In compliance with Federal and State Fair Housing Laws, it is the City's policy to provide reasonable accommodation in its 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 residence or to avoid discrimination on the basis of disability.
(Ord. 2456 § 2, 2010)
A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for an individual with a disability. A reasonable accommodation may be approved only for the benefit of individuals with a disability. A request for reasonable accommodation may be granted by the City for any of the following:
A. 
The request is made to modify an existing or approved residential structure and/or site.
B. 
The request is made in conjunction with an application to construct or modify one or more residential units and/or sites zoned for residential use.
(Ord. 2456 § 2, 2010)
A. 
Filing. An application for reasonable accommodations shall be completed, filed, and processed in compliance with Chapter 17.500, Applications, Processing and Fees. The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.585.020, Findings and Decision.
B. 
Notice, Hearings and Administrative Review. Notice, hearings, and administrative review regarding an application for reasonable accommodations shall be provided in compliance with Chapter 17.630, Public Hearings and Administrative Review, and as follows:
1. 
Administrative Review. The Director may approve, conditionally approve, or deny applications for reasonable accommodation unless another discretionary permit or approval is required for the project, as specified in subsection B.2.
2. 
Other Review Authority. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the authority reviewing the discretionary permit may approve, conditionally approve, or deny the application for reasonable accommodation.
(Ord. 2456 § 2, 2010)
A. 
Findings. In considering an application for reasonable accommodations, the reviewing authority may approve the application, with or without conditions, only after making all of the following findings:
1. 
The housing, that is the subject of the request for reasonable accommodation will be used by an individual with a disability protected under the fair housing laws;
2. 
The requested accommodation is necessary to make housing available to an individual with a disability protected under the fair housing laws;
3. 
The requested accommodation would not impose an undue financial or administrative burden on the City, as defined in fair housing laws and interpretive case law;
4. 
The requested accommodation would not require a fundamental alteration in the nature of the City's zoning program, as is defined in fair housing laws and interpretive case law. In making these findings, the decision maker may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant.
B. 
Decision. The Director shall record the decision in writing with the findings on which the decision is based. A permit application deemed approved shall be subject to all applicable provisions of this Title, which shall be satisfied by the applicant before a building permit is issued or in the case where a building permit is not required, prior to the establishment of the land use for which the reasonable accommodation was granted.
(Ord. 2456 § 2, 2010)
A. 
Expiration. Any reasonable accommodation approved in accordance with the terms of this code shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless:
1. 
A building permit has been issued and construction has commenced;
2. 
A certificate of occupancy has been issued;
3. 
The use is established; or
4. 
A time extension has been granted.
B. 
Time Extension. The Director may approve a time extension for a reasonable accommodation for a period or periods not to exceed three years. An application for a time extension shall be made in writing to the Director no less 30 days or more than 90 days prior to the expiration date.
C. 
Violation of Terms. 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.
D. 
Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the Director determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Code; or (2) the accommodation is to be used by another individual with a disability. The Director may request the applicant or his/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.
E. 
Revocation. Procedures for revocation shall be as prescribed by Chapter 17.660, Revocations and Modifications.
(Ord. 2456 § 2, 2010)
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 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. 2456 § 2, 2010)
While a request for reasonable accommodations 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.
(Ord. 2456 § 2, 2010)