In order to classify, regulate and restrict the uses of land and buildings, the height and bulk of buildings, the amount of open spaces about buildings, intensity of land use, the Village of North Palm Beach, Florida is divided into twelve (12) zoning districts, as follows:

In the creation of this ordinance of the respective districts, the village council has given due and careful consideration to the peculiar suitability of each district for the particular uses and regulations applied thereto and to the densities of population, all in accordance with the comprehensive development plan of the village.

(Ord. No. 208-70, § 1, 3-12-70; Ord. No. 10-73, § 1, 9-13-73; Ord. No. 20-90, § 1, 6-28-90; Ord. No. 1-95, § 1, 3-23-95; Ord. No. 33-97, § 1, 7-10-97; Ord. No. 2020-06, § 11, 9-24-20)

(a)

The community development director shall determine which uses proposed within a commercial or mixed-use zoning district have substantially the same characteristics as a use specifically listed as a permitted use. Proposed uses with characteristics that are similar to a permitted use, but not substantially the same, may be established only upon written application to the community development director for a special use permit.

(b)

In evaluating an application for a special use permit for the establishment of a similar use, the community development director shall, in consultation with other village departments, consider the characteristics of the proposed use, including, but not limited to, size, intensity, density, operating hours, demands for public facilities, traffic impacts and business practices.

(c)

Upon review and evaluation of the application, the community development director shall present his or her recommendation to the village council for final consideration on the next available council agenda.

(d)

The village council shall conduct a public hearing on the application for special use permit and determine whether the application meets the criteria set forth in subsection (b) above. Public notice is not required for special use permit hearings. The village council shall grant or deny the application by written order.

(e)

In granting a special use permit, the village council may impose conditions necessary to ensure that the proposed use:

(1)

Is compatible with the existing or planned character of the neighborhood in which it would be located;

(2)

Will not have an adverse impact upon adjacent properties; and

(3)

Will not interfere with the use of adjacent properties.

Such conditions may include restrictions on the size and operating hours of the proposed use.

(f)

If the conditions imposed by the special use permit are not met, the community development director may revoke the permit. A permit holder may appeal the revocation of a special use permit by filing an appeal, in writing, to the Planning Commission within thirty (30) days of receipt of written notice of revocation.

(Ord. No. 2007-16, § 2, 10-25-07; Ord. No. 2020-06, § 12, 9-24-20)

(a)

General provisions.

(1)

Purpose. The purpose of this section is to provide for review of uses that are generally compatible with use characteristics of a zoning district, but which require individual review of their location, design, intensity, configuration and public facility impact in order to determine the appropriateness of the use on any particular site in the zoning district and their compatibility with adjacent uses. Special exception uses may require the imposition of additional conditions to make uses compatible within their specific contexts.

(2)

Authority. The village council may, in accordance with the procedures, standards and limitations of this section, grant special exception use approvals for those uses enumerated as special exception uses in any zoning district.

(3)

Persons entitled to initiate applications. An application for special exception approval may be submitted by the owner of the property or any other person having a contractual interest in the lot or parcel of land proposed for a special exception use.

(b)

Standards for review of special exception use approvals. A special exception use approval shall be granted only if the applicant demonstrates the following:

(1)

Consistency with the land development regulations and comprehensive plan. The proposed special exception use shall comply with all requirements and be consistent with the general purpose, goals, objectives and standards of the village's land development regulations and comprehensive plan.

(2)

Effect on adjacent properties.

a.

The proposed special exception use will not have an undue adverse effect upon nearby property or generate excessive traffic or noise.

b.

The proposed special exception use is compatible with the existing or planned character of the neighborhood or area in which it would be located and is compatible with existing and future development.

c.

All reasonable steps have been taken to minimize any adverse effect of the proposed special exception use on the immediate vicinity through building design, site design, landscaping and screening.

d.

The proposed special exception use will be constructed, arranged and operated so as not to interfere with the development and use of neighboring properties, in accordance with applicable zoning district regulations.

(3)

Public welfare. The proposed special exception use will protect the village's tax base, will not create a financial burden on the village, and will be in the interests of the public health, safety, comfort, convenience and general welfare.

