This section implements the policy of the town for addressing possible unintended violation of the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. Sec. 2000cc et seq. ("RLUIPA") and the Florida Religious Freedom Restoration Act of 1998 ("RFRA") identified during implementation of this Code, and related rules, policies, and procedures.

(1)

A person, including a religious assembly or institution, may request relief under this section in writing by completing a religious land use relief request form, which is available from the town's planner. The form shall contain such questions and requests for information as are necessary for evaluating the relief requested.

(2)

The town commission shall have the authority to consider and act on requests for reasonable relief submitted to the town planner, after notice as provided in subsection (7). The purpose of the public hearing is to receive comments, input and information from the public, which shall be taken under advisement by the commission. The commission may: (1) grant the relief requested, (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 (3) deny the request, in accordance with federal law. Any denial shall be in writing and shall state the reasons the relief was denied. The commission may request additional information from the requesting party, specifying in sufficient detail what information is required and may defer a decision until the following regularly scheduled commission meeting. The requesting party shall have 15 days after the date the information is requested to provide the needed information.

(3)

If the requesting party fails to provide the requested additional information within the 15 day period, the town attorney shall issue a written notice advising that the requesting party had failed to timely submit the additional information and that the request for relief shall be deemed abandoned and/or withdrawn and no further action by the town with regard to said reasonable relief request shall be required.

(4)

In determining whether the reasonable relief request shall be granted or denied, the applicant shall be required to establish all of the following:

a.

The applicant is a claimant under RLUIPA or RFRA; and

b.

The town has imposed a substantial burden on the religious exercise of the applicant, whether a person, religious assembly or instruction, and the burden is not a result of the town furthering a compelling governmental interest and is not the least restrictive means of furthering that compelling governmental interest; or

c.

The town has imposed or implemented a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution, discriminates on the basis of religion or religious denomination, excludes religious assemblies from a jurisdiction or unreasonably limits religious assemblies, institutions or structures within a jurisdiction.

(5)

No fee shall be imposed by the town in connection with a request for reasonable relief under this section. 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 for an appeal.

(6)

While an application for reasonable relief is pending before the town, the town will not enforce the subject zoning ordinance, rules, policies, and procedures against the applicant.

(7)

The town shall display a notice in the town's public notice bulletin board and shall maintain copies available for review in the town clerk's office, advising the public that a request for relief under RLUIPA or RFRA has been filed with the town commission.

(Ord. No. 1510, § 2, 1-13-09)

(a)

Implementation of policy. This section implements the policy of the town 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 qualifying entities) may request a reasonable accommodation with respect to the town's ordinances, rules, policies, practices and/or procedures (hereinafter, for the purposes of this section, the "Town Regulations") as provided by the FHA and the ADA pursuant to the procedures set out in this section. The town commission shall appoint a special master who shall make final determinations on applications for reasonable accommodations related to relief from Town Regulations.

(b)

Request to be in writing. A request by an applicant for reasonable accommodation under this section shall be made in writing by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the town manager. The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request. For a reasonable accommodation to any of the town regulations pertaining to housing or zoning, the application, shall, at a minimum, require the following information:

(1)

Name and contact information for applicant or applicant's authorized representative;

(2)

Address of housing or other location at which accommodation is requested;

(3)

Description of reasonable accommodation required;

(4)

A description of the accommodation and the specific regulation(s) and/or procedure(s) from which accommodation is sought;

(5)

Reason(s) the reasonable accommodation may be necessary for the individual(s) with disabilities to use and enjoy the housing or other service;

(6)

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;

(7)

A statement as to whether the applicant is seeking the accommodation is therapeutically necessary, with supporting documentation; and

(8)

Proof of satisfactory fire, safety, and health inspections required by F.S. § 397.487, as amended, and other applicable law.

(c)

Medical information; confidentiality. Should the information provided by the disabled individual to the town include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual(s), such individual(s) may, at the time of submitting such medical information, request that the town, to the extent allowed by law, treat such medical information as confidential information of the disabled individual(s). The town shall thereafter endeavor to provide written notice to the disabled individual(s), and/or their representative, of any request received by the town for disclosure of the medical information or documentation which the disabled individual(s) has previously requested be treated as confidential by the town. The town will cooperate with the disabled individual(s), to the extent allowed by law, in actions initiated by such individual(s) to oppose the disclosure of such medical information or documentation, but the town 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) in connection therewith, and may comply with any judicial order without prior notice to the disabled individual(s).

(d)

Determination process.

