Good morning,
Do any of your cities have ordinance covering the process for seeking a reasonable accommodation (under ADA/FHA) from zoning and land use laws?

Thanks,

Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

I would think that a variance through the Board of Adjustment would be the appropriate process.  I'll be interested if any city has a created process other than use of a variance to handle accommodation requests.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: Teresa Nowlin tnowlin@jenksok.org
Sent: Monday, June 6, 2022 10:56 AM
To: oama@lists.imla.org
Subject: [Oama] Ordinance regarding process for seeking a reasonable accommodation (under ADA/FHA) from zoning and land use laws?

Good morning,
Do any of your cities have ordinance covering the process for seeking a reasonable accommodation (under ADA/FHA) from zoning and land use laws?

Thanks,

Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

This article had the most practical advice I've seen on the subject. He suggests that you generally would go through the regular variance procedure but if relief is not granted, the City then needs to consider the reasonable accommodation request and consider those specific criteria rather then the variance standards. I believe federal law requires us to consider these reasonable accommodation requests beyond just a variance or special exception if they can't be granted under those standards as set out by statute/local ordinance. But not sure how we do that (at least as statutory cities) when state statute sets forth the limits of the Board of Adjustments' authority (and this does seem to fit within their jurisdiction).

So far I've mostly only found examples out of California.

From: Jon Miller JMiller@cityofmustang.org
Sent: Monday, June 6, 2022 11:31 AM
To: Teresa Nowlin tnowlin@jenksok.org; oama@lists.imla.org
Subject: RE: Ordinance regarding process for seeking a reasonable accommodation (under ADA/FHA) from zoning and land use laws?

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
I would think that a variance through the Board of Adjustment would be the appropriate process.  I'll be interested if any city has a created process other than use of a variance to handle accommodation requests.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: Teresa Nowlin <tnowlin@jenksok.orgmailto:tnowlin@jenksok.org>
Sent: Monday, June 6, 2022 10:56 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Ordinance regarding process for seeking a reasonable accommodation (under ADA/FHA) from zoning and land use laws?

Good morning,
Do any of your cities have ordinance covering the process for seeking a reasonable accommodation (under ADA/FHA) from zoning and land use laws?

Thanks,

Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

"a reasonable accommodation (under ADA/FHA) from zoning and land use laws?"

Are you saying the builder wants an exemption from an otherwise applicable ADA requirement or wants to create an accommodation that deviates from the zoning law?

Lowell Peterson
22309 E. 67th Street S.
Broken Arrow, OK 74014
lpeterson@live.commailto:lpeterson@live.com
Cell (918) 805-4090

From: Teresa Nowlin tnowlin@jenksok.org
Sent: Monday, June 6, 2022 11:44 AM
To: Jon Miller JMiller@cityofmustang.org; oama@lists.imla.org
Subject: [Oama] Re: Ordinance regarding process for seeking a reasonable accommodation (under ADA/FHA) from zoning and land use laws?

This article had the most practical advice I've seen on the subject. He suggests that you generally would go through the regular variance procedure but if relief is not granted, the City then needs to consider the reasonable accommodation request and consider those specific criteria rather then the variance standards. I believe federal law requires us to consider these reasonable accommodation requests beyond just a variance or special exception if they can't be granted under those standards as set out by statute/local ordinance. But not sure how we do that (at least as statutory cities) when state statute sets forth the limits of the Board of Adjustments' authority (and this does seem to fit within their jurisdiction).

So far I've mostly only found examples out of California.

From: Jon Miller <JMiller@cityofmustang.orgmailto:JMiller@cityofmustang.org>
Sent: Monday, June 6, 2022 11:31 AM
To: Teresa Nowlin <tnowlin@jenksok.orgmailto:tnowlin@jenksok.org>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: RE: Ordinance regarding process for seeking a reasonable accommodation (under ADA/FHA) from zoning and land use laws?

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
I would think that a variance through the Board of Adjustment would be the appropriate process.  I'll be interested if any city has a created process other than use of a variance to handle accommodation requests.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: Teresa Nowlin <tnowlin@jenksok.orgmailto:tnowlin@jenksok.org>
Sent: Monday, June 6, 2022 10:56 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Ordinance regarding process for seeking a reasonable accommodation (under ADA/FHA) from zoning and land use laws?

Good morning,
Do any of your cities have ordinance covering the process for seeking a reasonable accommodation (under ADA/FHA) from zoning and land use laws?

Thanks,

Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office