(a)

Zoning regulations and districts as herein set forth are provided and established. The city is hereby divided into four [five] classes of use districts, termed respectively:

Residential A

Residential B

Business A

Business B

Historic, distinctive and unique

(b)

Except as hereinafter provided, no building shall be erected or structurally altered and no use shall be made of property except in conformation with the regulations herein prescribed for the district in which the building is located.

(Ord. No. 43, § 2, 1-20-1993; Ord. No. 09-30-10, 9-30-2010)

(a)

An additional conditional use available in the city ("Palmhurst") where zoning is non-residential shall be special events or activities lasting less than one month, requiring temporary structures, tents, fences, roped-off areas, and other crowd control devices. Examples of such events or activities include a circus, carnival, sports competition, and similar events or activities.

(b)

A business permit shall be required for all such special events or activities, which shall require the payment of the standard business permit fee after meeting all other requirements under this section.

(c)

(1)

Before a conditional use under this section can be granted or a business permit therefor issued, the person or entity proposing such special event or activity shall make a written application for such conditional use to the city's planning and zoning board. If the city chooses to do so, the city will provide the application form.

(2)

The application fee shall be $1,000.00 due at the time of the application and the fee shall be non-refundable. An additional fee may be assessed if the police chief or fire official determines that the proposed special event or activity will require additional personnel cost to the city, which fee shall approximate the extra costs to be incurred by the city.

(3)

The planning and zoning board shall hold a public hearing concerning the application, and shall give not less than ten days notice to all persons or entities residing or owning property within _____ feet of a boundary of the property on which such special event or activity is proposed. Notice shall be given by letter addressed to the last known address of the person or entity entitled to notice. All persons entitled to notice shall be permitted to express their views about such special event or activity verbally or in writing. The planning and zoning board shall determine whether to grant the conditional use under this section, based on the best interests of the city.

(d)

The city's police chief shall be given written notice of the said public hearing and the police chief shall provide the planning and zoning board prior to such hearing a written evaluation of the proposed special event or activity in regard to public safety. In the absence of the police chief's evaluation of the proposed special event or activity, the planning and zoning board may consider such as the police chief's approval of the special event or activity, or the planning and zoning board may make an evaluation of any public safety concerns it may have about the special event or activity.

(e)

The city's city manager shall be given written notice of the said public hearing and the city manager shall provide the planning and zoning board prior to such hearing a written evaluation of the proposed special event or activity in regard to public health. To provide such evaluation, the city manager shall consult at least one medical doctor. In the absence of the city manager's evaluation of the proposed special event or activity, the planning and zoning board may consider such as the city manager's approval of the special event or activity, or the planning and zoning board may make an evaluation of any public health concerns it may have about the special event or activity.

(f)

The city's fire official (which term shall mean the city's fire marshal, if one is appointed, or any person having the authority to evaluate and supervise fire safety issues for the city) shall be given written notice of the said public hearing and the fire official shall provide the planning and zoning board prior to such hearing a written evaluation of the proposed special event or activity in regard to public safety from fire. In the absence of the fire official's evaluation of the proposed special event or activity, the planning and zoning board may consider such as the fire official's approval of the special event or activity, or the planning and zoning board may make an evaluation of any public health concerns it may have about the special event or activity. If the fire official determines that the attendance of fire equipment at the location of the structure during the use of such structure as a place of assembly is necessary for the safety of persons and property, the fire official shall require that the applicant deposit with the city manager a sum equal to the reasonable value of the use of such equipment and the furnishing of the necessary personnel for such time as will be required, in order to reimburse the city for such expense.

(g)

It shall be unlawful for any person to erect or cause to be erected any temporary structure composed wholly or partly of canvas, metal, wood or similar material to be used as a place of amusement for any educational or recreational purposes or for exhibition of animals whatsoever within the limits of the city, without first having complied with this section.

(h)

It shall be unlawful for any person or entity (other than a church, political subdivision, or business with a valid business permit issued by the city) to hold an event or activity that involves the gathering of more than 100 people, without first having complied with this section.

