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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 18180 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO ESTABLISH A REASONABLE ACCOMMODATION(S) PROCEDURE REGARDING LAND USE REGULATIONS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami PURPOSE: Amending Article 7 of Miami 21 to establish a process to provide reasonable accommodations to comply with ADA and the Fair Housing Act. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: On November 5, 2025 recommended approval, by a vote of 7-0. City of Miami File ID: 18180 (Revision:) Printed On: 1/6/2026 City of Miami Legislation Ordinance Enactment Number:14428 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 18180 Final Action Date: 12/11/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO ESTABLISH A REASONABLE ACCOMMODATION(S) PROCEDURE REGARDING LAND USE REGULATIONS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, Article 7 of the Miami 21 Code, titled "Procedures and Nonconformities," sets forth the processes for review of applications, rezonings, exceptions, and other procedures; and WHEREAS, Federal and State Fair Housing laws, including the Fair Housing Amendments Act of 1988 and the Americans with Disabilities Act, require local governments to provide reasonable accommodations in zoning and land use regulations to ensure equal housing opportunities for individuals with disabilities; and WHEREAS, Florida Senate Bill 954 (2025) requires local governments to adopt an ordinance by January 1, 2026 to formalize and streamline the process for applicants seeking reasonable accommodations from land use regulations for review and approval of certified recovery residences; and WHEREAS, the City of Miami ("City") elects to create more expansive accommodation procedures than what is required by Florida Senate Bill 954 or federal law by establishing a new reasonable accommodation procedure to further accommodate the City's disabled residents from specific land use regulations which shall supply additional avenues for relief beyond the already -existing accommodations set forth by the City's waiver, variance, and other special permit procedures, which disabled and non -disabled persons may enjoy equally; and WHEREAS, on November 5, 2025, at a duly notice public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered this text amendment to the Miami 21 Code, Item PZAB.8, and passed PZAB-R-25-073, recommending approval by a vote of seven to zero (7-0); and WHEREAS, consideration has been given as to whether the proposed change will further the goals, objectives, and policies of the Comprehensive Plan, the Miami 21 Code, and other City regulations; and City of Miami File ID: 18180 (Revision:) Printed On: 1/6/2026 WHEREAS, due consideration has been given to the need and justification for the proposed change, including changing and changed conditions that make the passage of the proposed change necessary; and WHEREAS, after careful consideration of this matter, the City Commission finds that that it is in the best interest of the City and its residents to approve this amendment to the Miami 21 Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Article 7 of the Miami 21 Code is hereby amended in the following particulars:1 "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1 PROCEDURES * * * 7.1.8 Reasonable Accommodation a. Intent. The City has elected to create a more expansive accommodation procedure than is required by state and federal law. The more expansive reasonable accommodation procedure shall further accommodate the City's disabled residents beyond the accommodations set forth by the City's Waiver, Variance, and other special permit procedures, which disabled and non -disabled persons may enjoy equally. A reasonable accommodation regarding the City's zoning and land use regulations, rules, policies, and practices may be requested by individuals with disabilities, pursuant to the Fair Housing Amendments Act of 1988, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, and applicable state laws. This more expansive process shall further ensure equal access to housing, further facilitate the development of housing for individuals with disabilities, and further foster additional flexibility in the application of land use and zoning regulations, policies, practices, and procedures, when necessary to eliminate barriers to housing opportunities for a person with a disability. Accommodations must be considered on a case -by -case basis based on the nature and extent of a disability, the requirements of Miami 21, the reasonability of the requested accommodation, and any other circumstances that indicate the requested accommodation is reasonable. The grant of a Request for a Reasonable Accommodation shall not be deemed to be a rezoning of property, or to allow uses or deviations that would otherwise require a zoning Warrant, Exception, Variance or Waiver pursuant to Miami 21. ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami File ID: 18180 (Revision:) Printed On: 1/6/2026 The City is not required to agree to requested accommodations that are unreasonable. In lieu of granting a requested accommodation, the City may provide an alternative accommodation that is reasonable and more tailored to the specific regulatory barrier. b. Applicability. 1. Reasonable Accommodations shall apply to persons with disabilities (as defined in the Fair Housing Act, Rehabilitation Act, Americans with Disability Act, or any applicable state laws) for the purposes of waiving or modifying zoning and land use regulations, including but not limited to certified recovery residences as defined in the Florida Statutes. 