HomeMy WebLinkAboutOrdinance 24-031ORDINANCE 24-031
AN ORDINANCE ESTABLISHING REASONABLE ACCOMMODATIONS PURSUANT
TO THE FEDERAL FAIR HOUSING AMENDMENTS ACT OF 1988
BE IT ORDAINED AND ADOPTED BY THE COUNCIL OF THE CITY OF
BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS:
Sec. 1-13. Reasonable accommodations for persons with disabilities.
(a) Purpose. It is the policy of the city, pursuant to the Federal Fair Housing
Amendments Act of 1988, to provide reasonable accommodations in the
application of its ordinances for disabled persons who are seeking fair and equal
access to housing in the city. The purpose of this Section is to establish a
process for making and acting upon requests for reasonable accommodations.
(b) Definitions. For purposes of this Section, the following terms will have the
meanings provided below:
a. Reasonable accommodation. A "reasonable accommodation" is the
provision to a disabled individual (or to a provider or developer of housing
for disabled individuals) of flexibility in the application of land -use and
zoning regulations or policies, including via the modification or waiver of
certain requirements, if such modification or waiver is necessary to
eliminate barriers to housing opportunities.
b. Disability or disabled. An individual is "disabled" or suffers from a
"disability" if he or she would qualify under the definitions of those terms in
the Federal Fair Housing Amendments Act of 1988 and its implementing
regulations.
(c) Request for accommodation. A disabled individual, the representative of a
disabled individual, or a developer or provider of housing for disabled individuals
may request a reasonable accommodation in the application of a city ordinance
using an application form provided by the city. Such application form will be
publicly available on the city's website and at the office of the city's community
development department. The application will include a detailed explanation of
why the modification is reasonably necessary to make the specific housing
available to the person, including (i) information establishing that the applicant
(or, as applicable, the individual on whose behalf the applicant is requesting
accommodation) is disabled; (ii) information demonstrating the burden the
existing city ordinance places on efforts to accommodate the disabled individual;
(iii) information outlining in detail the terms of the requested accommodation, and
(iv) if the application is submitted on behalf of a group of disabled individuals, the
number of individuals to be housed and why that number is necessary to
accommodate each individual. If a project for which the request is being made
also requires an additional land -use review or approval, the applicant must file
the request concurrently with the land -use review. The application may be
accompanied by any other documentary evidence that the applicant reasonably
believes may be pertinent to evaluating the applicant's requested
accommodation. A completed application must be submitted to the Community
Development Department, who in turn will promptly transmit the application and
any accompanying materials to the city council.
(d) Hearing before city council.
a. Upon city council's receipt of an application for accommodation, the
application will be scheduled for a hearing at the next regularly scheduled
city council meeting that is at least 15 days from the date of the council's
receipt of the request for accommodation.
b. Notice of the hearing at which the city council will evaluate the request will
be mailed at least 10 days before the meeting at which such hearing will
be held to the owners of all properties located within 250 feet of the
property subject to the request.
c. At the hearing, the city council will evaluate the request according to the
following factors: (i) whether the applicant or the individuals whom the
applicant represents are disabled; (ii) whether the request is needed to
allow the disabled individual equal opportunity to use and enjoy a dwelling
or to live in a particular neighborhood as an individual without disabilities;
(iii) whether the request is reasonable, considering the potential impact on
surrounding uses, the extent to which the requested accommodation
meets the stated need, and other alternatives that may meet that need;
(iv) whether the request would fundamentally alter the city's zoning
scheme; (v) whether the request would impose an undue financial or
administrative burden on the city; and (vi) any other factors that may have
bearing on the request, as determined by the city. At the conclusion of
this hearing, the city council will grant or deny the request.
d. In the course of evaluating the petition at the hearing, the city council may
consider, in addition to the application and the materials submitted
alongside it, any additional documentary evidence presented by the
applicant and the oral or written testimony of the applicant and of any
other interested persons. At all times, the applicant has the burden to
prove by a preponderance of the evidence that it is entitled to the
accommodation.
4895-3163-0296, v. 1
(e) Nature of approval. An approved request is granted only to the applicant and
does not run with the land unless the city determines (i) that the accommodation
would be physically integrated into the residential structure and cannot easily be
removed or altered or (ii) that the accommodation is to be used by another
individual with a disability. The city council must make this finding on the record
during the meeting at which the request is approved.
(f) Amendments. Proposed amendments to any reasonable accommodation
provided by the city must be presented and processed in the same manner as an
original request.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: August 27, 2024
SECOND READING: September 10, 2024 TABLED
SECOND READING: September 24, 2024 AMENDED
THIRD READING AND ADOPTION: September 30, 2024
PUBLISHED: October 1, 2024
CITY OFOOK S, SD
Oepke . Niemeye , Mayor
ATTEST:
�j,,.yC1��• pJ til
° 9 >
s I, otter, City Jerk
cam...
4895-3163-0296, v. 1