§ 2.4.7. Procedures for obtaining relief from compliance with portions of the Land Development Regulations.

(A)

Variances. A variance is a relaxation of the terms of these land development regulations where such variance will not be contrary to the public interest and where owing to the conditions peculiar to the property and not the result of the actions of the landowner, a literal enforcement of the regulations would result in unnecessary and undue hardship.

(1)

Rule. A variance shall be granted only by the Board of Adjustment, or the Historic Preservation Board, and only for relief from regulations listed in Section 2.2.4(D), Powers of the Board of Adjustment. The Historic Preservation Board shall act on all variance requests within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustment. [Amd. Ord. 01-12 8/21/12]

(2)

Required information. The following information including the appropriate processing fee must be provided for consideration of a variance:

(a)

Standard Application Items pursuant to Section 2.4.3(A);

(b)

A petition or application setting forth the requirements, with reference to code section, for which the variance is sought along with the basis for the associated hardship (a standard form petition issued by the Chief Building Official shall be used for requests heard by the Board of Adjustment and a Variance Application from the Planning and Zoning Department shall be used for requests heard by the Historic Preservation Board.) [Amd. Ord. 01-12 8/21/12]

(3)

Process. A request for a variance shall be processed in the following manner:

(a)

Receipt and certification as to completeness; [Amd. Ord. 01-12 8/21/12]

(b)

Consideration at a public hearing before the Board of Adjustment or Historic Preservation Board; [Amd. Ord. 01-12 8/21/12]

(c)

All actions are final unless an appeal is filed. Appeals to actions of the Board of Adjustment may be filed with the Circuit Court of Palm Beach County. Appeals to actions of the Historic Preservation Board may be filed with the City Commission. [Amd. Ord. 01-12 8/21/12]

(4)

Conditions. The reviewing Board may prescribe appropriate conditions and safeguards, in conformity with existing regulations, to provide mitigation of any adverse impacts associated with a required finding. Violations of such conditions or safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of existing ordinances and punishable under Section 1.4.4. [Amd. Ord. 01-12 8/21/12]

(5)

Findings. The following findings must be made prior to approval of a variance: [Amd. Ord. 01-12 8/21/12]

(a)

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning (The matter of economic hardship shall not constitute a basis for the granting of a variance);

(b)

That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning;

(c)

That the special conditions and circumstances have not resulted from actions of the applicant;

(d)

That granting the variance will not confer onto the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance;

(e)

That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and,

(f)

That the granting of the variance will be in harmony with the general purpose and intent of existing regulations, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(6)

Alternative findings of the Historic Preservation Board. The Board may be guided by the following to make findings as an alternative to the criteria above: [New Section added by Ord. 01-12 8/21/12]

(a)

That a variance is necessary to maintain the historic character of property and demonstrating that the granting of the variance would not be contrary to the public interest, safety, or welfare.

(b)

That special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places.

(c)

That literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site.

(d)

That the variance requested will not significantly diminish the historic character of a historic site or of a historic district.

(e)

That the requested variance is necessary to accommodate an appropriate adaptive reuse of a historic building, structure, or site:

(B)

Waivers. A waiver involves the granting of partial or total relief from a specific development regulation.

(1)

Rule.

(a)

General. A waiver may be granted to the procedural and substantive provisions of these regulations. A waiver may be granted only for those substantive items within these regulations for which such provision is made. A waiver to substantive provisions may be granted only by the Board or body which has the authority to approve or deny the related development application.

(b)

Special power to the City Commission. Notwithstanding, the City Commission may grant a waiver to any provision of these regulations when there is no other avenue for relief available in these regulations. However, waivers shall not be considered with respect to:

(i)

Matters which pertain to the use of land or structures;

(ii)

A requirement for a public hearing or providing notice that an item will be considered by a development board;

(iii)

A regulation for which it is stated that there shall be no waiver and/or variance provided.

(2)

Required information. The following information including the appropriate processing fee must be provided in order for a waiver to be considered: [Amd. Ord. 50-97 11/18/97]

•

A formal letter of request within which the regulation which is to be waived, with reference to section number, is described along with justification for granting the waiver.

(3)

Procedure. A request for waiver may be considered concurrently with the development application with which it is associated. If a waiver request is made after review by an advisory body has been completed, the waiver request must first be reviewed by that body prior to action by the approving body.

(4)

Conditions. Conditions may be imposed upon the granting of a waiver to the extent that they are directly related to mitigating any adverse effect which may be created by the waiver of a specific development regulation.

