HomeMy WebLinkAboutDocumentation_Regular_Tab 08_05/12/2016 ORDINANCE NO. 7-16
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING; AT ARTICLE X. OFF-
STREET AND ON-STREET PARKING AND LOADING REGULATIONS,
SECTION 78-705, TO PROVIDE REVISED OFF-STREET PARKING
REQUIREMENTS FOR ADULT CONGREGATE LIVING FACILITIES;
AND AT ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS.
DIVISION 2. SCHEDULE OF USE REGULATIONS, SECTION 78-174, TO
PROVIDE NEW REGULATIONS FOR ADULT CONGREGATE LIVING
FACILITIES IN THE R-2 ZONING DISTRICT, INCLUDING THE
PROVI5ION OF "INDEPENDENT LIVING", "ASSISTED CARE" AND
"EXTENDED (MEMORY) CARE" COMP4NENTS, AND TO CLARIFY
DENSITY LIMITS FOR ALL LEVELS OF CARE IN AN ADULT
CONGREGATE LIVING FACILITY; 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 Council of the Village of Tequesta desires to amend the Village
Code of Ordinances at Chapter 78. Zoning, in order to provide greater uniformity for the zoning
of Adult Congregate Living Facilities throughout the Village, and to provide zoning regulations
that address independent living, assisted care and extended (memory) care components, as well
as associated off-street parking requirements; and
WHEREAS, in order to accomplish its goal, the Village Council desires to ament both
its off-street parking code as well as its R-2 "Multiple Family Dwelling" zoning district codes as
set forth in this ordinance; and
WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best
interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the
Village amend its code as set forth in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
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Section 1: 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, at
Section 78-705, to provide revised off-street parking requirements for Adult Congregate Living
Facilities; providing that Section 78-705 shall hereafter read as follows:
Sec. 78-705. — Required number of parking spaces.
Certain af these requirements may be in conflict with the special parking requirements set
forth in the property development standards for use within the MU mixed-use district. Where a
conflict exists, the property development standards of the MU district shall apply. There shall be
provided at the time of the erection of any main building or structure, or at the time that any main
bui]ding or structure is enlarged by more than 25 percent of the square footage of the existing
building or structure. or increased in capacity by adding dwelling units, guestrooms, floor area or
seats, ininimu�n oft=street motor vehicle parking space ��ith adequate provisions for ingress and
egtess by a motor vehicle, in accordance with the following:
{ l) Acicrlt con�r•egate living facilities:
a. Inclevendent livin� comn�nent ��'°�'* ^-•��T�°�R�.' 'T ���;'�",: One and one
half �e spaces for each dwelling unit e�e��.
b. Assisted cm�e comn�nerzt: One space per dwellin� unit or eauivalent.
c. Extended ca�°e c�mboner�t�' "Two spaces per four patient beds.
[THE REMAINDER OF THIS SECTION SHALL REMAIN AS PREVIOUSLY ADOPTED]
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. Division 2. Schedule of Use
Regulations, at Section 78-174, to provide new regulations for Adult Congregate Living
Facilities in the R-Z Zoning District, including the provision of "independent living", "assisted
care" and "extended (memory) care" components, and to clarify density limits for all levels of
care in an Adult Congregate Living Facility; providing that Section 78-174 shall hereafter read as
follows:
Sec. 78-174. - R-2 multiple-family dweiling district.
(a) Pzn��ose. It is the purpose and intent of the R-2 multiple-family dweiling district to provide lands
�vithin the village for a range of residential multiple-famiiy uses that should be applied within the
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medium density designated areas of the village comprehensive development plan. In no event shall
density exceed 12 dwelling units per gross acre.
(b) Perrnitted arses. Permitted uses in the R-2 district are as follows:
(1) Single-family dwellings.
(2) Two-family dwellings.
(3} Multiple-family dwellings.
(4) Places of assembly (750 square feet or less), subject to the following conditions:
a. All presentations and events shall be conducted entirely within a building.
b. Allov��ed accessory uses are: prescllool and school facilities; assembly halls, sanctuaries or
simiiar meeting rooms; community centers or felloevship halls; administrative offices
related to the facility; gift shops for merchandise related to the facility; playgrounds and
athletic fields; and rectory or similar residence for facility officials or on-site caretakers,
limited to one dwelling unit.
(c) �lccessor�� uses. Accessory uses allowed in the R-2 district are as fallows:
Private garages, swimming pools, spas and hot tubs, cabanas and saunas, greenhouses, tennis courts,
clubhouses, private docks, utility buildings, gazebos and any ather similar use deemed appropriate by the
directar of community development.
(d) Speciul exception uses. Special exception uses in the R-2 district are as follows:
(1 � Marina facilities.
(2) Public utility buildings such as water• pumping plants and electric substations; police and fire
stations.
(3) Nurseries.
(4) Private kindergartens, day care centers and schools.
(5) Publiciy owned and operated community buildiiigs.
