88-571-03 - REQUESTING REASONABLE ACCOMMODATIONS
To make specific housing available to one (1) or more individuals with disabilities, a disabled person or a person acting on his/her behalf at his/her request (collectively, the "applicant") may request a reasonable accommodation in the form of relief from any standard of this zoning and development code, adopted city policy, or administrative practice of the city applicable to such housing.
1. A request by an applicant for reasonable accommodation requesting relief from any requirement of this zoning and development code, adopted city policy, or administrative procedure shall be made orally or in writing on a reasonable accommodation request form provided by the city planning and development director. The form shall contain:
a. Name and address of the individual or entity requesting reasonable accommodation. If the applicant is applying on behalf of an individual with a disability, the name and address of the individual with a disability shall also be provided;
b. Address of the property for which the accommodation is requested;
c. The name, phone number, and address of the owner of the fee interest of the property (if other than the applicant);
d. Attestation that the applicant is (a) an individual with a disability, (b) applying on behalf of an individual with a disability, or (c) a developer or provider of housing for one or more individuals with a disability;
e. The nature of the disability that requires the reasonable accommodation. In the event that the specific individuals who are expected to reside at the property are not known to the applicant in advance of making the application, the applicant shall not be precluded from filing the application but shall submit details describing the range of disabilities that prospective residents are expected to have to qualify for the housing. The applicant shall notify the department in the event the residents at the location are not within the range described. The department shall then determine if an amended application and subsequent determination of reasonable accommodation is appropriate;
f. The specific type of accommodation requested by the applicant, applicable sections of this zoning and development code, policy titles, and practices for which the accommodation is sought. To the extent practicable, this portion should include information concerning the impact of the reasonable accommodation on the adjoining properties and area, the number of people who are expected to be availing themselves of the reasonable accommodation, the estimated number of people in an average week who will be necessary to provide services to the person(s) with disabilities at the property on an on-going basis, whether or not this type of reasonable accommodation is required to obtain a license from any State or County authority to operate, and any other information the applicant thinks would assist in determining the reasonableness of the accommodation;
g. Documentation that the specific accommodation(s) requested by the applicant is necessary for the individual(s) with the disability to use and enjoy the dwelling, or is necessary to make the development of housing for individuals with disabilities financially or practically feasible.
2. a.
The applicant should also note, if known, whether this accommodation requires any additional permits or licensure (e.g. business license); and
b. Whether the accommodation requested may be necessary to afford one (1) or more disabled persons equal opportunity to use and enjoy a specific dwelling.
c. Any other information that the code administrator or department concludes is necessary in order to make the findings required by this Section.
The city planning and development department will provide the assistance necessary to an applicant in making a request for reasonable accommodation, including information which the department deems necessary to complete a reasonable accommodation request form. Upon the City's receipt of the necessary information to process the applicant's request for reasonable accommodation, the department shall use the information to complete a reasonable accommodation request form. When the department prepares a request for reasonable accommodation form in response to an oral request the form shall be presented to the requester for their input and approval.
3. The department will provide the assistance necessary to any applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the applicant. The applicant is entitled to be represented at all stages of the proceedings identified in this Section by a person designated by the applicant.
4. Should the information provided by the applicant to the department include medical information or records of the applicant, including records indicating the medical condition, diagnosis or medical history of the applicant, the department will treat such medical information as confidential.
5. The department shall provide written notice to the applicant, and any person designated by the applicant to represent the applicant in the application proceeding, of any request received by the department for disclosure of the medical information or documentation which the applicant has provided. The department will cooperate with the applicant, to the extent allowed by law, in actions initiated by the applicant to oppose the disclosure of such medical information or documentation.
6. All medical information or records of the applicant will be destroyed by the City after the time for appeal of the decision has expired.
(Ord. No. 230936, § A, 12-14-2023)
