13-033 1 ORDINANCE 13 -033
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA AMENDING PART III, LAND
5 ; DEVELOPMENT REGULATIONS, CHAPTER 2, "LAND
6 ,1 DEVELOPMENT PROCESS ", ARTICLE I, TABLE 2 -1 AND ARTICLE
7 II, "PLANNING AND ZONING DIVISION SERVICES ",
8 1 ESTABLISHING THE NECESSARY PROCESS TO CONSIDER AND
9 ( ACT UPON APPEALS FOR REASONABLE ACCOMMODATIONS IN
10 RULES, POLICIES, PRACTICIES OR SERVICES TO AFFORD
11 ELIGIBLE INDIVIDUALS THE EQUAL OPPORTUNITY TO USE AND
12 ENJOY HOUSING AS REQUIRED BY THE AMERICANS WITH
13 DISABILITIES ACT (ADA) AND /OR THE FAIR HOUSING ACT (FHA);
14 PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND
15 EFFECTIVE DATE.
16
17 WHEREAS, the purpose of this amendment is to implement a procedure for
18 processing requests for reasonable accommodation to the City's Code of Ordinances, Land
19 Development Regulations, Rules, Policies and Procedures for persons with disabilities as
20 provided by the Federal Fair Housing Amendments Act and /or Title II of the Americans with
21 disabilities Amendments Act; and
22 WHEREAS, staff recommends the adoption of the amendments to the Land
23 Development Regulations Chapter 2, Articles I and II establishing the necessary process to
24 consider and act upon appeals for reasonable accommodations in rules, policies, practices or
25 services to afford eligible individuals the equal opportunity to use and enjoy housing as
26 required by the Americans with Disabilities Act (ADA) and /or the Fair Housing Act (FHA).
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA:
29 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
30 ratified and confirmed by the City Commission.
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1 { Section 2. That Part III, "Land Development Regulations ", of the City of Boynton
2 Beach is hereby amended as follows:
3 Chapter 2, Article I, Table 2 -1, where in all processes administered by the Department
4 are summarized. (See Attachment)
5
6 I Section 3. That Part III, Chapter 2, "Land Development Regulations ", of the City of
7 Boynton Beach Article II, Section 4, Relief Regulations is hereby amended to add a new
8 ; Section F, as follows:
9 Section F. Requests for Accommodation
10
11 1. General
12
13 a. Purpose & Intent. The purpose of this section is to implement a procedure
14 for processing requests for reasonable accommodation to the City's Code of
15 Ordinances, Land Development Regulations, Rules" Policies. and Procedures for
16 persons with disabilities as provided by the federal Fair Housing Amendments Act
17 (42 U.S.C. 3601. et. seq.) ("FHA ") and /or Title 11 of the Americans with Disabilities
18 Amendments Act (42 U.S.C. Section 12131, et. seq.) ( "ADA ").
19
20 b. Applicability. Any person who is disabled. or qualifying entities. may request
21 a reasonable accommodation with respect to the City's Land Development
22 Regulations, Code of Ordinances. rules, policies. practices and /or procedures as
23 provided by the FHA and the ADA pursuant to the procedures set out in this
24 ordinance. For purposes of this section. a "disabled person" is an individual that
25 qualifies as disabled and/or handicapped under the FHA and /or ADA. The word
26 "individual" shall include. for purposes of this section. multiple people" or qualified
27 entities.
28
29 c. Notice to the Public of Availability of Accommodation. The City shall
30 endeavor to provide notice to the public. advising that a disabled person may request a
31 Reasonable Accommodation. Such notice may include. but is not limited to.
32 displaying a notice in the City "s public notice bulletin board and to maintain copies
33 available for review in the Planning and Zoning Division, the Building Division" and
34 the City Clerk's Office upon request. and advising that the public disabled person may
35 request a reasonable accommodation as provided herein.
36
37 2. Submittal Requirements. A request by an Applicant for reasonable accommodation
38 under this section shall be either oral or written. A written request may be submitted by
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1 ' completion of a reasonable accommodation request form, which form is maintained by (and
2 shall be submitted to) the Planning and Zoning ("P &Z ") Division of the Department of
3 Development or other designee. The reasonable accommodation form shall contain such
4 questions and requests for information as are necessary for processing the reasonable
5 accommodation request. The reasonable accommodation request form shall be substantially
6 in the form set forth in Subsection 3, below. The following considerations shall be applicable
7 for any application, information or documentation required:
8
9 a. Confidential Information. Should the information submitted by the disabled
10 person to the City include medical information or records. including records indicating
11 the medical condition, diagnosis, or medical history of the disabled person, such
12 disabled person may. at the time of submitting such medical information. request that
13 the City, to the extent allowed by law, treat such medical information as confidential
14 information of the disabled person The City shall thereafter endeavor to provide
15 written notice to the disabled person and /or their representative, of any request
16 received by the City for disclosure of the medical information or documentation which
17 the disabled person has previously requested he treated as confidential by the City.