(c)

Conditions on special exception approvals. The village council shall attach such conditions, limitations and requirements to a special exception use approval as are necessary to carry out the spirit and purposes of the village's land development regulations and comprehensive development plan and to prevent or minimize adverse effects upon other properties in the neighborhood or area. These conditions may include, but are not limited to, limitations on size, intensity of use, bulk and location, landscaping, lighting, provision of adequate ingress and egress, and hours of operation. Such conditions shall be set forth expressly in the written order, resolution or ordinance granting the special exception approval. A violation of any condition shall be considered a violation of this Code and is subject to code enforcement proceedings in accordance with Chapter 2 or any or method of enforcement authorized by law.

(d)

Special exception uses within planned unit developments. When the proposed special exception use will be located within a planned unit development, the special exception use review shall be conducted concurrently with the planned unit development approval process and any conditions relating to the proposed special exception use shall be set forth in the ordinance approving the planned unit development.

(e)

Procedure.

(1)

The special exception use shall be subject to preliminary review by the community development department. Once the community development director certifies that the application is complete, the director shall forward it to the planning commission for a public hearing.

(2)

The planning commission shall review the application and forward a recommendation of approval, approval with conditions or denial to the village council. If the special exception request was included with a site plan and appearance application, the planning commission shall forward the complete application to the village council for final decision.

(3)

Upon receipt of a recommendation of the planning commission, the village council shall conduct a public hearing and determine whether the proposed special exception use meets the requirements of this section. The village council shall approve, approve with conditions or deny the application at the close of the public hearing. The approval of a special exception use, with or without conditions, shall be in the form of a written order, resolution or ordinance.

(4)

Upon denial of an application for special exception use approval in whole or in part, a period of one (1) year must elapse prior to the filing of a substantially similar application affecting the same property.

(f)

Public notice. Public notice of all hearings shall be provided as required by Section 21-3.

(Ord. No. 2015-13, § 2, 7-23-15; Ord. No. 2020-06, § 13, 9-24-20)

(1)

Adopted by reference. The aforesaid districts and the boundaries thereof are as shown upon the "official zoning map" which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this ordinance as if the information set forth on the map was all fully described and set out herein.

(2)

Identification. The official zoning map shall be identified by the signature of the mayor attested by the village clerk, and bearing the seal of the village under the following words: "This is to certify that this is the official zoning map referred to in section 3 of Ordinance No. 20 of the Village of North Palm Beach, Florida, as amended," together with the date of the adoption of this ordinance.

(3)

Changes.

(a)

If, in accordance with the provisions of this ordinance changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on a new official zoning map promptly after the amendment has been approved by the Village Council. The new official zoning map shall be adopted in accordance with provisions set forth in Section 45-17(5).

(b)

No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in subsection (3)(a). Any unauthorized change of whatever kind or any failure to make a change when directed by ordinance by any person or persons shall be considered a violation of this ordinance and punishable as provided under section 45-6 of this ordinance.

(4)

Location; final authority. Regardless of the existence of purported copies of the official zoning map which may, from time to time, be made or published, the official zoning map which shall be located in the office of the village clerk shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the village.

(5)

Damaged; destroyed, etc. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the village council may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such corrections shall have the effect of amending the original official zoning map or any subsequent amendment thereto. The new official zoning map shall be identified by the signature of the mayor attested by the village clerk and bearing the seal of the village under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as part of Ordinance No. 20 of the Village of North Palm Beach, Florida."

Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment. Each replacement official zoning map shall be numbered in consecutive order as adopted.

(Ord. No. 208-70, 3-12-70; Ord. No. 26-95, § 1, 8-24-95)

Where uncertainty exists as to the boundaries of any district shown upon the zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as following street, alley or lot lines, said lines shall be construed to be such boundaries.

(2)

Where any public street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting land shall apply to the portion of such street or alley added thereto by virtue of said vacation or abandonment.

(3)

In case any further uncertainty exists, the village council shall interpret the intent of the map as to the location of such boundaries.

Except as hereinafter provided:

A.

No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with the regulations for the district in which such building or land is located.

B.

No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limits herein established for the district in which such building is located.

C.

The minimum open spaces around a main building as provided for in this ordinance shall not be encroached upon or be considered as open spaces for any other building.

D.

There shall not be more than one (1) main building and its customary accessory building(s) on a lot in the R-1 single-family dwelling district.

E.

The types, location and uses of buildings and land publicly owned and used in the performance of a public function may be permitted in any district, provided such type, location and use is approved by the village council. The village council may limit the length of time of such type, location and use.

