Ord No. 03-17ORDINANCE NO. 03-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS, BY AMENDING SECTION
2.4.7(G), "REQUESTS FOR ACCOMMODATION';
SUBSECTIONS (1), "PURPOSE", (5), "NOTICE OF PROPOSED
DECISION", (6), "APPPEAL", AND (8), "REQUEST FORM FOR
REASONABLE ACCOMMODATION", TO UPDATE AND
CLARIFY SAME; ENACTING A NEW SUBSECTION 2.4.7(G)(10),
"RECERTIFICATION" TO PROVIDE FOR ANNUAL
RECERTIFICATION OF REASONABLE ACCOMMODATIONS;
ENACTING A NEW SUBSECTION 2.4.7(G)(11),
"SEVERABILITY" TO PROVIDE FOR SEVERABILITY;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach hereby desires to adopt within the
City's Land Development Regulations and consistent with the Final Order of the Southern District of Florida
in Jeffrey O. v. City of Boca Katon, 511 F.Supp.2d 1339 (S.D. Fla. 2007), reasonable accommodation procedures
that will permit disabled individuals (or qualifying entities) to request reasonable accommodations and, where
appropriate based on the facts and law, to receive reasonable accommodations; and
WHEREAS, reasonable accommodations are not automatically granted. The government must be
given an opportunity to make a final decision with respect to the request, which necessarily includes the ability
to conduct a meaningful review of the requested accommodation to determine if such an accommodation is
required by law. Schwarz v. City of Treasure .Island, 544 F.3d 1201, 1219 (11th Cir. 2008); and
WHEREAS, an accommodation is not reasonable if it either: imposes undue financial and
administrative burdens on the government or requires a fundamental alteration in the zoning scheme. Sch. Bd..
of Nassau Cnty. P. Arline, 480 US 273, 288 n.17,107 S.Ct. 1123, 94 L.Ed.2d. 307 (1987); Schwarz supra. at 1220;
and
WHEREAS, the City Commission of the City of Delray Beach desires to update its reasonable
accommodation ordinance to provide for an updated reasonable accommodation request form and to have
applicants recertify on an annual basis that they are disabled and that they have a continued need for the
accommodation; and
WHEREAS, a policy that required disabled participants to provide updated medical information
every three (3) years recertifying that they are disabled did not discriminate against participant on basis of his
disability. Weinrich v. Los Angeles Cnty. Metro. Transp. Auth.,114 F. 3d 976 (9th Cir. 1997), cert. denied, Weinrich v.
Los Angeles Cnty. Metro. Transp. Auth., 522 U.S. 971 (1997); and
WHEREAS, pursuant to LDR Section 1.1.6 and 2.4.5(N), the Planning and Zoning Board reviewed
the proposed text amendment at a public hearing held on December 19, 2016 and voted 5 to 0 to recommend
that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as
the Local Planning Agency, has determined that the change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning
and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with
the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 2.4.7(G), "Requests for Accommodation", Subsections (1), "Purpose",
(5), "Notice of Proposed Decision", (6), "Appeal", and (8), "Request Form for Reasonable Accommodation",
of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, shall
hereby be amended to read as follows:
(G) Requests for Accommodation:
(1) Putpose. The purpose of this section is to implement a procedure for processing
requests for reasonable accommodation to the City's Code of Ordinances, Land Development
Regulations, Rules, Policies, and Procedures for persons with disabilities as provided by the federal
Fair Housing Amendments Act (42 U.S.C. 3601, et. seq.) ("FHAA4') and Title II of the Americans
with Disabilities Amendments Act (42 U.S.C. Section 12131, et. seq.) ("ADAAV ). For purposes of this
section, a "disabled" 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 Development Regulations, Code of Ordinances, rules,
policies, practices and/or procedures as provided by the FHAA and the ADAC-pursuant to the
procedures set out in this section.
(5) Notice of Proposed Decision. The City Manager, or his/her designee, shall have
the authority to consider and act on requests for reasonable accommodation. When a reasonable
accommodation request form has been completed and submitted to the Planning and Zoning
Department, it will be referred to the City Manager, or his/her designee, for review and consideration.
