As used in this article 5, unless the context otherwise
requires:
(1) Accessibility point means a unit of value exchanged for different levels
of accessible dwelling types to satisfy the requirements for dwelling accessibility
contained in this article.
(2) Accessible route means an interior or exterior circulation path that
complies with ICC/ANSI A117.1.
(3) Repealed.
(4) Detached residence means a one- or two-family residence that is
separated from adjacent dwellings by an unobstructed physical space. A one- or
two-family residence that is separated from an adjacent dwelling by a physical
space of less than three feet shall not be considered a detached residence.
(5) Ground story level means the lowest story in a dwelling unit containing
habitable rooms or areas with an accessible entrance located on an accessible
route that contains living, sleeping, cooking, bathing, and toilet facilities. For the
purposes of this article, a basement shall not be considered the ground story level
if the finished basement floor is located more than four feet below the exterior
finished grade determined at any point along the exposed periphery of the dwelling
unit.
(5.5) ICC/ANSI A117.1 means the Accessible and Usable Buildings and
Facilities standard, or any successor standard, promulgated and amended from
time to time by the international code council.
(6) Project means the total number of parcels and buildings in a
development planned or constructed by the same developer, builder, or entity on
one site or contiguous sites, and also includes all parcels and structures that are
parts of the same planned development application or agreement. The separation
of contiguous individual buildings, units, lots, tracts, or parcels of land by a property
line or by a public or private road shall not create a separate project.
(7) Property means the site, parcels of land, plats, lots, tracts, individual
dwelling units, existing and proposed structures, and the built environment.
(8) Residential dwelling unit means any portion of a building that contains
living facilities, including a room or rooms in a facility that have shared cooking,
bathing, toilet, or laundry facilities such as dormitories, shelters, assisted living
facilities, and boarding homes. Residential dwelling unit also means facilities that
include provisions for sleeping, cooking, bathing, and toilet facilities for one or more
persons and are used for extended stays, such as time-shares and extended-stay
motels. Residential dwelling unit does not mean a guest room in a motel or hotel.
(9) Technically infeasible, in reference to a proposed alteration to a
building or facility, means that the proposed alteration is not implemented because:
(a) An existing structural condition or conditions make such alteration labor-
or cost-prohibitive;
(b) The building or facility is in strict compliance with minimum accessibility
requirements for new construction and, due to existing physical or site constraints,
such alteration would negatively impact such compliance.
(10) Type A dwelling unit means a dwelling unit designed in accordance
with ICC/ANSI A117.1, section 1002, or any successor section within ICC/ANSI A117.1.
(11) Type A multistory dwelling unit means a multiple-story dwelling unit
with a ground story level designed in accordance with ICC/ANSI A117.1, section
1002, or any successor section within ICC/ANSI A117.1, and, if provided, accessible
laundry facilities on the ground story level.
(12) Type B dwelling unit means a dwelling unit with a ground floor level
designed in accordance with ICC/ANSI A117.1, section 1003, or any successor
section within ICC/ANSI A117.1.
(13) Type B multistory dwelling unit means a multiple-story dwelling unit
with a ground story level that is designed in accordance with ICC/ANSI A117.1,
section 1003, or any successor section within ICC/ANSI A117.1, and, if provided,
accessible laundry facilities on the ground story level.
(14) Type B visitable ground floor means a multiple-story dwelling unit with
an accessible entrance and toilet facility designed in accordance with ICC/ANSI
A117.1, section 1003, or any successor section within ICC/ANSI A117.1.
(15) Undue hardship means a substantial and unusual hardship that is the
direct result of unique physical site conditions such as topography or geology, or
that is the direct result of other unique or special conditions encountered on a
property, but that are not typically encountered in the jurisdiction in which such
property is located. Constraints, complications, or difficulties that may arise by
complying with these statutory standards for accessibility but that do not
constitute an undue hardship shall not serve to justify the granting of an exception
or variance.