Solano County Zoning Code § 28.108 Waiver of Residential Development Standards

• A. Development Waiver. Waiver of any of the development and architectural standards in Sections 28.71.10(B)(1)(c), 28.72.10(A)(2), 28.72.30(B)(1)(c), and 28.72.30(B)(1)(f)(6) may be granted administratively by the Director of Resource Management if the proposed building meets applicable design and construction standards set forth in Section 28.91 and maintains a quality and character consistent with the intent of the zoning regulations. The waiver request shall be submitted on an application form prepared by the Department of Resource Management and is subject to the noticing requirements as set forth in Section 28.04(F). The waiver may be approved administratively unless a written objection is received prior to the decision under Section 28.04(F). If a written objection is received, the request shall be heard by the Planning Commission at a public hearing. The Director of Resource Management or Planning Commission’s decision to approve a waiver is nonappealable but a decision to deny a waiver may be appealed by the applicant in accordance with Section 28.112.

• B. Reasonable Accommodation Waiver . A request for reasonable accommodation may be made by any person with a disability or their representative to modify applicable zoning development standards that may act as a barrier to equal opportunity to specific housing of their choice, without the need for the approval of a variance. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting,

(Revised 3/26)

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Chapter 28

Zoning Regulations

development, and use of housing or housing-related facilities. The grant of a reasonable accommodation request to a person with a disability is a personal privilege that does not apply to the successors in interest to the property. The waiver request shall be submitted on an application form prepared by the Director of Resource Management and is subject to the noticing requirements as set forth in Section 28.04(F). The Director of Resource Management, as the granting authority, shall review the application and grant or deny the waiver based on consideration of the following factors:

1. Whether the specific housing, which is the subject of the request, will be used by an individual with a disability protected under fair housing laws.

2. Whether the requested accommodation is necessary to make specific housing available to an individual with a disability protected under fair housing laws.

3. Whether there are alternative reasonable accommodations that may provide an equivalent level of benefit.

4. Whether the requested accommodation would impose an undue financial or administrative burden on the County.

5. Whether the requested accommodation would require a fundamental alteration in the nature of the County’s land use and zoning program.

6. Whether the requested accommodation would reduce barriers and increase visitability on the site, in light of physical attributes of the property and its structures.

(Ord. No. 1757, §7; Ord. No. 1794, §7; Ord. No. 1817, §4; Ord. No. 1840, §54; Ord. No. 1867, §11)