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HomeMy WebLinkAboutOrdinance No. 2026-013 d`, CLE ' CITY OF CLERMONT ,, ORDINANCE NO.2026-013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 125, TO ESTABLISH PROCEDURES FOR THE REVIEW AND APPROVAL OF RECOVERY RESIDENCES PURSUANT TO AMENDED SECTION 397.487, FLORIDA STATUTES; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION OF SCRIVENER'S ERRORS,PUBLICATION AND EFFECTIVE DATE. WHEREAS, on June 25, 2025, Senate Bill 954 was signed by the Governor, amending Section 397.487(15)(a),Florida Statutes,effective July 1,2025,which requires local governments in the State of Florida to formalize and streamline the review and approval process for applicants seeking reasonable accommodation from local land use regulations to establish"certified recovery residences"; and WHEREAS,the City of Clermont desires to amend Chapter 125 of the City Code to ensure consistency with the "certified recovery residences" requirements in Section 397.487(15)(a), Florida Statutes; and WHEREAS,the passage of this ordinance is intended to ensure that the City of Clermont is in compliance with Section 397.487(15)(a), Florida Statutes; and WHEREAS, the City of Clermont finds that this Ordinance is in the best interest and welfare of the residents of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,FLORIDA: SECTION 1: AUTHORITY The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 163 and 166,Florida Statutes. SECTION 2: AMENDING CHAPTER 125,"ZONING" The Code of Ordinances of the City of Clermont,Florida,Chapter 125,"Zoning"is hereby amended by adding Article VII,"Certified Recovery Residences",which reads as follows: ARTICLE VII.-CERTIFIED RECOVERY RESIDENCES Sec. 125-620.—Purpose and Intent The purpose of this Article is to establish procedures for the review and approval of certified recovery residences within the City, in accordance with Section 397.487, Florida Statutes, and in a manner consistent with applicable federal and state laws, including but not limited to: the Fair Housing Amendments Act of 1988 (42 U.S.C. && 3601 et seg.). Title II of the Americans with CODING:Words stricken are deletions;words underlined are additions;****denote omitted text. (R CITY OF CLERMONT C�d ORDINANCE NO.2026-013 Disabilities Act of 1990 (42 U.S.C. && 12131 et seq.), and Section 397.487, Florida Statutes (collectively referred to herein as"Applicable Laws"). Sec. 125-621 —Definitions. Certified Recovery Residence means a recovery residence that holds a valid certificate of compliance and is actively managed by a certified recovery residence administrator. (a) A Level I Certified Recovery Residence houses individuals in recovery who have completed treatment,with a minimum of 9 months of sobriety,and is democratically run by the members who reside in the home. (b) A Level II Certified Recovery Residence encompasses the traditional perspectives of sober living homes. There is oversight from a house manager who has experience with living in recovery.Residents are expected to follow rules outlined in a resident handbook provided by the certified recovery residence administrator. Residents must pay dues, if applicable, and work toward achieving realistic and defined milestones within a chosen recove1y path. (c) A Level III Certified Recovery Residence offers higher supgryision by staff with formal training to ensure resident accountability. Such residences are staffed 24 hours a day, 7 days a week, and offer residents peer-support services,which may include,but are not limited to, life skill mentoring, recovery planning, and meal preparation. Clinical services may not be performed at the residence. Such residences are most appropriate for persons who require a more structured environment during early recoveryy from addiction. (d) A Level IV Certified Recovery Residence is a residence offered,referred to,or provided by, a licensed service provider to its patients who are required to reside at the residence while receiving intensive outpatient and higher levels of outpatient care.Such residences are staffed 24 hours a day and combine outpatient licensable services with recovery residential living Residents are required to follow a treatment plan and attend group and individual sessions,in addition to developing a recovery plan within the social model of living in a sober lifestyle No clinical services are provided at the residence, and all licensable services are provided offsite. Certified Recovery Residence Administrator means a recovery residence administrator who holds a valid certificate of compliance. Community Housing means a certified recovery residence offered,referred to,or provided by a licensed service provider to individuals who are required to reside at the residence while receiving intensive outpatient or higher levels of outpatient care. Such housing is classified as a Level IV recovery residence, consistent with the level of support defined in Section 397.311(5) Florida Statutes. Credentialing entity means an organization approved by the Florida Department of Children and Families("DCF")to issue and monitor recovery residence certifications under Section 397.487 Florida Statutes. CODING:Words stricken are deletions;words underlined are additions; ****denote omitted text. S: CL CITY OF CLERMONT ORDINANCE NO.2026-013 Licensed Service Provider means a public agency,private for-profit or not-for-profit agency, organization, physician, hospital, or other private practitioner that is licensed under Chapter 397, Florida Statutes, to provide substance abuse services through one or more licensed service components. Sec. 125-622—Applicability. This Article applies to all certified recovery residences within the corporate limits of the City.Nothing herein shall be construed to permit the establishment of uncertified recovery residences or to waive compliance with other applicable laws. Sec. 125-623.