A.

Applicability.

1.

The provisions of this section apply to all proposed LCD and major development in Stuart.

2.

Nothing in this section shall be construed as relieving a developer of any requirement relating to concurrency in chapter IV of this Code.

B.

Improvements required. The approval of any LCD or major development plan document shall be subject to the developer providing assurance that all required improvements, including, but not limited to, storm drainage facilities, streets and highways, water and sewer lines, shall be satisfactorily constructed according to the approved plan. The following information and agreements shall be provided:

1.

Agreement that all improvements, whether required by this Code or constructed at the developer's option, shall be constructed in accordance with the standards and provisions of this Code.

2.

The term of the agreement indicating that all required improvements shall be satisfactorily constructed within the period stipulated. In no event shall the term exceed five years from the approval of the plan document or 30 percent occupancy of the development, whichever comes first.

3.

The projected total cost for each improvement, and the contingent removal of the same. Cost for construction shall be determined by either of the following:

a.

A certified estimate prepared and provided by the applicant's engineer, subject to review by the City Engineer prior to final acceptance; or

b.

A copy of the executed construction contract.

4.

Specification of the public Improvements to be made and dedicated together with the timetable for making improvements.

5.

Agreement that upon failure of the applicant to make required improvements (or to cause them to be made) according to the schedule for making those improvements, the City shall utilize the security provided in connection with the agreement

6.

Provision of the amount and type of security provided to ensure performance.

7.

Provision that the amount of the security may be reduced, in part or in whole, at the reasonable discretion of the city development director anytime, subsequent to the completion, inspection and acceptance of Improvements by the City.

C.

Amount and type of security.

1.

The amount of the security listed in the improvement agreement shall be approved as adequate by the Public Works Director.

2.

Security requirements may be met by, but are not limited to, the following:

a.

Cashier's check.

b.

Certified check.

c.

Developer/lender/city agreement.

d.

Interest bearing certificate of deposit.

e.

Irrevocable letter of credit.

f.

Surety bond.

3.

The amount of security shall be 110 percent of the total construction costs and total removal and restoration costs for the required developer installed improvements. The amount of security may be reduced commensurate with the completion and final acceptance of required Improvements. In no case, however, shall the amount of the bond be less than 110 percent of the cost of completing the remaining required improvements.

D.

Completion of improvements.

1.

When improvements are completed, final inspection shall be conducted and corrections, if any, shall be completed before final acceptance is made by the Public Works Director. Final acceptance shall be made prior to the issuance of a certificate of completion.

E.

Maintenance of improvements; public and private.

1.

A maintenance agreement and security shall be provided to assure the City that all required improvements shall be maintained by the developer according to the following requirements:

a.

For any improvements which are not dedicated, the maintenance period shall be until the condominium or owners' association takes over the responsibility for maintenance.

b.

For any improvements which are dedicated to the public or the City, the maintenance period shall be for a period of three years, beginning with the written acceptance by City of the improvements.

c.

The security during the maintenance period shall be in the amount of 100 percent of the estimated maintenance costs.

d.

The original agreement shall be maintained by the Public Works Director.

2.

Whenever a proposed development provides for the construction of facilities or improvements which are not proposed for dedication to the City a legal entity shall be created to be responsible for the ownership and maintenance of such facilities and/or improvements.

a.

When the proposed development is to be organized as a condominium under the provisions of Chapter 718, Florida Statutes, common facilities and property shall be conveyed to the condominium's association pursuant to that law.

b.

When no condominium is to be organized, an owners' association shall be created, and all common facilities and property shall be conveyed to and maintained by that association.

c.

No certificate of occupancy shall be issued for a development for which an owners' association is required until the documents establishing such association have been reviewed and approved by the City Attorney.

An organization established for the purpose of owning and maintaining common facilities not proposed for dedication to the City shall be created by covenants running with the land. Such covenants shall be included with the final plat. Such organization shall not be dissolved nor shall it dispose of any common facilities or open space by sale or otherwise without first offering to dedicate the same to the City of Stuart.

(Ord. No. 2525-2024, § 2(Exh. A), 3-24-24)

A.

Existing land uses, structures or parcels which are inconsistent with the character, natural resources, and Stuart Comprehensive Plan shall be eliminated upon redevelopment. Historic and archaeological resources as identified in the housing element of the Stuart Comprehensive Plan are deemed to be consistent with the character of the City, its natural resources, and the Stuart Comprehensive Plan and are therefore considered to be conforming development. Any previously approved development application with an unexpired timetable or any previously completed improvement made on a parcel prior to September 4, 2024, shall be deemed conforming so long as it remains in compliance with any conditions of approval.

