§ 13.15

(a)

An application for reasonable accommodation shall be approved or approved with conditions unless the reviewing authority makes one or more of the following findings:

(1)

The applicant has not demonstrated that the requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws;

(2)

The applicant has not demonstrated that the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;

(3)

The requested accommodation will impose an undue financial or administrative burden on the city;

(4)

The requested accommodation will result in a fundamental alteration in the nature of a city program or law, including but not limited to land use or zoning; and

(5)

The requested accommodation will, under the specific facts of the case and to the extent consistent with 42 U.S.C. § 3604(f)(9), result in a direct threat to the health and safety of other individuals or substantial physical damage to the property of others.

(b)

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this section.

(Ord. No. 13-02, § 1, 3-20-2013; Ord. No. 23-02, § 3(Exh. A), 8-16-2023)

Sec. 13.15.017. - Notice of decision.

The reviewing authority shall notify the applicant of his/her decision by mailing a written determination to the applicant. The notice of decision shall include factual findings, conclusions, and reasons for the decision; and notify the applicant of the right to appeal the reviewing authority's decision pursuant to Section 13.15.020.

(Ord. No. 13-02, § 1, 3-20-2013; Ord. No. 23-02, § 3(Exh. A), 8-16-2023)

Sec. 13.15.018. - Expiration, time extension, and revocation.

(a)

Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of the 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 consistent with the terms of any permit or condition of approval; or

(4)

A time extension has been granted.

(b)

The Director may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed three years. An application for a time extension shall be made in writing to the Director no less than 30 days or more than 90 days prior to the expiration date.

(c)

Any reasonable accommodation approved in accordance with this chapter 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 therewith.

(Ord. No. 13-02, § 1, 3-20-2013)

(a)

A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the disabled persons vacate the premises, the reasonable accommodation shall remain in effect only if the Director determines that (1) the modification is physically integrated into the residential structure such that it would be impractical to require the property to be returned to its previous condition, or (2) the accommodation is necessary to give another disabled individual an equal opportunity for use and enjoyment of the dwelling.

(b)

The Director may, at any time, request in writing the applicant or his successor-in-interest to the property to provide documentation demonstrating that the accommodation remains necessary to ensure the equal use and enjoyment of the property by a person with disabilities and/or continued compliance with any applicable conditions of approval. Failure to provide such documentation within 15 days of the date of the Director's request shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.

(Ord. No. 13-02, § 1, 3-20-2013)

Sec. 13.15.020 - Appeals.

An applicant may appeal the decision of the Director to approve subject to conditions or deny an application for reasonable accommodation to the City Council pursuant to the procedures set forth in Chapter 13.24.050 of the Municipal Code.

(Ord. No. 13-02, § 1, 3-20-2013; Ord. No. 23-02, § 3(Exh. A), 8-16-2023)

CHAPTER 13.16. - BUILDING SITE REGULATIONS

Sec. 13.16.010. - Building site requirements.

No building permit and no certificate of use and occupancy shall be issued for a building or use of land until the Director has verified by official records that the parcel of land upon which such building or use of land is to be established is a building site.

(1)

Lawful, nonconforming building sites.

a.

Any parcel of land that was established as a building site by the recordation of a final tract map, a final parcel map, a record of survey recorded pursuant to an approved division of land, a lot line adjustment, a certificate of compliance; or by a deed of conveyance or contract of sale or in any other legal manner recorded prior to establishment of this title, as amended, and which complied with all of the requirements of applicable regulations in effect at the time of recordation in the office of the County Recorder, is considered a building site.

b.

Building sites established by the preceding section that are subsequently reduced in area by rights-of-way or easements that prohibit the surface use of the property may be established as legal building sites if the Director determines that the site will be able to provide a building envelope comparable to similar building sites in the area.

(2)

Creation of building sites. A building site may be created by the recordation of a final tract map, a final parcel map, or a lot line adjustment. The creation of any building site shall conform to the following:

a.

Each building site shall be shown on the recorded document as a numbered lot or parcel.

b.