2 ORD NO. 03-17
The City Manager, or his/her designee, shall issue a written determination within. forty-five (45)
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, and/or impose conditions upon the grant of the request, or (3) deny the request,in
accordance with federal law. Any such denial 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 City Manager, or his/her
designee, may, prior to the end of said forty-five (45) 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 City Manager, or his/her designee, 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 City Manager, or
his/hex designee, 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 and/or withdrawn and no further action by the City with regard to said
reasonable accommodation request shall be required.
(6) Appeal. Within thirty (30) calendar days after the City Manager's, or his/her
designee's, determination on a reasonable accommodation request is mailed to the requesting party,
such applicant may appeal the decision. All appeals shall contain a statement containing sufficient
detail of the grounds for the appeal. Appeals shall be to the City Commission who shall, after public
notice and a public hearing, render a determination as soon as reasonably practicable, but in no event
later than sixty (60) calendar days after an appeal has been filed.
(8) Request Form for Reasonable Accommodation.
(a) Contents of Reasonable Accommodation Request Form:
1. Name and contact information of the-maApplicant;
2. 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 propeYty;
3. Describe the accommodation and the specific regulations) and/or
procedure(s) from which accommodation is sought;
4. Reasons the accommodation may be necessary for the Applicant or the
individuals with disabilities seeking the specific accommodation, and if
3 ORD NO. 03-17
relating to housing, why the requested reasonable accommodation is
necessary to use and enjoy the housing;
5. Describe qualifying disability or handicap,;
6. 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;
7. All certified recovery residences must provide proof of satisfactory,
fire, safeM and health inspections as required biSection 397 487, Fla
Stats as amended from time to time; 01C
2P;
8. Signature of applicant; Dia p c ,
9. If on-site supervisor or manager, provide the name and contact
information (Phone and email) for each;
10. Date of application;
11. Disclosure of ownership interests of property
12. Owner's consent for application.
Section 3. That Section 2.4.7(G), "Requests for Accommodation", Subsection (10),
"Recertification", of the Land Development Regulations of the City of Delray Beach shall hereby be enacted
to read as follows:
(10) Recertification. All reasonable accommodation requests approved by the City
Manager or his/her designee and implemented by the Applicant pursuant to this Section, 2.4.7(Q),
"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 as Section 2.4.7(G) "Requests for Accommodation", and review of recertification
requests shall follow the same procedures as outlined in Subsection 2.4.7(G)(5), "Notice of Proposed
Decision" with the same appellate opportunities afforded to the applicant as provided under
Subsection 2.4.7(G)(6), "Appeal" except the recertification notice will be sent annuallv by regular mail
or hand delivered.
Section 4. That Section 2.4.7(G), "Requests for Accommodation", Subsection (12), "Severability",
of the Land Development Regulations of the City of Delray Beach shall hereby be enacted to read as follows:
(12) Severability. If any part Section Subsection, paragraph subparagraph, sentence,
phrase clause term or word of this Section 2.4.7(Q, "Requests for Accommodation" is declared
unconstitutional by the final and valid judgment or decree of any court of competent jurisdiction this
declaration of unconstitutionality or invalidity shall not affect any other part Section,Subsection,
paragraph subparagraph sentence, phrase, clause, term, or word of this Section 2.4.7(G). "Reauests
for Accommodation".
4 ORD NO. 03-17
Section 5 That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 7. That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 24th day of
jmuai
T, 2017.
