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ORDINANCE NU. 22•13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE 4F
TEQUESTA, FLORIDA, AMENDING THE VII,LAGE CODE OF
ORDINANCES AT CHAPTER �8. ZONING. ARTICLE L IN GENERAL.
SEC. 78-4. DEFINITIONS. BY AMENDING THE DEFINITION FOR
�REHABILITATION FACILITY" TO PROVIDE FOR THE LnVIITED
PROVISION OF OUTPATIENT TREATMENT, AND THE LIMTTED
COLLECTION OF INSURANCE PAYMENTS FOR PATIENT CARE;
Al�TI? BY AMENDING ARTICLE VI. SCHEDULE UF DISTRICT
REGULATIONS. SEC. 7&180(ixl� MU MIXED USE DISTRICT.
SPECIAL EXCEPTION USES. REHABILITATION FACILITIES. TO
REQUIRE BOTH MONTHLY REPORTS AND AN ANNUAL
INDEPENDENT AUDiT BE PROVIDED TO THE VILLAGE
REGAR.DING COMPLIANCE WITH FUNDING, OCCUPANCY AND
TREATMENT REQUTREMENTS; AND AT ARTICLE X. OFF-STREET
AND OlY-STREET PARKING AND LOADING REGULATIONS. BY
INCREASING THE PARKIlYG REQUIREMENTS FOR
REHABILITATION FACILITIES TAA.T PROVIDE OUTPATIENT
TREATMENT; PROYIDING THAT EACH AND EVERY OTHER
SECTIUN AND SUBSECTION OF CHAPTER 78. SHALL REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFLICTS CLAUSE, A SEti'�RABII,ITY CLAUSE AND
AUTHORITY TO CODiFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, tb.e Village of Tequesta. has received a privateiy initiated application from
GMH Teqnesta. Holdings, LLC to amend the Village's zoning code text to allow rehabilitation
facilities to provide limited outpatient treatrnent and to allow the limited collection of insurance
payments for patient care; and
WHEREAS, sa.id application provides for both monthly reports and an annual
independent audit to be made to the Village regarding compliance wi#h funding, occupancy and
treatment requirements, and also provides additional off-street parking requirements for
rehabilitation facilities that provide outpatien� treatment; and
� WHEREAS, the applicant has previously provided informational presentations at Village
Council meetings and workshops; and
WHEREAS, the applicant has met with Village staf� in order to prepare its application in
a manner that wili serve not only its own purposes, but alsa those of the Village; and
WHEREAS, the applicant has taken into account all the input obtained at a11 the
aforesaid meetings and workshaps, resultuig in the zoning code text amendments as sct forth
herein, which the Village Council believes will be in the best interests of the Viltage 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, FLORID!A, AS FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby an�ended. at Article I. In General. Sec. 78-4. Definitions. by amending the definition far
"Rehabilitation facility" ta provide for limited outpatient txeaiment and to pravide for limited
inswrance billing for patient care; providing that t1�is definition shall hereafter read as follows:
Section 7$-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 pzimary purpose of a
rehabiiitation facility is to provide treatment for drug aad alcohol addiction and eating disorders;
however, the rehabilitation facility must be a dual diagnostac facility staffed and equipped to
provide treatment for co-occurring disorders. Rehabilitation facilities rnay also provide
programs that promote health, weliness and overall lifesryle enhancements for their residents.
Rehabilitation facilifies must provide a structured residential living environment which includes
the following features: 24-hour on-site secarity; 24-hour patient supervision by licez�sed nursing
staff; and qualiiy of life services such as swimming poois, gazden amas, sport-caurts, exterior
patios or sitting areas, community living areas, meditation areas, fitness rooms, libraries,
recreation rooms, televisions, on-site faod prepara.tion, and telephone and internet service.
Rehabilitation faciiities must provide rehabilitation care bv means o short-term care treatment
and extended care treatment �;s need �, and may also provide follow up treatment and outaatient
treatrnent to current residential na�ients of the Rehabilitation f.�cilitv as w ell as a imited nLmber
af non-residential natients who have at a minimutn successfiillv comnleted short term care
ent at the Reh ' itatiop�. Rehabilitation facilities shall not affer any services for
individuais with a histary of vialent behavior or threats to the gublic health, safety and welfare ar
the health, safety and welfare of other patients. The following definitions apply to the definition
of rehabilitation facility:
I. Rehabititation care means diagnosis and treaLment for drug and alcohol addiction
disorders, eating disorders and physicai, behavioral, mental or emotional issues that
are d.irectly attributed to those disorders. Rehabilitation caze does not include
emergency or medical deto�ification, which is specifically considered a prohibited
use. Should a rehabilitation facility patient r�uire emergency or medieal
deto '�f'ieation, this must be completed at aa off-site facility priar to beginning
rehabilitation care.
