HomeMy WebLinkAboutOrdinance 2025-17 Amending Chapter 20, Zoning, Article V, Supplemental District Regulations (Certified Recovery Residences)ORDINANCE NO. 2025-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA; AMENDING CHAPTER 20, ZONING,
ARTICLE V, SUPPLEMENTAL DISTRICT REGULATIONS, OF THE CITY
OF WINTER SPRINGS CODE OF ORDINANCES TO ADD PROCEDURES
FOR PROCESSING REQUESTS FOR REASONABLE
ACCOMMODATION FROM THE CITY'S LAND DEVELOPMENT
REGULATIONS, WHICH SHALL ALSO BE APPLICABLE TO
CERTIFIED RECOVERY RESIDENCES IN ORDER TO COMPLY WITH
FLORIDA STATUTES SECTION 397.487; AMENDING ARTICLE III,
ESTABLISHMENT OF DISTRICTS, TO ESTABLISH CERTIFIED
RECOVERY RESIDENCES AS PERMITTED OR CONDITIONAL USES IN
CERTAIN ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City maintains Chapter 20, Zoning, of the City Code, which sets forth the
City's zoning code and provides standards for the use and design of real property within the City;
and
WHEREAS, federal law, specifically the Fair Housing Act, codified at 42 U.S.C. §§ 3601-
19, and Title II of the Americans with Disabilities Act, codified at 42 U.S.C. § 12132, requires
local governments to make reasonable accommodations to rules, policies, practices or services,
including land use or zoning laws and policies, when such accommodations may be necessary to
afford persons with disabilities an equal opportunity to use and enjoy a dwelling; and
WHEREAS, local governments are strongly encouraged to have established procedures
by which persons with disabilities may request reasonable accommodations with respect to rules,
polices, practices, or services, specifically including land use or zoning laws and policies, in
accordance with Jeffrey O. a City of Boca Raton, 511 F. Supp. 2d 1339 (2007) and the Joint
Statement of the Department of Housing and Urban Development and the Department of Justice,
State and Local Land Use Laws and Practices and the Application of the Fair Housing Act,
published November 10, 2016; and
WHEREAS, Section 397.487, Florida Statutes, as amended by Fla. S.B. 954 (Reg. Sess.
2025) (codified as Laws of Florida Chapter 2025-182) mandates that the City Commission of the
City of Winter Springs adopt an ordinance to establish procedures for the review and approval of
certified recovery residences, including a process for requesting reasonable accommodations from
City of Winter Springs
Ordinance No. 2025-17
Page I of 11
any local land use regulations which serve to prohibit the establishment of a certified recovery
residence; and
WHEREAS, the City therefore desires to add a new Division 5 to At V, Supplemental
District Regulations, of Chapter 20, Zoning, of the City Code to set forth procedures for the review
of reasonable accommodation requests to the City's zoning code, including for certified recovery
residences, within the City's jurisdictional boundaries; and
WHEREAS, adoption of this Ordinance is required to implement the new provisions of
Florida Statutes § 397.487, and thus is required to comply with state law; therefore, the City is not
required to prepare or cause to be prepared a business impact statement pursuant to Florida Statutes
§ 166.071(4); and
WHEREAS, the City further desires to amend its land development regulations to
establish development standards and regulations for certified recovery residences in order to
promote the consistent and uniform application of the City's land development regulations to all
uses of land; and
WHEREAS, on December 4, 2025, the City's Planning and Zoning Board (Local Planning
Agency) reviewed the amendments contained herein at a duly noticed public hearing and
forwarded its recommendation of adoption to the City Commission; and
WHEREAS, the City Commission held duly advertised public hearings on this Ordinance
and has determined that the adoption of the amendments to the City's zoning code as contained
herein is in the best interests of the City and the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings which reflect the intent and purpose of the City Commission of
the City of Winter Springs.
Section 2. Code Amendment. Article V, Supplemental Dish°ict Regulations, of the City
Code is hereby amended as follows to add a new Division 5, Reasonable 4ccommodation
Requests: (underlined type indicates additions to the City Code and strikeout type indicates
deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Article
V. It is intended that the text in Article V denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to the adoption of this Ordinance):
ARTICLE V. — SUPPLEMENTAL DISTRICT REGULATIONS
***
DIVISION 5. — REASONABLE ACCOMMODATION REQUESTS
City of Winter Springs
Ordinance No. 2025-17
Page 2 of 11
Sec. 20-455. — Reasonable Accommodation Requests.
