A. Multiple-Family Residential Uses Setback Encroachments: The following may encroach upon any required setback if, pursuant to article 28.5 of this chapter, the reviewing authority issues an R-4 permit. Such permit shall only be issued upon a finding that the encroachment is compatible with the building design, the nearby streetscape and the surrounding development.
1. Marquees, canopies and awnings not exceeding twenty five feet (25') in length along the direction of the street and which have been reviewed by the architectural commission pursuant to this chapter; and
2. Trellises and other similar landscape features not exceeding forty feet (40') in length along the direction of the street per trellis, provided all such structures are completely on private property.
B. Combined Uses Setback Encroachments: Where public parking, convenience retail, and housing for elderly and handicapped persons under article 12.5 of this chapter are authorized as combined uses under a conditional use permit, the article 12.5 housing portion of the building may encroach upon any required setback as follows:
1. Bay windows, a maximum distance of three feet (3');
2. Balconies, including vertical and horizontal wing walls, a maximum distance of seven feet (7');
3. Pergolas, a maximum distance of fourteen feet (14') into any rear yard setback at the second story and above provided such pergolas do not extend beyond the vertical wall of the story immediately below; and
4. Planters may encroach in any setback area which does not abut a street or alley provided such planters do not exceed a height of ten feet (10').
C. Multiple-Family Residential Uses Right Of Way Encroachments: The following may encroach upon the public right of way if, pursuant to article 28.5 of this chapter, the reviewing authority issues an R-4 permit. Such permit shall only be issued upon a finding that the encroachment is compatible with the building design, the nearby streetscape and the surrounding development.
1. Marquees, canopies and awnings not exceeding twenty five feet (25') in length along the direction of the street that do not project more than two-thirds (2/3) of the distance from the property line to the curb and that are not less than eight feet (8') above the ground or pavement below, provided that the marquee, canopy or awning receives architectural commission review pursuant to this chapter.
D. Definitions: For the purposes of this section, the following definitions shall apply:
AWNING: A shelter or roof like structure supported entirely from the exterior wall of a building.
CANOPY: An ornamental roof like structure constructed of canvas or similar material projecting over an entrance to a building.
MARQUEE: A permanent roof like structure constructed of metal or glass projecting over an entrance to a building or structure.
TRELLIS: An open framed, decorative landscape structure constructed of latticework. (Ord. 83-O-1882, eff. 3-31-1983; amd. Ord. 04-O-2453, eff. 10-10-2004)