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(A) No person shall occupy any building, house or other structure prior to the time sidewalks are constructed meeting the requirements of this subchapter existing at the time of the proposed occupancy.
(B) However, where the Board of Public Works and Safety finds the existence of conditions of either subsections (1), (2) and (3) combined with (4) below, the Board of Public Works and Safety may, upon application of the property owner and the filing of the waiver required by § 95.18, waive the requirements of this section:
(1) The building, house or other structure, is built upon plot of ground in excess of 10,000 square feet;
(2) The plot of ground upon which the building, house or other structure is built, has a width at the building set back line in excess of 75 feet;
(3) Where the plot of ground adjoins other plots of ground occupied by buildings, houses or other structures, and sidewalks have not been constructed on the adjoining plots of ground as of December 13, 1965; and
(4) The Board of Public Works and safety finds that the absence of sidewalks will not adversely affect the public health and safety of the city and its citizens.
(‘89 Code, § 91.03)