(5)

Findings. Prior to granting a waiver, the granting body shall make findings that the granting of the waiver:

(a)

Shall not adversely affect the neighboring area;

(b)

Shall not significantly diminish the provision of public facilities;

(c)

Shall not create an unsafe situation; and,

(d)

Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.

(C)

Internal adjustments. An adjustment involves the lessening, or a total waiver, of those development standards which affect the spatial relationship among improvements on the land.

(1)

Rule. An adjustment shall only be considered during the site and development plan review process and shall be only for requirements which do not pertain to, or affect, standards that apply to the perimeter of an overall development proposal (plan). An adjustment may be granted by the body or board which is empowered to approve or deny the site and development plan.

(2)

Required information. The following information including the appropriate processing fee must be provided in order for an adjustment to be considered: [Amd. Ord. 50-97 11/18/97]

•

A formal letter of request within which the affected regulations, with reference to section number, are described along with justification for granting of the adjustment.

(3)

Procedure. A request for adjustment shall be considered concurrently with the development application with which it is associated. If a request is made after review by an advisory body has been completed, the request must first be reviewed by that body prior to action by the approving body.

(4)

Conditions. Conditions are not appropriate to the granting of an adjustment because the basis for granting the adjustment is that it provides a superior product than if the project were to comply with the letter of the regulations.

(5)

Findings. Concurrent with granting relief from a development standard or regulation, the granting body must find that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior development product will result.

(D)

Administrative relief. Administrative relief is the method whereby relief is granted from development regulations by an administrative official.

(1)

Rule. Administrative relief can be granted only for instances in which it is specifically allowed. The Director of Planning and Zoning, or City Manager when specifically designated under applicable LDR sections, are the only administrative officials who are empowered to grant administrative relief. [Amd. Ord. 76-94 10/18/94]

(2)

Required information. The following information must be provided in order for administrative relief to be considered:

•

A formal letter of request within which the affected regulations, with reference to section number, are described along with justification for granting of the relief.

(3)

Procedure.

(a)

When Associated With A Site Plan Review: A request for relief shall be considered concurrently with the development application with which it is associated and shall be acted upon by the Administrative Official prior to consideration of the site plan. If the request for relief is denied, it may be considered again when the site plan is acted upon.

(b)

When Not Associated With Site Plan Review: A request for relief shall be considered on its own merit pursuant to administrative processing requirements.

(4)

Conditions. Conditions may be applied only as they relate to insuring that the situation under which the relief is sought does not, or will not, change.

(5)

Findings. Prior to granting administrative relief, the administrative official shall find:

(a)

That the relief sought is consistent with the specific authorization provided for in these regulations;

(b)

That the intent of the affected regulation is preserved; and,

(c)

That the action will not be detrimental to the public health, safety, or welfare.

(E)

Appeals. An appeal is a request for a review and reversal of any action which if not appealed is final. An appeal shall be conducted as a new evidentiary hearing in accordance with the City's quasi-judicial procedures. [Amd. Ord. 49-06 9/19/06] (Ord. No. 12-17, § 2, 5-2-17)

(1)

Rule. An appeal may be made of an administrative interpretation or a decision made by an approving body. The appeal of an administrative interpretation shall be made to the board for which such power has been granted; an appeal of an approving board's action shall be made to the City Commission. All such actions are appealable unless an appeal is expressly prohibited. Only the applicant and the City Commission may appeal a decision to the City Commission. (Ord. No. 12-17, § 2, 5-2-17)

(2)

Required information. Except for an appeal initiated by the City Commission, an appeal must be made in writing, directed to the City Clerk, and must provide the following information: [Amd. Ord. 50-97 11/18/97] (Ord. No. 12-17, § 2, 5-2-17)

•

The name of the appellant; (Ord. No. 12-17, § 2, 5-2-17)

•

Identification of the action being appealed;

•

Identification of who took the action and when it was made;

•

The basis of the appeal.

(3)

Procedure. The following procedures shall be adhered to in the processing of any appeal:

(a)

The appellant shall submit a letter, accompanied by the appropriate fee, to the City Clerk within ten business days of the decision or action being appealed. (Ord. No. 12-17, § 2, 5-2-17)

(b)

If the appeal is initiated by the City Commission, a motion to appeal the action shall be made at the Commission meeting at which the Board's action is reported. (Ord. No. 12-17, § 2, 5-2-17)

(c)

The hearing shall be held no more than 60 calendar days from date of the City Clerk's receipt of the request to appeal or, in the case of an appeal initiated by the City Commission, no more than 60 days after the meeting at which the decision to appeal was made, unless both the appellant and the City Commission or the board hearing the appeal mutually agree to postpone the hearing. (Ord. No. 12-17, § 2, 5-2-17)

(d)

Upon the request of the appellant, the City Commission or the board hearing the appeal may grant a one-time postponement of the hearing upon a showing of good cause. All requests for postponement must be considered at the meeting prior to the scheduled appeal hearing. All postponement requests shall be submitted in writing to the City Clerk at least ten days prior to the meeting upon where the postponement request will be considered. In no case shall a postponement exceed 60 calendar days. (Ord. No. 12-17, § 2, 5-2-17)

(e)

At the hearing, the subject of the appeal may be granted, granted with conditions, denied, or set for further consideration. (Ord. No. 12-17, § 2, 5-2-17)

(4)

Conditions.

