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(1) Any reasonable accommodation made pursuant to this chapter shall accommodate the disability of, and be personal to the applicant, and shall not run with the land, unless all the following are met:

(a) the accommodation is a change to a residential structure;

(b) the accommodation is necessary to a disabled person using the structure or to the operation of a residential care provider to the disabled; and

(c) if applicable, any future operator of similar facilities at the site has established the same use within six months of the date of discontinuation of the use for which the accommodation was allowed.

(2) If a residential structure possessing a physical change that was the result of a reasonable accommodation made pursuant to this chapter is vacated, sold or transferred to a person or entity not qualifying for the reasonable accommodation, the director may require that the structure be brought into compliance with the standards that were modified, varied or waived pursuant to this chapter. (Added by Amended Ord. 04-010, Mar. 3, 2004, Eff date Mar. 15, 2004).