ADA Frequently Asked Questions
Category: General
Question: #12
Can people with disabilities request a modification to zoning laws or other local ordinances?
Answer:
Yes. People with disabilities may request modifications to zoning laws or other local ordinances that have an adverse impact on people with disabilities and/or limit a qualified person’s equal access to local government programs, services or activities based on disability. Programs, services and activities can include things like public infrastructure, land usage, etc.
It may not always be reasonable to modify a law or ordinance. The ADA requires an individualized analysis to determine if a modification is necessary to avoid discrimination, if the request would result in a fundamental alteration and/or if it would result in a direct threat to health or safety. Local governments are also expected to consider reasonable alternatives when a particular request would result in a fundamental alteration or a direct threat.
Common examples of local ordinances which can lead to discrimination include:
In addition to making modifications upon request, cities and local municipalities should consider updating modification processes and local laws, where reasonable, to proactively address discrimination and meet the disability-related needs of their community.
Resource(s):
It may not always be reasonable to modify a law or ordinance. The ADA requires an individualized analysis to determine if a modification is necessary to avoid discrimination, if the request would result in a fundamental alteration and/or if it would result in a direct threat to health or safety. Local governments are also expected to consider reasonable alternatives when a particular request would result in a fundamental alteration or a direct threat.
Common examples of local ordinances which can lead to discrimination include:
- Set-Back Minimums: City zoning ordinances may require a minimum distance, or “set-back”, between a business and the curb (e.g. 12 feet). This can limit the business owner’s ability to install ADA-compliant ramps without a variance from the municipality
- Animal Ordinances: Local animal ordinances may dictate the species or number of animals a person can legally own and where they can take them (e.g. a local ordinance may ban animals from entering healthcare clinics). In some instances, these ordinances impact the use of trained service animals or people with disabilities who keep animals at home for emotional support.
- Definitions of Family: Local zoning and land use laws may limit the amount of people who can be considered a “family” and restrict larger groups of people from living in certain areas zoned as “single family neighborhoods.” This can impact the availability of group homes for people with disabilities who wish to live in a community setting. Community integration and reasonable modification are key parts of the ADA, but the Fair Housing Act (FHA) also provides protections against discriminatory zoning and land use laws that impact housing
In addition to making modifications upon request, cities and local municipalities should consider updating modification processes and local laws, where reasonable, to proactively address discrimination and meet the disability-related needs of their community.
Resource(s):
