(a) General. Except where otherwise regulated by this code and as established below, all buildings, site features and equipment shall maintain the setback requirements established for the zoning district in which they are located.
(b) Permitted encroachments; required setbacks. Except as prohibited by Chapter 17, Article II, Division E of this code, the site features and equipment listed below shall be permitted to locate in yards and to encroach into required zoning district setbacks to the extent specified in this section, but in all cases shall maintain the minimum setback indicated.
(1) Yards. The established yards of the Zoning Code and any primary zoning district. For the purposes of this section, the terms “front yard,” “side yard” and “rear yard” shall have the same meanings as defined in § 19.03, except that any yard adjacent to a public street shall in all cases be considered a “front” yard for setback purposes unless otherwise specified.
(2) Setbacks from public streets. All setbacks from public streets or proposed public streets shall be measured from the planned widened rights-of-way in accordance with the Master Street Plan of the city. References to a “front property line” is assumed to denote the planned widened rights-of-way in accordance with the Master Street Plan of the city.
(3) Required setback. Except where otherwise noted, references to “required setback” means the minimum setback required for the principal building in the applicable zoning district.
(c) In all zoning districts.
(1) Utility poles and wires, water, gas and other public utility appurtenances are permitted at any location in a front, side or rear yard with no minimum setback from any property line.
(2) Retaining walls up to four feet in height are permitted at any location in a front yard provided that a front setback of not less than ten feet shall be maintained and at any location in a side or rear yard with no minimum setback from any property line. There shall be no encroachment into public easements of record without the written approval of the issuing authority.
(3) Steps, stoops, egress windows and exterior landings are permitted in a front, side or rear yard providing that front, side and rear setbacks of not less than five feet shall be maintained. There shall be no encroachment into public easements of record without the written approval of the issuing authority.
(4) Private sidewalks are permitted in a front yard without a minimum front setback provided that a side setback of not less than five feet shall be maintained, and a side or rear yard providing that side or rear setbacks of not less than five feet shall be maintained. Private sidewalks shall not encroach into public easements of record without the written approval of the issuing authority.
(5) Overhanging eaves may encroach up to three feet into a required front, side or rear setback. Where a required setback to a property line is reduced to less than three feet by reason of a variance or other approval granted by the city, the allowed eave encroachment shall in no event cross the property line. An overhanging eave may encroach up to six feet into a required front or rear setback when placed over steps, stoops or an exterior landing providing that the encroachment shall not exceed eight feet in width along the wall plane. There shall be no encroachment into public easements of record without the written approval of the issuing authority.
(6) Underground garages, in accordance with § 21.301.06(h), may encroach into any required front, side or rear setback, provided that a front setback of not less than 15 feet and side and rear setbacks of not less than five feet shall be maintained. There shall be no encroachment into public easements of record without the written approval of the issuing authority.
(7) Antennas and supporting structures, including satellite receiving
antennas
greater than one meter in diameter in residential districts and greater than two meters in diameter in nonresidential districts, shall not be located within a front yard and shall be located only to the side or rear of the principal structure where side and rear setbacks of no less than ten feet shall be maintained. All
antennas
and supporting structures, including satellite receiving
antennas
, shall meet the applicable requirements of §§ 15.14, 19.63.05 and 21.301.10 of the city code. There shall be no encroachment into public easements of record without the written approval of the issuing authority.
(8) Ramps and other devices for access to buildings and sites by disabled persons in compliance with the American Disabilities Act may encroach into any required front, side or rear setback, provided that a front setback of not less than 20 feet and side and rear setbacks of not less than two feet shall be maintained. There shall be no encroachment into public easements of record without the written approval of the issuing authority.
(9) Fences are permitted to encroach into front, side and rear yard setbacks when specifically permitted by the city code.
(10) Open air dog runs may encroach into any required front, side or rear setback, provided that a front setback of not less than 15 feet and side and rear setbacks of not less than five feet shall be maintained. Structures as part of the dog run must meet the required setback. Fencing must comply with city code requirements. There shall be no encroachment into public easements of record without the written approval of the issuing authority.
(d) In residential zoning districts (R-1A, R-1, RS-1, R-4, RM-12, RM-24 and RM-50).