(a)

The granting of an appeal of an interpretation or application of regulations is not subject to conditions.

(b)

The granting of an appeal pertaining to a decision on a development application may be conditioned in the same manner as the development application may have been conditioned originally.

(5)

Standard of review. (Ord. No. 12-17, § 2, 5-2-17)

(a)

The appeal of an administrative interpretation may be granted upon a finding that the administrative officer's interpretation was plainly erroneous or inconsistent with the City's ordinances and regulations. (Ord. No. 12-17, § 2, 5-2-17)

(b)

The appeal of a decision made by an approving body shall be subject to de novo review and shall not be limited to the record below. The appellant may offer or submit additional evidence and testimony at the hearing. (Ord. No. 12-17, § 2, 5-2-17)

(6)

Stay of previous action.

(a)

General. Whenever an appeal is filed, the action being appealed shall be stayed i.e. the development application or appealed part thereof shall be considered neither approved or denied.

(b)

Proceeding at risk. If an appeal is filed for an action that is precedent for another action (e.g. site plan approval preceding plat approval), the applicant may proceed with the submittal and processing of further development applications but only at his or her own risk.

(F)

Special provisions. The following special provisions for obtaining relief from compliance with a portion of the Land Development Regulations have been created to handle a singular and unique circumstance and shall be applied accordingly.

(1)

Congress Avenue widening impacts. The City Commission has determined that the widening of Congress Avenue from two to six lanes in the years 1988 and 1989 has created unusual impacts upon previously developed properties and that in order to provide a vehicle for the equitable and efficient processing and approval of development orders, it is necessary and appropriate to establish a special land use review and approval procedure for such impacted properties.

(a)

Locational criteria. The provisions of this subsection (F) shall be applicable to any property, the boundaries of which were impacted by a taking of right-of-way or by physical improvements associated with the widening of Congress Avenue as undertaken by Palm Beach County in the calendar years of 1988 and 1989; and which meet the other eligibility criteria of this subsection.

(b)

Impact prerequisite. The property must have been impacted by the widening project in such a way as to have created a nonconforming situation or to have made an existing nonconforming situation greater. The provisions of this subsection shall not apply to the following:

•

Establishment or continuation of uses.

•

Property which was vacant and which is proposed for new development.

•

Property which will be totally redeveloped through the removal of existing improvements and the construction of new facilities and improvements. For the purpose of this subsection, "totally redeveloped" shall mean that demolition or removal of existing improvements shall be of a value equal to or greater than 50 percent of their value prior to demolition or removal.

•

Variances or development review for modifications to existing structures which do not involve a nonconforming situation.

(c)

Expanded powers to the Planning and Zoning Board. For property eligible under this subsection, the Planning and Zoning Board may exercise the following powers and authority in-lieu of the Board of Adjustment and the Site Plan Review and Appearance Board:

•

Section 2.4.7(A) - Power to Grant Variances;

•

Section 2.4.5(F) - Approval of Site Plans;

•

Section 2.4.5(H) - Approval of Landscape Plan;

•

Section 2.4.5(I) - Approval of Elevations.

(d)

Combination of review procedures. Whenever review is permitted or required by the Planning and Zoning Board, pursuant to this subsection, said review shall be combined with the procedures established for site plan review [Section 2.4.5(F)]. However, individual applications forms, submittal materials, and processing fees as required for Board of Adjustment and Site Plan Review and Appearance Board review and action are required and shall be provided concurrent with the site and development plan application.

(e)

Sunset Provisions: Unless extended by action of the City Commission through modification of this subsection, the provisions of this subsection (F) shall become void on June 1, 1994.

Note: "Automatic Sunset" Deleted per Assistant City Attorney's Memorandum of April 7, 1993.

