The Zoning Administrator may approve a reduction in the minimum yard requirements for existing single-family homes that had approved certificates of occupancy on July 1, 2003, only to accommodate limited improvements to an existing residence and to approve construction of driveways on substandard lots or shared driveways in accordance with the following provisions:
   (A)   The property owner or contract purchaser shall submit an application to the Zoning Administrator. At the time of application, the applicant shall pay a fee in accordance with the town’s fee schedule;
   (B)   The applicant shall submit all information deemed necessary by the Zoning Administrator to permit adequate review of the application;
   (C)   The applicant shall provide notice, by certified mail, to the homeowners’ association in the community to which the subject property belongs and to owners of each property abutting or across the street from the subject property informing them that a request for reduction of minimum yard requirements has been submitted and will be considered by the Zoning Administrator. If the property abutting or across the street from the subject property is of condominium ownership, then notification sent to the condominium association shall be sufficient to satisfy this provision;
   (D)   For applications concerning residential properties located in neighborhoods with homeowners’ association architectural review processes, the applicant shall submit evidence of approval of the requested special use by the applicable homeowners’ association. For properties without homeowners’ association architectural review processes, the applicant shall submit a notarized affidavit stating that an architectural review process does not exist in the subject community;
   (E)   The Zoning Administrator may approve a reduction upon finding that the proposal meets the following criteria:
      (1)   The improvement proposed is consistent with the Comprehensive & Land Use Plan;
      (2)   The improvement proposed does not increase the footprint of the existing single-family dwelling, nor does it convert structural elements that are not currently under roof (such as open decks) to living space;
      (3)   The proposed expansion will not adversely affect adjacent property or the surrounding area;
      (4)   The applicant has demonstrated that the proposed improvement cannot reasonably or logically be accommodated elsewhere on the lot (in the case of shared driveways or individual driveways on narrow lot frontages that render the combination of setback and driveway width standards impossible to attain); and
      (5)   The proposed structural modifications meet sound residential design objectives to:
         (a)   Minimize loss of privacy on neighboring properties; and
         (b)   Avoid reduction of light and air to neighboring properties.
   (F)   The Zoning Administrator may impose conditions upon any reduction as deemed necessary in the public interest to secure compliance with the considerations in this section; and
   (G)   If the Zoning Administrator does not approve a reduction, the applicant may file a special use for consideration by the Town Council or a variance for consideration by the Board of Adjustment, in accordance with the provisions of this chapter.
(Ord. 04-23, passed 10-6-2004, § 24; Am. Ord. 05-04, passed 4-6-2005; Am. Ord. 06-01, passed 4-5-2006; Am. Ord. 21-01, passed 6-2-2021)