2017-22 Zoning Code Amendment - Group Living FacilitiesORDINANCE NO. 2017-22
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; AMENDING
ARTICLE II, "IN GENERAL," BY AMENDING SECTION 45-2, "DEFINITIONS,"
TO ADD DEFINITIONS FOR THE TERM COMMUNITY RESIDENCE AND
PERSONAL CARE AND AMEND THE DEFINITIONS FOR THE TERM
FAMILY AND COMMUNITY RESIDENTIAL HOME; ADOPTING A NEW
SECTION 45-24, "GROUP LIVING FACILITIES," TO REQUIRE A BUSINESS
TAX RECEIPT AND ANNUAL FIRE INSPECTION AND ADOPTING A
NEW SECTION 45-25, "REASONABLE ACCOMMODATION PROCEDURE,"
TO CODIFY AND MODIFY THE PROCEDURE PREVIOUSLY ADOPTED
BY RESOLUTION; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, based on the perception that there is a proliferation of unlicensed group living
facilities within both Palm Beach County and the Village of North Palm Beach, the Village
Council has examined the need for balance between citizens who desire or need such group
living facilities and citizens who believe there should be greater regulation within the context of
the Village's land development regulations; and
WHEREAS, in reviewing its land development regulations, the Village has considered, among
other things, the Joint Statement of the Department of Housing and Urban Development and the
Department of Justice on State and Local Land Use Laws and Practices and the Application of
the Fair Housing Act ("Joint Statement") and the Palm Beach County Grand Jury's Report on the
Proliferation of Fraud and Abuse in Florida's Addiction Treatment Industry ("Grand Jury Report"); and
WHEREAS, the Joint Statement: (i) reaffirmed a municipality's right to restrict the ability of
groups of unrelated persons to live together without violating the Fair Housing Act as long as the
restrictions are imposed on all such groups; (ii) in accordance with the United States Supreme
Court's decision in Olmstead v. L.C., 527 U.S. 581 (1999), reiterated that the purpose of group
living facilities for persons with disabilities is to allow services to be provided to such persons in
integrated, community-based settings and not specific segregated areas; (iii) recognized that the
Fair Housing Act does not prevent state or local governments from taking into account concerns
about the over -concentration of group living facilities that are located in close proximity to each
other; and (iv) affirmed the right of a municipality to enforce its land use regulations against a
group living facility that has violated its land development regulations; and
WHEREAS, the Grand Jury Report detailed abuses suffered by residents of community recovery
residences undergoing treatment for addiction, found a compelling and urgent need for increased
oversight and enforcement in Florida's substance abuse treatment industry, and recommended,
among other things, requiring licensing and certification for community recovery residences; and
WHEREAS, in compliance with the mandates of Fair Housing Amendments Act and Title II of
the Americans with Disabilities Act, the Village Council wishes to update and amend various
C provisions of Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances to protect
the integrity of its residential neighborhoods and to ensure that group living facilities are
available to those who need them and that the residents of such facilities are protected from
abuse, exploitation, and criminal activity; and
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WHEREAS, in light of the foregoing, the Village Council seeks to:
• Modify the definition of the term "family" set forth in the Zoning Code to comply with
case law providing that local governments may limit the number of unrelated persons that
may live together in a single housekeeping unit to three, subject to the ability of a
qualifying person or entity to seek a reasonable accommodation from that requirement;
• Provide an additional definition for the term "community residence" encompassing all
group living facilities that do not qualify as assisted living facilities, which are licensed
by the Agency for Healthcare Administration, or community residential homes, which are
licensed by the Agency for Health Care Administration or serve clients of the Department
of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile
Justice, or the Department of Children and Families and provide for the establishment of
community residences through the reasonable accommodation process;
• Update the definition of the term "community residential home;"
• Provide a definition for the term "personal care" that comports with the definition found
in the Florida Fire Prevention Code;
• Require that all types of group living facilities consisting of three or more unrelated
persons and providing personal care to obtain a business tax receipt and an annual fire
inspection to ensure compliance with the Florida Fire Prevention Code;
• Codify the procedure for reasonable accommodation requests previously adopted by the
Village Council in Resolution 2016-02 whereby persons with disabilities and facilities
serving them could seek modifications to the Village's zoning and land development
regulations as provided by the Fair Housing Amendments Act and Title II of the
Americans with Disabilities Act;
• Require that community residences not licensed or certified by any state agency seeking
reasonable accommodation demonstrate that: (i) the community residence is located a
sufficient distance from an existing community residence to allow the normalization and
community integration of the residents of existing community residences and does not
contribute to the creation of a de facto social services district; (ii) the community
residence operates as the functional equivalent of a family that fosters normalization and
community integration of its residents; and (iii) the community residence operates in a
manner consistent with the state licensing or certification standards for community
residences and affords the residents protections from abuse, exploitation, fraud, theft,
insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications;
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests
of the 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 recitals are ratified as true and correct and are incorporated herein.