B.

An exception to the elimination of nonconforming uses, structures and parcels, may be granted by the City Commission, for good cause shown, if all three of the following conditions are met:

1.

An existing nonconforming structure, or conforming structure with nonconforming use, is destroyed by accident or act of God; and

2.

The majority of landowners within a 300-foot radius support the rebuilding of the structure to its prior state; and

3.

The rebuilding or reuse does not pose a detriment to the public health, safety or welfare.

(Ord. No. 2525-2024, § 2(Exh. A), 3-24-24; Ord. No. 2539-2025, § 2, 4-16-25)

Editor's note— Ord. No. 2539-2025, § 2, adopted April 16, 2025, amended the title of 8.04.00 to read as herein set out. The former 8.04.00 title pertained to nonconforming lots caused by eminent domain proceedings.

The purpose of this section is to provide mechanisms for obtaining relief from the provisions of this Code where hardship would otherwise occur. Two forms of hardship are addressed:

(1)

Part 8.03.00 addresses hardship that would be caused if nonconforming development were required to immediately come into compliance with this Code; and

(2)

Part 8.04.00 addresses the hardship that may be caused in particular cases by the imposition of the Code's development design standards.

As used in this section, a use shall be deemed "discontinued" if all activities related to such use have ceased for a continuous period of 365 days or more regardless of the intent of the property owner, lessee or other person in charge of the property on which the use was located. The determination that a use has ceased shall be made by the City Development Director who shall consider, among other things, the consumption of utility services at the property, payment of the local business tax, and advertising to the public of any activities on the property. The intent of the owner, or occupant of the property regarding the cessation of the use by the user, as required by law for "abandonment" of a nonconforming use, is not relevant to the determination of whether or not a use has been discontinued.

A.

Nonconforming uses shall be permitted to continue, subject to the following:

1.

The lawful use of a structure existing on September 4, 2024, may be continued although such use within the structure does not conform to the provisions of the chapter; and such use may be extended throughout the building; provided no structural alterations, except those required by law or ordinance, or ordered by an authorized officer to assure the safety of the structure, are made therein. No such use shall be extended to occupy any land outside the existing structure.

2.

If a lawful use of a nonconforming use is discontinued for a continuous period of 365 days or more, every future use of the real property upon which such structure of use existed shall be in conformity with the provisions of this chapter. If a lawful use of a nonconforming use is discontinued for a continuous period of 180 days, safety inspections to determine compliance with applicable building and fire codes are required for any future lawful use.

3.

In those instances when structural additions or modifications are proposed to one- and two-family residential nonconforming structures, no variance shall be required to construct additions or modifications, which, by virtue of the proposed structural addition or modification, would otherwise be rendered illegal. This exemption from the variance requirement shall be available only to those proposed structural additions or modifications which meet all current code requirements.

4.

The lawful use of land existing on September 4, 2024, although such use does not conform to the provisions of this chapter, may be continued; provided, however, that no such nonconforming use shall be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use at the time of the passage of this chapter. If such nonconforming use is discontinued for a continuous period of not less than 365 days, any future use of said land shall be in conformity with the provisions of this chapter. Provided, however, that where land is located and such use is not an accessory to the use of the main building located on the same parcel or grounds, such nonconforming use of land shall be discontinued and all material completely removed by its owner not later than three years from September 4, 2024.

5.

If no structural alterations are made, a nonconforming use may be changed to a use of the same or higher classification according to the provisions of this chapter. When a district shall hereafter be changed, any then existing nonconforming use in such changed district may be continued or changed to a use of a similar or higher classification, provided all other regulations governing the new use are complied with. Whenever a nonconforming use of a building has been discontinued or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a nonconforming use of a lower classification.

6.

A nonconforming building destroyed to more than 50 percent of its assessed value shall not be reconstructed except in accordance with the provisions of this Code. Notwithstanding the foregoing, a multi-family building so destroyed containing four or more dwelling units that is nonconforming because of density may be reconstructed to contain the same number of dwelling units as originally constructed. A nonconforming building destroyed by a declared natural disaster to less than 50 percent of its assessed value may be reconstructed as originally constructed.

(Ord. No. 1318-93, 10-11-93; Ord. No. 2539-2025, § 2, 4-16-25)

B.

