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19.08.135 Reasonable Accommodation. <br /> A. Overview <br /> This section establishes the application and review procedures by which the City will fulfill its obligations under the <br /> federal Fair Housing Act(FHA)and other federal or state laws. <br /> 1. The federal Fair Housing Act(FHA)requires local governments to make reasonable accommodations in <br /> the application of zoning regulations when such accommodations are necessary to afford a disabled <br /> individual an equal opportunity to use and enjoy a dwelling.The City is required to consider requests for <br /> reasonable accommodation. In addition,other state and federal laws prohibiting housing discrimination <br /> may apply under certain circumstances. <br /> 2. In the event that a waiver or modification of zoning regulations in a given situation is required by a law <br /> other than the FHA,such waiver or modification shall be requested and reviewed using the procedures <br /> established in this section. <br /> B. Application Requirements <br /> 1. Requests for reasonable accommodation shall be submitted to the planning director,along with any <br /> applications fees required pursuant to EMC 16.72,if any. <br /> 2. The request shall include information as determined necessary by planning director to make a <br /> determination whether reasonable accommodation should be approved. Unless waived by the planning <br /> director,the applicant shall submit the following information: <br /> a. Name of property owner(s). <br /> b. The specific modification(s)of the Unified Development Code requirements requested in order to <br /> allow the reasonable accommodation. <br /> c. The nature of the disability or disabilities of the individual(s)for whom the accommodation is <br /> requested,and an explanation why the specific accommodation is necessary based on the disability. <br /> d. Such other information as may be determined by the planning director following either a pre- <br /> application meeting or review of a request for reasonable accommodation. <br /> C. Planning Director Approval <br /> 1. The following shall be taken into consideration in whether to approve a request for reasonable <br /> accommodation: <br /> a. Whether any adverse impacts would happen if the request for reasonable accommodation is <br /> approved based on the size of the dwelling and lot,traffic and parking conditions on the lot and in the <br /> surrounding area including streets,anticipated vehicle usage by residents and visitors,and any other <br /> circumstances the planning director determines relevant to determine adverse impacts. <br /> b. The applicant's need for accommodation in light of the anticipated land use impacts. <br /> 2. If handicap eligibility and need for accommodation are demonstrated,the planning director shall approve <br /> an accommodation, unless the requested accommodation would make a dwelling available to an <br /> individual whose tenancy would constitute a direct threat to the health or safety of other individuals or <br /> whose tenancy would result in substantial physical damage to the property of others. <br /> 3. Any decision to grant reasonable accommodation apply specifically to the property identified in the <br /> decision,and may not be transferred to any other property. <br /> D. Other Provisions <br /> 1. Approval of reasonable accommodation permits a dwelling to be inhabited only according to the terms <br /> and conditions of the applicant's proposal and the Director's decision. <br /> 2. If the planning director determines that the accommodation has become unreasonable because <br /> circumstances have changed or adverse land use impacts have occurred that were not anticipated,the <br /> planning director shall rescind or modify the decision to grant reasonable accommodation. <br /> Ch.19.08,Residential Development Standards 15 City Council Action(11/04/2020) <br />