Lancaster Municipal Code Art. VIII Reasonable Accommodation for Persons with Disabilities

A. Purpose. The reasonable accommodation ordinance provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the federal fair housing act and the state fair employment and housing act in the application of zoning laws and other land use regulations, policies and procedures.

B. Applicability. A request for reasonable accommodation may be made by any person with a disability (or their representative), when the application of zoning law or other land use regulation acts as a barrier to fair housing opportunities. A request for reasonable accommodation may include a modification or exception to the standards for the siting, development and use of housing that would result in the removal of regulatory barriers and provision of equal housing opportunity.

C. Application Requirements. Requests 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. Record owner of property. In the event the nature of the requested accommodation is one that would ordinarily require the consent of the landlord or property owner, such consent shall be submitted, in writing, with the application.

4. Description of current uses of the property.

5. A description of the impairment of major life activities for which reasonable accommodation is requested.

6. Description of the requested accommodation that is being requested.

7. The reason why the reasonable accommodation is necessary to ensure equal access to specific property.

D. Review Authority and Procedure. The planning director, or the planning director's designee, shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation based on findings listed in this section and in consistency with the fair housing act.

E. Findings. The written decision to grant or deny the request for reasonable accommodation shall be consistent with the fair housing act and shall be based on consideration of the following findings:

1. The housing accommodation will be used by an individual disabled under the fair housing act.

2. The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the fair housing act.

3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

5. The requested reasonable accommodation would not impair the reasonable use of adjacent properties.

F. Decision. The decision shall be based on the ability to make the findings listed in this section, in consistency with the fair housing act, as well as consideration of the accommodation's physical attributes, and whether there are alternative reasonable accommodations which may provide an equivalent level of benefit.

G. Appeal of Determination. A determination by the reviewing authority to grant or deny a request for reasonable accommodation may be appealed to the planning commission in compliance with Section 17.32.820.

H. Confidentiality. All information provided in conjunction with a request for reasonable accommodation shall be kept confidential, and shall only be shared with persons properly designated to make or assess a decision to grant or deny the reasonable accommodation request, or unless disclosure is required by law.

I. Non-transferability. A reasonable accommodation is personal to the applicant and shall not be transferable to, or inure to the benefit of, subsequent owners, tenants, or occupants.

(Ord. No. 989, § 1, 4-9-2013)