Reference no: EM133194138 , Length: 1 page

Question 1. Suppose a business will be in violation of the ADA if it doesn't install a ramp, in violation of a setback requirement. Is it entitled to a variance under this guidance? What if the business should have known about the problem before constructing its building? (In that case, the zoning authority is also implicated-it shouldn't have approved any buildings that would violate the ADA. See United States Dep't of Justice, Civil Rts. Div., ADA Standards for Accessible Design (2010).) What considerations might nonetheless justify denying the variance? What if the board argues that ramps are ugly and will decrease the value of the area? What if the board has safety concerns because the ramp will extend far enough to interfere with bicyclists? The rule that ADA requires reasonable modifications to zoning laws may mean that the standard requirement of exceptional and undue hardship to the property owner isn't applicable. But another element of the test, detriment to the overall value of the area, is relevant in determining whether a modification is reasonable.

Question 2. Variances usually preclude consideration of personal characteristics that aren't inherent in the land. Where the entity seeking a variance is a business, that question isn't particularly important-even if the business changes hands, the next owner will need a ramp to make the store accessible. But suppose zoning regulations require a particular elevation for residential beachfront property, in order to address concerns about danger from flooding. A property owner uses a wheelchair and wants a variance from the elevation requirement because otherwise he won't be able to get into his house. Does the ADA require the variance?

Question 3. Special exceptions and zoning amendments
There are a variety of other refinements or complications in the zoning process that provide flexibility. In theory, they should all have to conform to the general development plan or the plan itself should have to be changed; practice is somewhat more messy. This section provides only a brief introduction to the relevant concepts. A class in land use law or local government will provide substantially more detail.