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.
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.
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.
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.
Any accommodation approved under this chapter is considered
a personal accommodation for the individual applicant and does not
run with the land.
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,
