Ord 26-07
ORDINANCE N0.26-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO,
"ADMINISTRATIVE PROVISIONS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY ENACTING SECTION 2.4.7(G), "REQUESTS FOR
REASONABLE ACCOMMODATION", IN ORDER TO PROVDIE
PROCEDURES FOR HANDLING AND PROCESSING REQUESTS
FOR ACCOMMODATION FROM THE LAND DEVELOPMENT
REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public hearing held on July 16, 2007 and voted 4 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 Agenry, has determined that the change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; and
WHEREAS, in connection with the litigation styled Je~y O., et al, yr City of Boca Raton, Case No. 03-
80178, the plaintiffs asserted, among other things, that they were entitled to "reasonable accommodations"
from the application and enforcement of certain provisions of the City of Boca Raton's Code of
Ordinances; and
WHEREAS, "reasonable accommodation" is a statutorily established method by which an
individual who is disabled and/or handicapped (as those terms are defined in Title II of the Americans with
Disabilities Act and/or the Fair Housing Amendments Act, hereafter "disabled"), or a provider of services
to the disabled qualifying for reasonable accommodations under the referenced statutes, can request a
modification or alteration in the application of a specific Code provision, rule, polity, or practice, to them.
The proposed accommodation sought by the disabled individual must be reasonable and necessary to afford
such person an equal opportunity to use and enjoy housing; and
WHEREAS, the City 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., et. al. v. City of Boca
Raton, Case No. 80178, 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 (provided that such procedures to be codified shall be
supplemental to the City's existing procedures to address access and/or structural obstacles at City facilities
that are coordinated through the City's ADA compliance officer); and
WHEREAS, the Ciry intends these reasonable accommodation procedures to be applicable to the
City's ordinances and Land Development Regulations, rules, policies, practices and services so as to afford a
disabled person the opportunity to use and enjoy a dwelling, including, without limitation, the regulations
pertaining to LDR Section 4.3.3 (D), "Residential and Nonresidential Licensed Service Provider Facilities"
and the definition of "family" contained in Appendix "A" to the Land Development Regulations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 2.4.7(G), "Requests for Reasonable Accommodation", shall be enacted
to read as follows:
~Gl Requests for Accommodation.
(1) Purpose. 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; ("FHA's and Title II of the Americans with Disabilities Act X42 U.S.C.
Section 12131, et. seq~ ("ADA"). For purposes of this section, a "disabled" person
is an individual that qualifies as disabled and/or handicapped under the FHA and/or
ADA. Andperson 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.
(21 Notice to the Public of Availability of Accommodation. The City shall display
a notice in the Cit.X's public notice bulletin board (,end shall maintain copies available
for review in the Planning and Zoning Department, the Building Department. and
the City Clerk's Officel. advising the public disabled individuals (and qualifying
entities~y request a reasonable accommodation as provided herein.
(31 Aptilicadon. A request by an Applicant for reasonable accommodation under this
section shall be either oral or written. A written request may be submitted by
completion of a reasonable accommodation request form. which form is maintained
~y (and shall be submitted to the Department of Planning and Zoning l"PBcZ"1.
The reasonable accommodation form shall contain such questions and requests fox
information as are necessary for~rocessing the reasonable accommodation request.
The reasonable accommodation request form shall be substantially in the form set
forth in Subsection 2.4.7~G1 (8~,T, below.
~a) Confidential Information. Should the information provided by the
disabled individual to the City include medical inform ~r r o s
including records indicating the medical condition. diag~_ _~s or medical
ORD. N0.2G-07
history of the disabled individual. such individual maX, 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. and/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 Ci .The City will cooperate with the disabled
individual. to the extent allowed by law, in actions initiated by such individual
to oP.Pose 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 comely with anv iudicial order without prior notice to the disabled
fib) Fee. There shall be no fee im o sed by the City in connectio n with a
rgquest for reasonable accommodati on under this se ction or an ap peal of a
determuiation on such request to the City Council, an d the City sha ll have no
obligation to Pav~c,~uesting~arty' s (or an aPPealin g~arty's, as a pplicable)
attorneys fees or costs in connection with the request. or an appeal.