(a) Purpose. The purpose of this section is to establish procedures for the review of
reasonable accommodation requests made regarding City land use and zoning
ordinances, rules, regulations, policies, and procedures that ma_y either be necessary to
afford persons with disabilities an equal opportunity to use and enjoy a dwelling or
avoid discrimination consistent with the Federal Fair Housing Act (42 U.S.C. § 3601,
et seq.) ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. & 12131
et seq.) ("ADA"). In addition, this section is intended to address the establishment of
certified recovery residences and provide procedures for the review and approval of
requests for a reasonable accommodation in the application of the City's ordinances,
rules, policies, and procedures with regard to such certified recovery residences as
required by Section 397.487, Florida Statutes.
(b) Eligible Applicants. Any person who is disabled, their designated representative, or a
provider of services to disabled individuals, collectively referred to as "applicant" in
this section, may request a reasonable accommodation to the City's land use and zoning
ordinances, rules, regulations, policies, and procedures in accordance with this section.
For purposes of this section, a "disabled" individual or person is an individual that
qualifies as disabled and/or handicapped under the FHA and/or ADA as defined therein.
(c) implication Requirements. A request for reasonable accommodation under this section
from the City's land development regulations, rules, policies, and procedures shall be
made in writing to the Director of Community Development and shall at a minimum
provide the following information:
(1) The name and contact information of the applicant makingthe request or the
applicant's authorized representative.
(2) If the applicant is not the owner of the property where the reasonable
accommodation is being requested, contact information of the property owner
must also be provided, and the written consent of the property owner must be
provided to the City before the application is considered complete.
(3) The property address and Seminole County Property ppraiser's parcel
identification number.
(4) A description of the applicant's disability (tea physical or mental impairment that
substantially limits one or more major life activities). The applicant may attach
any information that he or she wishes to provide the City verifying his or her
disability as defined by federal law, such as:
a. Medical records or letter of a medical profession,
City of Winter Springs
Ordinance No. 2025-17
Page 3 of 11
b. Proof that, if the individual is under 65 years of age, receives
Supplemental Security Income or Social Security Disability
Insurance benefits; or
Statement of a non -medical service agency or reliable third
who is in a position to know of the individual's disability.
If the applicant is a qualified entity serving disabled persons, the applicant
need not produce individualized evidence of their residents' or clients'
disability, but must submit a copy of policies or governing documents of the
qualifying entity ying and ensuring that it serves or will serve only
those with actual disabilities as defined by the F1 A and ADA and that it
will adhere to such policies and procedures, such as house rules or
admissions criteria.
(5) A description of the accommodation needed, identifying the ordinances, rules,
or policies from which the applicant seeks reasonable accommodation,
including a description of why the requested accommodation is necessary and
is related to the identified disability.
(6) A certification stating as follows: "I certify, under penalty of perjury, that the
information provided in this request is true and correct. I understand that if I
knowingly provide false information with this request my request shall become
null and void."
(7) Any additional documentation the applicant feels is necessary to support the
request for reasonable accommodation.
(8) The notarized signature of the applicant and date of the application.
The City shall date stamp the application upon receipt and shall notify the applicant in
writing within thirty (30) days if additional information is required, which may include
further documentation verifying the disability of the applicant or verifing the
disability -related need for the requested accommodation to the extent allowed by law.
The applicant shall have 30 days to respond with the additional information to complete
the application or the application will be deemed withdrawn.
(d) Review Process. Within sixty (60) dUs of receiving the completed application for
reasonable accommodation, the Director of Community Development shall review the
request and make a determination to either: (1) grant the reasonable accommodation
request in full; (2) grant the reasonable accommodation request with conditions; (3)
grant the request in part and deny the request in part; or 4 deny the request, in
accordance with local, state, and federal law. The Director of Community
Development's determination shall be in writing. If the request is denied, the reasons
for the denial shall be stated in writing. Denials shall be based on objective, evidence -
City of Winter Springs
Ordinance No. 2025-17
Page 4 of 11
based reasons and identify any deficiencies or actions necessary for reconsideration.
The final determination shall give notice of the applicant's right and method of appeal.
For certified recovery residence requests for reasonable accommodation, if the final
written determination is not issued within sixty (60) days after receipt of the completed
application, the request is deemed approved unless the parties agree in writing to a
reasonable extension of time. The Director of Community Development shall be
permitted to include a condition of approval that current evidence of disability be
provided to the City at regular intervals, no more frequently than annually.
