ADMINISTRATION AND PROCEDURES
Adoption of amendments to zoning ordinances shall be made in accordance with the applicable provisions of F.S. Chs. 163 and 166, as may be amended.
(a)
All applications for changes or adjustments in the zoning classifications of real property in the City shall be submitted to the City Clerk in writing by the applicants, and shall set forth the following information:
(1)
Name and address of applicant;
(2)
Certificate of title, property deed or other proof of ownership;
(3)
Legal description of the property to be affected by the change;
(4)
Type of change desired;
(5)
Statement of intent or concept sketch map setting forth the use to be made of the property;
(6)
Such other information as may be required from time to time by the City Commission and/or the Planning and Zoning Board.
(b)
In addition thereto, the application shall be accompanied by a fee of $400.00, which shall be non-refundable regardless of the action taken by the Commission with respect to the application, and shall be deposited by the City Clerk in the general revenue fund of the City for costs incident to the processing of the application.
(c)
The procedure for the review and granting of rezoning requests shall be in accordance with applicable provisions of F.S. Chs. 163 and 166, as may be amended.
(d)
The City Commission shall schedule the public hearing required herein not sooner than 20 days after the receipt of the report from the Planning and Zoning Board, nor later than 90 days after the receipt of the report of the Planning and Zoning Board. If the Planning and Zoning Board fails to report, the City Commission shall, upon the expiration of the 60 days following the referral to the Planning and Zoning Board, thereafter schedule the public hearing at a date not sooner than 20 days nor later than 90 days following its first regular meeting, subsequent to the expiration of the 60 days as aforesaid.
(e)
In addition to those procedures required by state law, each applicant for a rezoning shall post the property(s) which is (are) the subject of such application with signs indicating that a rezoning is pending.
(1)
Each sign to be posted in conformity with this section shall measure 48 inches by 48 inches and shall be constructed of three-quarter-inch A/C exterior grade plywood, set 36 inches above surrounding grade from the bottom of the sign board, mounted on two four-inch by four inch by ten foot pressure-treated posts or metal angles.
(2)
Signs shall be painted with white enamel paint background and black enamel painted letters, except that the top line shall be painted red enamel. Lettering shall be gothic style upper case with the top line measuring at least eight inches in height and all other lines measuring at least three inches in height.
(3)
Text sign shall read as follows:
Rezoning Applied For This Property
From: (Insert zoning district)
To: (Insert zoning district)
Public Hearing Dates:
Planning and Zoning: (Insert date)
City Commission: (Insert date)
For further info, call Planning Dept. 434-4300, ext. 226
(4)
Signs shall be placed on each street frontage of the subject property at a distance of no more than ten feet within the property line.
(5)
Each sign to be posted in conformity with this section shall be placed upon the parcel upon which the applicant is seeking a rezoning concurrently with the filing of an application for a rezoning with the City Clerk and shall remain upon subject property until such time as the City Commission has finally adopted or rejected the applicant's rezoning request. It shall be a violation of this section for any sign posted to remain more than seven days following final Commission action upon applicant's rezoning request.
(6)
Each applicant prior to being scheduled for City Commission action or an ordinance granting the rezoning application, shall submit a sworn affidavit that he has acted in compliance with this section.
(f)
Applicants for rezonings, in addition to any fee set forth hereinabove, shall be required to pay the actual costs of any advertisements required in accordance with this Code and applicable laws.
(a)
Purpose and intent.
(1)
The purpose of the conditional use procedure is to provide for certain uses or structures that cannot be well-adjusted to their environment in particular locations, and to offer full protection to surrounding properties by rigid application of the district regulations, and, due to the nature of the use, the importance of the relationship to the comprehensive development plan and the possible impact on neighboring properties, to require the exercise of planning judgment on their location and site plan.
(2)
If any criteria for a conditional use or for conditional uses in general is found by a court of competent jurisdiction to be inadequate; the legislative intent is for that conditional use to be a prohibited use in the district for which conditional use approval had previously been required.
(b)
Approval standards. A conditional use permit shall not be considered an entitlement, and shall be granted by the City Commission only if the Commission finds that all of the following standards are met. The burden of proof in demonstrating that the standards have been met shall be on the applicant. No conditional use permit shall be granted if the Commission finds that any one or more of the following standards are not met.
(1)
Nature of use. The nature and characteristics of the proposed use or structure is consistent with the type of use or structure authorized as a conditional use in the zoning district in which located.
(2)
Plan compliance. The proposed use conforms to the provisions of the City's comprehensive plan.
(3)
Ordinance compliance. The proposed use complies with all applicable regulations, including any specific standards for the proposed use set forth in this land development code.
(4)
Compatibility. The proposed use is compatible with adjacent uses, in terms of use, building height, bulk, scale, setbacks, open spaces, landscaping, drainage, access and circulation.
(5)
Traffic impact. The proposed use does not adversely affect the safety and convenience of vehicular and pedestrian circulation in the area, and will not result in a significant increase in traffic on any local residential street.
(6)
Parking adequacy. The proposed use provides adequate and convenient off-street parking and loading facilities, and will not result in overflow parking on adjacent residential streets.
(7)
Hazard protection. The proposed use reasonably protects persons and property from erosion, flooding, fire, noise, glare or similar hazards.
(c)
Application. Applications for conditional use approval shall be subject to the following provisions.
(1)
Every application shall be completed by the owner of record of the subject property, and shall be signed by such individual and notarized.
(2)
Each application shall be accompanied by ten copies of a concept site plan or floor plan meeting the requirements of this land development code.
(3)
All applications shall be accompanied by a non-refundable fee in the amount of $250.00, plus advertising fees.
(4)
It shall be the responsibility of the applicant to furnish, at the applicant's expense, a certified list of all Homeowners Associations and Condominium Associations and property owners within a 700-foot radius of the boundaries of the subject property. This list must be certified by a licensed title company or other qualified individual, and the applicant will be responsible for the accuracy of the list of property owners. The list must be submitted to the City Clerk at the time of the filing of the application. The list of property owners must be dated and certified to a date not exceeding 30 days prior to the date of filing of the application.
