Osage Beach City Zoning Code
ARTICLE XIII
Reasonable Accommodation Regulations
Section 405.735 Reasonable Accommodation Policy and Procedure.
[Ord. No. 16.40 §3, 5-19-2016]
A.
Purpose. This Section implements the policy of the City of Osage Beach on requests for reasonable accommodation in its rules, policies and procedures for persons with disabilities as required by the Fair Housing Act, as amended, 42 U.S.C. §3604(f)(3)(B) and Title II of the Americans with Disabilities Act, 42 U.S.C. §12132. The policy of the City is to comply fully with the provisions of the Fair Housing Act and Title II of the Americans with Disabilities Act.
Any person with disabilities and eligible under the Fair Housing Act or Title II of the Americans with Disabilities Act may request a reasonable accommodation with respect to the various provisions of the Title IV, Land Use of the Osage Beach Municipal Code including land use or zoning laws, rules, policies, practices and/or procedures of the City as provided by the Fair Housing Act and Title II of the Americans with Disabilities Act pursuant to the procedures set out in this Section.
Nothing in this Section requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing or land use laws or practices to seek reasonable accommodation under this Section.
B. ACTS ADA APPLICANT CODE ADMINISTRATOR DEPARTMENT FHA DISABLED PERSON DWELLING LAND USE CODE
Definitions. For the purposes of this Section, certain terms and words are hereby defined as follows:
Collectively, the FHA and the ADA.
Title II of the Americans with Disabilities Act, 42 U.S.C. §12131, et seq., and its implementing regulations, 28 CFR. Part 35.
An individual, group or entity making a request for reasonable accommodation pursuant to this Section.
The City Planner or other individual charged with authority to act under Title IV, Land Use, of the City of Osage Beach Codes and Ordinances.
The Planning Department and City Planner charged with enforcement of the Title IV, Land Use.
The Fair Housing Act, Title III of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§3601 et seq., as may be amended.
Any person who is "handicapped" within the meaning of 42 U.S.C. §3602(h) or a "qualified individual with a disability" within the meaning of 42 U.S.C. §12131(2).
A "dwelling" as defined in 42 U.S.C. §3602(b).
The City of Osage Beach Land Use Code consisting of Title IV of the City's Codes of Ordinances.
C.
Requesting Reasonable Accommodations. In order to make specific housing available to one (1) or more individuals with disabilities, a disabled person or a person acting on his/her behalf at his/her request (collectively, the "applicant") may request a reasonable accommodation relating to the various land use or zoning rules, policies, practices and/or procedure of the City applicable to such housing.
1.
A request by an applicant for reasonable accommodation relating to the Land Use Code, policies, practices and/or procedures shall be made orally or in writing on a reasonable accommodation request form provided by the Planning Department. The form shall contain:
a.
The current zoning for the property;
b.
The name, phone number and address of the owner of the fee interest of the property (if other than the applicant);
c.
The nature of the disability that requires the reasonable accommodation. In the event that the specific individuals who are expected to reside at the property are not known to the applicant in advance of making the application, the applicant shall not be precluded from filing the application, but shall submit details describing the range of disabilities that prospective residents are expected to have to qualify for the housing. The applicant shall notify the department in the event the residents at the location are not within the range described. The department shall then determine if an amended application and subsequent determination of reasonable accommodation is appropriate;
d.
The specific type of accommodation requested by the applicant. To the extent practicable, this portion should include information concerning the impact of the reasonable accommodation on the adjoining properties and area, the number of people who are expected to be availing themselves of the reasonable accommodation, the estimated number of people in an average week who will be necessary to provide services to the person(s) with disabilities at the property on an on-going basis, whether or not this type of reasonable accommodation is required to obtain a license from any State or County authority to operate, and any other information the applicant thinks would assist in determining the reasonableness of the accommodation;
e.
The applicant should also note, if known, whether this accommodation requires any additional permits or licensure (e.g. business license); and
f.
Whether the accommodation requested may be necessary to afford one (1) or more disabled persons equal opportunity to use and enjoy a specific dwelling.
