§ 17.84

A.

The intent of this chapter is to provide flexibility in the application of the city's zoning and building code requirements for persons with a disability when flexibility is necessary to eliminate barriers to housing opportunities. This chapter will facilitate compliance with fair housing laws and promote housing opportunities for residents of Blythe.

B.

The purpose of this chapter is to establish a procedure for persons with disabilities to make requests for a reasonable accommodation in the application of the city's land use, zoning, and building laws, rules, policies, practices, and procedures pursuant to fair housing laws to ensure equal access to housing.

(Ord. No. 934, § 7, 2-11-25)

The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A.

"Department" means the development services department.

B.

"Director" means the development services director or the director's designee.

C.

"Eligible person" means a person with a disability, a representative of such person, or a developer of housing for persons with disabilities.

D.

"Fair housing laws" means the Fair Housing Amendments Act of 1988 (42 U.S.C. Section 3601 et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604(f)(B)(3), and the California Fair Employment and Housing Act (California Government Code Section 12900 et seq.), as any of these statutory provisions may be amended from time to time.

E.

"Person with a disability" is any person 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 who has a record of such impairment.

F.

"Reasonable accommodation" means providing persons with disabilities or developers of housing for persons with disabilities flexibility in the application of land use, zoning, and building regulations, policies, practices, and procedures, or waiving certain requirements when it is necessary to eliminate barriers to housing opportunities.

G.

"Request for reasonable accommodation" means a request to modify land use, zoning, or building regulations, policies, practices, or procedures in order to give persons with disabilities an equal opportunity to use and enjoy housing opportunities.

(Ord. No. 934, § 7, 2-11-25)

17.84.030 - Procedure for requesting a reasonable accommodation.

A.

Any eligible person may request a reasonable accommodation in the city's land use, zoning, or building laws, rules, policies, practices, and/or procedures by filing an application with the department on the form provided by the department.

B.

The application shall include the following information:

1.

Name, address, and telephone number of the individual(s) requesting reasonable accommodation;

2.

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

3.

Name and address of the property owner(s) of the property for which the request is being made.

4.

Description of the requested accommodation and the regulation(s), policy(ies) or procedure(s) for which accommodation is sought.

5.

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

C.

If necessary to reach a determination on the request for reasonable accommodation, the city may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required.

D.

Any information submitted as part of a reasonable accommodation request shall be kept 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.

E.

If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.

(Ord. No. 934, § 7, 2-11-25)

17.84.040 - Timing of request.

A.

A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing.

B.

If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (e.g., conditional use permit), then, to the extent feasible, the applicant shall file the request for reasonable accommodation together with the related application for discretionary approval.

(Ord. No. 934, § 7, 2-11-25)

17.84.050 - Review procedures and decision on application.

A.

The director shall have the authority to consider and act on requests for reasonable accommodations and shall make reasonable accommodations in laws, rules, policies, practices, procedures, or services when those accommodations may be necessary to afford persons with disabilities equal opportunities to use and enjoy housing opportunities.

B.

The director shall issue a written determination on a request for reasonable accommodation within a timely manner but no later than thirty days of the date of receipt of a completed application and may (1) grant the accommodation request; (2) grant the accommodation request subject to specified nondiscriminatory conditions of approval; or (3) deny the request. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the applicant by first class mail or in a format reasonably requested by the applicant.

C.

If necessary to reach a determination on the request for reasonable accommodation, the director may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the thirty-day period to issue a written determination shall be stayed until the applicant reasonably responds to the request.

D.

For requests for a reasonable accommodation involving related application(s) for discretionary approval, the application shall be processed and considered separately from any discretionary elements of the same proposal. If the request for a reasonable accommodation cannot be effectuated until a final decision is rendered on the related discretionary approval(s), a "provisional decision" may be granted within the thirtyday timeframe and shall become final at the same time as the discretionary approval(s). The application(s) for the discretionary approval(s) shall be separately considered and shall be subject to the procedures specified in the applicable chapter of this title. The appropriate decision making body shall act on all discretionary permits, but not the reasonable accommodation request.

(Ord. No. 934, § 7, 2-11-25)

A.

In order to grant a request for reasonable accommodation, the director shall make the following findings:

1.

The housing which is the subject of the request for reasonable accommodation will be used by one or more persons with disabilities protected under fair housing laws.

2.

The accommodation is necessary to make specific housing available to one or more persons with disabilities protected under fair housing laws.

3.

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

4.

The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies, and/or procedures of the city.

B.

If, based upon all of the evidence presented to the director, the findings set forth in this section may reasonably be made, the director shall grant the requested reasonable accommodation.

C.

None of the findings set forth in this section are intended to supersede any other findings which may be required for a discretionary permit that is reviewed concurrently with the request for reasonable accommodation.

(Ord. No. 934, § 7, 2-11-25)

17.84.070 - Finality of decision.

A.

For requests for reasonable accommodations not involving one or more related land use permits, a decision by the director shall become final ten calendar days after the date of the decision, unless appealed as set forth in Section 17.84.080.

B.

For requests for reasonable accommodations involving related land use permits, a decision by the director shall become final ten calendar days after the date of the decision of the related land use permit or the date of the provisional decision, whichever is later, unless appealed as set forth in Section 17.84.080.

(Ord. No. 934, § 7, 2-11-25)

A.

Within ten calendar days of the date of the director's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing. In the event that the last date of appeal falls on a weekend, holiday or when city offices are closed, the next date such offices are open for business shall be the last date of appeal.

B.

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

C.

All appeals shall contain a statement of the grounds for the appeal. Any information submitted as part of the appeal shall be kept 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.

Appeals shall be heard by the city manager within thirty days of filing an appeal. The city manager shall issue a written decision within ten days of the hearing and the decision shall be final.

E.

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. No. 934, § 7, 2-11-25)

17.84.090 - Notice to public of availability of accommodation process.

Notice of the city's reasonable accommodation procedures along with the application form shall be displayed at public information counter of the department and on the city's website. City employees shall direct individuals to such documents whenever they are requested to do so or reasonably believe that persons with disabilities or their representatives may be entitled to a reasonable accommodation.

(Ord. No. 934, § 7, 2-11-25)