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A. Purpose. The federal Fair Housing Act and Fair Housing Act Amendments require that reasonable accommodations be made in the rules, policies, practices, or services, when such accommodations may be necessary to afford disabled persons equal opportunity to use and enjoy a dwelling. The rights created by the statutes are requirements of federal law and shall be interpreted and applied in accordance with federal case law.

B. Scope. The City Planner or his or her designee is therefore authorized to make reasonable accommodations in the provisions of this title as such provisions apply to dwellings occupied or to be occupied by disabled persons as defined by the federal Fair Housing Act and Fair Housing Act Amendments. Accommodations may include:

1. Reducing the setback requirements to retrofit a house with handicapped accessible facilities.

2. Other modifications to this title necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling, provided such modification does not reduce public safety nor keep the intent of the code from being met.

C. Procedure.

1. Request. A request for a reasonable accommodation in the form of a modification of this title may be made to the City Planner and must include verifiable documentation of the disability and need for accommodation. Such accommodation shall be reasonable, personal to the applicant and granted pursuant to the definitions and requirements of the Fair Housing Act and Fair Housing Act Amendments as the same exists or is hereafter amended.

2. Decision. The written decision of the City Planner or his or her designee shall be provided to the applicant and copies of the decision posted at City Hall, and on or near the subject site, and mailed to all property owners within 300 feet of the subject site.

3. Recording of Decision. Notice of the decision of the Planning Director or his or her designee shall be recorded with the Snohomish County Auditor to apprise prospective purchasers of the reasonable accommodation granted hereunder. All such notices shall conspicuously state that all accommodations granted under this section are personal to the applicant and that they expire when the applicant terminates his or her occupancy at the subject site.

4. Appeals. The decision of the City Planner or his or her designee shall be appealable to Hearing Examiner in accordance with the provisions of SMC 14.20.170. The appeal period for such appeals shall commence on the date the notice of decision is postmarked.

D. Criteria. The City Planner or his or her designee may determine that such reasonable accommodations may be necessary in order to comply with the federal Fair Housing Act and Fair Housing Act Amendments. All such accommodations shall be personal to the applicant and shall expire immediately if the disabled applicant terminates occupancy at the subject site. (Ord. 2268, 2014)

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