ATTEST
City Clerk
First Reading: lanuary 10. 2017
Second Reading: January 24, 2017
MAYOR
5 ORD NO. 03-17
City of Delray Beach 100 N.W. 1st Avenue
Delray Beach, FL 33444
Legislation Text
File #: 17-096, Version: 1
TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning & Building Director
THROUGH: Chief Neal de Jesus, Interim City Manager
DATE: January 24, 2017
ORDINANCE NO. 03-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY
AMENDING SECTION 2.4.7(G), "REQUESTS FOR ACCOMMODATION` SUBSECTIONS (1),
"PURPOSE", (5), "NOTICE OF PROPOSED DECISION", (6), "APPEAL", AND (8), "REQUEST
FORM FOR REASONABLE ACCOMMODATION", TO UPDATE AND CLARIFY SAME; ENACTING
A NEW SUBSECTION 2.4.7(G)(10), "RECERTIFICATION" TO PROVIDE FOR ANNUAL
RECERTIFICATION OF REASONABLE ACCOMMODATIONS; ENACTING A NEW SUBSECTION
2.4.7(G)(11), "SEVERABILITY" TO PROVIDE FOR SEVERABILITY; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.(SECOND READING)
Recommended Action:
Motion to Approve Ordinance No. 03-17 on Second Reading, as presented.
Background:
The purpose of enacting LDR Section 2.4.7.(G) "Requests for Reasonable Accommodation" is to
implement a procedure for processing requests for reasonable accommodation to the City's Code of
Ordinances, Land Development Regulations, 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 11 of the Americans with Disabilities Act (42 U.S. C. Section 12131, et. seq.)
("ADA"). Any person who is disabled (or qualifying entities) may request a reasonable
accommodation with respect to the City's Land Development Regulations, Code of Ordinances, rules,
policies, practices and/or procedures as provided by the FHA and the ADA, pursuant to the
procedures set out in this section.
City Attorney Review:
Approved as to form and legal sufficiency.
Finance Department Review:
N/A
Funding Source:
N/A
Timing of Request:
N/A
City of Delray Beach Page 1 of 2 Printed on 1/19/2017
pow[ lod by I ogiFfl ar nvl
File M 17-096, Version: 1
City of Delray Beach Page 2 of 2 Printed on 1/19/2017
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City of Delray Beach Planning and Zoning Department
Application Form to Request a Reasonable Accommodation
A reasonable accommodation is any modification of a zoning rule, policy, or practice if
that modification is reasonably necessary in order to give a person with disabilities an
equal opportunity to use and enjoy a dwelling in the City of Delray Beach. It is the
policy of the City of Delray Beach Planning and Zoning Department, pursuant to State
and federal law, to provide individuals with disabilities reasonable accommodation in
rules, policies, practices, and procedures to ensure equal access to housing and facilitate
the development of housing for individuals with disabilities.
If you believe that you need a reasonable accommodation to live in a dwelling, or so that
persons with disabilities may live in a dwelling that you own or operate, please complete
this application form and return it to the City of Delray Beach Planning and Zoning
Department at 100 NW 1st Avenue, Delray Beach, FL 33444. Please attach additional
pages if necessary. If you have questions or need assistance, please contact the City of Delray
Beach Planning and Zoning Department.
NOTE: If you are granted a reasonable accommodation, you are required to inform the
City within thirty (30) calendar days of any changes to the information contained in your
application. You are also required to recertify on an annual basis that you have a
continued need for the accommodation that has been approved. Failure to recertify shall
result in the revocation of your reasonable accommodation.
Name and Contact Information of the Applicant:
Name:
Address:
Telephone:
Alternative Telephone:
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Location Where Reasonable Accommodation is Requested:
Address:
Legal Description:
Is this a new Reasonable Accommodation Request?
If this is a recertification request, when was the request previously submitted?
Is Applicant the owner of the property at which Reasonable Accommodation is
requested?
Yes ❑ No ❑
If "No", provide the name and contact information of the owner of the property at
which Reasonable Accommodation is requested:
Name:
Address:
Telephone:
Is the Applicant the representative of the owner of the property at which the
Reasonable Accommodation is requested?
Yes ❑ No ❑
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Is the dwelling licensed or certified by the State of Florida? If so, please provide the
type of license or certificate, the number, and attach a copy of it:
Are the people who will live at the dwelling persons with disabilities?
