§ 1500-25-110. Reasonable Accommodation

A.

Purpose. A Reasonable Accommodation is a discretionary action that enables the County to grant relief from the County's zoning, building code and other and land use regulations, policies, practices and/or procedures when necessary to ensure equal access to housing in compliance with the federal Fair Housing Amendments Act of 1988, the Americans with Disabilities Act (ADA) and State Fair Employment and Housing Act (FEHA).

B.

Applicability. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more persons with a disability. A "person with a disability" as defined by the ADA is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment. A reasonable accommodation request shall be made in writing and submitted to the Director.

C.

Approving Authority. The Director or their designee, shall approve, conditionally approve, or deny an application for Reasonable Accommodation consistent with the requirements of Table 1500-23-1.

D.

Required Findings. The Approving Authority shall make all of the following findings to approve a Reasonable Accommodation. The inability to make one or more of the findings is grounds for denial of an application:

1.

The Reasonable Accommodation is requested by or on the behalf of one or more individuals with a disability protected under the Federal and State fair housing laws;

2.

The Reasonable Accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;

3.

The Reasonable Accommodation does not impose an undue financial or administrative burden on the County; and

4.

The Reasonable Accommodation does not fundamentally alter the nature of the County zoning, development standards, policies or procedures.

In making the above findings, the Approving Authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant.