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The Town of Paradise Valley has adopted standards and procedures for granting a reasonable accommodation to its zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling, where such an accommodation does not cause an undue financial or administrative burden or does not result in a fundamental alteration in the nature of the Town’s zoning program, as those terms are defined in fair housing laws and interpretive case law. 1 (Ord. ]�T� ���vx&d�h+�mi2��#0r�uK5�T���O� �i�9��S�+��z�Wav�3|?070��ett40�U �t0������R@�"
�RJ2 Right to Seek a Reasonable Accommodation The most basic principle with which this paper is concerned is that the �qO|�[��Wn��^�
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Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving 225 0 obj
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Reasonable accommodation does not include an accommodation that would (1) impose an undue financial or administrative burden on the city or (2) require a fundamental alteration in the nature of the city’s land use and zoning program. h�KO1ǿ�����P� �ȡ�D�R)��V Principles Applicable to Requests for Reasonable Accommodation From Housing Regulations 1. %%EOF
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838 § 1, 2009) Few zoning ordinances include procedures for evaluating a request for accommodation under the ADA or FFHA.
Upon review of the material submitted, the Accommodation Hearing Officer will issue a written decision either denying the request (with the reason for the denial stated), granting the request as submitted, conditionally granting the request, or offering an alternative accommodation. “Reasonable accommodation” means a modification or a waiver of zoning requirements, rules, policies, or practices if the modification or waiver is reasonable and necessary to give a person with disabilities an equal opportunity to use and enjoy a dwelling. Pursuant to federal law, a request for a reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider for housing for individuals with a disability in order to provide disabled individuals with an equal opportunity to use and enjoy a dwelling. Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the city or (2) require a fundamental alteration in the nature of the city’s land use and zoning program.
This leaves zoning administrators and zoning bodies in a quandary between following the requirements of federal law, or the provisions of their own zoning ordinance. The Town of Paradise Valley has adopted standards and procedures for granting a reasonable accommodation to its zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling, where such an accommodation does not cause an undue financial or administrative burden or does not result in a … 9.
If additional information is requested by the Accommodation Hearing Officer, the hearing and/or time period to review the matter may extended beyond the typical 30-day review period and testimony of persons may be requested.- Increase your productivity, customize your experience, and engage in information you care about. 212 0 obj
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These adopted standards and procedures are described in The Town’s Accommodation Hearing Officer may seek comments from Town staff or adjacent landowners before issuing a decision, depending on the type of accommodation requested.
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