§ 9.04.04. Specific Requirements for Minor After-the-Fact Encroachment

Minor after-the-fact yard encroachments for structures , including principal and accessory structures , may be approved administratively by the County Manager or designee. Exceptions to required yards as provided for within LDC section 4.02.01 D. shall not be used in the calculations of existing yard encroachments.

A.

For both residential and non-residential structures the County Manager or designee may administratively approve minor after-the-fact yard encroachments of up to five (5) percent of the required yard , not to exceed a maximum of six (6) inches when a building permit has been issued and a certificate of occupancy has not been granted. The encroachment applies to the yard requirement in effect as of the date the building permit was issued.

B.

For both residential and non-residential structures, the County Manager or designee may administratively approve minor after-the-fact yard encroachments of up to ten percent of the required yard with a maximum of two feet when a building permit and certificate of occupancy has been granted. The encroachment applies to the yard requirement in effect as of the date the building permit was issued.

1.

Exception. Residential structures shall be deemed compliant with the applicable development standards and no variance shall be required when the following additional conditions apply:

a.

The building permit and certificate of occupancy were approved in compliance with the required setbacks in effect at that time;

b.

The encroachment does not exceed three inches into the required yard;

c.

The only portion of the structure encroaching into the required yard is the exterior wall treatment; and

d.

The required structure to structure separation, as identified in LDC section 4.02.02, is satisfied.

C.

For property supporting a single-family home, two-family home, duplex , mobile home or modular home, the County Manager or designee may administratively approve encroachments of up to twenty-five (25) percent of the required yard in effect as of the date of the building permit when one of the following conditions exists:

1.

In the presence of mitigating circumstances, where the encroachment does not result from error or action on the part of the property owner and a building permit has been issued.

2.

Where no building permit record can be produced and the following criteria are met:

a.

An after-the-fact building permit for the structure , or portion of the structure , is issued prior to the approval of the administrative variance. The administrative variance will only be approved once all inspections have been completed. The certificate of occupancy shall be placed on hold until the administrative variance is approved.

b.

The encroaching structure , or portion of the structure , was constructed prior to the purchase of the subject property by the current owner.

c.

Evidence is presented showing that the encroaching structure , or portion of the structure , was constructed at least two (2) years prior to the date of application for the administrative variance. This evidence may be in the form of a survey, property card, or dated aerial photograph clearly showing the encroachment.

d.

The encroaching structure is either an addition of living area to a principal structure , or an accessory structure of at least two hundred (200) square feet in area.

e.

The encroachment presents no safety hazard and has no adverse affect on the public welfare.

D.

Where a structure was lawfully permitted within a residential zoning district under a previous code, and where said structure is considered nonconforming under the current Land Development Code, due to changes in the required yards , the County Manager or designee may administratively approve a variance for an amount equal to or less than the existing yard encroachment.

E.

Under no circumstances shall any administrative variance be approved which would allow a reduction of the separation between structures to less than ten (10) feet.

F.

Administrative variances approved pursuant to the above do not run with the land in perpetuity and remain subject to the provisions of this section regarding nonconforming structures .

(Ord. No. 06-63, § 3.OO; Ord. No. 16-27, § 3.U; Ord. No. 18-18, § 3.N)