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Article 2: Procedures 22 <br /> Section 2.23: Day Care Center in a Residence reasonable accomodation <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 operate <br /> the home occupation in conformance with the requirements and conditions set forth in the <br /> 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 /> • REASO <br /> MIATION <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 with <br /> a disability or handicap; however, a person who is currently engaging in the illegal use of <br /> 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 when the application of the county's land use regulations may act <br /> as a barrier to affording such person(s) equal opportunity to use and enjoy a dwelling in <br /> accordance with the law. <br /> (C) A request for a reasonable accommodation may include a modification or exception to the <br /> 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 /> 3 After conferring with the County's Attorney office, regulations governing the review/approval of a daycare have <br /> been moved to Article 5. Land use standards do not belong in a section intended to identify development review <br /> processes. This section is being re-purposed to address a concern from the Attorney over making reasonable <br /> accommodation for persons who meet Federal definition(s) of being disabled or handicapped. <br /> 4 Per applicable State and Federal Law, local governments are required to make reasonable accommodation to <br /> land use regulations/policies to accommodate disabled or handicapped persons. The County's Attorney office is <br /> recommending we adopt and implement a new procedure to ensure legal compliance with this requirement. The <br /> provisions have been modeled on surrounding municipalities/counties who have already addressed this issue. <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-71 <br />