(A) Setback Line
That line that is the required minimum distance from any lot line, or pedestrian easement in the Conservation Residential Overlay District, and that establishes the area within which the principal structure must be erected or placed.
(B) Setback, Roadway
A setback that extends across the full width of a site, the depth of which is the distance between the front or side property line and the furthermost allowable projection of a building or structure along a line at right angles to the roadway or side lot line, excluding those projections set forth in Section 6.3.2(D). On lots fronting thoroughfares and collector streets, the setback must be measured from the ultimate right-of-way as shown on the Comprehensive Transportation Plan. Roadway setback requirements shall apply to the drip line of any detached canopies on the lot, as well as to the building itself.
(C) Setback, Rear
A setback that extends across the full width of a site, the depth of which is the distance between the rear property line and the furthermost allowable projection of a building or structure along a line at right angles to the rear lot line, excluding those projections set forth in Section 6.3.2(D).
(D) Setback, Side
A setback on that portion of a lot that is not adjacent to a private or public street. It extends from the required roadway setback, or the front property line of the site where no roadway setback is required, to the front line of the required rear setback, or the rear property line where no rear setback is required.
(E) Setback, Front
A setback on that portion of the lot that extends along the full length of the front lot line between two (2) side setbacks or a side and a roadway setback.
(F) Setback Measurement, Cul-de-Sac
A setback on that portion of a lot that extends parallel to the arc of the street right-of-way. Rear setback for cul-de-sac lots include that portion of a lot that extends parallel to the arc of the rear lot line.
Cul-de-sac Setback Measurement
(G) General Guidelines for Determining Residential Setbacks
The purpose of this section is to clarify the appropriate setbacks to apply to new residential construction or redevelopment where there is uncertainty or conflict between the following documents: development plans, recorded plats, zoning districts, and PD documents.
(1) Setbacks Shown on Development Plan Only
(a) If setbacks are shown on the development plan only, then the setbacks shown on the development plan will apply provided that said setbacks are greater or equal to those required in the corresponding zoning district. [For example, if the development plan shows a fifty (50) foot rear yard setback, then the required setback will be fifty (50) feet even though the corresponding zoning district may be only twenty-five (25) feet.] In such case, however, the setbacks may be reduced to that required within the zoning district if the homeowners' association concurs (HOA written approval will be deemed final). Where there is no homeowners' association, the setbacks in the zoning district will control.
(b) If setbacks are shown on the development plan only, and those setbacks are less than that required in the corresponding zoning district, then the setbacks in the zoning district will control.
(2) Setbacks Shown on Recorded Plat
If setbacks are shown on the recorded plat, those setbacks shall control. This shall apply even if the setbacks on the recorded plat are in conflict with those shown on the plan and/or the requirements for corresponding zoning district set forth in Section 6.1 of this Ordinance. This applies even if changes are made to this Ordinance subsequent to plat recordation that would require greater setbacks than those shown on the plat.
(3) No Setbacks Shown Anywhere
If there are no setbacks on any documents, such as the development plan or recorded plat, the setbacks shown for the corresponding zoning district in Section 6.1 of this Ordinance shall apply.
(H) Guidelines for Determining Residential Setbacks Within Planned Developments
(1) Setbacks Shown on the Development Plan Only
If setbacks are shown on the development plan only, then such setbacks shall control.
(2) Setbacks Shown on the Recorded Plat or the Master Plan for the Planned Development
If setbacks are shown on the master plan for the planned development, then such setbacks shall control. However, if a plat was approved and recorded with larger setbacks than what the master plan would allow, an applicant must utilize the setbacks in the approved plat.
(3) No Setbacks Shown Anywhere
If no setbacks are shown on any documents, then the setbacks for a structure or portion of a structure receiving building permit approval after January 14, 2010, shall be those applicable to the general zoning district to which the approved use and density of a particular property most closely conform. A structure or portion of a structure that received building permit approval prior to January 14, 2010, shall be deemed conforming with regard to building setbacks if documentation is provided demonstrating that the initial construction was approved by the homeowner's association.