The purpose of this chapter is to provide a procedure for the County to modify or waive requirements of this title in order to provide a reasonable accommodation to individuals with a disability if necessary to eliminate barriers to housing opportunities.

(Ord. No. 5177, § 49, 5-24-2011)

A.

The provisions of this chapter shall apply to all housing types in any zoning district within the unincorporated non-coastal areas of the County.

B.

This chapter is intended to apply to any person who requires a reasonable accommodation because of a disability.

C.

A request for reasonable accommodation may include, but is not limited to, a modification or exception to the rules, standards and practices of this title for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of his or her choice.

(Ord. No. 5177, § 49, 5-24-2011)

The Director of Planning is the Appropriate Authority to review and decide on all requests for reasonable accommodation, unless said request for reasonable accommodation is combined with another permit pursuant to Chapter 21.76 (Combined Development Permits) of this title.

(Ord. No. 5177, § 49, 5-24-2011)

A.

A request for reasonable accommodation may be made by any person with a disability, his or her representative, or any entity such as a developer or provider of housing for individuals with disabilities, when the application of this title acts as a barrier to fair housing opportunities.

B.

A request for a reasonable accommodation shall be made in writing on a form prescribed by the Director of Planning and filed with the Director of Planning and shall contain the following information:

1.

Name, mailing address, contact information of individual(s) requesting reasonable accommodation;

2.

Name, mailing address, contact information of property owner;

3.

Physical address and Assessor's parcel number of the property for which the reasonable accommodation is requested;

4.

The current actual use of the property;

5.

A statement setting forth the basis for the request, including verifiable third-party documentation of disability status;

6.

The zoning code regulation from which reasonable accommodation is being requested;

7.

Reason that the requested reasonable accommodation is necessary for the individual(s) with the disability to use and enjoy the dwelling; and

8.

Any such additional information as the Director of Planning may request consistent with fair housing laws to evaluate the request for reasonable accommodation.

(Ord. No. 5177, § 49, 5-24-2011)

A.

A decision by the Appropriate Authority for a reasonable accommodation, not combined with another permit pursuant to Chapter 21.76 (Combined Development Permits) of this title, shall be rendered in writing within thirty (30) days of the date the application is filed. If necessary to reach a determination on the request for reasonable accommodation, the Appropriate Authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 30-day period to issue a decision is stopped until the applicant provides the information requested.

B.

A decision by the Appropriate Authority for a reasonable accommodation combined with another permit pursuant to Chapter 21.76 (Combined Development Permits) shall have the same timeline for a decision rendered by the Appropriate Authority as that of the concurrent discretionary permit.

C.

The Appropriate Authority in its consideration of a request for reasonable accommodation may grant, deny, or modify, in whole or in part, said accommodation, subject to making the following findings based on substantial evidence:

1.

The housing, which is the subject of the request for reasonable accommodation, will be used by an individual(s) with a disability protected under 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 County;

4.

The requested accommodation would not require a fundamental alteration in the nature of the County's land use and zoning;

5.

The reasonable accommodation would not negatively impact property;

6.

Alternative accommodations which may provide an equivalent level of benefit do not exist.

D.

If granted, the reasonable accommodation shall run with the land, unless the Appropriate Authority determines at the time of granting the reasonable accommodation that the accommodation should be of a temporary nature and requires that it be removed at a specified time or event.

E.

In granting a request for reasonable accommodation, the Appropriate Authority may impose any conditions of approval which he or she determines are reasonable and necessary to make the findings required by Subsection 21.61.050.C.

F.

Notwithstanding Section 21.84.120, if there is an outstanding violation of this title involving the property upon which there is a pending request for reasonable accommodation, the County may issue a reasonable accommodation, not associated with a discretionary permit, if necessary to provide an individual with a disability fair housing opportunities in compliance with this section and provided that the existing violation does not pose a risk to health and safety. The granting of the reasonable accommodation does not preclude the County from pursuing resolution of the violation, including code enforcement action.

G.

An appeal to the Board of Supervisors from the action of the Appropriate Authority may be taken by the applicant if the request for reasonable accommodation was not combined with another permit. If the request for reasonable accommodation was combined with another permit pursuant to Chapter 21.76 (Combined Development Permit), then an appeal may be taken pursuant to the requirements for appeals of actions on Combined Development Permits.

(Ord. No. 5177, § 49, 5-24-2011)

A.

Where one or more of the conditions of a reasonable accommodation have not been, or are not being complied with, or when a reasonable accommodation was granted on the basis of false material information, written or oral, given willfully or negligently by the applicant, the Appropriate Authority may revoke or modify the reasonable accommodation following public hearing pursuant to Chapter 21.78 of this title.

B.

An appeal may be taken from such revocation or modification pursuant to Chapter 21.80.

(Ord. No. 5177, § 49, 5-24-2011)

No building permit shall be issued nor any structure constructed otherwise than in accordance with the conditions and terms of the reasonable accommodation granted, nor until ten (10) days after the mailing of notice of granting of such reasonable accommodation by the Appropriate Authority, or by the appeal authority in the event of an appeal.

(Ord. No. 5177, § 49, 5-24-2011)