The Director of Community Development shall make the determination consistent with
the City Code and the FHA and/or ADA after considering the following review criteria:
(1) Whether the applicant has established that he/she is protected under the FHA
and/or ADA by demonstrating that they are handicapped or disabled, as defined
in the FHA and/or ADA. To do this, the applicant must show he or she has, or
is serving those with:
a. A physical or mental impairment which substantially limits one (1) or
more major life activities;
b. That they are regarded as having such impairment; or
c. That they have a record of having such impairment.
(2) Whether the requested accommodation is reasonable and necessary to afford
the applicant with an equal opportunity to use and enjoy the dwelling or is
reasonable and necessary to assure the applicant an equal opportunity t� o enjoy
a service, program, or activity offered by the City.
(3) Whether the requested accommodation would impose an undue financial or
administrative burden on the Citv.
(4) Whether the requested accommodation would require a fundamental alteration
in the nature of the land use and zoning regulations of the City.
If the Director of Community Development finds that the requested
accommodation will impose an undue financial or administrative burden on the
City or will require a fundamental alteration in the nature of the City's service,
program or activity, the Director may consider whether an alternative reasonable
accommodation exists which would effectively meet the disability -related need. An
alternative reasonable accommodation may be the requested accommodation with
conditions. In conducting the review, the Director may make a site visit to the
property where the reasonable accommodation is being requested, if needed.
City of Winter Springs
Ordinance No. 2025-17
Page 5 of 11
(e) Appeals. The applicant may appeal the written decision of the Director of Community
Development within thirty_(30) days of the issuance of the Director of Community
Development's decision. Appeals shall be made in writing to the CitManager and
filed with the City Clerk. Appeals shall include the name, address, and telephone
number of the applicant, a notarized signature of the applicant; and a written summary
of the reasons for the appeal, including any legal or factual basis for the appeal. The
City Manager shall issue a final decision on the appeal within forty-five (45) dam
filingthe he appeal with the City Clerk. Any applicant aggrieved by a final decision of
the City Manager made under this section shall have the right to file an appropriate
action in a court of competent jurisdiction.
(f) No Application Fee. There shall be no fee imposed by the City for the reasonable
accommodation request process or appeals outlined in this section.
(g) General Provisions. The following additional general provisions are applicable to
requests for reasonable accommodation under this Section.
(1) An applicant may request a reasonable accommodation on their own behalf or
may be represented at all states by an attorney, legally ppointed guardian, or
other person designated_ by the individual in writing_
(2) In the event that a reasonable accommodation is granted, the applicant shall
comply with any and all applicable conditions, as well as all permitting
procedures required by the City Code and all land development regulations of
the City which have not been affected by the reasonable accommodation.
(3) All reasonable accommodations are specific to the applicant and do not run with
the land.
(4) A reasonable accommodation does not alter an individual's obligation to
comply with all other applicable federal, state, county, or City requirements,
rules, regulations, or laws.
(5) A reasonable accommodation issued pursuant to this Section shall not supersede
any current or future declaration of condominium adopted pursuant to Chapter
718, Florida Statutes, or cooperative document adopted pursuant to Chapter
719, Florida Statutes, or declaration of covenant adopted pursuant to Chapter
720 Florida Statutes.
(h) Revocations. Approvals granted under this Section for a reasonable accommodation
may be revoked or modified by the City Manager, or designee, if the applicant fails to
comply with all conditions of approval or fails to maintain all certifications and/or
licenses required by law and such certifications or licenses are not reinstated within
180 days. The Cit,, shall a 30-day written notice of the proposed revocation or
City of Winter Springs
Ordinance No. 2025-17
Page 6 of 11
modification. The applicant may request an opportunity to be heard before the City
Manager prior to the effective date of the proposed revocation.
(i) Certified Recovery Residences. A certified recovery residence maybe established as
a permitted use in the R-3 zoning district without reasonable accommodation. Certified
recovery residences may be established as a conditional use in the C-2, I-1, and C-3
Highway 17-92 Commercial zoning districts. Certified recovery residences must
comply with the zoning regulations established in Chapter 20, Zoning, of the City Code
and all other applicable land development regulations, except that reasonable
accommodations may b� e requested pursuant to this Section.
