A. The purpose of the limited setback waiver for one- and two-family residential structures that meet the following criteria established by the city council is to encourage reinvestment and infill housing, and to maintain property values in the city's residential neighborhoods. The city planner shall issue a waiver only for such setback adjustments that meet the following criteria. No public hearing or zoning board of adjustment review shall be required if the following criteria can be met. If these criteria are not met, then the applicant still has the opportunity to apply for a special exception from the zoning board of adjustment, in which case the criteria for the special exception, not the limited setback waiver, would apply.
B. The limited setback waiver requested is 33.3 percent or less of the required setback(s).
C. That all abutting property owner(s), including property owners directly across the street, agree(s) to the setback waiver(s) on a notarized letter stating they have no objection to the request.
D. The setback waiver requested for an additional or an accessory structure is the same or greater than the setback(s) of the existing structure.
E. The setback waiver request for reconstruction of an addition or an accessory structure is the same or greater than the setback(s) of a previously existing structure that has been removed. (Ord. 52-09, 10-19-2009)