This chapter has been enacted to authorize the city planner or his/her designee to waive or vary provisions of the CMC when necessary to reasonably accommodate the statutory rights of the disabled under the Americans With Disabilities Act (ADA), the Fair Housing Act (FHA) or the Washington Law Against Discrimination (WLAD). This process shall be interpreted and administered in order to ensure the full exercise and enjoyment of a disabled person's right to the residential housing of his or her choosing. The provisions of this chapter shall not apply to commercial activities or zones; provided, however, that nothing herein shall be interpreted to limit the exercise of a disabled person's rights by or through a residential care provider. In the event of any conflict or if an interpretation of this chapter is required, it shall be implemented and interpreted in accordance with the provisions of the Americans With Disabilities Act, the Fair Housing Act and the Washington Law Against Discrimination.

(Ord. No. 766, § 2, 8-4-2009)

A.

Upon the application of a disabled person or individual or entity providing services to the disabled in a residential facility or other group living arrangement, the city planner or his/her designee is hereby authorized to vary, modify, or waive the provisions of the CMC, including without limitation the provisions of Title 15 CMC, in order to provide a reasonable accommodation as necessary to provide to a disabled person's or care provider to the disabled's full enjoyment of a residence.

B.

The city's duty to accommodate is an affirmative one, and the city planner is thereby authorized to provide accommodations in a thoughtful, reasonable and provocative manner.

C.

The following review may, at the discretion of the city planner, include citizen input into the administrative process. The city planner shall provide written notice of the accommodation to the applicant and to property owners within three hundred feet of the subject site.

D.

When applying this reasonable accommodation process, the city planner shall avoid the stereotypical assumptions regarding the disabled and shall attempt to ascertain the actual physical and/or mental limitation of the disabled individual at issue in order to craft an accommodation which best suits the exercise of that individual's rights.

(Ord. No. 766, § 2, 8-4-2009)

No reasonable accommodation shall be provided by a waiver or variance of the provisions of the State Building Code, as adopted by the city, which does not substantially accomplish the purposes of those chapters or which would reduce the fire or life safety of any structure. Modifications, waivers or variances of the provisions of International Building Code, International Residential Code, International Fire Code and the city's other adopted codes shall provide at least the same level of safety required by the respective State Building Code. The applicant shall have the burden of establishing that the proposed modification, waiver or variance accomplishes substantially the same purpose without reduction of fire safety.

(Ord. No. 766, § 2, 8-4-2009)

The accommodation provided shall be personal to the applicant and shall not run with the land; provided, however, that a change in a residential structure necessary to accommodate the operation of a residential care provider to the disabled may be continued by future operations of similar facilities at the site which establish the same use within six months of the date the prior use by the previous disabled person or residential care provider ceases. The city planner may therefore direct that any physical change in the structure which would otherwise be illegal under the use, bulk or other requirements of the zoning code be brought into compliance six months after the date of sale or transfer of a residential structure to a person or entity not qualifying for the protections of the ADA, FHA and WLAD.

(Ord. No. 766, § 2, 8-4-2009)

There shall be no administrative appeal from a decision of the city planner made under this chapter. Any person with standing may appeal the city planner's decision to the Superior Court for King County.

(Ord. No. 766, § 2, 8-4-2009)