—Certification Requirement. (a) No recovery residence shall be established or operated within the City unless it is certified by a DCF-approved credentialing entity under Section 397.487,Florida Statutes. (b) Proof of current certification shall be provided at the time of zoning compliance review or upon request by the City. (c) Failure to maintain certification shall be grounds for enforcement and may result in revocation of any previously granted reasonable accommodation. Sec. 125-624.—Review and Approval Procedures. (a) Certified recovery residences shall be treated as residential uses under applicable zoning classifications. (b) Review shall ensure compliance with applicable building,fire,and life safety codes,and shall not impose spacing, occupancy, or operational restrictions that are inconsistent with other residential uses,except as allowed by law. (c) The City Manager or City Manager's designee shall be responsible for reviewing_applications. Sec. 125-625.—Reasonable Accommodation Request Process. (a) Pursuant to Section 397.487(15)(b), Florida Statutes, an applicant may request reasonable accommodation from any local land use regulation that serves to prohibit the establishment of a certified recovery residence. (b) Application. A request by an applicant for establishing a certified recovery residence under this Section shall be submitted in writing to the City Manager or City Manager's designee on an application form approved by the City. This form will be maintained by the City Manager or CftyManager's designee,as amended from time to time.The application shall contain such questions and requests for information as necessary for processing the certified recovery residence application request, including the following: CODING:Words stricken are deletions;words underlined are additions;****denote omitted text. d, CLERI"�OIT CITY OF CLERMONT ORDINANCE NO.2026-013 (1) Submittal. A request by an applicant for the approval of a Certified Recovery Residence, or for reasonable accommodation from any of the Ciity's land use regulations that may prohibit the establishment of a certified recovery residence, shall be submitted by the gpplicant, in writing, to the City Manager or City Manager's designee on a form prescribed by the Cityanager or City Manager's desi erig_e. Upon receipt of the application, the City shall date-stamp the application and, if additional information is required, notify the applicant in writing_within thirty (30) days after receipt of the Vplication and allow the applicant at least thirty(30)days to respond. (2) Application Content The application shall contain such questions and requests for information as necessary for processing the Certified Recovery Residence application request,including the following_ a. Name and contact information of the applicant or the applicant's authorized representative• and b. Property address, parcel identification number, description of the property, and a survey of the property;and c. Consent of the current owner of the subject property, if the applicant is not the owner of the subject property;and d. A letter of intent identifying the existing district of the property,including my previously pproved conditions or modifications; e. Description of the accommodation requested and the specific regulation or policy from which relief is sought. Specific citation to the portion of the City Land Development Code from which the applicant seeks a reasonable accommodation and a statement of how the portion of the City's Land Development Code serves to prohibit the establishment of a certified recovery residence. f. Confirm the general location of off-street parking, (c) Submission and Processing.An application will be considered complete by the City Manager or City Manager's designee if it is submitted in the required form with all mandatory information and material. This provision does not preclude the identification and correction of information submitted by the applicant after an application is accepted. (1) The City shall date-stamp each application upon receipt. (2) If additional information is required, the City shall notify the applicant in writing within 30 days of receipt of the application and allow at least 30 days for the applicant to respond. (3) If the applicant fails to respond to the request for additional information,the Cily Manager or City Manager's designee shall deny the request for relief upon the basis that it has been CODING:Words stricken are deletions;words underlined are additions; ****denote omitted text. fG- CITY OF CLERMONT —4- M ORDINANCE NO.2026-013 deemed abandoned and/or withdrawn.No further action by the City concerning said relief request shall be required. (d) Final Determination. The City shall issue a final written determination within 60 days of receiving a complete application. The City's determination shall: (1) Approve the request in whole or in part,with or without conditions,or (2) Den the he request,stating with specificity the objective,evidence-based reasons for denial and identifying My deficiencies or actions necessary for reconsideration. (3) If a final written determination is not issued within 60 days after receipt of a completed application, the request shall be deemed approved, unless the applicant and the City mutually agree in writing to a reasonable extension of time. (4) The Cit�mav establish additional procedures or submittal requirements consistent with federal and state law. Such procedures shall not conflict with Section 397.487, Florida Statutes,and shall not require public hearings beyond the minimum required by law. Sec. 125-626.