(a) Purpose. The tables in this section depict minimum and maximum structure setback requirements by zoning district.
(b) Table key. The following labeling conventions apply to each table in this section.
(1) Setbacks from public streets. All setbacks from public streets or proposed public streets must be measured from the planned widened rights-of-way in accordance with the Master Street Plan of the city, unless exempted by the City Engineer and Planning Manager through the execution of an encroachment agreement that must be recorded against the property.
(2) Rear and side. For corner sites that abut two public streets and for which it is not apparent due to lot configuration or past approval which property line is the rear and which property line is the side, the applicant may select which property line to consider rear and which to consider side.
(3) Abutting residential. For the purpose of determining the required setback abutting residential, a site is considered to be “residential” if it is guided residential by the Comprehensive Plan.
(4) Building facade with street frontage. Where applicable, at least 75% of any building facade with street frontage must meet the listed maximum setback requirement. The City Council may waive maximum setback requirements through the planned development process for buildings with more than two street frontages.
(c) Reserved.
(d) Residential District setbacks.
(1) Residential structure setbacks in residential districts.
Zoning District | Along Streets** | Rear | Side Not Along Streets |
Minimum | Minimum | Minimum |
Zoning District | Along Streets** | Rear | Side Not Along Streets |
Minimum | Minimum | Minimum | |
R-1 | 30 feet. Setbacks also subject to the exception in subsection (4) below. | 30 feet 5 feet for garages and accessory buildings not connected to water or sanitary sewer service | 10 feet 5 feet for garages and accessory buildings not connected to water or sanitary sewer service |
RS-1 | 30 feet or as required in subsection (3) below, whichever is greater. Setbacks also subject to the exception in subsection (4) below. | 30 feet 5 feet for garages and accessory buildings not connected to water or sanitary sewer service | 10 feet 5 feet for garages and accessory buildings not connected to water or sanitary sewer service |
R-1A | 75 feet or as required in subsection (3) below, whichever is greater*. Setbacks also subject to the exception in subsection (4) below. | 75 feet 5 feet for garages and accessory buildings not connected to water or sanitary sewer service | 30 feet 5 feet for garages and accessory buildings not connected to water or sanitary sewer service |
R-3 | 30 feet* | 30 feet 10 feet for garages and accessory buildings not connected to water or sanitary sewer | 10 feet |
R-4, RM-12, RM-24, RM-50 | 40 feet* | 30 feet 10 feet for garages and accessory buildings not connected to water or sanitary sewer | 10 feet plus 0.25 feet for each foot in height over 30 feet |
RM-100 | 10 feet or width of required public easement* | 20 feet 10 feet for garages and accessory buildings not connected to water or sanitary sewer | 10 feet plus 0.25 feet for each foot in height over 30 feet |
Note: * No portion of an accessory building may be closer to the property line adjacent to a public street than the principal structure. ** On flag lots, the minimum setback along a street is measured from where the minimum lot width begins. | |||
(2) Nonresidential structure setbacks in residential and conservation districts.
Zoning District | Along Streets | Rear | Side Not Along Streets |
Minimum | Minimum | Minimum | |
R-1, RS-1, R-1A, R-3, R-4, RM-12, RM-24, RM-50, RM-100 | 50 feet (75 feet in R-1A) | 30 feet | 20 feet or the height of the structure, whichever is greater |
SC | 50 feet | 30 feet | 20 feet or the height of the structure, whichever is greater |
(3) Prevailing setback.
(A) Intent. Prevailing setback standards are intended to promote the compatibility of infill redevelopment with existing development in older neighborhoods.
(B) Applicability. New single-family and two-family dwellings or additions in the R-1A and RS-1 Zoning Districts must meet increased setback standards along a street if the new dwelling directly abuts to one or more single-family dwellings that were in existence on October 7, 1974.
(C) Measurement. The prevailing setback is the average minimum setback of each single-family dwelling on directly abutting sites along the same street segment and within the same block face.
(D) Standard. When applicable and not otherwise set through a condition of approval, the required setback from a front or side property line adjacent to a street is five feet less than the prevailing setback, except that the structure may not have a setback from the front or side property line adjacent to a street that is less than the zoning district minimum and in no case may the additional required setback be more than 65 feet from the property line.
(4) Exception for setbacks from side property lines abutting streets. Where single-family dwellings were legally constructed with a setback of 20 feet or more from a side property line abutting a street, the dwelling may be expanded without a setback variance provided the existing setback is maintained or increased. Where garages were legally constructed with a setback of 20 feet or more from a side property line abutting a street, the garage may be expanded without a setback variance provided the existing setback is maintained or increased and provided additional or expanded garage doors are not proposed to face the side property line abutting a street.
