Firebaugh City Zoning Code
§ 25-55.21 Reasonable Accommodations
Action of Planning Director.
The Planning Director shall prepare a report on the reasonable accommodation application. Reasonable accommodation applications shall be processed as an administrative matter. The Planning Director can approve, approve with conditions or deny the application based on the findings listed below. Following a decision by the Planning Director, an administrative resolution shall be prepared that outlines the findings and conditions of the decision. The decision shall be made within 30 days of receiving the application. The written decision of the Planning Director shall be final unless appealed to the Planning Commission consistent with the requirements contained in § 25-6 (Appeals). The Planning Director shall render a decision based on the following findings.
a.
Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;
b.
Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;
c.
Whether the requested accommodation would impose an undue financial or administrative burden on the City; and
d.
Whether the requested accommodation would require a fundamental alteration in the nature of the City's land use and zoning or building program.
e.
In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with these findings including the following:
1.
Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval;
2.
Removal of the improvements, where removal could not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;
3.
Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;
4.
Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;
5.
Measures to reduce the impact on surrounding uses;
6.
Measures in consideration of the physical attributes of the property and structures;
7.
Other reasonable accommodations that may provide an equivalent level of benefit and that will not result in an encroachment into required setbacks, exceed the maximum height, lot coverage, or floor area ratio requirement specified for the zone district; and
8.
Other conditions necessary to protect the public health, safety, and welfare.