§ 13-200.62. Reasonable accommodation procedure

(a) Application required. Minor modification application for reasonable accommodation shall be filed and processed with the planning division pursuant to Chapter III Planning Applications. The application shall include the additional information, and be subject to the determinant factors required by this section.

(b) Submittal requirements. The application shall be made on the forms provided by the planning division, and shall include the following information:

(1) The Zoning Code provision, regulation, policy, or condition from which accommodation is being requested;

(2) The basis for the claim that the individuals are considered disabled under the Fair Housing Acts, and why the accommodation is necessary to provide equal opportunity for housing and to make the specific housing available to the individuals; and

(3) Any other information that the development services director reasonably determines is necessary for evaluating the request for reasonable accommodation.

(c) Fees. No application fee is required.

(d) Grounds for reasonable accommodation. The following factors shall be considered in determining whether to grant a reasonable accommodation:

(1) Special needs created by the disability;

(2) Potential benefit that can be accomplished by the requested modification;

(3) Potential impact on properties within the vicinity;

(4) Physical attributes of the property and structures;

(5) Alternative accommodations that may provide an equivalent level of benefit;

(6) In the case of a determination involving a single family dwelling, whether the residents would constitute a single housekeeping unit;

(7) Whether the requested accommodation would impose an undue financial or administrative burden on the city;

(8) Whether the requested accommodation would require a fundamental alteration in the nature of a city program; and

(9) Whether granting the request would be consistent with the city's General Plan.

(10) Property will be used by an individual with disability protected under fair housing laws.

(Ord. No. 09-2, § 1a., 3-3-09 )