This Section establishes a procedure for requesting Reasonable Accommodation for persons with disabilities seeking equal access to housing. A Reasonable Accommodation is typically an adjustment to physical design standards to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.

(Ord. No. 38.810, § 3, 12/3/13)

A.

Eligible Applicants. A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any entity, when the application of the Zoning Ordinance or other land use regulations, policy, or practice acts as a barrier to fair housing opportunities.

B.

Definition. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment as further defined under Section 12102 of the Americans with Disabilities Act and applicable State law, as may be amended.

C.

Eligible Request. A request for Reasonable Accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

(Ord. No. 38.810, § 3, 12/3/13)

A.

The Planning Division shall take action on all Reasonable Accommodation applications.

B.

The Planning Division may choose to refer any Reasonable Accommodation application to the Planning Commission for review and final decision.

(Ord. No. 38.810, § 3, 12/3/13)

An application for Reasonable Accommodation shall be filed and processed in the same manner as required for a Minor Site Development permit, as described in sections 10-57 (Applications) and 10-64 (Development Review Process).

(Ord. No. 38.810, § 3, 12/3/13)

The Planning Division shall make a written decision and either approve, approve with modifications, or deny a request for Reasonable Accommodation based on consideration of all of the following factors:

A.

Whether the housing which is the subject of the request will be used by an individual with a disability thereunder;

B.

Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability;

C.

Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City;

D.

Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning;

E.

Potential impacts on surrounding uses;

F.

Physical attributes of the property and structures; and

G.

Other Reasonable Accommodations that may provide an equivalent level of benefit.

(Ord. No. 38.810, § 3, 12/3/13)

In approving a request for Reasonable Accommodation, the Planning Division may impose conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation will comply with the criteria required by Section 10-62.05 (Criteria for Decision).

(Ord. No. 38.810, § 3, 12/3/13)

The procedures and requirements relating to notices of decision, effective dates, permit expiration, permit revocation, and changed plans shall apply to Reasonable Accommodations as provided in Section 64 (Development Review Process).

(Ord. No. 38.810, § 3, 12/3/13)