§ 62-1153. Administrative waiver of setback requirements by zoning official.

(a)

In all residential zoning classifications, side, rear and front setbacks may be partially waived by the zoning official under the following conditions:

(1)

The waiver shall only apply to setbacks imposed by the applicable zoning classification or section 62-2123 pertaining to swimming pools and screened enclosures.

(2)

The waiver shall not exceed ten percent of the required minimum setback or setbacks as specified in subsection (a)(1), except as provided in subsection (a)(7).

(3)

The waiver shall not, in the opinion of the zoning official, have an adverse effect on the neighborhood or general welfare of the area.

(4)

The waiver shall apply only to the principal structure or an accessory structure.

(5)

Total structural coverage of the lot area shall not exceed 50 percent of the total lot area.

(6)

In the TRC-1 zoning category, the 50 percent structural coverage requirement shall not apply.

(7)

The setback waiver request may be considered up to 20 percent of one setback only if the request is the result of an error discovered during construction of a one-story residence under a valid building permit.

(b)

Applicants for the administrative waiver of setback requirements shall submit a letter to the zoning official setting forth the specific request and the need therefor. The letter shall have the following documents attached thereto:

(1)

A signed affidavit from all abutting property owners who will be most directly affected by the requested waiver indicating no objection to the requested waiver of setback.

(2)

Verification by certified survey of existing setbacks, and the percentage of the total structural coverage on the lot.

(c)

Failure of the applicant to obtain signatures of all abutting property owners will require a public hearing before the board of adjustment for a variance. For the purposes of this section, the term "abutting" does not include lots that touch at only one point.

(d)

Denial of the request for an administrative waiver under the provisions of this section may be appealed to the board of adjustment under the provisions of section 62-214.

(Code 1979, § 14-20.59(B); Ord. No. 93-17, § 1, 6-22-93; Ord. No. 96-07, § 1, 3-5-96; Ord. No. 09-10, § 1, 3-24-09)