(1) Patios and terraces may encroach ten feet into a required front setback, five feet into a required side setback and 20 feet into a required rear setback, provided that a front setback of not less than 20 feet, a side setback of not less than five feet and a rear setback of not less than ten feet shall be maintained. There shall be no encroachment into public easements of record without the written approval of the issuing authority.
(2) Open decks and balconies not greater than five feet above grade at any point may encroach ten feet into a required front setback, five feet into a required side setback and 20 feet into a required rear setback, provided that a front setback of not less than 20 feet, a side setback of not less than five feet and a rear setback of not less than ten feet shall be maintained. There shall be no encroachment into public easements of record without the written approval of the issuing authority.
(3) Open decks and balconies greater than five feet in height above grade at any point may encroach five feet into a required front setback and ten feet into a required rear setback, provided that a front setback of not less than 25 feet, a rear setback of not less than 20 feet and a side setback of not less than ten feet shall be maintained. Such features are permitted in a side yard provided that a side setback of no less than ten feet shall be maintained. There shall be no encroachment into public easements of record without the written approval of the issuing authority.
(4) Chimneys may encroach three feet into a required front, side or rear setback, provided that front and rear setbacks of not less than 27 feet and a side setback of not less than seven feet shall be maintained. Chimneys shall not encroach into public easements of record without the written approval of the issuing authority.
(5) Awnings may encroach three feet into a required front, side or rear setback, provided that front and rear setbacks of not less than 27 feet and a side setback of not less than seven feet shall be maintained. An awning may encroach up to six feet into a required front or rear setback and up to five feet into a required side setback when placed over steps, stoops or an exterior landing, provided that the encroachment shall not exceed eight feet in width along the wall plane and that front and rear setbacks of not less than 24 feet and a side setback of not less than five feet shall be maintained. Awnings shall not encroach into public easements of record without the written approval of the issuing authority.
(6) Clothes lines and laundry drying equipment are not permitted within the front yard and shall be located only in side and rear yards where side and rear setbacks of not less than five feet shall be maintained. In instances where the side or rear yard abuts a public street, the required setback shall be no less than the required setback for a principal building in the zoning district. These features shall not encroach into public easements of record without the written approval of the issuing authority.
(7) Arbors and trellises may encroach ten feet into a required front setback, five feet into a required side setback and 20 feet into a required rear setback, provided that a front setback of not less than 20 feet, a side setback of not less than five feet and a rear setback of not less than ten feet shall be maintained. A setback of not less than 20 feet shall be maintained from any public street. These features shall not encroach into public easements of record without the written approval of the issuing authority.
(8) Permanently installed outdoor fireplaces and barbecues are not permitted within the front yard and shall be located only in side and rear yards. Such features shall not encroach into the required side setbacks and may encroach up to 15 feet into the required rear setback provided that a rear setback of not less than 15 feet shall be maintained. In instances where the side or rear yard abuts a public street, a setback of not less than the required front setback shall be maintained. Such features shall not encroach into public easements of record without the written approval of the issuing authority.
(9) Basketball backboards, rims and support structures may encroach 15 feet into required front and rear setbacks and five feet into a required side setback in the front yard, provided that front and rear setbacks of not less than 15 feet and a side setback in the front yard of not less than five feet shall be maintained. In side and rear yards, side setbacks of not less than 15 feet shall be maintained. Such features may encroach on public easements of record with the written approval of the issuing authority.
(10) Other recreational equipment, such as, but not limited to, play apparatus over four feet in height, ice rinks, skateboard ramps over two feet in height, trampolines, and children’s swimming pools over two feet in height are not permitted within the front yard. Such features are permitted in side and rear yards provided that side and rear setbacks of not less than 15 feet shall be maintained, including those instances where the side or rear yard abuts a public street. Such features may encroach on public easements of record with the written approval of the issuing authority.
(11) Air conditioning equipment may encroach five feet into any required front, side and rear setback, provided that front and rear setbacks of not less than 25 feet and side setbacks of not less than five feet shall be maintained. Air conditioning equipment shall not encroach into public easements of record without written approval of the issuing authority.
