Chapter 17.94
REASONABLE ACCOMMODATION PROCESS
Sections:
17.94.020 Reasonable accommodations.
17.94.030 Waiver of building code requirements.
17.94.040 Accommodations personal to the applicant.
17.94.010 Purpose.
This chapter has been enacted to authorize the city administrator or his designee to waive or vary provisions of the Grandview Municipal Code (“GMC”) when necessary to reasonably accommodate the statutory rights of the disabled under the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA) or the Washington Law Against Discrimination (WLAD). This process shall be interpreted and administered in order to ensure the full exercise and enjoyment of a disabled person’s right to the residential housing of his or her choosing. The provisions of this chapter shall not apply to commercial activities or zones; provided, however, that nothing herein shall be interpreted to limit the exercise of a disabled person’s rights by or through a residential care provider. In the event of any conflict or if an interpretation of this chapter is required, it shall be implemented and interpreted in accordance with the provisions of the ADA, FHA and WLAD. (Ord. 2016-11 § 1).
17.94.020 Reasonable accommodations.
A. Upon the application of a disabled person or individual or entity providing services to the disabled in a residential facility or other group living arrangement, the city administrator or his designee is hereby authorized to vary, modify, or waive the provisions of the GMC, including the provisions of GMC Titles 15 and 17, in order to provide a reasonable accommodation as necessary to provide to a disabled person’s or care provider to the disabled person’s full enjoyment of a residence.
B. The city’s duty to accommodate is an affirmative one, and the city administrator is thereby authorized to provide accommodations in a thoughtful and proactive manner.
C. The city administrator shall provide written notice of the accommodation to the applicant and property owners within 300 feet of the subject site.
D. When applying this reasonable accommodation process to the Grandview Municipal Code, including the International Building Code and other codes adopted pursuant to GMC Title 15, the city and its staff shall avoid stereotypical assumptions regarding the disabled and shall attempt to ascertain the actual physical and/or mental limitation of the disabled individual in order to craft an accommodation which best suits the exercise of that individual’s rights. (Ord. 2016-11 § 1).
17.94.030 Waiver of building code requirements.
No reasonable accommodation shall be provided by a waiver or variance of the provisions of the codes adopted pursuant to GMC Title 15 which does not substantially accomplish the purposes of those chapters or which would reduce the fire safety of any structure. Modifications, waivers or variances of the provisions of International Building Code, International Fire Code and the other codes adopted pursuant to GMC Title 15 shall provide at least the same level of safety required by the respective code. The applicant shall have the burden of establishing that the proposed modification, waiver or variance accomplishes substantially the same purpose without reduction of fire safety. (Ord. 2016-11 § 1).
17.94.040 Accommodations personal to the applicant.
The accommodation provided shall be personal to the applicant and shall not run with the land; provided, however, that a change in a residential structure necessary to accommodate the operation of a residential care provider to the disabled may be continued by future operations of similar facilities at the site who establish the same use within six months of the date the prior use by disabled person or residential care provider ceases. The city administrator may therefore direct that any physical change in the structure which would otherwise be illegal under the use or bulk requirements of the city’s land use ordinances be brought into compliance six months after the date of sale or transfer of a residential structure to a person or entity not qualifying for the protections of the ADA, FHA and WLAD. (Ord. 2016-11 § 1).
17.94.050 Appeal.
A decision of the city administrator under this chapter may be appealed to hearing examiner within 10 days of the date of mailing the written notice of decision pursuant to GMC 17.94.020(C). Only persons residing within 300 feet of the building site may file an appeal pursuant to this section. An appeal must be accompanied by an appeal fee in the amount of $150.00. The appeal will be processed in accordance with Chapter 2.50 GMC. The decision of the city administrator shall be overturned or modified only if the hearing examiner finds that the decision does not comply with applicable law. (Ord. 2016-11 § 1).