HomeMy WebLinkAboutDocumentation_Regular_Tab 18_3/12/2026 Agenda Item #180
Regular Council
STAFF MEMO
A-1
Meeting: Regular Council - Mar 12 2026
Staff Contact: Jay Hubsch Department: Community Development
ORDINANCE 05-26, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 22. COMMUNITY DEVELOPMENT;
ARTICLE III. — REASONABLE ACCOMMODATIONS REQUIRING VILLAGE COUNCIL REVIEW OF
REASONABLE ACCOMODATION REQUESTS, CLARIFYING REQUIREMENTS FOR RECOVERY
RESIDENCES AND REQUIRING COMPLIANCE WITH MINIMUM HOUSING STANDARDS;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 22.
COMMUNITY DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Ordinance No. 05-26 includes a series of amendments to Chapter 22 (Community Development) of
the Village Code. This ordinance is part of a broader, comprehensive code update that will amend
several chapters of the Village Code. Each chapter amendment will be adopted through a separate
ordinance. In total, approximately six (6) ordinances will be considered as part of this effort.
Due to the volume of revisions and the number of code sections being amended, Village staff
proposes to adopt the code updates in two (2) phases to improve clarity, efficiency, and ease of
review for the Planning and Zoning Board and Village Council. The first phase will come to Village
Council at the March 12th Council meeting, and the second phase at a future meeting. Ordinance 05-
26, like Ordinance 04-26 is solely focused on Chapter 22. These are being adopted as two separate
ordinances because the Village Council previously adopted updates to Chapter 22 that are specific to
the changes within Ordinance 05-26.
Summary of Chapter 22 amendments included in Ordinance 05-26:
Ordinance No. 05-26 updates the Reasonable Accommodation procedures set forth in Sections 22-
110 through 22-114 of the Village Code.
In 2025, the Village adopted Ordinance No. 12-25 establishing Reasonable Accommodation
procedures in compliance with Section 397.487, Florida Statutes, which requires municipalities to
adopt a process for approving Certified Recovery Residences prior to 2026. Ordinance No. 12-25
created a staff-level approval process for Reasonable Accommodation requests.
During the adoption of Ordinance No. 12-25, the Village Council expressed its preference to retain
final approval authority over Reasonable Accommodation requests. The amendments included in
Ordinance No. 05-26 revise the Village Code to reflect this policy direction by establishing a process
for Village Council review and approval of Reasonable Accommodation requests, while maintaining
compliance with applicable state law.
Page 163 of 336
Agenda Item #18.
Planning and Zoning Board Recommendation
The Planning and Zoning Board, sitting as the Local Planning Agency, reviewed Ordinance 05-26 at
its February 19, 2026, meeting, and voted 5-0 to recommend approval to Village Council. The
Planning and Zoning Board recommended a condition of approval that the Village Council consider
imposing a stronger requirement for inspections of Certified Recovery Residences. The code as
written currently only requires a yearly inspection.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • - •
BUDGET AMOUNT NA AMOUNT AVAILABLE NA EXPENDITURE AMOUNT: NA
FUNDING SOURCES: NA IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONNA
Ordinance 05-26 Updating Chapter 22 Reasonable Accommodation
BUSINESS IMPACT ESTIMATE-Ordinance 05-26
Page 164 of 336
Agenda Item #18.
ORDINANCE NO. 05-26
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 22. COMMUNITY
DEVELOPMENT; ARTICLE III. —REASONABLE ACCOMMODATIONS
REQUIRING VILLAGE COUNCIL REVIEW OF REASONABLE
ACCOMODATION REQUESTS, CLARIFYING REQUIREMENTS FOR
RECOVERY RESIDENCES AND REQUIRING COMPLIANCE WITH
MINIMUM HOUSING STANDARDS; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 22.