Yes ❑ No ❑
If you answered Yes, you must submit the Verification of Disability Status form
on Page 6. If "No", provide the name and contact information of the individual(s)
for whom Reasonable Accommodation is requested below:
Please describe the accommodation you need. What rules or policies would you like
the City of Delray Beach Planning and Zoning Department to waive for the dwelling
(please provide the specific regulation)?
Why do you need the accommodation? In other words, why is the requested
accommodation necessary in order for persons with disabilities to live in the
dwelling:
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Please provide the following information if you are requesting an accommodation in
order to house more than three (3) unrelated people in a dwelling unit:
Number of residents that will live in the dwelling:
Number of staff who will serve the dwelling:
Anticipated number of vehicles used by residents and staff.
Number of off-street parking spaces available:
Square footage of the dwelling:
Number of bedrooms in the dwelling:
For each bedroom, please state the square footage of the room (excluding closets) and the
number and size of each window:
Bedroom 1:
Bedroom 2:
Bedroom 3:
Bedroom 4:
[Attach additional sheets if necessary.]
If the dwelling unit is a Certified Recovery Residence, please provide the most recent
proof of satisfactory fire, safety, and health inspections as required by Section 397.487
(3)(m), Fla. Stat.
[Attach additional sheets if necessary.]
If on-site supervisor or manager is provided, please provide the following information
and regularly update if there are any changes:
Name:
Telephone:
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Email:
Is the number of residents necessary in order for the dwelling to be financially viable? If
so, please explain why:
Is the number of residents necessary in order for the dwelling to be therapeutically
beneficial for the residents? If so, please explain why:
Please describe plan for eviction of residents on a separate sheet of paper.
Expiration:
Approvals for Reasonable Accommodations shall expire within one hundred eighty (180)
calendar days if not implemented.
Recertification:
If a Reasonable Accommodation request is approved by the City Manager or his/her
designee and implemented by the Applicant, then it shall be valid for no more than one
(1) year and shall require annual recertification on or before April Is'.
I CERTIFY UNDER PENALTY OF PERJURY THAT THE INFORMATION
PROVIDED IN THIS APPLICATION IS TRUE AND ACCURATE. I UNDERSTAND
THAT IF I KNOWINGLY PROVIDE FALSE INFORMATION ON THIS
APPLICATION THAT MY APPLICATION SHALL BECOME NULL AND VOID.
Signature:
Name:
Date:
OFFICIAL USE ONLY
Reasonable Accommodation Request Number:
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Verification of Disability Status
This form must be completed by someone who knows about the individuals' disabilities.
The City of Delray Beach Planning and Zoning Department respects individuals' privacy.
We will verify disability status, but will not inquire into the nature or severity of a
disability. Nor will we ask to see a person's medical records. We will limit our disability
inquiry to requiring the Applicant to verify the disability status of individuals for
purposes of State and federal law.
Definitions:
Federal law provides that "persons with disabilities" are persons who: (1) have any
"physical or mental impairment" that substantially limits one or more "major life
activities"; (2) have a record of having the impairment; or (3) are regarded by others as
having the impairment.
A "major life activity" is any task central to most people's daily lives, such as caring for
oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning,
and working.
A "physical or mental impairment" includes, but is not limited to, orthopedic, visual,
speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple
sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, learning
disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug
addition, and alcoholism. Anyone with a history of an impairment that limits a major life
activity is also a person with disabilities.
Verification:
To the best of my knowledge, information, and belief, the person(s) who occupy (or who
will occupy) the dwelling that is subject to the above request for reasonable
accommodation do do not meet the definition of "persons with disabilities." I
am in a position to know about the person(s)' disabilities because:
(For example, are you a medical or social services professional, part of a peer support
group that serves the person(s), or someone who resides with the person(s)?)
Note: Do NOT reveal the nature or severity of the persons' disabilities.
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I affirm under penalty of perjury that the information provided in this application is true
and accurate:
Signature:
Name:
Date:
Address:
Telephone
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OWNER'S CONSENT
(This form must be completed by ALL property owners)
I, , the fee simple
(Owner's Name)
owner of the following described property (give legal description):
hereby petition to the City of Delray Beach for Approval of this Application for
Reasonable Accommodation for
(Applicant Name)
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I certify that I have examined the application and that all statements submitted
are true and accurate to the best of my knowledge. Further, I understand that
this application and attachments become part of the Official Records of the City
of Delray Beach, Florida, and are not returnable.
