West Bountiful City Zoning Code

17.84 Group

Living Arrangements

17.84.010 Reasonable Accommodation

Purpose. The purpose of this chapter is to comply with the federal Fair Housing Act, Title II of the Americans with Disabilities Act, the Rehabilitation Act, the Utah Fair Housing Act, and any other federal or state law requiring necessary and reasonable accommodation for persons with a disability.
Interpretation. None of the requirements of this zoning ordinance shall be interpreted to limit any reasonable accommodation necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling as required by federal or state law. To the extent there is a conflict between the provisions of this zoning ordinance and federal or state law, the federal or state law shall govern.
Reasonable Accommodations Required. The City shall make reasonable accommodations in its rules, policies, practices, or services, when such accommodations may be necessary to afford persons with a disability equal opportunity to use and enjoy a dwelling.

HISTORY
Adopted by Ord. 374-15 on 11/18/2015
Amended by Ord. 415-19 on 5/9/2019

17.84.020 Reasonable Accommodation Process

Application. Any person or entity desiring an accommodation from any of the provisions of the zoning ordinance or any of the City's rules, policies, practices, or services shall make a written application to the zoning administrator. Each application shall specify, with supporting attachments and exhibits, the following:
1. The name, mailing address, and phone number of the applicant(s);
2. The address of the property to which the accommodation will be applied;
3. The precise ordinance, rule, policy, practice or procedure from which the applicant seeks accommodation;
4. Evidence of the nature and extent of the disability;
5. A description of the applicant's requested or proposed accommodation;
6. Evidence demonstrating why the accommodation is necessary to afford persons with a disability equal opportunity to use and enjoy a dwelling;
7. Evidence demonstrating why the accommodation is reasonable; and
8. All other evidence necessary for the findings set forth in Section 17.84.020.E.3.
Appointment of Hearing Officer. Within ten (10) business days after the zoning administrator's receipt of the accommodation application, the city shall appoint a neutral hearing officer with demonstrated experience as a hearing officer and knowledge of the federal Fair Housing Act, Title II of the American's with Disabilities Act, the Rehabilitation Act, and the Utah Fair Housing Act to review the request for accommodation.
City Response to Application. Within ten (10) business days after the hearing officer's appointment, the city shall transmit to the applicant and the hearing officer its written response to the accommodation application. The city's response shall include the city's position, if any, on the applicant's compliance with the accommodation application requirements and may include a staff report, discussion of any relevant provisions of law, and any other information or evidence relevant to the application and the findings set forth in Section 17.84.020.E.3.
Applicant Reply. Within five (5) days after the city's response to the application under Section 17.84.020.C, the applicant may submit to the zoning administrator and the hearing officer a written reply, addressing any items or issues raised in the city's response to the application.
Hearing Officer Review.
1. Notice of hearing. Within five (5) days after receiving the applicant's reply or expiration of the reply period in Section 17.84.020.D, whichever occurs first, the hearing officer shall provide written notice to the applicant and the city of the date, time, and location of the informal hearing on the application, which hearing shall be held no later than fourteen (14) days from the date of such notice, unless otherwise mutually agreed by the applicant and city. The city shall ensure that notice of the hearing is provided to the public in compliance with the requirements for public meetings under the Utah Open and Public Meetings Act.
2. Hearing procedures. The hearing officer shall preside at the informal hearing. The hearing officer may direct the order and presentation of evidence and witnesses and determine all hearing procedures. The hearing shall give the applicant, the city, and any other interested persons a reasonable opportunity to be heard on matters pertaining to the application. It is the applicant's burden to demonstrate that the accommodation is necessary and reasonable under the standards and definitions set forth in federal and state law, including federal and state case law.
3. Findings. Within fourteen (14) days after the final hearing, the hearing officer shall issue and serve the applicant and city with a written decision on the accommodation application. The hearing officer may either grant, grant with modifications or conditions, or deny a request for accommodation. The hearing officer may grant an accommodation only upon a finding that all of the following have been established:
  1. The housing, which is the subject of the request for accommodation, will be used by a person with a disability.
  2. The requested accommodation is necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling.
  3. The requested accommodation is reasonable, including the following:
    1. The requested accommodation will not impose an undue financial or administrative burden on the city; and
    2. The requested accommodation will not (a) be a fundamental alteration in the nature of or departure from the city's land use, zoning or building programs, and (b) be fundamentally incompatible with surrounding land uses or change the residential character of a neighborhood.
  4. The requested accommodation will not result in a dwelling being made available to an individual whose occupancy would constitute a direct threat to the health or safety of other individuals or whose occupancy would result in substantial physical damage to the property of others.
4. Other considerations. The hearing officer may weigh and consider any other relevant considerations under federal or state law, impose any necessary or reasonable conditions upon the granting of an accommodation request as the circumstances dictate or allow, receive and consider evidence or written submissions from the public or any interested persons, require additional written submissions from the city or applicant, and reasonably extend or modify any of the deadlines contained in this chapter with the exception of the deadline for filing appeals, which shall not and may not be extended.
Other Laws/Effect of Decision. While a request for accommodation is pending, all laws and regulations otherwise applicable to the applicant or the property that is the subject of the request shall remain in full force and effect. The written decision of the hearing officer shall constitute a final, appealable decision. Any reasonable accommodation shall be personal to the applicant, shall not be deemed a variance, and shall not run with the land.
Appeal. Any person or party aggrieved or adversely affected by the decision of the hearing officer may appeal the hearing officer's decision by filing a petition for review of the decision with the district court within thirty (30) days after the date of the written decision. The review of all such appeals shall be based upon the record presented to the hearing officer and shall not be de novo.