(5)
It shall be the responsibility of the applicant to furnish, at the applicant's expense, a map showing all property within a 700-foot radius of the boundaries of the subject property.
(6)
Each application shall be accompanied by such other information as may be required by the City Commission, the Planning and Zoning Board, or staff for a determination of the nature of the proposed use and its effect on the comprehensive development plan, the neighborhood and surrounding properties.
(d)
Review procedure. Applications for approval of a conditional use shall be subject to the following review procedures.
(1)
Submittal. Applications shall be submitted to the City Clerk who shall review the application and concept site plan or floor plan for sufficiency under the requirements of these regulations and forward necessary copies of the application to the planning and Growth Management Department and the Planning and Zoning Board for study, for holding of a public hearing, and for recommendation and report to the City Commission.
(2)
Review by Planning and Zoning Board. Within a reasonable time of the receipt of the application, the Planning and Zoning Board shall hold a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.
a.
At least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City, notice of the hearing shall be posted on the subject property and all Homeowners Associations and Condominium Associations and property owners within a 700-foot radius of the boundaries of the subject property shall be notified by certified and/or ordinary first class mail at least 15 days in advance of the hearing, provided, that where the applicant is the owner of land not included in the application, and the land not included is a part of or adjoins the parcel for which the conditional use is requested, the 700-foot requirement shall be measured from the boundaries of the applicant's ownership, including the land not covered by the application.
b.
Within 30 days of the public hearing, the Planning and Zoning Board shall submit a report and recommendation to the City Commission.
(3)
Commission action. Within a reasonable time of the receipt of the Planning and Zoning Board's recommendation, the City Commission shall hold a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.
a.
Following the public hearing, the City Commission may approve, approve with conditions, or deny the application based on the approval standards of subsection (b) above.
b.
The City Commission may impose such conditions or restrictions upon a conditional use approval as necessary in order to ensure that the approval standards are met and to eliminate or minimize the injurious effect of such use upon surrounding properties.
(e)
Effect of approval. Approval of a conditional use shall be subject to the following provisions.
(1)
Approval of a conditional use under this section shall be valid for a period of one year following the date of approval and thereafter shall become null and void, unless construction or use is substantially underway during such one-year period or unless an extension of time is approved by the Planning and Zoning Board before the expiration of such one-year period.
(2)
A conditional use granted under the provisions of this section shall not be transferable from place to place and shall be valid only at the place designated on the conditional use permit.
(3)
Permits issued under a conditional use approval may be revoked by the City Commission for failure to comply with conditions of approval or applicable regulations, after review and a public hearing.
(Ord. No. 23-1, § 4, 1-24-23)
(a)
Purpose and intent. For purposes of this section, "variance" shall mean a modification of the zoning district regulations when such variance will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.
(b)
Applicability. A variance is authorized only for height, area, size of structure or size of yards and open spaces, and off-street parking and loading requirements. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of non-conformities in the zoning district or classification or in adjoining zoning districts or classifications.
(1)
Use variance. The establishment or expansion of a use otherwise prohibited in the zoning district may be permitted by variance provided that the characteristics of the site (for example, the presence of jurisdictional wetlands, environmentally-sensitive lands) or other pre-existing uses on the site or adjacent thereto would serve to preclude the development of the property within the permitted uses allowed in the applicable zoning district.
Applicants for use variances shall submit with their application, a statement from a Florida registered engineer explaining the unique circumstances of the site which would preclude alternate development within the permitted uses of the zoning district.
(c)
Application. Any person applying for a building permit found to be in non-conformance to the City zoning code may apply for a variance from the existing zoning regulations of the City if found to be in accordance with subsection (b) above, and the procedures for requesting a variance which are set forth as follows:
(1)
Clear architectural plans and site plan shall be submitted, prior to variance application, to the Building Department, in such detail that all required variances to the City Code may be determined by City staff.
(2)
The Building Department shall issue to the applicant in writing a letter indicating:
a.
Administrative denial of application for a building permit;
b.
That the City has received plans in such detail as to enable determination of all required variances to specific sections of the City Code;
c.
A specific list of variances required in order for the plans to be in complete compliance with the City Code.
(3)
Filing of variance application shall be in duplicate, on forms to be supplied by the City, with the City Clerk. The application must be accompanied by the letter required in subsection (2) above, and shall include the following:
a.
Name of applicant;
b.
Applicant's relation to the property involved;
c.
The legal description of the property;
d.
The variance(s) from existing regulations requested;
e.
The hardship for requesting the variance(s).
f.
A copy of the administrative denial from the Building Department.
(4)
Each application for a variance shall be accompanied by a fee in the sum of $250.00, payable to the City. Said fee shall be nonrefundable, provided, however, the City Commission shall have the authority to direct the refunding of said fee in their sole and exclusive discretion.
(d)
Scheduling of public hearings. Upon receipt of the application the City Clerk shall docket same for a public hearing to be held for review and recommendation by the Planning and Zoning Board at the next regular meeting of the Planning and Zoning Board, which shall be at least 25 days subsequent to the date of the filing of the application. The City Clerk shall docket same for a public hearing to be held by the City Commission at the next regular or special meeting of the City Commission, which shall be at least 25 days subsequent to the date of the filing of the recommendation by the Planning and Zoning Board.
(e)
Notification.
(1)
Notice of each meeting shall be published by the City Clerk in a newspaper of general circulation in the City, which notice shall be published once, with the dates of the respective meetings.
(2)
a.
Unless otherwise provided for in subsection (b), the City Clerk shall send notice of the aforesaid Planning and Zoning Board meeting and City Commission public hearing by first class United States mail to each Homeowners Associations and Condominium Associations and owner of real property located within 700 feet of the property on which the variance is requested. Notice of said meetings shall also be sent, via certified mail, to the petitioner.
b.
Minor residential variances. For all minor residential variance petitions, the City Clerk shall send notice of the notice of the aforesaid Planning and Zoning Board meeting and City Commission public hearing by first class United States mail to each Homeowners Associations and Condominium Associations and owner of real property located within 300 feet of the property on which the variance is requested. Notice of said meetings shall also be sent, via certified mail, to the petitioner. For purposes of this subsection, a "minor residential variance" shall mean modifications of residential zoning district regulations or code specified standards for deviations on an individual lot to include, driveway, setbacks, accessory structures, fences, lot coverage and impervious areas.
