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HomeMy WebLinkAboutOrdinance 2026-644ORDINANCE 2026 -_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 265, ARTICLE VII, SECTION 265-44 OF THE LAND DEVELOPMENT REGULATIONS, ENTITLED "SPECIFIC USE REGULATIONS," BY ESTABLISHING PROCEDURES FOR THE REVIEW AND APPROVAL OF CERTIFIED RECOVERY RESIDENCES AND CREATING A PROCESS FOR REQUESTING A REASONABLE ACCOMMODATION FROM ANY LAND USE REGULATION THAT SERVES TO PROHIBIT THE ESTABLISHMENT OF A CERTIFIED RECOVERY RESIDENCE IN ACCORDANCE WITH SECTION 397.487(15)(A), FLORIDA STATUTES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statutes, confers upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, on June 25, 2025, Florida Governor Ron DeSantis signed into law Senate Bill 954 (Fla. Stat. Ch. 2025-182), amending Section 397.487, Florida Statutes ("Voluntary Certification of Recovery Residences") which requires that, by January 1, 2026, the governing body of each county or municipality adopt an ordinance establishing procedures for the review and approval of certified recovery residences within its jurisdiction, including a process for requesting reasonable accommodations from any local land use regulation that serves to prohibit the establishment of a certified recovery residence; and WHEREAS, the City's Land Development Regulations ("LDRs") do not provide a process for the review or approval of certified recovery residences nor for requesting a reasonable accommodation from any local land use regulation that would prohibit the establishment of a such a certified recovery residence; and WHEREAS, creating a procedure to request a reasonable accommodation to establish a certified recovery residence will provide persons with disabilities equal access to housing opportunities in all areas of the City while preserving the overall intent and purpose of the City's planning and land use regulations; WHEREAS, the City is required to amend Chapter 265, Article VII, Specific Use Regulations, to comply with Section 397.487(15)(a), Florida Statutes; and WHEREAS, the City Commission finds this Ordinance is consistent with the Comprehensive Plan and will promote orderly development, improve clarity in the Land Development Regulations, and protect the public health, safety, and welfare; Page 1 of 7 407 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Amending Chapter 265, Article VII, Section 265-44. Chapter 265, Article VII, Section 265-44, of the Land Development Regulations of the City of Sunny Isles Beach, Florida, entitled "Specific use regulations," is hereby amended as follows: § 265-44. - Specific use regulations. O. Recovery residences (1) Purpose and applicability. The purpose of this section is to establish procedures for the review and approval of requests for special accommodations from the city's land development regulations that may prohibit the establishment of certified recovery residences pursuant to Section 397.487 Florida Statutes. Facilitating reasonable accommodations requests ensures that individuals with a disability and/or handicap have equal opportunity to use and enjoy dwellings or to provide accessibility in another manner, as provided by the Federal Fair housing Amendments Act (42 U.S.C. Section 3601 et seq )("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131 et. seq.) ("ADA"). (2) Definitions. For the purpose of this section the following words and terms shall have the meaning ascribed hereto unless the context clearly indicates or requires a differing meaning. A disabled individual or person: Is an individual or person that qualifies as disabled or handicapped under the FHA and/or ADA. Certified recovery residence: A recovery residence that holds a valid certificate of compliance from the Florida Department of Children and Families or such agency's successor or designee and is actively managed by a certified recovery residence administrator. Certified recovery residences shall comply with Chapter 397, Florida Statutes applicable provisions of Chapter 419 Florida Statutes and applicable rules and regulation promulgated by the Florida Department of Children and Families. Recovery• A process of personal change through which individuals achieve abstinence from alcohol or drug use and improve health, wellness, and quality of life. Recovery residence: A residential dwelling unit the community housing component of a licensed day or night treatment facility with community housing, or other form of group housing which is offered or advertised through any means including oral, written, electronic or other printed means by any person or entity as a residence that provides a peer -supported alcohol -free, and drug -free living environment. Page 2 of 7 408 Recovery residence administrator: The person responsible for the overall management of the recovery residence, including , but not limited to, the supervision of residents and staff employed by, or volunteering for, the residence. (3) Review and approval of a certified recovery residence. (a) Any person who is disabled or a provider of services to disabled individuals qualifying for a reasonable accommodation (collectively referred to as the "applicant") may request a reasonable accommodation from the city's land development regulations that prohibits the establishment of a certified recovery residence. It is the responsibility of the applicant to establish that they or those who are being provided recovery services are protected individuals under the FHA and/or ADA by demonstrating that the proposed accommodation is reasonable and necessary to afford the applicant, or those who are being provided services, an equal opportunity to use and enioy a residential dwelling. (c) A reasonable request for accommodation shall be made by submitting an application to the Planning & Zoning Department. (dd). An application for reasonable accommodation shall, at a minimum, provide the following: 1. The name and contact information of the applicant or applicant's authorized representative. If the applicant is other than the owner of the parcel that is the subiect of the application, written consent for the application must be executed by all owners of the parcel which is the subiect of the application. 2. The property address and a complete legal description of the property which is the subject of the application. 