17.17.040 Approval Authority and Approval Process.
A. Notwithstanding any other provision of this zoning code, the town planner shall have the authority to consider and take action on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the planning department, it will be referred to the town planner for review and consideration as staff-level action unless determined otherwise by the town planner. A request for reasonable accommodation shall be considered staff-level in nature when it is related to a physical improvement that cannot be constructed to conform to the town’s setbacks or design standards. Typical improvements considered to be “staff-level” in nature include ramps, walls, handrails, or other physical improvements necessary to accommodate a person’s disability. The town planner shall issue a written determination of his or her action within thirty days of the date of receipt of a completed application and may:
1. Grant or deny the accommodation request; or
2. Grant the accommodation request subject to specified nondiscriminatory condition(s); or
3. Forward the request to the planning commission for consideration as a conditional use permit and subject to the findings stated in section 17.17.060 (Required Findings for Reasonable Accommodations).
B. In the event the town planner determines that the request for reasonable accommodation(s) is not staff-level in nature, such request shall be forwarded to the planning commission in accordance with chapter 17.12 (Conditional Use Permit) and shall be subject to the findings stated in section 17.17.060 (Required Findings for Reasonable Accommodations).
C. All written determinations of action of the town planner shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process (e.g., requesting that town staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action shall be sent to the applicant by mail.
D. If necessary to reach a determination or action on the request for reasonable accommodation, the town planner may request further information from the applicant consistent with the planning department specifying in detail what information is required. In the event a request for further information is made, the thirty-day period to issue a written determination shall be stayed until the applicant fully and sufficiently responds to the request. (Ord. 582 § 1 (Exh. A (part)), 2009)