(e) Commercial and Industrial Zoning District setbacks.
Zoning District | Along Public Street | Rear | Side | Abutting Property Used and Zoned Residential | |
Minimum | Maximum | Minimum | Minimum | Minimum | |
Zoning District | Along Public Street | Rear | Side | Abutting Property Used and Zoned Residential | |
Minimum | Maximum | Minimum | Minimum | Minimum | |
B-1 | 35 ft. | NA | 15 ft. | 10 ft. | 50 ft. |
B-2 | 35 ft. | NA | 15 ft. | 10 ft. | 50 ft. |
B-4 | 10 ft. (or width of required public easement) | 40 ft. | 15 ft.; 30 ft. for buildings over 4 stories in height | 10 ft.; 20 ft. for buildings over 4 stories in height | 50 ft. |
C-1 | 35 ft. | NA | 30 ft.; 40 ft. for buildings over 4 stories in height | 20 ft.; 30 ft. for buildings over 4 stories in height | 50 ft. |
C-2 | 35 ft. | NA | 30 ft.; 40 ft. for buildings over 4 stories in height | 20 ft.; 30 ft. for buildings over 4 stories in height | 50 ft. |
C-3 | 35 ft. See Note (1) | NA | 20 ft.; 30 ft. for buildings over 4 stories in height | 20 ft.; 30 ft. for buildings over 4 stories in height | NA |
C-4 | 35 ft. See Note (1) | NA | 20 ft.; 30 ft. for buildings over 4 stories in height | 20 ft.; 30 ft. for buildings over 4 stories in height | 50 ft. |
C-5 | 10 ft. (or width of required public easement) | 20 ft. | 20 ft. | 20 ft.; 30 ft. for buildings over 4 stories in height | NA |
CX-2 | 20 ft. | NA | 20 ft. | 20 ft. | NA |
LX | 10 ft. (or width of required public easement) | 20 ft. | 10 ft. | 10 ft. | NA |
IT | 20 ft. | NA | 25 ft. | 25 ft. | 50 ft. |
I-1 | 30 ft. | NA | 25 ft. | 25 ft. | 100 ft. |
I-2 | 30 ft. | NA | 25 ft. | 25 ft. | 100 ft. |
I-3 | 30 ft. | NA | 25 ft. | 10 ft. | 100 ft. |
IP | 30 ft. | NA | 25 ft. | 25 ft. | 100 ft. |
TI | 10 ft. | 40 ft. | 15 ft.; 30 ft. for buildings over 4 stories in height | 10 ft.; 20 ft. for buildings over 4 stories in height | 50 ft. |
FD-2 | 30 ft. | NA | 25 ft. | 25 ft. | NA |
(1) In the Penn American District minimum setbacks in C-3 and C-4 zoning districts follow the C-5 District setbacks. | |||||
(2) Skyways, tunnels and similar pedestrian connection structures up to 120 feet in width have no setback requirements from property lines. | |||||
(3) Developments along Harriet Avenue and Halsey Lane are exempted from the maximum setback for buildings or additions. | |||||
(f) Mixed Use District standards. To promote the intended character and pedestrian orientation, commercial structures in the mixed use districts (B-4, C-5, LX) must generally be located near the street with parking to the side or rear subject to the following requirements:
(1) Structure placement. See § 21.301.02(e) for applicable standards.
(2) Parking placement. Off-street parking must not be located between a building and a public street unless:
(A) The parking is located entirely below grade;
(B) The site meets the standards for large development sites in accordance with § 21.301.02(f)(5); or
(C) The site has received an exemption for sites with multiple street frontages in accordance with § 21.301.02(f)(6).
Off-street parking may be located on the rooftops of buildings. Examples of permitted parking configurations are illustrated in § 21.301.02(f)(8).
(3) Street enclosure. It is the intent of the mixed use districts (B-4, C-5, LX) to foster a more urban character by establishing clearly defined street edges enclosed by buildings and other vertical elements. The highest degree of enclosure should be provided on the street determined by the Issuing Authority to be the most pedestrian-oriented; this is considered the primary street. All other streets are considered to be secondary streets. A combination of building frontage and other vertical elements may be used to enclose and define the street edge as follows:
(A) Primary street. At least 50% of the linear primary street frontage must be enclosed by buildings. An additional 20% must be enclosed by buildings and/or other vertical elements located along the minimum building setback line. Vertical elements may consist of: trees, shrubs, walls, fences and sculptural elements. Vertical elements over four feet in height must be consistent with the Crime Prevention Through Environmental Design (CPTED) objectives in the Planning Manager's Landscaping and Screening Policies and Procedures document as may be amended from time to time.
