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Board adopts LDR amendment to create reasonable-accommodation process, extends to certified recovery residences
Summary
The board adopted Land Development Regulation amendments creating a local procedure to request reasonable accommodations under the Fair Housing Act and ADA and confirmed that state-certified recovery residences may request accommodations under the new process, as required by 2025 legislation (section 397.48715). Staff said the change creates a procedural avenue, not automatic approvals.
The Board voted unanimously to adopt land development regulation amendments that establish a local reasonable-accommodation process and explicitly allow certified recovery residences to request accommodations, consistent with state law. Ryan Sweeney, assistant planning and development services director, said the change creates procedures for handling such requests and does not require approval of any particular application.
General counsel and staff emphasized the legal context: federal Fair Housing and ADA protections make it unlawful to discriminate on the basis of disability and residential location, and state statute 397.487 (subsection .48715) now clarifies certification for recovery residences. "This is merely the process," Sweeney said; "it's not an obligation that we must approve the request. It's a process." Commissioners asked how state licensing and local exemptions interact; staff said licensing and exemption criteria are defined by the state and local governments must follow applicable federal and state law.
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