(3)
Each applicant for a variance on non-residentially zoned property(s) shall post the property(s), which is (are) the subject of such application with signs indicating that a variance is pending.
a.
Each sign to be posted in conformity with this section shall measure 48 inches by 48 inches and shall be constructed of three-quarter-inch A/C exterior grade plywood, set 36 inches above surrounding grade from the bottom of the sign board, mounted on two four inch by four inch by ten foot pressure-treated posts or metal angles.
b.
Signs shall be painted with white enamel paint background and black enamel painted letters, except that the top line shall be painted red enamel. Lettering shall be gothic style upper case with the top line measuring at least eight inches in height and all other lines measuring at least three inches in height.
c.
Text sign shall read as follows:
Variance Applied For This Property
Public Hearing Dates:
Planning and Zoning: (Insert date)
City Commission: (Insert date)
For further info, call Planning Dept. 954-434-4300, ext. #226
d.
Signs shall be placed at each street entrance to the subject property.
e.
Each sign to be posted in conformity with this section shall be placed upon the parcel upon which the applicant is seeking a variance concurrently with the filing of an application for a variance with the City Clerk and shall remain upon subject property until the City Commission has finally adopted or rejected the applicant's rezoning request. It shall be a violation of this section for any sign posted to remain more than seven days following final Commission action upon applicant's variance request.
f.
Each applicant prior to being scheduled for City Commission action or an ordinance granting the variance application shall submit a sworn affidavit that they have acted in compliance with this section.
(4)
Applicants for variances, in addition to any fee set forth hereinabove, shall be required to pay the actual costs of any advertisements required in accordance with this Code and applicable laws.
(5)
Notice of each public hearing shall be posted on site on non-residentially zoned property(s) in a conspicuous place in the City hall at least 15 days prior to the date of the hearing.
(f)
Planning and Zoning Board action. The Planning and Zoning Board shall consider the application for the variance at the meeting docketed by the City Clerk, and may recommend approval of the variance as requested, recommend approval as amended, recommend disapproval or table the variance.
(g)
City Commission action. The City Commission shall consider the application for the variance at the hearing docketed by the City Clerk, and the approval of the variance as requested or as amended by the Commission shall only be on the affirmative vote of at least three members of the Commission.
(h)
Expiration of approval. Any variance authorized by the City Commission shall expire 90 days after the date of action on the variance by the City Commission unless building permit, based upon and incorporating the variance, is issued within the aforementioned 90 day period.
(i)
Reapplication. Upon rejection by the City Commission of any application for a change, exception, and/or variance in existing zoning ordinances and regulations as same affects a specific lot, piece or parcel of land in the City, a period of not less than 12 months shall elapse before the City Commission will accept other, further, or new applications for the same change, exception, and/or variance, regardless of the identity of the petitioner.
(Ord. 95-4-2, § 1, 4-11-95; Ord. No. 03-1-4, § 1, 1-28-03; Ord. No. 20-3-1, § 2, 4-14-20; Ord. No. 23-1, § 5, 1-24-23)
In addition to all other fees required in connection with an application for a zoning change or an application for a granting of a variance, the applicant shall pay unto the City the actual cost incurred by the City in the completion of the ownership search of adjacent property owners who are required to receive notification of the application, the cost of publication of the notice and the cost of mailing and duplicating the notice. The City shall upon a determination of the exact cost as aforesaid forthwith notify the applicant of the costs incurred or to be incurred as hereinabove set forth and may defer any further action upon the application for rezoning or for a variance until the aforesaid costs have been paid in full, which costs shall be determined to be a part of the application fee, and in addition to any amount otherwise required. The City may, as a condition precedent to taking any action on the application, require the posting of a deposit in an amount estimated by the City to be the costs to be incurred as aforesaid. All funds received hereunder shall be receipted and deposited in the same manner as the application fee heretofore required on the applications for rezoning and/or granting of variances.
(a)
The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for or an approval of any violations of any of the provisions of this chapter. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid except insofar as the work or use which it authorizes is legal.
(b)
The issuance of permit upon plans and specifications shall not prevent the Building Official from thereafter requiring the correction of errors in the plans and specifications, or preventing building operations being carried on thereunder when in violation of this chapter.
(a)
Applicability. This section shall control land uses, buildings or other structures that were legally established but do not currently conform to the provisions of this chapter as the result of the enactment of this chapter, its predecessor, or subsequent amendment thereof.
(b)
Nonconforming use of buildings. The lawful use of a building may be continued although such use does not conform to the provisions of this chapter. Such use may be extended throughout the building, provided no structural alterations except those required by law or ordinance, or ordered by an authorized officer to ensure the safety of the building, are made therein. No such use shall be extended to occupy any land outside such building. If such nonconforming building is removed, or the nonconforming use of such building is discontinued for a continued period of 90 days, every future use of such premises shall be in conformity with the provisions of this chapter.
(c)
Change of nonconforming use of buildings. If no structural alterations are made, a nonconforming use of a building may be changed to a use of the same or higher classification. For the purposes of this provision, the zoning districts shall be considered arranged in a hierarchy from the highest, or most restrictive (A-1), to the lowest, or least restrictive (I-1), as shown in section 23-1, districts established, and uses shall be classified according to the highest zoning district in which they are permitted by right. When a district shall hereafter be changed, the then existing nonconforming use in such changed district may be continued or changed to a use of similar or higher classification, provided all other regulations governing the new use are complied with. Whenever a nonconforming use of a building has been discontinued or changed to a higher classification, or to a conforming use, such use shall not thereafter be changed to a nonconforming use of a lower classification.
(d)
Nonconforming use of land. The lawful use of land although such use does not conform to the provisions of this chapter, may be continued, provided, however, that no such nonconforming use shall be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use on the date such use became nonconforming. If such nonconforming use is discontinued for a continuous period of 90 days, any future use of the land shall be in conformity with the provisions of this chapter. Where such use of land is not an accessory to the use of a main building located on the same lot or grounds, such nonconforming use of land shall be discontinued and all material completely removed by its owner not later than two years from the date on which the use became nonconforming.
