§ 47-24.13. Reasonable accommodation procedure.

A.

Purpose. The purpose of this subsection is to implement a procedure for processing requests for reasonable accommodation for housing to the City's Unified Land Development Regulations (ULDR), for persons with disabilities as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et. seq.) ("FHA") and Title II of the Americans with Disabilities Amendments Act (42 U.S.C. Section 12131, et. seq.) ("ADA"). For purposes of this section, a "disabled" person is an individual that qualifies as disabled or handicapped under the FHA or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation for housing with respect to the City's ULDR, as provided by the FHA and the ADA, pursuant to the procedures set out in this section.

B.

Notice to the public of availability of accommodation. The City shall display a notice on the City's public notice bulletin board (and shall maintain copies available for review in the Department of Sustainable Development and the City Clerk's Office), advising the public that disabled individuals (and qualifying entities) may request a reasonable accommodation as provided herein.

C.

Application. A request for reasonable accommodation under this section shall be upon a written reasonable accommodation request form maintained by the City Department of Sustainable Development (Department) and submitted to the Department. The reasonable accommodation request form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request. The reasonable accommodation request form shall be substantially in the form set forth in subsection 47-24.13.H., below.

1.

Confidential information. Should the information provided by the disabled individual to the City include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual, such individual may, at the time of submitting such medical information, request that the City, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The City shall thereafter endeavor to provide written notice to the disabled individual, or their representative, of any request received by the City for disclosure of the medical information or documentation which the disabled individual has previously requested be treated as confidential by the City. The City will cooperate with the disabled individual, to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the City shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the disabled individual.

2.

Fee. There shall be no fee imposed by the City in connection with a request for reasonable accommodation under this section, and the City shall have no obligation to pay a requesting party's attorney's fees or costs in connection with the request.

3.

City assistance. The City shall provide such assistance and accommodation as is required pursuant to 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, completing the form, and appearing at a hearing, etc., to ensure the process is accessible.

D.

Findings for reasonable accommodation. In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish that he/she or the residents of the housing for which this request is made are protected under the FHA or ADA by demonstrating that he/she or the residents of the proposed housing are people with disabilities, as defined by the ULDR.

1.

The requesting party shall demonstrate that the proposed reasonable accommodations sought are reasonable and necessary to afford the subject individual(s) with disabilities an equal opportunity to use and enjoy the housing that is the subject of the request. The following factors shall be considered, among other relevant factors including judicial interpretation of disability law:

a.

The disabled individuals shall establish that they are handicapped or disabled, as defined in the FHA or ADA, and therefore entitled to protection under the FHA or ADA, such that they have a physical or mental impairment which substantially limits one (1) or more major life activities; or that they have a record of having such impairment, or that they are regarded as having such impairment.

b.

If a request for reasonable accommodation is submitted by an operator of a residence that provides housing to disabled individuals, the operator shall be required to establish that the operator is qualified to provide such housing to disabled individuals.

c.

The requesting party shall demonstrate that the requested accommodation is both reasonable and necessary (as interpreted by the courts) to afford the disabled individuals served by the housing an equal opportunity to use and enjoy the housing, including that the proposed accommodation is therapeutically necessary and actually alleviates the effects of a handicap or disability, with a site-specific assessment in regard to the particular property in that regard.

d.

The requesting party shall demonstrate that the proposed accommodation does not constitute a fundamental alteration of the City's zoning scheme or other City program or policies, and that it does not impose an undue financial or administrative burden on the City.

2.

A request for reasonable accommodation to permit more than ten (10) unrelated individuals to occupy a community residence shall be granted only when the requesting party also meets the conditional use standards for community residences in subsection 47-24.14.C of the ULDR. In this case, the process will involve the Special Magistrate and not the Planning and Zoning Board or the City Commission.

3.

A request for reasonable accommodation to permit a community residence for more than three (3) disabled individuals for which there is no license or certification available shall also meet the standards for the similar proposed size and type of community resident in subsection 47-24.14.B or C, as applicable. In this case, the process will involve the Special Magistrate and not the Planning and Zoning Board or the City Commission. In addition, the applicant must demonstrate that the proposed community residence will be operated in a manner effectively similar to that of a licensed or certified community residence, that the staff will be adequately trained, that the home will emulate a biological family and be operated to achieve normalization and community integration, and that the rules and practices governing how the home is operated will actually protect residents from abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications.