(Owner's Signature)
The foregoing instrument was acknowledged before me this ,
day of , 20 by who
is personally known to me or has produced
(type of identification) as identification and who did (did not) take an oath.
(Printed Name of Notary Public) (Signature of Notary Public)
Commission #
(NOTARY'S SEAL)
My Commission Expires
9
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OWNER'S DESIGNATION OF AGENCY
(This form must be completed by ALL property owners if designating an Agent)
I, , the fee simple owner of the following
(Owner's Name)
described property (give legal description):
hereby affirm that
(Applicants/Agent's Name)
is hereby designated to act as agent on my behalf to accomplish the above.
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I certify that I have examined the application and that all statements submitted
are true and accurate to the best of my knowledge. Further, I understand that this
application and attachments become part of the Official Records of the City of
Delray Beach, Florida, and are not returnable.
(Owner's Signature)
The foregoing instrument was acknowledged before me this
day of , 20 by
is personally known to me or has produced
(type of identification) as identification and who did (did not) take an oath.
(Printed Name of Notary Public)
Commission #
(NOTARY'S SEAL)
(Signature of Notary Public)
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My Commission Expires
who
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CITY OF DELRAY BEACH - PLANNING AND ZONING DEPARTMENT
EXHIBIT "A"
PROPERTY
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Recertification Form
On or before April I st each year, you shall, in substantially the same form as provided
herein, affirm that there are no substantive changes to the information contained in this
application and that you have a continued need for the accommodation that has been
approved under this application or else your accommodation shall be revoked.
❑ I reviewed the City of Delray Beach Planning and Zoning Department
Application Form to Request a Reasonable Accommodation (attached) that was approved
on this day of , 20 and do hereby affirm that there are no
changes to the information contained herein and that I have a continued need for the
accommodation requested herein.
If there are changes, please describe the changes in detail:
Note: If the City determines that the changes described herein are substantive enough to
change the accommodation that has been approved, you may be required to submit a new
application to be approved by the City.
If the dwelling is a certified recovery residence, please provide the most recent proof of
satisfactory fire, safety, and health inspections as required by Section 397. 487, Fla. Stat.
I CERTIFY UNDER PENALTY OF PERJURY THAT THE INFORMATION
PROVIDED IN THIS APPLICATION IS TRUE AND ACCURATE. I UNDERSTAND
THAT IF I KNOWINGLY PROVIDE FALSE INFORMATION ON THIS
RECERTIFICATION FORM THAT MY INITIAL APPLICATION SHALL BECOME
NULL AND VOID.
Signature:
Name:
Date:
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PLANNING AND ZONING BOARD
STAFF REPORT
MEETING OF: December 19, 2016
AGENDA NO. VIII.A.
AGENDA ITEM: Recommend to the City Commission to adopt the proposed City -
initiated amendments to the LDRs, by amending section 2.4.7(G),
"Requests for Accommodation"; subsections (1), "Purpose", (5),
"Notice of Proposed Decision", (6), "Appeal", and (8), "Request
Form for Reasonable Accommodation", to update and clarify same;
enacting a new subsection 2.4.7(G)(10), "Recertification" to provide
for annual recertification of reasonable accommodations; and
enacting a new subsection 2.4.7(G)(11), "Severability" to provide
for severability.
ITEM BEFORE THE BOARD
The action before the Board is a recommendation to the City Commission to adopt the
proposed City -initiated amendments to the LDRs, by amending Section 2.4.7(G) to
update the reasonable accommodation request form and require annual recertification
of continued need for accommodation.