(e)
Noncomplying structures. The use of a building or other structure lawfully constructed, although not currently conforming to the provisions of this chapter, may be continued and may be enlarged or converted to another use, provided that no enlargement or conversion shall be made that would either create a new noncompliance or increase the degree of noncompliance.
(f)
Building destroyed. In the event that a noncomplying building or a building occupied by a nonconforming use is damaged or destroyed to the extent of not more than 50 percent of its replacement value by fire, explosion or other casualty, or act of God, or the public enemy, the building may be reconstructed and the previous use restored, provided that the reconstruction does not increase the degree of noncompliance that existed at the time of such partial destruction. In the event that such a building is damaged or destroyed to the extent of more than 50 percent of its replacement value by involuntary means, such building shall be reconstructed and used only in accordance with the provisions of this chapter.
(a)
Purpose and applicability. This section implements the policy of the City of Cooper City for processing of requests for reasonable accommodation to its ordinances, 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"). For purposes of this section, a "disabled" individual or person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or an applicant applying on behalf of one or more qualified individuals) may request a reasonable accommodation with respect to the City's land use or zoning laws, rules, policies, practices or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section.
(b)
Application. An applicant shall request relief under this section prior to filing a lawsuit, by completing a reasonable accommodation request form, which is available from the City's Growth Management Department. The form shall contain such questions and requests for information as are necessary for evaluating the relief requested.
(c)
Notice. The City shall display a notice of the request for reasonable accommodation on the City's public notice bulletin board and shall maintain copies available for review in the Growth Management Department and the City Clerk's Office. The notice shall advise the public that a request for reasonable accommodation is pending. The location, date and time of the applicable public hearing shall be included in the notice.
(d)
Application and hearing. The City Manager shall have the authority to consider and act on requests for reasonable accommodation submitted to the Growth Management Department. A public hearing shall be held by the City Manager on the request for reasonable accommodation within 45 days of receipt of a completed application, unless the applicant agrees in writing to extension of the hearing date. A final written determination shall be issued by the City Manager no later than 30 days after the conclusion of the public hearing. The final written determination may: (i) grant the relief requested, (ii) grant a portion of the request and deny a portion of the request, or impose conditions upon the grant of the request, or (iii) deny the request. Any determination shall be final, in writing, and shall state the reasons for the decision. The final written determination shall be sent to the applicant by certified mail, return receipt requested.
(e)
Additional information. If necessary, prior to the public hearing, the City may request additional information from the applicant, specifying in sufficient detail what information is required. In the event a request for additional information is made to the applicant by the City, the hearing shall be conducted within 30 days after the applicant's provision of the additional information requested. The applicant shall have 15 days after the date the information is requested to provide the additional information. If the applicant fails to timely respond with the requested additional information, the City shall notify the applicant and proceed with scheduling a public hearing; however, the applicant and the City may extend the time period for conducting the hearing by mutual agreement. The City Manager will issue a final written determination regarding the relief requested as required in subsection (d) of this section, based on the information in the City's possession at the time of the public hearing.
(f)
Criteria. In determining whether the reasonable accommodation request shall be granted or denied, the applicant shall be required to establish that the request is reasonable and necessary to afford handicapped or disabled persons an equal opportunity to use and enjoy housing, by first establishing that the persons to receive the benefit from the request are handicapped or disabled, as defined in the FHA and/or ADA. Although the definition of disability is subject to judicial interpretation, for purposes of this subsection, the applicant must show that the disability involves:
(1)
A physical or mental impairment which substantially limits one or more major life activities;
(2)
A record of having such impairment; or
(3)
That they are regarded as having such impairment.
Next, the applicant shall be required to demonstrate that the proposed accommodation being sought is reasonable and necessary to afford handicapped or disabled persons equal opportunity to use and enjoy housing. The foregoing (as interpreted by the courts) shall be the basis for a decision of the City Manager upon a reasonable accommodation request.
(g)
Exhaustion required. Completion of the reasonable accommodation procedures shall be a supplement to and not a substitute for any other pre-litigation dispute resolution processes available by law to the City or the applicant. Completion of the reasonable accommodation procedures shall constitute the exhaustion of all administrative remedies available from the City.
(h)
Effect while pending. While an application for reasonable accommodation or appeal of a determination of same is pending before the City, the City will not enforce the Code, rules, policies, and procedures which are the subject of the request against the applicant, except that the City may seek relief through the code enforcement procedures of Article VI "Code Enforcement" of Chapter 13 "Public Safety" of the Code of Ordinances, or through injunctive relief if an imminent threat to the health, safety and welfare of the public is present.
(i)
Appeals. An applicant aggrieved by a decision of the City Manager on a request for reasonable accommodation may appeal the decision to the City Commission in accordance with the following procedures:
(1)
The denial or other disputed determination of a request for reasonable accommodation pursuant to this section may be appealed to the City Commission by filing a notice of appeal, on a form provided by the City Manager, within 30 days of the date of the issuance of the final written determination by the City Manager in accordance with subsection (d).
(2)
After receipt of the notice of appeal, the appeal will be placed on a City Commission agenda for a hearing within 60 days, with public notice provided as required by subsection (c). At the hearing, the applicant may present evidence and testimony relating to the issues appealed, and the standard of review for such appeal shall be de novo.
(3)
At the hearing, the City Commission shall grant the appeal, deny the appeal or grant the appeal subject to conditions.
(j)
Additional provisions for reasonable accommodation. The following provisions shall be applicable:
(1)
The City shall display a notice in its public notice bulletin board and on its website advising the public of this reasonable accommodation procedure and that applications for reasonable accommodation may be obtained from the Growth Management Department.
(2)
An applicant may apply for reasonable accommodation on his or her own behalf, or may be represented at all stages by a representative designated by the applicant.
(3)
The City shall provide such assistance and accommodation as is required pursuant to federal and state law, in connection with a disabled person's request for reasonable accommodation, including, without limitation, assistance with reading application questions, responding to questions, completing the form, filing an appeal, and appearing at a hearing, etc., to ensure that the process is accessible.
