A. Purpose
The purpose of this section is to establish a uniform mechanism for processing of requests for reasonable accommodation to its ordinances, rules, policies, and procedures 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 Act (42 U.S.C. Section 12131 et seq.) ("ADA"). The provisions of this Code that establish community residences and recovery communities as permitted uses and Special Exceptions in various zoning districts subject to a spacing distance between community residences and/or recovery communities and possession of a license or certification from the State of Florida are intended to constitute this required reasonable accommodation. Further reasonable accommodations for community residences and recovery communities may be granted to allow more than ten occupants in a community residence or to reduce off-street parking requirements established in this Code.
B. Applicability
For purposes of this section, a "disabled" individual or person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the city's land use or zoning laws, rules, policies, practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section.
C. Reasonable Accommodation Procedure
1. Step 1: Pre-Application Meeting
Optional (See Section 155.2301.).
2. Step 2: Neighborhood Meeting
Not applicable.
3. Step 3: Application Submittal and Acceptance
Applicable (See Section 155.2303.).
Application Requirements:
A request by an applicant for reasonable accommodation under this section shall be made in writing by completion of a reasonable accommodation request form. The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request and shall include the following information: applicant's name, telephone number, and address; address of housing or other location at which accommodation is requested; a description of qualifying disability or handicap; description of the accommodation and the specific regulation(s) and or procedure(s) from which accommodation is sought; reasons the reasonable accommodation may be necessary for the individual with disabilities to use and enjoy the housing or other service; name, address and telephone number of representative, if applicable; any other relevant information; and the signature of the applicant or representative, if applicable, or qualifying entity.
Sensitive and Personal Information:
Should the information provided by the applicant to the city include medical information or records, including records indicating the medical condition, diagnosis or medical history of the applicant, 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 applicant. The city shall thereafter endeavor to provide written notice to the applicant, and/or their representative, of any request received by the city for disclosure of the medical information or documentation which the applicant has previously requested, be treated as confidential by the city. The city will cooperate with the applicant, 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 counselor allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the applicant.
4. Step 4: Public Hearing Scheduling and Notice
A public hearing may be held at a date and time determined by the Development Services Director, or designee, to solicit input from the public on the application. An agenda of the meeting shall be posted a week before the date of the public hearing. This application type shall not be considered an "application for a development permit" and thus is not subject to the standards established in Section 155.2305, Public Hearing Scheduling and Notice.
5. Step 5: Staff Review and Action
Applicable to a final decision by the Development Services Director or designee within 45 days, 30 days for a community residence, of the determination that the application is complete and after notice and public hearing to receive comments, input and information from the public (provided, however, the Development Services Director or designee shall not be required to render their decision at said public hearing).
The Development Services Director or designee may, in accord with federal law:
a. Grant the accommodation request;
b. Grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request, in accord with federal law; or
c. Deny the request, in accord with federal law.
Any such denial shall be in writing and shall state the grounds for the denial. All written determinations shall give notice of the right to appeal to a Special Magistrate. The notice of determination shall be sent to the requesting party (i.e. the applicant or its representative) by certified mail, return receipt requested. If reasonably necessary to reach a determination on the request for reasonable accommodation, the Development Services Director, or designee, may, before this 45-day period ends, 30 days in the case of a community residence, request additional information from the requesting party and specify in sufficient detail the required information. Within 15 days of the date of the request, the requesting party shall provide the additional requested information. When a request for additional information is made, the 45-day period, 30 days for a community residence, to issue a written determination shall no longer be applicable, and the Development Services Director, or designee, shall issue a written determination within 30 days after receiving the additional information, 15 days in the case of a community residence. If the requesting party fails to provide the requested additional information within the applicable 30 or 15-day period, the Development Services Director, or designee, shall issue a written notice advising that the requesting party failed to submit the additional information within the requisite time period, and the request for reasonable accommodation is therefore deemed abandoned and/or withdrawn and that no further action by the city with regard to this reasonable accommodation request shall be required.
6. Appeal of Staff's Decision (if applicable)
Any applicant denied a Reasonable Accommodation by the Development Services Director or designee may request a hearing to appeal the denial before the City's Special Magistrate. This appeal must be filed in writing and submitted to the Development Services Director within ten days of receiving the denial in writing. The hearing before the Special Magistrate shall be de novo and governed by the Standards in Subsection D. below. Appeal of the Special Magistrate's decision shall be to the Broward Circuit Court or, if a housing discrimination claim is made under the nation's Fair Housing Act, to federal district court.
7. Step 6: Advisory Body Review and Recommendation
Not Applicable.
8. Step 7: Decision-Making Body Review and Decision
Not Applicable.
D. Reasonable Accommodation Review Standards
In determining whether the reasonable accommodation request shall be granted or denied, the applicant shall be required to comply with the following:
1. Establish that they are protected under the FHA and/or ADA by demonstrating that they are handicapped or disabled, as defined in the FHA and/or ADA. Although the definition of disability is subject to judicial interpretation, for purposes of this section the applicant must show:
a. A physical or mental impairment, which substantially limits one or more major life activities;
b. A record of having such impairment; or
c. That they are regarded as having such impairment.
2. If seeking to house more than ten unrelated individuals in a community residence, the applicant must satisfy the following standards:
a. Specify by how many individuals it wishes to exceed the as of right maximum of ten residents and demonstrate by a preponderance of the evidence the financial and/or therapeutic need to house the proposed number of residents;
b. Demonstrate by a preponderance of the evidence that the primary function of the proposed community residence is residential where any medical treatment is merely incidental to the residential use of the property;
c. Demonstrate by a preponderance of the evidence that the proposed community residence will emulate a biological family and operate as a functional family rather than as an institution, boarding or rooming house, nursing home, short term rental, continuing care facility, motel, hotel, treatment center, rehabilitation center, institutional use, or other nonresidential use; and
d. Demonstrate by a preponderance of the evidence that the requested number of residents in the proposed community residence will not interfere with the normalization and community integration of the occupants of any existing community residence or recovery community.
3. 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) shall be the basis for a decision upon a reasonable accommodation request made by the Development Services Director, or designee, or by the Special Magistrate in the event of an appeal.
E. Effect of Pending Application for Reasonable Accommodation
While an application for reasonable accommodation is pending before the city, the city will not enforce the subject zoning ordinance, rules, policies, and procedures against the applicant.
F. Appeal
A party aggrieved by the decision of the City Manager may appeal the decision to the City Commission in accordance with the procedures in Section 155.2424, Appeal. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal.
G. Additional Provisions for Reasonable Accommodations
The following general provisions shall be applicable:
1. The city shall display a notice in the city's public notice bulletin board (and shall maintain copies available for review in the DDS and the City Clerk's office), advising that public disabled individuals (and qualifying entities) may request reasonable accommodation as provided herein.
2. An applicant may apply for a reasonable accommodation on his/her own behalf or may be represented at all stages of the reasonable accommodation process by a person designated by the applicant.
3. 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, filing an appeal, and appearing at a hearing etc. to ensure the process is accessible.