~~--C~ 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
'tation, assistance with reading application questions, responding to
questions, comnletine the form. _ fi~ing_an anneal. and annearine at a hearing.
s
j 4) Findings for Reas onable Accommodati on. In deter mining whe ther the
reasonable accommo dation request shall be g ranted or denied. the request ing p~3'
shall be required to e stablish that they are pr otected under th e FHA and /or ADA
by demonstrating
th at they are handicapped or disabled. as defined in the FHA
_
and/or ADA. Alt hough the definition of disability is subject to judicial
~z
interpretation. for P poses of this ordinance the disabled indi vidual must show: (
i)
,
a physical or mental impairment which subst antially limits on e or more ,
maior life
activities• ~) a record of having such impair ment• or (iii that they are re garded as
having such impairm ent Next. the requesti ngy will have to demons trate that
the proposed accom modations being sought are reasonable an d necessary to afford
handicapped/disable d persons equal opportunity to use and e njoy housi ng The
foregoing (as interpr eted by the Courts sha ll be the basis fo r a decisio n u on a
reasonable accommo dation request made bT t he Ci Manager or his/her designee.
or by the Ci Comm ission in the event of an atiPeal.
ORD. N0.26-07
j5~ Notice of Proposed Decision. The City Manages. or his/her designee, shall have
the authority to consider and act on requests for reasonable accommodation. after
notice and public hearing to receive comments, input and information from the
public provided, however. the City Manager, or his/ her designee. shall not be
required to render their decision a t said public he aring). When a reasonable
accommodation request form has be en completed and submitted to the Planning
and Zoning
Departmen it will be refe rred to the City M anager, or his/her designee,
_
for review and consideration. The C ity Manager. or hi s/her designee. shall issue a
written determination within forty-fi ve 451 days of the date of receipt of a
completed application and maX, in accordance with federal law. (1) grant the
accommodation request. 2 Brant a po rtion of the request and deny a portion of the
rgquest< and/or impose conditions u pon the grant of t L eny the
he request, or (~
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 determinatio n shall be sent to the requesting party (i.e. the
disabled individual or his/her repr esentative) by ce rtified mail, return receipt
requested. If reasonably necessary t o reach a determ ination on the request for
reasonable accommodation, the Ci Manager. or his/he r designee, may. prior to the
end of said forty-five (45) day nT od, request additi onal information from the
rgquesting
l~y. ~peci 'gin suffici ent detail what in formation is required. The
-
arty shall have fifteen
requesting
p (15Ldays after th e date of the request for
_
_
additional information to provide the reauested informa tion In the event a request
for additional information is made. th e forty-five (45) d ay period to issue a written
determination shall no longer be ~p uh
'cable and the City Manages or his/her
designee shall issue a written determ ~
ination within thi rtyT) days after receipt of
the additional information If the re questing n r y fai ls to provide the requested
additional information within said fi e
fteen (15) dam u ri°d the City Manager or
his/her desi~ee shall issue and writte T
n notice advising that the requesting_pa~y had
failed to timed submit the additional information an d therefore the request for
reasonable accommodation shall be d eemed abandoned and/or withdrawn and no
further action by the City with r ~gar d to said reasona ble accommodation request
shall be required.
(6) Appeal Within thirty (30) days aft
er the Cily Mana
ger's or his/her designee's
determination on a reasonable accom modation request is mailed to the requesting
party such applicant may appeal the decision All appe als shall contain a statement
containing sufficient detail of the ,gro unds for the appe al Appeals shall be to the
~~ Commission who shall after p ublic notice and a vublic hearinP render a
determination as soon as reasonably o cticable, but in no event later than sixt~(60~
ra
,~
days after an anneal has been filed.
ORD. NO.26-07
(~ Stay of Enforcement. While an application for reasonable accommodation or
a.~.peal of a determination of same, is pending before the City the City will not
enforce the subject zonine ordinance. rule, policies and procedures aeactst the
Annlicant.
r~
(8) Request Form for Reasonable Accommodation.
j~ Contents of Reasonable Accommodation Request Form:
1.
2. Telephone Number.
3. Address.
4. Address of housine or other location_ ~_which accommodation
5.
