It is the policy of the City of Monte Sereno to provide reasonable accommodation for persons with disabilities seeking fair access to housing in the application of its zoning laws. The purpose of this Chapter is to provide a process for making a request for reasonable accommodation.

(Ord. No. NS-175, § 1, 4-5-2011)

A.

Any person who requires reasonable accommodation, because of a disability, in the application of a zoning law which may be acting as a barrier to fair housing opportunities may do so on a form to be provided by the Planning Director.

B.

If the project for which the request is being made also requires some other planning permit or approval, then the applicant shall file the request together with the application for such permit or approval.

(Ord. No. NS-175, § 1, 4-5-2011)

The applicant shall provide the following information:

A.

Applicant's name, address and telephone number;

B.

Address of the property for which the request is being made;

C.

The current actual use of the property;

D.

The zoning code provision, regulation or policy from which accommodation is being requested;

E.

The basis for the claim that the individual is considered disabled under the Fair Housing Act or the Americans with Disabilities Act and why the accommodation is necessary to make the specific housing available to the individual.

(Ord. No. NS-175, § 1, 4-5-2011)

Written notice that a request for reasonable accommodation is being sought shall be given as follows:

A.

In the event that there is no approval sought other than the request for reasonable accommodation, the notice shall be mailed to the owners of record of all properties which are immediately adjacent to the property which is the subject of the request.

B.

In the event that the request is being made in conjunction with some other process, the notice shall be transmitted along with the notice of the other proceeding.

(Ord. No. NS-175, § 1, 4-5-2011)

In making a determination regarding the reasonableness of a requested accommodation, the following factors shall be considered:

A.

Whether the project, will be used by an individual with disabilities protected under fair housing and/or any other applicable laws;

B.

Whether the requested accommodation is necessary to make a project usable and available to an individual with disabilities protected under the fair housing and/or any other applicable laws;

C.

Physical attributes of the property and structures;

D.

Alternative accommodations which may provide an equivalent level of benefit;

E.

Whether the requested accommodation would impose an undue financial or administrative burden on the City; and

F.

Whether the requested accommodation would require a fundamental alteration in the nature of a program.

(Ord. No. NS-175, § 1, 4-5-2011; Ord. No. NS-242, § 8, 12-3-2024)

The Director shall review all requests for reasonable accommodation and a decision shall be made within thirty (30) days of the date of the application. Decisions may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section 10.23.050. If necessary to reach a decision on the request for reasonable accommodation, the Director may request further information from the applicant consistent with fair housing or any other applicable laws, specifying in detail the information that is required. In the event that a request for additional information is made, the time period to issue a decision is stayed until the applicant responds to the request.

(Ord. No. NS-175, § 1, 4-5-2011; Ord. No. NS-242, § 9, 12-3-2024)

A.

Within thirty (30) days after the hearing, the Director shall issue a decision granting the request, including any reasonable conditions, or denying the request.

B.

The notice of decision shall contain the Director's factual findings, conclusions and reasons for the decision.

C.

The notice of decision shall be made in the same manner as set forth in the previous section.

(Ord. No. NS-175, § 1, 4-5-2011)

A.

Within fifteen (15) days after the notice of director's decision, any person may appeal in writing to the City Council.

B.

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

C.

The City Clerk shall, subject to the rules of the City Council, set a date for the public hearing which shall be held by the City Council. The date of hearing shall be not less than ten (10), nor more than sixty (60) calendar days after the notice of appeal was received by the City Clerk.

D.

The City Council shall consider the appeal at the time and place set by the City Clerk. The City Council shall hear the matter de novo.

E.

After hearing and considering all the evidence, the City Council shall uphold the decision of the Director, reverse the decision of the Director or modify the decision of the Director.

F.

The decision of the City Council shall be final.

(Ord. No. NS-175, § 1, 4-5-2011)