If an owner of a Group Residential Home believes any requirement of this Article prevents the lawful establishment of a Group Residential Home, the owner shall submit to the City a written request for accommodation and the reasons why the accommodation is required. The written request shall contain sufficient facts to allow the City to make a determination whether an accommodation should be made pursuant to the requirements of the Fair Housing Act, Americans with Disabilities Act (ADA) or any other applicable federal or state law; and if so, the nature and extent of the accommodation taking into consideration the requirements of the law and the public health, safety and welfare. The City shall issue an administrative decision upon any such request within thirty (30) days of the date thereof, and the decision shall be made public. Any such owner of a prospective Group Residential Home or any resident of the City who can establish a direct impact from any such decision shall have the right to appeal the administrative decision to the Board of Zoning Appeals of the City of Vienna, which shall conduct a public hearing as provided by law and issue a ruling affirming or denying the appeal. Any decision of the Board of Zoning Appeals may be appealed to the Circuit Court of Wood County by the filing of a Petition for Writ of Certiorari within thirty (30) calendar days of the issuance of the final decision.
(Ord. 02-2022. Passed 6-23-22.)