§ 165.284 SETBACK STANDARDS.

   The intent of the setback standards is to protect the health, safety and welfare of residents of the zoning jurisdiction of the city by requiring structures to meet certain setbacks.

   (A)   SB-01: general setback standards. This setback standards division (A) applies to the following zoning districts: PR; AG; IA; R1; R2; R3; UR; M1; M2; MP; UV; IS; NC; LC; GC; OC; CB; HC; EP; IC; I1; I2; and HI. The following standards apply.

      (1)   Cross-reference. For setback standards related to outdoor display areas, see § 165.280(A) (Outdoor Display Area Standards).

      (2)   Applicability. If a setback standard does not appear on the layout for a zoning district, then the standard does not apply to that particular zoning district.

         (a)   Minimum dwelling site front setback. The minimum dwelling site front setback shall be per each layout in §§ 165.085 through 165.108.

         (b)   Minimum dwelling site side setback. The minimum dwelling site side setback shall be per each layout in §§ 165.085 through 165.108.

         (c)   Minimum dwelling site rear setback. The minimum dwelling site rear setback shall be per each layout in §§ 165.085 through 165.108.

         (d)   Minimum front setback.

            1.   The minimum front setback shall be as per each layout in §§ 165.085 through 165.108.

            2.   Where a subdivision has been platted and substantially built-out utilizing a front setback less than that required by §§ 165.085 through 165.108, an infill lot may utilize the average setback as defined in § 165.003.

         (e)   Minimum side setback.

            1.   The minimum side setback shall be as per each layout in §§ 165.085 through 165.108.

            2.   Where a subdivision has been platted and substantially built-out utilizing a side setback less than that required by §§ 165.085 through 165.108, an infill lot may utilize the average setback as defined in § 165.003.

         (f)   Minimum rear setback.

            1.   The minimum rear setback shall be as per each layout in §§ 165.085 through 165.108.

            2.   Where a subdivision has been platted and substantially built-out utilizing a rear setback less than that required by §§ 165.085 through 165.108, an infill lot may utilize the average setback as defined in § 165.003.

      (3)   Exceptions. The following types of structures, features or land uses are exempt or partially exempt from the setback standard as stated.

         (a)   Signs. Signs are exempt from the setbacks in this section, but shall abide by the applicable sign standards.

         (b)   Telecommunication towers. Telecommunication towers are exempt from the setbacks in this section, but shall abide by the § 165.290 (Telecommunication Facility Standards).

         (c)   Architectural features. Cornices, eaves, sills, canopies, bay windows, bow windows or similar features shall be permitted to encroach into a required front yard, side yard and/or rear yard setback not more than three feet. However, these items shall never be closer than three feet to the property line.

         (d)   Awnings. Awnings shall be permitted to encroach into a required front, side and/or rear setback not more than four feet, but shall not be closer than three feet to the property line except in the CB District. (See § 165.350 (Parks, Neighborhood and Limited Commercial and Central Business Sign Standards for standards relating to the projection of awnings in CB Districts).)

         (e)   Chimneys. Chimneys shall be permitted to extend into a required setback not more than two feet. However, chimneys shall never be closer than three feet to the property line.

         (f)   Fences and walls. Fences and walls shall be exempt from the setbacks in this section, but shall abide by the applicable fence and wall standards.

         (g)   Driveways. Driveways are exempt from setbacks in this section, but shall abide by the side yard setbacks established by the applicable driveway standards.

         (h)   Parking lots.

            1.   In commercial, institutional and industrial zoning districts, parking lots may encroach into the front, side and rear yard setbacks for a primary structure by the amounts in division (A)(3)(h)2. below.

            2. Front yards: parking lots may project into a front yard by 25% of the minimum front yard setback, unless a specific setback for parking lots is designated in the zoning district.

         (i)   Utility poles, lines and junction boxes. Utility poles, lines and junction boxes shall be exempt from the setbacks in this section.

         (j)   Trash receptacles. Trash receptacles shall meet the setback standards in § 165.292 (Trash Receptacle Standards).

         (k)   Stairs or open platform. Stairs or an open platform or landing which does not extend above the level of the floor elevation of the first floor of the structure shall be permitted to extend into a required front, side and/or rear setback not more than four feet. However, these items shall never be closer than three feet to the side property line or ten feet to the front or rear property line.

         (l)   Storage tanks. Storage tanks shall be exempt from the setbacks in this section, but shall comply with the setbacks established by the applicable storage tank standards.

         (m)   Porch. A porch shall be permitted to encroach into a required front yard, side yard and/or rear yard setback, but not by more than six feet.

         (n)   Deck. A deck shall be permitted to encroach into a required side yard and/or rear yard setback by not more than ten feet. Under no circumstances shall a deck be closer than three feet from a property line.

      (4)   Environmental features. A twenty-five- foot setback shall be maintained between a structure and environmental feature, including: wetland, floodplain, recreation pond and retention pond.

(Ord. 10-2010, passed - -2010, § 5.69)

   (B)   SB-02: intense agriculture setback standards. This setback standards division (B) applies to the following zoning district: IA. The following standards apply.

      (1)   Exceptions. The following types of structures or features in division (B)(2) below are exempt or partially exempt from the setback standard as stated.

      (2)   Single-family detached. A single-family detached dwelling, when on the same lot as a confined feeding operation, shall be subject to the following:

         (a)   Front yard setback. 100 feet;

         (b)   Side yard setback. 100 feet; and

         (c)   Rear yard setback. 100 feet.

(Ord. 10-2010, passed - -2010, § 5.70)