G. Describe the accommodation and the specific re tion(s) and/or
procedure(~s,) from which accommodation is sought,
7. Reasons the reasonable accommodation may be necessary for the
individual with disabilities to use and enjQv thehousing or other
service,
8 Name address and telephone number of representative if applicable
9. Other relevant information pertaining to the disability or prop.
10 Signature of Disabled Individual or Representative if applicable or
Quahfy,~g Entity,
11. Date of Application.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause 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 hereof other than the part
declared invalid.
Section 3. That all ordinances or parts of ordinances in conIIict herewith be, and the same are
hereby repealed.
5 ORD. N0.26-07
Section 4. That this ordinance shall become effective upon its passage on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 4~ day of
September, 2007.
ATTEST:
~~ ~~
MAYOR
~.
City Clerk ~n~-~
First Reading ~ ~~ `-' 1
Second Reading ~ ~~
6 ORD. N0.26-07
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM:
SUBJECT:
DATE: AUGUST 29, 2007
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading for a City initiated amendment to the Land
Development Regulations (I.DR), enacting Section 2.4.7(G), "Requests for Reasonable
Accommodation", to provide procedures for handling and processing requests for accommodation
from the Land Development Regulations.
BACKGROUND
At the first reading on August 21, 2007, the Commission passed Ordinance No. 26-07.
RECOMMENDATION
Recommend approval of Ordinance No. 26-07 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinar~ce Agenda Memos\Ocd 26-07 Request for Reasonable A«ommodation 09.04.07.doc
ORDINANCE NO. 26-07 -CITY INITIATED AMENDMENT TO LDR
ENACTING SECTION 2.4.71G), "REQUESTS FOR REASONABLE
ACCOMMODATION"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~~~
SUBJECT: AGENDA ITEM # ~ O • F -REGULAR MEETING OF AUGUST 21, 2007
ORDINANCE NO. 26-07 -CITY INITIATED AMENDMENT TO LDR
ENACTING SECTION 2 4 7(Gl "REOUESTS FOR REASONABLE
ACCOMMODATION"
DATE: AUGUST 17, 2007
ITEM BEFORE COMMISSION
This ordinance is before Commission was scheduled for second reading on the August 21, 2007
Regular Commission Meeting for a City initiated amendment to the Land Development Regulations
(LDR), enacting Section 2.4.7(G), "Requests for Reasonable Accommodation", to provide procedures
for handling and processing requests for accommodation from the City's Code. However, a change
to the ordinance will require the item to be moved to First Readings on the August 21, 2007 Regular
Commission Meeting Agenda.
BACKGROUND
At the first reading on July 24, 2007, the Commission passed Ordinance No. 26-07. After the first
reading, the City Attorney's Office made a change to Section 2.4.7(G)(3) to include the word, "oral"
to allow for oral and written requests for reasonable accommodation. This change will require a new
First Reading on the August 21, 2007 agenda.
FUNDING SOURCE
N/A
RECOMMENDATION
Recommend approval of First Reading of Ordinance No. 26-07.
S:\City Ckrk\AGENDA COVER MEMOS\Ordimnm Agmda Memos\Ord 26-07 Amend LDR Sec 24.7G Requenb for Aeasonabk Aceommodatian.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: RONALD HOGGARD, AICP, PRINCIPAL PLANNER~~~
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
~~~ `mil ~~~
THROUGH: CITY MANAGER
~rss~i~C/~
DATE: JULY 17, 2007
SUBJECT: AGENDA ITEM # ~ ~ • y -REGULAR MEETING OF JULY 24, 2007
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), ENACTING SECTION 2.4.7(G)
"REQUESTS FOR REASONABLE ACCOMMODATION," TO PROVIDE
PROCEDURES FOR HANDLING AND PROCESSING REQUESTS FOR
ACCOMMODATION FROM THE CITY'S CODE
ITEM BEFORE COMMISSION
The item before the Board is that of approval of aCity-initiated amendment to the Land
Development Regulations to provide procedures for handling and processing requests for
accommodation from the City's Code.
