A. Applicability
1. In accordance with the provisions of this Section, staff may modify a required building setback in cases where the following conditions apply:
a. For properties located outside the Infill Incentive District Area:
(1) The subject property contains an existing single-family dwelling unit; and
(2) The modified setback results in a building setback of no less than five feet from a rear or side property line unless the subject property abuts a platted alleyway or dedicated drainageway in which case a modified setback shall provide no less than one-foot of building setback from a rear or side property line that abuts a platted alleyway or dedicated drainageway.
b. For properties located inside of an Infill Incentive District Area:
(1) The subject property is used or proposed to be used for residential purposes; and
(2) The modified setback results in a building setback of no less than five feet from a rear or side property line unless the subject property abuts a platted alleyway or dedicated drainageway in which case a modified setback shall provide no less than one-foot of building setback from a rear or side property line that abuts a platted alleyway or dedicated drainageway.
(3) The modified setback results in a building setback of no less than fifteen feet from a front lot line adjoining the primary frontage or no less than ten feet from a front lot line adjoining the secondary frontage (on corner lots); provided, however, no setback modification shall be granted for that portion of a front facade containing an enclosed garage or carport.
2. In accordance with the provisions of this Section, staff may modify the maximum fence or wall height on properties used for residential purposes, provided however, any existing wall proposed to be elevated shall be certified by a professional engineer or architect registered in the State of Arizona as being able to support the modification in accordance with local building codes.
B. Application. Requests shall be made on application forms provided by the Department of Community Development.
C. The City shall notify, by mail, the property owner(s) most affected by the proposed request. The notice shall include a sketch plan of the site.
D. Standards. The City shall grant a modification of the setback after these following standards have been met:
1. The request shall not substantially reduce the amount of privacy that would otherwise be enjoyed by nearby residents. This is determined by the responses from adjacent property owners and staff observations.
2. Significant views of prominent land forms or parks from nearby properties will not be obstructed any more than would occur if the request was granted.
3. Traffic visibility on adjoining streets will not be adversely affected;
4. Drainage from proposed buildings and structures will not adversely affect adjoining properties and public rights-of-way;
5. The location of proposed buildings and structures, and the activities to be conducted therein, will not impose objectionable noise levels or odors on adjoining properties.
6. The proposal will not interfere with the daily living activities or injure the rights of adjacent property owners. This is determined by the responses from the adjacent property owners and staff observations.
E. Determination by the City
1. The City shall review all the submitted information and provide a written response to the petitioner of the action.
2. The City shall approve the application if all the standards as stated in 151.04.006
.D are met. Once granted, the building permit may be issued. The permit must be issued within 120 days of the granting of the request. Approval of the request does not set precedent; each request is reviewed on an individual basis.
3. The request shall be denied if the standards as stated in 151.04.006
.D are not met. The decision shall indicate the reasons why the request was denied.
F. Fees. Fees for administrative modifications shall be determined according to a schedule established by the Council.
G. Appeals to the Hearing Officer. Any aggrieved person may appeal the decision of the City to the Hearing Officer, which will be heard in accordance with Section 151.30.008
. Upon filing an appeal, the applicant shall pay a filing fee established by the Council.
(Ord. 2004-013, passed 11-9-04; Am. Ord. 2010-017, passed 9-23-10; Am. Ord. 2018-002, passed 2-8-18; Am. Ord. 2019-007, passed 11-14-19)