(a)

Title. This chapter shall be known as the Zoning Ordinance of the town.

(b)

Purpose and intent. The purpose of this chapter is to encourage the most appropriate use of land in the town. The chapter is intended to foster and preserve public health, safety, comfort and welfare, and promote aesthetically and environmentally sound development of the town in accordance with the goals, objectives and policies of the town comprehensive plan. The town desires to achieve a pattern and distribution of land uses which will maintain and enhance significant environmental resources and establish the town as a unique and distinctive place in the Treasure Coast region with a high quality of life and aesthetic, secure environment for the town's residents and businesses.

(Ord. No. 92-5, § 1(22.01), 8-18-1992)

All terms defined in chapter 46 are applicable in this chapter.

(Ord. No. 92-5, § 1(22.02), 8-18-1992)

Cross reference— Definitions generally, § 1-2.

(a)

In order to classify, regulate and restrict the use of land, water, buildings and structures; to regulate and restrict the height and mass of buildings; to regulate the area of yards and other open spaces within areas of development; and to regulate the intensity of land use and implement the town's comprehensive plan, the town is divided into zoning districts as follows:

(1)

Single-family residential district;

(2)

Multi-family residential district;

(3)

Commercial district;

(4)

Conservation district.

(Ord. No. 92-5, § 1(22.03), 8-18-1992; Ord. No. 95-3, § 2, 7-18-1995; Ord. No. 2023-03, § 2(Exh. A), 1-4-2023)

(a)

Allowed uses. It is the intent of this chapter to allow certain uses to locate in specified zoning districts as permitted uses, or uses requiring the issuance of a conditional use permit.

(b)

Permitted uses. No land shall be developed for any purpose unless the use is specifically listed in the permitted use section of the applicable zoning district and the use fully complies with all of the applicable district regulations.

(c)

Conditional uses. Conditional uses are those which may be permitted under the provision of these Land Development Regulations (subpart B of this Code) and which, when granted, authorize a specific use to be made of a specific property, subject to compliance with all terms and conditions imposed on the entitlement.

(d)

Accessory uses. No accessory use, as defined in chapter 46 shall be constructed, remodeled, established, altered or enlarged unless such accessory use or structure receives permit approval in the same manner as the principal structure or use and complies with applicable regulations.

(Ord. No. 92-5, § 1(22.04), 8-18-1992; Ord. No. 98-5, § 1, 4-24-1998)

(a)

When a use is not specifically listed in these Land Development Regulations (subpart B of this Code), it shall be understood that the use may be allowed if it is determined by the town manager that the use is similar to other uses listed.

(b)

It is recognized that every conceivable use cannot be identified in this subpart B, and anticipating that new uses will evolve over time, this section establishes the town manager's authority to compare a proposed use and measure it against those listed in this subpart B and the Standard Industrial Classification manual for determining similarity.

(c)

In determining similarity the town manager shall make all of the following findings:

(1)

The proposed use shall meet the intent of, and be consistent with, the goals, objectives and policies of the town comprehensive plan.

(2)

The proposed use shall meet the stated purpose and general intent of the district in which the use is proposed to be located.

(3)

The proposed use shall not adversely impact the public health, safety and general welfare of the town's residents.

(4)

The proposed use shall share characteristics common with, and not be of greater intensity, density or generate more impact than those uses listed in the zoning district in which it is to be located.

(d)

The town manager may, after review of the criteria set forth in this section, determine that certain uses are prohibited uses and shall not be allowed in any zoning district.

(e)

Appeals of decisions on unlisted uses may be appealed to the town council.

(Ord. No. 92-5, § 1(22.05), 8-18-1992; Ord. No. 2023-03, § 2(Exh. A), 1-4-2023)

The boundaries of the zoning districts established by this chapter are hereby fixed and shall be shown upon the map designated as the "Town of Orchid Official Zoning District Map," on file with the town clerk. This map shall be consistent with the adopted comprehensive plan. Amendments shall follow the process adopted by the town.

(Ord. No. 92-5, § 1(22.06), 8-18-1992)

(a)

Uses. Uses in the single-family residential district are classified as permitted uses, conditional uses, or accessory uses. Site plan review shall be required for all construction, alteration and use of all structures and buildings, except single-family residences in the single-family residential district, accessory living quarters, and single-family zero lot line detached dwellings on plats approved for such development.