BACKGROUND
The purpose of enacting LDR Section 2.4.7.(G) "Requests for Reasonable Accommodation" is
to implement a procedure for processing requests by any person who is disabled (or qualifying
entity} for reasonable accommodation with respect to the City's Land Development Regulations,
Code of Ordinances, rules, policies, practices and/or procedures as provided by the Fair
Housing Amendments Act (FHA) and the Americans with Disabilities Act (ADA). These changes
to the LDRs are being enacted in light of recent federal case law that states that a means must
be provided by which disabled individuals may request an accommodation from the City's Code
instead of having to seek a variance, which is likely to place a more onerous burden upon them
than upon anon-disabled individual. Additional background and analysis is provided in the
attached Planning & Zoning Board Staff Report.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on July 16, 2007. No
one from the public spoke on the issue. The Board recommended approval on a 4 to 0 vote
(Glickstein, Perez-Azua and Pike absent), by adopting the findings of fact and law contained in
the staff report and finding that the amendment is consistent with the Comprehensive Plan and
meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 26-07, amending the Land Development
Regulations (LDR) by enacting Section 2.4.7(G) "Requests for Reasonable Accommodation" to
provide procedures for handling and processing requests for accommodation .from the City's
Code, by adopting the findings of fact and law contained in the staff report and finding that the
request is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations, with second reading to occur on August 7,
2007.
Attachments:
• Ordinance No. 26-07
^ Planning & Zoning Staff Report of July 16, 2007
ORDINANCE NO.26-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO,
"ADMINISTRATIVE PROVISIONS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY ENACTING SECTION 2.4.7(G), "REQUESTS FOR
REASONABLE ACCOMMODATION", IN ORDER TO PROVDIE
PROCEDURES FOR HANDLING AND PROCESSING REQUESTS
FOR ACCOMMODATION FROM THE LAND DEVELOPMENT
REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTNE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public hearing held on July 16, 2007 and voted 4 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, in connection with the litigation styled Jemmy O., et al, yr City of Boca Raton, Case No. 03-
80178, the plaintiffs asserted, among other things, that they were entitled to "reasonable accommodations"
from the application and enforcement of certain provisions of the City of Boca Raton's Code of Ordinances;
and
WHEREAS, "reasonable accommodation" is a statutorily established method by which an individual
who is disabled and/or handicapped (as those terms are defined in Title II of the Americans with Disabilities
Act and/or the Fair Housing Amendments Act, hereafter "disabled"), or a provider of services to the disabled
qualifying for reasonable accommodations under the referenced statutes, can request a modification or
alteration in the application of a specific Code provision, rule, policy, or practice, to them. The proposed
accommodation sought by the disabled individual must be reasonable and necessary to afford such person an
equal opportunity to use and enjoy housing; and
WHEREAS, the City 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., et. al. v. City of Boca Raton,
Case No. 80178, 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 (provided that such procedures to be codified shall be supplemental to the City's
existing procedures to address access and/or structural obstacles at City facilities that are coordinated through
the City's ADA compliance officer); and
WHEREAS, the City intends these reasonable accommodation procedures to be applicable to the
City's ordinances and Land Development Regulations, rules, policies, practices and services so as to afford a
disabled person the opportunity to use and enjoy a dwelling, including, without limitation, the regulations
pertaining to LDR Section 4.3.3 (D), "Residential and Nonresidential Licensed Service Provider Facilities" and
the definition of "family" contained in Appendix "A" to the Land Development Regulations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 2.4.7(G), "Requests for Reasonable Accommodation", shall be enacted to
read as follows:
(G) Requests for Accommodation.
(1)~P rose. The pose of this section is to implement a procedure for processing
requests for reasonable accommodation to the City's Code of Ordinances, Land
Development Re lions, Rules Policies. and Procedures for persons with disabilities
as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3601. et. sec.
("FHA's and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131.
et. secl.),~"ADA' , . For p~poses 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 Re lions, 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.
~2.~ Notice to the Public of Availability of Accommodation. The City shall display a
notice in the City's public notice bulletin board (and shall maintain copies available for
review in the Planning and Zoning Department. the Building Department, and the City
Clerk's Office, , advising the public disabled individuals (and qualifying entities) may
request a reasonable accommodation as provided herein.
