2016-02 Reasonable Accomodation ProcedureRESOLUTION 2016 -02
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
` NORTH PALM BEACH, FLORIDA, ESTABLISHING A PROCEDURE FOR
REASONABLE ACCOMMODATION REQUESTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village of North Palm Beach's application of its zoning and land development
regulations and related rules, policies, and practices is governed by constantly - evolving case law
addressing the rights of applicants and affected parties under the Fair Housing Act, the
Americans with Disabilities Act and other applicable state and federal regulations; and
WHEREAS, the Village Council wishes to assure that its zoning and land development
regulations treat persons with disabilities and facilities serving them in a non - discriminatory
manner while maintaining the fundamental authority of the Village's land use authority; and
WHEREAS, the adoption of a reasonable accommodation procedure will permit qualifying
individuals or entities to request, where appropriate based on the facts and the law, a modification
or "reasonable accommodation" in the application of a specific Code provision, rule, policy or
practice in accordance with state and federal law; and
WHEREAS, the proposed procedure: (a) is consistent with applicable case law and the
legislative history of the subject laws and legal precedent, which encourage local governments to
provide an accommodation procedure for claimants, and require claimants to exhaust
administrative remedies prior to filing suit; and (b) will provide the Village with the opportunity
to resolve claims related to possible unintended violations of federal and state law and to avoid
costly litigation; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified and are incorporated herein.
Section 2. The Village Council hereby authorizes the following procedure for review of
requests for reasonable accommodation:
REASONABLE ACCOMMODATION PROCEDURE
A. Purpose and general provisions.
1. This procedure addresses requests for reasonable accommodation to the
Village's zoning or land development ordinances, rules, policies, and
procedures for persons with disabilities and facilities serving them as provided
by the Federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ( "FHA "),
Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.)
( "ADA "), and other applicable state and federal regulations.
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2. The following general provisions shall be applicable:
(a) The Village shall display a notice in the Village's public notice
bulletin board (and shall maintain copies available for review in the
\ J Village Clerk's Office) advising the public that disabled individuals
and qualifying entities may request reasonable accommodation as
provided herein.
(b) A disabled individual or qualifying entity may apply for a
reasonable accommodation on his /her or its own behalf or may be
represented at all stages of the reasonable accommodation process
by a person designated in writing by the disabled individual or
qualifying entity.
(c) The Village shall provide assistance and accommodation as is
required pursuant to the FHA and ADA in connection with a
disabled person's request for reasonable accommodation,
including, without limitation, assistance with reading application
questions, responding to questions, and completing the necessary
forms to ensure the process is accessible.
B. Definitions.
For purposes of this chapter, a "disabled" individual or person is an individual
that qualifies as disabled and /or handicapped under the FHA, ADA or other state
and federal regulation. Any person who is disabled or a qualifying entity serving
disabled persons may request a reasonable accommodation with respect to the
Village's land use or zoning laws, rules, policies, practices and /or procedures as
provided by the FHA, ADA and other state and local regulations pursuant to the
procedures set out herein.
C. Procedure.
1. A request by an applicant for reasonable accommodation shall be made in
writing by completion of a reasonable accommodation request form. The
form shall be maintained by, and shall be submitted to, the Community
Development Department.
2. The Community Development Director, or his /her designee, shall have the
authority to consider and make a recommendation to the Village Council
on requests for reasonable accommodation. The Community Development
Director, or his /her designee, shall issue a written recommendation within
forty-five (45) calendar days of the date of receipt of a completed application
and may recommend:
(a) Granting the accommodation request;
(b) Granting a portion of the request and denying a portion of the request,
and /or imposing conditions upon the grant of the request; or
(c) Denying the request.
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If reasonably necessary to reach a recommendation on the request for
reasonable accommodation, the Community Development Director, or his/her
designee, may, prior to the end of said 45 -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 45 -day period to issue a written recommendation shall no longer be
applicable, and the Community Development Director, or his/her designee,
shall issue a written recommendation within thirty (30) calendar days after
receipt of the additional information. If the requesting party fails to provide
the requested additional information within said 15 -day period, the
Community Development Director, or his/her designee, shall issue a written
notice advising that the requesting party has 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
Village with regard to said reasonable accommodation request shall be required.
Once the written recommendation is complete, the Community Development
Director shall request that the Village Manager place the matter on the next
available Village Council agenda. Along with the written recommendation,
the Community Development Director shall provide the Village Council
with copies of all materials considered by the Community Development
Director, including, but not limited to, all materials submitted by the
requesting party. Other than public comment, no testimony or additional
evidence shall be submitted to the Village Council at the public meeting.
The Village Council shall, after due consideration of the Community
Development Director's written recommendation and all other materials
submitted and considered by the Community Development Director, enter
a final written determination accepting, accepting with modification or
rejecting the Community Development Director's written recommendation.
The notice of determination shall be sent to the requesting party (i.e., the
disabled individual, the qualifying entity or the individual's or entity's
representative) by certified mail, return receipt requested. Notice shall be
deemed complete when deposited in the U.S. Mail.
3. In determining whether the reasonable accommodation request shall be
granted or denied, the requesting party shall be required to establish that
they are protected under the FHA, ADA or other applicable state or
federal regulation by demonstrating that they are handicapped or disabled,
as defined in the FHA, ADA or other state or federal regulation. Although
the definition of disability is subject to judicial interpretation, for purposes
of this section the disabled individual must show:
(a) A physical or mental impairment which substantially limits one (1)
or more major life activities; and
(b) A record of having such impairment; or
(c) That they are regarded as having such impairment.
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The requesting party shall further demonstrate that the proposed
accommodations being sought are reasonable and necessary to afford
handicapped /disabled persons equal opportunity to use and enjoy housing.
\) The foregoing (as interpreted by the courts) shall be the basis for the
Community Development Director's recommendation and the Village
Council's determination on the reasonable accommodation request.
4. While an application for reasonable accommodation is pending before the
Village, the Village will not enforce the subject zoning or land development
ordinance, rule, policy, or procedure against the requesting party.
D. Fee.
There shall be no fee imposed by the Village in connection with a request for
reasonable accommodation under this section or an appeal of a determination, and
the Village shall have no obligation to pay a requesting party's (or an appealing party's)
attorneys' fees or costs in connection with a request or an appeal.
Section 3. If any section, sentence, clause, or phrase of this Resolution is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this Resolution.
Section 4. All Resolutions or parts of Resolutions in conflict with the provisions of this
Resolution are hereby repealed.
Section 5. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 28TH DAY OF JANUARY, 2016.
Grillage 'Seal) `D
MAY R
ATTEST:
_ - IF u7s
INWAIMM I
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