COMMUNITY DEVELOPMENT. SHALL REMAIN IN FULL FORCE
AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Village Council previously adopted a reasonable accommodation
ordinance including requirements for recovery residences required by Florida Statute 397.487;
and
WHEREAS, the Village Council desires to review reasonable accommodation requests
submitted to the Village; and
WHEREAS, the Village has since adopted minimum housing standards that apply to all
housing within the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 22 — Community Development of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article III. —Reasonable Accommodations; Article III.
—Reasonable Accommodations shall hereafter read as follows:
ARTICLE III.—REASONABLE ACCOMMODATIONS.
Sec. 22-110. Purpose and intent.
The purpose of this article is to establish procedures for processing requests for
Reasonable Accommodation in housing, including those for Certified Recovery Residences,
from the Village's Land Development Regulations, all other ordinances, and related rules,
policies, practices and procedures, for persons that qualify as disabled and/or handicapped under
Title VIII of the Civil Rights Act of 1968 (FHA), the Fair Housing Amendments Act of 1988
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Agenda Item #18.
(FHAA), the Florida Fair Housing Act(§§ 760.20-760.37), Florida Statutes, and Title II of the
Americans with Disabilities Act (42 U.S.C. Section L, 12131, et. seq.) (ADA), as these laws may
be amended from time to time. Any person who is disabled and/or handicapped, or qualifying
entities, may request a reasonable accommodation, pursuant to the procedures set out below.
Sec. 22-111. Definitions.
For the purposes of this article, the following terms, phrases, words, and their derivations
shall have the meaning given herein:
"Certified Recovery Residence" means a recovery residence that holds a valid certificate
of compliance and is actively managed by a certified recovery residence administrator as defined
under section 397.311 Florida Statutes as that state law may be amended from time to time.
Sec. 22-112. Certified recovery residence; operation license required.
In order to operate, a Certified Recovery Residence must first obtain and maintain a
business tax receipt for operation within the Village pursuant to Chapter 70. The requisite
application forms may be obtained by contacting the Community Development Department. A
Certified Recovery Residence must also be in compliance with all Village regulations, including
minimum housing standards and permitted uses in zoning districts. In the event a Certified
Recovery Residence is unable to operate due to restrictions within this Code of Ordinances a
reasonable accommodation may be requested as outlined in section 22-113.
A certified recovery residence must be actively managed by a certified recovery residence
administrator. All applications for certification must include the name of the certified recovery_
residence administrator who will be actively managing the applicant recovery residence. The
Village may conduct a yearly inspection to ensure a Certified Recovery Residence is in
compliance with all state and local regulations. A business tax receipt may be revoked if a
Certified Recovery Residence is found to be non-compliant.
Sec. 22-113. Reasonable accommodation procedures.
A request for reasonable accommodation by persons with disabilities or a qualifying
entity, hereinafter the ("Applicant"), may be submitted to the Village. All requests for reasonable
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Agenda Item #18.
accommodation shall be submitted to the �Li1X1JL.age Community Development
Department. Upon receipt of an application for reasonable accommodation the CXP r'Prk
Community Development Department shall date stamp the application with the date received.
The reasonable accommodation request shall at a minimum provide the information outlined in
subsection(a).
(a) Contents of request. An Applicant making a request for reasonable accommodation shall
provide the following information to the Village:
(1) The legal name(s) of all persons for whom a reasonable accommodation is sought, and if
a qualifying entity, the legal name(s) of all persons for whom it has been authorized to
submit an application;
(2)Name and address of the Applicant.
(3)Address and parcel control number of the location at which the reasonable
accommodation is requested, if different from the address of the Applicant.
(4) The type of reasonable accommodation being requested, and an explanation of why it is
necessary in order for persons with disabilities to live at the location. The explanation
should also demonstrate that the proposed use is located a sufficient distance from anX
existing properties that have a reasonable accommodation approval so that the proposed
use neither lessens nor interferes with the normalization and community integration of the
residents and does not, taking into account existing reasonable accommodation uses,
contribute to the creation of intensification of a de facto social service district.
