19.08.135 Reasonable accommodation.
A. Overview. This section establishes the application and review procedures by which the city will fulfill its obligations under the federal Fair Housing Act (FHA) and other federal or state laws.
1. The federal Fair Housing Act (FHA) requires local governments to make reasonable accommodations in the application of zoning regulations when such accommodations are necessary to afford a disabled individual an equal opportunity to use and enjoy a dwelling. The city is required to consider requests for reasonable accommodation. In addition, other state and federal laws prohibiting housing discrimination may apply under certain circumstances.
2. In the event that a waiver or modification of zoning regulations in a given situation is required by a law other than the FHA, such waiver or modification shall be requested and reviewed using the procedures established in this section.
B. Application Requirements.
1. Requests for reasonable accommodation shall be submitted to the planning director, along with any applications fees required pursuant to Chapter 16.72 EMC, if any.
2. The request shall include information as determined necessary by planning director to make a determination whether reasonable accommodation should be approved. Unless waived by the planning director, the applicant shall submit the following information:
a. Name of property owner(s).
b. The specific modification(s) of the Unified Development Code requirements requested in order to allow the reasonable accommodation.
c. The nature of the disability or disabilities of the individual(s) for whom the accommodation is requested, and an explanation why the specific accommodation is necessary based on the disability.
d. Such other information as may be determined by the planning director following either a preapplication meeting or review of a request for reasonable accommodation.
C. Planning Director Approval.
1. The following shall be taken into consideration in whether to approve a request for reasonable accommodation:
a. Whether any adverse impacts would happen if the request for reasonable accommodation is approved based on the size of the dwelling and lot, traffic and parking conditions on the lot and in the surrounding area including streets, anticipated vehicle usage by residents and visitors, and any other circumstances the planning director determines relevant to determine adverse impacts.
b. The applicant’s need for accommodation in light of the anticipated land use impacts.
2. If handicap eligibility and need for accommodation are demonstrated, the planning director shall approve an accommodation, unless the requested accommodation would make a dwelling available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
3. Any decision to grant reasonable accommodation applies specifically to the property identified in the decision, and may not be transferred to any other property.
D. Other Provisions.
1. Approval of reasonable accommodation permits a dwelling to be inhabited only according to the terms and conditions of the applicant’s proposal and the director’s decision.
2. If the planning director determines that the accommodation has become unreasonable because circumstances have changed or adverse land use impacts have occurred that were not anticipated, the planning director shall rescind or modify the decision to grant reasonable accommodation.
3. Eligibility for a reasonable accommodation under the Fair Housing Act does not relieve the owner, applicant and residents from the obligation to comply with all building, fire, land use and all other standards and regulations applicable under local, state and federal laws.
4. Any decision on a request for accommodation is unique to the specific circumstances related to the individual request and location. A decision issued for a specific property shall not establish a precedent that would be applicable to any other request for accommodation. (Ord. 3774-20 § 5(G) (Exh. 3), 2020.)