Fort Walton Beach Ordinance — 2194-Creating LDC Section 5.04.33 Approval of Certified Recovery Residence Requests — reading text

READING,' DATE 1st 4S 2nd ORDINANCE 2194 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; CREATING SECTION 5. 04. 33 OF THE LAND DEVELOPMENT CODE TO UPDATE PROCEDURES FOR THE REVIEW AND APPROVAL OF CERTIFIED RECOVERY RESIDENCE REQUESTS TO COMPLY WITH FLORIDA STATUTES; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, to comply with Section 397.487, Florida Statutes, the Land Development Code shall be amended to create a new section 5. 04.33 which adds a procedure for the review and approval of Certified Recovery Residences, a procedure for the review and approval of reasonable accommodation requests, establish minimum application requirements, date- stamping requirements, and timelines for the review and approval of such applications. WHEREAS, the City Council has determined that this ordinance is consistent with the adopted Comprehensive Plan and is in the best interest of the City and its citizens; and WHEREAS, a public hearing has been conducted by the City Council after due public notice. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. AUTHORITY AND INTENT The authority for enactment of this ordinance is contained in Chapter 166. 021, 163. 3202, and other provisions of the Florida Statutes and the City Charter. Section 2. CREATION OF SECTION 5. 04. 33, LAND DEVELOPMENT CODE 5. 04. 33 - Certified Recovery Residences A. Definitions. For purposes of this section alone, the following terms are defined as follows: 1. " Acts" shall mean the Fair Housing Amendments Act of 1988, 42 U. S. C. § 3601, et seq., and Title II of the Americans with Disabilities Act, 42 U.S. C. $ 12131, et seq. 2. " Applicant" means the owner, operator_ or authorized agent of a Certified Recovery Residence, or a disabled individual seeking a reasonable accommodation. 3. " Certified Recovery Residence" means a dwelling that holds a valid certificate of compliance from a credentialing entity per section 397.487, Florida Statutes and is actively managed by a Certified Recovery Residence administrator. A Certified Recovery Residence provides peer- supported,  alcohol-free and drug- free living environment for individuals in recovery from substance use disorder. A Certified Recovery Residence provides no clinical, medical, counseling, or treatment services, and is not a licensed treatment facility under section 397.407, Florida Statutes, or a community residential home under section 419. 001, Florida Statutes. A Certified Recovery Residence operates as a single housekeeping unit and may not serve as a business office, intake center, administrative headquarters, or provide on- site services beyond peer-based support. 4. " Certified Recovery Residence Administrator" means an individual certified pursuant to section 397. 4871, Florida Statutes, who is responsible for managing the Certified Recovery Residence. 5. " Code" means the City of Fort Walton Beach Land Development Code. 6. " Disabled" means an individual who has a history of or is currently in recovery from a substance use disorder and is therefore considered a person with a disability under the Acts. The term includes only those individuals who are sober and in recovery and does not include individuals whose impairment consists solely of mental illness, developmental disability, physical disability, or any condition unrelated to substance use disorder. 7. " Oxford House" means a Peer Run Recovery Residence that is part of the Oxford House. Inc. network. An Oxford House is peer governed, places no time limit on residency. operates as a democratic system and utilizes self- support to pay all the household expenses. Sanctioned by Congress, each Oxford House is operated in accord with the Oxford House Manual and is not governed this section of the Code. 8. " Peer-Run Recovery Residence" means a dwelling unit occupied by individuals in recovery from substance use disorder that operates as a democratically self-governed household without on- site staff, provides no clinical treatment or personal care services, maintains an alcohol- free and drug- free environment, and is supported and managed exclusively by the residents themselves pursuant to written or customary house rules, including rules for admission, expulsion, conflict resolution, and shared financial responsibility. Peer-Run Recovery Residences are not governed by this section of the Code. 9. " Reasonable Accommodation" means a modification or waiver of a land use regulation found within the Code necessary to afford equal housing opportunity under FHAA and ADA. 10. " Residential Treatment Facility" means a building or group of buildings, whether operated for profit or not-for-profit, that provides on- site clinical, medical, counseling, therapeutic, detoxification, rehabilitative, or behavioral- health treatment services to individuals with substance use disorder, mental illness, co- occurring disorders, or related behavioral health conditions, and which employs staff, supervisors, clinicians, or treatment personnel to provide such services on a residential or live-in basis. The term includes, but is not limited to, residential treatment programs, inpatient rehabilitation  facilities, detoxification programs, therapeutic communities, re- entry treatment centers, and any residential program required to obtain or maintain licensure under Chapter 397, Florida Statutes, or comparable treatment licensure in any other jurisdiction. A Residential Treatment Facility is an institutional use and is not: ( 1) a Certified Recovery Residence under section 397.487, Florida Statutes; ( 2) a Peer-Run Recovery Residence or Oxford House- type home; ( 3) a Community Residential Home under section 419.001, Florida Statutes; or (4) a dwelling unit used solely for non-clinical recovery housing without on-site treatment services. B. A Certified Recovery Residence shall not be established within 1, 000 feet of any other Certified Recover\ Residence that is owned, operated, managed, controlled, franchised, or otherwise affiliated with the same owner, operator, parent company, controlling entity, partner, joint-venture, or any entity under common ownership or control. This spacing requirement applies solely to the concentration of business operations and shall not be construed to impose spacing limitations on Certified Recovery Residences generally or on housing for persons who are recovering from a substance use disorder, and hence disabled. C. The Planning & Zoning Division, or successor agency, shall be the central intake point for filing all applications and supporting documents for Certified Recovery Residences within the municipal boundaries of the City of Fort Walton Beach. D. Certification. 1. Prior to commencing operations, a Certified Recovery Residence shall submit: a. A copy of its current certification under section 397.487, Florida Statutes; b. Written documentation evincing that a certified administrator operates the Certified Recovery Residence; c. The property address and parcel identification number for the Certified Recovery Residence; d. A safety plan addressing parking, noise, and emergency contact procedures: e. The name and contact information of the Applicant or the Applicant' s authorized representative; f. A sworn statement affirming that no treatment is or will be provided on site; and g. the 24/ 7 contact information for the operator of the Certified Recovery Residence. 2. Filing of the Certification does not constitute a zoning approval or a development order. 3. Misrepresentation on a Certification application is a code violation subjecting the Certified Recovery Residence to code enforcement and civil action.  4. For the Certification, the City shall not require medical records, diagnoses, treatment histories, drug test results, orproof of individual disability. E. Reasonable Accommodation Application. 1. An application for a Certified Recovery Residence Reasonable Accommodation Application shall include: a. All of the information required for the Certification, and b. A description of the accommodation requested and the specific regulation or policy from which relief is sought(" Reasonable Accommodation"). 2. Date- stamp. The Planning & Zoning Division shall date- stamp each application for a Certified Recovery Residence upon receipt. If additional information is required, the Planning & Zoning Division shall notify the Applicant in writing within the first thirty ( 30) days after receipt of the application and allow the Applicant at least thirty (30) days to respond. 3. Final written determination. The Planning & Zoning Division shall issue a final written determination on the application within sixty ( 60) days after receipt of a completed application. The determination shall: a. approve the request in whole or in part, with or without conditions; or b. deny the request, stating with specificity the objective, evidence-based reasons for denial and identifying any deficiencies or actions necessary for reconsideration. c. If a final written determination is not issued within sixty ( 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. Section 3. APPLICABILITY For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Fort Walton Beach. This ordinance shall apply on or after the effective date of this ordinance. Section 4. INCLUSION INTO