§ 250.040. Requesting Reasonable Accommodation.

A. 

To make specific housing available to one (1) or more individuals with disabilities, the applicant may request a reasonable accommodation relating to the various land use or zoning rules, policies, practices and/or procedure of the City applicable to such housing.

B. 

Information Required For Request.

1. 

A request by an applicant for reasonable accommodation relating to land use or zoning rules, policies, practices and/or procedures shall be made orally or in writing on a reasonable accommodation request form provided by the City. The form shall contain:

a. 

The current zoning for the property;

b. 

The name, phone number and address of the owner of the fee interest of the property (if other than the applicant);

c. 

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 City Clerk, in the event the residents at the location are not within the range of disabilities described. The City shall then determine if an amended application and subsequent determination of reasonable accommodation is appropriate;

d. 

The specific type of accommodation requested by the applicant. 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;

e. 

The applicant should also note, if known, whether this accommodation requires any additional licensure from the City (e.g., business license); and

f. 

Whether the accommodation requested may be necessary to afford one (1) or more disabled persons equal opportunity to use and enjoy a specific dwelling.

2. 

The City will assist the applicant with furnishing all information necessary to the City for processing the reasonable accommodation request, including that information which the City 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 City shall use the information to complete a reasonable accommodation request form.

C. 

The City will provide the assistance necessary to an applicant in making a request for reasonable accommodation. The City 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 Chapter 250 by a person designated by the applicant.

D. 

Should the information provided by the applicant to the City include medical information or records of the applicant, including records indicating the medical condition, diagnosis or medical history of the applicant, the applicant may, at the time of submitting such medical information, request that the City, to the extent allowed by law, treat such medical information as confidential information of the applicant.

E. 

The City 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 City for disclosure of the medical information or documentation which the applicant has previously requested be treated as confidential by the City. The City 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.

Ord. No. 1566 § 3, 11-17-2015