Nonconforming lots of record shall be permitted to continue, subject to the following:

1.

Where a lot has an area or width or both, less than the minimum set out in Section 2.04.00, and was a lot of record on March 25, 1968 (Ord. No. 425), said lot may be occupied by a single-family dwelling and its accessory buildings; provided the lot conforms with the minimum lot area and width requirements of the next lower residential district Such lots shall conform to all other design requirements of the zoning district in which the property is physically located. In the case of an R-3 district, with regard to lots which have an area or width less than the minimum set out in section 2.04.00, and which were lots of record on April 18, 1980 (Ord. No. 880), said lots may be occupied by a single-family dwelling and its accessory buildings; provided the lots conform to the following minimum yard requirements:

This provision shall only apply to single vacant lots of record and not to adjoining lots of record under single ownership.

(Ord. No. 1781-01, § 1, 5-21-01; Ord. No. 2525-2024, § 2(Exh. A), 3-24-24)

All nonconforming uses of land shall be discontinued, and all nonconforming vacant structures shall be torn down, altered, or otherwise made to conform with the use provisions of this chapter within the following periods of time from July 23, 1990.

A.

Time periods.

1.

Vacant structures: One year (by July 24, 1991).

2.

A nonconforming use only within an accessory building: Three years (by July 24, 1993).

3.

A nonconforming use within an existing conforming structure: Six months from the discontinuance of the nonconforming use.

B.

Exceptions. The strict application of the above provision is to be tempered in the case of historic, archaeological or architectural resources deemed by the City Development Director to be eligible for designation pursuant to the local historic preservation ordinance. Such resources shall include those identified in the housing element of the comprehensive plan.

(Ord. No. 2525-2024, § 2(Exh. A), 3-24-24)

The condemnor or condemnee in an eminent domain proceeding may apply to the City Development Director for a certificate of conformity relative to a remainder parcel which has or will be created as a result of the eminent domain proceedings. The application shall include the following:

A.

An application fee as established by resolution of the City Commission from time to time.

B.

The name and address of the owner of the remainder parcel.

C.

The name and address of the condemnor including the name and address of the condemnor's representative.

D.

Evidence of the institution of eminent domain proceedings.

E.

A diagram of the property subject to the eminent domain proceeding at a scale of not less than one inch = 30 feet, showing the location of all structures and improvements on the property and the extent of the condemnor's acquisition.

F.

The legal description of the remainder parcel which has or will become a nonconforming parcel.

G.

A proposed site plan for the redevelopment of the remainder parcel.

(Ord. No. 2525-2024, § 2(Exh. A), 3-24-24; Ord. No. 2539-2025, § 2, 4-16-25)

The City Manager shall cause a certificate of conformity to be issued, If the following standards are met:

A.

The application filed is complete, all fees have been paid, and all facts contained in the application have been independently verified or confirmed.

B.

Severance or business damages relative to the remainder parcel will be reduced by the issuance of the certificate of conformity.

C.

A development plan for the remainder parcel has been prepared, and approved by the City Development Director which minimizes the nonconformities caused by the eminent domain proceedings, and which is otherwise consistent with all requirements of the land development regulations of the City.

D.

The remainder parcel can reasonably and economically function if developed in accordance with the development plan described herein.

E.

In the event that the City Manager determines that the remainder parcel cannot reasonably and economically function if developed, the applicant may appeal the decision as provided for appeals from administrative departments in Section 8.07.00.

(Ord. No. 2525-2024, § 2(Exh. A), 3-24-24)

A certificate of conformity issued pursuant to this section shall automatically expire 60 months from the date of issuance unless development of the remainder parcel in accordance with the approved development plan has commenced within said 60-month period.

A.

Local Planning Agency. The Local Planning Agency's bylaws and administration for the board can be found in Chapter 2, Article III of the City's Code of Ordinances.

B.

Granted by Local Planning Agency. The Local Planning Agency may grant a variance from the strict application of the following dimensional requirements of the City's Land Development Code and the City's Code of Ordinances: Subsection 2.04.00 regarding parcel area requirements and minimum yard setbacks; Section 6.09.00 regarding setbacks, building separation and heights for accessory structures; Section 6.03.02 regarding finished floor elevation; Section 6.09.05, regarding fences, walls, hedges and enclosures; and Section 6.09.04 regarding setback requirements for location of swimming pools.

C.