(i)

The sale of alcoholic beverages or other intoxicating substances is forbidden in connection with any such special event or activity.

(j)

(1)

The application for permission required by this division shall indicate clearly:

a.

The nature of the special event or activity and a description of physical activities that would take place;

b.

The type of construction, if any, together with seating arrangements, aisles, location of all electrical wiring, location of all exits, and the location, insofar as feasible, of adjacent structures and obstructions which might hinder the free egress of persons from the exits.

(2)

Such application shall further specify:

a.

Whether any open flame is intended to be used anywhere in connection with the special event or activity, and if so, what precautions are to be taken to render it safe;

b.

The name of the person who will supervise the special event or activity;

c.

The person or entity that will benefit from any monetary proceeds of the special event or activity;

d.

The names and addresses of the officers of any entity that will supervise or benefit from special event or activity;

e.

The length of time, and hours of the day or night, the special event or activity will be conducted;

f.

What provisions have been made for sanitary facilities for persons using the premises on which such structure is to be erected or is maintained;

g.

Applicant's provision for emergency medical services during the event;

h.

Applicant's plan for sufficient power and lighting. If power generators are to be used, an assessment of the noise decibel levels produced shall be included.

i.

Applicant's provision for cleanup of the premises after the event.

j.

Such other relevant information as the police chief, fire official, or city manager may require in order to produce an evaluation to be presented to the planning and zoning board.

k.

The applicant for a permit required by this division shall furnish evidence that a public liability insurance policy with the city as a loss payee in amounts of not less than $1,000,000.00 for one person and $1,000,000.00 for any one accident, shall be in force and effect at the time such structure is to be occupied as a place of assembly by the public.

l.

If the city manager finds that the provisions of this division are complied with, or will be complied with, by the applicant, he shall issue a permit to conduct such special event or activity, and to erect or maintain any proposed structure conditional upon such reasonable limitations and requirements as the city manager may deem necessary for the safety of persons and property.

m.

If a person or entity violates this section and sponsors, promotes, or conducts a special event or activity without compliance with this section, said person or entity shall be fined $500.00 for each day or portion thereof such special event or activity is conducted, and, if in violation of this section, is subject to being closed by the police instanter, as well as being subject to injunctive relief against such special event or activity as may issue from a court having jurisdiction.

n.

City-sponsored special event and activities are exempted from any requirements of this section.

(Ord. No. 12-18-12, 12-18-12)

Editor's note— Ord. No. 12-18-12, adopted Dec. 18, 2012, did not specify manner of inclusion; hence, inclusion as § 58-26 is at the discretion of the editor.

(a)

Off-street parking required during permit process. At the time of when any building permit is being submitted in any district for the construction of a primary building or its reconstruction or rehabilitation, or when a business permit is desired, paved off-street parking and maneuvering spaces in accordance with the minimum requirements given in these regulations. All parking and maneuvering space, unless otherwise stated, shall be provided on private property; if the developing entity is institutional, then the off-street parking will be on the grounds of the institution's' development site. It is hereby ordained that when, in the opinion of the City of Palmhurst, that the provisions of these regulations are clearly not adequate, additional and reasonable parking requirements may be required as deemed necessary for a safe and useful development. Furthermore, should a use be proposed which is not identified in these regulations, then it is a reasonable justification to require substantially similar off-street parking requirements as found in similar circumstances in other area municipalities.

(b)

Definitions. The following words, terms, and phrases shall have the meaning ascribed to them when used within the context of these regulations:

Maneuvering space means the space entirely on private property, or the development's site, required or the maneuvering of motor vehicles into and out of off-street parking spaces so that the backing of any vehicle into the street right-of-way, or that similar paved portion of a private street, shall be prevented or avoided. Such maneuvering space shall be no closer than eight feet from the back edge of the curb or future curb where no curb exists.