(6j Two-family or multiple-family dwellings in e�cess of two stories or 30 feet in height to a
maximum of three stories or 35 feet.
(7) Planned residential developments (PRD) (subject to the provisions of ai�ticle VII of this
chapter).
($) Community antenna systems.
{9) Parks and recreation facilities o�vned and operated by the village.
(10) Foster care facilities, as may be required, regulated and licensed by applicable state statutes and
agencies.
(1 t) Group hoines, as may be required, regulated and licensed by applicable state statutes and
agencies.
(12) Adult congregate living facilitv ��ies (includes assisted living facilities as defined at F.S.
ch. 429}. Evidence that all regulations set forth in the state law concerning sucll facilities have
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been met must be submitted to the village prior to the issuance of a certificate of occupancy;
w.i.o ,.c, ;,� ��.,n ,.� „ „a , � :��
a. Rn adult con�re�ate livine facilitv shall contain either an assisted care facilitv or an
extended care facilitv as a component of the develon and mav also contain an
indeaendent living facilitv as a comnanent in order to be deemed an adult congre�ate
livin� facilit�
b. The minimwn site for an adult congre�a livin� facilitv shall be two acres.
c. All adult conereeate li�=ine facilities with assisted livin� and/ extended care facilities
shall vrovide sufficient staff to operate the facilitv in a broner manner as reauired bv the
minimum standards of the state denartment of health and rehabilitative service� and sh all
�rovide facilities which meet the physical recreational emotional and social life needs of
the residents of the facilitv.
d, All facilities containin� inore than one storv shall have an elevator lara�e enou�h to carr��_a
stretcher.
e. No nortable heaters or other dan�erous anoliances shall be used in such facilities.
f. All facilities shall conform to aaalicabie villaee codes and ordinances, includin� buildin�.
electric plumbing, fire orevention and state denartinent of insurance minimum fire safetv
standards for adult con�regate livi��e facilities.
�� The anolicant shall provide transportation to the facilitv in a fonn and manner acceptab(e
to the villa�e council.
h. The residence may have individual kitchen facilities in addition to the central kitchen
and/or facilitv which shall be provided for the residents of the entire adult conere�ate
livin� facilitx_Sueh_central kitchen dinin� shall provide at least two meals per clay to the
residents of the facilit�r.
i. An annlication for special excention for each such facilitv shall contain a market analvsis
�vhich demonstrates the viabilitv and nee for the facilitv to be built or established at the
p ronosed location set forth within the annlication For these �urposes the market analvsis
shall contain but not be limited to the followine determinations:
1. D eteranination of tl�e ser area of the arop facilitv
2. Determination of the service area nonulation nresent and futu
3. Statement of ne ed for all proposed levels of ca
� Maximum residential densitv far the Adult Conereeate Livin� Facilitv is 12 units ner acre.
calculated as follows:
L Indeoendent livine: Facilities coinprised of residences intended for use bv one
individual or familv Each such residence shall be eaual to one dwellin� unit for
aumoses of calculatin� densitv.
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2. Assisted care: Facilities wherein beds are rovided f or residents in a less intensive care
settin� than ettended care. but that reauires assistance where independent living is not
possible since these residents are less mobile and less active than those in an
indenendent (ivine dwellin� unit__ Two_�oint Three Nine_�2391 nersons in the assisted
care comnonent shall eaual one dwellin� unit for nurnoses of calculatine densitv.
3. Extended care: Facilities wherein beds are provided for residents in the nature of a
nursine, memorv care or convalescent home. Four (41 nersons in the extended care
component shall eaual one dwellin� unit for nurposes of calculatin� densitv.
k. The adult con�re�ate livin� facilitv shall, bv senarate agreement, �uarantee pavment to the
primaiy fire rescue provider for� patient ambulance transport service.
l. All facilities s hall be e ui ed with an e mer enc backu enerator s stem The s�ti stem
shall be of sufficient size and �ower for the facilitv's maximum occuaancv load and shall
have a fuel source sufficien to operate the facilit�'_for a minimum_of seyen da�
(13) Places of asseulbiy (765 square feet or more), subject to the following conditions:
a. All presentations and events shall be conducted entirely within a building.
b. Allowed accessory uses are: preschoal and school facilities; assembly halls, sanctuaries or
similar meeting rooms; cominunity centers or fellowship halls; administrative offices
related to the facility; gift shops for merchandise related to the facility; playgrounds and
athletic fields; and rectory or siinilar residence for facility officials or on-site caretakers,
limited ta one dwelling unit.
(e) �'f•ol�ibited afs�s and stt•zrctz�res. The following uses and sh•uctures are prohibited in the R-2 district:
Any use or structure not specifically or by reasonable implication permitted in this section as a permitted
use, accessory use or permissible by special exception.
Section 3: Each and every other Section and Subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously adopted.
Section 4: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 5: 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 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall take effect immediately upon passage.
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