Variances to be considered as part of the plan document review. Any person desiring to undertake a development activity not in conformance with this Code may apply for a variance in conjunction with the application for plan document review. A development activity pursuant to the provisions set forth in subsection A. above that might otherwise be approved by the director must be approved by the Local Planning Agency if a variance is sought. The variance shall be granted or denied in conjunction with the application for plan document review. In granting a variance, the Local Planning Agency may prescribe appropriate conditions and safeguards.

D.

Administrative variances by City Development Director. The City Development Director may grant minor variances from this Code pursuant to this Section.

(Ord. No. 1831-02, § 1, 3-18-02; Ord. No. 1860-02, § 2, 5-20-02; Ord. No. 1841-02, § 6, 6-10-02; Ord. No. 2525-2024, § 2(Exh. A), 3-24-24; Ord. No. 2539-2025, § 2, 4-16-25)

A.

Initial determination. The Local Planning Agency shall have the power to authorize in specific cases such variances from the provisions set forth herein, which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of certain parts of this Code will, in an individual case, result in unnecessary hardship, so that the spirit of the code shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such case of unnecessary hardship upon the following findings by the Local Planning Agency.

B.

Required findings. The need for the proposed variance is attributable to unique characteristics of the property either as to the land or as to any improvements thereon, or both, and the proposed variance, if granted, will not:

1.

Authorize any use of the property that is not allowed as a permitted use or a use allowed by conditional use in the district in which the property is located; and

2.

Allow a density or intensity of use that exceeds the maximum density or intensity that is permitted in the district in which the property is located; and

3.

Result in a verifiable reduction of the property values of any adjacent or nearby properties; and

4.

Cause a detrimental effect in the supply of light and air to adjacent properties; and

5.

Cause a detrimental effect with respect to drainage of the subject property as well as adjacent properties; and

6.

Cause an increase of traffic on adjacent or nearby roads to levels that are not usual for the types of uses in the neighborhood; and

7.

Cause any threat to public safety in any manner whatsoever; and

8.

Cause any threat to the health or general welfare of the Inhabitants of the city.

C.

A variance shall not be granted that exceeds the minimum variance to the strict application of the provisions of this Code necessary to alleviate the unnecessary hardship.

(Ord. No. 2525-2024, § 2(Exh. A), 3-24-24; Ord. No. 2539-2025, § 2, 4-16-25)

A.

Manner of notice. A variance hearing scheduled before the Local Planning Agency shall be preceded by notice mailed by regular U.S. mail to the owners of all real property any portion of which is located within 300 lineal feet of the boundary of the subject property. The identity of the owners of such properties and their addresses shall be determined by reference to the latest tax rolls of Martin County, Florida, maintained for purposes of ad valorem taxation. Notice shall also be posted on the subject property.

B.

Time of notice. Notice shall be placed in the regular U.S. mail and posted on the subject property by the applicant not less than 15 days prior to the date of the public hearing to be held by the Local Planning Agency at which the matter will be considered.

C.

Content of mailed notice. The content of a mailed notice shall include the following information:

1.

The substance of the variance application generally describing the nature of the proposed use;

2.

The time, date and place of the meeting of the local planning agency at which the matter will be considered;

3.

The right of the public to be heard by the Local Planning Agency regarding the proposed variance;

4.

The times and places for public inspection of the application for the variance; and

5.

A map depicting the real property for which the variance is sought.

D.

Content of posted notice. Posted notice shall be in substantially the following form:

NOTICE

VARIANCE HEARING

ON ________, 20___

AT ___:___ P.M.

STUART CITY HALL

121 S.W. FLAGLER AVE.

QUESTIONS?

CALL CITY DEVELOPMENT DEPARTMENT

(772) 288-5326

E.

Affidavit of mailing and posting. An affidavit of the applicant shall be filed with the City Development Department or submitted to the board at the hearing that the required notice has been provided.

F.

The rules for any hearing before the Local Planning Agency are set forth in Chapter 2, Article III of the City's Code of Ordinances and Chapter 11 of the City's Land Development Code.

(Ord. No. 2525-2024, § 2(Exh. A), 3-24-24; Ord. No. 2539-2025, § 2, 4-16-25)

A.

Authority. The City Development Director is hereby granted the power and authority to vary the Land Development Code of the City, only as provided herein. Generally, this procedure is to provide for an efficient and effective review and approval process for certain minor aspects of development in the City. Pursuant to the following, the City Development Director may review and approve, approve with conditions, or deny:

1.

