A. For
the purposes of this chapter, the terms used in this chapter relating
to the provisions of reasonable accommodation are defined as follows:
"Individual with a disability"
means someone who has a physical or mental impairment that
limits one or more major life activities; anyone who is regarded as
having such impairment; or anyone with a record of such impairment.
This section is intended to apply to those persons who are defined
as disabled under the fair housing laws.
"Reasonable accommodation"
means, in the land use and zoning context, providing individuals
with disabilities or developers of housing for people with disabilities:
(1) reasonable, necessary, or feasible flexibility in the application
of land use and zoning and building regulations, policies, practices
and procedures, or (2) the waiver of certain requirements when it
is necessary to provide equal opportunity to use and enjoy housing
and/or eliminate barriers to housing opportunities so long as the
requested flexibility or waiver would not require a fundamental alteration
in the nature of the city's land use and zoning and building regulations,
policies, practices, and procedures, and the city's Local Coastal
Program.
(Ord. CS-125 § II, 2011; Ord. CS-196 § 1, 2012)
A. A request
for reasonable accommodation may be made by any individual with a
disability, 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 housing opportunities.
B. A request
for reasonable accommodation may include a modification or exception
to the rules, standards, development and use of housing-related facilities
that would eliminate regulatory barriers and provide a person with
a disability equal opportunity to the housing of their choice.
C. A request
for reasonable accommodation in regulations, policies, practices and
procedures may be filed at any time that the accommodation may be
necessary to ensure equal access to housing. A reasonable accommodation
does not affect the obligations of an individual or a developer of
housing for an individual with disabilities to comply with other applicable
regulations not at issue in the requested accommodation.
D. Requests for reasonable accommodation shall be made in the manner prescribed by Section
21.87.040 of this chapter.
E. If
a request for reasonable accommodation is granted, the request shall
be granted to an individual and shall not run with the land unless
it is determined that: (1) the modification is physically integrated
into the residential structure and cannot easily be removed or altered
to comply with applicable city or state codes; or (2) the accommodation
is to be used by another individual with a disability.
F. Nothing
in this ordinance shall require the city to waive or reduce development
or building fees associated with the granting of a reasonable accommodation
request.
(Ord. CS-125 § II, 2011; Ord. CS-196 § 2, 2012)
A. Application
for a request for reasonable accommodation shall be made in writing
on a form provided by the City Planner. The form shall be signed by
the property owner or authorized agent. The application shall state
fully the circumstances and conditions relied upon as grounds for
the application and shall be accompanied by adequate plans and all
other materials as specified by the City Planner. The application
shall include the zoning, land use or building code provision, regulation,
policy or practice from which modification or exception for reasonable
accommodation is being requested including an explanation of how application
of the existing zoning, land use or building code provision, regulation,
policy or practice would preclude the provision of reasonable accommodation.
B. Proof
of applicable disability shall be provided in the form of a note from
a medical doctor or other third party professional documentation deemed
acceptable to the City Planner.
C. Any
information identified by an applicant as confidential shall be retained
in a manner so as to respect the privacy rights of the applicant and
shall not be made available for public inspection.
D. If
an individual needs assistance in making the application for reasonable
accommodation, the city will provide assistance to ensure the process
is accessible.
(Ord. CS-125 § II, 2011; Ord. CS-196 § 3, 2012)