2. The accommodation granted shall be considered personal to the individual(s) and shall not run with the land. The accommodation shall be in force and effect as long as the person(s) or group of persons with disabilities for whom the accommodation was sought resides on the property that is the subject of the accommodation. An accommodation is not transferable to a new owner or resident unless a new owner or resident renews or modifies a granted reasonable accommodation in accordance with this Section. It is the duty of the owner, on behalf of himself or herself or any resident in need of a continuing accommodation, to notify the Director of Planning and the Zoning Administrator of a request to renew or modify a granted reasonable accommodation. In the event that the reasonable accommodation is not renewed or modified within 60 days from the date of change in ownership, the accommodation will lapse and the structure shall comply with this Code or the structure/ accommodation will be considered non -conforming pursuant to Article 7 of this Code. 3. Reasonable accommodations for a certified recovery residence may be revoked should a violation of the condition of approval or the lapse, revocation, or failure to maintain certification or licensure required under Florida Statutes, if not reinstated within 180 days. 4. The City is not obligated to expend any funds to achieve a reasonable accommodation except and to the extent required by state or federal law. 5. A reasonable accommodation shall not alter a person with a disability's obligation to comply with any other applicable regulations, including but not limited to state, federal, Miami -Dade County, and City laws. c. Application process. 1. An application for an accommodation may be made by any person(s) with a disability, his or her representative, or a developer or provider of housing for a person with a disability, including but limited to certified recovery residences. 2. A request for accommodation may be submitted at any time to afford the person with a disability equal opportunity to use and enjoy the dwelling. 3. Requests for a reasonable accommodation may be made to the Planning Department and Office of Zoning in writing on the appropriate City form. However, if the applicant of a reasonable accommodation is unable to fill out the form due to his or her disability or makes their request orally to the designated City employee from the Planning Department or Office of Zoning, the designated City employee from the Planning Department or Office of Zoning shall assist the applicant with filling out a written application on the appropriate City form. Such form shall instruct the applicant what information or documents are required for the application. In the event that the applicant cannot read the form, the designated City employee from the Planning Department or Office of Zoning shall read it aloud to them. The application at minimum shall require the following: The name and contact information of the applicant or the applicant's authorized representative, including the e-mail address associated with the application. ILI The property address and parcel identification number. A description of the applicant's disability. City of Miami File ID: 18180 (Revision:) Printed On: 1/6/2026 LQ A description of the requested accommodation, which must include the specific regulation or policy from which the requested accommodation is sought. A description of the relationship between the person's disability and the need for the requested accommodation. 4. Upon receipt of the Request for a Reasonable Accommodation application: The application shall be date stamped "received". The Planning Director and Zoning Director, or their designees, shall confer to determine whether the application is complete within thirty (30) days of the City's receipt of the application. If it is determined that the application is not complete, written notice shall be provided to the applicant within that period of thirty (30) days and specify what additional information is required to deem the application complete. When requesting additional information, the Planning Director and Zoning Administrator, or their designees, may not ordinarily inquire as to the nature and severity of an individual's disability. However, reliable disability -related information may be requested that: (1) is necessary to verify that the person meets the Fair Housing Act, Rehabilitation Act, or Americans with Disability Act's definition of "disability" (2) identifies the need for the requested accommodation and (3) indicates the relationship between the person's disability and the need for the requested accommodation. 5. Upon the City's submission of a written notice that an application is incomplete, the applicant has forty (40) days from the City's submission of that written notice to respond. 6. No fees or costs may be imposed for a request for a reasonable accommodation application. d. Department Decision. 1. The Planning Director and Zoning Director, or their designees, shall make the decision on the application based upon the following criteria: Whether the applicant meets the definition of a disabled person pursuant to the Fair Housing Act, Rehabilitation Act, Americans with Disability Act, or any applicable state laws; Whether there is an identifiable relationship, or nexus, between the requested accommodation and the person's needs/disability; Whether a sufficient alternative to the specific initial request exists, if the initial request is determined to be not reasonable; Whether granting the request would change the essential nature of the Zoning Code as compared to strict application of the Zoning Code to the circumstances of the request; and Whether the request would impose undue financial and administrative burdens on the City. 2. It is the City's intent that reasonable accommodations be granted where required by federal law. If the Planning Director and the Zoning Director, or their designees, determine that the specific request is not reasonable, they shall offer, where possible, some other accommodation which would meet the requester's needs. No additional standards of review for requests for a reasonable accommodation are required. In making this determination, it shall not be a factor whether there are other neighborhoods or dwellings that could accommodate the person. 