2015-10 Code Amendment - Land Development Regulations for Assisted Living FacilitiesORDINANCE NO. 2015 -10
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA AMENDING APPENDIX C (CHAPTER 45),
"ZONING," OF THE VILLAGE CODE OF ORDINANCES TO ADOPT
REGULATIONS APPLICABLE TO ASSISTED LIVING FACILITIES;
AMENDING SECTION 45 -2, "DEFINITIONS," OF ARTICLE I, "IN GENERAL,"
TO ADD A DEFINITION FOR ASSISTED LIVING FACILITY; AMENDING
SECTION 45 -32, "C-IA LIMITED COMMERCIAL DISTRICT," OF ARTICLE III,
"DISTRICT REGULATIONS," TO ADD ASSISTED LIVING FACILITIES AS A
PERMITTED USE AND PROVIDE DEVELOPMENT REGULATIONS FOR SUCH
FACILITIES; AMENDING SECTION 45 -35.1, "PLANNED UNIT DEVELOPMENT,"
OF ARTICLE III, "DISTRICT REGULATIONS," TO ALLOW APPLICANTS FOR
ASSISTED LIVING FACILITIES TO REQUEST A WAIVER OF OFF - STREET
PARKING AND MINIMUM DWELLING UNIT SIZE REQUIREMENTS WHERE
JUSTIFIED; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village recently amended Policy 1.B.3 of the Future Land Use Element
of the Village Comprehensive Plan to provide for Assisted Living Facilities approved as
commercial planned unit developments; and
WHEREAS, the Village Council wishes to adopt land development regulations to
implement the Comprehensive Plan and provide for Assisted Living Facilities as commercial
planned unit developments within the Village's C1 -A Limited Commercial Zoning District; and
WHEREAS, on April 14, 2015, the Village Planning Commission, sitting as the
Local Planning Agency, determined that the proposed land development regulations were
consistent with the Village Comprehensive Plan; and
WHEREAS, the Village Council, having conducted duly advertised public hearings and
given this matter due consideration, determines that the adoption of this Ordinance is the best
interests of the public health, safety and welfare of the residents and citizens of the Village of
North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing "whereas" clauses are hereby ratified as true and are incorporated herein.
Section 2. The Village Council hereby amends Article I, "In General," of Appendix C
(Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45 -2,
"Definitions," to read as follows (additional language underlined and deleted language stfie-ken &ou&):
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Sec. 45 -2. Definitions.
For the purposes of this chapter, certain words and terms are defined as follows:
Assisted Living Facility means a facility licensed by the agency for health
care administration which provides housing meals and personal care and services
to adults for a period exceeding twenty -four 24) hours as defined ins 429 02 F S
as amended.
Section 3. The Village Council hereby amends Article III, "District Regulations," of
Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45 -32,
"C-IA limited commercial district," to read as follows (additional language underlined and
deleted language sken thfough):
Sec. 45 -32. - C -IA limited commercial district.
A. Uses permitted. Within any C -IA limited commercial district,
no building, structure, land or water shall be used, except for one (1) or more of
the following uses:
9. Assisted living facilities approved as a commercial planned unit
development.
B. Building height regulations. No main building shall exceed two (2)
stories or thirty (30) feet in height at the required front, rear and side building lines.
For structures in excess of two (2) stories in height, five (5) feet shall be added to
the required front, rear and side yards for each story added to the building in excess
of two (2). No main building, however, shall occupy more than thirty -five (35) percent
of the site area so required.
C. Building site area regulations.
1. For single- and multiple - family dwelling structures, the same as
required in the R -1 and R -3 districts, respectively.
2. For assisted livini facilities, a minimum of one (1 ) acre.
E. Off - street parking regulations
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7. No parking shall be permitted in the first ten (10) feet of the
required front yard depth, measured from the front property line.
The restriction against parking in the first ten (10) feet of the
required front yard depth measured from the front property line
shall not apply to those properties which have complied in full
with the landscaping provisions of chapter 41 -16 through 41 -25
[chapter 27, article III], both inclusive.
Each convalescent hospital and nursing home shall be provided
with one (1) parking space measuring at least nine (9) feet by
eighteen (18) feet (one hundred sixty -two (162) square feet) for
each six (6) beds in the establishment, plus one (1) parking space
for each three hundred (300) square feet of administrative and
service area within the building (kitchen, service halls, chapel,
dining room, lounge, visiting areas and treatment rooms).
Each assisted living facility shall be provided with one (1) arking
space measuring at least nine (_9 ) feet by eighteen (18) feet
(one hundred six -two (162 )square feet) for each residential living
area or two (2) beds whichever is greater, plus one (1) parkin space
for each three hundred (300) square feet of administrative and
service area within the building (kitchen, service halls cha ell
dining room, lounge, visiting areas and treatment rooms).
F. Floor area regulations.
1. In multiple - family dwelling structures, each dwelling unit having
one (1) bedroom shall have a minimum floor area of seven hundred fifty
(750) square feet. An additional one hundred fifty (150) square feet
of floor area shall be required for each additional bedroom provided.
2. In time -share structures, each dwelling unit having one (1) bedroom
shall have a minimum floor area of seven hundred fifty (750)
square feet; an additional one hundred fifty (150) square feet of
floor area shall be required for each additional bedroom provided.
3. In assisted living facilities, each residential living area containin
one (1) bed shall have a minimum floor area of one hundred fifty
(150) square feet. An additional one hundred (100) square feet of
floor area shall be required for each additional bed provided within
the same residential living area. The maximum number of beds
allowed in an assisted living facility acility shall be determined by
multiplying the gross acreage of the site by 47.28 beds per acre.
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Section 4. The Village Council hereby amends Article III, "District Regulations," of
Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45 -35.1,
"Planned unit development," to read as follows (additional language underlined and deleted
language str-i ke +h,.,,,,g ):
Sec. 45 -35.1. Planned unit development.
II. Filing of application.
A. Any person may file an application with the village council for
minor modifications of the provisions of this chapter. This application
shall contain at least the following:
8. All dwelling unit sizes, parking criteria and building site
coverage must meet the requirements of the zoning code
for each type of proposed use. Exception: applicants for
assisted living facilities may, when accompanied by a
justification statement, apply for relief from the off - street
parking and minimum dwelling unit size requirements.
Section 5. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 6. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 7. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 8. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 28TH DAY OF MAY, 2015.
PLACED ON SECOND, FINAL READING AND PASSr THIS I liTtl VRY OF JUNE, 2015.
(Village Seal)
ATTEST:
y
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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MA