(b)

Permitted uses. Permitted uses in the single-family residential district are single-family dwellings.

(c)

Conditional uses. Refer to chapter 54 for specific criteria for conditional uses. Conditional uses in the single-family residential district are as follows:

(1)

Single-family zero lot line detached dwellings;

(2)

Country clubs and golf courses;

(3)

Docks;

(4)

Recreational uses;

(5)

Dog parks;

(6)

Community amenities.

(d)

Accessory uses. Accessory buildings or uses customarily associated with and incidental to the permitted primary use of a lot. Accessory uses shall be allowed pursuant to the permitting process established for the primary uses of the lot unless otherwise provided in this subsection (d). Accessory buildings shall be structural in nature and a building permit shall be required. Accessory uses in the single-family residential district include, but are not limited to:

(1)

Accessory living quarters. Accessory living quarters shall be permitted only on lots developed with an existing single-family residence and under the following conditions:

a.

All accessory living quarters shall comply with applicable zoning bulk regulations including, but not limited to, setback and open space requirements.

b.

Accessory living quarters shall not have a separate address or a separate utility meter.

c.

Accessory living quarters shall be under common ownership with the principal dwelling unit and shall not be rented separately from the principal dwelling unit.

d.

All accessory living quarters shall be constructed concurrently with or subsequent to the construction of the principal dwelling unit. No certificate of occupancy shall be issued for any accessory living quarter until the certificate of occupancy is issued for the principal dwelling unit.

(2)

Non-residential structures for storage and/or relaxation. Non-residential structures for storage or relaxation shall be allowed under the following conditions:

a.

Site plan approval shall be required under chapter 78 of the land development regulations, except if the structure is accessory to a single-family residence.

b.

All structures shall comply with applicable zoning regulations including, but not limited to, setback and open space requirements.

c.

Structures shall not have a separate mailing address or a separate utility meter.

d.

Nothing herein shall be interpreted or construed to permit the construction, placement, or installation of a prefabricated or flat-pack storage/utility shed or cabin on single-family residential lots.

(e)

Setback criteria. Table 86.1 addresses building setbacks. The following setback criteria apply to other features of single-family residential development:

(1)

Swimming pools and screen enclosures. Swimming pools, including spas, hot tubs and water features, such as fountains and ponds, including associated decking and screen enclosures must be located a minimum of five feet from side and rear property lines. Refer to (5) in this subsection pertaining to ancillary, above-ground equipment regarding pool equipment.

(2)

Impervious paved areas. For the purpose of this section, pavers installed tightly together are considered impervious.

a.

A driveway shall provide access from an adjacent road and shall cross the front yard setback for this purpose—no more than two access points are permitted. See Multi-Family Residential District for lots 247 through 256 on Grove Place.

b.

Impervious paved areas, including patios and pathways, but excluding driveways, must be located a minimum of five feet from side and rear property lines. The use of gravel, loose steppingstones and mulch is permitted within this setback.

c.

Pathways may not exceed four feet in width.

(3)

Outdoor amenities. Firepits and openair kitchens/bars must be located a minimum of five feet from side and rear property lines and may not be located in front of the main structure.

(4)

Observation platforms. Observation platforms, adjacent to and partially in the lagoon, in the single-family residential district may be located in the side and rear setbacks of the property. Docks are not observation platforms.

(5)

Ancillary, above-ground equipment. All ancillary, above-ground equipment, including, but not limited to, generators, pool equipment and HVAC and any associated pad, screening wall and piping, may be located in a setback, but must be installed as closely adjacent to the served structure as possible and permitted by the Florida Building Code.

(6)

LP gas tanks. LP gas tanks and associated gas lines may be located in a setback, but the location thereof must be in full compliance with the regulations of the Florida Building Code and approved by the building official.

(f)

Design, size and dimension criteria. Design, size and dimension criteria for the single-family residential district may be found in Table 86.1.

(Ord. No. 92-5, § 1(22.07), 8-18-1992; Ord. No. 95-3, §§ 1, 2, 7-18-1995; Ord. No. 98-5, § 1, 4-24-1998; Ord. No. 99-1, § 1(22.07(3)), 1-22-1999; Ord. No. 99-4, § 1, 6-16-1999; Ord. No. 04-01, § 2, 9-1-2004; Ord. No. 2018-11, Exh. A, 9-10-2018; 2019-06, § 2(Exh. A), 12-4-2019; Ord. No. 2023-03, § 2(Exh. A), 1-4-2023; Ord. No. 2024-08, § 2(Exh. A), 11-19-2024)

Editor's note— Ord. No. 2023-03, § 2(Exh. A), adopted Jan. 4, 2023, amended § 86-7 and in doing so changed the title of said section from "Single-family residential estate district" to "Single-family residential district," as set out herein.

