(A) Upon receiving the report from the Reviewing Authority or upon failure of the Reviewing Authority to timely submit its report, the City Council after public hearing shall take final action upon the application and may grant, grant with modifications, or deny the request for reasonable accommodation consistent with the Acts and based upon the following findings:
(1) Whether the housing which is the subject of the request will be used by an individual or a group of individuals considered disabled or handicapped under the Acts.
(2) Whether the accommodation requested is financially, therapeutically, or otherwise necessary to make specific housing available to the individual or group of individuals with a disability or handicap under the Acts.
(3) Whether there are alternative reasonable accommodations available that would provide an equivalent level of benefit.
(4) Whether alternative accommodations would be suitable based on the circumstances of this particular case.
(5) If applicable, whether the requested reasonable accommodation would be consistent with the Comprehensive Plan land use designation of the property which is the subject of the reasonable accommodation request, and with the general purpose and intent of the zoning district in which the use is located.
(6) Whether the requested reasonable accommodation substantially affects the physical attributes of the property.
(7) Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.
(8) Whether the requested reasonable accommodation would require a fundamental alteration to the zoning, building, fire, or safety codes of the city.
(B) In granting a request for reasonable accommodation, the city may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would be consistent with the Acts and the findings required above.
(Ord. 2336, passed 12-26-19)