4.

The foregoing shall be the basis for a written decision with findings of fact upon a reasonable accommodation request made by to the Special Magistrate.

E.

Special Magistrate review and decision. The City shall appoint a Special Magistrate to hear and act on requests for reasonable accommodation. The Magistrate shall be a member in good standing with the Florida Bar and have experience in land use or disability law. When a reasonable accommodation request form has been completed and submitted to the Department of Sustainable Development, it will be referred to the Special Magistrate for review and consideration. The Special Magistrate shall conduct a noticed public hearing, in accordance with Sections 47-27.3 and 47-27.4, to receive input and information from the public. The Special Magistrate shall thereafter issue a written determination within thirty (30) calendar days of the date of receipt of a completed application and may, in accordance with federal law, (1) grant the accommodation request, (2) grant a portion of the request and deny a portion of the request, or impose conditions upon the grant of the request, or (3) deny the request, in accordance with federal law. Any such denials shall be in writing and shall state the grounds therefore. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the requesting party (i.e. the disabled individual or his/her representative) by certified mail, return receipt requested or hand delivery, receipt signed by the recipient. If reasonably necessary to reach a determination on the request for reasonable accommodation, the Special Magistrate may, prior to the end of said thirty (30) calendar 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 forty-five (45) calendar day period to issue a written determination shall no longer be applicable, and the Special Magistrate shall issue a written determination within thirty (30) calendar days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said fifteen (15) calendar day period, the Special Magistrate shall issue a written notice advising that the requesting party had failed to timely submit the additional information and therefore the request for reasonable accommodation shall be deemed abandoned or withdrawn and no further action by the City with regard to said reasonable accommodation request shall be required.

F.

Appeal. An appeal from a decision of the Special Magistrate shall be handled exclusively by petition for writ of certiorari within thirty (30) days from the date of filing the written order of the Special Magistrate with the City Clerk.

G.

Stay of enforcement. While a request for reasonable accommodation for a community residence, or appeal of a determination of same, is pending before the City, the City will not enforce the subject zoning ordinance, rules, policies, and procedures against the requesting or appealing party.

H.

Request form for reasonable accommodation.

1.

Contents of reasonable accommodation request form:

a.

Name and contact information of the Applicant;

b.

Information regarding property at which reasonable accommodation is requested, including the address and legal description of such location as well as ownership of the subject property;

c.

Describe the accommodation and the specific regulation(s) or procedure(s) from which accommodation is sought;

d.

Reasons the accommodation may be necessary for the requesting party or the individuals with disabilities seeking the specific accommodation, and if relating to housing, why the requested reasonable accommodation is necessary to use and enjoy the housing;

e.

Describe qualifying disability or handicap;

f.

Other relevant information pertaining to the disability or property that may be needed by the City in order for it to be able to evaluate the request for reasonable accommodation;

g.

All certified recovery residences must provide proof of satisfactory, fire, safety, and health inspections as required by F.S. § 397.487, as amended from time to time;

h.

Signature of requesting party;

i.

If there will be an on-site supervisor or manager, provide the name and contact information (phone and email) for each;

j.

Date of request;

k.

Owner's consent for application.

2.

A requesting party who seeks a reasonable accommodation to house more than ten (10) unrelated individuals in a community residence as provided in subsection 47-24.15 shall also complete and submit the form the City requires of all applications to establish a community residence.

I.

Expiration of approvals. Approvals of requests for reasonable accommodation shall expire within one hundred and eighty (180) days if not implemented.

J.

Recertification. All reasonable accommodation requests approved by the Special Magistrate and implemented by the requesting party in subsection H., "Requests for Accommodation", are valid for no more than one (1) year and shall require annual recertification each year on or before April 1st. Failure to recertify annually shall result in the revocation of the approved reasonable accommodation. Recertification requests shall follow the same requirements and procedures as in subsection H., "Requests for Accommodation", and review of recertification requests shall follow the same procedures as outlined in subsection E., "Notice of Proposed Decision", with the same appellate opportunities afforded to the requesting party as provided under subsection F., "Appeal" except the recertification notice will be sent annually by regular mail or hand delivered.

(Ord. No. C-18-11 , § 2, 4-17-18)