16.03.080 Reasonable accommodation.
A. Purpose and Intent. The Federal Fair Housing Act (FFHA) requires that reasonable accommodations be made in rules, policies, practices, or services, when such accommodations may be necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling in conformance with the Federal Fair Housing Act and the Washington Housing Policy Act.
B. Applicability.
1. A request for reasonable accommodation may be made by any person with a disability, the person’s representative, or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities.
2. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of his or her choice.
C. Application Requirement.
1. A request for reasonable accommodation shall be submitted on an application form provided by the community and economic development department and shall contain the following information:
a. The applicant’s name, address, telephone number, and email address;
b. Address of the property for which the request is being made;
c. The current use of the property;
d. The basis for the claim that the individual is considered under the Acts;
e. The code provision, regulation, or policy from which reasonable accommodation is being requested;
f. What specific accommodation is requested and why the accommodation is necessary to make the specific property accessible to the individual.
D. Review Authority.
1. If no approval is sought other than the request for reasonable accommodation, the request shall be reviewed by the community and economic development director or designee as outlined in provisions in 1.C.030, Limited Administrative Review of Application, contained in the City of Lacey Development Guidelines and Public Works Standards.
2. If a request for reasonable accommodation is submitted for review with a land use application requiring a higher level of review, the review authority making the final land use decision shall concurrently review and make a decision on the request.
E. Review Findings.
1. The written decision to grant, grant with modifications or deny a request for reasonable accommodation shall be based on the following findings:
a. The housing, which is the subject of the request, will be used by a disabled individual;
b. The accommodation requested is necessary to make specific housing available to a disabled individual;
c. Potential impact on surrounding uses;
d. Physical attributes of the property and structures;
e. Alternative accommodations which may provide an equivalent level of benefit;
f. The requested accommodation would not require a fundamental alteration in the nature of a city policy or law, including but not limited to the Lacey Comprehensive Plan and zoning;
g. The requested accommodation would not impose an undue financial or administrative burden on the city.
2. In granting a request for reasonable accommodation, the reviewing authority may impose conditions of approval deemed reasonable and necessary to ensure that the accommodation complies with the findings.
F. Appeal of Determination. A determination by the reviewing authority to grant, grant with modifications or deny a request for reasonable accommodation may be appealed pursuant to 1.D.010, Appeals, contained in the City of Lacey Development Guidelines and Public Works Standards. (Ord. 1539 §31, 2019).