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2018 SESSION

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HB 796 Zoning; modification, etc., to property for persons with disabilities, board of zoning appeals.

Introduced by: Patrick A. Hope | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Zoning; disabilities. Requires a locality to give consideration to the need for reasonable modifications in accordance with the Americans with Disabilities Act or state and federal fair housing laws when preparing a zoning ordinance. The bill also alters the standard by which a variance shall be granted by requiring approval if such approval (i) will alleviate a hardship by granting a reasonable modification to a property as requested by a person with a disability and (ii) meets several other conditions as required by existing law. Any variance granted to provide a reasonable modification to a property requested by a person with a disability may expire when the person benefited by it is no longer in need of the modification to such property provided by the variance. If a request for a reasonable modification is made to a locality and is appropriate under the provisions of state and federal fair housing laws, or the Americans with Disabilities Act, as applicable, such request shall be granted by the locality unless a variance from the board of zoning appeals is required in order for such request to be granted.


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