Notwithstanding any other provision of this Code to the contrary, any individual, group or entity aggrieved by any action or regulation of the Town regarding a supportive housing facility may make a request for reasonable accommodation from any provision of the Code by which they are aggrieved, pursuant to the procedures set forth in this chapter.

It is the policy of the Town of Georgetown to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing. This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning, policies, practices and procedures of the Town of Georgetown to comply fully with the intent and purpose of fair housing laws.

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

The applicant shall furnish the Town all information necessary for processing the reasonable accommodation request, including any additional information which the Town may request or deem necessary to complete and evaluate a reasonable accommodation request form.

The applicant is entitled to be represented at all stages of the proceedings identified in this section by a person designated by the applicant.

Should the information provided by the applicant to the Town 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 Town, to the extent allowed by law, treat such medical information as confidential information of the applicant.

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

The Town Manager, or his/her designee ("Town Manager/designee"), shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Town, it will be referred to the Town Manager/designee for review and consideration. The Town Manager/designee shall issue a written determination within 30 days of the date of receipt of a completed application and may:

If reasonably necessary to reach a determination on the request for reasonable accommodation, the Town Manager/designee may, prior to the end of said thirty-day period, request additional information from the applicant, specifying in detail what information is required. The applicant shall have 15 days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the thirty-day period to issue a written determination shall be stayed. A written determination shall be issued by the Town Manager/designee within 30 days after receipt of the additional information. If the applicant fails to provide the requested additional information within said fifteen-day period, a written determination shall be issued by the Town Manager/designee within 30 days after expiration of said fifteen-day period.

The following findings, while not exhaustive of all considerations and findings that may be relevant, must be made before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record relating to such approval or denial:

A request will be considered reasonable only if the answers to the findings in both Subsection A(2) and (3) above is "no."

If a request for reasonable accommodation is approved, the written determination may specify any relevant standards and conditions that the supportive housing facility shall follow, including, but not limited to, the maximum number of residents based upon state law (e.g., Fire Marshal) and the Town Code, specifics of operation, and parking plan.

This section does not obligate the Town to grant any accommodation request unless required by federal or Delaware state law.

Within 30 days after the date the Town Manager/designee mails a written adverse determination to the applicant, the applicant requesting reasonable accommodation may appeal the adverse determination to the Board of Adjustment.

All appeals shall contain a statement of the specific grounds for the appeal.

The Town will provide the applicant with the necessary information as to how to file and process an appeal. Applicants are entitled to be represented at all stages of the administrative appeal proceeding by a person designated by the applicant.

Appeals shall be to the Board of Adjustment, which shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than 60 days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in § 230-255 of this article.

An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.