18 The City will cooperate with the disabled person to the extent allowed by law, in
19 actions initiated by such disabled person, to oppose the disclosure of such medical
20 information or documentation. but the City shall have no obligation to initiate,
21 prosecute or pursue any such action. or to incur any legal or other expenses (whether
22 by retention of outside counsel or allocation of internal resources) in connection
23 therewith, and may comply with any judicial order without prior notice to the disabled
24 person. This subsection shall be subject to local, state, and federal revisions to privacy
25 laws, including but not limited to the Health hlsurance Portability and Accountability
26 Act (HIPAA), as it may be amended from time to time.
27
28 h. Address of Applicant /Address of Housing. Unless governed by 42 USC
29 290dd. in which case the address shall not be required. the applicant may be requested
30 to provide documentation to substantiate a claim for verifying applicability.
31
32 c. Fee. There shall be no fee imposed by the City in connection w ith a request
33 for reasonable accommodation under this section or an appeal of a determination on
34 such request to the City Commission. and the City shall have no obligation to pay a
35 requesting party's, or an appealing party's, as applicable. attorneys' fees or costs in
36 connection with the request. or an appeal.
37
38 d. City Assistance. The City shall provide such assistance and accommodation
39 as is required pursuant to FHA and ADA in connection with a disabled person's
40 request for reasonable accommodation. including, without limitation. assistance with
41 reading application questions. responding to questions. completing the form, filing an
42 appeal, and appearing at a hearing, to ensure the process is accessible.
43
44 e. Findings for Reasonable Accommodation.
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2 (1) In determining whether the reasonable accommodation request shall be
3 I granted or denied, the requesting party shall be required to establish that they
4 are protected under the FHA and /or ADA by demonstrating that they are
5 handicapped or disabled. as defined in the FHA and /or ADA. Although the
6 definition of disability is subject to judicial interpretation. for purposes of this
7 ordinance the disabled individual must show:
8
9 (i) a physical or mental impairment which substantially limits one
10 or more major life activities:
11 (ii) a record of having such impairment: or
12 (iii) that they are regarded as haying such impairment.
13
14 (2) The requesting party will then have to demonstrate that the proposed
15 accommodations sought by the requesting party are reasonable and necessary
16 to afford handicapped and /or disabled persons equal opportunity to use
17 and enjoy housing.
18
19 (3) The foregoing (as j udicially interpreted) shall be the basis for a decision
20 upon a reasonable accommodation request made by the applicant to the
21 Planning & Zoning Director. or his /her designee, or b} the Building Board of
22 Adjustment and Appeals in the event of an appeal.
23
24 f. Action by Appropriate City Official. A written determination shall be issued
25 by the Planning Director, or his or her designee. within fortv -five (45) days of receipt
26 of an application determined to be sufficient.
27
28 (1) If reasonably necessary to reach a determination on the request for
29 reasonable accommodation. the Planning & Zoning Director, or his /her
30 designee, ma), prior to the end of said forty -five (45) day period. request
31 additional information from the requesting party. specifying in sufficient detail
32 what information is required
33
34 (2) The requesting party shall have fifteen (15) days after the date of the
35 request for additional information to pros ide the requested information. In the
36 event a request for additional information is made, the forty -five (45) day
37 period to issue a written determination shall no longer be applicable, and the
38 Planning & Zoning Director. or his /her designee. shall issue a written
39 determination within thirty (30) days after receipt of the additional
40 information.
41
42 (3) If the requesting party fails to provide the requested additional
43 information within said fifteen (15) day period, the Planning & Zoning
44 Director, or his/her designee. shall issue a written notice advising that the
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1 requesting part\ had tailed to timely submit the additional information and
2 therefore the request for reasonable accommodation shall be deemed
3 abandoned and /or withdrawn and no further action by the City with regard to
4 said reasonable accommodation request shall be required.
5
6 g. Notice of Proposed Decision. The Planning & Zoning Director, or his /her
7 designee, shall have the authority to consider and act on requests for reasonable
8 accommodation. When a reasonable accommodation request form has been
9 completed and submitted to the Planning and Zoning Division, it will be referred to
10 the Planning & Zoninu Director. or his /her designee, for review and consideration.
