HomeMy WebLinkAboutNo 1051 Amending Section 44-22 of the Maplewood City Code Related to Reasonable Accommodations, Including Moving the Section to Chapter 2ORDINANCE NO. 1051
AN ORDINANCE AMENDING SECTION 44-22 OF THE MAPLEWOOD CITY CODE
RELATED TO REASONABLE ACCOMMODATIONS, INCLUDING MOVING THE SECTION
TO CHAPTER 2 – ADMINISTRATION UNDER A NEW ARTICLE VI, SECTION 2-385
THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS AS
FOLLOWS:
Section 1. Section 44-22 of the Maplewood City Code is hereby amended to read as follows
and is moved to Chapter 2 – Administration, Article VI, Section 2-385:
Chapter 2 – ADMINISTRATION.
ARTICLE VI. – REASONABLE ACCOMMODATION
Section 2-385. Reasonable accommodation.
(a) Policy and purpose. It is the policy of the city, pursuant to the Federal Fair Housing
Amendments Act of 1988, to provide reasonable accommodation in the application of its
zoning and other regulations for persons with disabilities seeking fair and equal access to
housing. Reasonable accommodation means providing an individual with a disability or
developers of housing for an individual with a disability flexibility in the application of land
use, zoning and other regulations or policies (including the modification or waiver of certain
requirements), when it is necessary to eliminate barriers to fair housing opportunities. The
purpose of this article is to establish a process for making and acting upon requests for
reasonable accommodation.
(b) Initiation of reasonable accommodation request. Any qualified person who requests
reasonable accommodation in the form of modification in the application of a zoning or
other regulation which may act as a barrier to fair housing opportunities due to the disability
of existing or proposed residents, may do so on an application form provided by the city
manager or such other person as the city manager may designate from time to time (the
"accommodation specialist"). "Qualified Person" includes any individual with a disability, his
or her representative or a developer or provider of housing for an individual with a
disability. The application shall include a detailed explanation of why the accommodation is
reasonably necessary to make the specific housing available to the qualified person(s),
including information establishing that the applicant is disabled under applicable laws, as
well as other information required by the accommodation specialist to make the
determination. If the project for which the request is being made also requires an additional
land use review or approval, the applicant shall file the request concurrently with the land
use review.
(c) Accommodation specialist determination; required findings. The accommodation specialist,
in consultation with the city attorney, shall have the authority to consider and act on
requests for reasonable accommodation. The accommodation specialist shall issue a
written decision in which the request is approved, approved subject to conditions, or
denied. In making the decision as to whether an accommodation is reasonable, the
following factors shall be considered:
(1) Special need created by the disability;
(2) Potential benefit that can be accomplished by the requested accommodation;
(3) Need for the requested accommodation, including alternatives that may provide an
equivalent level of benefit;
(4) Physical attributes of and any proposed changes to the subject property and
structures;
(5) Potential impact on surrounding uses;
(6) Whether the requested accommodation would constitute a fundamental alteration of
the zoning regulations, policies or procedures of the city, and/or nature of the area in
which the accommodation is being requested;
(7) Whether the requested accommodation would impose an undue financial or
administrative burden on the city; and
(8) Any other factor that may be determined to have a bearing on the request.
Any approval issued under this section may include such reasonable conditions that the
accommodation specialist deems necessary to mitigate any adverse impacts that the granting of
such reasonable accommodation may produce or amplify. For any reasonable accommodation
request granted for a sober home, as defined in Minnesota Statutes 254B.01. subd. 11, (“sober
home”) a condition of the limited license shall be in compliance with the requirements of
Minnesota Statutes, section 254B.181.
If the qualified individual is a developer or provider of housing and is an organized business
entity, including for profit and non-profit businesses, the application shall include additional
disclosures as required by the accommodation specialist.
(d) Notice of decision. The written decision of the accommodation specialist shall be mailed to
the applicant within five business days of such decision being made. All written decisions
shall give notice of the right to appeal a decision of the accommodation specialist pursuant
to paragraph (k) below. The decision of the accommodation specialist shall constitute the
final decision of the city, unless appealed according to the procedures and within the time
limits provided in paragraph (k). Only the aggrieved applicant of the written reasonable
accommodation determination has a right to appeal the decision. A reasonable
accommodation approved under this section shall become effective on the first calendar
day following expiration of the right to appeal.
