(A) The Community Development Director shall have the authority to consider and act on requests for reasonable accommodation. The Director may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. The determination shall be made in writing. The determination shall be based on the ability to make the required findings as set forth below.
(B) Rather than act on a request for reasonable accommodation, the Community Development Director may refer the application to the Planning Commission for consideration. The Planning Commission may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. If the matter is referred to the Planning Commission, notice for a public hearing shall be given as required by § 153.264 of this code. The determination shall be based on the ability to make the required findings as set forth below.
(C) Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The determination shall be based on the ability to make the required findings as set forth below.
(Ord. 590-C.S., passed 3-1-11)