This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the City.

(Ord. No. 2010-06, 5/11/10; Ord. 2015-02, 02/10/15)

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities.

(Ord. No. 2010-06, 5/11/10; Ord. 2015-02, 02/10/15)

1. Requests for reasonable accommodations shall be in writing and provide the following information:
   1. Name and address of the individual(s) requesting reasonable accommodation;
   2. Name and address of the property owner(s);
   3. Address of the property for which accommodation is requested;
   4. Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought;
   5. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling; and
   6. All information necessary for the findings set forth in DCA 3.30.050.
2. Requests for reasonable accommodations shall be submitted to the City Administrator.
3. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
4. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.
5. If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible.

(Ord. No. 2010-06, 5/11/10; Ord. 2015-02, 02/10/15)

1. Requests for reasonable accommodations shall be reviewed using the criteria set forth in DCA 3.30.050.
   
2. The City Administrator shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in DCA 3.30.050.
   
3. It is the applicant’s burden to demonstrate that the accommodation is necessary and reasonable under the standards and definitions set forth in federal and state law, including federal and state case law.
   

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be 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 afford persons with a disability equal opportunity to use and enjoy a dwelling when compared to similarly-situated persons or groups without a disability;
   
3. Whether the requested accommodation would impose an undue financial or administrative burden on the City;
   
4. Whether the requested accommodation would require a fundamental alteration in the nature of the City’s land use, zoning or building programs;
5. Whether the requested accommodation is reasonable;
   
6. Whether the request for accommodation would result in a dwelling being made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others; and
   
7. Any other relevant considerations under the federal or state law.

1. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority’s findings on the criteria set forth in DCA 3.30.050. All written decisions shall give notice of the applicant’s right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.
   
2. The written decision of the City Administrator shall be final unless an applicant timely appeals it to the Land Use Hearing Officer, as the Alpine City Appeal Authority.
   
3. If the City Administrator fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period allotted by DCA 3.30.040 Part 2, the request shall be deemed denied based upon the insufficiency of the applicant’s information to satisfy the criteria set forth in DCA 3.30.030.
   
4. 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.

1. Within ten (10) days of the date of the City Administrator’s written decision or expiration of the thirty (30) day time period allotted by DCA 3.30.040 Part 2, an applicant may appeal an adverse decision to the Alpine City Appeal Authority. Appeals from the adverse decision shall be made in writing.
   
2. If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure that the appeals process is accessible.
   
3. All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
   
4. The review of all such appeals shall be based upon the record presented to the City Administrator.