(B) Secondary street. At least 30% of the linear secondary street frontage must contain buildings. An additional 20% must be enclosed by buildings and/or vertical elements, located along the minimum building setback line. Vertical elements over four feet in height must be consistent with the Crime Prevention Through Environmental Design (CPTED) objectives in the Planning Manager's Landscaping and Screening Policies and Procedures document.
(4) Corner sites. It is the intent of the mixed use districts (B-4, C-5, LX) to promote an attractive streetscape by having buildings or gathering spaces anchor corners, particularly on highly visible and/or pedestrian-oriented streets. Off-street parking must not be located within 100 feet of an intersection of two streets unless there is a building or gathering space between the parking and the public street (see § 21.301.02(d)(8) for a graphic illustration). For the purposes of this subsection, intersection is defined as the point at which planned widened right-of-way lines for each street would intersect if extended.
(5) Large sites. Large development sites may be able to accommodate buildings internal to the site as well as adjacent to public streets. Buildings located on the interior of sites over five acres in size may be placed beyond the maximum setbacks for the C-5 District provided at least 50% of the linear public street frontage of the site contains buildings that comply with setback requirements and have no parking located between the buildings and the public street except for parking located entirely below grade.
(6) Exemptions for sites with multiple street frontages. While it is the intent of the mixed use districts to have buildings close to the street with parking to the side or rear or entirely below grade, that arrangement may not be possible for each street frontage on sites which front on two or more public streets in either a corner or through-lot configuration. When a site fronts on multiple public streets in a corner or through-lot configuration, the City Council may exempt through the planned development process all but one of the street frontages from complying with the mixed use districts (B-4, C-5, LX) building or parking placement requirements provided the City Council determines that:
(A) The site cannot reasonably comply with the mixed use districts structure and parking placement requirements for all street frontages;
(B) The proposed structure and parking configuration will meet the purpose and intent of the mixed use districts;
(C) The proposed structure and parking configuration will complement the character of existing or planned development in the area;
(D) The proposed structure and parking configuration will facilitate pedestrian and bicycle access;
(E) The proposed structure and parking configuration will place vehicle access points in optimal locations; and
(F) The proposed structure and parking configuration will be compatible with natural features, surrounding development, redevelopment plans, and traffic volumes.
(7) Drive-throughs. In addition to requirements of § 21.301.05, drive-through windows and stacking lanes in the mixed use districts (B-4, C-5, LX) must:
(A) Not be located between a building and a street;
(B) Not exceed one lane per business;
(C) Be located in a manner that discourages pedestrian crossing of stacking lanes; and
(D) Be screened from public and private streets, sidewalks, adjacent outdoor dining spaces, parks and public open spaces.
(8) Graphic illustrations.
(A) Examples of permitted parking locations in the Mixed Use Districts.
(B) Mixed use District parking prohibition for corner lots.
(g) Encroachments. Selected site features and equipment are allowed to encroach into the required setback area to the extent specified below.
(1) General. Except where otherwise regulated by this code and as established below, all buildings, site features and equipment must maintain the setback requirements established for the zoning district in which they are located.
(2) Permitted encroachments; required setbacks. Except as prohibited by Chapter 17, Article II, Division E of this code, the site features and equipment listed below will 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 must maintain the minimum setback indicated.
(A) 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" will have the same meanings as defined in § 21.601, except that any yard adjacent to a public street will in all cases be considered a "front" yard for setback purposes unless otherwise specified.
(B) Setbacks from public streets. All setbacks from public streets or proposed public streets will 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.
(C) Required setback. Except where otherwise noted, references to "required setback" means the minimum setback required for the principal building in the applicable zoning district.
(3) In all zoning districts.
(A) 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.
(B) 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 is maintained and at any location in a side or rear yard with no minimum setback from any property line. There will be no encroachment into public easements of record without the written approval of the issuing authority.
(C) 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 are maintained. There will be no encroachment into public easements of record without the written approval of the issuing authority.
(D) Private sidewalks are permitted in a front yard without a minimum front setback provided that a side setback of not less than five feet is maintained, and a side or rear yard providing that side or rear setbacks of not less than five feet is maintained. Private sidewalks cannot encroach into public easements of record without the written approval of the issuing authority.
(E) 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 can 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 does not exceed eight feet in width along the wall plane. There will be no encroachment into public easements of record without the written approval of the issuing authority.
(F) 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 is maintained. There will be no encroachment into public easements of record without the written approval of the issuing authority.
(G) 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, cannot be located within a front yard and will be located only to the side or rear of the principal structure where side and rear setbacks of no less than ten feet are maintained. All antennas and supporting structures, including satellite receiving antennas, must meet the applicable requirements of §§ 15.14,
21.302.37
and 21.301.10. There will be no encroachment into public easements of record without the written approval of the issuing authority.
