This article provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.

(Ord. No. 541 N.S., § 2(EE), 8-15-2012)

A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. 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 such impairment or anyone who has a record of such impairment. This article is intended to apply to those persons who are defined as disabled under the Acts.

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. Requests for reasonable accommodation shall be made in the manner prescribed in section 16-90.030 (application requirements).

(Ord. No. 541 N.S., § 2(EE), 8-15-2012)

A.

Application. Requests for reasonable accommodation shall be submitted on an application form provided by the community development department, or in the form of a letter, to the director of community development and shall contain the following information:

1.

The applicant's name, address and telephone number.

2.

Address of the property for which the request is being made.

3.

The current actual use of the property.

4.

The basis for the claim that the individual is considered disabled under the Acts.

5.

The zoning code provision, regulation or policy that is the subject of the applicant's requested reasonable accommodation, and a narrative and graphic (where applicable) description of the specific accommodation requested.

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B.

Review with other land use applications. If the project for which the request for reasonable accommodation is being made requires one or more discretionary approvals (including, but not limited to, conditional use permit, site plan and architectural review, encroachment permit, etc.), then the applicant shall file the information required by subsection A. above, together for concurrent review with the application for discretionary approval.

(Ord. No. 541 N.S., § 2(EE), 8-15-2012)

A.

Director of community development. Requests for reasonable accommodation shall be reviewed by the director if no discretionary permit approval is required other than the request for reasonable accommodation.

B.

Other review authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary permit application shall be reviewed by the review authority reviewing the discretionary permit application.

(Ord. No. 541 N.S., § 2(EE), 8-15-2012)

A.

Director review. The director shall make a written determination within forty-five days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with section 16-90.060 (findings, other requirements, and decision). The director shall mail a notice of a request for reasonable accommodation to contiguous owners of property, as shown on the latest equalized Marin County assessment roll, but may include other property owners as determined by the director. Said notice shall be mailed at least ten days prior to making a determination.

B.

Other reviewing authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the review authority responsible for reviewing the discretionary permit application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with section 16-90.060 (findings, other requirements, and decision).

(Ord. No. 541 N.S., § 2(EE), 8-15-2012)

A.

Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on a consideration of the following factors:

1.

Whether the housing which is the subject of the request will be used by an individual considered disabled under the Acts.

2.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the town.

4.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a town program or law, including but not limited to land use or zoning.

5.

Potential impact on surrounding uses.

6.

Physical attributes of the property and structures.

7.

Alternative reasonable accommodations that may provide an equivalent level of benefit.

B.

Other requirements.

1.

An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable regulations.

2.

A modification approved under this article is considered a personal accommodation for the individual applicant and does not run with the land.

C.

Conditions of approval. In granting a request for reasonable accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection A. above, including but not limited to the following:

1.

Inspection of the property periodically, as specified, to verify compliance with this article and any conditions of approval.

2.

Removal of the improvements, where removal would 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 conditions necessary to protect the public health, safety and welfare.

(Ord. No. 541 N.S., § 2(EE), 8-15-2012)

A determination by the review authority to grant or deny a request for reasonable accommodation may be appealed within ten days of the decision to the town council in compliance with division 16-66 (appeals).

(Ord. No. 541 N.S., § 2(EE), 8-15-2012)