Chapter 18.118
REASONABLE ACCOMMODATION
Sections:
18.118.030 Requesting reasonable accommodation.
18.118.040 Review and determination.
18.118.010 Purpose.
It is the purpose of this chapter, pursuant to Federal and State fair housing laws, to provide individuals with disabilities reasonable accommodation in the application of the City’s rules, policies, practices, and procedures, as necessary, to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. It is a further purpose of this chapter to provide a procedure for individuals with disabilities to make requests for, and be provided, reasonable accommodation with respect to development standards, building regulations, rules, policies, practices, and/or procedures of the City, including land use and zoning regulations, when reasonable accommodation is warranted based upon sufficient evidence. (Ord. 1936 § 1, 1-13-15).
18.118.020 Definitions.
“Individual with a disability” means an individual who has a physical or mental impairment that limits one or more of that person’s major life activities; anyone who is regarded as having an impairment; or anyone who has a record of having such impairment; but not including an individual’s current, illegal use of a controlled substance, unless an individual has a separate disability.
“Reasonable accommodation” means providing flexibility to an individual with a disability in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers or housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking areas or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation that would (a) impose an undue financial or administrative burden on the City or (b) require a fundamental alteration in the nature of the City’s land use policies or zoning regulations. (Ord. 1936 § 1, 1-13-15).
18.118.030 Requesting reasonable accommodation.
(a) In order to make specific housing available to disabled individuals, an individual with a disability or their representative, or a developer or provider of housing for individuals with disabilities, may request reasonable accommodation pursuant to this chapter, relating to the application of various land use, zoning, or building laws, development standards, rules, policies, practices, and/or procedures of the City.
(b) Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the Planning and Inspection Department advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Planning and Inspection Department.
(c) If an individual with a disability or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the Planning and Inspection Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as his or her representative or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning, or building regulation, policy, practice, or procedure acts as a barrier to fair housing opportunities.
(d) A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.
(e) While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is subject of the request shall remain in full force and effect.
(f) A request for reasonable accommodation to allow one or more deviations of laws, development standards, rules, policies, practices, and/or procedures must be filed on an application form provided by the City, shall be signed by the owner of the property under penalty of perjury, and shall include the following:
(1) Name and address of individual(s) requesting reasonable accommodation;
(2) Name and address of property owner(s);
(3) Address of the property for which accommodation is requested;
(4) The current actual use of the property that is the subject of the request;
(5) Description of the requested accommodation and the regulations, policy or procedure for which the accommodation is sought;
(6) Verifiable evidence to support the claim that fair housing laws apply to the individual(s) with a disability, which may include a letter from a medical doctor or other licensed healthcare professional, a handicapped license, or other appropriate evidence that establishes that the individual(s) needing the reasonable accommodation is/are disabled;
(7) The specific reason the requested accommodation is necessary for individual(s) with the disability to use and enjoy the dwelling;
(8) Verification by the applicant that the property that is the subject of the request for reasonable accommodation will be used by the person for whom reasonable accommodation is requested and whose disabilities are protected under fair housing laws;
(9) The required filing fee for a reasonable accommodation request, as provided for in the City’s adopted fee schedule; and
(10) Other supportive information deemed necessary by the Planning and Inspection Department to facilitate proper consideration of the request. (Ord. 1936 § 1, 1-13-15).
18.118.040 Review and determination.
(a) The Zoning Administrator or his or her designee shall review and provide a determination on an application for reasonable accommodation pursuant to this chapter. The Zoning Administrator shall have the ability to request any information necessary to assess an application for reasonable accommodation and provide a determination to an applicant within thirty (30) days of the date of submittal of a completed application. In the event that a request for additional information is made, the thirty (30)-day period to issue a decision is stayed until the applicant responds to the request. Within thirty (30) days of the date of the submittal of a completed application, and as provided for in this section, the Zoning Administrator shall take one of the following actions regarding a request for reasonable accommodation:
(1) Grant the reasonable accommodation request, based upon the findings set forth in subsection (f) of this section;
(2) Grant the reasonable accommodation request, subject to specified conditions;
(3) Deny the reasonable accommodation request; or
(4) Refer the determination of the reasonable accommodation request to the Planning Commission, who shall render a determination on the application.
