California town considers zoning exemption for disabled people making homes accessible

From the Desert Dispatch in Barstow, Calif.:

BARSTOW, Calif. -- An extra step may be required for Barstow disabled residents wanting to add wheelchair ramps or other modifications to their homes.

The city planning department is developing an ordinance that would allow a disabled resident to apply for an exemption to a provision in Barstow’s zoning and land use code if it prevents them from accessing their homes.

Putting a wheelchair ramp or installing other modifications in a home currently requires a building permit, said City Planner Mike Massimini. But under the proposed reasonable accommodations ordinance if a person can show proof that he or she is disabled or is acting on behalf of someone who is disabled, depending on the request, another permit may not be necessary.

“In many cases it does not require a building permit,” he said. “Really it depends on the type of work.”

If another permit is required, the person can file a reasonable accommodations request and an application for the additional permit at the same time.

The applicant would also have to include proof that the exception or modification to the city’s zoning code is necessary to provide access to the person’s home, as well as any other documentation the city planner thinks is necessary. City staff must approve or deny the application within 30 days of its submittal.

The city’s zoning code does not discriminate against the disabled currently, according to Massimini. But the city is developing its reasonable accommodations ordinance to be in compliance with the Federal Fair Housing Act and the California Fair Employment and Housing Act. Massimini didn’t know of any penalties in place if the city doesn’t have a reasonable accommodations ordinance in place, he said.

The ordinance will be included in the city’s housing element, which will come before the City Council July 19. Massimini brought the proposed ordinance to the Planning Commission for discussion Monday.

At the Planning Commission meeting, Commissioner Carmen Hernandez asked Massimini how the city would keep track of those who have successfully submitted a reasonable accommodations request. Massimini said the city won’t actively track them, but it would be useful in case the city receives a complaint from a neighbor.