Application—Submittal requirements. Application for an adjustment shall be filed with the Department on a form, and include application materials prescribed by the ZA.

Permissible adjustments. Deviations from the following development standards may be permitted with approval of an adjustment:

Public hearing. No public hearing is required for the consideration of an adjustment application.

Action of the Zoning Administrator. The ZA may grant an adjustment as the adjustment was applied for or in modified form, or the application may be denied. An adjustment may be granted for a limited time period, or may be granted subject to conditions as the ZA may prescribe.

Findings. The ZA may grant an adjustment to a regulation prescribed by this title if, on the basis of the evidence submitted, the ZA makes the following findings of fact:

Effective date. A decision of the ZA shall be effective 15 days after the date of the decision unless an appeal has been issued. An adjustment shall become effective immediately after it is granted by the ZA.

Lapse of adjustment. An adjustment shall lapse and shall become void one year following the date on which the adjustment became effective unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the adjustment application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the adjustment application, or the site is occupied if no building permit or certificate of occupancy is required. Prior to the expiration of a permit, an applicant may request a 12-month time extension by filing with the ZA.

Revocation. An adjustment granted by the ZA subject to conditions shall be revoked by the ZA if the applicant has not complied with the conditions. The decision of the ZA revoking an adjustment shall become effective 15 days following the date on which it was revoked unless an appeal has been filed. An adjustment granted by the Council shall be revoked only by the Council.

New application. Following the denial or revocation of an adjustment application, no application for the same or substantially the same adjustment on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the adjustment.

Adjustment related to plans submitted. Unless otherwise specified at the time an adjustment is granted, it shall apply only to the plans and drawings submitted as part of the application.

Purpose. Administrative use permits allow for approval of uses and activities whose effects on adjacent sites and surroundings need to be evaluated in terms of a specific development proposal. It is anticipated that uses qualifying for an administrative use review are minor in nature, only have an impact on immediately adjacent properties, and can be modified and/or conditioned to ensure compatibility.

Applicability. This section applies to land use requiring an administrative use review as designated with an "A" on the allowed use tables, including Table 25.10-1 (Use Matrix for Residential Districts), and Table 25.16-1 (Use Matrix for Commercial and Industrial Districts).

Review process. The ZA is the approving authority for administrative use permits. However, the ZA may refer an administrative use permit to the Commission for review and approval.

Findings. The ZA shall approve, or approve with conditions, an application for an administrative use permit after making all of the findings below. If the ZA does not make all of these findings, he/she shall deny the administrative use permit.

Conditions. In approving an administrative use review, the ZA may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code.

Purpose. In accordance with federal and state fair housing laws, it is the purpose of this section to allow for reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

Review procedure. The ZA is designated approval authority for reasonable accommodation requests and shall approve a reasonable accommodation request if the compliance requirements below are addressed.

Required findings. The written decision to approve a request for reasonable accommodation shall be based on the following findings, all of which are required for approval:

Alternative reasonable accommodations. The decision-maker may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant.

Consideration factors. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

Consideration factors—Fundamental alteration to zoning program. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program:

Rules while decision is pending. 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.

Effective date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the Council on such appeal, pursuant to the provisions of this section.

Expiration. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless one of the following applies:

Time extension. The ZA may approve a single 1-year time extension for a reasonable accommodation for good cause. An application for a time extension shall be made in writing to the ZA no less than 30 days or more than 90 days prior to the expiration date. The request for an extension shall be subject to the same notice, hearing, and appeal requirements applicable to the original application.

Violation of terms. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. Revocation of a reasonable accommodation shall be subject to the same notice, hearing, and appeal requirements applicable to the original application.

Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the ZA determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the zoning code, or (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The ZA may request the applicant or their successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 10 days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation.

Revocation. Any revocation shall be noticed and heard pursuant to the procedures established in this title.

Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The ZA may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval.