Palm Bay City Zoning Code
PART 11
REASONABLE ACCOMMODATION PROCEDURE
§ 173.135 REASONABLE ACCOMMODATION PROCEDURE.
(A) Purpose and general provisions.
(1) This procedure addresses requests for reasonable accommodation to the City'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 City shall display a notice in the City's public notice bulletin board (and shall maintain copies available for review in the City 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 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 City shall provide the assistance and accommodations required under the FHA and ADA in connection with a disabled person's request for reasonable accommodation, including, without limitation, help 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 City'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) Reasonable accommodation request. 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 Growth Management Department. When a reasonable accommodation request form has been completed and submitted to the Growth Management Department, it must be date-stamped upon receipt.
(2) Request form for reasonable accommodation.
(a) Name and contact information of the applicant, and as applicable, the applicant's authorized representative;
(b) Information regarding the property at which reasonable accommodation is requested, including the parcel address of such location and property identification number;
(c) Description of the accommodation and the specific regulation(s) and/or procedure(s) from which accommodation is sought;
(d) Reasons the accommodation is necessary for the applicant or individuals with disabilities requesting it; and, if the request pertains to housing, an explanation of why the accommodation is needed to enable the individual to use and enjoy the dwelling;
(e) Description of the qualifying disability or handicap;
(f) Other relevant information pertaining to the disability or property that may be needed by the city in order for it to be able to evaluate the request for reasonable accommodation;
(g) A statement as to whether the applicant is seeking the accommodation in order to make housing and/or provision of housing financially viable, with supporting documentation;
(h) A statement as to the therapeutic necessity of the accommodation for the applicant, with supporting documentation;
(i) If seeking a reasonable accommodation from the definition of family:
1. Proof of state licensure, as applicable to the location for which the reasonable accommodation is requested; or
2. Proof of certification pursuant to F.S. § 397.487, as amended, or alternatively, certification under a nationally accredited agency or recognition or sanction by Congress if the accommodation is for or related to a recovery residence, as defined in F.S. § 397.311; and
3. All applicants must provide proof of satisfactory fire, safety, and health inspections as required by F.S. § 397.487, or other applicable statute, as amended from time to time for the location for which the reasonable accommodation is requested;
(j) Signature of applicant;
(k) Date of application;
(l) If on-site supervisor or manager, provide the name and contact information (phone and email) for each;
(m) Disclosure of ownership interests of property; and
(n) Consent of all property owners for application.
(3) Fee. There shall be no fee imposed by the City in connection with a request for reasonable accommodation under this section or an appeal of a determination, and the City 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.
(4) Request for Additional Information. If additional information is required, the applicant must be notified in writing within the first 30 days after receipt of the application and must be provided at least thirty (30) days to respond. If the requesting party fails to provide the requested additional information within the thirty (30) day period, the City Manager, or designee, shall issue a written notice advising that the requesting party failed to timely submit the additional information and therefore the request for reasonable accommodation shall be deemed abandoned or withdrawn and no further action by the city with regard to said reasonable accommodation request shall be required.
(5) Confidential Information. If the applicant provides medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual, such individual may, at the time of submitting such medical information, request that the City, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The City shall make reasonable efforts to provide written notice to the disabled individual and/or their representative whenever it receives a request for disclosure of medical information or documentation that the individual has previously asked the city to keep confidential. To the extent permitted by law, the City will cooperate with the disabled individual in opposing actions seeking the disclosure of such medical information or documentation, but the city shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources), and may comply with any judicial order without prior notice to the disabled individual.
(6) While an application for reasonable accommodation is pending before the City, the City will not enforce the subject zoning or land development ordinance, rule, policy, or procedure against the applicant.
(7) Administrative determination. The City Manager, or designee, is authorized to review and decide upon requests for reasonable accommodation, the recertification of an approved reasonable accommodation, and any amendments to a previously approved reasonable accommodation. In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall establish the requesting party or the residents of the housing for which the request is made are protected under the FHA, ADA or other applicable state or federal regulation by demonstrating that the applicant is disabled.
(a) The following factors shall be considered in determining whether an individual is disabled: whether the individual has a physical or mental impairment which substantially limits one or more major life activities; and the individual's record of having such impairment; or the individual is regarded as having such impairment.
(b) If a request for reasonable accommodation is submitted by an operator of a residence that provides housing to disabled individuals. the operator shall be required to establish that the operator is qualified to provide such housing to disabled individuals.
(c) The City Manager, or designee, shall issue a written determination within sixty (60) days after receipt of a completed application. The determination must: 1. Approve the request; 2. Approve in whole or in part, with or without conditions; or 3. Deny the request, stating with specificity the objective, evidence-based reasons for denial and identifying any deficiencies or actions necessary for reconsideration. All written determinations shall give notice of the right to appeal.
(d) If a final written determination is not issued within 60 days after receipt of a completed application, the request is deemed approved unless the parties agree in writing to a reasonable extension of time.
(D) Appeal. The City shall appoint a Special Magistrate to hear and act on requests for reasonable accommodation. The Special Magistrate shall be a member in good standing with the Florida Bar and have experience in land use or disability law. Within thirty (30) days after the City Manager, or designee's, determination regarding a reasonable accommodation request is mailed to the requesting party, such applicant may appeal the decision by filing a notice of appeal with the city clerk. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the Special Magistrate who shall, after public notice and a public hearing, render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed. The appeal shall be conducted as a de novo review of the evidence on record for the original review under the required findings of this section. The decision of the Special Magistrate shall be considered final city action and may be appealed within thirty (30) days to a court of competent jurisdiction as provided by law.
(E) Expiration of approvals. Approval of requests for reasonable accommodation shall expire within one hundred eighty (180) days if not implemented.
(F) Revocation of reasonable accommodation.
(1) Any reasonable accommodation received shall be deemed revoked if the applicant or the property upon which the accommodation is granted is found in violation of any conditions of the approval granting the reasonable accommodation by a court of law or by the special magistrate hearing code enforcement cases.
(2) Failure to obtain state certification or a required state license, or failure to maintain state certification or a required state license or alternate certification permitted by this section, shall result in revocation of the reasonable accommodation and cessation of operations within sixty (60) days of termination of the license or certification.
(G) Annual certification. All reasonable accommodation requests approved by the City shall be valid for no more than one year and shall require annual recertification each year on or before February 1st. Recertification requests must be filed no later than ninety (90) days before the one-year period during which the reasonable accommodation approval is valid. The failure of the applicant to apply timely for annual recertification, or the denial of an annual recertification application, shall result in the revocation of the approved reasonable accommodation. Recertification requests shall follow the same submittal, review and procedural requirements as new applications. If a reasonable accommodation is for a property which is required to be licensed or certified, then the applicant must provide proof of active licensure or certification to be recertified.
(H) Revisions. Any changes to the use or property desired by the applicant or identified by the City, state, or any certifying or licensing entity after approval or during the recertification process which require an additional reasonable accommodation or amendment to the original reasonable accommodation approval shall be processed as an amendment to the original approval and such amendment application shall follow the same application and review process set forth for an original reasonable accommodation request.
(Ord. 2025-60, passed 12-18-25)