Chapter 17.26 — REASONABLE ACCOMMODATION

The reasonable accommodation process establishes a formal procedure for individuals with disabilities seeking equal access to housing to request a reasonable accommodation to zoning regulations, as provided by the Federal Fair Housing Amendments Act of 1988 and the State Fair Employment and Housing Act, and to establish criteria to be used when considering these requests. The purpose of the reasonable accommodation process is to provide flexibility in the application of land use, zoning, or

building regulations, policies or procedures for individuals with disabilities or developers of housing for persons with disabilities when it is necessary to eliminate barriers to equal housing opportunities.

(Ord. No. 669, § 3, 5-22-13)

Applicable Request. A request for reasonable accommodation may be made by any person with a disability, or a representative, when the application of zoning, land use, or building regulation, policy or practice acts as a barrier to equal 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 community development director or designee determines that:

A.

The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable codes; or

B.

The accommodation is to be used by another disabled person.

(Ord. No. 669, § 3, 5-22-13)

A.

Notification of Proceedings. A notice shall be prominently displayed at city hall that advises those with disabilities or their representative may submit a request for reasonable accommodation. A request for reasonable accommodation in laws, rules, policies, practices and/or procedures may be filed on an application form provided by the planning division at any time that the accommodation may be necessary to ensure equal access to housing.

B.

Request for Reasonable Accommodation. A request for reasonable accommodation shall state the basis of the request including, but not limited to, a modification or exception to the regulations, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a disabled person equal opportunity to housing of their choice.

The director or designee may request additional information necessary for making a determination on the request for reasonable accommodation that complies with the fair housing law protections and the privacy

rights of the disabled person to use the specified housing. If additional information is requested, the review period for the reasonable accommodation request stops until the additional information is provided.

(Ord. No. 669, § 3, 5-22-13)

A.

Reasonable Accommodation. The written decision of the community development director to grant or deny a request for reasonable accommodation will be consistent with the Federal Fair Housing Amendments act of 1988 and the State Fair Employment and Housing Act. The following findings must be analyzed, made, and adopted before any action is taken to approve or deny a request for reasonable accommodation.

1.

The housing that is subject to the request will be used by an individual with a disability, as defined under the Federal Fair Housing Amendments Act of 1988 and the State Fair Employment and Housing Act.

2.

The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability.

3.

The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

4.

The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning.

5.

There are no other alternative reasonable accommodations that may provide an equivalent level of benefit at a similar cost while providing greater consistency with the city's laws and regulations.

(Ord. No. 669, § 3, 5-22-13)

A.

Written Notification. The community development director or building official, as appropriate, shall have the authority to consider and act on requests for reasonable accommodation. The director shall issue a written determination within thirty days of receipt of a completed application that either grants, grants with modifications, or denies a request for reasonable accommodation. In granting a request for reasonable accommodation, the director or building official may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings listed in Section 17.26.040.

B.

Appeal Authority. A decision of the community development director may be appealed to the planning commission. A decision of the planning commission may be appealed to the city council.

C.

Record of Reasonable Accommodation. The authorized signature of the director, building official, or planning commission or city council if the request was appealed, on a designated form, or a stamp approval on a set of plans, shall signify approval of a reasonable accommodation request.

(Ord. No. 669, § 3, 5-22-13)