Sec. 656.112. - Reasonable Accommodations for Disabled Persons.

(a) Intent. A reasonable accommodation to the Zoning Code may be requested to allow a disabled person, as that term is recognized by federal, State or local law, to use and enjoy a dwelling. A reasonable accommodation process is necessary because in some instances certain standards found in the Zoning Code, if strictly applied, would inhibit the use of a dwelling due to a person's disability. As such, the City needs a formal process whereby a disabled individual, or individuals, or a person, entity or group on behalf of a disabled individual or individuals, may make a request for a reasonable accommodation ("Request for a Reasonable Accommodation") and seek relief from a particular zoning standard in order to afford them an equal opportunity to legally use and enjoy a dwelling. Accommodations must be considered on an individual basis because the nature and extent of a disability and the requirements of the Zoning Code will vary in each case. If an individual does not request an accommodation, the City is not obligated to provide one except where an individual's known disability impairs his/her ability to know of, or effectively communicate a need for, an accommodation that is made obvious to the City. The grant of a Request for a Reasonable Accommodation shall not be deemed to be a rezoning of property, or to allow uses that would otherwise require a zoning exception or waiver pursuant to Chapter 656 , Ordinance Code. If the Request for a Reasonable Accommodation would constitute a request for a rezoning or zoning exception, then the person may make application for such rezoning or zoning exception in the same manner as other rezoning or zoning exception requests, however, the Request for Reasonable Accommodation criteria in Section 656.112 , Ordinance Code, shall be considered in addition to the standard criteria for the request for rezoning or zoning exception, and there shall be no application fee or fee for notice applied to the request. (b) Application process. (1) Requests for Reasonable Accommodations may be made orally or in writing to the Planning and Development Department, which will assist the applicant with filling out the written application on a form prescribed by the Department. Said application form shall be developed in consultation with the Chief of Disabled Services for the City of Jacksonville, as defined in Chapter 28 , Part 9, Ordinance Code. Such form shall instruct the applicant regarding what information is required from the applicant in order for the application to be deemed complete. (2) Upon receipt of the Request for Reasonable Accommodation application, the Planning Director shall notify the Chief of Disabled Services of the request and consult with the Chief to determine whether the application is complete within five working days. If it is determined that the application is not complete, written notice shall be provided to the applicant within three working days specifying the deficiencies. The Director shall take no further action on the application until the deficiencies are remedied. (3) No fees or costs may be imposed for Request for Reasonable Accommodation applications. (4) Unless barred by administrative res judicata, the time limitations in Sec. 656.125 (d), Ordinance Code, do not apply to rezoning or zoning exception applications that also constitute Requests for Reasonable Accommodations. (c) Department Decision. The Director shall make the decision on the application based upon consultation with, and the written recommendation of, the Chief of Disabled Services. The applicant may receive a decision by the Director with a hearing, or may elect to have the decision made by the Director without a hearing. The Department shall inform the applicant of this option to receive a decision without a hearing at the time of his or her application. (1) If the applicant chooses to have a hearing on the application, the Director shall schedule a hearing on the application on a date certain at least 14 days after notice is posted but within 30 days after the application has been deemed complete. The Director shall make a decision within 5 business days of the hearing. (2) If the applicant elects to receive a decision without a hearing, the Director shall establish the date of decision to be at least 14 days after notice is posted but within 30 days after the application has been deemed complete. The Director shall make the decision on the date established. (3) The Chief of Disabled Services shall provide the Director with a written recommendation on the applicant's claimed disability at least five business days prior to the date established for the decision by the Director, or the date of the hearing if one is scheduled to take place. (4) Persons wishing to provide competent, substantial evidence related to the application shall provide those comments in writing to the Director five business days prior to the date established for the decision by the Director, or may provide such evidence before or at the hearing if one takes place. (5) The Director shall provide the applicant a written order including his/her decision within ten days of the date of decision for both hearing and non-hearing proceedings. Any order denying a Request for Reasonable Accommodation, or its conditional approval, shall include an explanation of the basis for such denial or conditional approval. (d) Notice. Notice of Request for Reasonable Accommodation shall be given within three days of the receipt of a complete application by the Department by posting signs on the subject property at intervals of not more than 200 feet along all street sides of property upon which the request is made. The signs shall indicate the request and information on how, and by when, participation is allowed. The Department shall also post notice at City Hall and the Planning and Development Department in the specified location for posted notices within three days after receipt of a complete application. No published advertisement shall be required. The date of the hearing or the date established for the decision by the Director shall be specified in the notice. (e) Criteria. In evaluating a Request for Reasonable Accommodation, the Director shall consider competent, substantial evidence relating to the following: (1) Whether the applicant meets the definition of a disabled person. The Director shall make this determination based upon consultation with, and the recommendation of, the Chief of Disabled Services; (2) Whether there is an identifiable relationship, or nexus, between the requested accommodation and the person's needs; (3) Whether a sufficient alternative to the specific initial request exists, if the initial request is determined to be not reasonable; (4) Whether granting this request would change the essential nature of the Zoning Code as compared to strict application of the code to the circumstances of the request; and (5) Whether the request would impose undue financial and administrative burdens on the City. It is the City's intent that reasonable accommodations be granted where required by federal law. If the Director, based upon the Chief of Disabled Services' recommendation regarding the applicant's claimed disability, determines that the specific request is not reasonable, he/she shall offer, where possible, some other accommodation which would meet the requester's needs. No additional standards of review of Requests for Reasonable Accommodation are required. In making this determination, it shall not be a factor whether there are other neighborhoods or dwellings that could accommodate the person. The Director and Chief of Disabled Services are entitled to obtain information that is necessary to evaluate if a requested reasonable accommodation may be necessary because of a disability. If a person's disability is obvious, or otherwise known to the Director or Chief, and if the need for the requested accommodation is also readily apparent or known, then the Director or Chief may not request any additional information about the applicant's disability or the disability-related need for the accommodation. However, if the applicant's disability is known or readily apparent to the Director or Chief, but the need for the accommodation is not readily apparent or known, the Director may request only information that is necessary to evaluate the disability-related need for the accommodation. The Director or Chief may not ordinarily inquire as to the nature and severity of an individual's disability, however, the Director or Chief may request reliable disability-related information that: (1) is necessary to verify that the person meets the Fair Housing Act and Americans with Disability Act's definition of "disability", (2) describes the needed accommodation, and (3) shows the relationship between the person's disability and the need for the requested accommodation. Depending on the individual's circumstances, information verifying that the person meets the Act's definition of disability can usually be provided by the individual, but also may come from a doctor or medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual's disability. Once the Director, based upon consultation with and the written recommendation of the Chief, has established that the applicant meets the definition of a disabled person, the Director should seek only the information necessary to evaluate if the request is needed because of a disability. (f) Term of accommodation. Requests for Reasonable Accommodations shall be personal to the applicant and shall not run with the land, and shall only remain in place for as long as the applicant's need for the request exists or remains. It shall be the responsibility of the property owner to remove or correct any non-conforming zoning code standard authorized in an approved Request for Reasonable Accommodation once the need for the accommodation ends. (g) Appeal. Decisions on Requests for Reasonable Accommodation are appealable to the City Council pursuant to the procedures identified in Sections 656.140 — 656.145 . The Council's review of the appeal shall be limited to a consideration of whether the Request for Reasonable Accommodation criteria were properly considered and applied, taking all laws, ordinances and other judicial or legal guidance into consideration, and whether sufficient alternatives were evaluated. (Ord. 2017-36-E , § 2)