In approving an Administrative Modification, a Variance, or Reasonable Accommodation the review authority may impose reasonable and necessary specific design, locational, and operational conditions, which may include, but are not limited to, the City’s “Comprehensive Standard Conditions of Approval for Site Plan Review and Other Discretionary Planning and Zoning Applications,” as adopted by the Commission to ensure that the approval will be in compliance with the findings required by § 17.550.020 (Findings and Decision) above.
A. Reasonable Accommodation Conditions of Approval.
The following shall apply to the approval of a reasonable accommodation:
1. Approval of a reasonable accommodation shall be granted to an individual and shall not run with the land unless the Director also finds that the modification is physically integrated into the structure and cannot be easily removed or altered to comply with the requirements of this Title.
2. Prior to the issuance of any permits relative to an approved reasonable accommodation the Director may require the applicant to record a covenant in the County Recorder’s Office acknowledging and agreeing to comply with the terms and conditions established in the decision. The covenant shall be required only if the Director finds that a covenant is necessary to provide notice to future owners that a reasonable accommodation has been a proved and may not apply to future owners and/or tenants.
B. Duration of Reasonable Accommodation.
A reasonable accommodation shall not be considered permanent and shall be subject to the following:
1. The Reasonable Accommodation may continue to be used and maintained by the individual with a disability for the duration of his or her tenancy in the dwelling subject to the findings in Section 17.550.020.C.
2. Within 60 days of the termination of the tenancy by the individual with a disability, the Reasonable Accommodation shall be removed unless the Director has determined that the Reasonable Accommodation may remain as provided in Section 17.550.025.A.2.
3. A Reasonable Accommodation request shall be null and void if an individual with a disability fails to take advantage of said approval within one year or if said individual with a disability terminates tenancy prior to installing Reasonable Accommodation related structures.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2013-008 § 3 (part))