Editor's note— Ord. No. 2023-03, § 2(Exh. A), adopted Jan. 4, 2023, repealed § 86-8, which pertained to single-family residential standard district and derived from Ord. No. 95-3, § 3, adopted July 18, 1995; Ord. No. 98-5, § 1, adopted April 24, 1998; Ord. No. 99-4, § 1, adopted June 16, 1999; Ord. No. 04-01, § 2, adopted Sept. 1, 2004; Ord. No. 2018-11, Exh. A, adopted Sept. 10, 2018; and Ord. No. 2019-06, § 2(Exh. A), adopted Dec. 4, 2019.

(a)

Uses. Uses in the multi-family residential district are classified as permitted uses, conditional uses, or accessory uses. Site plan review shall be required for all construction, alteration and use of all structures and buildings.

(b)

Permitted uses. Permitted uses in the multi-family residential district are:

(1)

Multi-family residential structures;

(2)

Single-family residential dwellings.

(c)

Conditional uses. Refer to chapter 54 for specific criteria for conditional uses. Conditional uses in the multiple multi-family residential district are as follows:

(1)

Country clubs and golf courses;

(2)

Docks;

(3)

Recreational uses;

(4)

Community amenities.

(d)

Accessory uses. Accessory buildings shall be structural in nature and a building permit shall be required. Accessory uses in the multi-family residential district are limited to the following:

(1)

Real estate sales office. A real estate sales office is permitted as an accessory use to a country club in the multi-family residential district, provided the following requirements are met:

a.

The primary purpose of such real estate sales office is the sale of real property located within the Town of Orchid;

b.

Only one real estate sales office per country club may be permitted as an accessory use;

c.

The real estate sales office must be located within country club-owned facilities and may not be located as a stand-alone office building;

d.

Off-street parking requirements for a real estate sales office in chapter 70, which is to be counted separately from the country club-owned facilities in which it is located.

(2)

Swimming pools. Swimming pools, including spas, hot tubs and water features, such as fountains and ponds, including associated decking, screen enclosures and pool facilities (including, but not limited to, restrooms, storage buildings, changing rooms, and indoor daytime relaxation spaces) are permitted as an accessory use in the multi-family residential district.

(3)

Cabanas. Cabanas, which provide non-residential, poolside accommodation, are permitted as an accessory use to a country club in the multi-family residential district.

a.

Cabanas shall be excluded from the calculation of the overall square footage of country club facilities for the purposes of minimum parking requirements, but shall be included for the calculation of open space and building coverage.

(4)

Guest suites. Guest suites, which provide overnight accommodations, are permitted as an accessory use to a country club in the multi-family residential district.

a.

The guest suites must be located within country club-owned facilities and shall count toward the overall square footage of country club facilities.

b.

The parking requirements for guest suites are one parking space per suite.

(5)

Non-residential structures for storage and/or relaxation. Non-residential structures for storage and/or relaxation shall be allowed under the following conditions:

a.

Site plan approval shall be required under chapter 78 of the land development regulations, except if the structure is accessory to a single-family residence.

b.

All structures shall comply with applicable zoning regulations including, but not limited to, setback and open space requirements.

c.

Nothing herein shall be interpreted or construed to permit the construction, placement, or installation of a prefabricated or flat-pack storage/utility shed or cabin on single-family residential lots.

(e)

Design, size and dimension criteria. Design, size and dimension criteria for the multi-family residential district may be found in Table 86.1.

(f)

As provided on Plat 18, recorded in Plat Book 15, Page 36, of the Public Records of Indian River County, Florida, lots 247 through 256 shall share a common driveway access from Grove Place which shall be a non-exclusive easement in favor of the adjoining lot owners, the dimensions and locations of which are provided on the aforementioned plat. A mutual release of easement between adjoining lot owners may be recorded in the official records of the Clerk of Court to remove the requirement to share a common driveway. Each of these lots may have no more than two driveway access points from Grove Place.

