ORD 2026-12 Amending the City Code to Add Administrative Procedures for Reasonable Accommodation RequestsCITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO: 2026-12
ORDINANCE AMENDING THE CITY CODE TO ADD ADMINISTRATIVE PROCEDURES FOR REASONABLE
ACCOMMODATION REQUESTS
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Title 1 the City Code (Administration) is hereby amended to add the following chapter:
CHAPTER 11
REASONABLE ACCOMMODATION
SECTION:
1-11-1: Policy and Intent
1-11-2: Definitions
1-11-3: Criteria
1-11-4: Procedure
1-11-5: Noncompliance
1-11-1: POLICY AND INTENT: The city has authority and a legitimate interest to impose regulations,
policies, and procedures protecting the public health, safety, and welfare, including regulating the use of
land and housing within its boundaries, and to establish programs and services beneficial to its
community. It is the policy and intent of the city to ensure that persons with disabilities have a process by
which to seek reasonable accommodation when programs or services may not be equally accessible to
them or when the application of city regulations, policies, or procedures may not allow fair and equal
access to housing pursuant to the Americans with Disabilities Act and the Federal Fair Housing Act
including any amendments to such Acts.
1-11-2: DEFINITIONS: The following words, terms, and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DISABILITY: Those disabilities or handicaps which are recognized under the Americans with Disabilities Act
or the Federal Fair Housing Act, including amendments to such Acts, as applicable.
PERSON: An individual with a disability.
REASONABLE ACCOMMODATION: A waiver or modification to the city's regulations, policies, services
programs, or procedures, including zoning and housing regulations, that is reasonable and necessary
allow a person to have equal opportunity to use and enjoy housing and city programs and services without
fundamentally altering the nature of the city's regulations, policies, services, programs, or procedures or
otherwise imposing an undue financial or administrative burden on the city.
1-11-3: CRITERIA: The decision of the designated city staff to grant the accommodation, grant an
alternative reasonable accommodation, or deny the accommodation requested shall be based on the
following factors:
A. Whether there is a qualifying disability under the applicable federal law:
B. Whether the request is necessary to allow the person equal opportunity to use and enjoy a
dwelling or live in a particular residential neighborhood as individuals without disabilities, or to
allow a person equal access and use of city programs or services as individuals without disabilities,
as applicable;
C. Whether the request is reasonable in scope and nature consjderine:
1. Whether the request would constitute a fundamental alteration of the nature of a city's
regulations, policies, services, programs, or procedures applicable to the request,
including as to the request's impact on surrounding uses;
2. Whether the request would impose an undue financial or administration burden on the
cj
3. Any alternatives that may meet the need of the person without causing undue financial
or administrative burden on the city or a fundamental alteration of the city's regulations
policies, services, programs, or procedures applicable to the request: and
D. Any other information that may have bearing on the request, as determined by the city in
compliance with applicable law. Applicants may supplement their application with additional
information bearing on the request at any time before the city issues its written decision.
1-11-4: PROCEDURE:
A. Application:
1. A person or their authorized representative, or an organization, company, corporation,
or other legal entity providing or owning housing for the benefit of a person(s) may apply
for a reasonable accommodation on an application form provided by the city.
2. Application forms shall be submitted to the city clerk.
3. The application shall include a detailed explanation of the specific modification or waiver
sought and how that modification or waiver is both reasonable and necessary to provide
a person with a qualifying disability with equal access or use of city programs or services,
or fair and equal access to the specific housing available to the person, as applicable, and
should address the factors outlined section 1-11-3 of this Chapter.
4. If the request requires additional city reviews or approvals, the applicant shall file the
reasonable accommodation request concurrently with those other applications.
B. ON Review:
1. The City Clerk shall refer the application to the director ofthe appropriate city department
as the designated city staff for review and decision.
2. The designated city staff, in consultation with the city attorney, shall determine whether
an application is complete or if additional information is needed, contact the applicant
for such information before deeming such application complete.
3. Within sixty (60) days of receipt of a completed application, the designated city staff shall
mail to the applicant a decision granting the accommodation, granting an alternative
reasonable accommodation, or denying the accommodation requested.
C. Conditions:
1. A granted reasonable accommodation does not run with the land unless the city identifies
in its written decision that the accommodation would be physically integrated into the
residential structure such that it cannot be easily removed or altered.
2 If a future owner or occupant desires to keep a reasonable accommodation not running
with the land, they must apply to the city under part (a) of this section.
3. The city may also require in its written decision that the applicant record a covenant
agreeing to comply with certain conditions related to the factors for approval for a
reasonable accommodation granted with respect to the use of real property.
D. Written Decision. The decision of the designated city staff shall be in writing and include notice of
the right to appeal the decision pursuant to part (d) of this section. The decision shall be mailed
to the applicant and, if a zoning -related decision, mailed to all owners of property immediately
adjacent to the property that is the subject of the request.
1. An applicant or immediately adjacent property owner receiving notice of a reasonable
accommodation decision may appeal to the city council by submitting a written request
setting forth fully the grounds for appeal to the city clerk within ten (10_) days after the
decision is mailed to the aggrieved party.
2. The city council will hold a public hearing within sixty (60) days of receiving a written
request for appeal to reconsider the decision based on the factors outlined in section 1-
11-3 of this chapter.
3. The applicant and the appealing party may present testimony or evidence at this hearing.
4. The decision of the City Council regarding the request for appeal shall be in writing and
shall be mailed to the applicant and, if a zoning -related decision, mailed to all owners of
property immediately adjacent to the property that is the subject of the request.
5. All decisions made by the City Council regarding an appeal of a reasonable
accommodation request shall be final, except that any aggrieved person shall have the
right to appeal within thirty (30) days after delivery of the decision to the appellant, to
the District Court in Wright County. Any person seeking judicial review under this
ordinance must serve the City and all necessary parties, including any landowners. within
the thirty (30) day period defined above.
F. Fees. No fees shall be charged for an appljcation for a reasonable accommodation or an appeal
thereof.
1-11-5: NONCOMPLIANCE:
A. Enforcement. Failure to apply for a reasonable accommodation prior to initiating any use of
property that is in violation of city code does not preclude the city from taking any criminal or civil
action to enforce such violations of city code.
B. Revocation. The designated city staff may also at any time revoke or modify a granted reasonable
accommodation jf any of the conditions of such accommodation are violated.
C. Appeal. Revocation or modification of a granted reasonable accommodation is appealable within
ten (10) days after notice of revocation or modification as set forth section 1-11-4.E of this
chapter•
Section 2. This Ordinance shall become effective immediately upon its passage and publication.
(Remainder of page blank; signatures follow)
ADOPTED by the Otsego City Council this 241h day of August, 2026.
MOTION BY: Dunlap
SECONDED BY: Tanner
INFAVOR: Stockamp, Dunlap, Goede, Lund, and Tanner
OPPOSED: none
CITY OF OTSEGO
Jessica L. Stockamp, Mayo
ATTEST:
Audra Etzel, City Clerk
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