Notwithstanding the setback requirements set forth in this chapter, upon application and demonstration to the satisfaction of the Zoning Administrator that the same is reasonably necessary to allow for access or egress or for emergency services (“modification”), the Zoning Administrator shall allow a reasonable modification of setback requirements by permitting ramps, structures, and equipment needed to provide access or egress or for emergency services for a specific, identified individual with disabilities under the United States Americans with Disabilities Act of 1990 to encroach into any setback to the minimum distance necessary to provide the access or egress or for emergency services. The Zoning Administrator may seek guidance from appropriate governmental building and life safety officials when considering the application for modification. The Zoning Administrator shall report approval of such modification to the Town Council at the next regularly scheduled meeting. Any such modification approved by the Zoning Administrator shall: be constructed in accordance with the State Uniform Statewide Building Code, being 13 VAC 5-63 and is subject to all applicable review permitting and inspections requirements and fees; and be promptly removed and the setback restored to conform to this chapter upon discontinuance of the need. The Zoning Administrator may require reasonable documentation and access to the property to substantiate the extent of the need for the modification.
(1998 Code, § 66-12) (Ord. passed 9-5-2017)