TO: Mayor and Commissioners
FROM: R. Max Lohman, City Attorney
DATE: July 6, 2017
Title
ORDINANCE 25-17 AMENDING THE CITY'S LDRs TO REPEAL SECTION 4.3.3(I), “COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES” IN ITS ENTIRETY AND ENACTING A NEW SECTION 4.3.3(I), “COMMUNITY RESIDENCES FOR WHICH A CONDITIONAL USE PERMIT IS REQUIRED” IN ORDER TO PROVIDE CRITERIA FOR ISSUING A CONDITIONAL USE PERMIT FOR COMMUNITY RESIDENCES (FIRST READING/FIRST PUBLIC HEARING)
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Recommended Action:
Recommendation
Motion to Approve Ordinance 25-17, a City initiated amendment to the Land Development Regulations, Article 2.4 “General Procedures”, Article 4.3 “District Regulations; General Provisions”, Article 4.4 “Base Zoning District”, and Article 4.6 “Supplemental District Regulations” to revise and clarify the procedure for requesting a reasonable accommodation, to provide operators of community residences for people with disabilities clarity and certainty on where such homes may locate as of right and via conditional use permit in accordance with applicable case law, the Fair Housing Act and the Americans with Disabilities Act, and to establish appropriate parking regulations for same.
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Background:
The item before the Commission is Ordinance 25-17, a City-initiated amendment to multiple Chapters of the Land Development Regulations to amend the regulations regarding Community Residences, for people with disabilities which include residences for people with developmental disabilities, mental illness, physical disabilities, the frail elderly, people in recovery from alcohol and/or drug addiction, and others.
This amendment is based on the study entitled, “Delray Beach, Florida: Principles to Guide Zoning for Community Residences for People With Disabilities(“the Study”).
The proposed zoning amendments for sober living homes and other community residences for people with disabilities seeks to protect people with disabilities including ...
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