(Ord. No. 92-5, § 1(22.08), 8-18-1992; Ord. No. 98-5, § 1, 4-24-1998; Ord. No. 2011-01, § 2, 4-18-2011; Ord. No. 2023-03, § 2(Exh. A), 1-4-2023; Ord. No. 2024-08, § 2(Exh. A), 11-19-2024)

Editor's note— Ord. No. 2023-03, § 2(Exh. A), adopted Jan. 4, 2023, amended § 86-9 and in doing so changed the title of said section from "Multiple-family district" to "Multi-family residential district," as set out herein.

(a)

Purpose. The purpose of the commercial district is to provide space in highly visible locations suitable for limited commercial development. This commercial district will permit the efficient use of land and infrastructure while ensuring that all commercial development and activities are appropriate to the natural character and conditions of the town and compatible with existing and proposed land uses. The commercial district is intended to ensure that the appearance and nature of all commercial development are compatible with the overall character of the town. Commercial activities in the town should not include uses characteristically serving a transient highway-oriented market.

(b)

Uses. Uses in the commercial district are classified as permitted, prohibited, accessory or conditional uses. Site plan review shall be required for the construction, alteration and change of use of all structures and buildings in the commercial district.

(c)

Permitted uses. Permitted uses in the commercial district are as follows:

(1)

Professional business offices (including real estate sales offices);

(2)

Medical services;

(3)

Country clubs and golf courses;

(4)

Cultural facilities;

(5)

Recreational uses;

(6)

Personal services;

(7)

Community amenities;

(8)

Municipal administrative and legislative facilities.

(d)

Conditional uses. Consult chapter 54 for specific criteria for conditional uses. Conditional uses in the commercial district are as follows:

(1)

Retail sales, including food stores (not associated with a permitted use);

(2)

Dining establishments (independently owned and not associated with a permitted use);

(3)

Residential uses: single-family and multi-family dwellings.

(e)

Accessory uses. Accessory buildings or uses customarily associated with and incidental to the permitted, primary use of the lot are allowed. Accessory uses in the commercial district shall be allowed pursuant to the permitting process established for the primary use of the lot. The town council, in its sole discretion, shall determine whether a use qualifies as an accessory use.

(f)

Prohibited uses. Prohibited uses in the commercial district shall include, but are not limited to, convenience stores and bars, unless operated by a country club.

(g)

Criteria in the commercial district.

(1)

There shall be no outside storage. All refuse shall be in containers approved by the town and kept in a secure place, screened from view. There will be no dumpsters or other solid waste storage units within 100 feet of the residential zoning district or a residential use in this district unless otherwise approved by the town council.

(2)

The hours of operation for the following permitted uses in the commercial district shall be as follows:

a.

Professional business offices (excluding real estate sales offices), medical services, and personal services from 8:00 a.m. to 6:00 p.m., Monday through Saturday;

b.

Real estate sales offices from 8 a.m. to 6 p.m. daily, including Sunday.

(3)

Lighting of commercial district improvements shall be shielded to confine light spread within the site boundaries. Lighting shall be in scale with the height and use of the site and properties with a view of the improvements. Exterior lighting fixtures shall not exceed 12 feet in height, except that lighting for outdoor sports courts/fields may be up to 22 feet in height, provided that such lighting shall only be in use while the sports courts/fields are in use, shall be shielded to confine light spread within the boundaries of the outdoor sports courts/fields and shall be additionally veiled by a landscape screen of a depth and height adequate to protect nearby residential uses from adverse impacts.

(4)

The gross floor area of any building shall not exceed 6,000 square feet.

(5)

For commercial uses, no vehicular use area shall be located closer than 25 feet to any lot line which abuts a residential use in this district or residentially-zoned property.

(6)

All commercial buildings shall be limited to one story and shall not exceed 20 feet in height.

(7)

All rooftop equipment shall be screened from public view. Mechanical equipment shall be located below the highest vertical element of the building. Flat roofs shall not be permitted.

(8)

Stormwater treatment or reclaimed water ponds in the commercial district may be utilized for the installation of a floating solar facility.

(h)

Size and dimension criteria. Size and dimension criteria for the commercial district may be found in Table 86.1.

