Policy on Requesting Reasonable Accommodations from the Zoning Code

Transcription

1 Plicy n Requesting Reasnable Accmmdatins frm the Zning Cde Backgrund The Americans with Disabilities Act (ADA), as amended, is a federal anti-discriminatin statute designed t remve barriers that prevent qualified individuals with disabilities frm enjying the same pprtunities available t persns withut disabilities. The Fair Husing Act (FHA), as amended, is a federal antidiscriminatin statute that prhibits discriminating against a persn n the basis f disability by refusing t make reasnable accmmdatins when necessary t affrd the persn equal pprtunity t use and enjy a dwelling. The FHA and ADA require City gvernments t make reasnable accmmdatins t plicies, practices, r prcedures t prevent discriminatin n the basis f disability. 1 Reasnable accmmdatins can include changes, mdificatins r adjustments t lcal laws, rdinances, and regulatins that prevent peple with disabilities frm having an equal pprtunity t use and enjy a dwelling. Fr example, it may be reasnable t grant an accmmdatin frm zning requirements and setbacks. In additin, city gvernments may cnsider granting exceptins t the enfrcement f certain laws as a frm f reasnable accmmdatin. The City f Jacksnville Planning and Develpment Department (PDD) shall make reasnable accmmdatins in plicies, practices, r prcedures when the accmmdatins are necessary t avid discriminatin n the basis f disability, unless thse accmmdatins wuld fundamentally alter the nature f the service, prgram, activity, r cause an undue financial and administrative burden. General Prvisins All reasnable accmmdatin requests that are submitted will be reviewed n an individual basis and independently f all ther requests. The Department recgnizes that a reasnable accmmdatin request may be the basis fr a request t rezne r t alter the uses f private prperty. Such applicatins that cnstitute requests fr rezning r zning exceptins will be prcessed and administered in the nrmal curse required by the zning cde with the additinal reasnable accmmdatin criteria required by zning cde sec (e). Fr requests ther than rezning and zning exceptin requests, the Directr shall make the decisin n the applicatin fr reasnable accmmdatin based upn cnsultatin with, and the written recmmendatin f, the Chief f Disabled Services. Applicants requesting reasnable accmmdatins may receive a decisin by the Directr with a hearing, r may elect t have the decisin made by the Directr withut a hearing. In evaluating a Request fr Reasnable Accmmdatin, the Directr, based upn cnsultatin with, and the recmmendatin f, the Chief f Disabled Services, shall cnsider cmpetent, substantial evidence relating t the fllwing: Whether the applicant meets the definitin f a disabled persn. Whether there is an identifiable relatinship, r nexus, between the requested accmmdatin and the persn s needs. Whether a sufficient alternative t the specific initial request exists, if the initial request is determined t be nt reasnable. 1 In this plicy the term reasnable accmmdatin, which is used in the FHA, 42 U.S.C. 3604(f)(3)(B), als includes the term reasnable mdificatin, which is used in the implementing regulatin fr Title II f the ADA, 28 C.F.R (b)(7). 117 W. Duval Street, Suite 205 Jacksnville, FL Phne: FAX: Page 1

