A. Unit Coverage. Fifteen percent (15%) of all owner-occupied, all rental, all owner-occupied and rental residential dwelling units for which a new construction building permit is submitted to the building department, except that one hundred percent (100%) of all designated senior housing residential projects shall contain all interior features of this chapter.
B. Exemptions.
1. When the applicant adequately demonstrates and the building official determines that compliance with any portion of any regulation under this chapter would create an undue hardship and that equivalent facilitation is not available, an exception to that portion of the regulation may be granted when equivalent facilitation is provided.
2. When the applicant adequately demonstrates and the building official determines that compliance with any portion of any regulation under this chapter would create an undue hardship due to topographical conditions of the site; and/or the size of the site; and/or other site constraints; and/or legal constraints; and that no equivalent facilitation is available, an exemption to that portion of the regulation may be granted.
3. When the applicant adequately demonstrates and the building official determines that a residential dwelling unit is being reconstructed or substantially rehabilitated as a result of a disaster, as determined by the building official, an exemption to all or any portion of this chapter may be granted.
C. Unit Types. New construction of all single-family residential dwellings that are part of a tract, duplex, triplex, condominium, townhouse or other residential dwellings shall be subject to this chapter unless exempted below.
1. All new single-family dwelling units that are constructed subject to a parcel map that do not exceed five (5) lots.
2. All single-family residential in-fill lots.
D. Area Coverage. To the extent that this chapter applies to residential new construction, the requirements of this chapter only apply to those portions of the residential dwelling unit being newly constructed.
(Ord. 370 § 1 (part), 2006)