22.10.080 Reasonable accommodation.
A. Eligibility. Any person claiming to have a handicap or disability, within the meaning of the Fair Housing Amendments Act (FHAA), 42 U.S.C. 3602(h) or the Washington Law Against Discrimination (WLAD), Chapter 49.60 RCW, or someone acting on his or her behalf, who wishes to be excused from an otherwise applicable requirement of these unified development regulations pursuant to the requirement of the FHAA, or the WLAD, that reasonable accommodations be made in rules, policies, practices, or services when such accommodations may be necessary to afford persons with handicaps or disabilities equal opportunity to use and enjoy a dwelling, shall make such request for reasonable accommodation to the zoning administrator.
B. Procedure.
1. An applicant for reasonable accommodation must provide verifiable documentation of handicap or disability eligibility to the zoning administrator and describe the need for and proposed accommodation.
2. The zoning administrator shall determine what adverse land use impacts, including cumulative impacts, if any, would result from granting the proposed accommodation. This determination shall take into account the size, shape and location of the dwelling unit and lot; the traffic and parking conditions on adjoining and neighboring streets; vehicle usage to be expected from the residents, staff and visitors; and any other circumstances determined to be relevant.
3. The applicant’s need for accommodation shall be considered in light of the anticipated land use impacts, and conditions may be imposed in order to make the accommodation reasonable in light of those impacts.
4. A grant of reasonable accommodation permits a dwelling to be inhabited only according to the terms and conditions of the applicant’s proposal and the zoning administrator’s decision. If it is determined that the accommodation has become unreasonable because circumstances have changed or adverse land use impacts have occurred that were not anticipated, the zoning administrator shall rescind or modify the decision to grant reasonable accommodation.
5. The zoning administrator shall act promptly on the request for accommodation and shall not charge any fee for responding to a request for accommodation.
6. Nothing herein shall prevent the zoning administrator from granting reasonable accommodation to the full extent required by federal or state law.
7. The zoning administrator’s decision shall constitute final action by the city on a request for accommodation, and review of the decision will be available only in superior court. Any appeal must be filed not more than twenty-one days after the issuance of the zoning administrator’s decision. (Ord. 005/2019 § 10 (Exh. B))