A.
This
Chapter implements the policy of the City of Twin Oaks 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 Twin Oaks is to comply fully with the provisions
of the Fair Housing Act and Title II of the Americans with Disabilities
Act.
B.
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 230.
C.
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 Article, 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 230.
The City of Twin Oaks.
The Municipal Code of the City of Twin Oaks, 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 230.
A.
To
make specific housing available to one 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.
1.
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:
a.
The current zoning or other use restriction for the property at issue;
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 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;
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 ongoing 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 licensure from the City (e.g., business license);
and
f.
Whether the accommodation requested may be necessary to afford one
or more disabled persons equal opportunity to use and enjoy a specific
dwelling or property.
2.
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 230 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 Clerk, 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 for review and consideration, the City
Clerk shall issue a written determination within thirty (30) days
of the date of receipt of a completed application and may grant the
accommodation request or 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 Clerk 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 Clerk 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 Clerk 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:
B.
If
the request for reasonable accommodation involves whether a particular
type of less-traditional mobility devices, such as golf cars 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.
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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.
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C.
A request
for a reasonable accommodation shall not be denied for reasons which
violate the provisions of the Acts. This Article 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
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 which 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 230.200 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 230; nor shall it impose any additional fees for an appeal of a denial of such request by the City Clerk other than the filing fee established for all appeals to the Board of Adjustment established in Section 400.580. Nothing in this Article 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.
