§ 117-31. Administrative officer.

The provisions of this zoning chapter shall be administered by the department of planning, inspection, and code enforcement under the direction of the city planner, who shall act as an administrative official. They may be provided with the assistance of such other persons as the mayor may direct. It shall be the duty of the administrative official to see that this chapter is enforced through the proper legal channels. Appeal from the decision of the administrative official may be made to the board of zoning adjustment. The administrative official, and his designees, are generally empowered to carry out or conduct any activities essential to the proper administration and enforcement of this chapter; said activities to include, but not be limited to, the following:

(1)

Permits. To issue a zoning permit, building permit, and certificate of occupancy when compliance is made with these regulations, to refuse to issue the same in the event of noncompliance, and to give written notice of such refusal and reason thereof to the applicant.

(2)

Collections. To cause the collection of the designated fees as set forth in these regulations.

(3)

Records. To make and to keep all records necessary and appropriate to the office, including record of the issuance and denial of all zoning and building permits, and certificates of occupancy, and the receipt of complaints of violation of these regulations and action taken on the same, and to file such for record.

(4)

Inspections. To inspect any building or land to determine whether any violations of these regulations have been committed or exist.

(5)

Enforcements. To enforce these regulations and take all necessary steps to remedy any condition found in violation. The city may enjoin any individual or property owner who is in violation of this chapter to prevent or correct such violation. Any individual aggrieved by a violation of this chapter may request an injunction against any individual or property owner in violation of this chapter, or may mandamus any official to enforce the provisions of this chapter.

(6)

Advisements. To keep the mayor, city council, planning commission and board of zoning adjustment advised of all matters other than routine which relate to the administration and enforcement of this chapter.

(7)

Reasonable accommodation approval.

a.

Purpose and intent. The purpose of allowing reasonable accommodation(s) is to provide a process for individuals with disabilities to make requests for reasonable accommodation(s) for relief from the various land use, zoning, or rules, policies, practices, and/or procedures of the city. It is the policy of the city, pursuant to the Federal Fair Housing Act, to provide people with disabilities reasonable accommodation(s) in rules, policies, and procedures that may be necessary to ensure equal access to housing.

b.

Requesting reasonable accommodation(s).

1.

In order to make specific housing available to an individual with a disability, a disabled person, or representative may request reasonable accommodation(s) relating to the various land use, zoning, or rules, policies, practices, and/or procedures of the city.

2.

If an individual needs assistance in making the request for reasonable accommodation(s) or appealing a determination regarding reasonable accommodation(s), the planning director will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant.

3.

A request for reasonable accommodation(s) with regard to city regulations, rules, policies, practices, and/or procedures may be filed on an application form provided by the planning director at the time that the accommodation may be necessary to ensure equal access to housing.

c.

Required information. The applicant shall provide the following information when requesting reasonable accommodation(s). This information shall be made part of the public record for the project and subject to all applicable state and federal laws for public access to records.

1.

A completed city application indicating, among other things, the applicant's name, address, and telephone;

2.

Address of the property for which the request is being made;

3.

The current actual use of the property;

4.

The zoning code provision, regulation, or policy from which reasonable accommodation(s) is being requested;

5.

The basis for the claim that the person(s) for whom the reasonable accommodation(s) is/are sought is/are considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing available to the person(s);

6.

Such other relevant information as may be requested by the planning director as the director reasonably concludes is necessary to determine whether the findings required by subsection (7)f. of this section (required findings for reasonable accommodation(s)) can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individual(s) affected.

d.

Approving authority and approval process.

1.

The planning director shall have the authority to consider and take action on requests for reasonable accommodation(s). When a request for reasonable accommodation(s) is filed with the planning department, it will be referred to the planning director for review and consideration as an administrative action unless determined otherwise by the planning director. A request for reasonable physical improvement that cannot be constructed to conform to the city's setbacks or design standards. Typical improvements considered to be "administrative" in nature would include ramps, walls, handrails, or other physical improvements necessary to accommodate a person's disability. The planning director shall issue a written determination of his or her action within 15 days of the date of receipt of a completed application and may:

(a)

Grant or deny the accommodation request; or

(b)

Grant the accommodation request subject to specified nondiscriminatory condition(s); or

(c)

Forward the request to the planning commission for consideration as a conditional use permit and subject to the findings stated in subsection (7)f. of this section (required findings for reasonable accommodation(s)).

2.

In the event the planning director determines that the request for reasonable accommodation(s) is non-administrative in nature, such request shall be forwarded to the planning commission in accordance with section 117-197, conditional use permit) and shall be subject to the findings stated in subsection (7)f. of this section (required findings for reasonable accommodation(s)).

3.

All written determinations of actions of the planning director shall give notice of the right to appeal and the right to request reasonable accommodation(s) on the appeals process (e.g., requesting that city staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action shall be sent to the applicant by mail.

4.

If necessary to reach a determination or action on the request for reasonable accommodation(s), the planning director may request further information from the applicant specifying in detail what information is required. In the event a request for further information is made, the 15-day period to issue a written determination shall be stayed until the applicant fully and sufficiently responds to the request.

e.

Considerations. The city may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

1.

Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;

2.

Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

3.

In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;

4.

In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

5.

The city may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city's zoning code (Chapter 117);

6.

Whether the requested accommodation would fundamentally alter the character of the neighborhood;

7.

Whether the accommodation would result in a substantial increase in traffic or insufficient parking;

8.

Whether granting the requested accommodation would substantially undermine any express purpose of either the city's land use or comprehensive plan or an applicable specific plan;

9.

In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

f.

Required findings for reasonable accommodation(s). In making a determination regarding the reasonableness of a requested reasonable accommodation(s), the approving authority shall make the following findings:

1.

The housing which is the subject of the request for reasonable accommodation(s) will be used for an individual protected under the Fair Housing Act.

2.

The request for reasonable accommodation(s) is necessary to make specific housing available to an individual protected under the Fair Housing Act.

3.

The requested reasonable accommodation(s) does not impose an undue financial or administrative burden on the city and does not fundamentally alter city zoning, development standards, policies, or procedures.

4.

The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning process, as "fundamental alteration" is defined in fair housing laws and interpretive case law.

5.

The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

(Zoning Ord., § 14.44.01; Ord. No. 11:085, § 2, 12-20-2011)