Yard setbacks. Any yard setback variance request which does not exceed 110 percent of the code requirement. (For example: where a rear yard setback is 15 feet, and the variance request doesn't exceed 1.5 feet of relief, or conversely stated, a reduction to a 13.5-foot setback.)

2.

Fences, walls and hedges. Any variance request for a fence, wall or hedge height or location, or other buffer screening matter.

3.

Green development.

a.

In the context of this section a building or development that meets the criteria set out in section 6.06.00, "Green development" of this Code qualifies for any or all of the following additional administrative variances:

(1)

Yard setback area. A variance to position the principal building within a yard setback area to an extent no greater than ten percent of the square footage of the principal building footprint to a maximum of 500 square feet.

(2)

Stormwater. Subject to the design approval of the city engineer, up to 100 percent of stormwater runoff may be stored in underground storage structures for irrigation, cooling, or other appropriate reuse.

(3)

Driveway width. Subject to the design approval of the City Fire Chief, the minimum width for a two-way residential driveway may be reduced to 18 feet provided any parking is restricted to one side of the driveway only.

(4)

Architectural design. Subject to the design approval of the City Development Director, a variance may be granted to depart from the strict architectural and building materials, design and location standards as contained in Sections 3.01.04, 3.03.00 and 6.05.00 in order to utilize architectural and design features that are consistent with green building principles and are required in order to facilitate compliance with green development criteria.

4.

Other minor land development code variances.

a.

Any other minor land development code variance which is minor in nature affecting the type, location, size, or area, including, but not limited to, drainage structures, easements, slab or foundation footers, marine construction, flood elevation, curbing and curb-cuts, road medians, solid waste or recycle containers, principal or accessory structures or parcels, signage, landscape, lighting, parking, driveways, or utilities.

b.

A minor land development code variance is one in which the requested change:

(1)

Does not increase or enlarge the density, intensity of use; or

(2)

Does not increase or enlarge the building footprint by more than five percent; or

(3)

Does not violate the scope and intent of a previous approval for the property by the city commission.

5.

Time extensions. A one-time extension of 180 days or less to an originally approved timetable of development may be granted upon good cause shown.

B.

Further approval authority. When authority to do so is conferred by the City Commission as a condition of zoning approval, plat approval, or development plan approval, the City Development Director may approve, approve with conditions or deny any plan document modification.

C.

City Commission intent. By adopting this section, the City Commission intends that the City Development Director shall use the provisions of this section of the Code as a guide. Because the nature of the variances permitted herein is minor, strict adherence to the hardship requirements for a code variance granted by the Local Planning Agency shall not pertain, and the City Development Director shall be free to use reasonableness, as well as an awareness of community needs and aesthetics, in addition to the criteria expressed herein, as a basis for all decisions.

D.

Nonexclusivity. It is intended that this section shall be non-exclusive in nature.

1.

The City Development Director may defer any application for administrative variance which would otherwise qualify for consideration by the Local Planning Agency, or City Commission, as applicable, if such deferral is based upon a reasonable determination that the variance sought does not meet the criteria for an administrative variance. Any application so deferred shall be processed as a new application, and shall meet all land development code requirements for such application, including applicable fees, public notice, and all other submittal requirements.

E.

Appeal of an administrative variance. An applicant may appeal a denial of an administrative variance, as provided in this chapter.

(Ord. No. 2525-2024, § 2(Exh. A), 3-24-24; Ord. No. 2539-2025, § 2, 4-16-25)

Except as provided in the Land Development Code, enforcement of the provisions of the Land Development Code shall be as described in chapters 1 and 2 of the City Code of Ordinances.

A.

Penalties for violation of the Florida Building Code. Any person or entity, including any licensed or unlicensed contractor, who knowingly and willfully performs, or causes to be performed, any construction or development activity, without a permit as required by the city building code shall be subject to the following penalties:

1.

A fine of $500.00 for any first violation of the Florida Building Code.

2.

A fine of $1,000.00 for any second violation of the Florida Building Code.

3.

Upon the commission of three or more violations of the Florida Building Code by the same person or entity, the building official may deny the issuance of any further building permits, and forward the matter to the appropriate county and state agencies for disciplinary action.

Notwithstanding the above, all other remedies available to the city shall be preserved, including referral to the code enforcement magistrate, and the filing of appropriate legal actions in the county and circuit courts of the state.