BACKGROUND
The purpose of enacting LDR Section 2.4.7.(G) "Requests for Reasonable
Accommodation" is to implement a procedure for processing requests for reasonable
accommodation to the City's Code of Ordinances, Land Development Regulations,
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"). Any person
who is disabled (or qualifying entities) may request a reasonable accommodation with
respect to the City's Land Development Regulations, Code of Ordinances, rules,
policies, practices and/or procedures as provided by the FHA and the ADA, pursuant to
the procedures set out in this section.
The proposed amendments are intended to update this section of the LDRs.
Planning and Zoning Board Staff Report of December 19, 2016
Reasonable Accommodations Request Updates
PROJECT DESCRIPTION
The proposed amendments are City -initiated to accomplish the following:
• Update the reasonable accommodation request form and require applicants to
recertify on an annual basis that the accommodation is still needed.
REQUIRED FINDINGS
LDR Section 2.4. 5(M)(5)(Findings): Pursuant to LDR Section 2.4. 5(M)(5)(Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable Policy was noted:
Future Land Use Element Objective A-5 The City shall maintain its Land
Development Regulations, which shall be regularly reviewed and updated, to provide
streamlining of processes and to accommodate planned unit developments (PUD),
mixed-use developments, and other innovative development practices.
The purpose of the proposed amendment is one of maintaining and updating the LDRs.
Specifically, the amendment is required to bring the LDRs into compliance with recent
federal case law. It is noted that while compliance with federal case law is not
specifically mentioned in the Goals, Objectives, and Policies of the Comprehensive
Plan, this is understood. Based on the above, a positive finding can be made that the
amendment is consistent with and further the Goals, Objectives, and Policies of the
Comprehensive.
ALTERNATIVE ACTIONS
A. Move to continue with direction.
B. Move a recommendation of approval to the City Commission to adopt the
proposed City -initiated amendments (as provided in the attached Ordinance No.
03-17) to the LDRs, by amending Section 2.4.7(G) to update the reasonable
accommodation request form; require annual recertification of continued need for
accommodation by adopting the findings of fact and law contained in the staff
report, and finding that the text amendment and approval thereof is consistent
with the Comprehensive Plan and meets the criteria set forth in LDR Section
2.4.5(M).
C. Move a recommendation of denial to the City Commission to adopt the proposed
City -initiated amendments (as provided in the attached Ordinances No. 34-16
and 03-17) to the LDRs, by amending Section 2.4.7(G) to update the reasonable
accommodation request form; require annual recertification of continued need for
accommodation. In addition, amendments are proposed to update definitions of
Medical Office, Non-residential Licensed Service Provider, and deleting obsolete
2
Planning and Zoning Board Staff Report of December 19, 2016
Reasonable Accommodations Request Updates
definitions, by adopting the findings of fact and law contained in the staff report,
and finding that the text amendment and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M).
RECOMMENDED ACTION
Recommend to the City Commission to adopt the proposed City -initiated amendments
(as provided in the attached Ordinance 03-17) to the LDRs, by amending Section 2.4.7
to update the reasonable accommodation request form and require annual
recertification of continued need for accommodation by adopting the findings of fact and
law contained in the staff report, and finding that the text amendment and approval
thereof is consistent with the Comprehensive Plan and meets the criteria set forth in
LDR Section 2.4.5(M).
Staff Report Prepared by: Tim Stillings, AICP
Attachments:
• Ordinance No. 03-17: AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS, BY AMENDING SECTION 2.4.7(G), "REQUESTS FOR
ACCOMMODATION"- SUBSECTIONS (1), "PURPOSE" (5), "NOTICE OF
PROPOSED DECISION'; (6), "APPEAL'; AND (8), "REQUEST FORM FOR
REASONABLE ACCOMMODATION'; TO UPDATE AND CLARIFY SAME;
ENACTING A NEW SUBSECTION 2.4.7(G)(10), "RECERTIFICATION" TO
PROVIDE FOR ANNUAL RECERTIFICATION OF REASONABLE
ACCOMMODATIONS, ENACTING A NEW SUBSECTION 2.4.7(G)(11),
"SEVERABILITY" TO PROVIDE FOR SEVERABILITY; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
• Application Form to Request a Reasonable Accommodation
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