(Ord. No. 92-5, § 1(22.09), 8-18-1992; Ord. No. 96-4, § 2, 10-28-1996; Ord. No. 98-5, § 1, 4-24-1998; Ord. No. 2018-06, § 3, 5-7-2018; Ord. No. 2023-03, § 2(Exh. A), 1-4-2023)

(a)

Purpose and intent. The conservation district is established to implement the policies of the town's comprehensive plan for managing lands for conservation uses. The conservation district is intended to promote the management, enhancement and protection of the natural resources and systems found in the town.

(b)

Uses. Uses in the conservation district are classified as permitted uses, conditional uses, or accessory uses. Uses other than those named in this section may be permitted with town council approval but must be replaced by equal land acreage redesignated as conservation land. Site plan review shall be required for the construction, alteration and change of use of all structures and buildings in the conservation district.

(c)

Permitted uses. Permitted uses in the conservation district are as follows:

(1)

Natural resource management (i.e. the management of natural resources such as land, water, soil, flora and fauna, with a particular focus on the protection and sustainability of such resources);

(2)

Natural resource research (i.e. scientific research for the purpose of measuring, monitoring, or tracking of the state of natural resources).

(d)

Conditional uses. Conditional uses in the conservation district are passive recreational facilities. Consult chapter 54 for specific criteria for conditional uses.

(e)

Accessory uses. Accessory uses of a low-impact directly serving an existing passive recreational or conservation use shall be allowed pursuant to the permitting process established for the primary use of the land.

(f)

Design, size and dimension criteria. Design, size and dimension criteria for the conservation district may be found in Table 86.1.

(Ord. No. 92-5, § 1(22.10), 8-18-1992; Ord. No. 98-5, § 1, 4-24-1998; Ord. No. 2023-03, § 2(Exh. A), 1-4-2023)

^A  For zoning district design, size and dimension criteria particular to conditional uses, see chapter 54. If a criterion is not specifically addressed in that chapter, then this table shall apply.

¹  Minimum 25-foot building setback from SR A-1-A and CR 510.

²  Minimum 50-foot building setback from residential zoning district boundary.

³  Single-family development within the multi-family residential district may comply with single-family residential regulations.

Along the common property line between lots 1 and 2 on Beachside Drive the minimum required setback is 5 feet. pursuant to Plat 23 recorded in Plat Book 16 on page 54 with docket number 1312878.

⁴  Where a commercial structure has a prior existing encroachment into a setback, the remainder of the structure may encroach (expand) to the same extent into that setback provided that all other zoning regulations conform.

⁵  In computing floor area, the area occupied by porches, patios, terraces, attached garages, carports, covered parking spaces and non-roofed areas shall be excluded.

⁶  All under roof areas.

⁷  A maximum building height of 45 feet applies to structures located east of SR A-1-A, and lots 246 through 256, Orchid Island Plat 18, as recorded in Plat Book 15, Page 36A, Indian River County, Florida.

⁸  Required front, side and rear yards for additions to buildings and structures that are ancillary to the planned residential community as defined in Sec. 78-8(4) shall be forty (40) percent of the required yards shown in Table 86.1.

(Ord. No. 92-5, 8-18-1992; Ord. No. 95-2, § 1, 5-23-1995; Ord. No. 01-02, § 2, 4-23-2001; Ord. No. 2016-02, § 4, 3-7-2016; Ord. No. 2018-11, § 2(Exh. A), 9-10-2018; Ord. No. 2019-06, § 2(Exh. A), 12-4-2019; Ord. No. 2023-03, § 2(Exh. A), 1-4-2023)

Cross reference— Environmental regulations, ch. 58.

(a)

Purpose. The purpose of this section is to address the establishment of certified recovery residences, as defined in s. 397.311(5), F.S., and provide procedures for the review and approval of requests for a reasonable accommodation in the application of the Town's ordinances, rules, policies, and procedures consistent with 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").

(b)

Establishment of a certified recovery residence. A certified recovery residence may be established only in the multi-family residential zoning district and must comply with Chapter 86 of this Code for that zoning district and all other applicable land development regulations, except that reasonable accommodation(s) may be requested pursuant to this section.

(c)

Filing a reasonable accommodation request to establish a certified recovery residence:

(1)

A request for a reasonable accommodation under this section from the land development regulations, rules, policies, and procedures of the Town that may hinder the establishment of a certified recovery residence shall be made in writing to the Town Manager and shall at a minimum provide the following information:

a.