A property owner, developer or adversely affected person may appeal a final decision of any administrative department, including the City Manager, by requesting a hearing on the matter. The hearing shall be before the City Commission by filing a "notice of appeal and request for hearing" with the City Clerk within 30 days of the written rendering of the administrative decision.

(Ord. No. 2525-2024, § 2(Exh. A), 3-24-24)

The notice of appeal shall contain:

1.

A statement of the decision to be reviewed, and the date of the decision.

2.

A statement of the interest of the person seeking review.

3.

The specific error alleged as the grounds of the appeal.

4.

The facts of the case to be proven.

5.

The conclusion of law sought to be upheld.

1.

All appeals shall be in writing on forms prescribed by the City and accompanied by fees prescribed by the City Commission.

2.

The appealing party assumes the responsibility of all required notification procedures. A public hearing shall be set by the City Commission within 20 days of the date of receipt of notice unless otherwise agreed to by the parties to a later date

3.

The City Commission shall hear the matter, and shall have ten days from the date of the hearing to render a decision.

4.

The City Commission may affirm, reverse or modify in whole or in part a determination or requirement of the decision that is under review.

5.

The written order of the City Commission shall be submitted to the appellant and to the City Development Director and/or other administrative department involved in the appeal.

6.

All decisions rendered by the City Commission shall be final and binding on all parties.

(Ord. No. 2525-2024, § 2(Exh. A), 3-24-24)

Editor's note— Ord. No. 2525-2024, § 2(Exh. A), adopted March 24, 2024, repealed § 8.07.04, which pertained to administrative review by the board of adjustment and derived from Code of 2017, § 8.07.04.

Appeal by certiorari to the circuit court. Any person who appeared before the Local Planning Agency who is aggrieved by any decision of the board, may present to a circuit court a petition for issuance of a writ of certiorari, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. A petition for a writ of certiorari shall be filed in the manner and within the time provided by the Florida Appellate Rules. The filing of a petition for rehearing, as provided below, shall toll the time for the filing of a petition for writ of certiorari herein.

(Ord. No. 2525-2024, § 2(Exh. A), 3-24-24; Ord. No. 2539-2025, § 2, 4-16-25)

An appeal of a final determination of the City Commission shall be pursuant to the provisions of Section 11.03.14.

(Ord. No. 2525-2024, § 2(Exh. A), 3-24-24)

A.

Purpose. It is the policy of the City of Stuart, to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This ordinance establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

B.

Applicability.

Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, an opportunity to seek an exception in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities to accommodate a disability recognized by the Fair Housing Act or ADA.

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, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

C.

Requesting reasonable accommodation.

1.

Any eligible person as defined in section 2 may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

2.

Requests for reasonable accommodation shall be in writing and provide the following information:

(a)

Name and address of the individual(s) requesting reasonable accommodation;

(b)

Name and address of the property owner(s):

(i)

If the property is not owned by the applicant, a copy of the lease as well as written authorization from the owner to seek the accommodation;

(c)

Address of the property for which accommodation is requested;

(d)

Description of the requested accommodation with reference to the regulation(s), policy or procedure for which accommodation is sought; and

(e)

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

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 request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

D.

Reviewing authority.

1.

Requests for reasonable accommodation shall be reviewed using the criteria set forth in section 5.

2.

A written response to the request for reasonable accommodation shall be provided within 30 days of the date of receipt of the fully completed application and may either seek additional information, grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings. Note: Incomplete applications shall not be deemed submitted and will not be reviewed until complete.

3.

If necessary to reach a determination on the request for reasonable accommodation, the city may request further information from the applicant specifying in detail the information that is required. In the event that a request for additional information is made, a new response to the request shall be made within a reasonable time after receiving the requested information.

E.

Required findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and 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 make housing available to an individual with disabilities protected under the fair housing laws;

3.

Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction or would otherwise grant an undue benefit to the applicant that is not enjoyed by other landowners and;

4.

Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction's land use and zoning or building program.

F.

Written decision on the request for reasonable accommodation.

1.

The written decision on the request for reasonable accommodation shall address the criteria set forth in section 5 and provide a response to each item.

2.

The written decision may be provided to the applicant via email to the email address provided on the application.

3.

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.

G.

Appeals.

1.

An appeal of the decision must be filed within 30 days of the written decision and the applicant must follow the procedure as set forth in section 8.07.01; Appeals from decisions of administrative departments.

2.

If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.

3.

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