A. Purpose. This section provides a procedure for reasonable accommodation of eligible persons in cases where the strict application of the standards of this Ordinance would deprive them of their right to equal opportunity to use a dwelling under the federal Fair Housing Act.
B. Applicability.
1. For the purposes of this section, an eligible person is a person who meets the definition of a disabled or handicapped person under federal law.
2. A person recovering from substance abuse is considered a person with a disability or handicap provided they are not currently engaging in the illegal use of controlled substances.
C. Reasonable Accommodation Procedure. The reasonable accommodation procedure is described in Figure 2.2.16, Reasonable Accommodation Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
D. Application.
1. An application for reasonable accommodation may be made by any of the following:
a. A person with a disability or handicap, or their legal representative; or
b. A provider of housing for persons with disabilities or handicaps.
2. An application for reasonable accommodation shall also include the following:
a. The basis for the claim that the applicant or persons receiving services from the applicant is considered disabled or handicapped under federal law;
b. The Ordinance provision from which the reasonable accommodation is being requested; and
c. An explanation of why the reasonable accommodation is necessary to make specific land or development available for the applicant.
E. Review and Decision by the Board of Adjustment.
1. The BOA, at the conclusion of a quasi-judicial public hearing, shall decide the application for the reasonable accommodation.
2. The decision shall be based on the competent, material, and substantial evidence, as supplemented by arguments presented at the quasi-judicial hearing, and the standards in Section 2.2.16.F, Reasonable Accommodation Review Standards.
3. The decision shall be one of the following:
a. Approval of the reasonable accommodation application as proposed;
b. Approval of the reasonable accommodation application with revisions; or
c. Denial of the application.
4. Each decision shall be made in writing and reflect the BOA's determination of contested facts and their application to the standards in this Ordinance.
5. The written decision shall be signed by the Chair or other duly authorized member of the BOA.
6. The decision of the BOA shall be effective upon the filing of the written decision in the offices of the Planning Department.
F. Reasonable Accommodation Review Standards.
1. A reasonable accommodation application shall be approved on a finding the proposed accommodation:
a. Will be used by an individual or individuals with a disability or handicap protected under federal law;
b. Is the minimum needed to provide accommodation; and
c. Is reasonable and necessary.
2. For the purposes of this section, an accommodation is reasonable if it would not undermine the legitimate purposes of this Ordinance, it does not constitute a substantial alteration of this Ordinance or other Town standard, and it will not impose significant financial and administrative burden upon the Town.
3. For the purposes of this section, an accommodation is necessary if it would provide direct or meaningful improvement of the effects of the particular disability or handicap, and would afford handicapped or disabled persons equal opportunity to use housing in the Town.
G. Effect. A reasonable accommodation shall not affect an applicant's obligation to comply with other applicable standards in this Ordinance that are not the subject of the reasonable accommodation application.
H. Amendment. Amendment of an application for reasonable accommodation may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
I. Expiration. Approval of a reasonable accommodation shall describe the conditions or events that would terminate the reasonable accommodation or cause it to expire.
J. Appeal. Appeal of a decision on a reasonable accommodation request shall be reviewed and decided by the BOA in the nature of certiorari and in accordance with Section 2.2.3, Appeal.
(Ord. 2020-36, passed 12-2-2019)