(e) Applicability. Any approved request shall constitute a limited license which shall allow the
property owner or occupant to continue to rely upon such accommodation only so long as
they own or occupy the property. Approval of a reasonable accommodation does not
constitute a property right, does not run with the land, and does not provide future owners
or occupants any rights to rely upon such accommodation approvals. Only the qualified
person who applied for such reasonable accommodation, and who is specifically named in
the city's approval of such accommodation, shall be entitled to the benefits and protections
thereof.
(f) Conditions and guarantees. Prior to the issuance of any permits relative to an approved
reasonable accommodation request, the accommodation specialist may require the
applicant to record a covenant acknowledging and agreeing to comply with the terms and
conditions established in the determination.
(g) Fee. The city council shall annually set a fee in connection with a request for reasonable
accommodation made pursuant to the provisions of this article. Additional fees for any
other required permit or approval shall also be charged in accordance with the city's
general fee schedule.
(h) Escrow. If the qualified individual is an organized business entity, whether for profit or a
non-profit, and the business is a developer or provider of housing that is not licensed by the
State of Minnesota, the business will be required to pay the actual costs of review of the
application and will be required to place an amount as established in the city’s general fee
schedule, or an amount determined by the accommodation specialist based on the
estimated costs for reviewing the application, into an escrow account which the city can
draw down to cover the actual costs of review of the application. If the actual cost of
reviewing the application exceeds the amount established in the city’s general fee
schedule, then the city may charge the additional amount to the applicant. Payment of the
additional amount will be a condition of granting the requested accommodation. This
subsection is intended to conform to the city's practices in other development and housing
contexts.
(i) Annual confirmation. If the qualified individual is an organized business entity, whether for
profit or a non-profit, and the business is a developer or provider of housing that is not
licensed by the State of Minnesota, the business holder of an approved reasonable
accommodation limited license hereunder shall, on or before January 1st of each year,
provide the city with an updated affirmation that the reasonable accommodation is still
necessary and that any conditions of the reasonable accommodation are being adhered to.
In the event that the accommodation specialist has reasonable cause to believe that the
factors supporting the original approval of a reasonable accommodation have changed, the
accommodation specialist may request additional information from the license holder.
Failure to annually reaffirm the need for the reasonable accommodation, or failure to
provide information reasonably requested by the accommodation specialist shall result in
automatic termination of the reasonable accommodation upon written notice by the
accommodation specialist.
(j) Termination of Reasonable Accommodation. The accommodation specialist may terminate
a reasonable accommodation for any of the following reasons:
(1) the person to whom the reasonable accommodation is granted no longer owns or
occupies the property;
(2) the qualified person to whom the reasonable accommodation is granted fails to affirm
that the conditions of the reasonable accommodation are being adhered to and the
reasonable accommodation is still necessary;
(3) the accommodation specialist determines that the reasonable accommodation is no
longer necessary or reasonable, the conditions of the reasonable accommodation are
not being followed, or the factors considered under paragraph (c) have changed to an
extent that the property no longer meets the requirements of this chapter.
The accommodation specialist must provide written notice of termination specifying the
reason(s) for termination. Termination due to paragraph (i)(1) shall be effective as of the
date the person(s) to whom the accommodation is granted either no longer owns or
occupies the property. Termination for any other reason shall be effective upon the written
notice of the accommodation specialist.
All written decisions shall give notice of the right to appeal a decision of the
accommodation specialist pursuant to paragraph (k) below. The decision of the
accommodation specialist shall constitute the final decision of the city, unless appealed
according to the procedures and within the time limits provided in paragraph (k). Only the
aggrieved applicant of the written reasonable accommodation determination has a right to
appeal the decision.
(k) Appeals. Any decision reached by the accommodation specialist pursuant to paragraph (d)
above shall be subject to appeal to the city council by those persons with a right to appeal
as provided herein. All appeals shall be initiated by submitting a notice of appeal, in writing,
to the accommodation specialist within 30 days of the date upon which the decision was
made. Upon notice of appeal, the city manager shall present such appeal to the city council
for action within 30 days. The accommodation specialist shall also serve notice of such
appeal on all parties entitled to receive notice of a decision issued under paragraph (d)
above. Following a hearing on such appeal, the city council shall issue its findings, in
writing, within 30 days.
Section 2. This ordinance shall be effective following its adoption and publication.
Approved by the City Council of the City of Maplewood on December 9, 2024.
Signed:
________________________________
Marylee Abrams, Mayor
Attest:
_______________________
Andrea Sindt, City Clerk