AGENDA ITEM REPORT
TITLE:
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AN ORDINANCE ENACTING A PROVISION WITHIN THE CITY’S LAND DEVELOPMENT CODE TO PROVIDE PROCEDURES FOR HANDLING AND PROCESSING REQUESTS FOR REASONABLE ACCOMMODATION FROM THE CITY’S LAND DEVELOPMENT CODE. (SECOND PUBLIC HEARING)
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BACKGROUND:
This Ordinance was approved at the First Public Hearing at the July 9, 2015 Commission Meeting with no changes or conditions.
The City desires to amend Chapter 13 of the City’s Code of Ordinances in order to comport with federal law to include a process for seeking Reasonable Accommodation from the City’s Land Development Code. There have been many cases nationwide that have required that individual cities provide a process for disabled applicants to seek a reasonable accommodation from their Land Development Codes; however, following the holding in the United States District Court for the Southern District of Florida case of Jeffrey O. v. City of Boca Raton, 511 F. Supp. 2d 1339 (S.D. Fla. 2007), Florida cities sought to update their Land Development Codes to bring them into compliance with federal law.
DISCUSSION:
The City is committed to updating our Land Development Code to bring it into compliance with federal law. The attached ordinance includes new language to clearly define and describe the method and procedure for making a request for a reasonable accommodation from the City’s Land Development Code. The ordinance sets forth application criterion, confidentiality, fees associated with processing, deadlines, and the decision and appeal processes.
RECOMMENDATION:
Staff recommends approval of the ordinance as proposed.
FISCAL IMPACT: N/A