17.425.060 Findings and decision.
A. Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:
1. Whether the housing, which is the subject of the request, will be used by an individual disabled under the Acts.
2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.
3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City.
4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning.
5. The accommodation is necessary. (See Procedure No. 1 in subsection B of this section.)
6. The accommodation is reasonable. (See Procedure No. 2 in subsection C of this section.)
7. Potential impact on surrounding uses.
8. Physical attributes of the property and structures.
9. Alternative reasonable accommodations which may provide an equivalent level of benefit.
B. Procedure No. 1 – Guidelines for Determining Necessity. It is not possible to anticipate every potential accessibility improvement in order to revise the zoning standards to allow for accessibility improvements as a matter of right; therefore, modifications to any zoning standard shall be considered, per this guideline, when necessary to make an existing residential unit accessible.
1. The accommodation is necessary if, without the accommodation, the person with a disability would not have an equal opportunity to live in the dwelling of his or her choice.
2. A person would not have an equal opportunity to live in a dwelling if, without the accommodation:
a. The person would be excluded from a neighborhood; or
b. The person would have less of an opportunity to live in the neighborhood or the particular dwelling than persons who do not have disabilities.
c. Example: If a person would not be able to live in a single-family dwelling without the accommodation, then the accommodation is necessary. Such an accommodation could include the necessity to remodel a restroom for wheelchair access, with the only design option to bump the room out into a required setback, or the need to install a wheelchair ramp in a required setback for access to a residence. A nonconforming addition to a residence which is otherwise accessible and may be reasonably occupied by a disabled person is an example of what would not be considered necessary under this guideline.
C. Procedure No. 2 – Guidelines for Determining Reasonableness.
1. An accommodation is reasonable if it:
a. Does not create an undue financial or administrative burden for the City; and
b. Will not fundamentally alter the zoning scheme of the City.
2. Undue Burden Analysis.
a. To determine whether the accommodation will create an undue financial or administrative burden, the reviewing authority shall consider whether it will cause significant and identifiable financial costs to the City.
b. A waiver or modification of zoning requirements generally is not an undue burden if it does not impose any concrete, identifiable financial costs on the City.
c. The undue burden analysis should not be based on anecdotal evidence or generalizations. For example, the belief that residences for persons with disabilities need more emergency services than other residences is not a valid reason to conclude that an accommodation would cause an undue burden.
D. Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by this chapter. (Ord. 1111, 2018)