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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 KRESIDENTIAL USE"; AT
ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS. SEC. 7&180
MU MIXED USE DISTRICT. BY ADDING KREHABILITATION
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 FACILTTIES 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 rehabilita.tion
facilities as a special exception use in the MLT 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 MiJ 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 warkshops, 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 for natients vuho are ei�l�teen .�ga�r� of a�e or older The nrimarv nuroose of a
rehabilitation facilitv is to nrovide treatment for dru� and_alcohol addiction and eatin� disorders:
however. the rehabilitation facilitv must be a dual diagnostic facilitv staffed and eauinned to
nrovide treatment for co-occumn� disorders. Rehabilitation facilities must nrovide a structured
residential livine 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
swimmine bools, �arden areas, snort-courts,_exterior patios or sittin� areas, communitv livin�
areas, meditation areas. fitness rooms. libraries. recreation rooms. televisions, on-site food
prenaration. and telenhone and internet service. Rehabilitation facilities must nrovide short-term
care treatment and 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
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other natients. The followin� definitions annlv to_the_definition of rehabilztation facilitv:
1. Rehabilitation care means dia�nosis and treatment for d�_ and alcohol addiction
disorders. eatin� disorders and phvsica mental or emotional issues that are directiv
attributed to those disorder Rehabilitation care does not include emer�encv ar
medical detoxification which is snecificallv considered a t�rohibited use Should a
rehabilitation facilitv natient reauire emer�encv or medical detoxification this must
e comnleted at an off-site facilitv nrior to be�innin� rehabilitaxion care.
2. Privute_ nleans privatelv owned and funded wi tl� no use o�f stat � r federal (includin�
Medicare or Medicaidl funds for the oneration of the facilitv, the treatment of
patients. or research work that would reauire the accentance an_d trea ent of
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f erallv or state funded natients Private also means that the rehabilitation facilitv
shall not accent third nartv billing for natient care.
3. Short-term care means a nro�ram desi�ned for a minimum residential stav of 30
calendar davs.
4. Ext nded care treatment means an additional 30 to 60 calendar dav stav in residential
treatment after comnletin� the initial short-term care residential treatment nro�ram.
5. Follow-un treatment means a nro�ram desiened for a�n additional one week stav in
residential treatment, subseauent to the nrevious combletio of the short-term care or
extended care treatment nro�ram, and must occur at the same facilitv where short-
term care or extended care treatment wa received Follow-un treatment is for those
vatients 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-un
treatment shall not account for more than ten nercent (10%1 of the Rehabilitation
Facilitv's natient clientele FQllow-un care can also be in the form of electronic
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correst�ondence or tele-conferencin�, and in such cases has no limit or restrictions
re�ardin� the duration of the care. the location of the treatment ar the number of
�arti�in� patients.
6. mergencv or medical detoxific�rtion means the elimination of toxins such as alcohol
or controlled substances from the bodv of individuals who reauire acute care andlor
mav have serious heaith risks as a result of their substance a Medic or
emergencv detoxification is nerformed under the direct sunervision of inedical
doctors and medical supnort staff. and mav include the administration of inedication
or tranauilizers in order to ease the withdrawal nrocess
Residential use means use of land or structures thereon, or 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 iransient nature such as hotels, I
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 I
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be met by all rehabilitation facilities, and by limiting the density for such special exception use to I
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10 units per acre; providing that Sec. 78-180 shall hereafter read as follows: '�
Sec. 78-180. MU mixed-use district. i
(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.] I
(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:
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(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
units per gross acre for all residential uses, with the followin� excentions: °°^°���
ACLFs�#ie� shall be computed on the basis of 24 dwelling units per gross acre; and
rehabilitation facilities shall be comnuted on the basis of 10 dwelling units ner �ross
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.]
(� Urban design principles. [This paragraph shall remain in full force and effect as previously ,
enacted.] I
(g) Urban design objectives. [This paragraph shall remain in full force and effect as previously I
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 fotlows:
(1) -(15) [These paragraphs shall remain in full force and effect as previously enacted.]
