A. Purpose. This section establishes procedures and standards for requests for reasonable accommodation due to disability.
B. Definitions. The following definitions shall apply to this section:
ADMINISTRATIVE HEARING OFFICER: | A hearing officer appointed pursuant to section 11-5-045 of this Code. |
ADMINISTRATOR: | The Farmington Zoning Administrator established in Chapter 11-4 of this Code. |
DISABILITY: | A physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such a problem or being regarded as having such an impairment. It does not include current illegal use of, and/or resulting addiction to, any federally controlled substance as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802, or as defined under Utah Code Ann. Title 58, Chapter 37, as amended. |
MAJOR LIFE ACTIVITIES: | Functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. |
PHYSICAL OR MENTAL IMPAIRMENT: | Includes the following: a. Any psychological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal; special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; b. Any mental or physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; or c. Diseases or conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus, drug addiction (other than addiction caused by current, illegal use of controlled substances), and alcoholism. |
REASONABLE ACCOMMODATION: | A change in any rule, policy, practice, or service that is necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling. |
C. An applicant who wishes to make a request for a reasonable accommodation from any requirement under this Title must provide the following to the Administrator, in writing:
1. The name, mailing address, and phone number or email of the applicant;
2. The nature and extent of the disability;
3. An exact statement of the ordinance or policy from which the applicant needs a reasonable accommodation;
4. The applicant's proposed reasonable accommodation;
5. A statement detailing why such reasonable accommodation is necessary;
6. The physical address of the property where the applicant requests the reasonable accommodation; and
7. Proof or a declaration that the applicant resides or reasonably intends to reside at the residence at the time of application, or that the entity will benefit residents who will benefit and qualify for reasonable accommodation.
D. The burden of production and persuasion rests upon the applicant to establish the existence of a disability and that the requested relief is a reasonable accommodation.
E. In determining whether an accommodation is reasonable, the Administrator determines whether the requested accommodation meets three main criteria:
1. Reasonableness. An accommodation is reasonable ifit will not undermine the legitimate purpose of existing zoning regulations notwithstanding the benefit that the accommodation will provide to a person with a disability.
2. Necessity. An accommodation must be necessary, meaning that but for the accommodation, one or more persons with a disability likely will be denied an equal opportunity to enjoy the housing of their choice.
3. Equal Opportunity. The accommodation achieves equal results as between a person with a disability and a nondisabled person.
4. In considering these three criteria, the Administrator shall consider the following facts, as applicable:
a. Applicable zoning ordinances;
b. Anticipated traffic, parking, and noise impact on the neighborhood if the accommodation is granted;
c. Whether the accommodation will be an undue burden or expense to the City;
d. The extent to which the accommodation will or will not benefit the applicant;
e. The extent to which the accommodation will or will not benefit the community;
f. Whether the accommodation fundamentally alters the citywide zoning ordinance and whether or not the accommodation would likely create a fundamental change in the character of a residential neighborhood;
g. Whether the applicant has demonstrated that the accommodation will affirmatively enhance the applicant's life or ameliorate the effects of the applicant's disability, or the lives or disabilities of those on whose behalf the applicant is applying;
h. Whether or not, without accommodation, similar housing is available in the city for the applicant or group of applicants;
i. The anticipated impact of the accommodation on the immediate neighborhood;
j. Any other requirements of applicable federal or state laws and regulations; and
k. Whether the applicant has submitted an incomplete application.
F. The Administrator shall render a written decision within thirty (30) calendar days after the application is received by the Administrator, and send a copy of that decision to the mailing address or email address provided by the applicant. An additional thirty (30) days are available if the Administrator determines that the request is complicated or requires more extensive study, or if the process was delayed by the applicant.
G. Appeal from the Administrator's decision may be made by an aggrieved person with standing to the Administrative Hearing Officer, within ten (10) business days after the decision is rendered. Notice of appeal is made by delivering a copy of the notice to the City Recorder.
H. The Administrative Hearing Officer hears the case de novo, applying the same standard and receiving testimony and evidence. The Administrative Hearing Officer shall render a written decision to the applicant within fifteen (15) days of the hearing. Appeals from the Administrative Hearing Officer's decision may be made by an aggrieved person with standing to the Second District Court of Utah, within thirty (30) calendar days of the decision. (Ord. 2023-7, 2-7-2023)