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CHAPTER 1009 PROCEDURES 2251 <br />SECTION: 2252 <br />1009.01: Administrative Deviation 2253 <br />1009.02: Conditional Uses 2254 <br />1009.03: Interim Uses 2255 <br />1009.04: Variances 2256 <br />1009.05: Changes to Approved Plans 2257 <br />1009.06: Zoning Changes 2258 <br />1009.07: Developer Open House Meetings 2259 <br />1009.08: Appeals 2260 <br />1009.01: ADMINISTRATIVE DEVIATION 2261 <br />A. Purpose: Administrative deviations are intended to encourage owners of residential properties in 2262 <br />LDR-1 or LDR-2 LMDR Districts to modernize and improve their properties while maintaining the 2263 <br />overall character of the community. This is accomplished by allowing limited encroachments into 2264 <br />certain required building and driveway setbacks and/or limited increases in fence height. 2265 <br />B. Exceptions: If any part of a proposal does not meet the requirements for administrative deviation as 2266 <br />established in this section, the entire proposal shall be ineligible for administrative deviation approval; 2267 <br />all deviations greater than what is described in this section shall adhere to the variance procedure 2268 <br />established in Section 1009.04. If the entrance to a driveway with a nonconforming setback is 2269 <br />reconstructed as part of a public improvement project or any other public action but is not closer than 2270 <br />2 feet from an interior side property line, the Community Development Department may approve a 2271 <br />driveway setback deviation without adhering to the procedure described in Subsection D below. 2272 <br />C. Limitations by Category of Administrative Deviation: 2273 <br />1. Building Setback Deviation: A building setback deviation is a reduction of the required front, 2274 <br />rear, interior side, and/or reverse-corner side yard setbacks for principal and/or accessory 2275 <br />buildings. A building setback deviation shall not allow the encroachment of a building into public 2276 <br />easements or required standard-corner side yard setbacks. 2277 <br />a. A building setback deviation shall not be allowed for a principal building less than 20 years 2278 <br />old. Age of a principal building is calculated by subtracting the year in which the building 2279 <br />was constructed from the year of application for administrative deviation. Notwithstanding 2280 <br />this age limitation, building setback deviations may be considered for newer homes which 2281 <br />cannot be practically used by mobility-impaired occupants. 2282 <br />b. A building setback deviation shall not allow principal building setbacks of less than 24 feet 2283 <br />from front or rear property lines 2284 <br />c. A building setback deviation shall not allow a principal building setback of less than 3 feet 2285 <br />from an interior side property line. 2286