(H) 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 are maintained. There will be no encroachment into public easements of record without the written approval of the issuing authority.
(I) Fences are permitted to encroach into front, side and rear yard setbacks when specifically permitted by the city code.
(J) 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 must be maintained. Structures as part of the dog run must meet the required setback. Fencing must comply with city code requirements. There will be no encroachment into public easements of record without the written approval of the issuing authority.
(K) Sunshades up to 15 feet in height may encroach into any 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 five feet must be maintained. Such features must not encroach into public easements of record without written approval of the issuing authority.
(4) In residential zoning districts (R-1A, R-1, RS-1, R-4, RM-12, RM-24, RM-50, and RM-100).
(A) 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 must be maintained. There will be no encroachment into public easements of record without the written approval of the issuing authority.
(B) 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 must be maintained. There will be no encroachment into public easements of record without the written approval of the issuing authority.
(C) 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 must be maintained. Such features are permitted in a side yard provided that a side setback of no less than ten feet must be maintained. There will be no encroachment into public easements of record without the written approval of the issuing authority.
(D) 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 must be maintained. Chimneys cannot encroach into public easements of record without the written approval of the issuing authority.
(E) 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 must 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 will 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 must be maintained. Awnings will not encroach into public easements of record without the written approval of the issuing authority.
(F) Clothes lines and laundry drying equipment are not permitted within the front yard and will be located only in side and rear yards where side and rear setbacks of not less than five feet must be maintained. In instances where the side or rear yard abuts a public street, the required setback will be no less than the required setback for a principal building in the zoning district. These features must not encroach into public easements of record without the written approval of the issuing authority.
(G) 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 must be maintained. A setback of not less than 20 feet must be maintained from any public street. These features will not encroach into public easements of record without the written approval of the issuing authority.
(H) Permanently installed outdoor fireplaces and barbecues are not permitted within the front yard and will 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 must be maintained. In instances where the side or rear yard abuts a public street, a setback of not less than the required front setback must be maintained. Such features will not encroach into public easements of record without the written approval of the issuing authority.
(I) 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 must be maintained. In side and rear yards, side setbacks of not less than 15 feet must be maintained. Such features may encroach on public easements of record with the written approval of the issuing authority.
(J) 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 must 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.
(K) 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 must be maintained. Air conditioning equipment will not encroach into public easements of record without written approval of the issuing authority.
(L) 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 must be maintained. Such features will not encroach into public easements of record without written approval of the issuing authority.
(M) 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 must 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 will be allowed into a required side setback, except for an overhanging eave as described above. Such features must not encroach into public easements of record.
(N) 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 will be allowed into a required side setback. Such features must not encroach into public easements of record.
(5) In nonresidential zoning districts.
(A) 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 must be maintained. Telephone booths cannot encroach into public easements of record without written approval of the issuing authority.
(B) 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 must be maintained. In instances where the side or rear yard abuts a public street, a setback of not less than the required front setback must be maintained. Such features will not encroach into public easements of record without the written approval of the issuing authority.
(C) 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 must be maintained. Such features will not encroach into public easements of record without the written approval of the issuing authority.
(D) 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 must be maintained. Such features will not encroach into public easements of record.
(E) Above-ground equipment appurtenant to underground storage tanks (except fuel dispensing equipment and stations as per § 21.302.15 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.
(F) 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 must be maintained. Such features are not permitted within the yard area between a building and the public right-of-way. Such features will not encroach into public easements of record without written approval from the issuing authority.
(h) Proposed buildings on street sites. A building permit will not be issued for any building in unplatted areas that would obstruct a future street planned by the city.
(i) Buildings to abut street. No building permit will be granted on any site which does not abut upon a public right-of-way unless a variance or planned development flexibility is approved. This limitation does not apply to planned developments approved by the City Council pursuant to the zoning ordinance.
(j) Measurement. The structure setback is measured from the foundation of a structure to the nearest property line.
(Ord. 2006-35, passed 9-11-2006; Ord. 2006-54, passed 12-18-2006; Ord. 2010-16, passed 6-7-2010; Ord. 2013-26, passed 11-4-2013; Ord. 2015-3, passed 1-26-2015; Ord. 2015-5, passed 1-26-2015; Ord. 2017-9, passed 5-1-2017; Ord. 2019-2, passed 1-7-2019; Ord. 2023-3, passed 2-6-2023; Ord. 2023-16, passed 5-22-2023; Ord. 2023-43, passed 12-18-2023; Ord. 2024-28, passed 11-18-2024; Ord. 2024-46, passed 12-2-2024; Ord. 2024-49, passed 12-2-2024; Ord. 2024-52, passed 12-2-2024)