§ 18.118.020 — Applicability

A. Eligible Applicants. 1. A request for Reasonable Accommodation may be made by any individual with a disability, their 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. An individual with a disability is an individual who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment; but not including an individual’s current, illegal use of a controlled substance, unless an individual has a separate disability. B. Eligible Request. 1. A request for Reasonable Accommodation may include a modification or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of their choice. 2. A request for Reasonable Accommodation shall comply with Section 18.118.030 (Application Filing, Processing, and Review), below. 3. Reasonable Accommodation does not include an accommodation that would: (a) Impose an undue financial or administrative burden on the City; or (b) Require a fundamental alteration in the nature of the City’s land use policies or zoning regulations. C. Department Notice. 1. Notice of the availability of Reasonable Accommodation shall be prominently displayed at public information counters in the Department advising the public of the availability of the procedure for eligible individuals. 2. Forms for requesting Reasonable Accommodation shall be available to the public in the Department. D. Assistance with Request. If an individual with a disability or representative needs assistance in making a request for Reasonable Accommodation, or appealing a determination regarding Reasonable Accommodation, the Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by an individual designated by the applicant as his or her representative or a developer or provider of housing for individuals with disabilities. E. Other Obligations Not Affected. A Reasonable Accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation. F. Laws Remain in Effect During Processing. While a request for Reasonable Accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.