2. Private mearis privateiy owned and funded with no use of state or federal(including
Medicare or Medicaid) fiYnds for the operation of the facility, the treatment of
patients, or research work that would require the acceptanee and treatment of
federally or state funded patients. Private also means that the �ehabilitation facility
shall not accept third party �g navments or reimbursements from health
maintenance organization�s. or from ure-ne,�.ott'� in-network ins�c nlans for
patient care. Partial �.�y�nents from out-0f-network ins ce nlans mav �c� t�.e�.
bv the Rehal�ili�on fa�'�l_i#v for �atient c�re sa lan� as such �_�2avments are not
���otiated reduced amount m+eant to constitute fiL navment for Rehabilitation
�
3. Short-term care means a program designed for a minimwn residential stay of 30
calendar days.
4. Extended care treatment means an additional 30 to b0 calendar day stay in residential
treatment after completing the initiat short-term care residential treatrnent program.
5. Fodlow-up treatment means a program designed for an ac3ditional one week stay in
residential treatrnent, subsequent to the previous campletion of the �hort-term care or
�xtended care treatment program, and must occur at the same facility where �hort-
term care or �tended care tr�atment was z�eceived. Follow up treatmen# is for thase
patients who need additional structured follow up treatment that does not require the
clinical intensity of the �hort term or �� care treatrnent program. t anv given
'� Follow up treatment sha11 not account for more than ten percent (10%} of the
Rehabilitation �acility's patient clienteie. Follow up � sa�e can also be in the
form of electronic correspondence oz. tele-conferencing, and in such cases has no limit
or restrictions regazding the dura#ion of the care, the location of the treatment or the
number of participating patients.
6. Ou. tnatient treatment means a re��,n of tmtrea ent tbat mav include anv ar all of the
ollowin� services- �rou co unseling ittdivid counseli relanse nreventi
caunselin�. and educationat lect�ures. Outuatient treahne�rt mav be offered at the
fgllowin� levels• "Dav o���ight with Communitv Housine" which �nrovides a
minimum o� 25 h of s ervices ner natient ner week: "Dav or N�ht" whic
nmvides 12-24 hours of services ner nati�nt ner v�!eek. "Intensive Outnatien�" wluch
�rovides 9-11 hours of 5ervices uer natient ner ureek• and "Outpatient" which
- provicics less thgn_ 9 hours of cervices ner nati.ent_ week. At anv �iven time.
Clutoatient treatrnent mav onlv be nr�vided to a maximt� number of non residential
��t'ents ea�valent to five nercent (5%1 of the R habilitation fac'Ltv's cu�ri�nt Sho
� care E�ended care and residential F llo ow un treatment clientele Outnatient
treatment services can also be nrovided o the Rehabi itation facititv's n�atients who
.�e currentiv receivin� Short-term care. Extended care o�residenrial Follow-un
� in �uch cases tlte number ��articinating natients is anlv imi�P� bv �e
Reh 'litaxion facilitv's residential occunancv 1'mits as set forth at Sec 78-180(ilf lbl
7. Emergency or medieal detox�cation means the elimination of toxins such as alcohol
ar controlled substances from tlie body of izidividuals who require acute care and/or
may have serious health risks as a result af their substance abuse. Medical or
emergency detoxifica�ion is performed under the direct supervision of inedical
doctors and medical suppart s#aff, and may include the administration of inedication
or �anquilizers in order to ease the withdrawal process. Emergencg or medical
• det��fi�.s�tinn ic a��bi�� �� it� a Rehab �l�f�tlOri FaCl 1tV
Seetion 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. 78-18Q(i)(16). MU
miaced use district. Rehabili#ation facilities; by amending the requirements of this special
exception use to require that monthly reports and an annual independent audit be provided to the
Village regarding funding r�uirements and the provision of both residential care and outpatient
irea.tanent; providing that Sec. 78-180(ixl6) shall hereafter zead as follows:
Scc. 7&18{I. MU miged-use d�trict
(i) Special exception uses. Special exception uses iu the mixed use district are as foliows:
�1) -�15) [These Pa�'agraPhs shall remain in full force and effect as previously enacted.]
{ld) Rehabalitation facidities, subject to the following canditions:
a. Rehabilitation facilities shall be prohibited from being located within a
one half mile radius of another rehabilitation facility.
b. Atinety percent of the dwelling units shall have a minimum of 575 square
feet. The remaining ten percent of the dwelling units may have a minimum of
500 square feet.
c. A maacimum of forty percent (40%) of the dwelling ianits shali be
permitted to have two (2) bedronms. In no case shall a dwelling wut have more
than two (2) bedrooms. Two (2) bedroom dwelling units sha11 have a minimum
of 754 square fee� -
d. Occupant load for individuals receiving treatment shall nat exceed the
number of bedrooms. Bedrooms and studio dwelling units shall be for single
occupancy only. Ov�rall density for a rehabilita.tion facility shali not exceed eight
(8) dweiling units per gross acre.
e. Dwelling wuts shall be canfigured as follows:
1. Studio units, if provided, shali have a one (1) combination bedroom/living
area/ kitchen, and a private bathroom.
2. One-bedroom units, if provided, sha11 have one (1) private bedroom, one
(1) private bathroom, private living areas and a private kitchen.
3, Two-bedroom units, if provided, shall ha.ve two (2} private bedmoms, two
(2) private bathrooms, common living areas and a common kitchen.
f. Dwelling units shall not have separate individual mailing addresses.
