The purpose of this Chapter is to provide a procedure for the granting of reasonable accommodations to afford disabled persons an opportunity to use and enjoy housing equal to that of non-disabled persons.

(Ord. No. 229-13, § 7, 12-11-2013)

A.

A request for a reasonable accommodation may be made by any disabled person, his/her representative, or a developer or provider of housing for disabled persons, when the application of a zoning law, building code provision, or other land use regulation, policy, or practice acts as a barrier to a disabled person's equal opportunity to use and enjoy housing.

B.

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 in order to afford a disabled person an equal opportunity to use and enjoy housing in accordance with the Fair Housing Laws.

C.

A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.

(Ord. No. 229-13, § 7, 12-11-2013)

A.

Application. Requests for reasonable accommodation shall be submitted on an application form provided by the Planning Department, or in the form of a letter, to the Planning Director 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 zoning law, building code provision, or other land use regulation, policy, or practice from which reasonable accommodation is being requested; and

5.

An explanation of why the specified zoning law, building code provision, or other land use regulation, policy, or practice is denying or will deny a disabled person equal opportunity to use and enjoy the dwelling.

6.

The basis for the claim that the Fair Housing Laws apply to the applicant and evidence satisfactory to the City supporting the claim which may include a letter from a medical doctor or licensed health care professional, a disabled license, or any other appropriate evidence.

7.

A detailed explanation of why the accommodation is reasonable and necessary to afford the disabled person an equal opportunity to use and enjoy the dwelling.

B.

Review with Other Land Use Applications. If the project for which the reasonable accommodation request is being made also requires some other discretionary approval (e.g., conditional use permit, planned development permit, etc.), then the applicant shall file the application for such discretionary approval(s) together with the reasonable accommodation application.

(Ord. No. 229-13, § 7, 12-11-2013)

A.

Planning Director. Reasonable accommodation applications shall be reviewed by the Planning Director if no other discretionary approval under this Chapter is sought. The decision shall be issued within forty-five (45) days of the application submission.

B.

Other Review Authority. Reasonable accommodation applications submitted for concurrent review with an application for a discretionary entitlement (e.g. planned development permit or conditional use permit) under this Chapter shall be reviewed by the authority responsible for reviewing the discretionary entitlement. The decision on the reasonable application shall be issued concurrently with the decision on the discretionary entitlement.

(Ord. No. 229-13, § 7, 12-11-2013)

The reasonable accommodation shall be approved, with or without conditions, if the reviewing authority finds, based upon all of the evidence presented, that all of the following findings can be made:

A.

The subject dwelling will be occupied by a disabled person.

B.

The requested reasonable accommodation is necessary to provide a disabled person with an equal opportunity to use and enjoy the subject dwelling.

C.

The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.

D.

The requested reasonable accommodation will not require a fundamental alteration to the zoning law, building code provision, or other land use regulation, policy, or practice. In considering whether the accommodation would require such a fundamental alteration, the reviewing authority may consider the following factors without limitation:

1.

Whether the requested accommodation would fundamentally alter the character of the neighborhood.

2.

Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking.

3.

Whether the requested accommodation would substantially undermine any express purpose of either the general plan or an applicable specific plan.

4.

Whether the requested accommodation would create an institutionalized environment due to the number of, and distance between, facilities that are similar in nature or operation.

(Ord. No. 229-13, § 7, 12-11-2013)

A.

The reviewing authority's written decision shall set forth the findings and any conditions of approval.

B.

The approval of a reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this Article and the general plan, and are appropriate to protect the public health, safety, or welfare. The reviewing authority may approve an alternative reasonable accommodation that provides the applicant an opportunity to use and enjoy a dwelling equivalent to that provided by the specific accommodation requested by the applicant, where such alternative accommodation would reduce impacts to neighboring properties or the surrounding area.

C.

Prior to the issuance of any permits related to an approved reasonable accommodation, the applicant, or property owner if different, shall execute a recordable covenant, in a form approved by the City Attorney, agreeing to comply with the conditions of the approved reasonable accommodation.

D.

A reasonable accommodation is granted to an individual(s) and shall not run with the land, unless the reviewing authority finds, at the time of approval of the accommodation, that the modification is physically integrated with the structure and cannot feasibly be removed or altered.

(Ord. No. 229-13, § 7, 12-11-2013)

A.

A reasonable accommodation approval shall expire after twelve (12) months, or at an alternative time specified in the approval, unless one of the following criteria is satisfied:

1.

A building permit has been issued and construction has commenced.

2.

The right granted by the accommodation has been exercised.

3.

A time extension has been granted by the Planning Director.

B.

A reasonable accommodation approval shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. In addition, if the disabled person for whom the reasonable accommodation was granted vacates the residence, the reasonable accommodation shall remain in effect only if: (1) the reviewing authority determined that the reasonable accommodation shall run with the land, or (2) the dwelling is now occupied by another disabled person who requires the accommodation to have an equal opportunity to use and enjoy the dwelling. The Planning Director may request that a person seeking to retain an existing reasonable accommodation provide documentation that the occupant is a disabled person and that the accommodation is necessary for the occupant to have an equal opportunity to use and enjoy the dwelling. Failure to provide such documentation within ten (10) days of the date of a request by the Planning Director shall result in the lapsing of the reasonable accommodation approval.

(Ord. No. 229-13, § 7, 12-11-2013)

A.

The City Council may, after conducting a public hearing, revoke or modify a reasonable accommodation approval if the City Council finds any of the following:

1.

There has been a change in the disabled person's use of the property or need for the reasonable accommodation that negates the basis for the approval of the reasonable accommodation.

2.

The reasonable accommodation application included false information.

3.

Any of the conditions or terms of such approval are violated, or any law or ordinance is violated in connection therewith.

B.

Upon revocation of the reasonable accommodation approval, the property shall be brought into compliance with any zoning regulation or other laws, policies, or procedures from which a deviation was granted.

(Ord. No. 229-13, § 7, 12-11-2013)