Discretionary power of the Building Official. Notwithstanding
any provision of this chapter inconsistent herewith, the Building
Official shall have the authority, in his discretion, to issue building
permits in cases where there are variations from the requirements
as follows:
(a)
Where the variation is no greater than 5% from
any dimensional requirement and there exists a practical difficulty
in carrying out the dimensional requirements of the Zoning Chapter.
(b)
Where the intent of the fencing or screening
is provided by some other method acceptable by the Building Official
and public safety is not endangered.
(c)
Where the location of the fencing and/or screening
for swimming pools is a greater distance from the pool than the maximum
specified in this chapter and where public safety is not endangered.
(d)
Where the size of the access and egress curb
cuts are deemed to be insufficient by the Department of Public Works.
(e)
The Building Official may request that an affidavit
be submitted, together with the application for a building permit,
by a licensed architect or engineer setting forth in detail the practical
difficulty on the part of the applicant for the building permit in
carrying out the dimensional requirements of this chapter.
(f)
The Building Official may accept an affidavit from the owner of the property in lieu of the affidavit indicated in Subsection B(3)(e) above if he deems that the variation requested is insubstantial and public safety is not endangered.
(g)
The Building Official may issue a permit for construction staging,
general construction management activities, public parking of private
passenger vehicles associated with construction on a temporary basis,
and/or placement, preparation and staging of equipment and materials
ancillary to construction activities for a location not included in
the site plan approval, provided that such a location is within 500
feet of the approved site plan location as measured from property
line to property line.
[Added 10-15-2019 by Ord. No.
2019-216]
