ARTICLE 23#

27.- REASONABLE ACCOMMODATION#

Sec. 23-27.1.- Intent and Purpose.#

In compliance with federal and state fair housing laws, this Article sets forth a process by which the City may make reasonable accommodations in land use, zoning and building regulations, policies, practices, and procedures for persons with disabilities. The intent is to allow disabled persons with physical or mental impairments an equal opportunity to use and enjoy a dwelling.

(Ord. #2016-604, § 7)

Sec. 23-27.2. - Definitions.#

Unless otherwise noted, the definitions or terms used in this section shall have the same meaning as defined in the California Fair Employment and Housing Act, California Government Code Section 12926 et seq. The terms listed below are illustrative of how they may be understood with respect to housing, for the purposes of this section.

"Disabled Person" shall mean a person who has a physical or mental impairment which limits one (1) or more major life activities or makes achievement of a major life activity difficult.

"Major Life Activity" shall include physical, mental and social activities, which may include but are not limited to self-care, mobility or sensory perception. A temporary condition such as a broken bone, use of crutches, etc. does not qualify as a physical or mental impairment, and thus does not qualify one as a disabled person.

"Reasonable Accommodation" means providing flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, up to waiving certain requirements, when it is necessary to construct or adapt dwelling units that are readily accessible to and usable by disabled persons.

(Ord. #2016-604, § 7)

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Sec. 23-27.3. - Application and fees.#

(a) A request for reasonable accommodation may be made by any person with a disability, or their representative, seeking relief from the strict application of land use, zoning, or building regulations, policies, practices, and procedures of the City.

(b) An application for reasonable accommodation shall be submitted to the Planning Director on a form prescribed by the City. The application shall include the following information:

(1) The name, address, and telephone number of the applicant;

(2) The address of the subject property;

(3) A description of the accommodation requested;

(4) A description of the disability that necessitates the accommodation, to the extent that the disability is not apparent;

(5) A description of the specific regulation, policy, practice, or procedure from which the accommodation is sought;

(6) A description of how the accommodation will be utilized and why it is necessary to afford the disabled person an equal opportunity to use and enjoy the dwelling; and

(7) Any other information reasonably required by the Planning Director to evaluate the request.

(c) No application fee shall be required for a request for reasonable accommodation.

(Ord. #2016-604, § 7)

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Sec. 23-27.4. - Planning Director Action and Required Findings.#

(a) The Planning Director shall review the application and shall approve, conditionally approve, or deny the request for reasonable accommodation. The Planning Director's decision shall be based upon the following findings:

(1) The requested accommodation is necessary to afford the disabled person an equal opportunity to use and enjoy the dwelling;

(2) The requested accommodation will not impose an undue financial or administrative burden on the City;

(3) The requested accommodation will not fundamentally alter the nature of the City's land use, zoning, or building regulations, policies, practices, or procedures; and

(4) The requested accommodation will not create a direct threat to the health or safety of others or cause substantial physical damage to the property of others.

(b) The Planning Director shall issue a written decision within forty-five (45) days of receipt of a complete application, unless a longer period is agreed upon by the applicant.

(c) Any approval of a reasonable accommodation shall be limited to the specific accommodation requested and shall not be construed as a waiver of any other requirement of this Code.

(Ord. #2016-604, § 7)

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Sec. 23-27.5. - Time Limits.#

(a) An approved reasonable accommodation shall be implemented within one (1) year from the date of approval, unless a longer period is specified in the approval or granted by the Planning Director upon a showing of good cause.

(b) If the approved accommodation is not implemented within the required time period, the approval shall expire and become null and void.

(Ord. #2016-604, § 7)

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Sec. 23-27.6. - Appeals.#

(a) Any person aggrieved by a decision of the Planning Director regarding a request for reasonable accommodation may appeal such decision to the Planning Commission within fifteen (15) days of the date of the decision.

(b) The appeal shall be filed in writing with the City Clerk and shall state the grounds for the appeal.

(c) The Planning Commission shall hear the appeal at its next regularly scheduled meeting, or as soon thereafter as practicable. The Planning Commission may affirm, modify, or reverse the decision of the Planning Director based upon the findings set forth in Section 23-27.4(a).

