Establishing Reasonable Accommodation Policies & Procedures in Zoning & Land use Decisions

Home Browse Search

3. "Building Department' means the executive department established to perform administrative functions as set forth in South Bend Municipal Code § 2 -13.. 4. "City" means the City of South Bend, Indiana. 5. "Dwelling" means any building, or portion of a building which is designed or used primarily for residential purposes as further addressed in South Bend Municipal Code § 21- 17.02. 6. "FHA" means the federal Fair Housing Act, 42 United States Code § 3601 et seq. 7. "Major life activity" means any task central to a person's daily life, including but not limited to caring for oneself, performing manual tasks, walling, seeing, hearing, speaking, breathing, learning or working, as this phrase may be interpreted by applicable federal judicial decisions and federal regulations. 8. "Person with a disability" means any person who: a. Hasa physical or mental impairment that substantially limits one (1) or more major life activities; or b. Has a record of having such impairment; or c. Is regarded by others as having such impairment. 9. "Physical or mental impairment" includes but is not limited to orthopedic, visual, speech and hearing impairruents; cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, emotional illness, learning disabilities, HIV disease, tuberculosis, drug addiction (except illegal drugs) and alcoholism; and shall include changes hereafter as may be required by federal law. Short term, temporary health conditions shall not be included. 10. "Reasonable accommodation" means a modification or a waiver of zoning requirements, rules, policies or practices if the modification or waiver is reasonable and necessary to give a person with disabilities an equal opportunity to use and enjoy a dwelling. 11. In the definition of "reasonable accommodation ": a. "Necessary" means that without the accommodation, the person requesting the accommodation would not be able to live in the dwelling of his or her choice. b. "Reasonable" means that the accommodation will not create an undue financial or administrative burden for the City and will not fundamentally alter the land use and zoning plan of the City. 12. "Zoning Administrator" means the individual designated as having the responsibility for the interpretation and administration of the City's zoning ordinance as further addressed in South Bend Municipal Code § 21- 11.02.