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ORDINANCE NO. 7-16
AN ORDINANCE OF THE VILLAGE COUNCIL OF T�IE VILLAGE OF
TEQUESTA, FLORIDA, AMENI)ING 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 PARHING
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
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 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 Tec�uesta 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. —12equired number of parking spaces.
Certain of these requirements may be in conflict with the special parlcing 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
building 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, minimum off-street motor vehicle parlcing space with adequate provisions for ingress and
egress by a motor vehicle, in accordance with the following:
(1) Adult cong�egate living facilities:
a. Indenendent livin�coynnonent : One and one
half � spaces for each dwelling unit ��z,-��.
b. Assisted ca�e cosn onent• One snace ber dwellin� unit or eauivalent
c. Extended caNe conZnonent��: Two spaces per four patient beds.
[THE REMAINDER OF THIS SECTION SHALL REMA.IN 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-2 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 dwelling district.
(a) Purpose. It is the purpose and intent of the R-2 multiple-family dwelling district to provide lands
within the village for a range of residential multiple-family 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) Permitted uses. Pennitted 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. Allowed accessory uses are: preschool and school facilities; assembly halls, sanctuaries or
similar meeting rooms; community 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 similar residence for facility officials or on-site caretakers,
limited to one dwelling unit.
(c) Accessory uses. Accessory uses allo�ved in the R-2 district are as follows:
Private garages, swimming pools, spas and hot tubs, cabanas and saunas, greenhouses, tennis courts,
clubhouses, private docks, utility buildings, gazebos and any other similar use deemed appropriate by the
director of cornmunity development.
(d) Special 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 lcindergartens, day care centers and schools.
(5) Publicly owned and operated community buildings.
(6) Two-family or multiple-family dwellings in excess 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 article VII of this
chapter).
(8) Community antenna systems.
(9) Parks and recreation facilities owned and operated by the village.
(10) Foster care facilities, as may be required, regulated and licensed by applicable state statutes and
agencies.
(11) Group homes, as may be required, regulated and licensed by applicable state statutes and
agencies.
(12) Adult congregate living facili ��� (includes assisted living facilities as defined at F.S.
ch. 429). Evidence that all regulations set forth in the state law concerning such facilities have
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been met must be submitted to the village prior to the issuance of a certificate of occupancy;
fl�'t�txn�ixn--nnmhar n � '+ l 17 + „ ,,,7 � 7 . „:..,, _
a. An adult c nereeate livine facili hall contain either an assisted care facilitv or an
extended care facilitv a a comnonent of the dPVPinnmPnr a„� mav alen rnntain ar
inde endent livin� facilitv as a combonent in order to be deemed an adult con re�ate
livin� facilitv.
b. The minimum site for an adult con�re�ate livin� facilitv shall be two acres
c. All adult _ conere�ate livine facilities with a sisted livin� and/or extended care facilitie
shall nrovide sufficient staff to onerate the facilitv in a oroner manner as reauired bv the
mini um standaxds of the state denartment of health and rehabilitative �ervices and shall
�rovide facilities which meet the nhvsical recreation emotional and social life needs of
the residents of the facili
d. All facilities containine more than one storv shall have an elevator lar e enou h to carrv a
stretcher.
e. No ortable heaters or other dan�erous anpliances shall be used in such facilities
f. All facilities shall conform to anblicable villa e codes and ordinances includin buildine
electric. nlumbin� fire nrevention and state debartment of insurance minimum fire safetv
standards for adult con re�ate livine facilitie
� The annlicant shall provide ansnortation to the facilitv in a form and m ner accentable
to the villa�e council
h. The residence av have individual kitchen facilities in addition to the central lcitchen
and/or facilitv which shall be nrovided for the re�idents of the entire adult con�re�ate
ivine facilitv. Such central kitchen dinin� shall nrovide at lea t two meals ner dav to the
residents of the facilitv
i. An abnlication for snecial excebtion for each such facilitv shall contain a market analvsis
which demonstrates the viabilitv and need for the facilitv to be built or established at the
probosed location set forth within the anblication For these nurposes the market analvsis
shall contain but not be limited to the followin determinati
1. Determination of the ervice area of the nronosed facili
2. Deternunation of the ervice rea bonulation nresent and future
� Statement of need for all brobo ed levels of care
� Maximum residential den itv for the Adult Con�re�ate Livin� Facilitv i� i � nnitc nar arra
calculated as follows•
1. Indenendent livine: Facilities comnrised of residences intended for u e bv one
individual or familv Each such residence shall be eaual to one dwellin� unit for
urooses of calculatin� densitv.
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2. Assisted care: Facilities wherein bed are orovided for resident� in a �PCC lnianciva
�ettine than extended care but that reauires assistance where indenendent liv is not
possible since these re�irlPntc arP tPC� ,„ �,•i ,a r ,
• �.iu i��� a��ivc �nan mose m an
indenendent livin� dwelfin� unit Two noint Three Nine (2 391 net• ons in the assisted
care combonent shall eaual one dwellin2 unit for nuirooses of calculatine densitv
3. Extended care: Facilities wherein beds are nrovided for residents in the nature of a
nursin� memorv care or convalescent home Four (41 nersons in the extended care
com�onent shall eaual one dwellin� unit for nuraoses of calculatin� densitv
k. The adult con re�ate livine facilitv hall bv senarate a�reement �uarantee navment to the
nrimarv fire rescue nrovider for natient ambulance ransnort service
1. All facilities shall be eauinned with an emProP„�� ha�i��,,, nAn + � T,�
vi ovo�c111 L11G VJICIIl
shall be of sufficient size and nower for the facilitv'a r„aX;,,,,,,,, nrroir�an i,a ,� �. „
---- - -------••.,•... . .. , . , . , ... w. ..v .vuu atiu J11[Lll
have a fuel source sufficient to onerate the facilitv fc,r a m;n;,,-,,,,,-, �f �Pt,P„ ,a
- --- -- "--'---����.. v� vv v vAi uuvJ.
(13) Places of assembly (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: preschool and school facilities; assembly halls, sanctuaries or
similar meeting rooms; community centers or fellowship halls; administrative offices
related to the facility; gift shops for merchandise related to the faciliiy; playgrounds and
athletic fields; and rectory or similar residence for facility officials or on-site caretakers,
limited to one dwelling unit.
(e) Prohibited uses and strz�ctuNes. The following uses and structures are prohibited in the R-2 district:
Any use or structure not specifically or by i•easonable implication petmitted in this section as a permitted
use, accessory use or permissible by special exception.
Sect_ ion 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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