(A) Generally. Under this chapter, a setback refers to the unobstructed, unoccupied open space between a structure and the property line of the lot on which the structure is located. Setbacks shall be unobstructed from the ground to the sky and measured as the horizontal distance between a property line and the furthermost projection of the structure, except as provided otherwise in this chapter.
(B) Features allowed. The following features may be located within required setbacks:
(1) Trees, shrubbery or other features of natural growth, subject to sight visibility triangle restrictions as defined;
(2) Fences or walls;
(3) Driveways, off-street parking areas and sidewalks;
(4) Signs;
(5) Bay windows, architectural design embellishments and cantilevered floor areas of dwellings that do not project more than two feet into the required setback;
(6) Eaves on residential structures that do not project more than two and one-half feet into the required setback;
(7) Open outside stairways, entrance hoods, terraces, canopies, carports and balconies that do not project more than five feet into a required front or rear setback or more than two feet into a required side setback;
(8) Chimneys, flues and ventilating ducts that do not project more than two feet into a required setback and when placed so as not to obstruct light and ventilation;
(9) Open, unenclosed porches that do not project more than five feet into a required front or rear setback or more than two feet into a required side setback;
(10) Utility lines, wires and associated structures, such as power poles; and
(11) Mechanical equipment, such as air conditioning units, pool filtering and heating equipment, water softeners and similar equipment, if the equipment does not restrict access through the setbacks and if it is totally screened from view from abutting property and rights-of-way by fences, walls or landscaping.
(C) Setback averaging.
(1) If the existing front setbacks of lots within the same block and district and fronting on the same side of the street are less than the required front setback of the underlying district, applicants shall be allowed to use the average front setback on the block.
(2) In those cases, the average setback shall represent the mean (average) setback of all lots on the same side of the street within the same block, provided that lots that are not developed with the same type of use that is proposed on the subject property shall not be included in the calculation.
(3) When one or more of the lots on the block are vacant, the normally required setback for the vacant lot shall be used in calculating the average setback. This shall not be interpreted as requiring a greater front setback than imposed by the underlying district.
(D) Reduction of setback for public purpose. When an existing setback is reduced as a result of conveyance to a federal, state or local government for a public purpose and the remaining setback is at least 75% of the required minimum setback for the district in which it is located, the remaining setback shall be deemed to be in compliance with the minimum setback standards of this chapter.
(Ord. 08-347, passed - -2008)