(Ord. 14-2-4, § 4, 2-25-14)
ADMINISTRATION AND PROCEDURES
Adoption of amendments to zoning ordinances shall be made in accordance with the applicable provisions of F.S. Chs. 163 and 166, as may be amended.
(a)
All applications for changes or adjustments in the zoning classifications of real property in the City shall be submitted to the City Clerk in writing by the applicants, and shall set forth the following information:
(1)
Name and address of applicant;
(2)
Certificate of title, property deed or other proof of ownership;
(3)
Legal description of the property to be affected by the change;
(4)
Type of change desired;
(5)
Statement of intent or concept sketch map setting forth the use to be made of the property;
(6)
Such other information as may be required from time to time by the City Commission and/or the Planning and Zoning Board.
(b)
In addition thereto, the application shall be accompanied by a fee of $400.00, which shall be non-refundable regardless of the action taken by the Commission with respect to the application, and shall be deposited by the City Clerk in the general revenue fund of the City for costs incident to the processing of the application.
(c)
The procedure for the review and granting of rezoning requests shall be in accordance with applicable provisions of F.S. Chs. 163 and 166, as may be amended.
(d)
The City Commission shall schedule the public hearing required herein not sooner than 20 days after the receipt of the report from the Planning and Zoning Board, nor later than 90 days after the receipt of the report of the Planning and Zoning Board. If the Planning and Zoning Board fails to report, the City Commission shall, upon the expiration of the 60 days following the referral to the Planning and Zoning Board, thereafter schedule the public hearing at a date not sooner than 20 days nor later than 90 days following its first regular meeting, subsequent to the expiration of the 60 days as aforesaid.
(e)
In addition to those procedures required by state law, each applicant for a rezoning shall post the property(s) which is (are) the subject of such application with signs indicating that a rezoning is pending.
(1)
Each sign to be posted in conformity with this section shall measure 48 inches by 48 inches and shall be constructed of three-quarter-inch A/C exterior grade plywood, set 36 inches above surrounding grade from the bottom of the sign board, mounted on two four-inch by four inch by ten foot pressure-treated posts or metal angles.
(2)
Signs shall be painted with white enamel paint background and black enamel painted letters, except that the top line shall be painted red enamel. Lettering shall be gothic style upper case with the top line measuring at least eight inches in height and all other lines measuring at least three inches in height.
(3)
Text sign shall read as follows:
Rezoning Applied For This Property
From: (Insert zoning district)
To: (Insert zoning district)
Public Hearing Dates:
Planning and Zoning: (Insert date)
City Commission: (Insert date)
For further info, call Planning Dept. 434-4300, ext. 226
(4)
Signs shall be placed on each street frontage of the subject property at a distance of no more than ten feet within the property line.
(5)
Each sign to be posted in conformity with this section shall be placed upon the parcel upon which the applicant is seeking a rezoning concurrently with the filing of an application for a rezoning with the City Clerk and shall remain upon subject property until such time as the City Commission has finally adopted or rejected the applicant's rezoning request. It shall be a violation of this section for any sign posted to remain more than seven days following final Commission action upon applicant's rezoning request.
(6)
Each applicant prior to being scheduled for City Commission action or an ordinance granting the rezoning application, shall submit a sworn affidavit that he has acted in compliance with this section.
(f)
Applicants for rezonings, in addition to any fee set forth hereinabove, shall be required to pay the actual costs of any advertisements required in accordance with this Code and applicable laws.
(a)
Purpose and intent.
(1)
The purpose of the conditional use procedure is to provide for certain uses or structures that cannot be well-adjusted to their environment in particular locations, and to offer full protection to surrounding properties by rigid application of the district regulations, and, due to the nature of the use, the importance of the relationship to the comprehensive development plan and the possible impact on neighboring properties, to require the exercise of planning judgment on their location and site plan.
(2)
If any criteria for a conditional use or for conditional uses in general is found by a court of competent jurisdiction to be inadequate; the legislative intent is for that conditional use to be a prohibited use in the district for which conditional use approval had previously been required.
(b)
Approval standards. A conditional use permit shall not be considered an entitlement, and shall be granted by the City Commission only if the Commission finds that all of the following standards are met. The burden of proof in demonstrating that the standards have been met shall be on the applicant. No conditional use permit shall be granted if the Commission finds that any one or more of the following standards are not met.
(1)
Nature of use. The nature and characteristics of the proposed use or structure is consistent with the type of use or structure authorized as a conditional use in the zoning district in which located.
(2)
Plan compliance. The proposed use conforms to the provisions of the City's comprehensive plan.
(3)
Ordinance compliance. The proposed use complies with all applicable regulations, including any specific standards for the proposed use set forth in this land development code.
(4)
Compatibility. The proposed use is compatible with adjacent uses, in terms of use, building height, bulk, scale, setbacks, open spaces, landscaping, drainage, access and circulation.
(5)
Traffic impact. The proposed use does not adversely affect the safety and convenience of vehicular and pedestrian circulation in the area, and will not result in a significant increase in traffic on any local residential street.
(6)
Parking adequacy. The proposed use provides adequate and convenient off-street parking and loading facilities, and will not result in overflow parking on adjacent residential streets.
(7)
Hazard protection. The proposed use reasonably protects persons and property from erosion, flooding, fire, noise, glare or similar hazards.
(c)
Application. Applications for conditional use approval shall be subject to the following provisions.
(1)
Every application shall be completed by the owner of record of the subject property, and shall be signed by such individual and notarized.
(2)
Each application shall be accompanied by ten copies of a concept site plan or floor plan meeting the requirements of this land development code.
(3)
All applications shall be accompanied by a non-refundable fee in the amount of $250.00, plus advertising fees.
(4)
It shall be the responsibility of the applicant to furnish, at the applicant's expense, a certified list of all Homeowners Associations and Condominium Associations and property owners within a 700-foot radius of the boundaries of the subject property. This list must be certified by a licensed title company or other qualified individual, and the applicant will be responsible for the accuracy of the list of property owners. The list must be submitted to the City Clerk at the time of the filing of the application. The list of property owners must be dated and certified to a date not exceeding 30 days prior to the date of filing of the application.