Each building site shall be of sufficient area and width to comply with the area and width requirements for the zoning district in which it is located.

c.

Each building site shall either:

1.

Abut a public street, having a right of access for vehicles and pedestrians, and enjoy practical and physical access to such street, for a minimum width of 20 continuous feet; or

2.

Have a recorded right of access for vehicles and pedestrians for a minimum continuous width of 20 feet, 16 feet paved, via street or other vehicular accessway, and enjoy practical and physical access, from the building site to a public street.

(3)

Lot line adjustments. Lot line adjustments per the Subdivision Code shall not result in requiring the approval of a variance from the applicable zoning district minimum lot size.

(4)

Building site area.

a.

Building site area shall be calculated by measuring the site horizontally as a level plane. Rights-of-way or easements that prohibit surface use of the site, except easements for open space purposes on singlefamily lots, shall be excluded from the calculation. The minimum building site area required by the applicable district or planning area regulations shall be undivided and relatively compact although the entire building site may be larger with diffuse parts.

b.

That portion of a panhandle or flag building site that is used for purposes and is less than 40 feet in width shall not be used in calculating the area of the building site.

(Ord. No. 03-03, § 5(18.30.052), 4-16-2003)

Sec. 13.16.020. - Building site reduced by acquisition for public use.

(a)

Unimproved building site. If a portion of a building site containing no structures is acquired for public use by condemnation, dedication, purchase or any other means, the status of the remainder of the building site shall be determined as follows:

(1)

If such remainder has 80 percent or more of the area and width required by the district regulations at the time of acquisition, such remainder shall constitute a building site.

(2)

If such remainder has less than 80 percent but not less than 50 percent of the required area or width, or both, but otherwise meets all of the requirements for a building site, the public agency concerned may file an application for a use permit, whether or not the acquisition has been completed, to establish if such remainder shall constitute a building site.

(3)

A property owner may apply for a use permit at any time to establish the status of such remainder.

(b)

Improved building site. If a portion of a building site improved with structures is acquired for public use by condemnation, dedication, purchase or any other means, the status of the remainder of the building site shall be determined as follows:

(1)

If such remainder has less than 80 percent or more of the area and width required by the district regulations at the time of acquisition, such remainder shall constitute a building site.

(2)

If such remainder has less than 80 percent but not less than 50 percent of the required area or width, or both, but otherwise meets all of the requirements for a building site, the public agency concerned may file an application of a use permit, whether or not the acquisition has been completed, to establish if such remainder shall constitute a building site.

(3)

If such remainder has setbacks or distances between buildings that have 80 percent or more of the depth or width, or both, required for each of such spaces, they shall constitute the required spaces.

(4)

If such remainder has setbacks or distances between buildings which have less than 80 percent but not less than 60 percent of the depth or width, or both, required for each of such spaces, the public agency concerned may file an application for a use permit, whether or not the acquisition has been completed, to establish if such spaces shall constitute the required spaces. Furthermore, the public agency concerned may file an application for a use permit, whether or not the acquisition has been completed, to establish yards or distances, between buildings associated with structures to be relocated, consisting of less than 80 percent of the depth or width, or both, required for such space.

(5)

A property owner may apply for a use permit at any time to establish the status of such remainders.

(c)

Conflicts with other requirements. Any conflict with the requirements of the Zoning Code other than those inherent in the preceding Subsections (a) and (b), caused by acquisition for public use by condemnation,

dedication, purchase or any other means, shall be subject to the approval by the approving authority. Any use permit application filed pursuant to the provision of this section shall not be approved unless the approving authority finds:

(1)

The remainder of the building site is appropriate for the uses permitted by the applicable zoning regulations and will not result in the creation of any hazardous or nuisance activities or conditions; and

(2)

Any permitted use existing or to be established on the remainder portion will not create any conditions or situations that may be objectionable, detrimental or incompatible with other permitted uses on surrounding properties.

(Ord. No. 03-03, § 5(18.30.054), 4-16-2003)