Imperial County Municipal Code Ch. 7 Fair Housing

This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (together, the acts) in the application of zoning laws and other land use regulations, policies, and procedures.

(Ord. No. 1487, § 6, 7-2-13)

A. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this Zoning Code or other county requirement, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the acts.

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 that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C. A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the site.

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

(Ord. No. 1487, § 6, 7-2-13)

A. Application. A request 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 basis for the claim that the individual is considered disabled under the acts;

5. The Zoning Code provision, regulation, or policy from which reasonable accommodation is being requested; and

6. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B. Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including conditional use permit, development review, etc.), then the applicant shall file the information required by subsection [A] "Application" above together for concurrent review with the application for discretionary approval.

(Ord. No. 1487, § 6, 7-2-13)

A. Director. A request for reasonable accommodation shall be reviewed by the director if no approval is sought other than the request for reasonable accommodation.

B. Other Review Authority. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

(Ord. No. 1487, § 6, 7-2-13)

A. Director Review. The director shall make a written determination within forty-five (45) days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

B. Other Review Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review.

(Ord. No. 1487, § 6, 7-2-13)

The written decision to grant or deny a request for reasonable accommodation will be consistent with the acts and shall be based on consideration of the following factors:

A. Whether the housing in the request will be used by an individual considered disabled under the acts;

B. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual considered disabled under the acts;

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. 1487, § 6, 7-2-13)

In granting a request for reasonable accommodation, the review authority 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 requested no longer resides on the site.

(Ord. No. 1487, § 6, 7-2-13)