This section establishes standards to ensure the provision of open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation.
A. Setback Requirements. All structures shall conform with the setback requirements established for each zoning district by Article II (Zoning Districts and Allowable Land Uses), and with any special setbacks established for specific uses by this development code. Portions of a structure, including eaves or roof over-hangs, shall not extend beyond a property line or into an access easement or street right-of-way. Each yard shall be open and unobstructed from the ground upward, except as provided in this section.
B. Exemptions from Setback Requirements. The minimum setback requirements of this development code apply to all uses except the following:
1. Fences or walls constructed within the height limitations of the development code;
2. Decks, free-standing solar devices, steps, terraces and other site design elements that are placed directly upon the finish grade and do not exceed a height of eighteen (18) inches above the surrounding finish grade at any point; and
3. Retaining walls less than four feet in height above finished grade.
C. Measurement of Setbacks. Setbacks shall be measured as follows. (See Figure 3-2)
1. Front Yard Setbacks. The front yard setback shall be measured at right angles from the nearest point on the front property line of the parcel to the nearest point of the wall of the structure, except as follows:
a. Corner Parcels. The measurement shall be taken from the nearest point of the structure to the nearest point of the property line adjoining the street to which the property is addressed and the street from which access to the property is taken. Whenever a future street right-of-way line is officially established. required yards shall be measured from the established line(s);
b. Flag Lots. The measurement shall be taken from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel; establishing a building line parallel to the lot line nearest to the public street or right-of-way.
2. Side Yard Setbacks. The side yard setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest line of the structure; establishing a setback line parallel to the side property line, that extends between the front and rear yards.
3. Street side Yard Setbacks. The side yard on the street side of a corner parcel shall be measured from the nearest point of the side property line adjoining the street.
4. Rear Yard Setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest line of the structure. establishing a setback line parallel to the rear property line, that extends between the side yards, except:
a. The rear yard on the street side of a double frontage lot shall be measured from the nearest point of the rear property line adjoining the street. However. if an access easement or street right-of-way line extends into or through a rear yard. the measurement shall be taken from the nearest point of the easement or right-of-way line; and
b. Where the side lot lines converge to a point, a line five feet long within the parcel, parallel to and at a maximum distance form the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard. See Figure 3-3.
FIGURE 3-2
LOCATION AND MEASUREMENT OF SETBACKS
LOCATION AND MEASUREMENT OF SETBACKS
FIGURE 3-3
REAR SETBACK WITH CONVERGING LOT LINES
REAR SETBACK WITH CONVERGING LOT LINES
5. Nonparallel Lot Lines. Where a structure wall is not parallel to a side or a rear lot line, the required dimension of the side or rear yard along the line, may be averaged; provided that the resulting side yard shall not be less than three feet in width, and the rear yard shall not be less than ten feet in depth, at any point.
D. Allowed Projections into Setbacks. The following architectural features may extend into the front, side and rear yard setbacks, only as follows:
1. Chimneys/Fireplaces. A chimney/fireplace, up to six feet in width, may extend thirty (30) inches into a required setback, but no closer than three feet to a side or rear property line.
2. Canopies, Cornices, Eaves and Roof Overhangs. Cantilevered architectural features on the main structure, including, but not limited to, balconies, bay windows, canopies, cornices, eaves and solar de-vices, that do not increase the floor area enclosed by the structure, may extend into required yards as follows:
a. Front Yard Setback: Up to three feet into the required front yard;
b. Side Yard Setback: Up to two feet into a required side yard, but no closer than three feet to a side property line; and
c. Rear Yard Setback: Up to five feet into the required rear yard.
3. Porches and Stairways. Covered, unenclosed porches, located at the same level as the entrance floor of the structure and outside stairways and landings that are not enclosed, may extend into required yards as follows:
a. Front Yard Setback: Up to six feet into a required front yard;
b. Side Yard Setback: Up to three feet into a required side yard, but no closer than three feet to a side property line; and
c. Rear Yard Setback: Up to six feet into a required rear yard.
4. Setback Requirements for Specific Structures:
a. Hot Tubs, Swimming Pools/Spas and Other Site Design Elements.
1) Under Eighteen (18) Inches. Site design elements less than eighteen (18) inches above finish grade are exempt from setback requirements. Swimming pools, or other recreational pools or landscape ponds may be located in a required front or side yard, subject to the approval of a minor conditional use permit (Chapter 16.52) and applicable building and health codes.
2) Eighteen (18) Inches and Over. Detached decks, freestanding solar devices, hot tubs, steps, swimming pools/spas, terraces and other site design elements that are placed directly upon the finish grade, and which equal or exceed a height of eighteen (18) inches above the surrounding finish grade at any point, shall conform to the setback requirements identified in Article II (Zoning Districts, Allowable Land Uses) for detached accessory structures.
b. Retaining Walls. (Retaining walls up to four feet in height are exempt.)
1) Up to Six Feet. Retaining walls up to six feet in height may be located within a required set-back provided the exposed side of the wall faces into the subject parcel; and
2) Over Six Feet. Retaining walls greater than six feet in height, or where the exposed side of the wall faces out from the subject parcel without regard to height, shall be subject to the same requirements as the main structure in the applicable zoning district.
E. Coverage.
1. Measurement. The total area of the building footprint measured from the outside edges of the exterior walls.
2. Arbor, Gazebo and Trellis. An attached or detached accessory structure that complies with either of the following standards shall be exempt from lot coverage:
a. The structure is substantially open to the passage of light and air on at least three sides, and which has a roof of typical lattice or which is not less than fifty (50) percent open to the sky at any point across the entire structure.
b. The structure does not have more than two hundred (200) square feet of area under a solid roof (excluding open eaves) and is substantially open to the passage of light and air on at least three sides.
3. Guest Parking. Guest parking that is covered shall be exempt from lot coverage.
4. Exceptions for Public Benefit. The city council may increase the maximum amount of lot coverage from between five percent and twenty (20) percent as a means of recognizing an applicant's efforts to address neighborhood compatibility and/or to acknowledge the inclusion of public benefits and both on-site amenities and public amenities beyond that normally required of a similar development proposal. Conditions under which a lot coverage increase could be considered include, but are not limited to, at least two of the following: the use of a substantial amount of single-story structures; construction of off-site infrastructure not otherwise needed for the project; the inclusion of useable public open spaces; enhanced landscaping or public and on-site recreational opportunities. As the amount of the lot coverage exception increases, the number and extent of the public benefits as well as on-site and public amenities would expand accordingly.
(Ord. 300 § 2, 2004; Ord. 297 § 4, 2004; Ord. 182 § 2 (part), 1997)