(12) Bay and bow windows may encroach two feet into any required front, side and rear setback, provided that front and rear setbacks of not less than 28 feet and a side setback of not less than eight feet shall be maintained. Such features shall not encroach into public easements of record without written approval of the issuing authority.
(13) Entry vestibules ten feet or less in width may encroach six feet into any required front and rear setback, provided that front and rear setbacks of not less than 24 feet shall be maintained. The overhanging eaves of the entry vestibule may encroach up to an additional three feet into the required front, side or rear setback provided that the entry vestibule eaves do not exceed the prevailing dimension of overhanging eaves on the elevation of the house to which the entry vestibule is attached. No encroachment shall be allowed into a required side setback, except for an overhanging eave as described above. Such features shall not encroach into public easements of record.
(14) Covered but open porches without windows or screens may encroach eight feet into any required front setback and ten feet into any required rear setback, provided that a front setback of not less than 22 feet and a rear setback of 20 feet is maintained. No encroachment shall be allowed into a required side setback. Such features shall not encroach into public easements of record.
(e) In nonresidential zoning districts.
(1) Telephone booths are permitted in any front, side or rear yard, provided that a front setback of not less than 15 feet, a side setback of not less than five feet and a rear setback of not less than that required for the principal building in the zoning district shall be maintained. Telephone booths shall not encroach into public easements of record without written approval of the issuing authority.
(2) Newspaper boxes are permitted in the front, side and rear yards when the property is occupied by a principal building, provided that a front setback of not less than 15 feet and side, and rear setbacks of not less than five feet shall be maintained. In instances where the side or rear yard abuts a public street, a setback of not less than the required front setback shall be maintained. Such features shall not encroach into public easements of record without the written approval of the issuing authority.
(3) Awnings and canopies may encroach six feet into required front and rear setbacks and four feet into required side setbacks provided that a front setback of not less than ten feet, and side and rear setbacks of not less than five feet shall be maintained. Such features shall not encroach into public easements of record without the written approval of the issuing authority.
(4) Underground storage tanks for any purpose (but not above-ground appurtenant equipment) are permitted in any front, side or rear yard, provided that front, side and rear setbacks of not less than ten feet shall be maintained. Such features shall not encroach into public easements of record.
(5) Above-ground equipment appurtenant to underground storage tanks (except fuel dispensing equipment and stations as per § 21.302.15 of this code) is not permitted within a front yard and must be located only in side and rear yards. The side setback for such equipment not over five feet in height above grade must be not less than ten feet and the equipment must be screened from public streets and adjacent properties in accordance with the requirements of § 21.302.15(d). The side setback for such equipment over five feet in height above grade must be not less than the required side setback of the principal building in the zoning district or ten feet, whichever is greater. The rear setback for all such equipment must be not less than ten feet. Such equipment must not encroach into public easements of record.
(6) Refuse and recyclable material storage rooms may encroach eight feet into a required side setback and 12 feet into a required rear setback, provided that a side setback of not less than five feet and a rear setback of not less than 15 feet shall be maintained. Such features are not permitted within the yard area between a building and the public right-of-way. Such features shall not encroach into public easements of record without written approval from the issuing authority.
(1958 Code, § 5.06) (Ord. 185, passed 4-10-1959; Ord. 54, passed 12-18-1961; Ord. 65-44, passed 7-12-1965; Ord. 71-69, passed 8-16-1971; Ord. 72-38, passed 7-17-1972, renumbered to § 5.05; Ord. 78-73, passed 12-18-1978; deleted and added by Ord. 97-13, passed 4-21-1997; Ord. 2001-6, passed 2-5-2001; Ord. 2006-54, passed 12-18-2006; Ord. 2007-7, passed 2-26-2007; Ord. 2008-43, passed 12-1-2008; Ord. 2009-1, passed 1-26-2009; Ord. 2010-1, passed 1-4-2010; Ord. 2010-29, passed 11-1-2010; Ord. 2012-2, passed 1-23-2012; Ord. 2013-2, passed 2-25-2013; Ord. 2019-47, passed 12-2-2019; Ord. 2021-7, passed 4-26-2021; Ord. 2022-26, passed 5-9-2022)