(3) A~lication. A request by an Ap plicant for reasonable accommodation under this
section shall be either oral or written. A written request may be submitted by
completion of a reasonable a ccomm odation request form, which form is maintained by
hand shall be submitted to) the De partment of Planning and Zoning (~'1. The
reasonable a ccommodation form shall contain such questions and requests for
information a s are necessar y for processing the reasonable accommodation request.
The reasonab le accommodat ion req uest form shall be substantially in the form set forth
in Subsection 2.4.7(Gl (8). be low.
(a1 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
ORD. N0.26-07
individ such individual may, at the time of submitting such medical
information, request that the Citv. 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, and/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 Ci .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 complv~y iudicial order without prior
notice to the disabled individual.
(b) Fee. There shall be no fee imposed by the Ci in connection with a request
for reasonable accommodation under this section or an appeal of a
determination on such request to the City Council, and the City shall have no
obligation to p~av a reguesting_p~y's (or an appealing~artv's, as applicable)
attorneXs fees or costs in connection with the request, ox an appal.
~~C~ Assistance. The City shall provide such assistance and accommodation as
is required pursuant to FHA and ADA in connection with a disabled person's
rgquest fox reasonable accommodation, including, without limitation, assistance
with reading au~nlication questions, responding to questions, completing the
form. filing an appeal. and atipearing at a hearing. etc., to ensure the process is
~.~,ssible•
~) Findin¢s for Reasona ble Accom modation. In determining wheth er the reasonable
accommodation reque st shall be granted or denied, the requestin g pay shall be
required to establish that they a re protected under the FHA and/or ADA by
demonstrating that the y are handic apped or disabled, as defined in the FHA and/or
ADA. Although the definition of disability is subject to judicial i ntemretation, for
p
~poses of this ordina nce the disa bled individual must show: (i~ a p hysical or mental
,
impairment which subs tantially limi ts one or more major life activiti es: (ii) a record of
having such impairme nt: or(~i th at they are regarded as having such impairment.
Next, the requestin ~y wi
g p ll have to demonstrate tha t the proposed
accommodations bei .
ng sought are reasonable and neces sary to afford
handicapped/disabled persons equ al opportunity to use and eniov ~ using The
foregoing (aT terpret ed by the C ourts) shall be the basis for a decision upon a
reasonable accommoda tion request made by the Ci Manages or hi s/her designee or
the Ci Commissio n in the even t of an aDOeal•
ORD. N0.26-07
(5) Notice of Proposed Decision. The Ciry Manager, or hi s/her designee, sha ll have the
authority to consider and act on requests for reasonable accommodation, a fter no tice
and Public hearing to receive comments. input and information from the Pu lic
(provided, however, the City Manage, or his/her desig #~ee, shall not be required to
render their decision at said public hearing). When a reasonable accommodat ion requ est
form has been completed and submitted to the Plannin g and Zoning Dep artmen t. it
will be referred to the City Manager, or his/her designee. for review and con sideration.
The Ciry Manager. or his/her des~mee. shall issue a writte n determination within fo rty-
five (45) days of the date of receipt of a completed applic ation and may, in accordance
with federal law,
(1~ grant the accommodation request, ?(
~ grant a portion of the requ est
,,.
,
and deny a Portion of the request, and/or impose cond itions upon the gr ant of the
request. or (~
Ldeny the request, in accordance with federa l law. An~such den ial shall be
,
in writing and shall state the grounds therefor. All wri tten determinations shall g ive
notice of the right to appeal. The notice of determination shall be sent to the request ing
Party (i.e. the disabled individual or his/her representat ive) by certified m ail ret urn
receipt requested. If reasonably necessary to reach a det ermination on the request for
reasonable acc ommo dation, the Ci Manager. or his/her desigz~ee, may, Prior to the
end of said forty-fi ve (45) day eriod, request additional information fro
p m the
requesting p r y. sp ~
eci a in suf ficient detail what information is require d. The
gquestinQ p sha ll have fifteen ( 15Lys after the date of the request fox ad ditional
information to provi de the requeste d information. In the event a request for ad ditional
information is made, the fo -five ( 45Ldav period to issue a written determinatio n shall
no longer be a pplica ble, and the Cit y Manager. or his/her des' ee, shall issue a written
determination within thirtyTLy s after receipt of the additional information. If the
requesting~ar t~fails to provide the requested additional information within said fifteen
(15) day p
ems , the Ci Manager. or his/her designee, shall issue and written notice
_
advising that t he req uesting~~rty ha d failed to timely submit the additional infor mation
and therefore the re quest for reaso nable accommodation shall be deemed aban doned
and/or withdr awn a nd no further action by the Ci with regard to said reas onable
accommodatio n requ est shall be req uired.
