Chapter 12.240 — REASONABLE ACCOMMODATION

This chapter establishes a procedure for requesting reasonable accommodation for persons with disabilities seeking equal access to housing. A reasonable accommodation is typically an adjustment to physical design standards to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident. (Ord. 1825 § 2, 2014)

• 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 regulations, policy, or practice acts as a barrier to fair housing opportunities.

• B. Definition. 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 this type of impairment, or anyone who has a record of this type of impairment as further defined under Section 12102 of the Americans with Disabilities Act and applicable state law.

• C. Eligible Request. 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.

• (Ord. 1825 § 2, 2014)

The community development director or designee shall take action on all reasonable accommodation applications.

(Ord. 1825 § 2, 2014; Ord. 1947, 4/9/2024)

An application for a reasonable accommodation shall include drawings, data, or information deemed necessary by the community development director to accomplish the purposes of this title, state law, or the Americans with Disabilities Act.

(Ord. 1825 § 2, 2014)

The community development director 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 with a disability under fair housing laws;

• B. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability protected under fair housing laws;

• C. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city;

• D. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of the City's land use and zoning;

• E. Other reason.

(Ord. 1825 § 2, 2014; Ord. 1958, 1/28/2025)

In approving a request for reasonable accommodation, the community development director or designee may impose conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the criteria required by Section 12.240.050 (Criteria for decision).

(Ord. 1825 § 2, 2014)

The decision of the community development director or designee may be appealed to the planning commission as set forth in Chapter 12.78 .

(Ord. 1825 § 2, 2014; Ord. 1947, 4/9/2024)