3. An existing conditions survey of the subject property and a proposed site plan depicting the location of the certified recovery residence building, all associated structures, and conformance with applicable zoning district development standards. 4. A statement containing: (a) the applicant's disability under the FHA and/or the ADA: (b) identifying the section of the code of ordinances or land development regulations from which the applicant is requesting an accommodation; Page 3 of 7 409 (c) a description of how the code section serves as a prohibition to the establishment of the certified recovery residence; (d) description of the reasonable accommodation sought; and (e) the nature of the premises which makes the accommodation necessary. 5. Zoning district of the premises. 6. A statement as to the impact of granting the reasonable accommodation on contiguous propertV owners. 7. All applications shall include a statement made under penalty of perjury that the statements made and materials provided in support of this request for reasonable accommodation are true and correct to the best of the applicant's knowledge and belief. u Upon receipt of a completed application, the Planning & Zoning Department shall date - stamp the application, review for completeness and if determined to be complete, transmit the application to the CitV Manager no later than sixty (60) days from the receipt of a completed application. During the review process, and prior to the determination of completeness and transmittal to the City Manager, additional information may be requested by the Planning & Zoning Department within thirty (30) days of receipt of the application. Any request for additional information must be made in writing and the applicant shall be provided thirty (30) days to respond. Any failure bV the applicant to submit timely requested additional information shall result in a denial of the application. ll The following criteria must be met for an application to be granted: 1. The applicant has established that they are protected under the FHA and/or ADA by demonstrating that they, or those being provided recoverV services, are handicapped or disabled, as defined by the FHA and/or ADA, and that the portion of the land development code and/or the code of ordinances that is the subiect of the application serves to prohibit the establishment of a certified recovery residence. 2. The requested accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy the dwelling or provides accessibility in another manner. Page 4 of 7 410 3. The requested reasonable accommodation does not impose an undue financial and administrative burden on the 4. The requested reasonable accommodation does not fundamentally alter the essential nature of the city's land use scheme. Ilgi Within sixty (60) days from the receipt of a completed application, the City Manager shall issue a final written determination to the applicant approving the application in whole or in part, with or without conditions or denying the application stating with specificity the objective, evidence -based reasons for the denial and identifying any deficiencies or actions necessary for reconsideration. The granting of a reasonable accommodation is specific to the applicant and shall not run with the subject property. If a final determination is not issued within sixty (60) days after receipt of a completed application, the request will be deemed approved unless the parties agree in writing to a reasonable extension of time. In the event the City Manager denies the application, the applicant may appeal the decision to the Special Magistrate by filing said appeal with the City Clerk within thirty (30) days from the date of the City Manager's written findings. j1 The Special Magistrate, after public notice and a public hearing, shall render a determination as soon as practicable within sixty (60) days after the date upon which the appeal was filed with the City Clerk. An appeal from a decision of the Special Magistrate shall be to the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County within thirty (30) days from the date of the filing of the Special Magistrate's written order with the City Clerk. Ifl The City Manager may revoke a reasonable accommodation for a certified recovery residence granted under this section for cause, including, but not limited to, a violation of the conditions of approval or the lapse, revocation, or failure to maintain certification or licensure required under Chapter 397, Florida Statutes, if not reinstated within one hundred and eighty (180) days. (k) This section does not relieve the city of its obligations under the Fair Housing Amendments Act of 1988 (42 U.S.C. Section 3601 et. seg and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131 et. seq. The regulations for which the applicant is seeking a reasonable accommodation must not facially discriminate against or otherwise disparately impact the applicant. Page 5 of 7 411 Section 4. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed to the extent of such conflict. Section 5. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity, but shall remain in full force and effect. Section 6. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Section 7. Effective Date. This Ordinance will become effective immediately upon adoption at second reading. PASSED AND ADOPTED on first reading thisay of November, 2025. PASSED AND ADOPTED on second reading this�daN of January, 2026. Larisa Svechin, Mayor ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Mauric�o Betancur) CMC, City Clerk First Reading Motion: Ur�C,t A-(Zo � - Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Second Reading • • elryy-L-46m,uc__� r Page 6 of 7 Seconcl:644��6i&?