Sec. 153.204 - Exceptions for minor improvements for disabled access.

(A)

Purpose. To allow the Planning Director to grant limited exceptions to development standards for minor improvements to existing residences to accommodate access needs for persons with disabilities of all types, including developmental disabilities and/or physical disabilities.

(B)

Procedure. Exceptions to existing development standards may be granted by the Planning Director, upon making all of the findings outlined under division (C) below.

(1)

The applicant shall submit an application, together with a site plan, elevations and additional supporting information required by the Director to provide sufficient understanding of the request and compliance with development standards.

(2)

No public notice or hearing is required.

(3)

Exceptions shall be granted subject to the following restrictions:

(a)

The improvements may be made to any existing main residence or accessory living quarters.

(b)

Exceptions are not permitted for a proposed new residence or proposed new accessory living quarters.

(c)

Improvements shall be restricted to those necessary for enhanced access for disabled persons of all types including persons with developmental disabilities and/or physical disabilities, including but not limited to, access ramps, widening of hallways, or expansion of bathrooms or closets.

(d)

Exceptions to development regulations shall be limited to any, or all, of the following, over the life of each structure:

1.

Paved area coverage not greater than 250 square feet in excess of allowable limits for the site; and/or

2.

Floor area not greater than 150 square feet in excess of allowable limits for the site; and/or

3.

Encroachment into setbacks not greater than ten percent of the allowable setback width; and/or

4.

Increased maximum house size for a main residence not to exceed 150 square feet in excess of the allowable maximum for the site; and/or

5.

Exceptions to zoning regulations for fencing or other item to secure facilities to provide a safe environment.

(C)

Findings. The Planning Director shall make all of the following findings in order to grant an exception for minor improvements for disabled access:

(1)

The request for reasonable accommodation will be used by an individual with a disability protected under fair housing laws.

(2)

The proposed improvements are necessary to provide for housing access for disabled persons of all types, including persons with developmental disabilities and/or physical disabilities.

(3)

The proposed exception(s) will cause no significant negative environmental impacts to the applicant's property, adjacent properties, or to the surrounding neighborhood and Town.

(4)

The proposed exception(s) will cause no significant negative impacts on the privacy of the applicant or adjacent neighbors.

(5)

The requested accommodation is consistent with the Town's General Plan, Woodside Municipal Code, and Residential Design Guidelines.

(Ord. 2005-525, effective 5-12-05; Am. Ord. 2017-582, effective 2-23-17; Am. Ord. 2017-589, effective 8- 24-17)