(A) Purpose. The purpose of this section is to establish an appropriate review process for making reasonable accommodations in zoning and land use laws, regulations, policies or procedures, when necessary to afford individuals with disabilities an equal opportunity to use and enjoy a dwelling, while minimizing potential impacts on neighboring properties.
(B) Definition.
REASONABLE ACCOMMODATION. A deviation that provides a person with a disability relief from, and flexibility in, the application of the city's zoning, building, and land use laws, regulations, policies or procedures, which is necessary to provide a person with a disability an equal opportunity to use and enjoy a dwelling.
(C) Application.
(1) Applications for reasonable accommodation shall be made to the Department of Community Development in writing, and shall contain such information as may be specified by the Director.
(2) A uniform fee set by Council resolution shall be paid to the city upon the filing of each application.
(3) Requests must demonstrate a clear nexus between the request and a disability. It is the applicant's responsibility to describe the connection between the disability and the reasonable accommodation requested by the applicant, and the application shall include:
(a) The specific code section, regulation, procedure, or policy of the city from which relief is sought;
(b) A site plan or illustrative drawing showing the proposed accommodation, if applicable;
(c) An explanation of why the specified code section, regulation, procedure, or policy is denying, or will deny a person with a disability equal opportunity to use and enjoy the dwelling;
(d) The basis for the claim that the fair housing laws apply to the applicant and evidence satisfactory to the Director supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other appropriate evidence;
(e) A detailed explanation of why the accommodation is reasonable and necessary to afford the person with the disability an equal opportunity to use and enjoy the dwelling; and
(f) Any other information required to make the findings required by § 17.52.327(E), consistent with the fair housing laws.
(4) When an application is made, the city may engage in an interactive process with the applicant to devise alternative accommodations that provide the applicant with an opportunity to use and enjoy a dwelling, where such alternative accommodations would reduce impacts to neighboring properties and residents or the surrounding area.
(D) Review process.
(1) (a) The Director of Community Development shall have the authority to consider and act on requests for reasonable accommodation. Alternatively, the Director of Community Development may refer the application to the Development Review Committee for an administrative review and determination.
(b) Applications referred to the Development Review Committee may include, but are not limited to, requests that could result in a physical modification to the property that cannot be easily restored or terminated after the reasonable accommodation is no longer needed and may cause a significant adverse impact on an adjacent property. Notice of the public meeting for applications that are referred to the Development Review Committee shall be mailed at least ten days prior to the meeting to all owners of real property abutting the subject site, utilizing the records of the County Assessor.
(2) Requests for reasonable accommodation submitted concurrently with another discretionary land use application shall be reviewed by the hearing body having the review authority over the discretionary land use application.
(3) The review and determination of requests for reasonable accommodation shall be based on the ability to make the required findings as set forth in § 17.52.327(E).
(E) Findings. A request for a reasonable accommodation shall be approved, with or without conditions, if the reviewing authority finds that all of the following findings can be made:
(1) That the dwelling, which is the subject of the request for reasonable accommodation, shall be used by an individual with a disability who is protected under state or federal fair housing laws.
(2) That the requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy a dwelling.
(3) That the requested accommodation will not impose an undue financial or administrative burden on the city.
(4) That the requested accommodation will not require a fundamental alteration to the city's zoning, building, or land use laws, regulations, policies and/or procedures.
(F) Decision. A request for reasonable accommodation may be approved, approved with conditions, or denied in accordance with the findings set forth in § 17.52.327(E).
(1) The reviewing authority shall set forth the findings and any conditions of approval in a written decision, which shall be sent to the applicant.
(2) In granting a request for reasonable accommodation, the reviewing authority may impose conditions to ensure that the reasonable accommodation complies with the findings required by this section. Conditions also may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation request shall be removed once those structures or physical design features are no longer necessary to accommodate a person with a disability or to reduce impacts upon neighboring properties.
(3) The decision of the Director of Community Development shall be final, unless appealed by the applicant to the Development Review Committee in writing within ten days of the Director's decision. Decisions of the Development Review Committee shall be final unless within ten days after the decision by the Development Review Committee, the applicant or any other person aggrieved by such decision submits an appeal to the Planning Commission in accordance with § 2.56.050. Decisions of the Planning Commission shall be final unless within ten days after the decision by Planning Commission, the applicant or any other person aggrieved by such decision submits an appeal to the City Council in accordance with § 2.52.070.
(4) The use or development to which the reasonable accommodation applies shall begin within one year after its approval or it will expire unless extended by the reviewing authority prior to its expiration.
(Ord. 2014-08 § 9, 2014; Ord. 2020-12 § 10, 2021)