Article 16 — Reasonable Accommodation Application

The purpose of granting an application for reasonable accommodation is to provide an individual with a disability, his or her representative, or a developer or provider of housing for an individual with a disability, a modification with respect to the application of land use, or zoning regulations, and in the application of land use, zoning, or building policies, practices or procedures when those regulations, policies and procedures act as a barrier to fair housing. (§6, Ord. 2131, eff. 7/18/14)

An application for reasonable accommodation may be filed with the Community Development Department as provided in Article 2 of this part. The application shall be accompanied by the following information:

A. The name, address and telephone number of the applicant;

B. The name, address, and telephone number of the owner of the property for which the reasonable accommodation request is being made;

C. The current use of the property for which the reasonable accommodation request is being made;

D. If the applicant is someone other than the property owner, a letter of agency or authorization signed by the property owner consenting to the application being made;

E. The basis for the claim that the individual to be reasonably accommodated is an individual with a disability under the fair housing laws;

F. The land use or zoning regulation, or land use, zoning, or building policy, practice or procedure for which reasonable accommodation is being requested;

G. The type of accommodation sought;

H. The reason(s) why the accommodation is necessary for the needs of the disabled person. Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;

I. Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation; and

J. Other supportive information deemed necessary by the department to facilitate proper consideration of the request, consistent with fair housing laws.

K. There is no fee imposed on the filing or processing of the application for reasonable accommodation. (§6, Ord. 2131, eff. 7/18/14; §4, Ord. 2239, eff. 7/5/24)

Notice and conduct of the public hearing shall be according to Article 3 of Part IV of Chapter 2 of this title. (§6, Ord. 2131, eff. 7/18/14)

The reviewing authority shall approve the application, with or without conditions, unless it determines on the basis of substantial evidence that one (1) or more of the following findings cannot be made:

A. The accommodation is requested by or on behalf of an individual with a disability protected under the fair housing laws.

B. The housing, which is subject to the requested accommodation, will be used by an individual with a disability protected under fair housing laws.

C. The requested accommodation is necessary to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

D. The requested accommodation will not impose an undue financial or administrative burden on the City.

E. The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning. (§6, Ord. 2131, eff. 7/18/14)

If the project requires other discretionary approval (such as a conditional use permit, design review, or variance) independent of the reasonable accommodation request, then the reasonable accommodation application will be decided prior to the other applications. Such decisions shall not be reconsidered as part of the subsequent approvals, but shall be regarded as independent entitlements. (§6, Ord. 2131, eff. 7/18/14)

The Zoning Administrator shall, within thirty (30) days of determining the application complete, approve, approve with conditions, or deny the application based on the findings set forth in Section 10-2.4.1604, and may impose such conditions as it deems necessary to ensure the accommodation will comply with the findings required in Section 10-2.4.1604 and fair housing laws. As part of consideration of a request for a reasonable accommodation related to construction of new dwelling or dwellings, the Zoning Administrator may consult with the Design Review Commission regarding the requested accommodation and any options that may result in a reasonable accommodation. While any request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. (§6, Ord. 2131, eff. 7/18/14)

The decision of the Zoning Administrator may be appealed in accordance with Section 10-2.4.502. Appeals are subject to payment of the fee imposed on appeals in the City's Master Fee Schedule. (§6, Ord. 2131, eff. 7/18/14)

All improvements constructed under the auspices of this chapter shall be removed upon the vacation of the unit by the person to whom the reasonable accommodation was granted unless the Community Development Director, Zoning Administrator, Building Official, or other discretionary reviewing authority, as applicable, makes a determination as follows:

A. The unit has been reoccupied by a qualified person or such improvements provide benefit for future occupancy by a qualified person; or

B. The removal of the improvement is not readily achievable without making significant structural changes that would impact the safety and soundness of the structure, as determined solely by the Building Official, or such costs of removal equal or exceed twenty-five percent (25%) of the market value of the structure. (§6, Ord. 2131, eff. 7/18/14)

Medical information provided to the City related to the person for whom a reasonable accommodation is being requested shall be retained in a manner so as to respect the privacy rights of the applicant to the extent feasible, shall be kept confidential and shall not be made available to the public, pursuant to State and Federal law. (§6, Ord. 2131, eff. 7/18/14)

Upon receipt of the application required by Section 10-2.4.1602, but without the prior public hearing or notice required by Section 10-2.4.1603 and without the right of appeal provided by Section 10-2.4.1607, upon a showing of an urgent, temporary and unforeseen need made by or on behalf of an individual with a disability, the Zoning Administrator shall approve as a temporary reasonable accommodation temporary ramps and temporary and easily remediated alterations to a building that are not designed or intended nor allowed to remain for more than ninety (90) days following such approval during a period of temporary disability (ninety (90) days maximum) or during a period during which an application for reasonable accommodation has been made and has not been acted upon with finality. Any approved temporary reasonable accommodation shall be removed within the period of time established for such removal by the Zoning Administrator at the time of approval. (§6, Ord. 2131, eff. 7/18/14)