A. Applicability: This section shall apply to those situations where strict adherence to the land use, zoning and building regulations, policies, practices and procedures may create barriers to housing opportunities for persons with a disability or conflict with State and Federal Fair Housing Laws.
B. Legislative Intent: The intent of this section is:
1. To allow persons with disabilities the same rights and privileges to live in the City's residential areas as those persons who are not disabled by providing a secondary review mechanism to allow flexibility in the application of land use, zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, where necessary to eliminate barriers to housing opportunities and comply with Fair Housing Laws; and
2. To outline the processes and procedures for requesting, and review of requests for reasonable accommodation in compliance with State and Federal Fair Housing Laws.
C. Reasonable Accommodation: A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.
1. Application: Any person or entity who wishes to request a reasonable accommodation shall make request to the City Zoning Administrator in writing, and shall provide the following information:
a. The name, mailing address, and phone number of the individual(s) requesting the reasonable accommodation; and
b. The name, mailing address of the property owner(s); and
c. The address of the property for which the request is desired; and
d. A description of the requested accommodation including statement of the regulation(s), policy or procedure for which the accommodation is sought; and
e. The reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.
D. Timing: Requests for reasonable accommodation will be reviewed by the City Zoning Administrator within seven (7) days for completeness. Once the request is deemed complete it will be scheduled on the next open agenda for a regularly scheduled Planning Commission meeting. If the regularly scheduled meeting is scheduled for more than thirty (30) days out, a special Planning Commission meeting will be scheduled to accommodate the request. Once the request is scheduled on the Planning Commission agenda, excepting the Planning Commission or the City Council requires additional information from the individual making the request, that is consistent with the Fair Housing Laws, the City Council shall provide a written decision in thirty (30) days. If additional information is required of the individual making the request, the thirty (30) day period shall be stayed until the next available meeting following the receipt of the requested information.
E. Decision: The request for reasonable accommodation shall be reviewed and recommended by the Planning Commission and approved by the City Council including, but not limited to, consideration of the following criteria:
1. Whether the requested reasonable accommodation is necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling;
2. Whether the requested reasonable accommodation would fundamentally alter the City's land use and zoning regulations or likely create a fundamental change in the character of a residential neighborhood;
3. Whether the requested reasonable accommodation would impose an undue administrative or financial burden on the City.
F. Appeals: If a reasonable accommodation request is denied, the decision may be appealed to the City Appeal Authority which will consider the grounds for the appeal. The appeal must be filed with the City Appeal Authority no more than ten (10) days after the date of the City Council written decision. All appeals shall state the reason for the appeal and provide supporting documentation. The appeal process shall follow the guidelines set in title 2, chapter 2, "Appeal Authority", of the City Code. (Ord. 13-4, 4-9-2013)