In accordance with federal and state fair housing laws, it is the purpose of this chapter to provide reasonable accommodations in the town's zoning and land use regulations, policies and procedures when needed to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities. (Ord. 243, 10-15-2013)

Reasonable accommodation in the land use and zoning context means providing flexibility in the application of land use regulations, policies and procedures or waiving certain requirements for individuals with disabilities or developers of housing for people with disabilities, when necessary to eliminate barriers to housing opportunities. (Ord. 243, 10-15-2013)

The community development director (director) is hereby designated to approve, conditionally approve, or deny all applications for a reasonable accommodation, except as prescribed under subsection 9.74.060C of this chapter. (Ord. 243, 10-15-2013)

DISABILITY: An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

REASONABLE ACCOMMODATION: In the land use and zoning context means providing flexibility in the application of land use and zoning regulations, policies, practices and procedures, or waiving certain requirements to individuals with disabilities or developers of housing for people with disabilities when it is necessary to eliminate barriers to housing opportunities. (Ord. 243, 10-15-2013)

Notice of the availability of reasonable accommodation shall be prominently displayed in the public areas of the community development department, advising the public of the availability of the procedure for eligible individuals. Town employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation. (Ord. 243, 10-15-2013)

   A.   Applicant: A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.

   B.   Application: An application for a reasonable accommodation from a regulation, policy or procedure shall be made on a form provided by the town. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits.

   C.   Other Discretionary Permits: If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.

   D.   Required Submittals: An application for reasonable accommodation shall include the following:

      1.   Request shall be made on a form provided by the town and shall include the following information:

         a.   Name and address of the individual(s) requesting reasonable accommodation.

         b.   Name and address of the property owner.

         c.   Address of the property for which accommodation is requested.

      2.   Documentation that the applicant is:

         a.   An individual with a disability,

         b.   Applying on behalf of one or more individuals with a disability, or

         c.   A developer or provider of housing for one or more individuals with a disability.

      3.   Identification of the specific exception or modification to the regulation, policy or procedure requested by the applicant.

      4.   Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability equal access to housing.

      5.   Any other information that the director reasonably concludes is necessary to determine whether the findings required by section 9.74.080 of this chapter can be made so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected. (Ord. 243, 10-15-2013)

   A.   Review: Requests for reasonable accommodation shall be reviewed by the director using the criteria set forth in section 9.74.080, "Required Findings", of this chapter.

   B.   Written Decision: The director shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either approve, conditionally approve or deny a request in accordance with the required findings.

   C.   Additional Information: If necessary to reach a determination on the request for reasonable accommodation, the director 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 thirty (30) day period to issue a decision is stayed until the applicant responds to the request.

   D.   Factors To Consider: The town may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability with equal access to housing:

      1.   Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability.

      2.   Whether the individual(s) with a disability will be denied equal access to the housing of their choice absent the accommodation.

      3.   In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of particularities of the relevant market and market participants.

      4.   In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

   E.   Alteration Of Zoning Program: The town may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the town's zoning program:

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

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

      3.   Whether granting the requested accommodation would substantially undermine any express purpose of the town's general plan or any applicable specific plan.

      4.   In the case of a residential care facility, 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.

   F.   Rules While Decision Is Pending: While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

   G.   Effective Date: No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become final unless and until a decision is made by the planning commission on such appeal. (Ord. 243, 10-15-2013)

The written decision to approve, conditionally approve or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval:

   A.   The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws.

   B.   The requested accommodation is necessary to provide one or more individuals with a disability an equal access to housing.

   C.   The requested accommodation will not impose an undue financial or administrative burden on the town.

   D.   The requested accommodation will not result in fundamental alteration of the town's zoning program.

   E.   The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

In making these findings, the director may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant. (Ord. 243, 10-15-2013)

   A.   Expiration: Any reasonable accommodation approved in accordance with this chapter shall expire within twenty four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless:

      1.   A building permit has been issued and construction has commenced,

      2.   A certificate of occupancy has been issued,

      3.   The use is established, or

      4.   A time extension has been granted.

   B.   Time Extension: The director may approve a time extension for a reasonable extension for good cause for a period or periods not to exceed three (3) years from the effective date of approval. An application for a time extension shall be made in writing to the director no less than thirty (30) days or more than ninety (90) days prior to the expiration date. Notice of the director's decision on a time extension shall be sent to the applicant. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.

   C.   Violation Of Terms: Any reasonable accommodation approved in accordance with this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated or if any law or ordinance is violated in connection herewith.

   D.   Discontinuance: A reasonable accommodation approval shall lapse if discontinued for a period of one hundred eighty (180) consecutive days. If the disabled person initially occupying a residence for whom a reasonable accommodation was made vacates the structure, the reasonable accommodation shall remain in effect only if the director determines that:

      1.   The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the code, and

      2.   The accommodation is necessary to give another disabled individual an equal opportunity to occupy the dwelling.

The director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten (10) days of the date of a request by the director shall constitute grounds for discontinuance by the town of a previously approved reasonable accommodation. (Ord. 243, 10-15-2013)

A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plans or the conditions of approval, and are consistent with the intent of the original approval. (Ord. 243, 10-15-2013)

   A.   Within thirty (30) days of the date of the director's written decision, an applicant may appeal an adverse decision. Appeals shall be made in writing.

   B.   If an individual needs assistance in filing an appeal on an adverse decision, the town will provide assistance to ensure that the appeals process is accessible.

   C.   All appeals shall contain a statement of the grounds for the appeal. Any information identified by the applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

   D.   Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available. (Ord. 243, 10-15-2013)