2 Whether granting the request wuld change the essential nature f the Zning Cde as cmpared t strict applicatin f the cde t the circumstances r the request. Whether the request wuld impse undue financial and administrative burdens n the City. It is the City s intent that reasnable accmmdatins be granted where required by federal law. If the Directr, based upn the Chief f Disabled Services recmmendatin regarding the applicant s claimed disability, determines that the specific request is nt reasnable, he/she shall ffer, where pssible, sme ther accmmdatin which wuld meet the requester s needs. N additinal standards r review f Requests fr Reasnable Accmmdatin are required. In making this determinatin, it shall nt be a factr whether there are ther neighbrhds r dwellings that culd accmmdate the persn. The Directr and Chief f Disabled Services are entitled t btain infrmatin that is necessary t evaluate if a requested reasnable accmmdatin may be necessary because f a disability. If a persn s disability is bvius, r therwise knwn t the Directr r Chief, and if the need fr the requested accmmdatin is als readily apparent r knwn, then the Directr r Chief may nt request any additinal infrmatin abut the applicant s disability r the disability-related need fr the accmmdatin. Hwever, if the applicant s disability is knwn r readily apparent t the Directr r Chief, but the need fr the accmmdatin is nt readily apparent r knwn, the Directr may request nly infrmatin that is necessary t evaluate the disability-related need fr the accmmdatin. The Directr r Chief may nt rdinarily inquire as t the nature and severity f an individual s disability, but the Directr r Chief may request reliable disability-related infrmatin that: (1) is necessary t verify that the persn meets the Fair Husing Act and Americans with Disabilities Act s definitin f disability, (2) describes the needed accmmdatin, and (3) shws the relatinship between the persn s disability and the need fr the requested accmmdatin. Depending n the individual s circumstances, infrmatin verifying that the persn meets the Act s definitin f disability can usually be prvided by the individual, but als may cme frm a dctr r medical prfessinal, a peer supprt grup, a nn-medical service agency, r a reliable third party wh is in a psitin t knw abut the individual s disability. Once the Directr, based upn cnsultatin with the written recmmendatin f the Chief, has established that the applicant meets the definitin f a disabled persn, the Directr shuld seek nly the infrmatin necessary t evaluate if the request is needed because f a disability. Requests fr Reasnable Accmmdatins shall be persnal t the applicant and shall nt run with the land, and shall nly remain in place fr as lng as the applicant s need fr the request exists r remains. It shall be the respnsibility f the prperty wner t remve r crrect any nn-cnfrming zning cde standard authrized in an apprved Request fr Reasnable Accmmdatin nly when the need fr the accmmdatin ends. N fees r csts may be impsed fr Request fr Reasnable Accmmdatin applicatins. Supprting dcumentatin must be submitted five (5) days prir t the date established fr the decisin, r befre r at the hearing if ne takes place. 117 W. Duval Street, Suite 205 Jacksnville, FL Phne: FAX: Page 2

3 Accmmdatin Request Prcess Step 1. Accmmdatin requests may be made rally r in writing t the Planning and Develpment Department. If an applicatin is received rally, Planning and Develpment Department staff shall prvide assistance in cmpleting the written applicatin. Step 2. Step 3. Upn receipt f the Request fr Reasnable applicatin, the Planning Directr shall ntify the Chief f Disabled Services f the request t determine whether the applicatin is cmplete within five (5) wrking days. If it is determined that the applicatin is nt cmplete, written ntice shall be prvided t the applicant within three (3) wrking days specifying the deficiencies. If the applicatin is cmplete, written ntice shall be prvided that the applicatin is deemed cmplete and requesting whether the applicant wants a frmal hearing r a decisin withut a hearing. Applicant Requests Hearing: If the applicant chses t have a hearing n the applicatin, the Directr shall schedule a hearing n the applicatin n a date certain at least furteen (14) days after ntice is psted but within thirty (30) days after the applicatin has been deemed cmplete. The Directr shall make a decisin within five (5) business days f the hearing. Decisin Withut A Hearing: If the applicant elects t receive a decisin withut a hearing, the Directr shall establish the date f decisin t be at least furteen (14) days after ntice is psted but within thirty (30) days after the applicatin has been deemed cmplete. The Directr shall make the decisin n the date established. Step 4. Step 5. Ntice f Request fr Reasnable Accmmdatin shall be given within three (3) days f the receipt f a cmplete applicatin by the Department by psting signs n the subject prperty at intervals f nt mre than 200 feet alng all street sides f prperty upn which the request is made. The signs shall indicate the request and infrmatin n hw, and by when, participatin is allwed. The Department shall als pst ntice at City Hall and the Planning and Develpment Department in the specified lcatin fr psted ntices within three (3) days after receipt f a cmplete applicatin. Persns wishing t prvide cmpetent, substantial evidence related t the applicatin shall prvide thse cmments in writing t the Directr five (5) days prir t the date established fr the decisin, r may prvide such evidence befre r at the hearing if ne takes place. The Chief f Disabled Services shall prvide the Directr with a written recmmendatin n the applicant s request at least five (5) business days prir t the date established fr the decisin by the Directr, r the date f the hearing if ne is scheduled t take place. Step 6. The Directr shall prvide the applicant a written rder including his/her decisin within ten (10) days f the date f the decisin fr bth hearing and nn-hearing prceedings. Any rder denying a Request fr Reasnable Accmmdatin, r its cnditinal apprval, shall include an explanatin f the basis fr such denial r cnditinal apprval. Appeal Prcess Decisins n Requests fr Reasnable Accmmdatin are appealable t the City Cuncil pursuant t the prcedures identified in sectins f the City s zning cde. The Cuncil s review f the appeal shall be limited t a cnsideratin f whether the Request fr Reasnable Accmmdatin criteria were prperly cnsidered and applied, taking all laws, rdinances and ther judicial r legal guidance int cnsideratin, and whether sufficient alternatives were evaluated. 117 W. Duval Street, Suite 205 Jacksnville, FL Phne: FAX: Page 3

