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

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i. All appeals must contain a statement of the grounds of the appeal. Any information related to a disability status and identified by the applicant as confidential shall be retained in a manner so as to respect the privacy of the rights of the applicant. ii. No fees shall be charged by the Area Board of Zoning Appeals for review of reasonable accommodation decisions, iii. The Area Board of Zoning Appeals shall hold a public hearing on the appeal within forty -five (45) days of receipt of an appeal or at the next regular ABZA meeting whichever occurs first. Their decision shall be final with their written decision being mailed to the appealing party within five (5) days of the appeal hearing. Written decisions of the Area Board of Zoning Appeals shall include the factual basis for their decision by addressing the issues identified in Section 2 below entitled "Evaluating a Request for a Reasonable Accommodation ". iv. The above appeal process is not an exclusive remedy, and nothing in the appeal procedure shall preclude an aggrieved individual from seeking any other remedies in a court of competent jurisdiction or federal remedies as provided by law and which are further addressed in Attachment It S. 2. Evaluating a Request for a Reasonable Accommodation. a. In making determinations of reasonable accommodation, the Zoning Administrator and the Area Board of Zoning Appeals shall consider and make findings as to the evidence provided by the person requesting a reasonable accommodation of each of the following items: i. Whether the person or persons who are requesting to live in the dwelling are persons with disabilities; ii. Whether the accommodation is necessary, as further addressed in 15 below; and iii. Whether the accommodation is reasonable, as further addressed in ¶ 6 below. b. In order to review a request for a reasonable accommodation, Attachment # 1 must be completed and filed by the person requesting an accommodation. c. In order to deny a request for a reasonable accommodation, the Zoning Administrator is required to complete and send Attachment # 5 to the person requesting a reasonable accommodation 3. Making the Process Accessible. a. To make sure that the process for requesting a reasonable accommodation is accessible, the Building Department shall help any person who needs assistance during the process of requesting an accommodation. For example, if a person wishing to file a request is unable to read or complete the application form (Attachment # 1), the Building Department shall help the person to provide the required information on the form so that the application may be filed.