![]() at 5.Ī number of our sister circuits have held "that in enacting the anti-discrimination provisions of the FHAA, Congress relied on the standard of reasonable accommodation developed under section 504 of the Rehabilitation Act of 1973, codified at 29 U.S.C. ![]() Moreover, the nursing home would, in the district court's view, be inconsistent with the residential character of the R-R-2 zone and would not adequately "service the immediate surrounding community." Id. In so holding, the court relied upon the fact that Brick Township permitted the construction of nursing homes in another area of the Township. ![]() The district court opined that § 3604(f)(3)(B) does not require municipalities "to disregard their own zoning requirements in order to provide sufficient opportunities and accommodations for the disabled." Hovsons, No. Furthermore, the district court held that Brick Township was not in violation of the "reasonable accommodations" provision of the FHAA. ![]() The court rejected Hovsons' disparate impact argument, reasoning that Hovsons had failed to establish that handicapped persons were more adversely impacted by the zoning ordinance than people without disabilities. On August 16, 1995, the district court issued its findings of fact and conclusions of law. In the R-R-2 zone, Brick Township permits the following land uses as of right and without conditions: (1) customary and conventional farming activities (2) one-family dwellings (3) public schools and accredited private schools (4) municipal parks, playgrounds and other municipally owned facilities and (5) planned residential retirement communities.Ī one-day bench trial was held on July 12, 1995. The district court found that the R-R-2 zone is "primarily, although not exclusively, for residential use," and that this region was zoned by community planners with the intention of "minimiz traffic" and bringing about an environment that was both "quiet" and "seclu." Hovsons, Inc. Hovsons has proposed to construct Holiday Village in Brick Township's R-R-2 or "Rural Residential-Adult Community Zone." Id. ![]() Nursing homes are excluded from all fifteen residential zones. Brick Township is divided into a total of twenty-three zoning districts comprised of fifteen residential zones, seven business/office zones and one hospital support zone. ![]()
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