12.060 Exceptions to Required Setbacks.
A. Exception – Principal Dwelling/Building. The Director may grant an exception for the principal dwelling/building, in the same manner as provided in Section 24.060 (Conditional Use Permits), from the development standards regulating building encroachment into required setbacks in residential districts when all of the following findings can be made based on substantial evidence in the record:
1. The encroachment is consistent with the prevalent development pattern in the immediate area;
2. The encroachment will not adversely affect the privacy of adjacent properties;
3. The encroachment will not significantly increase shading of adjacent properties; and
4. Conditions will be imposed to accommodate maintenance and drainage requirements.
B. Exception – Accessory Building. The Director may grant an exception for the reconstruction, renovation or expansion of existing accessory buildings and structures, in the same manner as provided in Section 24.060 (Conditional Use Permits), from the required setbacks for accessory buildings and structures contained in Tables 4.6 through 4.13 when all of the following findings can be made based on substantial evidence in the record:
1. The setback will be consistent with the prevalent development pattern for similar building uses in the immediate area;
2. The location of the accessory building or structure will not adversely affect the privacy of adjacent properties;
3. The location of the accessory building or structure will not significantly increase shading of adjacent properties;
4. Conditions will be imposed to accommodate required maintenance and drainage; and
5. The design of the accessory building or structure is compatible with that of the principal dwelling and will not detract from appearance of the immediate area. (Ord. 2811 § 3, 2022.)