Butte County Municipal Code Div. 7 Reasonable Accommodations

This article establishes a procedure for requesting reasonable accommodation for persons with disabilities seeking equal access to housing in the application of the Zoning Ordinance and other land use regulations, policies, and procedures. A Reasonable Accommodation is typically an adjustment to physical design standards to accommodate ministerial permit processes such as a building permit for the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident. See Figure 24-235-1 (Typical Process for Reasonable Accommodation Approval).

FIGURE 24-235-1 TYPICAL PROCESS FOR REASONABLE ACCOMMODATION APPROVAL

[Figure]

(Ord. No. 4062, § 1, 9-10-13)

A. Eligible Applicants. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of the Zoning Ordinance or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

B. Definition. A "person with a disability" as defined by the Americans with Disabilities Act (ADA) is a person who has a physical or mental impairment that limits or substantially limits one (1) or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.

C. Eligible Requests. 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 under the Zoning Ordinance that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

(Ord. No. 4062, § 1, 9-10-13)

A. The Zoning Administrator shall take action on all Reasonable Accommodation applications.

B. The Zoning Administrator may choose to refer any Reasonable Accommodation application to the Planning Commission for review and final decision.

(Ord. No. 4062, § 1, 9-10-13)

An application for a Reasonable Accommodation shall be filed and processed in compliance with Article V, Division 1 (Permit Application and Review). The application shall include the information and materials specified in the Department of Development Services handout for Reasonable Accommodation applications, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the criteria described in Section 24-239 (Criteria for Decision).

(Ord. No. 4062, § 1, 9-10-13)

The Zoning Administrator shall make a written decision and either approve, approve with modifications, or deny a request for Reasonable Accommodation based on consideration of all of the following factors:

A. Whether the housing which is the subject of the request will be used by an individual defined as disabled under the Americans with Disabilities Act;

B. Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Americans with Disabilities Act;

C. Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the County;

D. Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a County 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. No. 4062, § 1, 9-10-13)

In approving a request for Reasonable Accommodation, the review authority may impose conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation will comply with the criteria required by Section 24-239 (Criteria for Decision).

(Ord. No. 4062, § 1, 9-10-13)

The procedures and requirements relating to Appeals (Article VI, Division 3), effective dates, permit expiration, permit revocation, and changed plans shall apply to Reasonable Accommodations as provided in Article V, Division 8 (Post-Decision Procedures). The procedures and requirements relating to notices of decision shall apply to Reasonable Accommodations as provided in Article VI, Division 2 (Public Notice and Hearings).

(Ord. No. 4062, § 1, 9-10-13)