(61 Appeal. Within thirty (30) days after the Cite Manag rd's, or his/her des' ee' ,
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 Citv Commission
who shall, after Public notice and a public hearing render a determination as soon as
reasonablypracticable, but in no event later than sixry160Lys after an appeal has been
~7) Stay of En forcem ent W hile a n ap plicati on for reaso nable acco mmodation or appeal
of a determ ination of sam e, is ep nd ing be fore the C ity the Ci will not enforce the
G_labjec t zoni ng ord inan ce, r ules,.P olici es. an d procedur es against t he Applicant.
ORD. NO.26-07
(8.~ Request Form for Reasonable Accommodation.
~a~ Contents of Reasonable Accommodation Request Form:
1. Name of Applicant.
2. Telephone Number.
3. Address.
4. Address of housing or other location at which accommodation is
requested.
5. Describe q~g dis• abilit; or handicap.
6. Describe the accommodation and the specific re tion~s, and/or
procedure(,.)s from which accommodation is sough,
7. Reasons the reasonable accommodation may be necessary for the
individual with disabilities to use and enjoy the housing or other service,
8. Name, address and telephone number of representative, if applicable.
9. Other relevant information pertaining to the disability or prop
10. Signature of Disabled Individual or Representative. if applicable, or
Qum Entity.
11. Date of Application.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause 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 hereof other than the part
declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2007.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
5 ORD. N0.26-07
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: JULY 16, 2007
AGENDA NO: III. D.
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR) ENACTING SECTION 2.4.7(G)
"REQUESTS FOR REASONABLE ACCOMMODATION," TO PROVIDE
PROCEDURES FOR HANDLING AND PROCESSING REQUESTS FOR
ACCOMMODATION FROM THE CITY'S CODE
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding a City-initiated amendment to the Land Development Regulations to provide
procedures for handling and processing requests for accommodation from the City's Code.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND /ANALYSIS
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. These changes to the LDRs are being
enacted in light of recent federal case law that states that a means must be provided by which
disabled individuals may request an accommodation from the City's Code instead of having to
seek a variance. The courts have determined that to require a disabled individual to request a
variance because they are disabled is likely to place a more onerous burden upon them than
upon anon-disabled individual.
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:
III. D.
Planning and Zoning Board Memorandum Staff Report, July 16, 2007
Amendment to LDRs Pertaining to Requests for Reasonable Accommodations
Page 2
Fufure 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.
REVIEW BY OTHERS
Courfesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
• Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
ASSESSMENT AND CONCLUSION
The purpose of this City-initiated LDR text amendment is to provide procedures for the handling
and processing of requests from disabled individuals for accommodation from the City's Code,
in order to bring the LDRs into compliance with recent federal case law. Positive findings can be
made with respect to LDR Section 2.4.5(M)(5) that the proposed amendment is consistent with
and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
RECOMMENDED ACTION
Recommend to the City Commission approval of aCity-initiated amendment to the Land
Development Regulations, enacting Section 2.4.7(G) "Requests for Reasonable
Accommodation" to provide procedures for handling and processing requests for
accommodation from the City's Code, by adopting the findings of fact and law contained in the
staff report and finding that the request is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachment:
• Proposed Ordinance
s:lplanning & zoninglboardslp&z boardlldr amendment section 2.4.7(g) requests for reasonable accommodations.doc
vuww.bocanews.com • Boca Raton/DE;Iray Beach News
CITY OF OELAAY BEACH,FLORIDA
NO71CE OF PUBLIC HEARING
A PUBLIC HEARING w0I be held m
the folbwing proposed ordinances at
7:00 p.m. an TUESDAY, AUGUST 21,
2007 or at any continuation of such ,
meeting which is set by the ~,
Commissan), in the C'Ity Commission
Chambers, 100 N.W. 1st Avenue, Del-
ray Beach, Fbrida, at which time tite
City Commission will consider their
adoption. The proposed ordinances
may be inspected at the Office of the
City perk at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Fbrida, be-
tween me hoes of 0:00 a.m. and 5:00
p.m., Monday through Friday, except
holidays. All interested parties are in-
vited to attend and be heard wdh re-
spect to Itle proposed ordinances.
