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Article 2: Procedures 23 <br /> Section 2.23: Day Care Center in a Residence reasonable accomodation <br /> provide a person with a disability or handicap an equal opportunity to a dwelling of his or <br /> her choice. <br /> (D) Nothing in this section requires persons with disabilities or handicaps, or operators of <br /> family care homes, or group homes for persons with disabilities, or handicaps acting or <br /> operating in accordance with applicable zoning, licensing or land use laws or practices, to <br /> seek reasonable accommodation under this section. <br /> 2.23.3 Other Regulatory Obligations <br /> A reasonable accommodation shall not affect an individual's obligations to comply with other <br /> applicable regulations not at issue in the requested accommodation. <br /> 2.23.4 Pre-Application Conference <br /> If an individual needs assistance in making the request for reasonable accommodation, the <br /> Planning Department will provide assistance to ensure that the process is accessible. Applicants <br /> seeking reasonable accommodation may request a pre-application conference with the Planning <br /> Director to discuss the procedures, standards, and regulations applicable for submittal of an <br /> application. Such requests shall be made at least 10 days prior to the date of submittal. <br /> 2.23.5 Application Requirements <br /> (A) An application for reasonable accommodation shall be submitted in accordance with <br /> Section 2.10 and include the following additional information: <br /> (1) The current actual use of the property; <br /> (2) The basis for the claim that the applicant is considered disabled or handicapped <br /> under federal law; <br /> (3) The UDO provision(s)or regulation(s)from which reasonable accommodation is <br /> being requested; and <br /> (4) An explanation of why the reasonable accommodation is necessary to make the <br /> specific property available for the individual. <br /> 2.23.6 Review <br /> Applications shall be processed in accordance with the provisions of Section(s)2.10 and 2.12 of <br /> this Ordinance. <br /> 2.23.7 Action by the Board of Adjustment <br /> (A) Each decision shall be accompanied by a written finding of facts by the Board of <br /> Adjustment which specifies the reasons for the decision; and <br /> (B) The Board of Adjustment may prescribe whether the reasonable accommodation is <br /> granted to the applicant or shall be allowed to pass with transfer of property. <br /> (C) The Board of Adjustment may approve the request, deny the request, or continue the <br /> request. In approving the request, the Board of Adjustment may prescribe reasonable and <br /> appropriate conditions provided that the conditions are reasonably related to the request. <br /> 2.23.8 Findings <br /> (A) In granting a reasonable accommodation request, the Board of Adjustment shall find <br /> based on competent, material, and substantial evidence, that the proposed <br /> accommodation: <br /> (1) Will be used by an individual or individuals with a disability or handicap protected <br /> under federal law; <br /> (2) Is "reasonable."An accommodation is reasonable if it will not undermine the <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-72 <br />