[Ord. No. 15-29 §1, 11-4-2015]
A. Purpose.
1.
This Section implements the policy of the City of Bridgeton
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 of Bridgeton is to comply fully with the provisions
of the Fair Housing Act and Title II of the Americans with Disabilities
Act.
2.
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 land use or
zoning laws, rules, policies, practices and/or procedures of the City
of Bridgeton 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.
3.
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. Definitions. For the purposes of this Section, certain
terms and words are hereby defined as follows:
ACTS
Collectively, the FHA and the ADA.
ADA
Title II of the Americans with Disabilities Act, 42 U.S.C.
§ 12131, et seq., and its implementing regulations, 28 CFR.
Part 35.
APPLICANT
An individual group or entity making a request for reasonable
accommodation pursuant to this Section.
CODE
The Bridgeton Code of Ordinances.
DEPARTMENT
The department of Public Works of the City of Bridgeton.
DISABLED PERSON
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).
DWELLING
A "dwelling" as defined in 42 U.S.C. § 3602(b).
FHA
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 it may be amended.
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 or her behalf
at his or 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 or zoning rules, policies, practices and/or procedure
shall be made orally or in writing. If the request is made in writing,
it shall be made on a reasonable accommodation request form provided
by the department, containing the following information:
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.
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If the request is made orally, the department may require the
applicant to provide the foregoing information orally in order to
process the request.
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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.
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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 Administrative Assistant, Director of Public Works and Zoning
Administrator (the "Staff Committee") 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 therefor.
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.
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A request for a reasonable accommodation shall not be denied
for reasons which violate the provisions of the Acts. This order does
not obligate the City to grant any accommodation request unless required
by the provisions of the Acts or applicable Missouri State law.
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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
410.180. 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 ordinance 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.