11 The Planning & Zoning Director. or his /her designee, shall issue a written
12 determination within forty -five (45) days of the date of receipt of a completed
13 application and may. in accordance with federal law:
14
15 (1) grant the accommodation request;
16 (2) grant a portion of the request and deny a portion of the request, and /or
17 impose conditions upon the grant of the request; or
18 (3) denv the request. in accordance with federal law.
19
20 Any such denial shall be in writing and shall state the grounds therefore. All written
21 determinations shall give notice of the right to appeal to the Building Board of
22 Adjustment and Appeals. The notice of determination shall be sent to the requesting
23 party. i.e. the disabled individual or his/her representative. by certified mail, return
24 receipt requested.
25
26 h. Appeal. Within thirty (30) dabs after the Planning & Zoning Director, or
27 his /her designee "s, determination on a reasonable accommodation request is mailed to
28 the requesting party, such applicant may appeal the decision. All appeals shall contain
29 a statement containing sufficient detail of the grounds for the appeal. Appeals shall be
30 to the Building Board of Adjustment and Appeals which shall. after public notice to
31 the parties and a public hearing for appeal, render a written determination as soon as
32 reasonably practicable. but in no event later than sixty (60) days after an appeal has
33 been filed. The decision of the Building Board of Adjustment and Appeals shall be a
34 final determination, subject only to appeal by petition of certiorari to the Fifteenth
35 (I 5 Judicial Circuit Court. pursuant to all applicable local and state laws and
36 standards governing petitions for certiorari.
37
38 i. Stay of Enforcement. While an application for reasonable accommodation, or
39 anappeal of a determination of same. is pending before the City. the City will not
40 enforce the subject zoning ordinance, rules. policies, and procedures against the
41 applicant.
42
43 3. Request Form for Reasonable Accommodation.
44
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1 11 a. Contents of Reasonable Accommodation Request Form. The contents of a
2 reasonable accommodation request form shall contain the following items, to the
3 extent provided by law:
4
5 (1) Name and contact information of the applicant
6 (2) Description of property at which reasonable accommodation is
7 requested. including the address of such location:
8 (3) Description of the accommodation and the specific regulation(s) and /or
9 procedure(s) from which accommodation is sought;
10 (4) Reasons the accommodation may be necessary for the Applicant or the
11 individuals with disabilities seeking the specific accommodation, and if
12 relating to housing. why the requested reasonable accommodation is necessary
13 to use and enjoy the housing:
14 (5) Description of the qualifying disability or handicap:
15 (6) Other relevant information pertaining to the disability or property that
16 may be needed by the City in order for it to be able to evaluate the request for
17 reasonable accommodation.
18 (7) Signature of applicant:
19 (8) Date of application.
20
21 4. Expiration of Approvals. Approvals of requests for reasonable accommodation shall
22 expire within one hundred eighty (180) days if not implemented.
23
24
25 Section 4. All prior ordinances or resolutions or parts thereof in conflict herewith are
26 hereby repealed to the extent of such conflict.
27 Section 5. If any section, sentence, clause, or phrase of this Ordinance is held to be
28 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
29 way affect the validity of the remaining portions of this Ordinance.
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FIRST READING this lq day of NO V . , 2013.
rd
SECOND AND FINAL READING ADOPTED this day of - Dec. , 2013.
CITY OF BOYNTON BEACH, FLORIDA
31 - a.* 7T:
favor eny ! ylor
1 Vice Mayor — Woodrow L. ay
1 \
1.
1 %. ■ thliAls....._
1 Commis 'oner — avid T. ker
1'
1: _ / 4
1
1: C missioner — Michael' Fitzpatric
1'
21
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2 1 'k-
2 - C missioner — Joe Casello
2 ATTEST:
2
2'
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2: 1111111%.... , . . PA-CILI.K
2 M. Prainito, MMC
2: Clerk
2'
31 G � - c Y ,o,�
3
3- (• ,•at
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ATTACHMENT
Part III. Land Development Regulations, Ch. 2, Art. I, Sec. 2.A
Revised Table 2 -1
REVIEWING PUBLIC
APPLICATION TYPE CODE AUTHORITY APPROVING HEARING
SECTION AUTHORITY
(STAFF) REQUIRED?