(Ord. No. 2-82, § 1, 1-28-82; Ord. No. 2009-04, § 3, 4-23-09; Ord. No. 2020-06, § 13, 9-24-20)

(1)

Legislative intent. The intent of the village council in adopting this section is to establish reasonable and uniform regulations for the adult entertainment industry that will protect the health, safety, property values, and general welfare of the people, businesses, and industries of the Village of North Palm Beach. It is not the intent of the Village Council to legislate with respect to matters of obscenity. These matters are regulated by federal and state law, including Chapter 847 of the Florida Statutes. It is not the intent of the Village Council in adopting this section to condone distribution of obscene materials.

This section is intended to provide for the proper location of adult entertainment establishments in the C-S Shopping Commercial District and to protect the integrity of adjacent neighborhoods, educational institutions, religious institutions, parks and other commercial enterprises. Proper separation of adult entertainment establishments prevents the creation of "skid-row" areas in the village which results from the concentration of these establishments and their patrons. It is the intent to limit the secondary effects of adult entertainment establishments as set out in the findings of fact contained within the Palm Beach County "Adult Entertainment Code," Ordinance No. 88-31.

The locational restrictions contained in this section should not be construed as to apply only to those residential zoning districts, religious institutions, educational institutions, parks and other commercial enterprises which cater to or are attended by persons under eighteen (18) years of age. The restrictions within this section are also intended to ensure that residential zoning districts, educational institutions, religious institutions, parks and other commercial enterprises are located in areas free from the secondary effects of adult entertainment establishments.

The location of residential zones, educational institutions, religious institutions, parks and other commercial enterprises within viable, unblighted and desirable areas support the preservation of property values and promote the health, safety and welfare of the public at large.

(2)

Findings of fact. Based on the evidence and testimony presented at first reading and public hearing, the Village Council of the Village of North Palm Beach reaffirms the findings of fact contained within the Palm Beach County Adult Entertainment Code and on the findings incorporated in the United States Attorney General's Commission on Pornography (1986): "A Summary of a National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstores on Property Values," conducted by the Division of Planning, Department of Metropolitan Development, City of Indianapolis, January 1984; the "Study of the Effects of Concentration of Adult Entertainment Establishments in the City of Los Angeles, " conducted by the Planning Committee for the Los Angeles City Council, June 1977; the study conducted by the City of Austin, Texas; the Metropolitan Bureau of Investigation (MBI) for the Ninth Judicial Circuit (Orlando area); and information from Tampa, Florida, detailing the effects of adult entertainment establishments in the Tampa area.

In addition to the foregoing recitals, the village council further finds that:

(a)

The possession, display, exhibition, distribution and sale of books, magazines, motion pictures, prints, photographs, periodicals, records, novelties and devices which depict, illustrate, describe or relate to "specific anatomical areas" or "specified sexual activities" as the terms are defined herein are business activities that exist or may exist within the village.

(b)

Businesses where employees including dancers and entertainers perform or are presented while displaying or exposing "specified anatomical areas" as that term is defined herein exist or may exist within the village.

(c)

Where the activities described in paragraphs (a) and (b) above are present, the experience of many other communities indicate that illegal activities tend to occur including, but not limited to, prostitution, pandering, solicitation for prostitution, lewd and lascivious behavior, exposure of minors to harmful materials, the possession, distribution and transportation of obscene materials and of controlled substances.

The village council further finds there is a direct relationship between the display or exposing of specified anatomical areas and an increase in criminal activities, moral degradation and disturbances of the peace and good order of the community and the concurrences of these activities is hazardous to the health and safety of those persons in attendance and tends to depreciate the value of adjoining property and harm the economic welfare of the community as a whole. These secondary effects are adverse to the public's interest and quality of life, tone of commerce and total community environment in the Village of North Palm Beach.

The combination of the sale or consumption of alcoholic beverages with the display or exposing of specified anatomical areas is adverse to the public's interest and quality of life, tone of commerce and total community environment in the Village of North Palm Beach.

(3)

Definitions. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed them in the Palm Beach County Adult Entertainment Code at time of passage of this ordinance, except where the context clearly indicates different meaning.

Adult arcade

Adult bookstore/adult video store

Adult booth

Adult dancing establishment

Adult entertainment establishment

Adult material

Adult motel

Adult theater

Adult video store

Alcoholic Beverage

Board

Code

Commercial Gain

Commercial establishment

Conviction

Department

Educational Institution

Employee

Establishment

Inspector

Licensed premises

Licensee

Operator

Person

Principal stockholder

Private Performance

Specified anatomical areas

Specified criminal act

(4)

Prohibited locations.