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Section 2. The Village Council hereby amends Appendix C (Chapter 45) of the Village Code
of Ordinances by amending Article II, "Generally," as follows (additional language is underlined
and deleted language is stri .vo„ through):
ARTICLE II. IN GENERAL
Sec. 45-2. Definitions.
For the purpose of this ordinance, certain words and terms are defined as follows:
Community residence is a facilitesprovides lodging for more than
three (3) unrelated persons occupying the whole or part of a dwelling as a single
housekeeping unit sharing common living, sleeping, cooking and/or eating
facilities and which may operate on a referral basis from state, county or local
social services agencies or self-help programs or be affiliated with a treatment or
rehabilitation program. A community residence shall not include a licensed
community residential home or a licensed assisted living facility. A community
residence is not a permitted use within any residential zoning district and may
only be established through the reasonable accommodation process.
Community residential home as defined in F.S. ch. 419, means a dwelling
unit licensed to serve residents who are clients of the department of health ,,,,a
rehabilitative -services department of elderly affairs, the agency for persons with
disabilities, the department of juvenile justice, or the department of children and
families or licensed by the agency for health care administration which provides a
living environment for seven (7) to fourteen (14) unrelated residents who operate
as the functional equivalent of a family, including such supervision and care by
supportive staff as may be necessary to meet the physical, emotional, and social
needs of the residents.
Family shall mean one or more persons living in the same single or
multiple family dwelling as a single housekeeping unit sharing common living,
sleeping, cooking and/or eating facilities, all of whom are related by blood,
marriage or adoption, or a group of persons all of whom are not so related which
,does not exceed two (2) three 3 unrelated persons in number. This term shall not
include the occupants of aboarding house group home/congregate
iivingf4eility or other -sirAilar usewith share eeoking or sanita-py f edit es
community residential home or an assisted livingf�cility_
Personal care shall mean general responsibility for the safety of the
resident while inside a residential building. Personal care includes, but is not
limited to, daily awareness of the resident's functioning and whereabouts, making
and reminding a resident of appointments or providingtransportation, the ability
and readiness for intervention in the event of a resident experiencing a crisis,
and/or supervision in the areas of nutrition and medication.
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Sec. 45-24. Group living facilities.
All communily residences providing personal care, community residential
homes and assisted living . facilities shall be required to obtain a business tax
receipt from the village in accordance with the provisions of chapter 17 of this
code and are subject to the annual fire safety inspection set forth in section 12-17
of this code.
Sec. 45-25. Reasonable accommodation procedure.
La, Purpose and general provisions.
1. This procedure addresses requests for reasonable accommodation
to the Village's zoning or land development ordinances, rules,
policies and procedures for persons with disabilities and facilities
serving them as provided by the Federal Fair Housing
Amendments Act (42 U.S.C. 3601, et seq.) ("FHA"), Title II of the
Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.)
("ADA") and other applicable state and federal regulations.
2. The following general provisions shall be applicable:
a. The Village shall display a notice in the Village's public
notice bulletin board (and shall maintain copies available
for review in the Village Clerk's Office) advising the public
that disabled individuals and qualifying entities may
request reasonable accommodation as provided herein.
b. A disabled individual or qualifying entity may apply for a
reasonable accommodation on his/her or its own behalf or
may be represented at all stages of the reasonable
accommodation process by a person designated in writing
by the disabled individual or qualify eg ntity.
C. The Village shall provide assistance and accommodation as is
required pursuant to the FHA and ADA in connection with a
disabled person's request for reasonable accommodation,
including without limitation, assistance with reading application
questions responding to questions and completing the
necessary forms to ensure the process is accessible.
Definitions. For purposes of this chapter, a "disabled" individual
or person is an individual that qualifies as disabled and/or handicapped under the
FHA ADA or other state and federal regulation. Any person who is disabled or a
qualifying entity serving disabled persons may request a reasonable accommodation
with respect to the Village's land use or zoning laws, rules, policies, practices
and/or procedures as provided by the FHA ADA and other state and local
regulations pursuant to the procedures set out herein.
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U Procedure.
1. A request by an gpplicant for reasonable accommodation shall be
made in writing by completion of a reasonable accommodation
request form. The form shall be maintained by, and shall be
submitted to, the Community Development Department.