(b) Upon submittal of a completed application for reasonable accommodation and subsequent to an application being deemed complete, the Zoning Administrator shall prepare a notice of determination regarding the Zoning Administrator’s intent to approve, deny, or refer the reasonable accommodation request pursuant to this chapter. The notice of determination shall be prepared and disseminated as provided below:
(1) Content. The notice of determination shall provide a detailed description of the subject property, the reasonable accommodation request, and findings pursuant to subsection (f) of this section. Additionally, the notice of determination shall include information on the public comment period for the request.
(2) Notice. The notice of determination shall be mailed to the applicant and the property owner of record of the property that is the subject of the reasonable accommodation request, and all neighboring properties abutting the subject property within thirty (30) days from the submittal of a completed application for reasonable accommodation.
(c) Applicability. A reasonable accommodation request that is granted pursuant to this chapter shall not, in and of itself, require the approval of a variance. The reasonable accommodation shall be subject to the following provisions:
(1) The reasonable accommodation shall only be applicable to a residential structure occupied by one or more individuals with a disability.
(2) The reasonable accommodation shall only be applicable to the specific use for which an application is made.
(3) The reasonable accommodation is subject to any and all building code permit and inspection requirements of the City and all other applicable zoning regulations and procedures.
(4) The Zoning Administrator may impose additional conditions on the approval of a reasonable accommodation request that are consistent with the purposes of this chapter.
(d) Discontinuation of Reasonable Accommodation.
(1) Any change in use or circumstances that negate the basis for the approval of the reasonable accommodation shall require its termination and removal within sixty (60) days, unless continuance of the reasonable accommodation is approved by the Zoning Administrator pursuant to subsection (f) of this section.
(2) Within sixty (60) days from the date that an individual with a disability vacates the property that is the subject of the reasonable accommodation, the reasonable accommodation shall be removed in its entirety.
(3) If the Zoning Administrator denies a request to allow a reasonable accommodation to continue without the occupancy of the original individual with a disability, the property owner of record shall have sixty (60) days to remove the reasonable accommodation from the subject property.
(e) Duration of Reasonable Accommodation. If a request for reasonable accommodation is approved, the request shall be granted to an individual with a disability and shall not run with the land. Notwithstanding the foregoing, in limited circumstances, the Zoning Administrator may allow a reasonable accommodation to apply to subsequent occupants, if the Zoning Administrator makes the findings in subsection (f) of this section, in any of the following circumstances:
(1) The reasonable accommodation is physically integrated into the residential structure and cannot be easily removed or altered to comply with all applicable laws, development standards, rules, policies, practices, and/or procedures; or
(2) Another individual or individuals with a disability use the property and structure that is the subject of the reasonable accommodation request; or
(3) The property owner of record provides a written request stating the reason why the reasonable accommodation should be retained without the occupancy of the residential structure by an individual with a disability, as originally permitted.
(f) Findings. A written determination to approve, approve with conditions, or deny a request for reasonable accommodation shall be based on the following factors:
(1) Whether the parcel and/or housing that is the subject of the request for reasonable accommodation will be used by an individual with a disability;
(2) Whether the request for reasonable accommodation is necessary to make the specific housing available to an individual with a disability;
(3) Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City; and
(4) Whether the requested reasonable accommodation would require a fundamental alteration of the zoning or building laws, policies, and/or other procedures of the City. (Ord. 1936 § 1, 1-13-15; Ord. 2011 § 19, 2-11-20).
18.118.050 Appeals.
(a) A final written determination made by the Zoning Administrator on a reasonable accommodation request may be appealed to the Planning Commission, as provided below:
(1) Within seven days of the date of the notice of determination, an appeal may be filed in writing or on a form provided by the City, pursuant to this section. An appeal shall contain a detailed statement of the grounds for the appeal.
(2) An appeal may be filed by those directly aggrieved by the decision and determination of the Zoning Administrator. For the purposes of this section, “directly aggrieved” shall mean the applicant, representative of an individual with a disability, or owner of the property that is the subject of the reasonable accommodation request, and those property owners that directly abut the property that is the subject of the reasonable accommodation.
(3) A notice of public hearing before the Planning Commission shall be mailed to the person filing the appeal at least ten days prior to the date of the public hearing. The notice of public hearing shall include a description of the property that is the subject of the reasonable accommodation, the reason for which the appeal is filed, the date of the public hearing, and the location of the public hearing.
(4) The written decision of the Planning Commission shall become final unless an applicant appeals it to the City Council.
(5) The filing fee for an appeal shall be equal to half of the application filing fee for the reasonable accommodation request, as provided for in the City’s adopted fee schedule.
(6) An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted. (Ord. 1936 § 1, 1-13-15; Ord. 2011 § 20, 2-11-20).