A.
This Chapter implements the policy of the City of Wright City 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 Wright 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 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 Chapter 555. Nothing in this Chapter 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 Chapter.
For the purposes of this Chapter, 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 Chapter 555.
The City of Wright City.
The Municipal Code of the City of Wright City, Missouri.
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 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.
The City shall display a notice at the counter in City Hall or at another prominent and appropriate place advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this Chapter 555.
To make specific housing available to one (1) or more individuals
with disabilities, the applicant may request a reasonable accommodation
relating to the various land use, park/public space use or zoning
rules, policies, practices and/or procedure of the City applicable
to such housing.
A.
A request by an applicant for reasonable accommodation relating to
land use, park/public space or zoning rules, policies, practices and/or
procedures shall be made orally or in writing on a reasonable accommodation
request form provided by the City. The form shall contain:
1.
The current zoning or other use restriction for the property
at issue;
2.
The name, phone number and address of the owner of the fee interest
of the property (if other than the applicant);
3.
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 City Clerk in the
event the residents at the location are not within the range of disabilities
described. The City shall then determine if an amended application
and subsequent determination of reasonable accommodation is appropriate;
4.
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;
5.
The applicant should also note, if known, whether this accommodation
requires any additional licensure from the city (e.g., business license);
and
6.
Whether the accommodation requested may be necessary to afford
one (1) or more disabled persons equal opportunity to use and enjoy
a specific dwelling or property. The City will assist the applicant
with furnishing all information necessary to the City for processing
the reasonable accommodation request, including that information which
the City 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 City shall use the information to complete a reasonable accommodation
request form.
B.
The City will provide the assistance necessary to an applicant in making a request for reasonable accommodation. The City 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 Chapter 555 by a person designated by the applicant.
C.
Should the information provided by the applicant to the City 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 City, to the extent allowed by law,
treat such medical information as confidential information of the
applicant.
D.
The City 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 City for disclosure of
the medical information or documentation which the applicant has previously
requested be treated as confidential by the City. The City 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.
A.
City Administrator/Designee. The City Administrator, or his/her designee
("City Administrator"), shall have the authority to consider and act
on requests for reasonable accommodation. When a request for reasonable
accommodation is filed with the City Clerk, it will be referred to
the City Administrator for review and consideration. The City Administrator
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 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.
B.
If reasonably necessary to reach a determination on the request for
reasonable accommodation, the City Administrator may, prior to the
end of said thirty-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 thirty-day
period to issue a written determination shall be stayed. The City
Administrator 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
fifteen-day period, the City Administrator shall issue a written determination
within thirty (30) days after expiration of said fifteen-day period.
A.
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 code, comprehensive plan or policies
regarding access and use of public property; and
3.
Whether the requested accommodation would impose undue financial
or administrative burdens on the City.
B.
If the request for reasonable accommodation involves whether a particular
type of less traditional mobility devices such as golf carts or Segways® [referred to as "other power-driven mobility
device" ("OPDMD")] can be accommodated in a particular City facility,
park or public space ("facility"), the following additional factors
must be considered:
1.
The type, size, weight, dimensions, and speed of the OPDMD;
2.
The facility's volume of pedestrian traffic (which may
vary at different times of the day, week, month, or year);
3.
The facility's design and operational characteristics (e.g.,
whether its activities are conducted indoors or outdoors, its square
footage, the density and placement of furniture and other stationary
devices, and the availability of storage for the OPDMD if needed and
requested by the user);
4.
Whether legitimate safety requirements (such as limiting speed
to the pace of pedestrian traffic or prohibiting use on escalators)
can be established to permit the safe operation of the OPDMD in the
specific facility; and
5.
Whether the use of the OPDMD creates a substantial risk of serious
harm to the immediate environment or natural or cultural resources
or poses a conflict with Federal, State or local land management laws
and regulations.
Note: The assessment factors listed above relate to an entire
class of OPDMD type, not to how a person with a disability might operate
the device. For example, all types of devices powered by fuel or combustion
engines may be excluded from indoor settings for health or environmental
reasons, but may be deemed acceptable in some outdoor settings. Also,
for safety reasons, larger electric devices may be excluded from narrow
or crowded settings where there is no similar reason to exclude smaller
electric devices like Segways®. Per
the Department of Justice, it is expected that, in most circumstances,
people with disabilities using ATVs and other combustion engine-driven
devices may be prohibited indoors and in outdoor areas with heavy
pedestrian traffic.
C.
A request for a reasonable accommodation shall not be denied for
reasons which violate the provisions of the Acts. This Chapter does
not obligate the City to grant any accommodation request unless required
by the provisions of the Acts or applicable Missouri State law.
A.
Within thirty (30) days after the date the City mails a written adverse determination, under Section 555.050, to the applicant, the applicant requesting reasonable accommodation may appeal the adverse determination.
B.
All appeals shall contain a statement of the grounds for the appeal.
C.
If an individual applicant needs assistance in appealing a determination,
the City 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.
D.
Appeals shall be to the Board of Adjustment who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than forty-five (45) days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in Section 555.060 and shall be consistent with the Acts.
E.
An applicant may request reasonable accommodation in the procedure
by which an appeal will be conducted.
The City shall not impose any additional fees or costs in connection with a request for reasonable accommodation under the provisions of this Chapter 555; nor shall it impose any additional fees for an appeal of a denial of such request by the City Administrator other than the filing fee established for all appeals to the Board of Adjustment established in Section 400.040. Nothing in this Chapter obligates the City to pay an applicant's attorneys' fees.
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.
The City shall maintain records of all oral and written requests
submitted under the provisions of this Chapter, and the City's
responses thereto, as required by State law.
