3.28.5 Reasonable Accommodation

A. Reasonable Accommodation Required: None of the foregoing conditions shall be interpreted to limit reasonable accommodations necessary to allow the establishment or occupancy of a residential facility for person(s) with a disability. B. Application: Any person or entity who wishes to request a reasonable accommodation shall make application to the Amalga Town Planning and Zoning Commission in compliance with The Amalga Town Land Management and Development Code, Chapter 1. General Provisions and Procedures 1.5, Amendments to the Land Management Code and Zoning Map. Said applications shall specifically articulate, in writing, the following: 1. The name, mailing address, and phone number of the applicant; 2. The nature and extent of the disability; 3. An exact statement of the ordinance or policy from which the applicant needs a reasonable accommodation; 4. The applicant’s proposed reasonable accommodation(s); 5. A statement detailing why a reasonable accommodation is reasonable and necessary in order to afford handicapped persons equal opportunity to use and enjoy housing; and 6. The physical address of the property where the applicant intends on living. C. Decision. The Planning and Zoning Commission shall render a decision on each application for a reasonable accommodation within ninety (90) days. The decision shall be based on evidence of record demonstrating all of the following: 1. The requested accommodation will not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability. 2. That but for the accommodation, one (1) or more persons with a disability will be denied an equal opportunity to enjoy housing within the community. 3. That equal results will be achieved as between the person with a disability requesting the accommodation and a nondisabled person. D. Appeal: Any person adversely affected by a final decision of the Planning and Zoning Commission may appeal that decision in compliance with the Appeals and Review Process section of the Amalga Town Code 1.15.