Lincoln Municipal Code Ch. 18.47 Requests for Reasonable Accommodations for Persons with Disabilities

This section provides a procedure to request reasonable accommodation for persons with disabilities seeking access under the Americans with Disabilities Act, Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies, procedures, and project entitlement exhibits or conditions of approval.

(Ord. No. 879B, § 1, 3-26-2013)

A request for reasonable accommodation may be made by any property owner, duly authorized tenant or lessee who desires to implement improvements to a specific property that are designed to provide access to housing when the application of a zoning law or other land use regulation, policy, practice, project entitlement exhibit or condition of approval acts as a barrier to reasonable access. This section is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation may include a modification or exception to the rules, standards, practices, and project entitlement exhibits or conditions of approval for the siting, development and use of structures and facilities that would eliminate regulatory barriers and provide a person with a disability with equal opportunity to access housing. Requests for reasonable accommodation shall be made in the manner prescribed by Section 18.47.030.

(Ord. No. 879B, § 1, 3-26-2013)

Application requests for reasonable accommodation shall be submitted as a written request to the development services director or his/her designee (alternative submission formats may be approved by the development services director or his/her designee should a written application be unduly burdensome). All requests shall include the following information:

(1) The applicant's name, address and telephone number.

(2) The name, address, and telephone number of the property owner(s).

(3) The street address and assessor's parcel number of the property for which the request is being made.

(4) The current actual use of the property.

(5) A statement describing the basis for the claim that the applicant is entitled to and is being denied reasonable accommodation, including a description of the zoning law, provision, regulation, policy, project entitlement exhibit feature or condition of approval from which reasonable accommodation is being requested, a description of the specific accommodation requested, and an explanation of why the requested accommodation is necessary to make the specific property accessible to the applicant.

(6) Photos, site plans, drawings, and/or other graphics as may be needed to make the proposed changes clear.

(7) Concurrent review. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, then the applicant may file the request concurrently with the application for discretionary approval.

(Ord. No. 879B, § 1, 3-26-2013)

(a) Development Services Director or His/Her Designee. If no approval is sought other than a request for reasonable accommodation, then the request for reasonable accommodation shall be reviewed by the Development Services Director, or his/her designee. The development services director or his/her designee shall make a written determination within five working days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 18.47.050.

(b) Other Review Authority. Requests 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. The applicable reviewing authority shall make a written determination and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 18.47.050.

(Ord. No. 879B, § 1, 3-26-2013)

(a) Findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following:

(1) Whether the property which is the subject of the request will be used by an individual or a group of individuals considered disabled under the Acts, and that the accommodation requested is necessary to make the specific property accessible to an individual with disabilities protected under the Acts;

(2) Whether there are alternative reasonable accommodations available that would provide an equivalent level of benefit, or if alternative accommodations would be suitable based on the circumstances of this particular case;

(3) Whether the requested accommodation would impose an undue financial or administrative burden on the city;

(4) Whether the requested accommodation would be consistent with the general plan land use designation of the property which is the subject of the reasonable accommodation request, and with the general purpose and intent in the applicable zoning district;

(5) Whether the requested accommodation would present a substantial negative impact on the physical attributes of the property.

(b) Conditions of Approval. 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 in subsection (a) of this section.

(Ord. No. 879B, § 1, 3-26-2013)

A determination by the reviewing authority to grant, grant with modifications, or deny a request for reasonable accommodation may be appealed pursuant to Chapter 18.94 of this code.

(Ord. No. 879B, § 1, 3-26-2013)