HISTORY
Adopted by Ord. 374-15 on 11/18/2015
Amended by Ord. 415-19 on 5/9/2019

374-15

415-19

West Bountiful City Zoning Code

17.84 Group

Living Arrangements

17.84.010 Reasonable Accommodation

Purpose. The purpose of this chapter is to comply with the federal Fair Housing Act, Title II of the Americans with Disabilities Act, the Rehabilitation Act, the Utah Fair Housing Act, and any other federal or state law requiring necessary and reasonable accommodation for persons with a disability.
Interpretation. None of the requirements of this zoning ordinance shall be interpreted to limit any reasonable accommodation necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling as required by federal or state law. To the extent there is a conflict between the provisions of this zoning ordinance and federal or state law, the federal or state law shall govern.
Reasonable Accommodations Required. The City shall make reasonable accommodations in its rules, policies, practices, or services, when such accommodations may be necessary to afford persons with a disability equal opportunity to use and enjoy a dwelling.

HISTORY
Adopted by Ord. 374-15 on 11/18/2015
Amended by Ord. 415-19 on 5/9/2019

17.84.020 Reasonable Accommodation Process

Application. Any person or entity desiring an accommodation from any of the provisions of the zoning ordinance or any of the City's rules, policies, practices, or services shall make a written application to the zoning administrator. Each application shall specify, with supporting attachments and exhibits, the following:
1. The name, mailing address, and phone number of the applicant(s);
2. The address of the property to which the accommodation will be applied;
3. The precise ordinance, rule, policy, practice or procedure from which the applicant seeks accommodation;
4. Evidence of the nature and extent of the disability;
5. A description of the applicant's requested or proposed accommodation;
6. Evidence demonstrating why the accommodation is necessary to afford persons with a disability equal opportunity to use and enjoy a dwelling;
7. Evidence demonstrating why the accommodation is reasonable; and
8. All other evidence necessary for the findings set forth in Section 17.84.020.E.3.
Appointment of Hearing Officer. Within ten (10) business days after the zoning administrator's receipt of the accommodation application, the city shall appoint a neutral hearing officer with demonstrated experience as a hearing officer and knowledge of the federal Fair Housing Act, Title II of the American's with Disabilities Act, the Rehabilitation Act, and the Utah Fair Housing Act to review the request for accommodation.
City Response to Application. Within ten (10) business days after the hearing officer's appointment, the city shall transmit to the applicant and the hearing officer its written response to the accommodation application. The city's response shall include the city's position, if any, on the applicant's compliance with the accommodation application requirements and may include a staff report, discussion of any relevant provisions of law, and any other information or evidence relevant to the application and the findings set forth in Section 17.84.020.E.3.
Applicant Reply. Within five (5) days after the city's response to the application under Section 17.84.020.C, the applicant may submit to the zoning administrator and the hearing officer a written reply, addressing any items or issues raised in the city's response to the application.
Hearing Officer Review.
1. Notice of hearing. Within five (5) days after receiving the applicant's reply or expiration of the reply period in Section 17.84.020.D, whichever occurs first, the hearing officer shall provide written notice to the applicant and the city of the date, time, and location of the informal hearing on the application, which hearing shall be held no later than fourteen (14) days from the date of such notice, unless otherwise mutually agreed by the applicant and city. The city shall ensure that notice of the hearing is provided to the public in compliance with the requirements for public meetings under the Utah Open and Public Meetings Act.