(G)

Requests for accommodation. [New Section Created by Ord. 26-07 9/04/07] (Ord. No. 03-17, § 2, 1-24-17)

(1)

Purpose. The purpose of this section is to implement a procedure for processing requests for reasonable accommodation to the City's Code of Ordinances, Land Development Regulations, 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 Amendments Act (42 U.S.C. Section 12131, et. seq.) ("ADAA"). For purposes of this section, a "disabled" 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 City's Land Development Regulations, Code of Ordinances, rules, policies, practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section. [Amd. Ord. 04-12 2/21/12] (Ord. No. 03-17, § 2, 1-24-17)

(2)

Notice to the public of availability of accommodation. The City shall display a notice in the City's public notice bulletin board (and shall maintain copies available for review in the Planning and Zoning Department, the Building Department, and the City Clerk's Office), advising the public disabled individuals (and qualifying entities) may request a reasonable accommodation as provided herein.

(3)

Application. A request by an Applicant for reasonable accommodation under this section shall be either oral or written. A written request may be submitted by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the Department of Planning and Zoning ("P&Z"). The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request. The reasonable accommodation request form shall be substantially in the form set forth in Subsection 2.4.7(G)(8), below.

(a)

Confidential information. Should the information provided by the disabled individual to the City include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual, such individual may, at the time of submitting such medical information, request that the City, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The City shall thereafter endeavor to provide written notice to the disabled individual, and/or their representative, of any request received by the City for disclosure of the medical information or documentation which the disabled individual has previously requested be treated as confidential by the City. The City will cooperate with the disabled individual, to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the City 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.

(b)

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

(c)

City assistance. The City 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.

(4)

Findings for reasonable accommodation. In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish that they or the occupants of the housing for which this request is made are protected under the Fair Housing Act and/or the Americans With Disabilities Act by demonstrating that they or the residents of the proposed housing are people with disabilities, as defined in these LDRs. (Ord. No. 25-17, § 2, 7-18-17)

(a)

The requesting party shall demonstrate that the proposed reasonable accommodations sought are reasonable and necessary to afford the subject individual(s) with disabilities an equal opportunity to use and enjoy the housing that is the subject of this request. (Ord. No. 25-17, § 2, 7-18-17)

(b)

A request for reasonable accommodation to permit more than ten unrelated individuals to occupy a community residence shall be granted only when the requesting party also meets the standards for community residences promulgated in Section 4.3.3 (1)(4) of these LDRs. (Ord. No. 25-17, § 2, 7-18-17)

(c)

The foregoing-shall be the basis for a written decision with findings of fact upon a reasonable accommodation request made by the City Manager or designee, or by a Special Magistrate in the event of an appeal. (Ord. No. 25-17, § 2, 7-18-17)

(5)

Notice of proposed decision. The City Manager, or his/her designee, shall have the authority to consider and act on requests for reasonable accommodation. When a reasonable accommodation request form has been completed and submitted to the Planning and Zoning Department, it will be referred to the City Manager, or his/her designee, for review and consideration. The City Manager, or his/her designee, shall issue a written determination within 45 calendar days of the date of receipt of a completed application and may, in accordance with federal law, (1) grant the accommodation request, (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 such denial shall be in writing and shall state the grounds therefore. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the requesting party (i.e. the disabled individual or his/her representative) by certified mail, return receipt requested or hand delivery, receipt signed by the recipient. If reasonably necessary to reach a determination on the request for reasonable accommodation, the City Manager, or his/her designee, may, prior to the end of said 45 calendar day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have 15 calendar 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 45 calendar day period to issue a written determination shall no longer be applicable, and the City Manager, or his/her designee, shall issue a written determination within 30 calendar days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said 15 calendar day period, the City Manager, or his/her designee, shall issue a written notice advising that the requesting party had 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 City with regard to said reasonable accommodation request shall be required. [Amd. Ord. 34-10 10/19/10] (Ord. No. 03-17, § 2, 1-24-17)

(6)

Appeal. Within 30 calendar days after the City Manager's, or his/her designee's, determination on a reasonable accommodation request has been rendered and transmitted to the requesting party, which may be accomplished via hand delivery with signed confirmation of delivery, email with confirmation of delivery, certified mail, or overnight courier service with signature confirmation, the applicant may appeal the decision. All appeals shall contain a statement containing sufficient detail of the grounds providing the basis for the appeal. Appeals shall be filed with the City Manager and shall be to the Special Magistrate who shall, after public notice and a public hearing, render a determination as soon as reasonably practicable within 60 calendar days after the date on which the appeal was filed. An appeal from a decision of the Special Magistrate shall be handled exclusively in the Fifteenth Judicial Circuit Court in and for Palm Beach County, Florida, and such appeal shall be taken by filing a petition for writ of certiorari within 30 days from the date of filing of the written order with the City Clerk or designee. (Ord. No. 03-17, § 2, 1-24-17; Ord. No. 25-17, § 3, 7-18-17)

(7)

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

(8)

Request form for reasonable accommodation. (Ord. No. 03-17, § 2, 1-24-17)

(a)

Contents of reasonable accommodation request form. (Ord. No. 03-17, § 2, 1-24-17)

1.