—Criteria (a) The City shall apply the following criteria in considering a reasonable accommodation request for establishing a Certified Recovery Residence: (1) Whether the applicant has established that he/she, or the individual on whose behalf the application was submitted,is protected under applicable laws. (2) Whether the applicant has established that the requested accommodation is reasonable and necessary to afford the disabled individual an equal opportunity to use and enjoy the property. (3) Whether the requested accommodation would impose an undue financial or administrative burden on the City. (4) Whether the requested accommodation would require a fundamental alteration in the nature of the land use and zoning regulations of the City. (5) If applicable,whether alternative reasonable accommodation could provide an equivalent level of benefit. (6) Any other relevant criteria under applicable laws. (7) That applicant adheres to all applicable state and federal laws relating to Certified Recovery Residences and can demonstrate the same, inclusive of all required licensures or credentials for operation of a Certified Recovery Residence. CODING:Words stricken are deletions;words underlined are additions; ****denote omitted text. CIERONT CITY OF CLERMONT ORDINANCE NO.2026-013 (8) That the licensed service provider must have a paid certified employee on call during the time when individuals are at a Community Housing location,if applicable: (9) That the certified recovery residence operating as Community Housing,which residence is actively managed by a certified recovery residence administrator approved for 100 residents pursuant to Florida Statutes and is wholly owned or controlled by a licensed service provider electing to manage up to 150 residents, shall maintain a service provider personnel to-patient ratio of 1 to 8 and an onsite supervision at the residence during times when residents are at the residence with a personnel-to-resident ratio of 1 to 10,for a Level IV certified recovery residence: (10)That the certified recovery residence operating as Community Housing,which residence is actively managed�by a certified recovery residence administrator approved for 100 residents pursuant to Florida Statutes and is wholly owned or controlled by a licensed service provider electing to manage up to 300 residents,shall maintain a service provider personnel to-patient ratio of 1 to 8 and maintain onsite supervision at the residence during times when residents are at the residence with a personnel-to resident ratio of 1 to 6. (11)In the case of uncertainty with the criteria set forth, the City Manager, or desi ii shall defer to the representations of the Florida Department of Children and Families FFDDCF)in determining_compliance with the City Code. Sec. 125-627.—Revocation of Granted Accommodation. (a) The Cit�may revoke a granted accommodation for cause, including but not limited to: (1) Violation of conditions of approval: (2) Lapse,revocation, or failure to maintain certification,or (3) Operation inconsistent with the representations made in the application. (b) A revoked accommodation may be reinstated if the cause for revocation is corrected within 30 days of the Citv's notice of revocation (c) In the event that the property is found to be in violation of a public nuisance, as defined in Article III, Section 18-53,then the granted accommodation may be revoked. (d) Expiration. The granted accommodation or CertiTed Recovery Residences shall expire on March 24, 2027, unless extended by City Council. Sec. 125-628.—Federal Law Compliance. This Article does not relieve the City of its obligations under the Fair Housing Amendments Act of 1988, 42 U.S.C. ss. 3601 et seq., and Title II of the Americans with Disabilities Act, 42 U.S.C. ss. CODING:Words stricken are deletions;words underlined are additions; ****denote omitted text. CITY OF CLERMONT ORDINANCE NO.2026-013 12131 et seq. The regulation for which the applicant is seeking a reasonable accommodation must not facially discriminate against or otherwise disparately impact the applicant. SECTION 3: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 4: SEVERABILITY If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Ordinance as a whole. SECTION 5: CODIFICATION The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code. The codifier is authorized to make editorial changes not affecting the substance of this Ordinance by the substitution of"Article"for"Ordinance","Section"for"Paragraph",or otherwise to take such editorial license. SECTION 6: ADMINISTRATIVE CORRECTION OF SCRIVENER'S ERRORS Regardless of whether such inclusion in the Code as described in Section 5 is accomplished, sections of the Ordinance may be re-numbered or re-lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or City Manager's designee,without need of public hearing,by filing a corrected or re-codified copy of same with the City Clerk. SECTION 7: PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. CODING:Words stricken are deletions;words underlined are additions;****denote omitted text. S CITY OF CLERMONT C�ER ORDINANCE NO. 2026-013 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 24th day of March 2026. ` CITY OF CLERMONT, FLORIDA Tim Murry, Mayor i Tracy Ackroyd H e, AMC City Clerk APPR E AS TO O AND LEGALITY stian . Wau , City Attorney CODING: Words stricken are deletions;words underlined are additions; ****denote omitted text.