(1)

The special master shall issue a written determination within 60 days of the date of receipt of a completed application or a date mutually agreeable to both the town and the applicant, except as provided in paragraph 3, below, and may, in accordance with federal law:

a.

Grant the accommodation request,

b.

Grant a portion of the request and deny a portion of the request and/or impose conditions upon the grant of the request, or

c.

Deny the request in accordance with federal law. If the request is denied, the order shall state the grounds therefore. All written determinations shall give notice of the right to appeal.

(2)

The notice of determination shall be sent to the applicant (i.e., the disabled individuals or representative) by certified mail, return receipt requested.

(3)

If reasonably necessary to reach a determination on the request for reasonable accommodation, the special master or town manager or designee, prior to the end of said 60-day period, may request additional information from the applicant, specifying in sufficient detail what additional information is required. The applicant shall have 15 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 60-day period to issue a written determination shall no longer be applicable, and the special master shall issue a written determination within 30 days after receipt of the additional information or 90 days after the initial receipt of the application, whichever is later. If the applicant fails to provide all of the requested additional information within said 15-day period, the town manager or designee shall issue a written notice advising that the applicant 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 town with regard to said reasonable accommodation request shall be required. Such time frames may be extended by mutual agreement of the town and the applicant.

(e)

Criteria for determination. In determining whether the reasonable accommodation request shall be granted or denied, the applicant shall be required to establish that they are protected under the FHA and/or ADA by demonstrating that they are handicapped, disabled or qualifying entities, as defined in the FHA and/or ADA. Further, the applicant must demonstrate that:

(1)

A physical or mental impairment which substantially limits one or major life activities; a record of having such impairment; or that they are regarded as having such impairment.

(2)

That the proposed accommodations being sought are reasonable and necessary. The foregoing (as interpreted by the courts in evaluating reasonable accommodation requests under the FHA or ADA) shall be the basis for a decision upon a reasonable accommodation request made by the special master, or by the town commission in the event of an appeal.

(3)

The requested accommodation would not fundamentally alter the town's zoning scheme.

The special master may impose conditions or modifications he/she deems necessary to mitigate any factors which would fundamentally alter the town's zoning scheme or to protect the public health and safety or are reasonably necessary to assure compliance with his/her order.

(f)

Appeal of determination. Within 30 days after the special master's determination on a reasonable accommodation request, or any order or action of the special master with respect to the application of this section, is mailed to the applicant, such applicant may appeal the decision to the town commission. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the town commission who shall, after public notice and a public hearing, render a determination as soon as reasonably practicable, but in no event later than 60 days after an appeal has been filed. Where the appeal is based upon a provision of the town regulations, the planning and zoning board shall first hold a hearing to make a recommendation on the appeal to the town commission.

(g)

Fees. There shall be no fee imposed by the town in connection with a request for reasonable accommodation under this section or an appeal of a determination on such request to the town commission, and the town shall have no obligation to pay an applicant's (or an appealing party's, as applicable) attorneys' fees or costs in connection with the request, or an appeal.

(h)

Stay of enforcement. While an application for reasonable accommodation, or appeal or a determination of same, is pending before the town, the town will not enforce the subject zoning ordinance, rules, policies, and procedures against the applicant.

(i)

Miscellaneous provisions. The following general provisions shall be applicable:

(1)

The town shall display a notice in the town's public notice bulletin board (and shall maintain copies available for review in the building/permitting division, and the town clerk's office), advising the public that disabled individuals (and qualifying entities) may request reasonable accommodation as provided herein.

(2)

A disabled individual may apply for a reasonable accommodation on his/her own behalf or may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual.

(3)

The town shall provide such assistance and accommodation as is required pursuant to 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, completing the form, filing an appeal; and appearing at a hearing, etc., to ensure the process is accessible.

(j)

Revocation of reasonable accommodation. 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 provision of the order granting the reasonable accommodation by a court of law or by the special master hearing code enforcement cases.

(k)

Recertification. All reasonable accommodation requests approved by the town are valid for no more than two years. Recertification requests must be filed at least 90 days before the conclusion of the end of the two-year period of effectiveness of the reasonable accommodation order. The process for recertification shall follow the same requirements as set forth above for "Requests for Accommodation", and review of recertification requests shall follow the same procedures as outlined above for new applications. The failure of the applicant to timely apply for annual recertification, or the denial of an application to recertify annually, shall result in the revocation of the approved reasonable accommodation. Recertification requests shall follow the same requirements as set forth above.

(Ord. No. 18-1693, § 2, 12-11-18)