(a)

Notwithstanding any other provision of this Code, or any provision of the village planning, land development and zoning regulations, no person shall propose, cause or permit the operation of, or enlargement of, an adult entertainment establishment which, while in operation or after enlargement, would or will be located within one thousand (1,000) feet of a commercial establishment that in any manner sells or dispenses alcohol for consumption on premises (other than establishments set forth in Subsection (4)(e)), within five hundred (500) feet of Zoning District P, public district, within one thousand (1,000) feet of a religious institution, within five hundred (500) feet of an educational institution, child care facility, family day care home or community residential home, within two hundred (200) feet of an area zoned for residential use, within two hundred (200) feet of an area designated as residential on the future land use map of the village's comprehensive plan, within five hundred (500) feet of a park, or within two thousand (2,000) feet of another adult entertainment establishment.

(b)

In addition to the distance requirements set forth in subsection (a), an adult entertainment establishment shall not be allowed to open, exist or do business anywhere except in the C-S and C-G zoning district where adult entertainment establishments are an expressly permitted use subject to review by the village director of community development for conformance with the requirements of the village's land development regulations.

(c)

The distance requirements of subsection (a) are independent of and do not supersede the distance requirements for alcoholic beverage establishments which may be contained in other laws, rules, ordinances, or regulations.

(d)

No religious institution, educational institution, child care facility, family day care home, community residential home, park or commercial establishment that sells or dispenses alcohol for consumption on premises (other than establishments set forth in subsection (4)(e)) shall locate and operate within the distance requirements from such establishments and facilities operated and licensed for adult entertainment establishments.

(e)

The distance restrictions set forth in this subsection (4) shall not apply to any bona-fide restaurant operating under a Florida 4-COP-SRX license as a restaurant with full kitchen facilities and fifty-one (51) percent or more of gross sales being derived from the sale of food and non-alcoholic beverages. Alcoholic beverages are to be served only when the restaurant is open for sale and service of food.

(5)

Measurement of distance. The distance from a proposed or existing adult entertainment establishment to a pre-existing adult entertainment establishment, a pre-existing religious institution, to Zoning District P, public district, a pre-existing religious institution, a pre-existing educational institution, child care facility, family day care home or community residential home, an area zoned for residential use, an area designated on the future land use map of the comprehensive plan as residential, a pre-existing residence, a pre-existing park or a pre-existing commercial establishment that sells or dispenses alcohol shall be measured by drawing a straight line between the closest lot lines of the proposed or existing adult entertainment establishment and the pre-existing adult entertainment establishment, pre-existing religious institution, Zoning District P, public district, pre- religious institution, a pre-existing educational institution, child care facility, family day care home or community residential home, an area zoned for residential use, a pre-existing residence, a pre-existing park or a pre-existing commercial establishment that sells or dispenses alcohol that is located outside the incorporated limits of the Village of North Palm Beach. This provision is intended to prevent within the Village of North Palm Beach the adverse impacts and secondary effects created by the concentration of adult entertainment establishments and the placement of such establishments in close proximity to the other specified uses, whether the other specified uses are located within or without the incorporated limits of Village of North Palm Beach.

(6)

No variance. There shall be no variance to the distance requirements of this section.

(7)

Nonconforming uses. If any nonconforming adult business ceases to do business for a continuous period of ninety (90) days, it shall be deemed abandoned and shall not thereafter reopen except in conformance with these regulations.

(8)

Supplemental administrative requirements.

(a)

Rules of construction. This section shall be liberally construed to accomplish its purpose of regulating and dispersing adult entertainment establishments and related activities.

(b)

Development design and improvement standards. The staff shall compare the official plans of the building department and official zoning map against the plan submitted.

(c)

All adult materials shall be located and the activities of employees which include the exposure of specified anatomical areas shall take place within the adult business premises.

(d)

No adult materials or activities of employees which include the exposure of specified anatomical areas shall be visible from the exterior of the adult business premises in any way including, but not limited to, exterior apertures such as opened doors and unobscured windows.

(e)

No merchandise, advertising or depictions of the activities of an adult business shall be displayed on the exterior of the adult business premises or in any location where they are visible from public right-of-way.

