[Ord. No. 22-11-02, 11-7-2022]
If an application is found to be compliant with this Chapter
and any subsequent amendments the City shall waive the building permit
fee. Any associated plan review cost or third-party consultant fees
incurred by the administrative authority, as well as costs associated
with sewer connection and water tap, will still be charged commensurate
with the most current fee schedule prior to permit issuance.
[Ord. No. 22-11-02, 11-7-2022]
A.
The
purpose of this Chapter is to:
1.
Promote and preserve the public health, safety, and general welfare
of the people of the City of Excelsior Springs regardless of age,
physical ability or stature by ensuring equal access to housing for
all people without significantly impacting housing costs or affordability.
2.
Ensure that all people can visit the homes of their friends and family
members safely.
3.
Enhance the full life cycle use of housing, without regard to the
age, physical abilities or stature of a home’s occupants or
guests, in order to accommodate a wide range of individual preferences
and abilities, in all new residential development within the City
of Excelsior Springs.
4.
Incorporate design features into residential dwelling units that
enhance residents’ ability to remain in their homes during all
stages of life.
[Ord. No. 22-11-02, 11-7-2022]
For the purpose of this Chapter, the following terms shall have
the following definitions:
Standards for features or fixtures, designs, or other improvements,
which are equal to or exceed the minimum requirements of the currently
adopted International Residential Building Code, as may be amended.
A room containing a water closet (toilet), lavatory (sink),
and either a shower, bathtub, combination bathtub/shower, or both
a shower and bathtub that includes features or fixtures, designs,
or other improvements, which are equal to or exceed the minimum requirements
of the currently adopted International Residential Building Code,
as may be amended, and that include blocking within the walls to support
future installation of grab bar/hand rails.
A room containing a bed and can be used for a resident or
guest to sleep that includes features or fixtures, designs, or other
improvements, which are equal to or exceed the minimum requirements
of the currently adopted International Residential Building Code,
as may be amended.
A room commonly used by residents or guests to congregate
that includes features or fixtures, designs, or other improvements,
which exceed the minimum requirements of the currently adopted International
Residential Building Code, as may be amended.
An entrance that may be used by a visitor to the residential
unit that exceeds the minimum requirements of the currently adopted
International Residential Building Code, as may be amended.
An exterior accessible route from the public right-of-way
to an accessible entry that is consistent with the requirements of
ADAAG, as may be amended.
An accessible route from the accessible entry to the living,
eating, sleeping, and/or bathroom facilities located on the primary
entry level.
Internal stairways and stairs with a minimum width of thirty-six
(36) inches wide, top and bottom landings that provide a clear floor
area that is a minimum of forty-eight (48) inches in the direction
of the stair run, and the full width of the stair for the docking
of a chair lift, and includes suitable and appropriate outlets at
the bottom and top of the stairs to provide power for a future chair
lift, or one (1) on each side if the chair lift could be installed
on either side.
A room or space designed to be used for cooking and the preparation
and storage of food and containing a refrigerator, a sink, a stove
and oven that includes features or fixtures, designs, or other improvements,
which exceed the minimum requirements of International Residential
Building Code, as may be amended.
A room containing a water closet (toilet) and lavatory (sink),
but no shower, bathtub, or combination bathtub/shower, that includes
features or fixtures, designs, or other improvements, which exceed
the minimum requirements of International Residential Building Code,
as may be amended, and that include blocking within the walls to support
future installation of hand rails.
An area that is designed to accommodate facilities for the
washing and/or drying of clothes.
The specialized design of the built space, products and indoor
and outdoor environments to be usable by the greatest number of people
with the widest reasonable range of abilities, to the greatest extent
feasible.
enhancement of the ability of a residential dwelling unit
to meet the basic needs of a wide range of guests to enter and use
critical portions of the home to the greatest extent possible, through
specific design choices and decisions.
[Ord. No. 22-11-02, 11-7-2022]
A.
This Chapter may apply to any new design that includes one (1) or more new residential dwelling unit(s) and or renovation(s) complying with Chapter 500 and submitted to the Community Development Department after the effective date of the ordinance from which this Chapter is derived (11-7-2022). All such entitlements shall contain conditions sufficient to ensure compliance with the provisions herein.
B.
All
plans submitted for a building permit for a residential development
subject to this Chapter shall include construction details and plans
showing conformance with the applicable Sections of this Chapter.