(5)
It shall be the responsibility of the applicant to furnish, at the applicant's expense, a map showing all property within a 700-foot radius of the boundaries of the subject property.
(6)
Each application shall be accompanied by such other information as may be required by the City Commission, the Planning and Zoning Board, or staff for a determination of the nature of the proposed use and its effect on the comprehensive development plan, the neighborhood and surrounding properties.
(d)
Review procedure. Applications for approval of a conditional use shall be subject to the following review procedures.
(1)
Submittal. Applications shall be submitted to the City Clerk who shall review the application and concept site plan or floor plan for sufficiency under the requirements of these regulations and forward necessary copies of the application to the planning and Growth Management Department and the Planning and Zoning Board for study, for holding of a public hearing, and for recommendation and report to the City Commission.
(2)
Review by Planning and Zoning Board. Within a reasonable time of the receipt of the application, the Planning and Zoning Board shall hold a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.
a.
At least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City, notice of the hearing shall be posted on the subject property and all Homeowners Associations and Condominium Associations and property owners within a 700-foot radius of the boundaries of the subject property shall be notified by certified and/or ordinary first class mail at least 15 days in advance of the hearing, provided, that where the applicant is the owner of land not included in the application, and the land not included is a part of or adjoins the parcel for which the conditional use is requested, the 700-foot requirement shall be measured from the boundaries of the applicant's ownership, including the land not covered by the application.
b.
Within 30 days of the public hearing, the Planning and Zoning Board shall submit a report and recommendation to the City Commission.
(3)
Commission action. Within a reasonable time of the receipt of the Planning and Zoning Board's recommendation, the City Commission shall hold a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.
a.
Following the public hearing, the City Commission may approve, approve with conditions, or deny the application based on the approval standards of subsection (b) above.
b.
The City Commission may impose such conditions or restrictions upon a conditional use approval as necessary in order to ensure that the approval standards are met and to eliminate or minimize the injurious effect of such use upon surrounding properties.
(e)
Effect of approval. Approval of a conditional use shall be subject to the following provisions.
(1)
Approval of a conditional use under this section shall be valid for a period of one year following the date of approval and thereafter shall become null and void, unless construction or use is substantially underway during such one-year period or unless an extension of time is approved by the Planning and Zoning Board before the expiration of such one-year period.
(2)
A conditional use granted under the provisions of this section shall not be transferable from place to place and shall be valid only at the place designated on the conditional use permit.
(3)
Permits issued under a conditional use approval may be revoked by the City Commission for failure to comply with conditions of approval or applicable regulations, after review and a public hearing.
(Ord. No. 23-1, § 4, 1-24-23)
(a)
Purpose and intent. For purposes of this section, "variance" shall mean a modification of the zoning district regulations when such variance will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.
(b)
Applicability. A variance is authorized only for height, area, size of structure or size of yards and open spaces, and off-street parking and loading requirements. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of non-conformities in the zoning district or classification or in adjoining zoning districts or classifications.
(1)
Use variance. The establishment or expansion of a use otherwise prohibited in the zoning district may be permitted by variance provided that the characteristics of the site (for example, the presence of jurisdictional wetlands, environmentally-sensitive lands) or other pre-existing uses on the site or adjacent thereto would serve to preclude the development of the property within the permitted uses allowed in the applicable zoning district.
Applicants for use variances shall submit with their application, a statement from a Florida registered engineer explaining the unique circumstances of the site which would preclude alternate development within the permitted uses of the zoning district.
(c)
Application. Any person applying for a building permit found to be in non-conformance to the City zoning code may apply for a variance from the existing zoning regulations of the City if found to be in accordance with subsection (b) above, and the procedures for requesting a variance which are set forth as follows:
(1)
Clear architectural plans and site plan shall be submitted, prior to variance application, to the Building Department, in such detail that all required variances to the City Code may be determined by City staff.
(2)
The Building Department shall issue to the applicant in writing a letter indicating:
a.
Administrative denial of application for a building permit;
b.
That the City has received plans in such detail as to enable determination of all required variances to specific sections of the City Code;
c.
A specific list of variances required in order for the plans to be in complete compliance with the City Code.
(3)
Filing of variance application shall be in duplicate, on forms to be supplied by the City, with the City Clerk. The application must be accompanied by the letter required in subsection (2) above, and shall include the following:
a.
Name of applicant;
b.
Applicant's relation to the property involved;
c.
The legal description of the property;
d.
The variance(s) from existing regulations requested;
e.
The hardship for requesting the variance(s).
f.
A copy of the administrative denial from the Building Department.
(4)
Each application for a variance shall be accompanied by a fee in the sum of $250.00, payable to the City. Said fee shall be nonrefundable, provided, however, the City Commission shall have the authority to direct the refunding of said fee in their sole and exclusive discretion.
(d)
Scheduling of public hearings. Upon receipt of the application the City Clerk shall docket same for a public hearing to be held for review and recommendation by the Planning and Zoning Board at the next regular meeting of the Planning and Zoning Board, which shall be at least 25 days subsequent to the date of the filing of the application. The City Clerk shall docket same for a public hearing to be held by the City Commission at the next regular or special meeting of the City Commission, which shall be at least 25 days subsequent to the date of the filing of the recommendation by the Planning and Zoning Board.
(e)
Notification.
(1)
Notice of each meeting shall be published by the City Clerk in a newspaper of general circulation in the City, which notice shall be published once, with the dates of the respective meetings.
(2)
a.
Unless otherwise provided for in subsection (b), the City Clerk shall send notice of the aforesaid Planning and Zoning Board meeting and City Commission public hearing by first class United States mail to each Homeowners Associations and Condominium Associations and owner of real property located within 700 feet of the property on which the variance is requested. Notice of said meetings shall also be sent, via certified mail, to the petitioner.
b.
Minor residential variances. For all minor residential variance petitions, the City Clerk shall send notice of the notice of the aforesaid Planning and Zoning Board meeting and City Commission public hearing by first class United States mail to each Homeowners Associations and Condominium Associations and owner of real property located within 300 feet of the property on which the variance is requested. Notice of said meetings shall also be sent, via certified mail, to the petitioner. For purposes of this subsection, a "minor residential variance" shall mean modifications of residential zoning district regulations or code specified standards for deviations on an individual lot to include, driveway, setbacks, accessory structures, fences, lot coverage and impervious areas.
