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Article 2 : Procedures <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 obliqations 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 />