Chapter 30.43E
REASONABLE ACCOMMODATION

Sections:

30.43E.010    Purpose.

30.43E.020    Applicability.

30.43E.030    Reasonable accommodation.

30.43E.040    Level of safety to be maintained.

30.43E.050    Accommodations personal to the applicant.

30.43E.010 Purpose.

The purpose of this chapter is to allow the director the authority to waive or vary provisions of Subtitle 30.2 SCC, or other applicable county code provisions when necessary to reasonably accommodate the statutory rights of the disabled under the Americans With Disabilities ACT (ADA), the Federal Fair Housing Act (FHA), or the Washington Law Against Discrimination (WLAD).

(Added Amended Ord. 04-010, Mar. 3, 2004, Eff date Mar. 15, 2004)

30.43E.020 Applicability.

(1) The provisions of this chapter shall be applied when necessary to provide a disabled person full enjoyment of a dwelling unit that otherwise could not be achieved without a waiver or variation in regulations pertaining to the construction or occupancy of the dwelling unit.

(2) The process established by this chapter shall be administered in a manner that will ensure the full exercise and enjoyment of a disabled person’s right to the residential housing of his or her choosing.

(3) The provisions of this chapter shall not apply to commercial activities or zones, provided that, nothing herein shall be interpreted to limit the exercise of a disabled person’s right by or through a residential care provider. In the event of any conflict, or if interpretation of this chapter is required, it shall be implemented and interpreted in accordance with the provisions of the American With Disabilities Act, the Federal Fair Housing Act and the Washington Law Against Discrimination.

(Added Amended Ord. 04-010, Mar. 3, 2004, Eff date Mar. 15, 2004)

30.43E.030 Reasonable accommodation.

(1) Upon application by a disabled person or individual or entity providing services to the disabled in a residential facility or other group living arrangement, the director or his designee is hereby authorized to vary, modify, or waive the provisions of the Snohomish County Code in order to provide a reasonable accommodation as necessary to provide a disabled person or care provider to the disabled person full enjoyment of a dwelling unit.

(2) The review may, at the discretion of the director, include citizen input into the administrative process. The department shall provide written notice of the accommodation to the applicant and property owners adjacent to the subject site.

(3) When applying the reasonable accommodation process to the Snohomish County Code, including subtitle 30.5 SCC and other regulations adopted pursuant to the Snohomish County Code, the department shall avoid the stereotypical assumptions regarding the disabled and shall attempt to ascertain the actual physical and/or mental limitation of the disabled individual in order to craft an accommodation which best suits the exercise of that individual’s rights.

(Added Amended Ord. 04-010, Mar. 3, 2004, Eff date Mar. 15, 2004)

30.43E.040 Level of safety to be maintained.

No reasonable accommodation shall be provided by a waiver or variance of the provisions of subtitle 30.5 SCC which does not substantially accomplish the purposes of those chapters or which would reduce the safety of any structure. Modifications, waivers or variances of the provisions of subtitle 30.5 SCC shall provide at least the same level of safety as that required by the respective state code. The applicant shall have the burden of establishing that the proposed modification, waiver or variance accomplishes substantially the same purpose without reduction of safety.

(Added Amended Ord. 04-010, Mar. 3, 2004, Eff date Mar. 15, 2004)

30.43E.050 Accommodations personal to the applicant.

(1) Any reasonable accommodation made pursuant to this chapter shall accommodate the disability of, and be personal to the applicant, and shall not run with the land, unless all the following are met:

(a) the accommodation is a change to a residential structure;

(b) the accommodation is necessary to a disabled person using the structure or to the operation of a residential care provider to the disabled; and

(c) if applicable, any future operator of similar facilities at the site has established the same use within six months of the date of discontinuation of the use for which the accommodation was allowed.

(2) If a residential structure possessing a physical change that was the result of a reasonable accommodation made pursuant to this chapter is vacated, sold or transferred to a person or entity not qualifying for the reasonable accommodation, the director may require that the structure be brought into compliance with the standards that were modified, varied or waived pursuant to this chapter.

(Added Amended Ord. 04-010, Mar. 3, 2004, Eff date Mar. 15, 2004)