The name and contact information of the applicant making the request. If the applicant is not the certified recovery residence administrator who will be actively managing the recovery residence, the administrator's name, contact information, and a copy of the administrator's certification must also be provided. If the applicant is not the owner of the property where the reasonable accommodation is being requested, then the contact information for the owner must be included.

b.

The location where reasonable accommodation is requested, including the address and parcel identification number.

c.

A description of the accommodation needed, identifying the ordinances, rules, or policies for which the applicant needs reasonable accommodation, and why it is necessary.

d.

Certification stating the following: "I certify, under penalty of perjury, that the information provided in this request is true and correct. I understand that, if I knowingly provide false information with this request, my request shall become null and void."

e.

Any additional information or documentation the applicant feels is necessary to support the request for reasonable accommodation.

f.

The signature of the applicant and date.

(2)

The application must not include information or records specific and personal to any individual's medical diagnoses, prognoses, history, or treatment.

(3)

The Town shall date stamp the application upon receipt and shall notify the applicant in writing within 30 days if additional information is required. The applicant must provide the requested information within 30 days.

(d)

Review process. Within 60 days of receiving the completed application, the Town Manager shall review the request for reasonable accommodation and make a recommendation consistent with this Section, and the FHA and/or ADA after considering the following:

(1)

Whether the requested accommodation is reasonable and necessary.

(2)

Whether the requested accommodation would impose an undue financial or administrative burden on the Town.

(3)

Whether the requested accommodation would require a fundamental deviation in the nature of the land use and zoning regulations of the Town.

In conducting the review, the Town Manager may make a site visit to the property where the reasonable accommodation is being requested and may utilize consultants in making the determination.

(e)

Alternative accommodation. If the Town Manager finds that the requested accommodation will impose an undue financial or administrative burden on the Town or will require a fundamental deviation in the nature of the Town's land use or zoning regulations, the Town Manager may consider whether a reasonable alternative accommodation exists which would effectively meet the applicant's need(s).

(f)

Determination. Once review by the Town Manager of the request is complete, the Town Manager shall make a recommendation to the Town Council to:

(1)

Grant the accommodation request; or

(2)

Grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request, or approve a reasonable alternative accommodation; or

(3)

Deny the request in accordance with state and federal law.

The Town Council shall consider the recommendation at a public meeting held within 60 days of the Town Manager receiving the completed application to make a determination. If a quorum of the Town Council cannot be established within that time frame, then the Town Manager's recommendation becomes the determination. The determination shall be in writing. If the determination is for denial, the reasons for the denial are required to be stated. The final determination shall give notice of the right and method to appeal. If the final written determination is not issued within 60 days after receipt of the completed application, the request is deemed approved unless the parties agree in writing to a reasonable extension of time

(g)

Appeals. Whenever the applicant disagrees with the determination of the Town Manager or the Town Council, or any of the conditions imposed as part of the terms under which the reasonable accommodation is approved, they may elect to appeal the application to the Town Council. The appeal shall be reviewed by the Town Council at the next regular meeting for which the agenda has not yet been published on the Town's website.

(h)

Fees. There shall be no fee imposed by the Town in connection with a request for reasonable accommodation or any appeal. The Town shall have no obligation to pay a requesting party's or an appealing party's attorney fees or costs in connection with the request, or an appeal.

(i)

General provisions. The following general provisions are applicable:

(1)

An applicant may apply for a reasonable accommodation on his/her own behalf or may be represented at all stages of the reasonable accommodation process by an attorney, legally appointed guardian, or other person designated by the individual in writing.

(2)

In the event that a reasonable accommodation is granted, the applicant shall comply with any and all applicable conditions, as well as all unaffected permitting processes required by the Code of Ordinances and/or the land development regulations of the Town.

(3)

A reasonable accommodation is specific to the applicant and does not run with the land.

(4)

A reasonable accommodation does not alter an individual's obligation to comply with other applicable federal, state, county, or Town requirements, rules, regulations, or laws.

(j)

Revocation. The approval granted under this Section for a reasonable accommodation may be revoked or modified if the recovery residence fails to maintain certification or licensure required under state law and it is not reinstated within 180 days, or a violation of any provision of the determination granting the reasonable accommodation is found. The Town shall provide 30-days' written notice of the proposed revocation or modification.

(Ord. No. 2025-07, § 2(Exh. A), 11-5-2025)