(A) Application. If a handicapped person believes a requirement of the zoning code prevents him from enjoying the same opportunities for housing as other persons who are not handicapped, the owner shall submit to the Zoning Administrator a written request for accommodation and the reasons why the accommodation is required. The written request shall contain sufficient facts to allow the Zoning Administrator to make an individualized determination of the person's needs, to address the town's safety and welfare concerns, and to assure compliance with this section.
(B) Zoning Administrator determination. The Zoning Administrator shall review the written request and determine:
(1) Whether an accommodation should be made pursuant to the requirements of the federal and state fair housing laws; and
(2) If so, the nature of the accommodation.
(C) Factors to be considered. In making a decision, the Zoning Administrator shall consider the requirements of the federal and state fair housing laws, the Americans with Disabilities Act, public safety and welfare concerns, and the residential character of the neighborhood. To show that a requested accommodation may be necessary, there must be an identifiable relationship, or nexus, between the requested accommodation and the individual's disability.
(D) Extent of accommodation. The accommodation shall be made only to the extent necessary to comply with the federal and state fair housing laws and the Americans with Disabilities Act.
(Ord. 16-123, passed 1-19-2016)