Chapter 13-53 — Reasonable Accommodations for Persons with Disabilities

The purpose and intent of this Chapter is to provide flexibility and reasonable accommodations in the application of the Zoning Ordinance to persons with disabilities who are seeking fair access to housing. [Ord. 515 § 2, 2018; Ord. 484 § 14, 2015; ZO § 53.100.]

Persons protected under the Federal Fair Housing Amendments Act of 1988 and/or California Fair Employment and Housing Act (hereinafter “Fair Housing Laws”) may request reasonable accommodation when the strict application of the Zoning Ordinance acts as a barrier to fair housing opportunities. If a reasonable accommodation request is approved, the request shall be granted to an individual and shall not run with the land unless the Planning Director determines that either the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable codes, or the accommodation is to be used by another disabled person. [Ord. 515 § 2, 2018; Ord. 484 § 14, 2015; ZO § 53.110.]

An application for reasonable accommodation that meets the findings contained in this Chapter shall be reviewed ministerially and shall not be subject to discretionary review or a public hearing. An application shall be approved, approved with modifications, or denied within 10 working days of notification to the applicant that the application is complete. [Ord. 515 § 2, 2018; Ord. 484 § 14, 2015; ZO § 53.120.]

A request for reasonable accommodations must be filed on an application form provided by the Planning Department, shall be signed by the owner of the property, and shall include, at a minimum, the following information:

1. The applicant’s name, address and phone number;

2. The address for the property for which the reasonable accommodation request is being made;

3. The basis for the claim that the Fair Housing Laws apply to the person(s) requesting the reasonable accommodations and evidence supporting the claim which may include a letter from a medical doctor or other licensed health care professional, a disabled person license or other appropriate evidence which establishes that the person(s) needing the reasonable accommodation is disabled pursuant to Fair Housing Laws;

4. The current use of the property and a concise physical description of the property;

5. A description of proposed changes to the property;

6. The specific reason the requested accommodation is necessary to make a particular dwelling available to the disabled person(s); and

7. The Zoning Ordinance provision for which reasonable accommodation is being requested. [Ord. 515 § 2, 2018; Ord. 496 § 3, 2016; Ord. 484 § 14, 2015; ZO § 53.130.]

Approval shall be granted if the request for reasonable accommodations complies with the following development standards and regulations:

1. The request for reasonable accommodations is for a legally established residential dwelling.

2. The residential dwelling is the primary residence of the person(s) requesting the reasonable accommodations and such persons have been determined to be protected under Fair Housing Laws.

3. Any exterior modification to the dwelling is designed to be compatible with the architectural character, colors and texture of the dwelling and surrounding neighborhood. [Ord. 515 § 2, 2018; Ord. 484 § 14, 2015; ZO § 53.140.]

The following findings shall be made in approving the request:

1. The parcel and/or housing, as the subject of the reasonable accommodation request, will be occupied as the primary residence by an individual protected under the Fair Housing Laws.

2. The request for reasonable accommodation is necessary to make specific housing available to 1 or more individuals protected under Fair Housing Laws.

3. The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.

4. The requested reasonable accommodation will not require a fundamental alteration of the zoning laws of the City.

5. The requested reasonable accommodation will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety, and welfare. [Ord. 554 § 2, 2025; Ord. 515 § 2, 2018; Ord. 484 § 14, 2015; ZO § 53.150.]

The Planning Director shall issue a written determination of the action and may grant or deny the accommodation request based on the criteria outlined in this Chapter. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision including compliance with the criteria set forth in Sections 13-53.140 and 13-53.150. The written decision of the Director shall be final unless an applicant submits an appeal following the appeal procedure established in Section 13-44.600. [Ord. 515 § 2, 2018; Ord. 484 § 14, 2015; ZO § 53.160.]

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The Hercules Municipal Code is current through Ordinance 555, passed March 25, 2025.

Disclaimer: The City Clerk's Office has the official version of the Hercules Municipal Code. Users should contact the City Clerk's Offi f di d b