(3)
Each applicant for a variance on non-residentially zoned property(s) shall post the property(s), which is (are) the subject of such application with signs indicating that a variance is pending.
a.
Each sign to be posted in conformity with this section shall measure 48 inches by 48 inches and shall be constructed of three-quarter-inch A/C exterior grade plywood, set 36 inches above surrounding grade from the bottom of the sign board, mounted on two four inch by four inch by ten foot pressure-treated posts or metal angles.
b.
Signs shall be painted with white enamel paint background and black enamel painted letters, except that the top line shall be painted red enamel. Lettering shall be gothic style upper case with the top line measuring at least eight inches in height and all other lines measuring at least three inches in height.
c.
Text sign shall read as follows:
Variance Applied For This Property
Public Hearing Dates:
Planning and Zoning: (Insert date)
City Commission: (Insert date)
For further info, call Planning Dept. 954-434-4300, ext. #226
d.
Signs shall be placed at each street entrance to the subject property.
e.
Each sign to be posted in conformity with this section shall be placed upon the parcel upon which the applicant is seeking a variance concurrently with the filing of an application for a variance with the City Clerk and shall remain upon subject property until the City Commission has finally adopted or rejected the applicant's rezoning request. It shall be a violation of this section for any sign posted to remain more than seven days following final Commission action upon applicant's variance request.
f.
Each applicant prior to being scheduled for City Commission action or an ordinance granting the variance application shall submit a sworn affidavit that they have acted in compliance with this section.
(4)
Applicants for variances, in addition to any fee set forth hereinabove, shall be required to pay the actual costs of any advertisements required in accordance with this Code and applicable laws.
(5)
Notice of each public hearing shall be posted on site on non-residentially zoned property(s) in a conspicuous place in the City hall at least 15 days prior to the date of the hearing.
(f)
Planning and Zoning Board action. The Planning and Zoning Board shall consider the application for the variance at the meeting docketed by the City Clerk, and may recommend approval of the variance as requested, recommend approval as amended, recommend disapproval or table the variance.
(g)
City Commission action. The City Commission shall consider the application for the variance at the hearing docketed by the City Clerk, and the approval of the variance as requested or as amended by the Commission shall only be on the affirmative vote of at least three members of the Commission.
(h)
Expiration of approval. Any variance authorized by the City Commission shall expire 90 days after the date of action on the variance by the City Commission unless building permit, based upon and incorporating the variance, is issued within the aforementioned 90 day period.
(i)
Reapplication. Upon rejection by the City Commission of any application for a change, exception, and/or variance in existing zoning ordinances and regulations as same affects a specific lot, piece or parcel of land in the City, a period of not less than 12 months shall elapse before the City Commission will accept other, further, or new applications for the same change, exception, and/or variance, regardless of the identity of the petitioner.
(Ord. 95-4-2, § 1, 4-11-95; Ord. No. 03-1-4, § 1, 1-28-03; Ord. No. 20-3-1, § 2, 4-14-20; Ord. No. 23-1, § 5, 1-24-23)
In addition to all other fees required in connection with an application for a zoning change or an application for a granting of a variance, the applicant shall pay unto the City the actual cost incurred by the City in the completion of the ownership search of adjacent property owners who are required to receive notification of the application, the cost of publication of the notice and the cost of mailing and duplicating the notice. The City shall upon a determination of the exact cost as aforesaid forthwith notify the applicant of the costs incurred or to be incurred as hereinabove set forth and may defer any further action upon the application for rezoning or for a variance until the aforesaid costs have been paid in full, which costs shall be determined to be a part of the application fee, and in addition to any amount otherwise required. The City may, as a condition precedent to taking any action on the application, require the posting of a deposit in an amount estimated by the City to be the costs to be incurred as aforesaid. All funds received hereunder shall be receipted and deposited in the same manner as the application fee heretofore required on the applications for rezoning and/or granting of variances.
(a)
The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for or an approval of any violations of any of the provisions of this chapter. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid except insofar as the work or use which it authorizes is legal.
(b)
The issuance of permit upon plans and specifications shall not prevent the Building Official from thereafter requiring the correction of errors in the plans and specifications, or preventing building operations being carried on thereunder when in violation of this chapter.
(a)
Applicability. This section shall control land uses, buildings or other structures that were legally established but do not currently conform to the provisions of this chapter as the result of the enactment of this chapter, its predecessor, or subsequent amendment thereof.
(b)
Nonconforming use of buildings. The lawful use of a building may be continued although such use does not conform to the provisions of this chapter. Such use may be extended throughout the building, provided no structural alterations except those required by law or ordinance, or ordered by an authorized officer to ensure the safety of the building, are made therein. No such use shall be extended to occupy any land outside such building. If such nonconforming building is removed, or the nonconforming use of such building is discontinued for a continued period of 90 days, every future use of such premises shall be in conformity with the provisions of this chapter.
(c)
Change of nonconforming use of buildings. If no structural alterations are made, a nonconforming use of a building may be changed to a use of the same or higher classification. For the purposes of this provision, the zoning districts shall be considered arranged in a hierarchy from the highest, or most restrictive (A-1), to the lowest, or least restrictive (I-1), as shown in section 23-1, districts established, and uses shall be classified according to the highest zoning district in which they are permitted by right. When a district shall hereafter be changed, the then existing nonconforming use in such changed district may be continued or changed to a use of similar or higher classification, provided all other regulations governing the new use are complied with. Whenever a nonconforming use of a building has been discontinued or changed to a higher classification, or to a conforming use, such use shall not thereafter be changed to a nonconforming use of a lower classification.
(d)
Nonconforming use of land. The lawful use of land although such use does not conform to the provisions of this chapter, may be continued, provided, however, that no such nonconforming use shall be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use on the date such use became nonconforming. If such nonconforming use is discontinued for a continuous period of 90 days, any future use of the land shall be in conformity with the provisions of this chapter. Where such use of land is not an accessory to the use of a main building located on the same lot or grounds, such nonconforming use of land shall be discontinued and all material completely removed by its owner not later than two years from the date on which the use became nonconforming.