Off-street parking space means an area with a paved surface where no part is closer than eight feet from the back edge of the curb or future curb where none exists at the time of construction. The width and length shall be a minimum nine feet in width and 18 feet in length, or the width and length of which shall exceed by a minimum of two feet the dimensions of the type of vehicle normally to be parked in any given space, and connected with a street or alley by a paved driveway affording satisfactory ingress and egress.

(c)

(1)

Minimum requirements.

a.

Single-family dwellings: two parking spaces per dwelling unit in all districts; the driveway(s) shall be paved from the paved street to the residential structure.

b.

Duplex or two-family units: a minimum of two parking spaces for each family dwelling unit in a building; the drive leading from the paved street to the off-street parking spaces shall be paved; the use may be grandfathered to the current zoning district.

c.

Multifamily dwellings: two off-street parking spaces for each apartment. Paved maneuvering space shall be required as in a commercial setting; the drive leading from the paved street to the off-street parking spaces shall be paved; the use may be grandfathered to the current zoning district.

d.

Church or religious use: one space for each four seats in the main assembly area.

e.

School (except high school or college): one and one-half parking spaces for each classroom of instruction. High school or college: one parking space for each eight seats in the main auditorium or four parking spaces for each classroom, whichever is greater.

f.

Hospital or similar facility: two spaces for each bed. Administrative office areas shall be added by calculating the "office (general)" criteria.

g.

Nursing homes, homes for the aged or disabled or other similar uses: one parking space for each two beds.

h.

Theater or auditorium (except for school use): one space for each three seats or bench seating spaces.

i.

Commercial sports or entertainment arena, or gymnasium: one space for each three seats or seating spaces.

j.

Hotel or motel: one space for each sleeping room or suite plus one space for each 200 square feet of commercial floor area contained therein, e.g., restaurant area, etc.

k.

Dancehall, events center, assembly without fixed seats: one space for each 100 square feet of floor area used; storage areas are exempted from this calculation.

l.

Bowling alley: five spaces for each bowling lane.

m.

Medical and/or dental office or similar uses: four off-street parking spaces for the first 200 square feet plus one space for each additional 200 foot increment of the total floor area.

n.

Funeral home: one space for each four seats in the individual funeral rooms.

o.

Restaurants, nightclub, café or similar use: one space for each 75 square feet of floor area or one space for each three seats, whichever is greater.

p.

Manufacturing, industrial business, creamery, bottling plant, warehouse or similar use: one space for each two employees on the maximum shift, plus space to accommodate all trucks and other vehicles used in connection therewith.

q.

Billiard hall: two spaces for every billiard table; however, additional parking may be imposed based on any accompanying restaurant use, i.e., one parking space for each 75 square foot increment of floor space used therewith.

r.

Office (general) and/or retail: one space for first 400 square feet + one space for each additional 400 square feet increments.

(2)

Site plan approval assessment. It is hereby ordained that on commercial, institutional, or other non-residential use developments, a site plan approval process shall hereafter be required in the following sequential manner:

a.

Developer and/or the agent representing the project shall provide the city's planning department with four complete full-sized copies of the site plan showing, at a minimum, the proposed use(s), the driveway entrances and exit points, widths of said driveways, striped parking spaces (inclusive of ADA compliant parking spaces with appropriate signage), parking lot security lighting, required landscaped improvements reflecting type, height, caliper, etc., of each shade or ornamental tree/type of required hedging, etc.; all proposed building setbacks of the facilities, width of paved/marked fire lanes which shall be a minimum paved width of 16 feet if such fire lanes are deemed needed by the city's fire marshal (inclusive of the fire lanes' turning radius), fire hydrant locations, water/sewer/storm drainage facilities (including detention and cross-sections of all detention ponds/swales), perimeter buffering fencing or perimeter walls (inclusive of the height and material to be used), and any and all trash receptacle locations inclusive of buffering fencing or walls (min. height to be six feet). The above criteria is not all inclusive; thus, other development features may be required by the city to be submitted during the review process. (NOTE: As deemed appropriate on non-residential plats, this provision may be required as a plat note on said plats.)

b.