The department will provide the assistance necessary to an applicant in making a request for reasonable accommodation, including information which the department deems necessary to complete a reasonable accommodation request form. Upon the City's receipt of the necessary information to process the applicant's request for reasonable accommodation, the department shall use the information to complete a reasonable accommodation request form. When the department prepares a request for reasonable accommodation form in response to an oral request the form shall be presented to the requester for their input and approval. |
2.
The department will provide the assistance necessary to any applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the applicant. The applicant is entitled to be represented at all stages of the proceedings identified in this Section by a person designated by the applicant.
3.
Should the information provided by the applicant to the department include medical information or records of the applicant, including records indicating the medical condition, diagnosis or medical history of the applicant, the applicant may, at the time of submitting such medical information, request that the department to the extent allowed by law, treat such medical information as confidential information of the applicant.
4.
The department shall provide written notice to the applicant, and any person designated by the applicant to represent the applicant in the application proceeding, of any request received by the department for disclosure of the medical information or documentation which the applicant has previously requested be treated as confidential by the department. The department will cooperate with the applicant, to the extent allowed by law, in actions initiated by the applicant to oppose the disclosure of such medical information or documentation.
D.
Jurisdiction.
1.
Staff Committee. A Staff Committee comprised of the City Administrator, City Planner and Chief of Police is hereby created and charged with the responsibilities and duties set out herein. The Staff Committee shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the department, it will be referred to the Staff Committee for review and consideration. The Staff Committee shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may: (1) grant the accommodation request, or (2) deny the request, in accordance with Federal or State law. Any such denial shall be in writing and shall state the grounds therefore. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation in the appeals process. The notice of determination shall be sent to the applicant by certified mail, return receipt requested and by regular mail.
2.
If reasonably necessary to reach a determination on the request for reasonable accommodation, the Staff Committee may, prior to the end of said 30-day period, request additional information from the applicant, specifying in detail what information is required. The applicant shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the 30-day period to issue a written determination shall be stayed. The Staff Committee shall issue a written determination within thirty (30) days after receipt of the additional information. If the applicant fails to provide the requested additional information within said 15-day period, the Staff Committee shall issue a written determination within thirty (30) days after expiration of said 15-day period.
E.
Findings For Reasonable Accommodation. The following findings, while not exhaustive of all considerations and findings that may be relevant, must be made before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record relating to such approval or denial:
1.
Whether the accommodation requested may be necessary to afford one (1) or more persons with disabilities equal opportunity to use and enjoy a specific dwelling;
2.
Whether the requested accommodation would require a fundamental alteration to the City's zoning scheme; and
3.
Whether the requested accommodation would impose undue financial or administrative burdens on the City.
A request for a reasonable accommodation shall not be denied for reasons which violate the provisions of the Acts. This Section does not obligate the City to grant any accommodation request unless required by the provisions of the Acts or applicable Missouri State law. |
F.
Appeals.
1.
Within thirty (30) days after the date the Staff Committee mails a written adverse determination to the applicant, the applicant requesting reasonable accommodation may appeal the adverse determination.
2.
All appeals shall contain a statement of the grounds for the appeal.
3.
If an individual applicant needs assistance in appealing a determination, the department will provide the assistance necessary to ensure that the appeal process is accessible to the applicant. All applicants are entitled to be represented at all stages of the appeal proceeding by a person designated by the applicant.
4.
Appeals shall be to the Board of Adjustment pursuant to Section 405.690. All determinations on appeal shall address and be based upon the finding that the accommodation requested is necessary to afford one (1) or more disabled persons equal opportunity to use and enjoy a specific dwelling and shall be consistent with the Acts.
5.
An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.
G.
Fees. The City shall not impose any additional fees or costs in connection with a request for reasonable accommodation under the provisions of this Section or an appeal of a denial of such request by the Staff Committee. Nothing in this Section obligates the City to pay an applicant's attorney fees or costs.
H.
Stay Of Enforcement. While an application for reasonable accommodation or appeal of a denial of said application is pending before the City, the City will not enforce the subject zoning ordinance against the applicant.
I.
Record-Keeping. The City shall maintain records of all oral and written requests submitted under the provisions of this Section, and the City's responses thereto, as required by State law.