A. Applicability: A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a regulation, policy, practice, or procedure in Title 14 acts as a barrier to fair housing opportunities.
B. Submittal Requirements:
1. The applicant must file a written application for a reasonable accommodations request with the Department of Neighborhood and Development services on application forms provided by the City.
2. Supporting materials must be submitted as specified on the application form or as requested by staff to allow a full review of the request.
3. If an individual needs assistance in making the request for reasonable accommodation, the City will assist to ensure that the process is accessible. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection unless otherwise required by law.
C. Approval Procedure:
1. Upon receipt of a complete application, staff will review said application for compliance with the following approval criteria:
a. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;
b. The requested accommodation is necessary to make housing available for the use and enjoyment of an individual with disabilities protected under the fair housing laws;
c. The requested accommodation would not impose an undue financial or administrative burden on the jurisdiction; and
d. The requested accommodation would not require a fundamental alteration in the nature of the City's zoning program.
2. Within thirty (30) working days of the date a complete application is submitted to the City, the Director of Neighborhood and Development Services will approve, approve with modifications agreed to by the applicant, or disapprove the application consistent with fair housing laws.
3. If the Director does not act within thirty (30) working days and the applicant does not agree to an extension of time, the application will be deemed approved.
4. The Director's findings on each application shall be set forth in a written decision, which will be filed in the respective property file in the Department of Neighborhood and Development services. A copy of said decision will be sent to the applicant at the time of filing. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below.
D. Appeals:
1. Within thirty (30) days of the date of the reviewing authority's written decision, an applicant may appeal an adverse decision to the Board of Adjustment. Appeals from the adverse decision shall be made in writing pursuant to the procedures in Section 14-8C-3, "Appeals".
2. If an individual needs assistance in filing an appeal on an adverse decision, the City will assist to ensure that the appeals process is accessible. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection unless otherwise required by law.
3. In deciding such appeal, the Board of Adjustment shall consider the approval criteria in Section 14-8B-11C-1.
4. In exercising the above mentioned powers, the Board of Adjustment may, in conformity with the provisions of this article or ordinances adopted pursuant thereto, affirm, or upon finding error, reverse or modify, wholly or partly, the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the Director.
5. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available. (Ord. 23-4914, 11-6-2023)