In accordance with Federal and State Fair Housing laws, this chapter establishes regulations to provide reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.
(Ord. 13-05 § 1, 2013; Ord. 19-03 § 3, 2019)
A. 
Director. The Development Services Director shall review all applications for a reasonable accommodation pursuant to the provisions of this chapter.
B. 
No Public Hearing Required. No public hearing is required for any reasonable accommodation request unless a decision of the Director is appealed or called for review pursuant to the provisions of this title.
(Ord. 13-05 § 1, 2013; Ord. 19-03 § 3, 2019)
A. 
Applicant. A request for reasonable accommodation from any zoning provision, rule, practice, or policy may be made by any person with a disability, his or her representative, a developer of housing for individuals with disabilities, or a provider of residential care to individuals with disabilities. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.
B. 
Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form provided by the Development Services Department and shall be accompanied by a fee in an amount set by resolution of the Council.
C. 
Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit, then the applicant shall file the request for reasonable accommodation together with the application for the other discretionary permit. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation request and the discretionary permit. Nothing herein prevents an applicant from requesting a reasonable accommodation at a later time.
D. 
Required Submittals. In addition to materials required under other applicable provisions of this Zoning Code, an application for a reasonable accommodation shall include the following:
1. 
Documentation that the applicant is: (a) an individual with a disability; (b) applying on behalf of one or more individuals with a disability; or (c) a developer or provider of housing for one or more individuals with a disability.
2. 
The specific exception or modification to the Zoning Code provision, policy, or practices requested by the applicant.
3. 
Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability equal opportunity to use and enjoy the residence.
4. 
Any other information that the Director reasonably concludes is necessary to determine whether the findings required by Section 17.42.040(B) can be made, so long as any request for information regarding the disability of the individuals benefited complies with Fair Housing Law protections and the privacy rights of the individuals affected.
(Ord. 13-05 § 1, 2013; Ord. 19-03 § 3, 2019)
A. 
Director Action. The Director shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with subsection B.
B. 
Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval. In making these findings, the Director may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.
1. 
The requested accommodation is requested by or on behalf of one or more individuals with a disability protected under State or Federal law.
2. 
The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.
3. 
The requested accommodation will not impose an undue financial or administrative burden on the City, as "undue financial or administrative burden" is defined in Fair Housing Laws and interpretive case law.
4. 
The requested accommodation will not result in a fundamental alteration in the nature of the City's Zoning Code, as "fundamental alteration" is defined in Fair Housing Laws and interpretive case law.
5. 
The requested accommodation will not fundamentally alter the character of the community, as "fundamental alteration" is defined in Fair Housing Laws and interpretive case law, including creating a substantial increase in traffic or insufficient parking.
6. 
The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health, safety, or general welfare of other individuals or substantial physical damage to the property of others.
C. 
The Director may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:
1. 
Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability.
2. 
Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.
3. 
In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants.
4. 
In the case of a residential care facility, whether the existing supply of facilities of similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.
D. 
The Director may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's Zoning Code:
1. 
Whether the requested accommodation would fundamentally alter the character of the neighborhood.
2. 
Whether granting the requested accommodation would substantially alter the character of the community.
3. 
Whether the accommodation would result in a substantial increase in traffic or insufficient parking.
4. 
Whether granting the requested accommodation would substantially undermine any express purpose of either the general plan or an applicable specific plan.
5. 
In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.
E. 
Rules While Decision Is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
F. 
Effective Date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of the time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made on such appeal.
(Ord. 13-05 § 1, 2013; Ord. 19-03 § 3, 2019)
A. 
Violation of Terms/Revocation. Any reasonable accommodation approved in accordance with the terms of this title may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith, pursuant to the provisions set forth in Chapter 17.68 (Revocations and City-Initiated Modifications) of this title.
B. 
Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days.
C. 
Removal. All improvements constructed under a reasonable accommodation authorized by this chapter which deviate from the applicable development standards at the time that the improvement is constructed shall be removed upon the vacation of the unit by the person to whom the reasonable accommodation was granted, unless the Director makes one of the findings below. If neither of the findings can be made, nothing herein prevents a person from filing for a Variance in order to keep the improvement.
1. 
The accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The Director may request the applicant or his or her successor-in-interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 10 days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation.
2. 
The removal of the improvement is not readily achievable without making significant structural changes that would impact the safety and soundness of the structure, as determined by the City's building official, or such costs of removal equal or exceed 25 percent of the market value of the structure, as determined by the City's Building Official.
(Ord. 13-05 § 1, 2013; Ord. 19-03 § 3, 2019)
A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval, shall be treated as a new application. The Director may waive the requirement for a new application if, as determined by the Director, the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.
(Ord. 13-05 § 1, 2013; Ord. 19-03 § 3, 2019)