The Planning Director may approve encroachments of a principal building or accessory structure into any required setback up to a maximum of fifteen percent (15%) of the applicable required setback, provided that:
(A) The request involves encroachment into two (2) or fewer required setbacks per lot; and
(B) The encroachment is a result of a construction error by the property owner or a person acting on his or her behalf whether discovered during the construction process or afterwards, or special circumstances or conditions exist (e.g., narrowness, exceptional topographic conditions, or the shape of the property) that are not common to other properties that are similarly situated.
(C) The encroachment, if approved, will not pose substantial danger to public health and safety.
In addition, the Director may grant additional encroachments for structures that were constructed prior to May 13, 1999 (Implementation Date of Required Foundation Surveys) which do not meet the setback and other requirements of this Ordinance provided that Item (B) is met above and building permits were obtained and approved for the structure.
(Ord. No. 04-001, 1-8-04; Ord. No. 04-007, 7-15-04; Ord. No. 06-009, 4-27-06; Ord. No. 2007-04, 3-22-07; Ord. No. 2009-LDO-06, 8-13-09; Ord. No. 2011-LDO-01, 1-11-11; Ord. No. 2011-LDO-04, 11-17-11; Ord. No. 2012-LDO-06, 8-9-12; Ord. No. 2013-LDO-02, 6-13-13; Ord. No. 2013-LDO-07, 12-19-13; Ord. No. 2015-LDO-001, 4-21-15; Ord. No. 2015-LDO-006, 12-10-15; Ord. No. 2016-LDO-01, 7-25-16; Ord. No. 2017-ACT-01, 10-26-17; Ord. No. 2019-LDO-01, 9-26-19; Ord. No. 2019-LDO-03, 10-10-19; Ord. No. 2019-LDO-04, 12-12-19; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2022-LDO-02, 4-28-22)