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Article 2: Procedures <br /> Section 2.23: Day Care Center in a Residence reasonable accomodation <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-70 <br /> <br />2.22.3 Application Approval <br />(A) If the application is approved, either with or without conditions, the Planning Director shall <br />send the applicant a permit letter informing him/her of the approval and of the <br />requirements of the Ordinance that apply to the home occupation. <br />(B) The permit letter must be signed by the applicant to indicate his/her willingness to <br />operate the home occupation in conformance with the requirements and conditions set <br />forth in the permit letter. <br />(C) Each permit letter shall be kept on file by the Planning Director and shall constitute the <br />Home Occupation Permit for the particular use in question. <br />(D) The home occupation may be operated by the applicant as long as it is operated in <br />conformance with the requirements and conditions set forth in the permit letter. <br />2.22.4 Application Denial <br />If the application is denied, the Planning Director shall notify the applicant of the denial and shall <br />state the reasons for denial in writing. <br />2.22.5 Appeals <br />The applicant may appeal the decision of the Planning Director to the Board of Adjustment as set <br />forth in Section 2.27. <br />SECTION 2.23: DAY CARE CENTER IN A RESIDENCE1 REASONABLE <br />ACCOMODATION2 <br />2.23.1 Purpose <br />This section provides a procedure for making requests for reasonable accommodation to land <br />use and zoning regulations, policies, practices, and procedures of the County to comply fully with <br />the intent and purpose of federal laws. <br />2.23.2 Applicability <br />(A) This section shall apply to those persons who are defined as disabled or handicapped <br />under federal law. A person recovering from substance abuse is considered a person <br />with a disability or handicap; however, a person who is currently engaging in the illegal <br />use of controlled substances is not. <br />(B) A request for a reasonable accommodation may be made by any person with a disability <br />or handicap, his or her legal representative, or a provider of housing for persons with <br />disabilities or handicaps in the county’s land use and zoning regulations, when the <br />application of such may act as a barrier to affording such person(s) equal opportunity to <br />use and enjoy a dwelling in accordance with the law. <br />(C) A request for a reasonable accommodation may include a modification or exception to <br />the rules, standards, and/or practices for the siting, development, and use of housing or <br />housing-related facilities in this Ordinance, that would eliminate regulatory barriers and <br />provide a person with a disability or handicap an equal opportunity to a dwelling of his or <br />her choice. <br />1AfterconferringwiththeCounty’sAttorneyoffice,regulationsgoverningthereview/approvalofadaycarehave <br />beenmovedtoArticle5.ThissectionisbeingreͲpurposedtoaddressaconcernfromtheAttorneyovermaking <br />reasonableaccommodationforpersonswhomeetFederaldefinition(s)ofbeingdisabledorhandicapped. <br />2PerapplicableStateandFederalLaw,localgovernmentsarerequiredtomakereasonableaccommodationto <br />landuseregulations/policiestoaccommodatedisabledorhandicappedpersons.TheCounty’sAttorneyofficeis <br />recommendingweadoptandimplementanewproceduretoensurelegalcompliancewiththisrequirement.The <br />provisionshavebeenmodeledonsurroundingmunicipalities/countieswhohavealreadyaddressedthisissue. <br /> 4 <br />Attachment 1