2. All applications for a community residence not licensed or
certified by any state agency shall demonstrate that it meets each
of the followinz:
a. The community residence is located a sufficient distance
from any existing community residence so that the proposed
community residence neither lessens nor interferes with the
normalization and community integration of the residents of
existing community residences and does not, taking into account
existing community residences, contribute to the creation or
intensification of a de facto social service district.
b. The community residence operates as the functional
equivalent of a family that fosters normalization and
community integration of its residents.
C. The community residence operates in a manner consistent
with state licensing or certification standards for recovery
residences and affords the individuals with disabilities
residing therein sufficient protection from abuse, exploitation,
fraud theft insufficient support, use of illegal drugs or
alcohol, and misuse of prescription medications.
3. The Community Development Director, or his/her desiynee, shall
have the authority to consider and make a recommendation to the
Village Council on requests for reasonable accommodation. The
Community Development Director, or his/her designee, shall issue
a written recommendation within forty-five45) calendar days of
the date of receipt of a completed application and may recommend:
a. Granting the accommodation request;
b. Granting a portion of the request and denying a portion of
the request, and/or imposing conditions upon theram
the request; or
C. Denyingthe he request.
If reasonably necessary to reach a recommendation on the request
for reasonable accommodation, the Community Development
Director, or his/her designee, may, prior to the end of said 45 -day
period request additional information from the requesting_ party,
specifying in sufficient detail what information is required. The
requesting party shall have fifteen (15) calendar days after the date
of the request for additional information to provide the requested
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information. In the event a request for additional information is
made, the 45 -day period to issue a written recommendation shall
no longer be abplicable, and the Community Development
Director, or his/her designee, shall issue a written recommendation
within thirty (30) calendar days after receipt of the additional
information. If the requesting_ party fails to provide the requested
additional information within said 15-dU period, the Community
Development Director, or his/her designee, shall issue a written
notice advising that the requesting party has failed to timely submit
the additional information, and therefore the request for reasonable
accommodation shall be deemed abandoned and/or withdrawn and
no further action by the Village with regard to said reasonable
accommodation request shall be required.
Once the written recommendation is complete, the Community
Development Director shall request that the Village Manager place
the matter on the next available Village Council agenda. Along
with the written recommendation, the Community Development
Director shall provide the Village Council with copies of all
materials considered by the Community Development Director,
including but not limited to, all materials submitted by the
requesting_ party. Other than public comment, no testimony or
additional evidence shall be submitted to the Village Council at the
public meeting. The Village Council shall, after due consideration
of the Community Development Director's written recommendation
and all other materials submitted and considered by the Community
Development Director, enter a final written determination
accepting_ accepting with modification or rejecting the Community
Development Director's written recommendation
The notice of determination shall be sent to the requesting part
(i.e., the disabled individual, the qualifying entity or the
individual's or entity's representative) by certified mail, return
receibt requested. Notice shall be deemed complete when
deposited in the U.S. Mail.
3. In determining whether the reasonable accommodation request
shall be granted or denied, the requesting party shall be required to
establish that they are protected under the FHA, ADA or other
applicable state or federal regulation by demonstrating that they
are handicapped or disabled, as defined in the FHA, ADA or other
state or federal regulation. Although the definition of disability_is
subject t to judicial interpretation, for purposes of this section the
disabled individual must show:
a. A physical or mental impairment which substantial) limits
imits
one (1) or more major life activities; and
b. A record of having such impairment; or
C. That they are regarded as having such impairment.
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The requesting party shall further demonstrate that the proposed
accommodations being sought are reasonable and necessary to
afford handicapped/disabled persons equal opportunity to use and
enjoy housing_ The foregoing (as interpreted by the courts), as well
as the applicant's ability to demonstrate compliance with the
requirements set forth in subsection (c)(2) above (where applicable)
shall be the basis for the Community Development Director's
recommendation and the Village's Council determination on the
reasonable accommodation request.
4. While an application for reasonable accommodation is pending
before the Village the Village will not enforce the subject zoning
or land development ordinance rule policy, or procedure against
the requesting party.
Fee There shall be no fee imposed by the Village in connection
with a request for reasonable accommodation under this section or an appeal of a
determination and the Village shall have no obligation to pay a requesting party's
(or an appealing party's) attorneys' fees or costs in connection with a request or
an appeal.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 4. 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 5. 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 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 9TH DAY OF NOVMEBER, 2017.
PLACED ON SECOND, FINAL READING AND PASSED THIS 14' DAY OF DECEMBER, 2017.
(Village Seal)
I
AT T'ST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL S ICIENCY:
VILLAGE ATTORNEY
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AYOR