�K— yy�� Second: GkLI5L Vote on First Reading: Mayor Svechin — Ae549N"7 (Yes) (No) Vice Mayor Lama ✓ (Yes) (No) Commissioner Joseph ✓ (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) Vote on Second Reading: Mayor Svechin (Yes) (No) Vice Mayor Lama (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) Page 7 of 7 413 O�Sup1NY S`E�B U —ia�F L � F t A). FlOAtO C„� oc suN n��y BUSINESS IMPACT ESTIMATE FORM Posted To Webpage on This Business Impact Estimate is given as it relates to the proposed ordinance titled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 265, ARTICLE VII, SECTION 265-44 OF THE LAND DEVELOPMENT REGULATIONS, ENTITLED "SPECIFIC USE REGULATIONS," BY ESTABLISHING PROCEDURES FOR THE REVIEW AND APPROVAL OF CERTIFIED RECOVERY RESIDENCES AND CREATING A PROCESS FOR REQUESTING A REASONABLE ACCOMMODATION FROM ANY LAND USE REGULATION THAT SERVES TO PROHIBIT THE ESTABLISHMENT OF A CERTIFIED RECOVERY RESIDENCE IN ACCORDANCE WITH SECTION 397.487(I 5)(A), FLORIDA STATUTES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Part I. Summary of the proposed ordinance and statement of public purpose: The ordinance proposes an amendment to Chapter 265, Article VII, Section 265-44 of the City's Land Development Regulations (LDRs) to establish procedures for the review and approval of certified recovery residences and to create a formal process for requesting reasonable accommodations from land use regulations that may prohibit their establishment. This amendment is required under recent changes to Florida law, specifically Senate Bill 954 (Chapter 2025-182, Laws of Florida), signed by Governor Ron DeSantis on June 25, 2025. The bill amends Section 397.487, Florida Statutes, to require that all counties and municipalities adopt an ordinance by January I, 2026, establishing procedures for the review and approval of certified recovery residences and a mechanism for processing reasonable accommodation requests under the Americans with Disabilities Act (ADA) and the Federal Fair Housing Amendments Act (FHA). Currently, the City's Land Development Regulations do not contain a process for reviewing certified recovery residences or for granting reasonable accommodations when local zoning regulations serve to prohibit their establishment. The proposed ordinance remedies this by adding a new subsection under Section 265-44, "Specific Use Regulations," which outlines application procedures, review criteria, and approval authority. The ordinance authorizes individuals with disabilities, or service providers acting on their behalf, to request reasonable accommodations to zoning or development regulations that would otherwise prevent a certified recovery residence from being established. Applications for reasonable accommodation will be submitted to the Planning and Zoning Department for review and completeness before being transmitted to the City Manager for a final determination. The ordinance establishes clear standards for evaluating such requests, including whether the applicant is protected under the FHA or ADA, whether the 414 0 1 SUNN Y`r(fad U F W � yE ➢�. FL00.1 C,rF Q FNpb F SUN accommodation is necessary to provide equal housing opportunity, and whether granting the request would impose an undue financial or administrative burden or fundamentally alter the City's land use scheme. Decisions by the City Manager may be appealed to the Special Magistrate, ensuring due process and transparency. Part II. Estimate of the direct economic impact of the proposed ordinance on private, for -profit businesses in the City of Sunny Isles Beach: (fill out subsections a-c as applicable, if not applicable write "not applicable') a. Estimate of direct compliance costs that businesses may reasonably incur if the proposed ordinance is enacted: None. b. Identification of any new charges or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible; and None. c. An estimate of the City of Sunny Isles Beach's regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. None. Part III. Good faith estimate of the number of businesses likely to be impacted by the ordinance: Unknown. 415 O� SUNNY`S(Ef8 n (1 IS yF �w Fl0R�0 Celt oa suN 'Noy Part IV. Additional Information (if any): None. 416 , 'Fg j �f u Ty of sU�+ a� TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM Honorable Mayor and City Commissioners Stan Morris, City Manager Amy Canales, Planning and Zoning Director January 15, 2026 Amend Land Development Regulations Accommodations for Recovery Residences RECOMMENDATION: Staff recommends adoption of this Ordinance. REASONS: to Allow Reasonable This ordinance is required under recent state legislation, specifically Senate Bill 954 (Chapter 2025-182, Laws of Florida), signed by Governor Ron DeSantis on June 25, 2025. The bill amends Section 397.487, Florida Statutes, to require that all counties and municipalities adopt an ordinance by January 1, 2026 to establish procedures for the review and approval of certified recovery residences and establish a process for reasonable accommodation requests under the Americans with Disabilities Act (ADA) and the Federal Fair Housing Amendments Act (FHA). The attached ordinance proposes an amendment to Chapter 265, Article VI I, Section 265-44 of the City's Land Development Regulations (LDRs) to establish procedures for the review and approval of certified recovery residences and to create a formal process for requesting reasonable accommodations from land use regulations that may prohibit their establishment. Currently, the City's Land Development Regulations do not contain a process for reviewing certified recovery residences or for granting reasonable accommodations when local zoning regulations serve to prohibit their establishment. The proposed ordinance remedies this by adding a new subsection under Section 265-44, "Specific Use Regulations," which outlines application procedures, review criteria, and Item Number: 8.A 405 approval authority. The ordinance authorizes individuals with disabilities, or service providers acting on their behalf, to request reasonable accommodations to zoning or development regulations that would otherwise prevent a certified recovery residence from being established. Applications for reasonable accommodation will be submitted to the Planning and Zoning Department for review and completeness before being transmitted to the City Manager for a final determination. The ordinance establishes clear standards for evaluating such requests, including whether the applicant is protected under the FHA or ADA, whether the accommodation is necessary to provide equal housing opportunity, and whether granting the request would impose an undue financial or administrative burden or fundamentally alter the City's land use scheme. Decisions by the City Manager may be appealed to the Special Magistrate, ensuring due process and transparency. ATTACHMENTS: Ordinance Business Impact Estimate Item Number: 8.A 406