17.16.050 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 Land Use Authority in compliance with section 17.02.030 of this title. 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 Land Use Authority 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 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 Land Use Authority may appeal that decision in compliance with section 17.02.060 of this title. CHAPTER 17.17 AIRPORT LIMITATION AREAS