ORDINANCE N0.24-07
AN ORDINANCE OF THE CITY COM~
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA
TIONS OF THE CODE OF ORDI
NANCES, BV AMENDING SEC71OP
4.3.4, 'BASE DISTRICT DEVELOP
MENT STANDARDS°, SUBSECTIOP
4.3.4(K), "DEVELOPMENT STAN
DARDS MATRIX", AND SECTIOI
4.4.6, 'MEDIUM DENSITY RESIOEA
TIAL (RM) DISTRICT", SUBSECTIOI
4.4.6(A), 'PURPOSE AND INTENT
TO AOD REFERENCESTO TH
CARVER ESTATES OVERLAY DI:
TRICT AND INFILL WORKFORC
HOUSING AREA; PROVIDING
SAVING CLAUSE, A GENERAL RI
PEALER CLAUSE. AND AN EFFE(
TIVE DATE.
ORDINANCE N0.25-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH; FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA-
TIONS OF THE CODE OF ORDI-
NANCES, BY AMENDING SECTION
2.4.2, 'NOTICE REQUIREMENTS";
SECTION 2.4.3, 'SUBMISSION RE-
QUIREMENTS", SUBSECTION
2.4.3(1(), 'FEES', SUB-SUBSECTION
2.4.3(K)(i), 'DEVELOPMENT APPLI-
CATIONS', 2.4.3(K)(2), 'PLAN
CHECK FEES°, AND 2.4.3(K)(3),
'pERMR FEES", TO PROVIDE FOR
CERTAIN COSTS TO 8E PAID'BY AN
APPLICANT AND TO INCREASE
THE DEVELOPMENT APPLICATK)N,
PLAN CHECK FEES AND PERMIT
FEES CHARGED; PROVIDING A
SAVING CLAUSE, A GENERAL RE-
PEALER CLAUSE, AND AN EFFEC-
TIVE DATE.
ORDINANCE N0.26.07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER TWO, 'ADMINISTRATIVE
PROVISIONS', OF THE LAND DE-
VELOPMENT REGULATIONS OF'
THE CODE OF ORDINANCES. BY
ENACTING SECTION 2.4.7(G),
'REQUESTS FOR REASONABLE
ACCOMMODATION", IN ORDER TO
PROVIDE PROCEDURES FOR HAN-
DLING AND PROCESSING RE-~
QUESTS FOR ACCOMMODATION
FROM THE LANG DEVELOPMENT
REGULATIONS; PROVIDING A SAV-
ING CLAUSE, A GENERAL REPEAL-
ER CLAUSE, AND AN EFFECTIVE
DATE.
ORDINANCE N0.27-07
AN ORDINANCE OF THE CITY COM- j
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA-
TIONS OF THE CODE OF ORDI-,
NANCES, BY AMENDING SECTION I
4.4.13, "CENTRAL BUSINESS (CBD) ~
DISTRICT", SUBSECTION 4.4.13(D), ~I
'CONDITIONAL USES AND STRUC-
TURES ALLOWED°, TO CLARIFY
RESIDENTIAL DEVELOPMENT IS
ALLOWED AS A CONDITIONAL USE
IN THE CBO ZONED PORTION OF
THE WEST ATLANTIC AVENUE
NEIGHBORHOOD UP TO A MAXI-
MUM GF 30 UNITS PER ACRE; PROS
VIDING A SAVING CLAUSE, A GEN-
ERAL REPEALER CLAUSE, AND AN
Friday-Saturday, August 10-11, 2007 13
ORDINANCE N0. 2&07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 71, 'PARKING REGULA-
TIONS" OF THE CODE OF ORDI-%
'NANCES BY AMENDING SECTION
71.056, 'COST OF PARKING OR'
STANDING VEHICLES IN CERTAIN I
METERED SPACES", TO PROVIDE
' FOR THE METER FEE CHARGED j
AND THE PARKING LOTS AFFECT- ~
-' ED; PROVIDING A SAVING CLAUSE,
.A GENERAL REPEALER CLAUSE,
I AND AN EFFECTIVE DATE.
