Application process.
1. The Board of Appeals shall have the jurisdiction and power to grant a special exception from the non-use requirements of the zoning requirements in UDO where necessary to provide reasonable accommodation to allow individuals with disabilities to have reasonable access to housing in the City of Holland.
2. A special exception is not necessary for state-licensed adult foster care homes to the extent that state law preempts local zoning and may exist legally without the special exception.
3. An eligible person may request a reasonable accommodation in zoning regulations, policies, practices, and procedures.
4. Timing of application.
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.
Required contents of application requests for reasonable accommodation shall be made in writing and shall be filed with the Zoning Administrator providing the following information:
1. Name and address of the individual(s) requesting reasonable accommodation, or property owners if different.
2. Address and parcel number of the property for which the accommodation is requested.
3. Evidence that the request is for an individual with a disability under fair housing laws.
4. Description of the requested accommodation and the regulation(s) or procedure(s) for which accommodation is sought.
5. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.
6. All alternative accommodations and other options that have been considered by the applicant.
7. Evidence of whether the property is within 500 feet of another property granted accommodations for use by five or more unrelated persons under this section.
8. The written consent of the property owner.
Confidentiality.
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, except as may be required by the Michigan Freedom of Information Act.
Decisions and notice to applicant.
1. The Board of Appeals shall issue a decision on a request for reasonable accommodation within 45 days from the date a complete application has been filed with the Clerk and may either grant, grant with modifications or conditions, or deny a request for reasonable accommodation in accordance with the criteria below.
2. If necessary to reach a determination on the request for reasonable accommodation, the
Board of Appeals may request further information from the
applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the forty-five-day period to issue a decision is stayed until the
applicant completely responds to the request.
3. If the Board of Appeals fails to render a decision on the request for reasonable accommodation within the 45 days from the date a complete application has been filed with the
Zoning Administrator, the request shall be deemed granted.
4. The written decision of the
Board of Appeals shall explain in detail the basis of the decision, including its findings on the criteria set forth in
§ 39-12.12D.6. The decision shall give notice of the
applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. A copy of the decision shall be provided to the
applicant or sent to the
applicant by first class mail.
5. The written decision of the
Board of Appeals shall be final unless an
applicant appeals it to the Circuit Court.
6. Effect of zoning pending a determination. While a request for reasonable accommodation is pending, all
zoning regulations, policies, practices, and procedures otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
7. Appeals. An
applicant may appeal a decision by the
Board of Appeals as provided by statute.