Once the submittal of required site plan data is provided and examined by the city's planning staff, it shall first be presented to the city's planning and zoning commission for review for a recommendation of approval or otherwise.

c.

After the planning and zoning commission has acted on the site plan in an advisory capacity, it shall then be presented to the palmhurst city council for final action.

d.

If the city council approves the site plan, the project may advance forward to its next stage of development to strictly comply with any and all conditions imposed by the city council.

e.

Once the development is under construction, it shall receive final approval once any and all imposed conditions have been fully complied with.

f.

The site plan approval fee to administer this process through staff and the reviewing boards shall be as follows:

• 3 acres or less .....$250.00

• 3+ to 10 acres .....$400.00

• 10+ acres to 20 acres .....$500.00

• 20+ acres .....$650.00

(d)

Computing parking requirements.

(1)

The term "floor area" shall mean the gross floor area of the specific use.

(2)

Where fractional spaces result, the parking spaces required shall be constructed to the next number of at .5 or above.

(3)

The parking space required for a use not specifically mentioned shall be the same as required for a use of similar nature. If no other similar use is reasonably evident, the city manager, by executive order after consulting with staff and members of the city council, may impose a temporary moratorium pending review and action to formally amend these parking regulations to promptly establish parking for that unforeseen use.

(4)

After the effective date of these regulations, whenever a property is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent or more in the number of existing parking spaces, such parking shall be provided on the basis of the enlargement or change. However, whenever a building or use existing prior to the effective date of these regulations is enlarged to the extent of 50 percent or more in total floor area used, such building or use shall then fully comply with the parking requirements of this section for the entire development.

(5)

In the case of mixed uses, the parking spaces required shall equal the sum of the various uses computed separately.

(e)

Location of parking spaces.

(1)

All parking spaces required shall be located on the same property [that] the activity or establishment is being proposed. However, where an increase in the number of spaces is required by a change in use or enlargement or where such spaces are provided collectively or used jointly by two or more activities or establishments, the required spaces may be located off-site but not to exceed 300 feet from a nearby institutional building whose parking may be available.

(2)

Not more than 50 percent of the parking spaces required for theaters, bowling alley, dancehalls, nightclubs or cafes, and up to 100 percent of the parking spaces required for a church or school auditorium may be provided and use jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not open, shall be used or operating during the same hours; provided, however, that written agreement thereto is properly executed and filed as specified in these regulations.

(3)

In any case where the required parking spaces are not located on the same property with the activity or business, or where such spaces are collectively provided and used, a written agreement thereby assuring their retention for such use shall be properly drawn and executed by the parties concerned, approved as to form by the City of Palmhurst, and shall be filed with the accompanying building permit. Furthermore, said affidavit/agreement shall be filed for recording to alert any potential buyers of said agreement's binding/conditional validity.

(f)

Loading space. Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehouse, hotel, mortuary or any other use similarly involving the receipt or distribution of materials or merchandise by vehicles, shall provide off-street loading space in accordance with the following requirement:

(1)

In the commercial zone, one loading space is required for each 10,000 square feet or fraction thereof, of floor area in the building.

(g)

Minimum dimensions of off-street parking.

(1)

Ninety-degree parking: each parking space shall not be less than nine feet in width and 18 feet in length. Maneuvering space shall not be less than 24 feet.

(2)

Sixty-degree angle parking: each parking space shall not be less than nine feet wide and perpendicular to the parking angle nor less than 20 feet in length when measured at right angles to the building or parking line. Maneuvering space shall not be less than 16 feet perpendicular to the building or parking line.

(3)

Forty-five-degree angle parking: each parking space shall not be less than nine feet in width perpendicular to the parking angle nor less than 18.5 feet in length when measured at right angles to the building or parking line. Maneuvering space shall be not less than 12 feet perpendicular to the building or parking line.

(4)

When off-street parking facilities is located adjacent to a public alley, the width of such alley may be assumed to be a portion of the maneuvering space required.