Rather, the rehabilitatian facility shall maintain one master address which all
residents shall reside under during their stay at the rehabilitation facility.
g. Rehabilitation facili�ies must be equipped with a controlled space,
ef�ectively screened from public view, for azrivais and deparhares of patients.
This space sha11 be lazge enough to accommodate an ambulance for transporting
patients in and out of the facility.
h Rehabilitation facilities shall be surrounded on all sides by a fence or wall
located as close to the pro�rty lines as is practical. The fence or wall shall be a
minimum of su� (fi} feet in height but may be as high as ten (10) feet, measured
from finished gr�de, in order to ensure privacy for both rehabili#ation facility
patients and for Village residents. The fence or wall shall be constructed in such a
manner as to compliment and accentuate the principal structures of the
rehabilitation facility. Both the interior and exteriar sides of the fence or wall
sha11 be landscaped in accordance with th.e principles set forth at Sec. 22-84 of the
Village Code of Ordinances. If a fence, wall or hedge is located on a corner lot or
a double frontage lot, a vehicular and pedestrian visibility triangle of a size and
diznension which complies with current traffic engineering standards of the
American Associatian of State Highway and Transportation Of�icials (AASHT(3)
and the county sha.11 be provided in both directions from the intersection point of
the praperty lines.
i. The rehabilitation facility sha11 include a backup generator system. The
system shali be sized for the buiiding occupancy load and have a fuel source
sufficient to operate the facility for a minimum of seven days.
� j. The rehabilitation facility sha11 by separa.te agreement guarantee paymen�
to the prinnary fire rescue provider for patient ambulance transport service..
k. In conjunction with the application for special exception use, the
rehabilitation facility sha11 subrnit a security plan that includes patient off-site
visits. The se,�urity plan shall be approved by the Village Council with input from
the Chief of Police.
1. The rehabilitation facility shatl_ throush_its _Iegal cow�el or cornorate
Q�� submit montlilv �a�g reports to the Village�'s Community
Development Director no lat� ha he 15�' dav af the mon that establish and
document e nrevious month's compliance with all rehat>ilitation facility funding
reauirements � as well as occupancy an��rt��rnent requirements and
restric�ions ��vith an emnhasis on the ra#io of the number of natients receivin�
outx�atient treatment to the number of �atients receivin� short term and extended
services Additionaliv the rehabilitation facilitv shall nrovid the �illa�e
M� �er with an annual indenendent audit documentin� co mnliance with those
—_ _---- _ -- -
re�, � ments and restrictions during the nrevious calendar vear no Iater than June
30 of ��h veaz.
m. In conjunction with the applica.tion 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.
rn addition, tbe study should address the proposed rehabilitation facility's impact
on the quality of life for neighboring properties and the Viliage as a whole.
n. In conjunction with the application for a business tax receipt and the
annual renewal thereof, a rehabilitation facility shali submit to the Village, in the
form of a sworn affidavit by tlie rehabilitation facility's legal representative who
is authorized to do so, written documentation that the rehabiiitation facility is in
compliance with ail requirements of this section as well as the definitional
requirements of Sec. 78-4. Should the rehabilitation facility's bnsiness tax receipt
be issued based upon a false affida.vit, the Village may seek to impose a11 -
penalties allowed by law, purst�ant to Chapter 70, Article II of the Village Code of
Ordinances.
o. Should the rehabilitation facility at any time violate any of the
requirements of this section or any of the definitional requirements af Sec. 78-4,
the Village may obtain relief through the code enforcement special magistrate
process pursuant to Chapter 2, Article N of the Village Code of Ordinances. For
purposes of the code enforcement s�cial magistrate process, each day that the
rehabilitation facility is found to be in violation shall be cansidered a separa.te
offense. In addition tn the code enforcement special magis�rate process, the
Village may seek any and all relief available to it by Iaw or in equity, inciuding,
but not limited to injunctive relie� necovery of maney damages, or both.
Section 3: Chapter 78. Zoning. of the Cc>de of Ordinances of the Village of Tequesta
is hereby amended at Article X. Off-Street and On-Street Pazking and Loading Regulations. Sec.
78-705. Required numlxr of parking spaces. by amending the "rehabilitation facilities" category
to provide for addition.al parking for the provision of outpatient treatment; providiug that Sec.
'1&705(33} shall hereafter read as follows:
Sec. 7&705. Reqnired number of p�rking spaces.
(33) Rehabilitation facilities: One space per patient bed. In addition. rehabilitation facilities
nrovide outoatient trea�ment to non residential natie�..ts sl�all rnovide an additional number of
u�r�_snac�s ec�uivalent to 5% af the narkin� snaces re�uired to be nravatded based on natient
b_�s,_
Section 4: Each and every other Section and Subsection of Chapter 78. Zoning. shall
remain in fiill force and effect as previously adopted
Section 5: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed. .
Seetion 6: Should any sectian or provision of this �rd.inance 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: Speeific authozity is hereby granted to codify this Ordina$ce.
Seetion 8. This Ordinance shall take effect immediately upon passage.