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All setback requirements, as defined in section 9-2-1 of this title, shall be measured from the outside wall of the structure to the property line or paved area of any adjoining street, when applicable. Eaves shall be allowed to project into the setback area up to twenty four inches (24"). (Ord. 186, 1-7-2003)
A. Residential District:
1. Front Yard Setback: No building or structure shall be closer than twenty feet (20') from the property line when the property line for the front yard does not include any right of way for a street. When the front yard property line includes a roadway easement (explicit or prescriptive) or road right of way, the setback shall be measured by taking the average setback of the front of the structure from the paved area of the road of the two (2) adjoining structures on each side of the proposed structure and applying this average setback to the proposed structure. If the road is unpaved, the average setback of the adjoining structures shall be measured from the centerline of the unpaved road. However, in no event shall the front of a garage be located less than twenty feet (20') from the edge of the pavement.
2. Side Yard Setback: No structure shall be located so that any part shall be closer than ten feet (10') from adjoining lot lines of separate parcels or alley, except as provided in this section.
3. Back Yard Setback: No structure shall be located so that any part shall be closer than ten feet (10') from the "rear lot line" as that term is defined in section 8-3-1 of this Code. However, approval of a proposed structure that will violate this subsection may be obtained from the City Council so long as the property owner first obtains the written consent of Northern Lakes Fire District and the proposed structure otherwise fully complies with this Code and Idaho law. The property owner shall submit an administrative permit to the City Clerk with the written consent of Northern Lakes Fire District attached thereto before the Council considers the matter. The Council shall consider such structures as administrative items on its agenda. No public hearing shall be required. (Ord. 223, 5-19-2008)
B. Overlay District:
1. No building or structure shall be closer than thirty feet (30') to any public street. For purposes of this section, public street shall refer to the nearest paved portion of the street.
2. No structure shall be located so that any part shall be closer than ten feet (10') from adjoining lot lines of separate parcels or alley. (Ord. 150, 7-7-1998)