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

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City of South Bend, Indiana Reasonable Accommodations Policies and Procedures in Zoning and Land Use Decisions Introduction. The City of South Bend, Indiana, acknowledges that it has an affirmative duty to. make reasonable accommodations in its land use and zoning regulations and practices so that persons with disabilities have an equal opportunity to live in dwellings of their choice. The failure to offer reasonable accommodations may be a violation of the federal American with Disabilities Act, 42 United States Code § § 12102 et seq., and the federal Fair Housing Act, 42 United States Code §§ 3601, et seq. The following policies and procedures explain the process and the standards used by the City of South Bend, Indiana, in order to provide reasonable accommodations to individuals with disabilities. These policies and procedures are intended as guidelines to assist the City officials when providing reasonable accommodations; as well as providing information to persons who request reasonable accommodations and to all members of the public. These policies and procedures may be revised, supplemented and updated consistent with all applicable federal laws. There shall be no application fee required to request a reasonable accommodation under the City's Reasonable Accommodations Policies and Procedures. Any information related to a disability status and identified by a person requesting a reasonable accommodation as confidential shall be retained in a manner so as to respect the privacy rights of such individual making the request. The City of South Bend, Indiana, shall post on the City's website at www.southbendin.gov its Reasonable Accommodations Policies and Procedures in Zoning and Land Use Decisions and make these policies and procedures available to the public at the Office ofthe City Clerk, the Building Department, the offices of the Area Plan Commission, and the Human Rights Commission. Definitions. For purposes of these Reasonable Accommodations Policies and Procedures: 1. "ADA" means Title II of the federal Americans with Disabilities Act, 42 United States Code § 1201 et seq. 2. "Area Board of Zoning Appeals (ABZA)" means the board identified in the City's zoning ordinance, South Bend Municipal Code § 21 -11.02