Richfield Village Washington County
City Zoning Code
City Zoning Code
ARTICLE 16
Reasonable Accommodations
§ 170.1900 Legislative findings.
The Village Board makes the following legislative findings relating to reasonable accommodations for persons with disabilities:
A.
The federal government has adopted laws with respect to various rights afforded persons with disabilities.
B.
Some of these laws, most notably the Fair Housing Act and the Americans with Disabilities Act, affect how local zoning rules and regulations are administered by municipalities.
C.
Under the Fair Housing Act, reasonable accommodations must be made with respect to local zoning laws so that a person with a disability has an equal opportunity to use and enjoy a dwelling unit.
D.
Under Title II of the Americans with Disabilities Act, reasonable accommodations must be made with respect to local zoning laws to avoid discrimination as provided in the Act.
E.
If a local municipality can demonstrate that a requested modification would fundamentally alter the nature of its service, program, or activity (in this instance zoning requirements), it is not required to grant the modification.
F.
Requests for wheelchair ramps in setback and offset areas as authorized in this section do not fundamentally alter the nature of this zoning code.
G.
Requests for all other types of reasonable accommodations will be reviewed individually to determine if the requested accommodation fundamentally alters the nature of this zoning code.
§ 170.1901 Reviews.
A.
Wheelchair ramps in setback and offset areas. The Building Inspector is authorized to approve the construction of wheelchair access ramps in setback areas pursuant to § 170.871.
B.
Other reasonable accommodations. All other requests for reasonable accommodations under the above-mentioned federal laws shall be accomplished through the variance process described in Article 5.
§ 170.1902 General requirements.
If a person's disability is not obvious or otherwise known, the reviewing authority may request information that is necessary to verify that the person meets the federal government's definition of disability (i.e., has a physical or mental impairment that substantially limits one or more major life activities), describes the needed accommodation, and shows the relationship between the person's disability and the need for the requested accommodation.
§ 170.1903 Confidentiality of applicant information.
In reviewing petitions for reasonable accommodations, the reviewing authority will attempt to balance the privacy rights and reasonable request of an applicant for confidentiality, with normal procedural requirements relating to public notice, public hearings, written decision documents that may include findings of fact and conclusions of law, and maintaining adequate records. Any document identifying the disability or medical condition of any specific person shall be treated as confidential and shall not be subject to disclosure by the Village for any reason, including Wisconsin's Open Records Law, unless ordered to do so by a court of competent jurisdiction and notice is given to the person who provided the document to the Village. Specifically, any medical records, regardless of source, including statements of medical providers, shall not be subject to disclosure. For any other type of document, such as an application or determination, the document may be subject to disclosure, but only after the nature or description of the person's disability or medical condition has been redacted by the Village Attorney. A statement regarding the Village's handling of information subject to this provision should be included in the decision document.
§ 170.1904 Nature of approval.
Any accommodation approved under this chapter is considered a personal accommodation for the individual applicant and does not run with the land.
§ 170.1905 Imposition of conditions.
The reviewing authority may impose conditions of approval deemed necessary to uphold the overall intent of this chapter. Typical conditions of approval include, but are not limited to, the following:
A.
Periodic inspection of the property to verify compliance with this section and any conditions of approval;
B.
Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;
C.
Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;
D.
Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;
E.
Measures to reduce the impact on surrounding properties and uses;
F.
Measures in consideration of the physical attributes of the property and structures; and
G.
Other conditions necessary to protect the public health and safety,