(a) The procedure used by the Village to review a request for reasonable accommodation is dependent on the type of accommodation requested: variance, conditional use, or appeal of a zoning violation citation. The Zoning Inspector will assist applicants for a reasonable accommodation to determine which procedure to follow.
(1) Variance.
A. A request for a reasonable accommodation may require a variance, which can be granted only by the BZA.
B. If a request for a reasonable accommodation will require the granting of a variance, the Applicant shall submit an application to the Village Zoning Department. The application will be reviewed by the Village Zoning Inspector.
C. The Zoning Department will forward the application for a variance to the BZA along with the Department's recommendation, which will include the applicability of the Act.
D. The BZA will schedule a hearing, in accordance with Section 1125.02(b). The Applicant will be given at least ten (10) days notice prior to the date of the hearing.
E. A written decision that includes Findings of Fact and Conclusion of Laws will be given to the Applicant within thirty (30) days after the final hearing. An appeal of the decision may to Mahoning County Common Pleas Court.
F. The Findings of Fact and Conclusions of Law will take into consideration the reasonable accommodation request consistent with the Fair Housing Amendments Act and 24 C.F.R. §100.204 and with Ohio's laws against discrimination Ohio R.C. 4112.02 as applicable to "housing providers" engaged in housing related transactions.
(2) Conditional Use.
A. A request for a reasonable accommodation may require a conditional use, which can be granted only by the BZA.
B. If a request for a reasonable accommodation will require a conditional use, the Applicant shall submit an application to the Village Zoning Department. The application will be reviewed by the Village Zoning Inspector.
C. The Zoning Inspector will forward the application for a conditional use to the BZA along with the Zoning Inspector's recommendation, which will include the applicability of the Act.
D. The BZA will schedule a hearing, in accordance with Section 1125.02(b). The Applicant will be given at least ten (10) days notice prior to the date of the hearing.
E. A written decision that includes Findings of Fact and Conclusion of Laws will be given to the Applicant within thirty (30) days after the final hearing. An appeal of the decision may to Mahoning County Common Pleas Court.
F. The Findings of Fact and Conclusions of Law will take into consideration the reasonable accommodation request consistent with the Fair Housing Amendments Act and 24 C.F.R. §100.204. and with Ohio's laws against discrimination Ohio R.C. 4112.02 as applicable to "housing providers" engaged in housing related transactions.
(3) Some requests cannot be accommodated by a variance or conditional use. This may include, for example, request related to zoning violations or appeals of those violations. Under Ohio law, the BZA may not have explicit authority to review these requests involving the Resolution requirements. But you may still be entitled to a reasonable accommodation of these zoning requirements.
A. Submit your request for a reasonable accommodation to the Zoning Department.
B. You will be notified in writing within a reasonable time of the zoning department's decision.
C. A denial of a request for a reasonable accommodation (zoning violation) may be appealed to the BZA.
(4) Accommodations regarding these processes. Due to a disability, some persons may face difficulties in attending a hearing or taking other actions that may be normally used in the processes described above. As an example, this may include, but is not limited to, an individual with a disability that makes it difficult for them to present personal information and evidence about their disability in a public forum. In that circumstance, the individual may submit a request for a reasonable accommodation of these zoning requirements.
A. Submit your request for a reasonable accommodation to the Zoning Department.
B. You will be notified in writing within a reasonable time of the zoning department's decision.
C. A denial of a request for a reasonable accommodation (zoning violation) may be appealed to the BZA.
(b) If necessary to reach a decision on the request for reasonable accommodation, the Zoning Department or the BZA may request further information from the applicant consistent with the Act, specifying in detail what information is required. Such requests for further information should be done promptly so as not to delay the processing of the reasonable accommodation request. The interactive process and verifications are also explained further below in this policy.
(Ord. 4097. Passed 6-14-23.)