(h)

Pavement standards. All parking lots shall be paved according to professional paving standards as generally found and expected. The parking lanes must be clearly marked by painted striping, buttons, or other approved materials. It is the required responsibility of the owner and/or business occupant to maintain such painted striping so as to be clearly legible.

(i)

Minimum ingress requirements for parking lots.

(1)

The minimum width of entrances and exits shall be 14 feet for one-way exits/entrances.

(2)

Two-way entrances/exits shall be a minimum of 26 feet, and a maximum of 45 feet wide at the property line.

(3)

The desirable curb return radii are between five and 20 feet. The width of driveway, street lengths, and traffic volumes must be considered when setting curb return radii so as to minimize hazards from entering and existing traffic.

(4)

Obstructions to visibility at intersections of exits and entrances from public rights-of-way shall have a non-obstruction 30 feet × 30 feet corner clip to maximize traffic safety. No landscaping, decorative fence or other structure shall be permitted to be at a height to obstruct such safe visibility corner clip.

(5)

Location of entrances and exits to parking areas shall be as near to the center of the block as practical so as to minimize traffic interference at the intersections. All entrances and exits must be clearly marked. The exact location of entrances and exits must be proposed for approval by the city at the building permit stage. Entrances on state highways must be approved by the city as well as by the state highway department. The city reserves the right to reduce the number of entrances where requirements of traffic safety demand. The cost of such reductions and entrances will be incurred by the applicant.

(6)

As a general guide, any parking area having a capacity of more than 75 spaces shall have more than one entrance and one exit; and any parking area having a capacity of more than 150 spaces shall have entrances and exits on more than one street or alley. The specific requirements for the number of entrances and exits will be determined by the nature of the establishment, anticipated traffic flow in and around the parking area, and the requirements of traffic safety.

(j)

Exceptions; appeals and variances.

(1)

Existing structures in use for residential purposes prior to the passage of the ordinance from which this section derived shall be exempt so long as the residential use continues. The conversion of any residential unit, or part thereof, into a multifamily dwelling, or to be used for commercial purposes shall cause the city to require the minimum number of paved off-street parking spaces.

(2)

The zoning board of adjustments (ZBA) shall be designated to hear and decide appeals or variances and waivers, in whole or parts thereof, and shall conduct their hearings pursuant to the fees, notice of hearing, and general rules of assessment and action described in the city's zoning ordinance and outlined in any prevailing state legislation.

(3)

However, should there be a conditional use permit under public hearing consideration, then the planning and zoning commission and the city council shall have full authority on off-street parking variances, deviations, and/or adjustments.

(k)

Penalties. Any person violating any provision of these regulations shall be guilty of a misdemeanor and, upon conviction, shall be fined thereafter inclusive of accompanying court costs. Each day that said violation continues shall be considered as a separate offence to be fined accordingly as such. Prosecution or conviction under this provision shall never impede any other remedy or relief for violation of these regulations.

(Ord. No. 08-15-2023(B), § 2(58-27-1—58-27-11), 8-15-2023)

(a)

Any use of property existing at the time of the passage of the ordinance from which this article is derived which does not conform to the regulations prescribed in the preceding sections is a nonconforming use.

(b)

A nonconforming use may be continued subject to such regulations as to the maintenance of the premises and conditions of operation as, in the judgment of the board of aldermen may reasonably be required for the protection of adjacent property.

(c)

A nonconforming use shall not be extended, but the extension of a use to any portion of a building arranged or designed for such shall not be deemed the extension of a nonconforming use.

(d)

A nonconforming use shall not be changed, except to a conforming use, a nonconforming use if changed to a conforming, may not thereafter be changed to a nonconforming use.

(Ord. No. 43, § 12, 1-20-1993)

(a)

Building inspector to administer article provisions. The provisions of the article shall be administered by the building inspector of the city under the direction of the board of aldermen in accordance with the provisions of law. If the board of aldermen have not appointed a building inspector to function in that title, the mayor of the city shall serve as building inspector and may sign documents using that title.

