Sec. 10-2.804. Setback measurement and exceptions.

(a)    This section provides standards for the size of setbacks. These standards provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation, and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping, and recreation.

(b)    All structures shall comply with the setback requirements of each zoning district, and with any setbacks established for specific uses by this article, except as otherwise provided by this section. Portions of any structure, including eaves or roof overhangs, shall not extend beyond a property line or into an access easement or street right-of-way, without first securing an encroachment permit.

(1)    Where setbacks have been established for individual vacant parcels by a specific plan, an approved subdivision map, or other entitlement, those setbacks shall apply to continuing development within the approved project instead of the setbacks required by these Zoning Regulations.

(2)    The Commission may authorize uniform setbacks for a specific project that are different from those required by Articles 2 through 7 of this chapter, through the approval of a planned development permit (Article 23 of this chapter).

(c)    Setbacks shall be measured as follows:

(1)    The front setback shall be measured at right angles from the nearest point on the front property line of the parcel (or edge of access easement on a private street) to the nearest point of the wall of the structure, except as follows:

i.      For flag lots, with a fee ownership strip extending from a street or right-of-way to the building area of the parcel, the area of the required front setback shall be determined by the Director, but shall not be less than the required side setback.

ii.     For corner parcels, the measurement shall be taken from the nearest point of the structure to the nearest point of the property line adjoining the street which provides the street address, or provides access to the site, as determined by the Director.

iii.    The front setback for fences, walls, hedges, and screening shall be measured at right angles from the nearest point on the front property line of the parcel (or edge of access easement on a private street) to the nearest point of the wall of the primary structure.

(2)    The side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest line of the structure, establishing a setback line parallel to the side property line, which extends between the front and rear yards.

(3)    The side setback on the street side of a corner parcel shall be measured from the nearest point of the side property line adjoining the street, or the easement for a private road.

(4)    The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest line of the structure, establishing a setback line parallel to the rear property line. The Director shall determine the location of the required rear setback on a double-frontage parcel.

 

Figure 3-3

LOCATION AND MEASUREMENT OF SETBACKS

 

(d)    The minimum setback requirements of these Zoning Regulations apply to all development and new land uses, except for the following:

(1)    Fences or walls six (6′) feet or less in height above the finish grade of the site, when located outside of the front setback, or not more than three (3′) feet in height within a front setback;

(2)    Decks, earthworks, free-standing solar devices, steps, terraces, and other site design elements that are placed directly upon finish grade and do not exceed a height of eighteen (18″) inches above the surrounding grade at any point; and

(3)    Retaining walls less than thirty-six (36″) inches in height above finish grade. Embankments to be retained that are over forty-eight (48″) inches in height shall be benched so that no individual retaining wall exceeds a height of thirty-six (36″) inches.

(e)    Limitations on uses of setbacks.

(1)    Required setback areas shall not be occupied by structures other than:

i.      The fences, walls, and hedges allowed by Section 10-2.805; and

ii.     The projections into setbacks allowed by subsection (f), below.

(2)    Front or street side setbacks, or any other portion of a parcel visible from a public street, shall not be used for the storage of boats, garbage, habitable trailers, junk, scrap, trash, utility trailers, and similar equipment, items, or vehicles. This restriction includes the storage of operable or inoperable vehicles in other than improved parking areas.

(3)    Required residential parking spaces shall not be located within required setback areas. Temporary (overnight) parking is allowable within required setback areas only on paved driveways, in compliance with Section 10-2.1408

(4)    Within a residential zoning district, pavement within a front yard shall be limited to:

i.      A driveway no wider than the garage doors it accesses; and

ii.     A pedestrian walkway not more than five (5′) feet wide, unless more pavement is approved through design review (Article 20 of this chapter).

(f)    Attached architectural features and certain detached structures may project beyond the wall of the structure and into the front, side, and rear setbacks, in compliance with the following requirements:

(1)    Architectural features attached to the main structure may extend beyond the wall of the structure and into the front, side, and rear setbacks, in compliance with Table 3-1. See also Figure 3-4.

(2)    Air conditioning, heating, and similar equipment may extend up to thirty (30″) inches into side and rear setbacks, but no closer than thirty-six (36″) inches to any property line. (Swimming pool, hot tub, and spa equipment are subject to the requirements in subsection (g) below.)

(3)    A structure designed with irregular or articulated wall elements may project into the required front and rear setback areas provided that the average distance of the walls from the property lines complies with the setback requirements.

Table 3-1

ALLOWED PROJECTIONS INTO SETBACKS

 

 

Allowed Projection into Specified Setback

Projecting Feature

Front Setback

Side Setback

Rear Setback

Bay windows, and similar projecting windows

20% of setback

20% of interior setback (2); 40% of street side setback (2)

20% of setback

Chimney/fireplace, 6 ft. or less in breadth

24 in. (1)

24 in. (1)

24 in. (1)

Cornice, eave, awning, roof overhang

30 in.

30 in. (2)

30 in. (2)

A roof structure without walls that covers a porch, deck, balcony, or patio.

25% of setback to a maximum of 6 ft.

20% of side setback; 40% of street side setback

12 ft. in single-family districts; 5 ft. in multi-family districts

Deck, balcony, porch, stairway - uncovered, and less than 30 in. above grade

May project to 15 ft. in front setback and to property line in other setback areas

 

 

Notes:

(1)  Feature may project no closer than thirty-six (36″) inches to any side property line.

(2)  Feature may project no closer than twenty-four (24″) inches to any property line.

 

Figure 3-4

EXAMPLES OF ALLOWED PROJECTIONS INTO SIDE SETBACKS

 

(g)    Setback requirements for specific structures.

(1)    For fences, see Section 10-2.805

(2)    Detached decks, earthworks, freestanding solar devices, steps, terraces, and other site design elements which are placed directly upon finish grade, and which exceed a height of eighteen (18″) inches above the surrounding grade at any point, shall conform to the setback requirements of these Zoning Regulations for detached accessory structures. (Note: Site design elements less than eighteen (18″) inches above finish grade are exempt.)

(3)    Swimming pools, hot tubs, and spas shall be set back a minimum of five (5′) feet from the side and rear property lines. The associated equipment for the above listed facilities shall be set back a minimum of five (5′) feet from the side and rear property lines.

(h)    The minimum distance between residential structures on the same parcel shall comply with Table 3-2.

Table 3-2

MINIMUM DISTANCE BETWEEN STRUCTURES

 

Characteristics of Residential Structures

Minimum Distance Between Structures (1)

1-story structures

10 ft.

2-story structures

15 ft.

Where one (1) or both walls contain windows (2)

Add 5 ft.

 

 

Notes:

(1)  The height of the taller of two adjoining structures shall dictate the minimum distance requirements of Table 3-2.

(2)  Landscaping shall be incorporated into multi-family residential projects to effectively screen views and provide privacy for adjoining units.

 

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 2, Ord. 901, eff. July 22, 2019)