Please be advised mat it a Person de-
cides to appeal am/ decision made by
the City Commission with respect to
any matter considered neetdh to ensure I
I logs. such person may
That a verhaum fecord incluonewn eh
testimony and evidence up
Ithe appeal islo be bases. area such
does not provide nor p P
record pursuaN to F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle 0. Nubin, CMC
Cdy Clerk
I, Boca RatonlDel ay 8each1New007
~~
www.bocanews.com • Boca Raton/Delray Beach News -Friday-Saturday, August 2425, 2007
CRY OF DELAAY BEACH,FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on
Ne 1i71bwing proposed ordinarx~s at
7:00 p.m. on TUESDAY, SEPTEM-
BER 4, 2007 or at any continuation of
such meeting which is set by the
Commission), in the City Commisson
Chambers, 100 N.W. 1st Avenue, Del-
2y Beach, Forida, at which Gme the
City Commission wilt consider their
adopbon. The proposed ordinances
may be inspected at the Office of the
City Clerk at City Hall, 100 N.W. tst
Avenue, Delray Beach, Florida, be-
tween the hours of 8:00 a.m. and 5:00 '~
p.m., Monday through Friday, except',
hoddays. All interested parties are in-
vited to attend and be heard with re-
spect b ttteproposed ordinances.
ORDINANCE N0.2Er07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY'
BEACH, FLORIDA, AMENDING
CHAPTER TWO, 'ADMINISTRATIVE
PROVISIONS', OF THE LAND DE-
VELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, BY I
ENACTING SECTION 2.4.7(G),'
'REQUESTS FOR REASONABLE
ACCOMMODATION', IN ORDER TO
PROVIDE PROCEDURES FOR HAN-
DLING AND PROCESSING RE-
QUESTS FOR ACCOMMODATION
FROM THE LAND DEVELOPMENT
REGULATIONS; PROVIDING A SAV-
NJG CLAUSE, A GENERAL REPEAL-
ER CLAUSE, AND AN EFFECTIVE
', ORDINANCE N0.32-07
', AN ORDINANCE OF THE CITY COM-
IMISSION OF THE CITY OF DELRAY
(BEACH, FLORIDA, AMENDING
'..CHAPTER 35, 'EMPLOYEES POLI-
'CIES AND BENEFITS°, SUBHEAD-
WG °RETIREMENT PLAN', OF THE
CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING SECTION 35.097,
'RETIREMENT INCOME; BASIS,
AMOUNT AND PAYMENT, PROVID-
pVG UP TO ONE ADDITIONAL YEAR
OF CREDITED SERVICE FOR CER-
TAIN EMPLOYEES WHO ELECT TO
TERMINATE CITY EMPLOYMENT
AND RETIRE ON OR BEFORE SEP-
TEMBER 30, 2007; PROVIDING A
GENERAL REPEALER CLAUSE;A
VALIDITY CLAUSE; AND AN EF-
FECTIVE DATE.
'~ AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 96, °FIRE SAFETY AND
EMERGENCY SERVICES°, OF THE
CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY
AMENDING SECTION 96.66.
"EMERGENCY MEDICAL TRANS-
PORTATION FEES", SUBSECTION
96.66(A), TO ADJUST THE FEE
SCHEDULE FOR EMERGENCY
MEDICAL TRANSPORTATION IN AC-
CORDANCE WITH THE NATIONAL
AMBULANCE FEE SCHEDULE; PRO-
VIDING ASAVING CLAUSE, A GEN-
ERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
Please be advised that if a person de-
cides to appeal any decision made by
the City Commission with respect to
any matter considered at These hear-
ings, such person may need to ensure
that a verbatim record includes the
testimony and evidence upon which
the appeal is to be based. The City
does not provide nor prepare such
record pursuant to F.S. 266.0705.
CIN OF DELRAY BEACH
Chevelle D. Nudn, CMC ~
City Cleric '
Publish: Friday, August 24, 2007
Boca RaloroDelray Beach News
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