With regard to recovery residences, the City shall require all applicants for a reasonable
accommodation to have a valid certificate of compliance and provide evidence that it
is actively managed by a certified recovery residence administrator as provided in
Section 397.311 and 397.487, Florida Statutes, unless the recovery residence has a
charter from an entitrecognized or sanctioned by Congress. The Director of
Community Development shall deny requests for a reasonable accommodation from
the definition of a "family" for recovery residences, otherwise known as "sober
homes," that are not certified in accordance with the provisions of Section 397.487,
Florida Statutes, unless the recovery residence has a charter from an entitrecognized
or sanctioned by Congress. The City Commission finds that persons suffering from
addiction represent a vulnerable consumer population and adopts by reference the
findings and intent of the Legislature as expressed in Section 397.487, Florida Statutes,
and its supporting legislative history, and concludes that the requirement to maintain a
certification is intended to protect persons who reside in recovery residences.
If the Applicant is not the administrator who will be actively managing the residents
and staff of the certified recovery residence, the name and contact information of the
administrator must also be provided. A copy of the current certifications and licenses
for the certified recovery residence shall be attached to the application.
(j) Community Residential Homes. Development permit applications for community
residential homes, as defined in Section 419.001, Florida Statutes, shall not be subiect
to the provisions of this Section.
Section 3. Code Amendment. Article III, Establishment of Districts, of Chapter 20 of the
City Code is hereby amended as follows: (underlined type indicates additions to the City Code and
strikeaut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Article III. It is intended that the text in Article III denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to the adoption
of this Ordinance):
ARTICLE III. — ESTABLISHMENT OF DISTRICTS
City of Winter Springs
Ordinance No. 2025-17
Page 7 of 11
DIVISION 6. — R-3 MULTIPLE FAMILY DWELLING DISTRICTS
Sec. 20-207. — Uses permitted.
Within any R-3 Multiple -Family Dwelling District, no building, structure, land or water shall be
used except for the following uses:
(1) Any uses permitted in R-IAAA, R-IAA, R-IA, or R-1.
(2) Apartments, townhouses, patio homes or other multiple -family dwelling structures.
(3) Boarding and/or lodging homes.
(4) Guest and tourist homes.
(5) General office including: medical, dental, legal, architecture/engineering, real estate,
financial, information technology, and administrative headquarters, or similar use,
however, under no circumstances will any type of office use incompatible with
residential, schools, parks or public buildings be permitted. Signage shall be limited to
building -mounted identification signage. No outside storage or fleet and dispatch yards
are permitted; however, governmental vehicles are exempted.
(6) Certified recovery residences.
DIVISION 8. — C-2 GENERAL COMMERCIAL DISTRICT
Sec. 20-254. — Conditional uses.
(9) Certified recovery residences.
DIVISION 8.5. — I-1 LIGHT INDUSTRIAL DISTRICT
City of Winter Springs
Ordinance No. 2025-17
Page 8 of 11
Sec. 20-261. — Conditional uses.
***
***
(10) Certified recovery residences.
DIVISION 15. — C-3 HIGHWAY 17-92 COMMERCIAL DISTRICT
Sec. 20-346.3. — Conditional uses.
***
***
(12) Certified recovery residences.
***
Section 4. Code Amendment. Article I, In General, of Chapter 20 of the the City Code is
hereby amended as follows: (underlined type indicates additions to the City Code and strikeout
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Article I. It is intended that the text in Article I denoted by the asterisks and set forth in
this Ordinance shall remain unchanged from the language existing prior to the adoption of this
Ordinance):
ARTICLE I. - IN GENERAL
Sec. 20-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
***
Certified recovery residence. This term shall have the same meaning as provided in Florida Statutes
§ 397.311(5), as may be amended from time to time.
***
City of Winter Springs
Ordinance No. 2025-17
Page 9 of I
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Incorporation into Code. This Ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph, number or letter, and any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors
may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word, or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 8. Effective Date. This Ordinance shall become effective upon adoption by the City
Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 12th day of January, 2026.
Kevin McCann, Mayor
ATTEST:
Christian Gowan, City Clerk
o� W inters
G �Ovpop
�C % UQ
o-
1959 ro
e
county'
APPROVED AS TO LEGAL FORM
AND SUFF CIENCY FOR THE CIT
OF WIN E NGS ONL
Anth ny arganese, City Attorney
City of Winter Springs
Ordinance No. 2025-17
Page 10 of 11
First Reading: December 8, 2025
Legal Ad: December 29, 2025
Second Reading: January 12, 2026
City of Winter Springs
Ordinance No. 2025-17
Page 11 of 11