9-103.070 - REVIEW PROCEDURES

(a)

The Community Development Director, or their designee, shall be the review authority and shall consider and approve requests for reasonable accommodation when those accommodations may be necessary to afford persons with disabilities equal opportunities to use and enjoy the dwelling

(b)

The review authority shall issue a written determination within a timely manner but no later than 30 days of the date of receipt of a complete application form.

(c)

The written determination shall state in writing that they grant, grant with modifications, or deny a request for reasonable accommodation consistent with fair housing laws and based on the following factors:

(1)

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

(2)

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

(3)

Whether the requested accommodation would impose an undue financial or administrative burden on the County; and

(4)

Whether the requested accommodation would require a fundamental alteration the County's land use zoning, rules, policies, practices, or procedures.

(d)

None of the factors in 9-103.013(C) are intended to supersede any other findings which might also be required for a discretionary permit that is reviewed concurrently with the request for accommodation.

(e)

For requests for reasonable accommodations involving any applications for discretionary approval, the review authority shall process and consider the request for reasonable accommodation separately from any discretionary elements of the same proposal. Pursuant to 9-103.013(B) the review authority shall act on the request for reasonable accommodation within no later than 30 days of the date of receipt, if the request for a reasonable accommodation cannot be effectuated until a final decision is rendered on the related discretionary approvals, a "provisional written determination" can be provided within the 30 day time frame allowing the reasonable accommodation request to be implemented, or modified as needed to obtain the same goal, at the time of the final discretionary approval, and shall become final at the same time. The applications for discretionary approval shall be separately considered and shall be subject to the procedures for consideration specified in the Development Title. The appropriate decision-making body shall act on all discretionary permits, but not on the reasonable accommodation request.

(f)

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

(g)

The written determination is final unless the requestor appeals the decision pursuant to Section 9-103.015.

(h)

The written determination shall be sent to the requestor by first class mail to the address provided on the reasonable accommodation form or in a format requested by the requestor.