(a) Purpose. It is the express intent of the city council to comply with the Federal Fair Housing Amendments Act of 1988, and to ensure that all handicapped persons have equal opportunity to use and enjoy a dwelling. This section allows a person to seek relief from the enforcement of any regulation contained in this chapter that would result in illegal discrimination against the handicapped.
(b) General provisions.
(1) The board of adjustment shall grant a special exception to any regulation in this chapter if, after a public hearing, the board finds that the exception is necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling. The term “handicapped person” means a person with a “handicap,” as that term is defined in the Federal Fair Housing Amendments Act of 1988, as amended.
(2) The board may impose reasonable conditions upon the granting of this special exception consistent with the purpose stated in this section.
(3) This section does not authorize the board to grant a change in the use of a building or structure. (Ord. 21183)