Chapter 17.86

The purpose of this chapter is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act ("Acts") in the application of zoning laws and land use regulations, policies, and procedures. [Source: 17.25.010, modified]

• A. A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of the Zoning Code or Town requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purpose of this chapter, a "person with disability" is any person who has a physical or mental impairment that limits or substantially limits one (1) or more major life activity, anyone who is regarded as having an impairment or anyone who has a record of an impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts. [Source: 17.25.010.A, modified]

• B. A request for reasonable accommodation may include a modification or exception to the rules, regulations, and/or practices for the sit-

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ing, development, use of housing or housingrelated facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. [Source: 17.25.010.B]

• C. A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site. [Source: 17.25.010.C]

• D. A reasonable accommodation may be granted in compliance with this chapter without the need for approval of a Variance. [Source: 17.25.010.D]

ditional Use Permit, Design Review, etc.), the applicant shall file the information required by Subsection A, above, for concurrent review with the application for discretionary approval. [Source: 17.25.030.B, modified]

• C. A request for reasonable accommodation shall be reviewed by the Director. If no approval is sought other than the request for reasonable accommodation, the Director, shall make a written determination within forty-five (45) days of the application or written request being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation. [Source: 17.25.030.C, modified]

• A. A request for reasonable accommodation shall be submitted in writing to the Director and shall contain the following information: [Source: 17.25.030.A, modified]

  1. The applicant's name, address, and telephone number. [Source: 17.25.030.A.1]

  2. Address of the property for which the request is being made. [Source: 17.25.030.A.2]

  3. The current use of the property. [Source: 17.25.030.A.3]

  4. The reason for the request. Per Federal and State law, applicants shall not disclose medical information as it relates to a diagnosis but shall explain the disability-related limitations and why the reasonable accommodation is necessary to make the specific property accessible to the individual. [Source: 17.25.030.A.4, modified]

  5. The Zoning Code provision, regulations, or policy from which reasonable accommodation is being requested. [Source: 17.25.030.A.5]

• B. If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (e.g., Con-

• D. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Commission or designated hearing body. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Commission or designated hearing body, in compliance with the applicable review procedure for the discretionary review. [Source: 17.25.030.D, modified]

The written decision to grant or deny a request for reasonable accommodation shall be consistent with the Acts and based on consideration of the following: [Source: 17.25.040, modified]

• A. Will the housing in the request be used by a person with a disability under the Acts? [Source: 17.25.040.A]

• B. Is the request for reasonable accommodation necessary to make specific housing available to a person with a disability under the Acts? [Source: 17.25.040.B]

• C. Will the request for reasonable accommodation impose undue financial, administrative, or enforcement burdens on the Town? [Source: 17.25.040.C]

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• D. Will the request for reasonable accommodation require a fundamental alteration in a Town program or law, including, but not limited to, land use and zoning? [Source: 17.25.040.D]

• E. What, if any, are the potential impacts on surrounding uses? [Source: 17.25.040.E]

• F. What are the physical attributes of the property and structures? [Source: 17.25.040.F]

• G. Are there any other reasonable accommodations that may provide an equivalent level of benefit? [Source: 17.25.040.G]

In granting a request for reasonable accommodation, the Director, or if applicable the Commission or designated hearing body may impose any conditions of approval that are deemed reasonable and necessary to ensure that the reasonable accommodation complies with the findings in Section 17.86.050 (Approval Findings), above. The conditions shall also state whether the accommodation granted shall be removed if the person for whom the accommodation was requested no longer resides on the site. [Source: 17.25.050, modified]

The decision of the Director, or if applicable to the Commission or designated hearing body shall be considered final unless an appeal is filed in compliance with Chapter 17.74 (Appeals). [Source: 17.25.060, modified]