The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:
(A) Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with a recognized disability as defined herein and protected under fair housing laws.
(B) Whether the requested accommodation is necessary to make housing available to an individual with a recognized disability protected under the fair housing laws.
(C) Whether the requested accommodation would impose an undue financial or administrative burden on the city.
(D) Whether the requested accommodation would require a fundamental alteration in the nature of the city’s land use or zoning regulations, building codes, or related programs adopted by the city, including but not limited to Section 404.4, “Bedroom and living room requirements,” and Section 404.5, “Overcrowding,” of the International Property Maintenance Code.
* (E) The requested accommodation will not result in a direct threat to the health, safety or welfare of other individuals or cause physical damage to the property of others.
(F) Whether the requested accommodation is necessary to make facilities of a similar nature economically viable in light of the particularities of the relevant market and market participants.
(G) Whether the existing supply of facilities of a similar nature and operation in the community is already sufficient to provide individuals with a recognized disability an equal opportunity to live in a residential setting.
(H) The city shall consider the following factors upon any request for accommodation:
(1) Whether the requested accommodation would fundamentally alter the character of the neighborhood;
(2) Whether the requested accommodation would result in a substantial increase in traffic or congestion in the neighborhood, create insufficient on-street parking, or increase noise in the neighborhood;
(3) Whether granting the requested accommodation would substantially undermine any express purpose of the city’s Comprehensive Plan; and
(4) Whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.
(Ord. 2022-7, passed 5-3-22)