The Act does not provide a blanket waiver of all zoning rules for persons who claim a disability. The BZA and the Zoning Department shall consider the following criteria when deciding whether a requested accommodation is reasonable:
(a) Is the housing, which is the subject of the request for reasonable accommodation, to be used by an individual protected under the Act?
(b) Is the request for accommodation necessary to make specific housing available to an individual protected under the Act?
(c) Is the zoning requirement unduly burdensome to an individual protected under the Act?
(d) Whether the requested accommodation would impose an undue financial or administrative burden on the Village?
(e) Whether the requested accommodation would require a fundamental alteration in the nature of the Village Zoning Ordinance or undermine the basic purpose of the zoning requirement?
(f) Does the requested accommodation affect the health, safety, and welfare of a neighboring property or present a direct threat to other neighboring property owners?
(Ord. 4097. Passed 6-14-23.)