(f)

No adult business shall display a sign:

(1)

Advertising the presentation of any activity prohibited by Florida Statute law or any applicable village ordinance; or

(2)

Capable of leading a reasonable person to believe that the establishment engages in an activity prohibited by Florida Statute law or any applicable village ordinance.

(3)

Containing any flashing lights, photographs, silhouettes, drawings or pictorial representations of any manner (except for the logo of the establishment, provided the logo shall not contain any specified anatomical areas, or any male or female forms at or below the clavicle).

(9)

Display or exposure of specified anatomical area. It shall be unlawful for any person to display or expose any specified anatomical area to others, regardless of whether such person is actually engaging in dancing, in any commercial establishment where alcoholic beverages are, or are available to be sold, dispensed, consumed, possessed, or offered for sale or consumption on the premises. The penalty for violation of this subsection (9) shall be revocation of business tax receipt issued by the village.

(10)

Disclosure of names aliases and dates of birth of employees. Owners and operators of all adult entertainment establishments in the village shall disclose to the village the names, aliases and dates of birth of all employees in their respective establishments. Such information shall be furnished the village in writing prior to issuance or renewal of a business tax receipt of the village and at such other times as requested by village officials. The failure to make such disclosure shall result in either the loss of business tax receipt or the failure of the village to issue a new receipt or renewal thereof.

(11)

Enforcement. The provisions of this Code may be enforced by:

(a)

A suit brought by the village council in the Circuit Court of Palm Beach County to restrain, enjoin, or prevent a violation of this Code; and

(b)

Enforcement proceedings by the village's code enforcement board; and

(c)

Criminal prosecution; and

(d)

Any and all other legal proceedings and remedies available to the village as provided by law.

(Ord. No. 22-95, § 1, 7-17-95; Ord. No. 37-95, §§ 1—8, 12-14-95; Ord. No. 6-96, § 1, 1-25-96; Ord. No. 17-98, § 1, 8-13-98; Ord. No. 02-2002, § 1, 2-14-02; Ord. No. 2006-24, § 2.L.1, 11-9-06; Ord. No. 2006-28, § 10, 12-14-06)

Antenna and/or antenna towers owned and operated subject to provisions of the Telecommunications Act of 1996 may be located and constructed in accordance with the following provisions:

(1)

a.
The village planning commission will consider, in accordance with article III of chapter 6 of the village code of ordinances, applications for tele communication antenna and/or antenna towers which are attached to, or replace existing structures provided the overall height of the antenna and/or tower does not extend more than twenty (20) feet above the existing structure.

b.

In approving a tower or antenna location, the planning commission shall consider the attachment to or replacement of existing structures which will result in the least visually offensive installation to be the most preferred location for such installations. Such structures may include but are not limited to highrise residential or commercial buildings, sports lighting poles, existing antenna towers and/or public utility structures.

(2)

New free standing towers/antenna locations and new tower/antenna locations which do not conform to section 45-1 of this article may only be allowed by special exception granted by the village council subject to the following criteria:

a.

The village council shall consider when evaluating whether to approve an antenna/tower location whether there is suitable and reasonably available public or private property which would physically accommodate the tower or antenna without unreasonably compromising the antenna's signal reception or transmitting capability or unreasonably compromise the communication system capability, and without negatively impacting the aesthetics of the tower.

b.

New freestanding tower/antenna locations and new tower/antenna locations will be considered only after the applicant for an antenna or antenna tower has to the fullest extent practicable, demonstrated to the village council that all existing structures either will not accommodate an antenna installation or are not available for an antenna or antenna tower installation. If an antenna or antenna tower cannot be located on any existing structure without unreasonably compromising the antenna tower's signal reception or transmission capability or unreasonably compromising the communication system's capability, the village council will next consider in the following order of preference, alternate properties and zoning districts:

1.

I-1, light industrial district.

2.

C-G, general commercial district.

3.

OS, conservation and open space district.

4.

P, public district.

5.

C-S, shopping commercial or C-3 regional mixed-use business district.

6.

Reserved.

7.

R3, apartment dwelling district.

Alternative properties and zoning districts may only be considered after it has been demonstrated that an antenna tower cannot be located on any higher preferred property or zoning district.

The village council shall act to approve the tower/antenna location by special exception. Upon the granting of a special exception for location, the application will be remanded to the village planning commission for approval in accordance with article III of chapter 6 of the village code of ordinances.

c.

