(A) The Board of Adjustment is authorized to grant reasonable accommodations under the Federal Fair Housing Act being 42 U.S.C. §§ 3601 et seq., Americans with Disabilities Act being 42 U.S.C. §§ 12101 et seq., and Rehabilitation Act being 29 U.S.C. §§ 701 et seq. under the circumstances set forth in this section.
(B) An application for a reasonable accommodation may be filed only by the owner of the land affected by the reasonable accommodation; an agent, lessee, or contract purchaser specifically authorized by the owner to file such application; or any unit of governments that is not the owner of the lot but proposes to acquire the lot by purchase, gift, or condemnation.
(C) An application for a reasonable accommodation shall be filed with the Zoning Administrator and contain:
(1) The applicant’s contact information (name, mailing address, telephone number, fax number, and email address);
(2) The contact information for the owner(s) of the property (if different from the applicant);
(3) The address of the property at which the reasonable accommodation is requested;
(4) A description of the reasonable accommodation requested;
(5) A statement explaining how and why the request meets the standards for a reasonable accommodation (see division (F) below); and
(6) The notarized signature of the applicant and property owner(s) (if different from the applicant). No filing fee shall be required for the application.
(D) The Board shall hold a quasi-judicial hearing on the proposed reasonable accommodation and shall decide the request upon a majority vote of the members.
(E) The quasi-judicial hearing shall be noticed in accordance with the requirements set forth in state law for the adequate notice of variances from municipal governments land use ordinances.
(F) The Board shall grant a reasonable accommodation to any provision of the land use ordinance if the Board finds that the applicant has carried its burden of proof, by the greater weight of the evidence, that the proposed reasonable accommodation is both reasonable and necessary, in accordance with the following.
(1) Reasonable. An accommodation will be determined to be reasonable if it would not undermine the legitimate purposes and effects of existing zoning regulations, and if it will not impose significant financial and administrative burdens upon the municipality and/or constitute a substantial or fundamental alteration of the municipality’s land use ordinance provisions.
(2) Necessary. An accommodation will be determined to be necessary if it would provide direct or meaningful therapeutic amelioration of the effects of the particular disability or handicap and would afford disabled or handicapped persons equal opportunity to enjoy and use housing in residential districts in the municipality.
(G) After the Board approves a reasonable accommodation, the applicant shall follow all applicable land use ordinance procedures and regulations for the approval of any permits, certificates, or other approvals required in order to proceed with development or use of the property. All orders, decisions, determinations, and interpretations made by administrative officers under those procedures shall be consistent with the reasonable accommodation granted by the Board.
(Prior Code, Ch. 1 Art. XII § 1217) (Ord. 2018-1, passed 11-13-2018)