50.08.004 REASONABLE ACCOMMODATION VARIANCE (ADA, FHA)

1. CLASSIFICATION OF VARIANCE

a.    Reasonable accommodation variances are variances to any requirement of this Code required by state or federal law based on the special needs of the occupant.

b.    An applicant must specifically designate a request for a reasonable accommodation variance in the application.

(Ord. 2579, Repealed and Replaced, 03/20/2012)

2. VARIANCE STANDARDS

The reviewing authority may grant a variance from the requirements of this Code, except as expressly prohibited, if it is established that:

a.    The applicant and proposed use meet the qualifications for applicability under a state or federal law that may require the City to waive, adjust, or reasonably accommodate land use regulations.

b.    The requested variance is necessary to comply with state or federal law requirements for adjustment, waiver, or reasonable accommodation of land use regulations, e.g., federal Fair Housing Act, Americans with Disabilities Act, Rehabilitation Act, Religious Land Use and Incarcerated Persons Act.

c.    The variance is the minimum necessary to comply with the applicable state or federal law.

(Ord. 2579, Repealed and Replaced, 03/20/2012)

3. NOTICE OF DURATION OF REASONABLE ACCOMMODATION VARIANCES; EXPIRATION

a.    Notice of the condition(s)/event(s) that would terminate the reasonable accommodation variance shall be recorded in the County deed records.

b.    Reasonable accommodation variances that allow use of a lot not otherwise permitted by this Code but required under state or federal law shall expire upon termination of the occupancy of the lot by the activity, use, or individual/entity qualifying for the use variance under state or federal law.

c.    Reasonable accommodation variances relating to the placement of the structure, the dimensional standards of the lot, or other variances relating to the structure (other than to the use of the structure), shall expire when the portion of the structure that received the variance is damaged or destroyed and occupancy of the lot by the activity, use, or individual/entity qualifying for the variance under state or federal law has ceased.

(Ord. 2579, Repealed and Replaced, 03/20/2012)