4 Request fr Reasnable Accmmdatin Prcess Planning and Develpment Department 117 W. Duval Street, Suite 205 Jacksnville, FL Phne: FAX: Page 4

5 117 W. Duval Street, Suite 205 Jacksnville, FL Phne: FAX: Page 5

6 117 W. Duval Street, Suite 205 Jacksnville, FL Phne: FAX: Page 6

7 Attachment 1: Accmmdat tin Applicatin Applicatin fr Request fr Reasnable Accmmdatin in Accrdance with the Americans with Disabi lities Act and Fair Husing Act Prepared by Disabled Services 117 W. Duval Street, Suite 205 Jacksnville, FL Phne: FAX: Page 7

8 7/2017 Part 1 f the applicatin fr Request fr Reasnable Accmmdatin in accrdance with the Americans with Disabilities Act and Fair Husing Act Applicant Instructins: A. Wh Shuld File the Applicatin: Applicants seeking Request fr Reasnable Accmmdatin fr a disability under the federal regulatins prvided by the Americans with Disabilities Act (ADA) and Fair Husing Act (FHA) shuld cmplete this applicatin. Applicants may include individuals with disabilities r persns, entities, r grups n behalf f individuals with disabilities. B. Dcumentatin Needed: The Directr f the Planning and Develpment Department and Chief f Disabled Services are entitled t btain infrmatin that is necessary t evaluate if a requested reasnable accmmdatin may be necessary because f a disability. The Directr r Chief may nt rdinarily inquire as t the nature and severity f an individual s disability, hwever, the Directr r Chief may request reliable disability related infrmatin that: (1) is necessary t verify that the persn meets the Fair Husing Act and Americans with Disabilities Act s definitin f disability, (2) describes the needed accmmdatin, and (3) shws the relatinship between the persn s disability and the need fr the requested accmmdatin. C. Review: Review f a Request fr Reasnable Accmmdatin will be deferred until applicatin is deemed cmplete. D. Cnfidentiality: T prtect cnfidentiality, nly send supprting dcumentatin separately t the address belw. All materials received will be held in cnfidence t the fullest extent allwed by law. E. Returning the Applicatin: send yur cmpleted applicatin and supprting dcumentatin t: City f Jacksnville Planning and Develpment Department Directr (r designee) 214 Nrth Hgan Street, Suite 300 Jacksnville, FL phne: (904) fax: (904) BILLK@cj.net Sectin 1: Persnal Data Name: First Middle Initial Last Mailing Address: City State Zip Cde Phne Numbers: ( ) (Hme) ( ) (Wrk) ( ) (Mbile) ( ) Sectin 2: Explanatin f Accmmdatin Requested (Include infrmatin regarding hw granting this request is necessary t accmmdate yur disability) Type f Request: 117 W. Duval Street, Suite 205 Jacksnville, FL Phne: FAX: Page 8

