§ 42-46.1. Reasonable accommodation.
(a)
Purpose . This section implements the policy of the city regarding requests for reasonable accommodation to its ordinances, zoning and land development regulations, rules, policies, and procedures for persons with disabilities to use and enjoy housing, as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.) ("ADA"). For purposes of this section, a "disabled" individual or person is an individual who qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the city's ordinance, zoning and land development regulations, rules, policies, practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section.
(b)
Accommodation request form . A request by an applicant for reasonable accommodation under this section shall be made in writing by completion of a reasonable accommodation request form. The accommodation request shall be in accordance with the form prescribed by the development services director, and may be obtained from the development services department. A written power of attorney authorizing a person other than the property owner to sign an application must accompany the application. The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request.
(c)
Additional information . If reasonably necessary to reach a determination on the request for reasonable accommodation, the city may request additional information from the applicant, specifying in sufficient detail what information is required. The applicant shall have 15 days after the date of the request for additional information to provide the requested information. If the requesting party fails to provide the requested additional information within the 15-day period, the request for reasonable accommodation shall be deemed abandoned and/or withdrawn. The development services director shall advise the applicant in writing that the applicant failed to timely submit the additional information and that the request for reasonable accommodation has been deemed abandoned or withdrawn, and no further action will be taken by the city.
(d)
Administrative authority—ZLDR . The director of development services shall have the authority to take any of the following actions in order to provide reasonable accommodations regarding the zoning and land development regulations without the need for a public hearing:
(1)
Modify any numerical standard for set-backs, lot coverage or landscaping by no more than ten percent;
(2)
Modify any off-street parking requirement by no more than two spaces;
(3)
Permit the paving of one off-street parking space in a front or side setback area, provided that reasonable landscaping is provided to screen the view of vehicles parked in such paved area from adjacent properties.
(4)
Permit an increase in the occupancy limit of a residence to allow up to four residents per sanitary toilet/bathroom.
The director of development services may, as authorized above, approve a type of reasonable accommodation different from that requested by the applicant if the director concludes that a different form of accommodation would satisfy the requirements of the FHA and ADA with fewer impacts on adjacent areas, less cost to the city, fewer administrative burdens, or less impact on the fundamental principles of the zoning and land development regulations.
(e)
Written determination . The director of development services shall issue a written determination after receipt and review of a completed application requesting an accommodation for which the director has authority to grant under this subsection. Any denial shall state the grounds therefor and give notice of the right to appeal. The written determination shall be sent to the applicant and shall be deemed to be given when deposited in the U.S. mail.
(f)
Public hearing . Requests for types of accommodation from the zoning and land development regulations not addressed in subsection (d) above may be considered by the zoning board of appeals, after notice and public hearing to receive comments, input and information from the public. Such public hearing shall be held within 60 days of receipt of a completed application. The zoning board of appeals may, in accordance with federal law: (i) grant the accommodation request; (ii) grant a portion of the request and deny a portion of the request and/or impose conditions upon the grant of the request; or (iii) deny the request, in accordance with federal law. Any such denial shall be in writing, shall state the grounds for the denial, and shall give notice of the right to appeal.
(g)
Other requests . Requests for accommodation from ordinances, regulations or policies other than the zoning and land development regulations shall be reviewed by the city administrator. The city administrator shall have the authority to provide reasonable accommodations regarding city policies without the need for a public hearing. Such accommodation shall be in writing. Requests for accommodations from other ordinances or code provisions shall be considered at a public hearing by the city board most appropriate to address such request, as determined by the city administrator. Such public hearing shall be noticed and held within 60 days of receipt of a completed application. The board may, in accordance with federal law: (i) grant the accommodation request; (ii) grant a portion of the request and deny a portion of the request and/or impose conditions upon the grant of the request; or (iii) deny the request, in accordance with federal law. Any such denial shall be in writing, shall state the grounds for the denial, and shall give notice of the right to appeal.
(h)
Standards for accommodation . In determining whether the reasonable accommodation request shall be granted or denied, the applicant shall be required to establish the following:
(1)
That the applicant is protected under the FHA and/or ADA by demonstrating that they are handicapped or disabled, as defined in the FHA and/or ADA. For purposes of this section the disabled individual must show:
a.
A physical or mental impairment which substantially limits one or more major life activities;
b.
A record of having such impairment; or
c.
That they are regarded as having such impairment; and
(2)
That the proposed accommodations being sought are reasonable and necessary to afford handicapped/disabled persons equal opportunity to use and enjoy housing.
a.
Appeals . Within 30 days after denial of the request for reasonable accommodation, such applicant may appeal the decision. All appeals shall include a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the city commission who shall, after public notice and a public hearing, render a determination as soon as reasonably practicable, but in no event later than 60 days after an appeal has been filed.
(j)
Fees . There shall be no fee imposed by the city in connection with a request for reasonable accommodation under this section or an appeal of a determination on such request. The city shall have no obligation to pay an applicant's (or an appealing party's, as applicable) attorneys' fees or costs in connection with the request, or an appeal.
(k)
Stay of enforcement . While an application for reasonable accommodation, or appeal of a determination of same, is pending before the city, the city will not enforce the subject ordinance, rules, policies, or procedures against the applicant.
(l)
Expiration of approvals . Approvals of reasonable accommodations shall expire 180 days from the date of such approval if not implemented.
(m)
Representation . A disabled individual may apply for a reasonable accommodation on his/her own behalf or may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual.
(n)
Confidentiality . Should the information provided by the disabled individual to the city include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual(s), such individual(s) may, at the time of submitting such medical information, request that the city, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The city shall thereafter endeavor to provide written notice to the disabled individual(s), and/or their representative(s), of any request received by the city for disclosure of the medical information or documentation which the disabled individual(s) has previously requested be treated as confidential by the city. The city will cooperate with the disabled individual(s), to the extent allowed by law, in actions initiated by such individual(s) to oppose the disclosure of such medical information or documentation, but the city shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal or other expenses (whether by retention of outside counselor allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the disabled individual(s).
(o)
Accessible process . The city shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's request for reasonable accommodation, including, without limitation, assistance with reading application questions, responding to questions, completing the form, filing an appeal, and appearing at a hearing etc. to ensure the process is accessible.
(Ord. No. 4642-16, § 1, 7-18-2016)