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Establishing Reasonable Accommodation Policies & Procedures in Zoning & Land use Decisions
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Establishing Reasonable Accommodation Policies & Procedures in Zoning & Land use Decisions
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3/16/2015 10:26:03 AM
Creation date
2/13/2015 8:58:12 AM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
1/26/2014
Ord-Res Number
4418-15
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b. Pursuant to Title 28, § 35.160 of the Code of Federal Regulations, the City is required to "furnish <br />appropriate auxiliary aids and services where necessary to afford an individual with .a. disability an <br />equal opportunity" to make a request for a reasonable accommodation. For example, a person <br />wishing to file a request may request that written documents be provided in alternative formats <br />such as large print or by alternate means such as verbal communication, or in other languages. <br />4. ObtainineMore Information From A Person Reouestine a Reasonable Accommodation. <br />a. If the Zoning Administrator needs more information to evaluate a request for a reasonable <br />accommodation, he or she may require the applicant to supply additional information. <br />b. To obtain additional information, the Zoning Administrator may: <br />i. Request the person(s) who are requesting to live in the dwelling are persons with disabilities <br />for additional information by asking such applicant(s) to complete Attachment # 2; <br />ii. Meet with the applicant in person or by telephone or an equally effective means of <br />communication; or <br />iii. Inspect the dwelling that is subject to the request to ensure that granting the request will not <br />violate the minimum space and maximum occupancy requirements which are applied to <br />similarly sized single - family dwellings, using Attachment # 3 to arrange such inspection. <br />c. The Zoning Administrator may verify the applicant's disability status using the application form <br />(Attachment # 1), however may not request the Applicant's medical records of any specific <br />information about the nature or severity of the applicant's medical condition. <br />5. Guidelines for Determining "Necessity. <br />a. The accommodation is necessary if, without the accommodation, the person with a disability <br />would not have an "equal opportunity" to live in the dwelling of his or her choice. <br />b. A person would not have an "equal opportunity" to live in a dwelling if, without the reasonable <br />accommodation: <br />i. The person seeking the reasonable accommodation would be excluded from that dwelling. <br />6. Guidelines for Determining "Reasonableness ". <br />a. An accommodation is "reasonable" if it: <br />i. Does not create an undue financial or administrative burden for the City; and <br />
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