Building Code Board of Appeals Agenda and Packet 2009 09 17

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City of Lafayene Ordinance 39, Series 2007 Page 5 of6 All bathrooms, regardless of their location within the dwelling unit, shall include reinforced walls in order to allow the installation of horizontal grab bars between 33 inches and 36 inches above the floor in compliance with Section 609.4 ICC/ANSI AI17.1-2003 for all walls adjacent to water closets (lOilets), shower stalls, and bathtubs. Section 30-414. Marketing. When models homes are provided as part of the development, at least one (I) single- family dwelling unit model, one (1) two-family dwelling unit model and one (I) multi- family dwelling unit model, as defined in Chapter 26 of the Lafayene Code or Ordinances, shall comply with the requirements of section 30-413. Visitable features shall be listed as an option in all marketing materials for all units within the Residential Development. Section 30-415. Cash In-Lieu Fee (a) If a developer desires to provide cash in-lieu of complying with all or part of the Visitability Regulations then he/she shall, prior to submining the development's preliminary plan application to the planning commission, seek the approval of the city council for such cash in-lieu ofvisiwble dwelling units. (b) The cash in-lieu fee shall be established by a resolution of city council. (c) The cash in-lieu fee shall be placed in an account and shall be used only to bencfit qualified persons, as determined by the city council, seeking assistance to make existing Lafayene housing stock visitable or accessible. Section 30-4 I 6. Waiver (a) The requirements of Article ),.'V of this chapter may be waived, in whole or in part, by the city council based on a recommendation of the planning commission. (b) A waiver may be granted if the developer demonstrates the following: (i) That the number of lots having an excessive slope or other site conditions makes it impracticable to comply with the requirements. (ii) That the number of lots subject to property restrictions, such as easements, makes it impracticable to comply with the requirements. (c) The developer seeking a waiver shall file all documents necessary to prove the existence of the waiver standards herein concurrently with the subminal of the preliminary plan to the planning commission. (d) In the event a lot owner, o\\11ing a lot designated by an approval final PlanIPUD or Minor Subdivision Plan as a visitable lot, desires to obtain a waiver of the visitability requirements the council may consider sllch request based upon a recommendation of the planning commission. If the lot O\\11er fails to demonstrate that excessive slope or property restrictions makes it impracticable to comply with the