In no case may a tower/antenna installation height exceed more than twenty (20) feet above the maximum height allowed by this code.

(3)

Any applicant requesting antenna tower location approval is required to accommodate antenna facilities of other providers (co-location), on a nondiscriminating basis, to avoid duplication of the erection of such towers or provide verifiable objective data, why it cannot do so. Moreover, it will be presumed that if a proposed site is within one-half mile of an existing antenna tower that can reasonably accommodate the applicant's antenna, a denial of the application would not result in an unreasonable compromise to the applicant's communication system capability or an unreasonable compromise to the antenna tower's reception or transmission capability.

(4)

The applicant must to the fullest extent practicable, demonstrate to the village that the antenna tower and accessory equipment buildings will be screened from view by architectural features, landscaping, existing natural vegetation, or will be aesthetically designed to blend into and harmonize with the area or location surrounding the antenna or antenna tower site in accordance with the village of North Palm Beach Appearance Plan.

(5)

Antenna or antenna towers shall not be artificially lighted except as required for public safety purposes, or by the Federal Aviation Administration (FAA). Signage shall not be allowed except as required for public safety purposes, or by the Federal Communications Commission (FCC).

(6)

To the extent not in conflict with the provisions described above, any proposed antenna or tower or accessory equipment building will be subject to all applicable village codes and regulations.

(Ord. No. 12-97, § 1, 2-27-97; Ord. No. 2015-11, § 3, 6-25-15)

Editor's note— Section 45-21, relative to oceanfront land in the R-1 district, has been repealed by Ord. No. 4-82, § 1, enacted Jan. 28, 1982. The former section did not bear a history note. Subsequently, Ord. No. 12-97, § 1, adopted Feb. 27, 1997 added new provisions pertaining to telecommunications antenna and antenna towers as herein set out.

There shall be a building setback line of not less than fifty (50) feet from the dune line, or one hundred (100) feet from the highwater line, whichever distance is greater, for all property bordering on the Atlantic Ocean. The measurement of the setback from the dune line and the highwater line shall be to the closest edge of any building to be constructed on the Atlantic oceanfront.

(Ord. No. 23-72, § 1)

All newly constructed automotive service stations shall have a permanently installed emergency generator. Existing automotive service stations shall be required to install permanent emergency generators whenever such service station is rebuilt after being destroyed to an extent of more than fifty (50) percent of its assessed value or whenever a revised site plan for such service station is submitted for approval which enlarges upon or alters in any way the original site plan for that service station. All others shall have a transfer installed within two (2) years of the passage of this section, to allow for a portable generator to be easily connected to the service station. For the purposes of this section, an automotive service station means any commercial establishment engaged in the retail sale of gasoline.

(Ord. No. 2006-22, § 2, 9-14-06)

All community residences providing personal care, community residential homes, and assisted living facilities shall be required to obtain a business tax receipt from the village in accordance with the provisions of chapter 15 of this code and are subject to the annual fire safety inspection set forth in section 12-17 of this code. At the time of business tax renewal, a community residence providing personal care shall provide proof that it remains a Florida Association of Recovery Residences (FARR) certified recovery residence and is managed by a certified recovery residence administrator.

(Ord. No. 2017-22, § 2, 12-14-17; Ord. No. 2019-08, § 2, 8-8-19)

(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.

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 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.

All applications for a community residence shall demonstrate that it meets each of the following:

a.

The community residence is located a sufficient distance from any existing community residence so that the proposed community residence neither lessens nor interferes with the normalization and community integration of the residents of existing community residences and does not, taking into account existing community residences, contribute to the creation or intensification of a de facto social service district.

b.

The community residence operates as the functional equivalent of a family that fosters normalization and community integration of its residents.

c.

The community residence is a Florida Association of Recovery Residences (FARR) certified recovery residence, meeting all of the requirements set forth in Section 397.487, Florida Statutes, as amended, and is managed by a certified recovery residence administrator.

3.

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.

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 forty-five-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 forty-five-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 fifteen-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.

4.

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.

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), as well as the applicant's ability to demonstrate compliance with the requirements set forth in subsection (c)(2) above (where applicable) shall be the basis for the Community Development Director's recommendation and the Village's Council determination on the reasonable accommodation request.

5.

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.

(Ord. No. 2017-22, § 2, 12-14-17; Ord. No. 2019-08, § 2, 8-8-19)