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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY <br />ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified <br />and confirmed as being true and correct and are hereby made a specific part of this Ordinance <br />upon adoption hereof. <br />Section 2. Amending Chapter 265, Article VII, Section 265-44. Chapter 265, Article VII, <br />Section 265-44, of the Land Development Regulations of the City of Sunny Isles Beach, Florida, <br />entitled "Specific use regulations," is hereby amended as follows: <br />§ 265-44. - Specific use regulations. <br />O. Recovery residences <br />(1) Purpose and applicability. The purpose of this section is to establish procedures for the <br />review and approval of requests for special accommodations from the city's land <br />development regulations that may prohibit the establishment of certified recovery <br />residences pursuant to Section 397.487 Florida Statutes. Facilitating reasonable <br />accommodations requests ensures that individuals with a disability and/or handicap have <br />equal opportunity to use and enjoy dwellings or to provide accessibility in another <br />manner, as provided by the Federal Fair housing Amendments Act (42 U.S.C. Section <br />3601 et seq )("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section <br />12131 et. seq.) ("ADA"). <br />(2) Definitions. For the purpose of this section the following words and terms shall have the <br />meaning ascribed hereto unless the context clearly indicates or requires a differing <br />meaning. <br />A disabled individual or person: Is an individual or person that qualifies as disabled or <br />handicapped under the FHA and/or ADA. <br />Certified recovery residence: A recovery residence that holds a valid certificate of <br />compliance from the Florida Department of Children and Families or such agency's <br />successor or designee and is actively managed by a certified recovery residence <br />administrator. Certified recovery residences shall comply with Chapter 397, Florida <br />Statutes applicable provisions of Chapter 419 Florida Statutes and applicable rules and <br />regulation promulgated by the Florida Department of Children and Families. <br />Recovery• A process of personal change through which individuals achieve abstinence <br />from alcohol or drug use and improve health, wellness, and quality of life. <br />Recovery residence: A residential dwelling unit the community housing component of a <br />licensed day or night treatment facility with community housing, or other form of group <br />housing which is offered or advertised through any means including oral, written, <br />electronic or other printed means by any person or entity as a residence that provides a <br />peer -supported alcohol -free, and drug -free living environment. <br />Page 2 of 7 <br />408 <br />