1000-05 ORDINANCES, ORDERS, RESOLUTIONS
3/3/2016 3:46:28 PM
3/3/2016 3:46:22 PM
Ordinance & Resolution
Document Type (O&R)
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SECTION 1. <br /> Chapter 17 "Human Relations," Article III, "Discrimination" of the Code of the City of <br /> Fort Worth is hereby amended to add Division V "Reasonable Accommodation or Modification <br /> for Residential Uses" for persons with disabilities to be and read as follows: <br /> 17-107 Purpose <br /> It is the policy of the City of Fort Worth, pursuant to the Fair Housing Amendments Act of 1988, <br /> the Americans with Disabilities Act and applicable state laws, to provide individuals with <br /> disabilities reasonable accommodations (including modifications or exceptions) in the City's <br /> zoning, land use and other regulations, rules, policies and practices, to ensure equal access to <br /> housing and to facilitate the development of housing for individuals with disabilities, or <br /> developers of housing for people with disabilities, flexibility in the application of land use, <br /> zoning, building and other regulations, policies, practices and procedures, including waiving <br /> certain requirements, when it is necessary to eliminate barriers to housing opportunities to ensure <br /> a person with a disability has an equal opportunity to use and enjoy a dwelling. <br /> This Division provides a procedure for making requests for accommodations in land use, zoning, <br /> building regulations and other regulations, policies, practices, and procedures of the jurisdiction <br /> to comply fully with the intent and purpose of applicable laws, including federal laws, in making <br /> a reasonable accommodation. <br /> Nothing in this Division shall require persons with disabilities or operators of homes for persons <br /> with disabilities acting or operating in accordance with applicable zoning or land use laws or <br /> practices to seek a reasonable accommodation under this Division. Nothing in this Division shall <br /> require the City of Fort Worth to agree to requested accommodations that are unreasonable. <br /> 17-108 Applicability <br /> a. The provisions of this Division apply to residential uses that will be used by persons with <br /> disabilities. <br /> b. The accommodation granted shall be considered personal to the individual(s) and shall <br /> not run with the land. If the structure is sold, or otherwise changes ownership, an <br /> accommodation granted to the previous owner is not transferable to the new owner. <br /> Notwithstanding, the accommodation shall be in force and effect as long as the person(s) <br /> or group of persons with disabilities for whom the accommodation was sought resides on <br /> the property that is the subject of the accommodation. It is the duty of the owner to notify <br /> the Director of this event. The city shall allow the new owner an opportunity to renew <br /> and/or modify a granted reasonable accommodation in accordance with this Division. In <br /> the event that the reasonable accommodation is not renewed or modified within sixty (60) <br /> days from the date of change in ownership, the accommodation will lapse and the <br /> structure will have to comply with all requirements of this Division. <br /> c. Nothing in this Division will require the City to expend any funds to achieve a reasonable <br /> accommodation except and to the extent required by state or federal law. <br /> Page 2 of 8 <br /> Chapter 17,Art. 3 Div.V: Reasonable Accommodation Ordinance No.22098-03-2016 <br />
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