�16) Rehabilitation facilities_ subiect to the followin� conditions:
a. Rehabilitation facilities shall be nrohibited from bein� located within a
one half mile radius of another rehabilitation facilitv.
b. Ninetv nercent of the dwellin� res��*��'a� units shall have a
minimum of 575 sauare feet. The remainin� ten nercent of the dwellin� ���
units mav s�l� have a minimum of 500 sauare feet
c A maximum of fortv �ercent (40%1 of the dwellin� units shall be
permitted to have two (2) hedrooms. In no case shall a dwelling unit have more
than two (2) bedrooms. Two (21 bedroom dwellin� units sha11 have a minimum
of 750 square feet.
d. Occunant load for individuals receivin� treatment shall not exceed the
number of bedrooms Bedrooms and studio dw ellins units shall be for sin�le
occunancv onlv. Overall densitv far a rehabilitation facilitv shall not exceed ten
101 dwellin� units per �ross acre. I
e. Dwellin� units shall be confi�ured as follows:
l. Studio units. if nrovided. shall have a one (11 combination be oom/livin� I
area/ kitchen. and a nrivate bathroom. '
One-bedroom units. if nrovided, shall have one (11 nrivate bedroom. one
(11 nrivate bathroom. nrivate livin� areas and a brivate kitchen.
3 Two-bedroom units. if nrovided, shall have two (21 nrivate bedrooms. two
�21 vrivate bathrooms, common livin� areas and a common kitchen.
f. Rehabilitation facilities must be eauinbed with a controlled snace,
ffectivelv screened froin aublic view for arrivals and denartures of natients.
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This snace shall be large enou�h to accommodate an ambulance for transnorting
patients in and out of the facilitv.
g. The rehabilitation facilitv shall include a backun �enerator svstem The
svstem shall be sized far the buildin� occunancv load and have a fuel source
sufficient to onerate the facilitv for a minimum of seven davs.
h. The rehabilitation facilitv shall bv senarate a�reement �uarantee navment
to the nrimarv fire rescue nrovider for natient ambulance transnort service
i. In coniunction with the annlication for snecial excebtion use, the
rehabilitation facilitv shall submit a securitv nlan that includes vatient off-site
visits. The securitv nlan shall be anproved bv the Villa�e Council with innut from
the Chief of Police.
i. The rehabilitation facilitv shall submit c�uarterlv renorts to the Villa�e's
Communitv Develonment Director that establish and document comnlia�ce with
all rehabilitation facilitv fundin� and occupancv reauirements and restriction�
k. In coniunction with the annlication for snecial excention use the Villa e
mav. at its discretion. secure an i mnact analvsis studv nerformed bv an
indenendent entitv detailin� the nronosed rehabilitation facilitv's nroi
communitv wide imnacts This studv if nrenared 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 Village's emer�encv medical resources.
In addition. the studv should address the nronosed rehabilitation facilitv's imnact
o he aualitv of life for nei�hborin� nronerties and the Village as a whole.
l. In coniunction with the annlication for a business tax receint and the
nnual renewal thereof. a rehabilitation facilitv shall submit to the Villa�e, in the
form of a sworn affidavit bv the rehabilitaxion facilitv's le�al renresentative who
is authorized to do so, written documentation that the rehabilitation facilitv is in
comnliance with all reQ uirements of this section as well as the d
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 all
nenalties allowed bv law. pursuant to Chanter 70. Article II of the Village Code of
Ordinances.
m. Should the rehabilitation facilitv at anv time violate anv of tl�
reauirements of this section or anv of the definitional reauirements of Sec 78-4
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the Villa�e mav obtain relief throu�h the__code enforcement snecial ma�istrate
nrocess nursuant to Chanter 2. Article IV of the Villa�e Code of Ordinances. For
nurooses of the code enforcement snecial maeistrate nrocess, each dav that the
r habilitation facilitv is found to be in violatio sha be consid a senarate
offense. In addition to the code enforcement snecial magistrate nrocess the
Villa�e mav seek anv and all relief available to it bv law or in eauitv_ including_
but not limited to iniunctive relief, recoverv of monev dama�es. 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.]
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(m) Property development standards. [This paragraph shall remain in full force and effect as I
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 par'ng spaces. I �
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(1) -(32) [These paragraphs shall remain in full force and effect as previously enacted.]
(33) Rehabilitation facilities: One snace per batient bed.
Section 4: Each and every other section and subsection of Chapter 78. Zoning. shall �I
remain in full force and effect as previously enacted. I �
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 or word be declared by a Court of competent jurisdiction to be invalid, I
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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