(d) A decision of the Planning Commission may be further appealed to the City Council within fifteen (15) days of the date of the Planning Commission's decision. The City Council shall hear the appeal at its next regularly scheduled meeting, or as soon thereafter as practicable. The City Council may affirm, modify, or reverse the decision of the Planning Commission based upon the findings set forth in Section 23-27.4(a).

(e) The decision of the City Council shall be final.

(Ord. #2016-604, § 7)

Sec. 23-27.3. - Application and fees.

a. An application for reasonable accommodation shall be made upon a form to be provided by the Planning Department, together with any applicable environmental information, forms, and plans. The application shall include, but not necessarily be limited to the following:

1. Documentation that the applicant is a disabled person, is representing a disabled person, or is a developer or provider of housing for one (1) or more disabled persons;

2. Authorization by the legal owner of the real property subject to the request;

3. Identification of the specific code sections from which an exception or modification is requested;

4. Explanation of the necessity for the requested exception or modification; and

5. Plans which illustrate the manner in which the exception or modification is/are intended to be carried out.

b. To the extent permitted by law, any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

c. A fee, as prescribed by resolution of the City Council.

d. To be eligible for consideration of a reasonable accommodation, the property must be in compliance with the laws applicable to the property. If noncompliance is unrelated to the request for reasonable accommodation, and does not jeopardize the health and safety of occupants of the property or nearby properties, then the Planning Director may waive this requirement and act on the request for reasonable accommodation. Such waiver shall not preclude the City from requiring correction of existing violations in accordance with the Villa Park Municipal Code.

(Ord. #2016-604, § 7)

Sec. 23-27.4. - Planning Director Action and Required Findings.

a. Requests for reasonable accommodation shall be reviewed by the Planning Director in accordance with the criteria listed below. The Planning Director shall act upon the request in one (1) of the following ways:

1. By approving the request.

2. By approving the request subject to the imposition of reasonably related conditions.

3. By continuing the request pending the submission of additional information or alternative solutions to the problem.

4. By denying the request.

5. By denying the request without prejudice to the filing of a new reasonable accommodation application.

b. A reasonable accommodation request shall be granted or conditionally granted when the Planning Director finds, consistent with fair housing laws, all of the following:

1. The dwelling subject to the request for a reasonable accommodation will be used by a disabled person protected under fair housing laws;

2. The requested accommodation is necessary to provide the disabled resident(s) an equal opportunity to use and enjoy a dwelling;

3. The requested accommodation will not impose an undue financial or administrative burden on the City;

4. The requested accommodation will not result in a fundamental alteration in the nature of the City's land use and zoning or building program or on the character of the neighborhood affected by the request; and

5. The requested accommodation will not impact the health, safety or general welfare of other individuals and will not result in physical damage to the properties of others.

c. The decision of the Planning Director shall be documented in written form, which shall include the findings set forth above.

d. The Planning Director's determination on a requested accommodation shall become final and effective ten (10) days following the date of final decision unless an appeal of such decision is filed with the Planning Department, pursuant to section 23-27.6 of this chapter.

e. The Planning Department shall keep a permanent record of all decisions of the Planning Director, as well as the ultimate disposition of those applications that are appealed. The record shall be available for public review.

Sec. 23-27.5. - Time Limits.#

a. Any accommodation granted by the Planning Director shall become null and void if not exercised within twelve (12) months from the date of approval.

b. Prior to the date of expiration of the approved accommodation, the time at which such application expires may be extended by the Planning Director for a period or periods not exceeding twelve (12) months for a total of two (2) years.

c. Any accommodation granted or conditionally granted by the Planning Director or by the City Council on appeal, once timely exercised, shall not run with the land but shall remain in effect for the duration of the time that the dwelling is occupied by any person having the disability for which the accommodation was provided or another disability which requires the same accommodation.

(Ord. #2016-604, § 7)

Sec. 23-27.6. - Appeals.#

a. Within ten (10) working days of the Planning Director's final decision, the applicant or any aggrieved party may file an appeal of that decision by filing a letter of appeal with the Planning Department stating the reasons therefore and an appeal fee as set forth by resolution of the City Council. If the tenth working day falls on a weekend or holiday, an appeal may be filed on the next working day.

b. If appealed, the City Council shall hear the appeal, as provided for in section 23-23.4 of this Title, and shall make the findings in section 23-27.4.b. prior to taking an action which has the effect of approving an application for a reasonable accommodation.

(Ord. #2016-604, § 7)