2. Hearing procedures. The hearing officer shall preside at the informal hearing. The hearing officer may direct the order and presentation of evidence and witnesses and determine all hearing procedures. The hearing shall give the applicant, the city, and any other interested persons a reasonable opportunity to be heard on matters pertaining to the application. It is the applicant's burden to demonstrate that the accommodation is necessary and reasonable under the standards and definitions set forth in federal and state law, including federal and state case law.
3. Findings. Within fourteen (14) days after the final hearing, the hearing officer shall issue and serve the applicant and city with a written decision on the accommodation application. The hearing officer may either grant, grant with modifications or conditions, or deny a request for accommodation. The hearing officer may grant an accommodation only upon a finding that all of the following have been established:
  1. The housing, which is the subject of the request for accommodation, will be used by a person with a disability.
  2. The requested accommodation is necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling.
  3. The requested accommodation is reasonable, including the following:
    1. The requested accommodation will not impose an undue financial or administrative burden on the city; and
    2. The requested accommodation will not (a) be a fundamental alteration in the nature of or departure from the city's land use, zoning or building programs, and (b) be fundamentally incompatible with surrounding land uses or change the residential character of a neighborhood.
  4. The requested accommodation will not result in a dwelling being made available to an individual whose occupancy would constitute a direct threat to the health or safety of other individuals or whose occupancy would result in substantial physical damage to the property of others.
4. Other considerations. The hearing officer may weigh and consider any other relevant considerations under federal or state law, impose any necessary or reasonable conditions upon the granting of an accommodation request as the circumstances dictate or allow, receive and consider evidence or written submissions from the public or any interested persons, require additional written submissions from the city or applicant, and reasonably extend or modify any of the deadlines contained in this chapter with the exception of the deadline for filing appeals, which shall not and may not be extended.
Other Laws/Effect of Decision. While a request for accommodation is pending, all laws and regulations otherwise applicable to the applicant or the property that is the subject of the request shall remain in full force and effect. The written decision of the hearing officer shall constitute a final, appealable decision. Any reasonable accommodation shall be personal to the applicant, shall not be deemed a variance, and shall not run with the land.
Appeal. Any person or party aggrieved or adversely affected by the decision of the hearing officer may appeal the hearing officer's decision by filing a petition for review of the decision with the district court within thirty (30) days after the date of the written decision. The review of all such appeals shall be based upon the record presented to the hearing officer and shall not be de novo.

HISTORY
Adopted by Ord. 374-15 on 11/18/2015
Amended by Ord. 415-19 on 5/9/2019

374-15

415-19

West Bountiful City Zoning Code

17.84 Group

Living Arrangements

17.84.010 Reasonable Accommodation

Purpose. The purpose of this chapter is to comply with the federal Fair Housing Act, Title II of the Americans with Disabilities Act, the Rehabilitation Act, the Utah Fair Housing Act, and any other federal or state law requiring necessary and reasonable accommodation for persons with a disability.
Interpretation. None of the requirements of this zoning ordinance shall be interpreted to limit any reasonable accommodation necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling as required by federal or state law. To the extent there is a conflict between the provisions of this zoning ordinance and federal or state law, the federal or state law shall govern.
Reasonable Accommodations Required. The City shall make reasonable accommodations in its rules, policies, practices, or services, when such accommodations may be necessary to afford persons with a disability equal opportunity to use and enjoy a dwelling.

