(a) The Director shall have the authority to consider and act on any application for a minor reasonable accommodation as defined in Division 10. The Director shall issue a written determination within 30 days of the date of receipt of a completed application and may:
(1) Grant the accommodation request,
(2) Grant the accommodation request subject to specified nondiscriminatory conditions,
(3) Deny the request, or
(4) Refer the matter to Zoning Administrator or to the Planning Commission, whichever is deemed appropriate, who shall render a decision on the application in the same manner as it considers an appeal. No request for reasonable accommodation may be referred to the Board of Supervisors.
(b) The Zoning Administrator shall have the authority to consider and act on any application for a major reasonable accommodation as defined in Division 10, or any minor reasonable accommodation request referred to it by the Director. The Zoning Administrator shall consider an application at the next reasonably available public meeting after submission of an application for reasonable accommodation, after the submission of any additional information required to make a determination or after referral from the Director. The Zoning Administrator may:
(1) Grant the accommodation request,
(2) Grant the accommodation request subject to specified nondiscriminatory conditions,
(3) Deny the request,
(4) Refer the matter to the Planning Commission, which shall render a decision on the application in the same manner as it considers an appeal. No request for accommodation may be referred to the Board of Supervisors, or
(5) Prior to referring the matter to the Planning Commission, refer the matter to a designated hearing officer to administer oaths, to receive evidence, to prepare a record of the proceedings, to prepare recommended findings, conclusions and a decision and to submit such record, recommended findings, conclusion and decision to the Zoning Administrator for action.
(c) If necessary to reach a determination on any request for reasonable accommodation, the Director, the Zoning Administrator, or the Planning Commission may request further information from the applicant consistent with this Chapter, specifying in detail what information is required. In the event a request for further information is made, the time period to issue a written determination shall be stayed until the applicant reasonably responds to the request.
(d) If, based upon all of the evidence presented to the Director, Zoning Administrator or the Planning Commission, the findings required in this Chapter may reasonably be made, the Director, Zoning Administrator or the Planning Commission, as applicable, shall grant the requested reasonable accommodation.
(e) A reasonable accommodation that is granted pursuant to this Chapter shall not require the approval of any variance as to the reasonable accommodation.
(f) The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this Chapter to further fair housing. Such conditions may generally include, but are not limited to the following restrictions:
(1) That the reasonable accommodation shall only be applicable to particular individual(s);
(2) That the reasonable accommodation shall only be applicable to the specific use for which application is made; and/or
(3) That any change in use or circumstances which negates the basis for the granting of the approval shall render the reasonable accommodation null and void and/or revocable by the County.
(g) If the project for which the application for reasonable accommodation is being made also requires some other approval, permit or entitlement, the applicant shall file the request together with the application for such approval, permit or entitlement.
(h) In the event that the applicant also seeks a concurrent approval, permit, or entitlement that will be reviewed by the Zoning Administrator or Planning Commission, then that planning authority shall also act as the reviewing authority for the application for reasonable accommodation.
(i) A fee shall only be required for a major reasonable accommodation requesting a land use modification for a residential care facility as prescribed by the County Fee Ordinance (refer to § 810.01.200(f)(2)(B)). If the project requires another discretionary or ministerial permit, then the prescribed fee shall be paid for the other permit(s) in compliance with the County’s Fee Ordinance.
(Ord. 4169, passed - -2012; Am. Ord. 4230, passed - -2014)