9.3.5. Setback Encroachments

Table 9.3.5: Allowable Encroachment into Required Setbacks, sets out the kinds of features that are permitted to encroach within a required setback, provided they do not obstruct visibility for motorists at any street intersection (see Figure 9.3.5: Setback Encroachments).

TABLE 9.3.5: ALLOWABLE ENCROACHMENT INTO REQUIRED SETBACKS
Feature	Maximum Allowable Encroachment Distance into a Required Setback
Awnings	May encroach into any setback up to eight feet, but shall maintain a minimum height of at least nine feet above a sidewalk or other pedestrian access
Balcony or Bay Window	May extend up to four feet into any required setback within a residential zoning district, but shall be no closer than three feet from any lot line
Bicycle Parking Facilities	Allowed within a setback, but no closer than five feet to the edge of the pavement of a street
Canopy, Attached	May encroach into any setback up to three feet, but shall maintain a minimum height of at least nine feet above a sidewalk or other pedestrian access. In the CBD district, a canopy shall maintain a minimum distance of at least two feet from the back of the curb
Canopy, Freestanding	May be located in a setback provided no portion is closer than 15 feet to a street right-of-way
Chimneys, Fireplaces, Outdoor Kitchens, or Steps	May extend up to four feet into any setback, but shall be no closer than three feet from any lot line
Cornice, Beltcourse, or Sill	May extend up to one-and-one-half feet into any required setback
Decks, Covered	Subject to the setbacks applied to principal structures
Decks, Uncovered	Subject to the setbacks applied to principal structures
Decks, Uncovered -Within Six Inches of Grade	May extend up to four feet into a required side yard or ten feet into a required front or rear yard
Driveways	May be located in any required setback
Elevators and Similar Mechanical Devices	May encroach into side setbacks no more than 18 inches and rear setbacks no more than 36 inches
Fences or Walls, Excluding Retaining Walls	May be located in any required setback, subject to the limitations in Section 5.5, Fences and Walls, but shall not be located within a required sight distance triangle

 

TABLE 9.3.5: ALLOWABLE ENCROACHMENT INTO REQUIRED SETBACKS
Feature	Maximum Allowable Encroachment Distance into a Required Setback
Flagpoles, Mailboxes, Lamp and Address Posts	May be located in any required setback
Garage	May be located within rear yard, provided the structure is more than 10 feet from the principal dwelling
Gazebo or Garden Structure	May not be located within a street setback
Handicap Ramps	May be located in any required setback provided it does not unduly obstruct pedestrian or vehicular access
Outdoor Equipment (e.g., HVAC condenser, water heater, etc.) Serving Single-Family Detached Residential Use	May extend up to four feet into any required setback
Outdoor Equipment Serving a Use Other than Single-Family Detached Residential	May encroach into a required setback except when the required setback is five feet or less
Outdoor Seating Areas Serving a Nonresidential Use	May encroach into a setback up to eight feet
Outdoor Storage	May not encroach into a required setback
Patio, Covered	Subject to the setbacks applied to principal structures
Patio, Uncovered	May extend up to four feet into a required side yard or ten feet into a required front or rear yard
Pet Shelters	Subject to the setbacks applied to principal structures
Playground Equipment Accessory to a Residential Use	When located ten or more feet from the principal structure, may be located within five feet of a side or rear lot line, but shall not be located within a required street setback

 

TABLE 9.3.5: ALLOWABLE ENCROACHMENT INTO REQUIRED SETBACKS
Feature	Maximum Allowable Encroachment Distance into a Required Setback
Retaining Walls	May encroach into a required setback
Roof Eaves, Rakes, and Overhangs	May extend up to four feet into any required setback
Signs	May extend into any required setback in accordance with Section 5.11, Signage
Swimming Pool (including all ancillary appurtenances)	May extend into a required side or rear setback, but shall be no closer than five feet to a lot line or ten feet from the principal structure
Underground Structures (including septic systems but excluding swimming pools)	May be located in any required setback
Vegetation and Landscaping Features	May be located in any required setback
Vehicular Off-Street Parking Area	May be located in any required setback provided that no parking area is located within five feet of the street right-of-way
Well House (functional or aesthetic)	May be located in any required setback, but shall be no closer than eight feet from a right-of-way

 

Figure 9.3.5: Setback Encroachments

(Ord. 2020-36, passed 12-2-2019)