9 Attachment 2: Cnfirmatin f Request CONFIRMATION OF REQUEST FOR REASONABLE ACCOMMODATION Instructins: Directr f Planning and Develpment Department will deem an applicatin cmplete upn successful cmpletin f this applicatin and ntify the applicant in writing. 1. Applicant s Name Date f Request Applicant s Telephne Number 2. TYPE OF ACCOMMODATION REQUESTED, IF KNOWN (Be as specific as pssible) 3. REASON FOR REQUEST 4. DECISION TYPE (Please circle ne): Frmal Hearing Directr Decisin (Planning and Develpment Directr will assign) Lg N.: Hearing Date, if applicable: Decisin Date: 117 W. Duval Street, Suite 205 Jacksnville, FL Phne: FAX: Page 9

10 Attachment 3: Reslutin f Reasnable Accmmdatin Request RESOLUTION OF REASONABLE ACCOMMODATION REQUEST Instructins: T be cmpleted by the City f Jacksnville s Directr f Planning and Develpment Department. 1. Name f Individual requesting reasnable accmmdatin: 2. Accmmdatin(s) requested: 3. Accmmdatin(s): apprved as specifically requested apprved but different frm riginal request* denied *If the apprved accmmdatin is different frm the ne(s) riginally requested, identify the reasn why the initial request was nt apprpriate and the alternative accmmdatin(s): 4. If an alternative accmmdatin was ffered, indicate whether it was: accepted rejected 5. Request denied because: (may check mre than ne bx) Requestr des nt have a disability Accmmdatin lacks nexus t disability Accmmdatin wuld cause undue financial r administrative hardship n the City Accmmdatin wuld change the essential nature f the Zning Cde Medical dcumentatin inadequate (please prvide a descriptin f effrts made t btain necessary inf) Other (Please identify) 6. Detailed reasn(s) fr denial (Must be specific, e.g., why accmmdatin lacks a nexus t the disability r causes undue financial and administrative hardship n the City): If the Directr ffered an accmmdatin that is different frm the ne riginally requested, explain: (a) the reasns fr the denial f the accmmdatin riginally requested; and (b) why the alternative accmmdatin wuld be effective. An individual wh disagrees with the reslutin f the request may appeal the decisin with City Cuncil pursuant t the prcedures identified in sectins Printed Name f Directr, Planning and Develpment Department Signature Date reasnable accmmdatin denied/apprved 117 W. Duval Street, Suite 205 Jacksnville, FL Phne: FAX: Page 10

11 Attachment 4: Recmmendatin f Reslutin f Reasnable Accmmdatin Request REASONABLE ACCOMMODATION INFORMATION REPORTING FORM Instructins: T be cmpleted by the City f Jacksnville s Chief f Disabled Services and returned t the Directr f Planning and Develpment Department. Name f Individual requesting accmmdatin: 1. Reasnable accmmdatin: (check ne) Recmmend Apprved (Whether it is what was riginally requested r an alternative) Recmmend Denied (Attach cpy f the Reslutin f Reasnable Accmmdatin Request frm.) 2. Date accmmdatin requested: 3. Wh received request: 4. Date accmmdatin request referred t Chief f Disabled Services, if applicable: 5. Recmmendatin that individual des des nt have a disability as defined by the zning cde; r n disability determinatin made If n determinatin is made, prvide a brief descriptin why If recmmendatin that individual des nt have a disability, describe why, including what infrmatin was requested t cnfirm denial 6. Recmmendatin that there is is nt an identifiable relatinship, r nexus, between the requested accmmdatin and the applicant s needs. 7. Recmmendatin that there is is nt a sufficient alternative t the specific request. 8. Recmmendatin that the request wuld wuld nt change the essential nature f the Zning Cde. Check here if unsure and prvide a brief descriptin why 9. Recmmendatin the request wuld wuld nt impse undue financial and administrative burdens t the City. 10. Date accmmdatin recmmended apprved r denied: 11. Was medical infrmatin required t prcess this request? If yes, explain why 12. Surces f technical assistance, if any, cnsulted in trying t identify pssible reasnable accmmdatins (e.g., disability rganizatin): 13. Cmments: 14. Please attach all dcumentatin cnnected with this request. Printed Name f Chief f Disabled Services Signature 117 W. Duval Street, Suite 205 Jacksnville, FL Phne: FAX: Page 11