C.
The
provisions of this Chapter may apply to:
1.
Rehabilitation or expansion of an existing residential unit;
2.
Reconstruction of an existing residential unit destroyed due to fire
or natural disaster;
3.
Accessory dwelling units;
4.
Addition of five (5) or fewer new residential units above ground
floor commercial space or a parking structure without an elevator;
and
5.
New single-family dwelling units.
[Ord. No. 22-11-02, 11-7-2022]
A.
Visitability.
To ensure that all new residential dwelling units subject to the provisions
of this Chapter meet the basic needs of a wide range of guests to
enter and use critical portions of the home, all units eligible for
incentive shall include the following features:
1.
An accessible exterior access to an accessible entry;
2.
An accessible interior access from the accessible entry to an accessible
powder room, accessible common use room or an accessible bedroom,
and adaptable internal stairs;
3.
Blocking within the walls to support future installation of grab
bar/handrails in all bathrooms; and
4.
If ground floor open space is provided, then an accessible path of
travel to the open space shall be provided.
B.
Universal
Design. To ensure that a share of all new dwelling units are usable
by the greatest number of people with the widest reasonable range
of abilities or disabilities, to the greatest extent feasible, thirty
(30%) percent of all new residential units in a residential development
of five (5) or more units shall include the following features in
order for the entire project to be eligible for incentive:
1.
An accessible exterior access to an accessible entry.
2.
An accessible interior access from the accessible entry to an accessible
bathroom, an accessible common use room, an accessible bedroom, accessible
kitchen, accessible common or private open space; accessible laundry
facility, and adaptable internal stairs.
3.
In determining the number of universally designed units required
by this Subsection, any decimal fraction less than 0.5 shall be rounded
down to the nearest whole number, and any decimal fraction of 0.5
or more shall be rounded up to the nearest whole number.
4.
Architect Of Record Certification. Any residential dwelling unit being constructed under these regulations shall obtain a certification of compliant construction of at least three (3) of the modifications mentioned in Section 555.030, Definitions (specifically the definitions of accessible bedroom through laundry facility) from the architect of record. This certification is required as a condition of issuance for any subsequently issued Certificate of Occupancy or final inspection.
[Ord. No. 22-11-02, 11-7-2022]
A.
A hearing
may be held to consider granting a waiver to any of the provisions
of this Chapter. A waiver may be granted upon (1) or more of the following
findings:
1.
The requested waiver is necessary to make the findings for design
review approval;
2.
The requested waiver is necessary to support the provision of affordable
housing units;
3.
The requested waiver is necessary to avoid an undue and substantial
financial hardship caused by topographical conditions on the site;
the size or configuration of the site; and/or other site constraints;
and/or legal constraints and equivalent facilitation is not available;
or
4.
The requested waiver is necessary to avoid a conflict with adopted
local, regional, State or Federal regulations.
B.
Requests
for waivers shall be transmitted to the City Manager for review and
comment prior to the consideration of the waiver through an administrative
hearing.
C.
When
considering a request for a waiver, the Building Official and the
project applicant may consider incorporating other features into the
project to compensate for the loss of required features or to improve
the accessibility of the units. Those features may include:
1.
A wider front entry door of forty-two (42) inches in width.
2.
Blocking within the walls of all hallways to support future installation
of grab bar/handrails.
3.
Rocker light switches, electrical receptacles, and environmental
controls placed at accessible heights throughout the units.
4.
Removable base cabinets in all bathrooms and/or kitchens.
5.
Accessible shower stalls or tubs in all bathrooms.
6.
Accessible medicine cabinet and integral mirror in all bathrooms.
7.
Accessible countertops with a thirty (30) inch wide workspace and/or
one (1) or more fifteen (15) inch breadboards installed between twenty-eight
(28) inches and thirty-two (32) inches in height in all kitchens.
8.
Any other feature that improves the design of the unit to accommodate
visitors or residents with physical or other disabilities in a way
that makes it usable by the greatest number of people with the widest
reasonable range of abilities, to the greatest extent possible.
D.
Whenever
there shall be a request for a waiver, the City Manager shall call
and have a hearing upon the matter giving all affected parties at
least ten (10) days’ written notice of the hearing.
The City Manager shall make the decision on the waiver request
within five (5) working days following the hearing, said decision
to be transmitted to the requesting party through US Mail or electronically.
