§ 62-305. Reasonable accommodation standards and procedures.

Reasonable accommodation. It is the policy of the county to provide fair access to housing for persons with disabilities and all other persons protected by the Federal Fair Housing Act, including providing reasonable accommodation in the application of the zoning regulations governing residential uses pursuant to federal and state law.

(1)

The persons requesting relief must demonstrate that the requested accommodation is appropriate and that, without the accommodation, they would be denied the opportunity to enjoy housing of their choice in the community of their choice. Once this standard is met, the burden shifts to the county to determine whether the requested accommodation is unreasonable.

(2)

In making a determination as to whether a requested accommodation is reasonable, the following standards shall be applied:

a.

Whether the requested accommodation imposes an undue financial or administrative burden on county services, such as but not limited to, law enforcement, utilities, public works, traffic safety, public safety and public transportation; or

b.

Whether the requested accommodation requires a fundamental alteration of the ordinance, zoning regulations, comprehensive plan and the neighborhood; or

c.

Whether the requested accommodation undermines legitimate purposes and effects of existing zoning.

(3)

The following factors shall be weighed in considering reasonable accommodation:

a.

Special needs created by the disability;

b.

Potential benefit that can be accomplished by the requested modification, which may include:

1.

Opportunity to enjoy support, security, location, services, proximity to work or friends provided in a group home in the community of choice;

2.

Opportunity to plan a residential community with special amenities;

c.

Potential impact on surrounding uses;

d.

Physical attributes of the property and structures thereon;

e.

Choice of alternative accommodations which may provide an equivalent level of benefit; and

f.

Whether, in the case of a determination involving a single family dwelling, the household would be considered a single housekeeping unit if it were not using special services that are required because of the disabilities of the residents.

g.

Other considerations when evaluating requests for reasonable accommodation:

1.

Character of the neighborhood and zoning classification (residential or non-residential);

2.

Residential character of the house (consistency of interior and exterior with single-family usage); and

3.

Parking needs of residents.

(4)

Procedures for evaluating reasonable accommodation.

a.

Requests for reasonable accommodation shall follow the application and public hearing procedure set forth in Article II, Division 6 of this chapter.

b.

In the event that a request for reasonable accommodation is not decided within 60 days of the date of application, the request shall be automatically granted. This time period may be extended upon agreement of both parties.

(Ord. No. 2003-03, § 1, 1-14-03)