Union City City Zoning Code
CHAPTER 18
115 REASONABLE ACCOMMODATION
§ 18.115.010 Purpose.
The purpose of this chapter is to provide a procedure for individuals with disabilities to apply for reasonable accommodation in seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act ("Acts") and to provide individuals with disabilities reasonable accommodation as it relates to land use and zoning regulations, policies, practices, and procedures.
(Ord. 796-14 § 2, 2014)
§ 18.115.020 Applicability.
A.
An application for reasonable accommodation shall be submitted on a City-provided application form or letter by any person with a disability or his/her representative, when the application of a land use or zoning regulation, policy, practice, or procedure acts as a barrier to fair housing opportunities. This chapter is intended to apply to those persons who are defined as disabled under the Acts.
B.
An application for reasonable accommodation may include a modification or exception to the regulations, policies, practices or procedures 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 his or her choice.
C.
A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site unless conditioned by the City.
D.
A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.
(Ord. 796-14 § 2, 2014)
§ 18.115.030 Procedure.
A.
An application for reasonable accommodation shall be submitted on an application form provided by the Economic and Community Development Department or in the form of a letter to the Economic and Community Development Department Director, and shall contain:
1.
The applicant's name, address, and telephone number;
2.
Address of the property for which the application is being made;
3.
The current use of the property;
4.
The basis for the claim that the individual is considered disabled under the Acts, including verification of such claim;
5.
Zoning or land use regulation policy, or procedure from which reasonable accommodation is being applied for; and
6.
Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
B.
If the project for which the reasonable accommodation application is being made requires some other discretionary approval (including Use Permit, Site Development Review, etc.), then the applicant shall file the information required by subsection A of this section for concurrent review with the application for discretionary approval.
C.
An application for reasonable accommodation shall be reviewed by the Economic and Community Development Department Director or his/her designee, if no approval is sought other than the application for reasonable accommodation. The Director or his/her designee shall make a written determination within 45 days of the application being deemed complete and either grant, grant with modifications, or deny an application for reasonable accommodation.
D.
An application for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the decision maker for that discretionary application.
(Ord. 796-14 § 2, 2014)
§ 18.115.040 Approval findings.
The written decision to grant or deny an application for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:
A.
Whether the housing will be used by a person with a disability under the Acts;
B.
Whether the application for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts;
C.
Whether the reasonable accommodation would impose an undue financial, administrative or enforcement burden on the City;
D.
Whether the 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 impact 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. 796-14 § 2, 2014)
§ 18.115.050 Conditions of approval.
In granting an application for reasonable accommodation, the decision maker, including the Economic and Community Development Director or his/her designee, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was applied for no longer resides on the site.
(Ord. 796-14 § 2, 2014)
§ 18.115.060 Appeals.
(Ord. 796-14 § 2, 2014)