(A) Purpose: It is the policy of the city to provide reasonable accommodation for disabled persons seeking fair access to housing in the application of its zoning laws. The purpose of this section is to provide a process for making a request for reasonable accommodation. (Ord. 1548B, 6-23-1998)
(B) Request Application:
1. Any person who requires reasonable accommodation, because of a disability, in the application of a zoning law which may be acting as a barrier to fair housing opportunities may do so on a form to be provided by the development services director. (Ord. 1548B, 6-23-1998; amd. Ord. 1654, 6-25-2013)
2. If the project for which the request is being made also requires some other planning permit or approval, then the applicant shall file the request together with the application for such permit or approval.
(C) Request Information: The applicant shall provide the following information:
1. Applicant's name, address and telephone number;
2. Address of the property for which the request is being made;
3. The current actual use of the property;
4. The zoning code provision, regulation or policy from which accommodation is being requested;
5. The factual basis for the need for the accommodation including a description of the person's disability and a physical description of the property.
(D) Notice Of Request For Accommodation: Written notice that a request for reasonable accommodation shall be given as follows:
1. In the event that there is no approval sought other than the request for reasonable accommodation, the notice shall be mailed to the owners of record of all properties which are immediately adjacent to the property which is the subject of the request.
2. In the event that the request is being made in conjunction with some other process, the notice shall be transmitted along with the notice of the other proceeding.
(E) Grounds For Accommodation: In making a determination regarding the reasonableness of a requested accommodation the following factors shall be considered:
1. Special needs created by the disability;
2. Potential benefit that can be accomplished by the requested modification;
3. Potential impact on surrounding uses;
4. Physical attributes of the property and structures;
5. Alternative accommodations which may provide an equivalent level of benefit;
6. In the case of a determination involving a single-family dwelling, whether the household would be considered a single housekeeping unit if it were not using special services that are required because of the disabilities of the residents.
(F) Notice Of Proposed Decision:
1. Notice of the proposed decision shall be made in the same manner as set forth in subsection (D) of this section.
2. Within ten (10) days of the date the notice is mailed, any person may make a request for director's hearing upon a proposed decision.
3. If no request for hearing is received the proposed decision shall become a final director's decision.
(G) Director's Hearing: The director shall conduct a hearing on the request for reasonable accommodation at which all reasonable evidence and credible testimony shall be considered.
(H) Notice Of Director's Decision:
1. Within thirty (30) days after the hearing, the director shall issue a decision granting the request, including any reasonable conditions, or denying the request.
2. The notice of decision shall contain the director's factual findings, conclusions and reasons for the decision.
3. The notice of decision shall be made in the same manner as set forth in subsection (D) of this section.
(I) Appeal To Planning Commission:
1. Within thirty (30) days after the notice of director's decision, any person may appeal in writing to the planning commission.
2. All appeals shall contain a statement of the grounds for the appeal. (Ord. 1548B, 6-23-1998)