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

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1. Reviewing Authority and Summary of Process. a. Requests for reasonable accommodation shall be received and reviewed by the Zoning Administrator. b. The Zoning Administrator shall have the following additional authority: i. To conduct an ongoing review of the application of Building Department rules, policies, practices or procedures and their compliance with federal laws referenced herein; ii. To consult on a regular basis with the Area Plan Commission Executive Director: the results of such ongoing reviews so that zoning and land use best practices are utilized and are consistent with federal laws referenced herein; ill. To provide advisory recommendations to the Common Council's Zoning and Annexation Committee. c. The Zoning Administrator shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the City's Reasonable Accommodation Policies and Procedures in Zoning and Land Use Decisions. d. In the event that the Zoning Administrator finds it necessary to request additional information from the applicant, the thirty (30) day period to issue a decision is stayed for a period of up to fifteen (15) days after the applicant fully responds to the request, or thirty (30) days from receipt of the application, whichever is later. e. In granting a request for reasonable accommodation, the Zoning Administrator may impose conditions of approval which are deemed necessary and reasonable to ensure that the reasonable accommodation(s) would comply with the findings. For example, conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are not necessary to provide access to the dwelling unit. f. While a request for tt reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. g. Within fifteen (15) days of the date of the Zoning Administrator's written decision, an individual may appeal an adverse decision. Appeals from the adverse decision shall be made in writing and submitted to the Area Board of Zoning Appeals for de nove review in the same manner as for other appeals.' l Indiana Code § 36.7 -4 -918.1 gives the area board of zoning appeals the authority to `.,.hear and determine appeals from and review any order, requirement, . decision, or determination made by an administrative official, hearing officer, or staff under the zoning ordinance..."