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HomeMy WebLinkAboutExhibit U - Redline of Section 4-119Microsoft Word - Article 4 - Section 4-119 Accomodation Request 5-28-13 4-119. ACCOMMODATION PURSUANT TO THE FEDERAL FAIR HOUSING ACT. A. Overview. 1. The purpose of this process is to provide persons with disabilities or handicaps seeking equal access to housing under the Federal Fair Housing Act a procedure to request accommodations in the application of land use regulations, policies, and procedures. 2. A request for an accommodation allows an individual with a disability or handicap, his or her representative, or a developer or provider of housing for individual with disabilities, to seek relief from any land use regulation or procedure in this Code that may be necessary to ensure equal access to housing for an individual with a disability. 3. Requests for accommodation may be submitted by any individual with a disability, his or her representative, or a developer or provider of housing for an individual with a disability. B. Review Process. Request for accommodation shall be processed according to Table 4-102, Common Review Procedures and Required Notice, with the following modifications: 1. A request shall be submitted in writing on a form provided by to the Community Development Department, or in another manner deemed acceptable by the Director, along with any additional information requiredsetting forth why an accommodation is necessary in order to provide the applicant with an equal opportunity to use and enjoy a dwelling. 2. Notice. The Applicant shall mail notice of the Public Hearing consistent with section 4-101.E. 3.2. Decision. a. The BOCC shall approve, conditionally approve, or deny any request for reasonable accommodation and shall provide notice of this decision in writing to the Applicant. b. If the request is associated with a Land Use Change Permit or a division of land, the accommodation request and the land use application shall be submitted to and acted upon by the BOCC. c. Prior to the issuance of any permits relative to an approved accommodation, the BOCC may require the Applicant to record a covenant with the County Clerk and Recorder’s Office acknowledging and agreeing to comply with any terms and conditions established in the decision. The covenant shall be required only if the BOCC finds that a covenant is necessary to provide notice to future owners that an accommodation has been approved. 4.3. Duration of Approval and Expiration. a. If the BOCC approves or conditionally approves the request, the request shall be granted to an individual and shall not run with the land unless the BOCC also finds that the modification is physically integrated into the structure and cannot be easily removed or altered to comply with the Code. b. The accommodation may continue to be used and maintained by the individual with a disability for the duration of his or her tenancy in the dwelling subject to 4.a., above. c. Within 60 calendar days of the termination of tenancy, the reasonable accommodation shall be removed unless the BOCC has determined that the accommodation may remain as provided in section 4-119.C. C. Review Criteria. To approve a request for an accommodation, the BOCC must find the accommodation is consistent with the Fair Housing Act and both reasonable and necessary considering the following. The County may impose any condition of approval to ensure that the accommodation would be reasonable. 1. The dwelling unit, which is the subject of the request for accommodation, will be used by an individual or a group of individuals with a disability or handicap protected under the Fair Housing Act. 2. The requested accommodation is necessary to provide the applicant with the opportunity to use and enjoy a dwelling. make the dwelling available to an individual with a disability protected under the Act. 3.2. The requested accommodation would not require a fundamental alteration to the land use, zoning, building, fire, or safety codes adopted by the County. 4.3. The requested accommodation would not impose an undue financial or administrative burden on the County. 5.4. There are no alternative reasonable accommodations available that would provide an equivalent level of benefit.meet the applicant’s disability-related needs. 6.5. The accommodations would be suitable based on the circumstances of this particular case. 7.6. If applicable, the request would be consistent with the Comprehensive Plan future land use designation and with the general purpose and intent of the zoning district in which the accommodation would be located. 8.7. The requested accommodation will not substantially affect the physical attributes of the property.