3. The Planning Director and Zoning Director, or their designees, are entitled to obtain information that is necessary to evaluate if a requested reasonable accommodation may be necessary because of a disability. If a person's disability is obvious, or otherwise known to the Planning Director and Zoning Director, or their designees, and if the need for the requested accommodation is also readily apparent or known, then any additional information about the applicant's disability or the disability - related need for the accommodation may not be requested. However, if the applicant's disability is known or readily apparent to the Planning Director and City of Miami File ID: 18180 (Revision:) Printed On: 1/6/2026 Zoning Director, or their designees, but the need for the accommodation is not readily apparent or known, information that is necessary to evaluate the disability - related need for the accommodation may be requested. The Planning Director and Zoning Director, or their designees, may not ordinarily inquire as to the nature and severity of an individual's disability, however, reliable disability -related information may be requested that: (1) is necessary to verify that the person meets the Fair Housing Act, Rehabilitation Act, or Americans with Disability Act's definition of "disability" (2) identifies the need for the requested accommodation and (3) indicates the relationship between the person's disability and the need for the requested accommodation. Depending on the individual's circumstances, information verifying that the person meets the definition of disability can usually be provided by the individual, but also may come from a doctor or medical professional, a peer support group, a non -medical service agency, or a reliable third party who is in a position to know about the individual's disability. Once the Planning Director and Zoning Director, or their designees, have established that the applicant meets the definition of a disabled person, only information necessary to evaluate if the request is needed because of a disability should be requested from the applicant. Nothing herein prevents the applicant from providing additional information regarding the disability and/or need for the requested accommodation. e. Final Written Determination: 1. The Planning Director and Zoning Administrator, or their designees, shall issue a joint written decision on a request for accommodation within sixty (60) days after receipt of a completed application. However, if the City made a request for additional information, the running of the sixty (60) days to issue a decision is stayed until the applicant responds to the City's request for information. If a final written determination is not issued within sixty (60) days after receipt of a completed application for a certified recovery residence, the request associated with the certified recovery residence is deemed approved unless the parties agree in writing to a reasonable extension of time. In all other scenarios, an applicant seeking a reasonable accommodation must notify the Zoning Administrator, the Director of Planning, and the City Attorney of any failure to provide a Final Written Determination within sixty (60) days after the City's receipt of a completed application. Upon the City's receipt of such notice, the City shall issue its Final Written Determination within seven (7) days. 2. In the Final Written Determination, the City may: Approve the request in whole or in part, with or without conditions; or Deny the request, indicating the objective, evidence -based reasons for denial and identifying any deficiencies or actions necessary for reconsideration. 3. The notice of the decision shall be sent to the applicant by electronic mail as indicated on the application. 4. The Final Written Determination is final unless the applicant files an appeal to the City Manager or the City Manager's designee within the time period for such appeals. Nothing herein shall prohibit the applicant or the applicant's authorized representative from reapplying for an accommodation provided that it is based on additional or supplemental grounds, including changed circumstances. f. Appeal. 1. An applicant or an applicant's authorized representative may appeal the Final Written Determination no later than thirty (30) days from the date the Final Written Determination is electronically mailed. 2. An appeal must be in writing (or reduced to writing as provided by subsection 3., below) and include the grounds for appeal. Any personal information related to the disability status identified by the applicant as confidential shall be retained in a manner so as to City of Miami File ID: 18180 (Revision:) Printed On: 1/6/2026 protect the privacy rights of the applicant and shall not be made available for public inspection unless required by the Floridia Public Information Act. 3. If an applicant needs assistance transcribing his reasons for appealing the Final Written Determination, the City Manager or the City Manager's designee shall take reasonable efforts to ensure that the appellate process remains accessible to the applicant. 4. An applicant shall not be required to pay a fee to appeal a Final Written Determination. 5. An appeal will be decided by the City Manager, or his or her designee. In considering an appeal of a Final Written Determination, the City Manager, or designee, shall consider the following to provide a final decision on the appeal: The criteria listed in Section 7.1.8.d.1. The reasonableness of the requested accommodation as stated in the reasonable accommodation application; The Planning Director and Zoning Director's, or designees', Final Written Determination; LQ The applicant's written grounds for the appeal; and The provisions of this section and any other applicable laws for providing reasonable accommodations for disabled individuals. 6. If the City Manager, or designee, does not issue a written decision on the appeal within forty-five (45) days from the date the City receives a timely appeal, the decision of the Planning Director and Zoning Director, or their designees, shall be deemed affirmed without the need for a written decision. 7. The decision of the City Manager, or designee, is final. *11 Section 3. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective ten (10) days after adoption.2 APPROVED AS TO FORM AND CORRECTNESS: 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein. whichever is later. City of Miami File ID: 18180 (Revision:) Printed On: 1/6/2026