall remain in full force and effect as previously
enacted.]
(4) Densiry. For the purpose of this section, if dwelling units are to be developed as part
of a proposed development within the mixed-use district, the total number of dwelling
units permitted in the mixed-use district shall be computed on the basis of 18 dwelling
units per gross acre for all residential uses, with the followin� excentions: °�°r����
ACLFs� shall be computed on the basis of 24 dwelling units per gross acre and
rehabilitation facilities shall be comnuted on the basis of 10 dwellin� units ner �ross
acre.
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(5) Building height. [This paragraph shall remain in full force and effect as previously
enacted.]
(e) Site plan review. [This paragraph shall remain in full force and effect as previously enacted.]
(� Urban design principles. [This paragraph shall remain in full force and effect as previously
enacted.]
(g) Urban design objectives. [This paragraph shall remain in full force and effect as previously
enacted.]
(h) Permitted uses. [This paragraph shall remain in full force and effect as previously enacted.]
(i) Special exception uses. Special exception uses in the mixed-use district are as follows:
(1) -(15) [These paragraphs shall remain in full force and effect as previously enacted.]
(16) Rehabilitation facilities. subiect to the following conditions:
a. Rehabilitation facilities shall be nrohibited from bein� located within one
half mile radius of another rehabilitation facilitv
All �T;��*. � �-�• �� *�� dwellin� �°;a��*:� ,:.,:„�- units .:*��
shall have a minimum of 575 sauare feet
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c. A maximum of fortv nercent (40%) of the dwellin� units shall be
�ermxtted to have two (2� bedrooms. In no case shall a dwellin� unit have more
than two (21 bedrooms. Two (21 bedroom dwellin� units shall have a minimum
of 775 sauare feet.
d. Occunant load for individuals receiv_Lr�� treatment shall not exceed the
number of bedrooms. Bedrooms shall be for in�le occu�ancv onlv Overall
densitv for a rehabilitation facilitv shall not exceed ten (10) dwellin� units ner
gross acre.
e. Dwellin� units shall be confi�ured as follows•
1. One-bedroom units, if nrovided. shall have one (11 nrivate bedroom, one
(11 t�rivate bathroom. nrivate livin� areas and a nrivate kitchen.
2. Two-bedroom units. if nrovided. shall have two (21 nrivate bedrooms. two
(21 nrivate bathrooms. common livin� areas and a common kitchen.
f. Rehabilitation facilities must be eauinned with a controlled sbace.
effectivelv screened from bublic view, for arrivals and denartures of Datients.
—
This sbace shall be lar�e enou�h to accommodate an_ambulance for transnortin�
natients in and out of the facilitv.
�. The rehabilitation facilitv shall include a backun �enerator svstem. The
svstem shall be sized for the building occunancv load and have a fuel source
sufficient to onerate the facilitv for a minimum of seven davs.
h. The rehabilitation facilitv's 24 hour on-site securitv shall include interior
natient and staff securitv, as well as nerimeter outdoor securitv. Said nerimeter
outdoar securitv shall be nrovided bvi certified _law enforcement officers, and be
memorialized bv a senarate. written aereement satisfactorv to the Villa�e.
i. The rehabilitation facilitv shall bv senarate aereement euarantee navment
to t e nrimarv fire rescue nrovider for natient ambulance transnort service.
i. The rehabilitation facilitv shall submit auarterlv renorts to the Villa�e's
Communitv Develonment Director that establish and document comnliance with
all rehabilitation facilitv fundin� and occunancv reauirements and restrictions.
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k. In coniunction with the annlication for snecial excention use the
rehabilitation facilitv shall secure an imnact analvsis studv, nerformed bv an
indenendent entitv, detailing the rehabilitation facilitv's nroiected commumtv
wide imnacts. This studv shall snecificallv address the rehabilitation facilitv's
notential economic imnact to the Villa�e. the creation and continuation of iobs.
the notential imnact on law enforcement and criminal activitv and the notential
imnact on the Villa�e's_ emer�encv medical resources. Thereafter the imnact
analvsis studv shall be undated and nresented to the Villa�e Council on an annual
basis.
1. In coniunction with the annlication for a business tax receint and the
annual renewal thereof a rehabilitation facilitv shall submit to the Villa�e in the
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form of a sworn affidavit bv the rehabilitation facilitv's le�al renresentative who
is authorized to do so. written documentation that the rehabilitation facilitv is in
comnliance with all reauirements of this section as well as the definitional
reauirements of Sec. 78-4. Should the rehabilitation facilitv's business tax receint
be issued based unon a false affidavit the Villa�e mav seek to imnose a11
nenalties allowed bv law. nursuant to Chanter 70. Article II of the Villaee Code of
Ordinances.
m. Should the rehabilitation facilitv at anv time violate anv of the
reauirements of this section_or anv of the definitional reauirements of Sec. 7R-4_
he Village mav obtain relief throu�h the code enforcement snecial maeistrate
nrocess nursuant to Chanter 2, Article IV of the Villa�e Code of Ordinances. Far
puraoses of the code enforcement snecial ma�istrate nrocess. each dav that the
rehabilitation facilitv is found to be in violation shall be considered a senarate
4ffense. In addition to the code enforcement snecial ma�istrate nrocess the
Villa�e mav seek and all relief available to it_bv law or in eauitv. includin�_ but
not limited to iniunctive relief, recoverv of monev damages, or both.
(j) Accessory uses. [This paragraph shall remain in full force and effect as previously enacted.]
(k) Planned mixed-use development required. [This paragraph shall remain in full force and
effect as previously enacted.]
(1) Prohibited uses. [This paragraph shall remain in full force and effect as previously enacted.]
(m) Properry development standards. [This paragraph shall remain in full force and effect as
previously enacted.]
Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article X. Off-Street and On-Street Parking and Loading Regulations. Sec.
78-705. Required number of parking spaces. by adding "rehabilitation facilities" as a category
and requiring rehabilitation facilities to provide one parking space per patient bed; providing
that Sec. 78-705 shall hereafter read as follows:
Sec. 78-705. Required number of parking spaces.
(1) -(32) [These paragraphs shall remain in full force and effect as previously enacted.]
�331 Rehabilitation facilities: One snace ner natient bed.
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Section 4: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 5: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 6: Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence ar word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 7: Specific authority is hereby granted to codify this Ordinance.
Section S: This Ordinance shall become effective immediately upon passage.
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