(e)
Noncomplying structures. The use of a building or other structure lawfully constructed, although not currently conforming to the provisions of this chapter, may be continued and may be enlarged or converted to another use, provided that no enlargement or conversion shall be made that would either create a new noncompliance or increase the degree of noncompliance.
(f)
Building destroyed. In the event that a noncomplying building or a building occupied by a nonconforming use is damaged or destroyed to the extent of not more than 50 percent of its replacement value by fire, explosion or other casualty, or act of God, or the public enemy, the building may be reconstructed and the previous use restored, provided that the reconstruction does not increase the degree of noncompliance that existed at the time of such partial destruction. In the event that such a building is damaged or destroyed to the extent of more than 50 percent of its replacement value by involuntary means, such building shall be reconstructed and used only in accordance with the provisions of this chapter.
(a)
Purpose and applicability. This section implements the policy of the City of Cooper City for processing of requests for reasonable accommodation to its ordinances, 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"). For purposes of this section, a "disabled" individual or person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or an applicant applying on behalf of one or more qualified individuals) may request a reasonable accommodation with respect to the City's land use or zoning laws, rules, policies, practices or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section.
(b)
Application. An applicant shall request relief under this section prior to filing a lawsuit, by completing a reasonable accommodation request form, which is available from the City's Growth Management Department. The form shall contain such questions and requests for information as are necessary for evaluating the relief requested.
(c)
Notice. The City shall display a notice of the request for reasonable accommodation on the City's public notice bulletin board and shall maintain copies available for review in the Growth Management Department and the City Clerk's Office. The notice shall advise the public that a request for reasonable accommodation is pending. The location, date and time of the applicable public hearing shall be included in the notice.
(d)
Application and hearing. The City Manager shall have the authority to consider and act on requests for reasonable accommodation submitted to the Growth Management Department. A public hearing shall be held by the City Manager on the request for reasonable accommodation within 45 days of receipt of a completed application, unless the applicant agrees in writing to extension of the hearing date. A final written determination shall be issued by the City Manager no later than 30 days after the conclusion of the public hearing. The final written determination may: (i) grant the relief requested, (ii) grant a portion of the request and deny a portion of the request, or impose conditions upon the grant of the request, or (iii) deny the request. Any determination shall be final, in writing, and shall state the reasons for the decision. The final written determination shall be sent to the applicant by certified mail, return receipt requested.
(e)
Additional information. If necessary, prior to the public hearing, the City may request additional information from the applicant, specifying in sufficient detail what information is required. In the event a request for additional information is made to the applicant by the City, the hearing shall be conducted within 30 days after the applicant's provision of the additional information requested. The applicant shall have 15 days after the date the information is requested to provide the additional information. If the applicant fails to timely respond with the requested additional information, the City shall notify the applicant and proceed with scheduling a public hearing; however, the applicant and the City may extend the time period for conducting the hearing by mutual agreement. The City Manager will issue a final written determination regarding the relief requested as required in subsection (d) of this section, based on the information in the City's possession at the time of the public hearing.
(f)
Criteria. In determining whether the reasonable accommodation request shall be granted or denied, the applicant shall be required to establish that the request is reasonable and necessary to afford handicapped or disabled persons an equal opportunity to use and enjoy housing, by first establishing that the persons to receive the benefit from the request are handicapped or disabled, as defined in the FHA and/or ADA. Although the definition of disability is subject to judicial interpretation, for purposes of this subsection, the applicant must show that the disability involves:
(1)
A physical or mental impairment which substantially limits one or more major life activities;
(2)
A record of having such impairment; or
(3)
That they are regarded as having such impairment.
Next, the applicant shall be required to demonstrate that the proposed accommodation being sought is reasonable and necessary to afford handicapped or disabled persons equal opportunity to use and enjoy housing. The foregoing (as interpreted by the courts) shall be the basis for a decision of the City Manager upon a reasonable accommodation request.
(g)
Exhaustion required. Completion of the reasonable accommodation procedures shall be a supplement to and not a substitute for any other pre-litigation dispute resolution processes available by law to the City or the applicant. Completion of the reasonable accommodation procedures shall constitute the exhaustion of all administrative remedies available from the City.
(h)
Effect while pending. While an application for reasonable accommodation or appeal of a determination of same is pending before the City, the City will not enforce the Code, rules, policies, and procedures which are the subject of the request against the applicant, except that the City may seek relief through the code enforcement procedures of Article VI "Code Enforcement" of Chapter 13 "Public Safety" of the Code of Ordinances, or through injunctive relief if an imminent threat to the health, safety and welfare of the public is present.
(i)
Appeals. An applicant aggrieved by a decision of the City Manager on a request for reasonable accommodation may appeal the decision to the City Commission in accordance with the following procedures:
(1)
The denial or other disputed determination of a request for reasonable accommodation pursuant to this section may be appealed to the City Commission by filing a notice of appeal, on a form provided by the City Manager, within 30 days of the date of the issuance of the final written determination by the City Manager in accordance with subsection (d).
(2)
After receipt of the notice of appeal, the appeal will be placed on a City Commission agenda for a hearing within 60 days, with public notice provided as required by subsection (c). At the hearing, the applicant may present evidence and testimony relating to the issues appealed, and the standard of review for such appeal shall be de novo.
(3)
At the hearing, the City Commission shall grant the appeal, deny the appeal or grant the appeal subject to conditions.
(j)
Additional provisions for reasonable accommodation. The following provisions shall be applicable:
(1)
The City shall display a notice in its public notice bulletin board and on its website advising the public of this reasonable accommodation procedure and that applications for reasonable accommodation may be obtained from the Growth Management Department.
(2)
An applicant may apply for reasonable accommodation on his or her own behalf, or may be represented at all stages by a representative designated by the applicant.
(3)
The City shall provide such assistance and accommodation as is required pursuant to federal and state law, in connection with a disabled person's request for reasonable accommodation, including, without limitation, assistance with reading application questions, responding to questions, completing the form, filing an appeal, and appearing at a hearing, etc., to ensure that the process is accessible.
(Ord. 14-2-4, § 4, 2-25-14)