(b)

License required; fee. No person shall construct any building or make any use of any building or premises as a place of business or for the practice of any profession or calling or vocation without obtaining from the city a license to do so, for which the applicant shall pay a fee of $100.00. Said license shall contain the name of the licensee, a description of the property, and the use to be made of same, and shall not be transferable. It shall contain such other information as shall be prescribed by the city authorities.

(c)

Application for permits. All applications for building and use permits shall be accompanied by legible plans and specifications for the building to be erected and/or used. The plans shall be drawn to scale and shall include a plan which discloses the actual dimensions of the lot upon which the proposed building is to be erected, the position of the proposed building upon the lot, its intended use and such other information as the building inspector or mayor may require for the proper enforcement of this article. Upon receipt of an application for a building permit and use permit, the building inspector or mayor shall, as soon as practicable, check the plans and specifications carefully for compliance with the terms of the building code and the terms of this article.

(d)

Compliance with building code. In case the plans and specifications submitted do not comply with the terms of the building code, or the terms of this article, it shall be the duty of the building inspector or mayor to deny the application for the building and use permits.

(e)

Permit denial; appeal. The applicant whose request has been denied may, as set forth in this article, refer his application to the board for consideration and the board may grant his request. In case the applicant wishes to appeal his case to the board, it shall be the further duty of the building inspector or mayor to issue a certificate necessary to complete the appeal.

(Ord. No. 43, § 13, 1-20-1993; Ord. No. 44, § 7, 1-20-1993)

(a)

The planning and zoning board of the city is hereby established and the board of aldermen will appoint the members thereof. The work and duties of a planning and zoning board and board of adjustment contemplated in the statutes of the state shall be carried by the respective boards, and if any such board has not been appointed, or the terms of members thereof have expired without reappointments or new appointments being made, then such duties shall be carried by the board of aldermen. Proceedings held and powers exercised shall be as provided by statute or attorney general's opinion, as amended from time to time. Duties include but are not limited to review and recommendation of approval or denial of proposed subdivisions and review of facts concerning application for variances from the ordinances of the city.

(b)

The number of members of the planning and zoning board shall be determined from time to time by the board of aldermen. Members shall serve no set term but shall serve at the pleasure of the board of aldermen. Members may be removed at any time by a majority vote of the board of aldermen.

(Ord. No. 43, § 14, 1-20-1993; Ord. No. 44, § 8, 1-20-1993; Ord. No. 91, § 14, 5-21-2003; Ord. of 3-15-2006, § 1)

(a)

Generally. The accommodations review board shall consist of the members of the planning and zoning board and the chairperson shall be the chairperson of the planning and zoning board. All members of the accommodations review board are subject to chapter 58, article II, division 3, section 58-187 and article III, section 58-217.

(b)

Duties, responsibilities and meetings. The accommodations review board shall be responsible for reviewing requests for a reasonable accommodation and granting or denying reasonable accommodations as described below. The chair, or, in his or her absence, the acting chair, may administer oaths and compel the attendance of witnesses. The accommodations review board shall hold meetings as needed for the conduct of its business, and may establish rules and regulations for the performance of its duties. Such meetings will generally be held before or after regular meetings of the planning and zoning board. A majority of the regular membership of the accommodations review board shall constitute a quorum. A quorum must be present to convene a meeting and to take action.

(c)

Purpose. The city, pursuant to the Fair Housing Amendments Act of 1988 ("FHAA") 42 U.S.C. § 3601 et seq., as amended, and the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101 et seq., as amended, intends to provide persons with a disability with reasonable accommodations in the city's zoning, subdivision, building code, fire code, and other regulations, policies, practices, and procedures when it is necessary to eliminate barriers to housing opportunities to ensure a person with a disability has an equal opportunity to use and enjoy a dwelling.

(d)

Applicability.

(1)

The provisions of this article apply to residential uses that will be used by persons with disabilities.