(5) A description of the Village ordinance, rule, policy, practice or procedure, from which the
Applicant seeks a reasonable accommodation.
(6) If the disability is not known or readily apparent to the Village, information and/or
documentation that (1) certifies the person's disability status under the FHA and/or ADA;
(2) describes the needed accommodation; and (3) shows the relationship between the
person's disability and the need for the requested accommodation. The Village is not
seeking information relating to the nature and severity of the person's specific disability.
(7) If the disability is known or readily apparent, but the need for the reasonable
accommodation is not known or readily apparent to the Village, an explanation of the
relationship between the person's disability and the need for the requested reasonable
accommodation.
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Agenda Item #18.
(8) In the case of Certified Recovery Residences, a copy of a Certified Recovery Residences
Certificate of Compliance issued by a credentialing entity pursuant to Sec. 397.311,
Florida Statutes as that law may be amended from time to time.
(9) An interior floor plan demonstrating that the proposed use is compliant with the
International Property Maintenance Code has adopted by the Village in Appendix B of
the Village Code of Ordinances.
(b) Applicant's Representative(s): An Applicant may be represented at all stages of the
reasonable accommodation process by a person designated by the Applicant as their
authorized agent e.g. family member, attorney, or other representative. If an authorized agent,
attorney, or other representative is representing a person, or, if applicable, a qualifying entity,
a written authorization designating such authorized agent, attorney or representative shall be
submitted to the Village, or an in-person meeting between the Village and the applicant shall
occur to confirm the Applicant's authorized agent, attorney or representative. The Village is
unable to accept authorizations outside of those made in writing or in-person as such forms
of communication (e.g. phone call) do not provide the Village sufficient means to verify the
identity of the Applicant. Authorization forms shall be made available by request via the
or'T'L nffi..e....elCommunity Development Department.
(c) Village Assistance: The Village shall provide assistance as required by the FHA, the ADA,
or other applicable law in connection with a person with disability's request for a reasonable
accommodation to ensure the process is accessible.
(d) No Fee. No fee shall be imposed by the Village in connection with a request for reasonable
accommodation under this policy, or for an appeal of a decision by the Village designee to
the Special Magistrate. The Village shall have no liability for or legal obligation to pay an
Applicant's attorney's fees or costs in connection with the request for reasonable
accommodation, or any appeal at any appellate level.
(e) Interactive Process: When a request for a reasonable accommodation is made, the Village
may engage in an interactive process with the Applicant to devise alternative
accommodations that provide the Applicant an opportunity to use and enjoy a dwelling. The
commencement of an interactive process does not toll the deadlines for issuance of a
reasonable accommodation order n%AA% Olf% %ealt - t o by the Village Council , or
for an appeal hearing before the Special Magistrate as outlined below, unless the Applicant
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Page 168 of 336
Agenda Item #18.
agrees in writing to extend the deadlines.
(f) Confidential Information. Upon submittal of any medical information or records, including
but not limited to condition, diagnosis, or history related to persons with disabilities, an
Applicant may request that the Village, to the extent allowed by law, treat the information or
records as confidential. In such case, the Village shall endeavor to keep the Applicant's
medical information confidential to the extent permitted by federal and state laws, including
but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
and Chapter 119, Florida Statutes (the Florida Public Records Law). The Village shall have
no obligation to defend against any action seeking to compel the production of public
records, or to incur any legal or other expenses in connection therewith, and shall produce the
records to the extent the Village determines the records are not exempt from the Public
Records Act, or to comply with any judicial or administrative order without prior notice to
the Applicant. The Village, however, shall endeavor to provide notice to the persons with
disabilities, or their representative, of any request received by the Village for disclosure of
the medical information or documentation which the applicant has previously requested be
treated as confidential by the Village.