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Standard Applications
Annexation Art II, Director of CC Yes
Section 2.A P &Z
Comprehensive Plan
Amendment
Text Art II, City Initiated Only
Section 2.B.2
Future Land Use Map Art II, Director of CC Yes
(FLUM) Section 2 B.3 P &Z
Conditional Use Art II,
Section 2.0 Director of
Conditional Use Time Art II, P &Z CC Yes
Extension Section 2.C.6
Rezoning Art II,
Section 2.E
Master Plan (New) Article II,
Section 2.E.7 CC Yes
Director of
Article II,
Master Plan P &Z
Section
Modification (Major) 2.E.7.h
Article II,
Master Plan Director of
Modification (Minor) 2 Etion No
P &Z
Art II, Director of Director of
Sign Program Section 2.F P &Z P &Z No
Site Plan (New) Art II,
Section 2.G
Site Plan Time Art II, CC Yes
Extension Section 2.G.6 Director of
Site Plan Modification P &Z
(Major) _ Art 11,
Site Plan Modification Section 2.G.7 Director of ! No
(Minor) P &Z
Vacation and Art II, Director of CC Yes
Abandonment Section 2.H P &Z
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Planned Industrial Development (PID) Applications
Master Site Plan (New) Art II,
PID Zoning District Only Section 3.A CC Yes
Master Site Plan Director of
Modification, Major Art II, P &Z
Master Site Plan Section 3.A.7 Director of No
Modification, Minor P &Z
Technical Site Plan (New) Art I1, Director of Director of
No
PID Zoning District Only Section 3.B P &Z P &Z
Technical Site Plan
Modification, Major Art II,
Technical Site Plan Section 3 B.6
Modification, Minor
Use Approval Art II, Director of CC Yes
Section 3 C P &Z
Art II, Director of Director of
Waiver Section 3.D. P &Z P &Z Yes
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Relief Applications
Administrative Adjustment Art II, Director of Director of No
Section 4.A P &Z P &Z
Community Design Appeal Art II, Director of CC Yes
Section 4.B P &Z
Height Exception Art II, Director of CC Yes
Section 4.0 P &Z
Reasonable Art II. Director of Director of No
Accommodation Section 4.F P &Z P &Z
Variance to Land Art II, Director of CC Yes
Development Regulations Section 4.D P &Z
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Permit Applications
Clearing and Grubbing Art II, Director of Director of No
Permit Section 5.A P &Z P &Z
Sign Permit Art II, Director of Director of No
Section 5.B P &Z P &Z
Zoning Permit Art II, Director of Director of No
Section 5.0 P &Z P &Z
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Other Applications
Certificate of Conformity Art II, Director of Director of No
Section 6.A P &Z P &Z
Mobile Vender Approval Art II, Director of CC No
Section 6.B P &Z
Sidewalk Cafe Approval Art 1I, Director of CC No
Section 6.D P &Z
Wireless Communication
Facilities- New Tower Art II, Director of
Co- location CC ?
Revised Lease - Section 6.E P &Z
Agreement
ARTICLE III. ENGINEERING DIVISION SERVICES
Preliminary Plat Art III, City Engineer City Engineer No
Section 2
Final Plat Art III, City Engineer CC Yes
Section 3
Land Development Permit Art III, City Engineer City Engineer No
(LDP) Section 4
Construction (Engineering Art III, City Engineer City Engineer No
Plans) Section 5
Right -of -Way Permits
Street Access Art Ill,
Section 6.A
Work within the ROW Article III,
Sec 6.B
Street Opening Art III,
Section 6.C, City Engineer City Engineer No
Sidewalk Permit Art III,
Section 6.D.
Removal of Plant Art III,
Material Section 6.E.
Temporary Storage of Art III,
Construction Debris Section 6.F.
Excavation Permit Art III, City Engineer City Engineer No
Section 7
Paving, Grading, and Art III, City Engineer City Engineer No
Drainage Permit Section 8
Engineering Division
Waivers
Platting Art IV,
Section 9 A
Right -of -Way Permit Art III,
Section 9.B City Engineer City Engineer No
Excavation Permit Art III,
Section 9.0
Paving, Grading, and Art III,
Drainage Section 9.D
ARTICLE IV. BUILDING DIVISION SERVICES
Building Permit Art IV, Building Building No
Section 2 Official Official
Irrigation Permit Art IV, Director of Director of No
Section 3 P &Z P &Z
Newsrack Permit Art IV, Building Building No
Section 5 Official Official
Sign Permit Art IV, Building Building No
Section 6 Official Official
ARTICLE VI. BUSINESS TAX SERVICES
Seasonal Sales Event Art VI, Business Tax Business Tax No
Approval Section 3 Manager Manager
Special Temporary Sales Art VI, Business Tax Business Tax No
Event Approval Section 4 Manager Manager