Chapter 13.39 — REASONABLE ACCOMMODATION

The town, pursuant to the Fair Housing Amendments Act of 1988, wishes to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of these provisions is to provide a process for making requests for reasonable accommodation with respect to land use and zoning decisions and procedures regulating the siting, funding, development and use of housing for people with disabilities. In these regulations, "uses of housing" includes, but is not limited to, housing-related services and the use and enjoyment of residential property. (Ord. 216 § 6 (part), 2005)

Notice will be displayed, advising applicants that they may request a reasonable accommodation of existing rules, policies, practices and procedures at the planning department. (Ord. 216 § 6 (part), 2005)

In order to make specific housing available to an individual with a disability, any person may request a reasonable accommodation with respect to the rules, policies, practices and procedures regulating the siting of development or use of housing by completing an application for a reasonable accommodation limited term permit at any time that the accommodation may be necessary for a resident or proposed resident of the town. The department shall provide the assistance necessary to ensure that the process is accessible to the applicant. (Ord. 216 § 6 (part), 2005)

An application shall be filed and processed in compliance with Chapter 13.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Section 13.39.060 . (Ord. 216 § 6 (part), 2005)

Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this zoning ordinance.

• A. Public Notice . Prior to a decision on a reasonable accommodation limited term permit, the town shall provide notice of a public hearing in compliance with Chapter 13.78 (Public Hearings). The notice shall state that the director will decide whether to approve or disapprove the reasonable accommodation limited term permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.

• B. Hearing . When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 13.78 , and the director shall conduct the public hearing prior to a decision on the application in compliance with Chapter 13.78 .

• (Ord. 216 § 6 (part), 2005)

A reasonable accommodation limited term permit may be approved by the director only after the director first finds:

• A. The housing, the subject of the request for reasonable accommodation, is to be used by an individual under the Fair Housing Amendments Act of 1988.

• B. The request for accommodation is necessary to make specific housing available to an individual protected under the Fair Housing Amendments Act of 1988.

• C. The requested accommodation would not impose an undue financial or administrative burden to the town of Loomis.

• D. The requested accommodation would not require a fundamental alteration in the nature of the housing program of the town of Loomis.

• E. The establishment, maintenance or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity.

• (Ord. 216 § 6 (part), 2005)

The procedures and requirements in Chapter 13.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Ordinance Administration), shall apply following the decision on a reasonable accommodation limited term permit application.

Condition of the Site Following Temporary Activity . Each site occupied by a temporary activity shall be cleaned up once the temporary activity is concluded, and shall thereafter be used in compliance with the provisions of this zoning ordinance. A bond may be required before initiation of the activity to ensure the site is cleaned up once the accommodation is no longer necessary. (Ord. 216 § 6 (part), 2005)