The following cases involve conditional use permits in the context of land use law and disability:
Conditional Use Permits
Sharpvisions, Inc. v. Borough of Plum, 475 F. Supp.2d. 514 (W.D. Pa. 2007).
Tags
- Conditional Use Permit
- Disparate Treatment
- FHA
Story
Plum Borough, Pennsylvania subjected Sharpvisions, Inc., the operator of residential homes for disabled persons, to disparate treatment in violation of Fair Housing Act (FHA). The borough decided the home was a “group home,” under its zoning code, and it required Sharpvisions to seek a conditional use permit. While only one resident lived in the home and the home satisfied all the elements of a “family” home as set forth in borough ordinance, the borough used the staff who cared for the resident as a proxy for disparate treatment. Further, the borough stated the presence of staff required treating the home differently from a family residence.
Holding/Reasoning
However, the court held the presence of staff did not require different treatment and that because the borough zoning board’s failure to consider the home a “family” property, they failed to provide a reasonable accommodation. The accommodation was also necessary to provide the home’s occupant with the same or equal opportunities as individuals without disabilities. Nor did the accommodation impose an undue financial and administrative burden on the borough, or require a fundamental alteration in nature of zoning scheme. In fact, the Borough did not provide any evidence to show the accommodation was not reasonable.