(g) Review by Village Council All applications for reasonable accommodations shall
be submitted to the Community Development Department. As soon
as practicable after receipt, the Community Development Department shall
forward all requests to relevant Village departments dA.0asicEnee. for review. The VilhatiON
Community Development Director, or his/her designee, shall make a
recommendation to the Village Council on requests for reasonable accommodation. The
Community Development Director, or his/her designee, shall issue a written recommendation
to the Village Council within forty-five (.45) calendar days of receipt of a completed
application. The request for reasonable accommodation shall be brought to the Village
Council for a vote within 60 days of a complete and sufficient application. issue n ilvri��
' If needed to reach a determination on the request
for reasonable accommodation, the Community Development Director, or his/her designee,
"&%W may, within the first (30) days of receipt of the application, issue a written
request for additional information to the Applicant, specifying in sufficient detail what
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Page 169 of 336
Agenda Item #18.
information is required. The Applicant shall then have thirty (30) days after the date of the
written request for additional information to provide said information. In the event a written
request for additional information is made, the forty-five (4560) day period to issue a
written recommendation n�*Xrp �� *a t e shall no longer be applicable, and the
Community Development Director, or his/her designee, mil"a�ri.Q;a�,oo shall issue a
written recommendation �� ��*� �Nnt e within forty-five (4560) days after
receipt of the additional information. If the Applicant fails to provide the requested
additional information and/or fails to request an extension of time to provide said information
within thirty (30) days after the date of the request for additional information, then the
request for reasonable accommodation shall be deemed withdrawn and no further action by
the Village shall be required. If a final vote by the Village Councilpatrri t is
not taken 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. The
applicant may renew their request for reasonable accommodation at any time. The applicant
may request additional time to respond either in writing oF ve to the Community
Development Department Vil l%e11JF'T'L nM The Village shall not unreasonably
withhold consent to an applicant's request for additional time to respond.
(h) Findings for Reasonable Accommodation. In determining whether the reasonable
accommodation request shall be granted or denied, the Applicant shall be required to
establish that:
(1) They are protected under the FHA or ADA, as defined in the FHA or ADA. Although the
definition of disability and/or handicap is subject to judicial interpretation, for purposes
of this policy, a person with a disability is defined as having:
a. a physical or mental impairment which substantially limits one or more
major life activities;
b. a record of having such impairment; or
c. that they are regarded as having such impairment.
(2) The proposed reasonable accommodation being sought is reasonable and necessary to
afford the person with the disability equal opportunity to use and enjoy housing. An
accommodation is not reasonable if it imposes undue financial and administrative
burdens on the Village; or requires a fundamental alteration to the Village's zoning
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Page 170 of 336
Agenda Item #18.
scheme.
The foregoing, as interpreted by the Courts, shall be the basis for a decision upon a
reasonable accommodation request made by the Village Councilcm
(i) Notice of Determination. The Village Council , shall vote on a reasonable
accommodation request ' in accordance
with Section (h) above, which shall:
(1) Grant the accommodation request in full with no conditions; or
(2).Impose conditions upon the portion of the request that was granted; 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 «�Vte%-./:LnL reasonable accommodation orders shall give notice of the right to
appeal. The 1 n% Of aA* r ie reasonable accommodation order shall be sent to the
Applicant (i.e. the person with a disability or his/her authorized agent, attorney or representative)
by certified mail, return receipt requested. The of reasonable
accommodation order shall be sent to the Applicant at the address listed by the Applicant on the
application form, or as otherwise provided to the Village in writing.
0) Appeal.
(1) Appeal from notice of determination by �1a ge ner�ar'eeVillage Council: Within forty-
five (45) days after the Village Council deaLsianee. has rendered a decision on a reasonable
accommodation, the Applicant may appeal the decision. This timeframe shall be based
upon the date that the letter is mailed to the requesting party. All appeals shall contain a
statement containing sufficient detail of the grounds for the appeal. Appeals shall be
made to the Village Clerk's Office. The appeal shall be heard by the Special Magistrate
for Code Enforcement matters as set forth in the Village Code. The Special Magistrate
shall conduct a quasi-judicial public hearing on the appeal as soon as reasonably
practicable, but in no event later than sixty (60) days after an appeal has been filed unless
the applicant agrees in writing to an extension of the hearing date. The Special Magistrate
shall not be required to render a decision on the request at the public hearing, but shall
render a determination no later than thirty (30) days after the conclusion of the public
hearing. Such public hearing shall be de novo.