Name and contact information of the Applicant; [Amd. Ord. 04-12 2/21/12] (Ord. No. 03-17, § 2, 1-24-17)

2.

Information regarding property at which reasonable accommodation is requested, including the address and legal description of such location as well as ownership of the subject property; [Amd. Ord. 04-12 2/21/12] (Ord. No. 03-17, § 2, 1-24-17)

3.

Describe the accommodation and the specific regulation(s) and/or procedure(s) from which accommodation is sought; [Amd. Ord. 04-12 2/21/12]; [Amd. Ord. 05-10 1/19/10]

4.

Reasons the accommodation may be necessary for the Applicant or the individuals with disabilities seeking the specific accommodation, and if relating to housing, why the requested reasonable accommodation is necessary to use and enjoy the housing; [Amd. Ord. 04-12 2/21/12]; [Amd. Ord. 05-10 1/19/10]

5.

Describe qualifying disability or handicap,;

6.

Other relevant information pertaining to the disability or property that may be needed by the City in order for it to be able to evaluate the request for reasonable accommodation; [Amd. Ord. 04-12 2/21/12]

7.

All certified recovery residences must provide proof of satisfactory, fire, safety, and health inspections as required by Section 397.487, Fla. Stats., as amended from time to time; (Ord. No. 03-17, § 2, 1-24-17)

8.

Signature of applicant; [Amd. Ord. 04-12 2/21/12] (Ord. No. 03-17, § 2, 1-24-17)

9.

If on-site supervisor or manager, provide the name and contact information (phone and email) for each; (Ord. No. 03-17, § 2, 1-24-17)

10.

Date of application; (Ord. No. 03-17, § 2, 1-24-17)

11.

Disclosure of ownership interests of property; (Ord. No. 03-17, § 2, 1-24-17)

12.

Owner's consent for application. (Ord. No. 03-17, § 2, 1-24-17)

(b)

[Reasonable accomodation.] An applicant who seeks a reasonable accommodation to house more than ten unrelated individuals in a community residence shall also complete and submit the form the City requires of all applicants to establish a community residence. (Ord. No. 25-17, § 4, 7-18-17)

(9)

Expiration of approvals. Approvals of requests for reasonable accommodation shall expire within 180 days if not implemented. [Amd. Ord. 04-12 2/21/12]

(10)

Recertification. All reasonable accommodation requests approved by the City Manager or his/her designee and implemented by the Applicant pursuant to this Section, 2.4.7(G), "Requests for Accommodation", are valid for no more than one year and shall require annual recertification each year on or before April 1st. Failure to recertify annually shall result in the revocation of the approved reasonable accommodation. Recertification requests shall follow the same requirements as Section 2.4.7(G), "Requests for Accommodation", and review of recertification requests shall follow the same procedures as outlined in Subsection 2.4.7(G)(5), "Notice of Proposed Decision", with the same appellate opportunities afforded to the applicant as provided under Subsection 2.4.7(G)(6), "Appeal" except the recertification notice will be sent annually by regular mail or hand delivered. (Ord. No. 03-17, § 3, 1-24-17)

(a)

To be recertified, a community residence for which a reasonable accommodation was granted to locate in Delray Beach must provide verifiable evidence that it is currently licensed or certified by the State of Florida to operate at its present location. (Ord. No. 25-17, § 5, 7-18-17)

(b)

A community residence for which a reasonable accommodation was granted to locate in Delray Beach that is not currently licensed or certified by the State of Florida to operate at its present location shall obtain licensure, certification or recertification from the designated state entity before the April 1 reasonable accommodation recertification deadline. Failure to obtain state certification or a required state license, or failure to maintain state certification or a required state license, shall result in revocation of the reasonable accommodation and cessation of operations within 60 days of termination of the license or certification. (Ord. No. 25-17, § 5, 7-18-17)

(11)

Severability. If any part, Section, Subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Section 2.4.7(G), "Requests for Accommodation", is declared unconstitutional by the final and valid judgment or decree of any court of competent jurisdiction, this declaration of unconstitutionality or invalidity shall not affect any other part, Section, Subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Section 2.4.7(G), "Requests for Accommodation". (Ord. No. 03-17, § 4, 1-24-17)