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2019-08 Code Amendment - Reasonable Accommodation AmendmentORDINANCE NO. 2019-08 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 MODIFY AND CLARIFY THE CRITERIA FOR REASONABLE ACCOMMODATION REQUESTS AND REQUIRE PROOF OF CONTINUED CERTIFICATION AT BUSINESS TAX RENEWAL; AMENDING SECTION 45-24, "GROUP LIVING FACILITIES," AND SECTION 45-25, "REASONABLE ACCOMMODATION PROCEDURE;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance No. 2017-22 on December 14, 2017, the Village Council updated and amended its Code of Ordinances to adopt a procedure for 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 Fair Housing Amendments Act, the American with Disabilities Act and other applicable state and federal regulations; and WHEREAS, Section 45-2 of the Village Code defines a community residence as a facility that provides lodging for more than three 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 service agencies or self-help programs or be affiliated with a treatment or rehabilitation program; and WHEREAS, the term community residence does not include a licensed community residential home or a licensed assisted living facility, and a community residence is not a permitted use within any residential zoning district and may only be established through the reasonable accommodation procedure; and WHEREAS, at the time of adoption, the statutory voluntary certification process for recovery residences established by Section 397.487, Florida Statutes, was still being developed and the credentialing agency, the Florida Association of Recovery Residences (FARR), was not yet issuing certifications for residences or administrators; and WHEREAS, the Village Council wishes to mandate that all community residences within the Village obtain certification from FARR and to clarify that FARR certification does not relieve an applicant seeking to establish a community residence within the Village from demonstrating that each of the criteria set forth in Section 45-25(c) of the Village Code is met; and 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. Page 1 of 6 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 strieke ^, tlue,,gh : - ARTICLE II. IN GENERAL Sec. 45-24. Group living facilities. All community 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 15 of this code and are subject to the annual fire safety inspection set forth in section 12-17 of this code. At the time of business. tax renewal, a community residence providing personal care shall provide proof that it remains a Florida Association of Recovery Residences (FAM certified recovery residence and is managed by a certified recovery residence administrator. Sec. 45-25. Reasonable accommodation procedure. (a) 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 qualifying entity. 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 Page 2 of 6 with reading application questions, responding to questions, and completing the necessary forms to ensure the process is accessible. (b) 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. (c) Procedure. 1. A request by an applicant 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 Neense e eer-tified by a-nn" shall demonstrate that it meets each of the following: 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 is a Florida Association of Recovery Residences (FARR) certified recovery residence, meeting all of the requirements set forth in Section 397 487, Florida Statutes, as amended, and is managed by a certified recovery residence administrator. operates N �r mapmr eVsstent with state 1ieen-iE, nor+i fieation c,t-nNdnrds for reeeyefy Fess enees an a&r- s +�o 111E individuals ndiy ��disabilities •ding therein Cil li'T'I n t ON+ llll.� /� ex =' preteetion rom abuse, ploitation, fiuud, theft, ol iirtc+ _!1r nlne�i� and insuf ei ' use of illegal �r, (. nd- 11 . Page 3 of 6 3. The Community Development Director, or his/her designee, 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-five (45) 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 the grant of the request; or C. Denying the 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 information. In the event a request for additional information is made, the 45 -day period to issue a written recommendation shall no longer be applicable, and the Community Development Director, or his/her designee, shall issue a written recommendation within thirty (3 0) calendar days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said 15 -day 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 Page 4 of 6 determination accepting, accepting with modification or rejecting the Community Development Director's written recommendation The notice of determination shall be sent to the requesting party (i.e., the disabled individual, the qualifying entity or the individual's or entity's representative) by certified mail, return receipt 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 to judicial interpretation, for purposes of this section the disabled individual must show: a. A physical or mental impairment which substantially limits 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. 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. (d) 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. Page 5 of 6 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, 1 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 25TH DAY OF JULY, 2019. PLACED ON SECOND, FINAL READING AND PASSED THIS 8' DAY OF AUGUST, 2019. (Village Seal) MA ATTEST: VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 6 of 6