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Agenda Item #18.
Once a public hearing date has been coordinated with the Applicant and set, the Village
shall, at least ten (10) days prior to the hearing, post a notice of hearing on the Village's
public notice bulletin board and on its website, and shall maintain copies available for
review in the Village Clerk's office. The notice shall contain a brief description of the
request for reasonable accommodation, the property to which the request is applicable,
and the time and place of the Special Magistrate hearing on the request. The notice shall
not contain any information relating to the Applicant's specific disability or other medical
information.
The Special Magistrate's decision on the appeal shall be in writing and be based on the
criteria listed in Section (h) above. The Special Magistrate's decision may (1) Grant the
reasonable accommodation request in full, with no conditions; (2) Impose conditions
upon the portion of the request that was granted; or (3) Deny the request, stating with
specificity the objective, evidence-based reasons for denial and identifying any
deficiencies or actions necessary for reconsideration. Any denial shall state the grounds
for the denial. The Special Magistrate's decision shall give notice of the right to appeal.
The written decision of the Special Magistrate shall be sent to the Applicant by certified
mail, return receipt requested. The written decision shall be sent to the Applicant at the
address listed by the applicant on the application form, or as otherwise provided to the
Village in writing.
(2) Appeal from Special Magistrate's Decision: A Special Magistrate's decision may be
appealed by the Village or the Applicant within thirty (30) days after the date on which
the written decision is rendered. Such appeal shall be made to the 15th Judicial Circuit
Court in and for Palm Beach County, Florida, in accordance with the rules of procedure
governing appeals of quasi-judicial decisions.
(k) Stay of Enforcement. While an application for reasonable accommodation, or appeal of a
determination of same, is pending before the Village, the Village will not enforce the
subject land development regulation, other ordinance, or related rules, policies, practices
or procedures, against the applicant, except that the Village may seek relief through its
code enforcement process or an injunctive action if there is an imminent threat to the
health, safety and welfare of the public.
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Agenda Item #18.
Sec. 22-114. Revocation of Reasonable Accommodation.
A reasonable accommodation to operate within the Village of Tequesta may immediately be
revoked via written notice in the event of any of the following:
(a) Violation of a condition of approval of a reasonable accommodation approval.
(b) Lapse, revocation, or failure to obtain and maintain any certification or licensure required
under this ordinance if not reinstated within 180 days of expiration.
In either instance the Community Development Director V;"^Re Q;TrP P shall issue written
notice of the revocation to the applicant via certified mail return receipt requested at the address
listed by the Applicant on the application form, or as otherwise provided to the Village in
writing. Applicant shall have the right to appeal the revocation decision of the Village Designee
to the Village's Special Magistrate following the same appeal procedure outlined in section 22-
1130).
Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 5: This Ordinance shall take effect immediately upon adoption.
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Agenda Item #18.
BUSINESS IMPACT ESTIMATE
As required by Sec. 166.041(4), Florida Statutes (2024), this "Business Impact
Estimate" is provided for Ordinance No. 05-26:
ORDINANCE NO. 05-26
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 22. COMMUNITY
DEVELOPMENT; ARTICLE III. — REASONABLE ACCOMMODATIONS
REQUIRING VILLAGE COUNCIL REVIEW OF REASONABLE
ACCOMODATION REQUESTS, CLARIFYING REQUIREMENTS FOR
RECOVERY RESIDENCES AND REQUIRING COMPLIANCE WITH
MINIMUM HOUSING STANDARDS; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 22.
COMMUNITY DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE; A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
This ordinance is exempt from the requirements of a business impact statement
pursuant to Florida Statute 166.041(4)(c)1.
Page 174 of 336