(2)

The reasonable accommodation granted shall be considered personal to the individual(s) and shall not run with the land. If the structure or property impacted by the reasonable accommodation is sold. or otherwise changes ownership, a reasonable accommodation granted to the previous owner is not transferable to the new owner. Notwithstanding, the reasonable accommodation shall be in force and effect as long as the person(s) or group of persons with disabilities for whom the reasonable accommodation was sought resides in the structure or on the property that is the subject of the reasonable accommodation.

(3)

Nothing in this article will require the city to expend any funds to achieve a reasonable accommodation except and to the extent required by state or federal law.

(4)

Nothing in this article will alter a person with disabilities' obligation to comply with other applicable federal, state and city regulations.

(e)

Definitions.

Person with disabilities, for the purposes of this article, has the meaning set forth in the federal Fair Housing Act and the Americans with Disabilities Act, as amended.

Reasonable accommodation (inclusive of modification) means the act of making a dwelling unit or housing facility readily accessible to and usable by a person with disabilities, through the removal of constraints imposed by the city's requirements.

Requirement means a provision of the city ordinance or resolution or an administrative policy, program or procedure.

(f)

Method of submitting a request for a reasonable accommodation; fees; confidentiality.

(1)

A request for a reasonable accommodation may be submitted by any person(s), his or her representative, a developer, or provider of housing for persons with disabilities.

(2)

A request for a reasonable accommodation may be submitted at any time that the reasonable accommodations may be necessary to ensure equal access to housing.

(3)

A request for a reasonable accommodation should be submitted in writing to the city planning director on a form provided by the planning department:

a.

There is no fee for an application requesting a reasonable accommodation.

b.

The city will retain any information identified by an applicant as confidential in compliance with applicable law and will not disclose the information unless required by law.

c.

If an individual needs assistance in making a request for a reasonable accommodation, the city's planning department will provide assistance to ensure that the application process is accessible to the individual.

(g)

Application. An applicant shall submit the following information before an application for a reasonable accommodation is considered to be complete:

(1)

The applicant's name, mailing address, street address, telephone number, and e-mail address.

(2)

The applicant's relation to the individual or individuals with a disability, if applicable.

(3)

The address of the property to which the requested reasonable accommodation would apply.

(4)

If the disability is not obvious, information substantiating that the individual or group of individuals who would obtain the benefit of the reasonable accommodation are disabled.

(5)

The city requirement(s) from which a reasonable accommodation is being requested.

(6)

If the need for the reasonable accommodation is not readily apparent, a brief explanation of why the requested reasonable accommodation is necessary for the individual or individuals with disabilities to have equal access to housing.

(h)

Review of application for reasonable accommodation; required findings; appeals.

(1)

Upon receipt of a complete application for a reasonable accommodation, the accommodation review board ("board"), shall review the application and issue a ruling that grants, grants with conditions, or denies the application.

(2)

The board shall hear and consider evidence offered by any interested person. The board's decision must be by a majority vote.

(3)

The board may impose reasonable conditions on any reasonable accommodation granted consistent with the purpose of this article.

(4)

The board's decision must be consistent with the FHAA and the determination of whether a request for an accommodation is reasonable is based on a consideration of the following factors:

a.

Whether the housing that is the subject of the request will be used by one or more individuals with a disability.

b.

Whether the requested accommodation is necessary to make specific housing available to one or more individuals with a disability.

c.

Whether the requested accommodation would impose an undue financial or administrative burden to the city.

d.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city requirement.

(5)

The accommodation review board's decision is subject to the board of alderman's approval and may be appealed to the board of alderman. The board of alderman shall have the ultimate power to override, ratify, amend, grant or reject any decision or recommendation from the board.

(6)

Nothing herein shall prohibit the applicant, or persons on whose behalf a specific application was filed, from reapplying for a reasonable accommodation based on additional grounds or changed circumstances. Nor shall these provisions be construed to affect in any way the rights of a person to challenge the denial of a request for reasonable accommodation as violating the Fair Housing Act, the ADA or any other applicable state, federal or local law.

(Ord. No. 58-188, § 1, 4-15-2025)