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.
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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 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
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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
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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
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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.
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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
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