HISTORY
Adopted by Ord. 374-15 on 11/18/2015
Amended by Ord. 415-19 on 5/9/2019

17.84.020 Reasonable Accommodation Process

Application. Any person or entity desiring an accommodation from any of the provisions of the zoning ordinance or any of the City's rules, policies, practices, or services shall make a written application to the zoning administrator. Each application shall specify, with supporting attachments and exhibits, the following:
1. The name, mailing address, and phone number of the applicant(s);
2. The address of the property to which the accommodation will be applied;
3. The precise ordinance, rule, policy, practice or procedure from which the applicant seeks accommodation;
4. Evidence of the nature and extent of the disability;
5. A description of the applicant's requested or proposed accommodation;
6. Evidence demonstrating why the accommodation is necessary to afford persons with a disability equal opportunity to use and enjoy a dwelling;
7. Evidence demonstrating why the accommodation is reasonable; and
8. All other evidence necessary for the findings set forth in Section 17.84.020.E.3.
Appointment of Hearing Officer. Within ten (10) business days after the zoning administrator's receipt of the accommodation application, the city shall appoint a neutral hearing officer with demonstrated experience as a hearing officer and knowledge of the federal Fair Housing Act, Title II of the American's with Disabilities Act, the Rehabilitation Act, and the Utah Fair Housing Act to review the request for accommodation.
City Response to Application. Within ten (10) business days after the hearing officer's appointment, the city shall transmit to the applicant and the hearing officer its written response to the accommodation application. The city's response shall include the city's position, if any, on the applicant's compliance with the accommodation application requirements and may include a staff report, discussion of any relevant provisions of law, and any other information or evidence relevant to the application and the findings set forth in Section 17.84.020.E.3.
Applicant Reply. Within five (5) days after the city's response to the application under Section 17.84.020.C, the applicant may submit to the zoning administrator and the hearing officer a written reply, addressing any items or issues raised in the city's response to the application.
Hearing Officer Review.
1. Notice of hearing. Within five (5) days after receiving the applicant's reply or expiration of the reply period in Section 17.84.020.D, whichever occurs first, the hearing officer shall provide written notice to the applicant and the city of the date, time, and location of the informal hearing on the application, which hearing shall be held no later than fourteen (14) days from the date of such notice, unless otherwise mutually agreed by the applicant and city. The city shall ensure that notice of the hearing is provided to the public in compliance with the requirements for public meetings under the Utah Open and Public Meetings Act.
2. Hearing procedures. The hearing officer shall preside at the informal hearing. The hearing officer may direct the order and presentation of evidence and witnesses and determine all hearing procedures. The hearing shall give the applicant, the city, and any other interested persons a reasonable opportunity to be heard on matters pertaining to the application. It is the applicant's burden to demonstrate that the accommodation is necessary and reasonable under the standards and definitions set forth in federal and state law, including federal and state case law.
3. Findings. Within fourteen (14) days after the final hearing, the hearing officer shall issue and serve the applicant and city with a written decision on the accommodation application. The hearing officer may either grant, grant with modifications or conditions, or deny a request for accommodation. The hearing officer may grant an accommodation only upon a finding that all of the following have been established:
  1. The housing, which is the subject of the request for accommodation, will be used by a person with a disability.
  2. The requested accommodation is necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling.
  3. The requested accommodation is reasonable, including the following:
    1. The requested accommodation will not impose an undue financial or administrative burden on the city; and
    2. The requested accommodation will not (a) be a fundamental alteration in the nature of or departure from the city's land use, zoning or building programs, and (b) be fundamentally incompatible with surrounding land uses or change the residential character of a neighborhood.
  4. The requested accommodation will not result in a dwelling being made available to an individual whose occupancy would constitute a direct threat to the health or safety of other individuals or whose occupancy would result in substantial physical damage to the property of others.
4. Other considerations. The hearing officer may weigh and consider any other relevant considerations under federal or state law, impose any necessary or reasonable conditions upon the granting of an accommodation request as the circumstances dictate or allow, receive and consider evidence or written submissions from the public or any interested persons, require additional written submissions from the city or applicant, and reasonably extend or modify any of the deadlines contained in this chapter with the exception of the deadline for filing appeals, which shall not and may not be extended.
Other Laws/Effect of Decision. While a request for accommodation is pending, all laws and regulations otherwise applicable to the applicant or the property that is the subject of the request shall remain in full force and effect. The written decision of the hearing officer shall constitute a final, appealable decision. Any reasonable accommodation shall be personal to the applicant, shall not be deemed a variance, and shall not run with the land.
Appeal. Any person or party aggrieved or adversely affected by the decision of the hearing officer may appeal the hearing officer's decision by filing a petition for review of the decision with the district court within thirty (30) days after the date of the written decision. The review of all such appeals shall be based upon the record presented to the hearing officer and shall not be de novo.

HISTORY
Adopted by Ord. 374-15 on 11/18/2015
Amended by Ord. 415-19 on 5/9/2019