§ 106.30.100. Setback Requirements and Exceptions

A.

Purpose. This Section provides standards for the use and minimum size of setbacks. Setbacks provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation between incompatible activities; and space for privacy, landscaping, and recreation.

B.

Setback requirements.

1.

Minimum setbacks for all structures. Each structure shall comply with the setback requirements of the applicable zoning district, and with any setbacks established for specific uses by Article 4 (Standards for Specific Land Uses), except as otherwise provided by this Section. No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line; or into an access easement or street right-of-way.

2.

Infill development within previously approved projects. Where the City has established specific setbacks for individual parcels through the approval of a specific plan, subdivision map, or other entitlement, those setbacks shall apply to continuing development within the approved project instead of the setbacks required by this Zoning Code.

3.

Exemptions from setback requirements. The minimum setback requirements of this Zoning Code apply to all development and new land uses, except the following:

a.

A fence or wall to the extent allowed by Section 106.30.050 (Fences and Walls);

b.

Decks, earthworks, steps, terraces, and other site design elements that are placed directly upon grade and do not exceed a height of 18 inches above the surrounding grade at any point;

c.

A sign in compliance with Chapter 106.38 (Signs); and

d.

A retaining wall less than three feet in height above finished grade. A higher wall may be allowed within a required setback with Design Review by the Director.

C.

Measurement of setbacks. A required setback from a street shall be measured from the edge of the abutting street/public right-of-way, and its proposed widening and extensions as indicated by the City Engineer. The width of any street or highway that does not appear in the Master Streets and Highways Plan shall be determined from the standards for street widths and improvements in the Subdivision Ordinance and/or City standards (Municipal Code Title 22).

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. The front property line is the most narrow dimension of a lot adjacent to a street.

a.

Offer of dedication. The front setback shall be measured at right angles from the nearest point on the edge of an Irrevocable Offer of Dedication (IOD).

b.

Private street. The front setback shall be measured at right angles from the nearest point on the edge of the recorded access easement of a private street, or the edge of the pavement, whichever is greater.

c.

Flag lot. The front setback on a flag-shaped lot shall be measured from the nearest point of the wall of the structure to the property line intersected by the access strip, establishing a setback line parallel to the property line nearest to the public street or right-of-way; except that any fencing proposed along the access strip shall comply with the setback requirements applicable to the adjacent parcels. See Figure 3-6.

d.

Corner lot. The measurement of the front setback shall be from the nearest point of the wall of the structure to the nearest point of the most narrow street frontage property line. If the property lines on both street frontages are of the same length, the Director shall determine the property line to be used for front yard setback measurement.

e.

Double-frontage lot. Proposed development on a double-frontage lot shall comply with the front yard setback requirements of the applicable zoning district on both street frontages.

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 point of the wall of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear yard setbacks.

3.

Street side yard setbacks. The side yard on the street side of a corner parcel shall be measured from the nearest point on the side property line bounding the street, or the edge of an easement for a private road, or the inside edge of the sidewalk, whichever results in the greatest setback from the roadway.

4.

Rear yard setbacks.

a.

The rear yard shall be measured at right angles from the nearest point on the rear property line to the nearest line of the structure, establishing a setback line parallel to the rear property line.

b.

Where a parcel has no rear property line because its side property lines converge to a point, an assumed line 10 feet long within the parcel, parallel to and at a maximum distance from the front property line, shall be deemed to be the rear property line for the purpose of determining the depth of the required rear yard. See Figure 3-7.

D.

Limitations on uses of setbacks.

1.

Structures. A required setback shall not be occupied by structures other than:

a.

The fences and walls permitted by Section 106.30.050 (Fences and Walls);

b.

The projections into setbacks allowed by Subsection E.; and

c.

Residential accessory structures as allowed by Section 106.42.200 (Residential Accessory Uses and Structures).

2.

Storage. No front or street side setback shall be used for the accumulation, placement or storage of automobiles or other motor vehicles, building materials, scrap, junk or machinery except for:

a.

Automobiles or other motor vehicles parked within a designated off-street parking area, and which shall be operable, registered, and licensed.

b.

Building materials required for construction on the parcel, immediately before and during a construction project which has a valid Building Permit in force. Storm discharge Best Management Practices (BMPs) shall be used to prevent runoff from these materials into the storm drainage system.

c.

Materials stored behind a fence that is at least six feet high and in compliance with Section 106.30.050 (Fences and Walls).

3.

Parking. Required parking for single-family residences may be located within the required front and interior side setback in compliance with Section 106.36.080.A.1.a.

4.

Storage of habitable trailer prohibited. No habitable trailer shall be stored or parked within a required street setback, except where limited display areas are authorized in a commercial zone through Minor Use Permit approval (Section 106.62.050).

5.

Pavement. Pavement within a front setback shall be limited to a driveway, plus 12 feet abutting and parallel to the driveway. The additional 12 feet of width shall be located adjacent to the interior side property line of a corner lot. Alternate locations for the additional pavement may be approved by the Director and City Engineer. Total pavement width in the front of the lot shall not exceed 50 percent of the lot frontage. The Director and City Engineer may grant an exception for exceeding the allowed limits for lots located on a collector or arterial street, where the owner proposes a circular driveway. This Subsection does not apply to front setback areas that were paved to a greater extent than allowed by this Section, prior to October 5, 2006.

E.

Allowed projections into setbacks.

1.

Primary structure into rear setback. Within a residential zoning district, a primary structure may project into a required rear yard setback provided that an area equal to the projection is provided as a yard or court within the buildable area of the lot. In no event shall the rear yard setback be less than 10 feet for a one-story building, or 15 feet for a two-story building.

2.

Accessory structures. See Section 106.42.200 (Residential Accessory Uses and Structures).

3.

Architectural features. A cornice, sill, eave, canopy, chimney, window bay, media niche, or similar architectural feature may project into a required setback by a maximum of 24 inches; provided that the length of a projecting chimney, canopy or window bay along the wall from which it projects shall be limited to a maximum of 10 feet.

a.

Accessory structure. An accessory structure shall maintain a minimum three-foot setback from property lines for any portion of the structure.

b.

Front porch. A front porch may encroach five feet into the front setback.

c.

Window bay. A window bay with glass comprising at least 50 percent of the total area of its vertical surfaces, may project 24 inches into a required setback when the finished floor of the window bay is at least 15 inches above the finished floor of the room. The roof overhang above the window bay shall not project beyond 24 inches into the setback area.

4.

Existing legal non-conforming setback. Additions to structures with existing legal non-conforming side yard setbacks in RD-1, 2, 3, and 4 zones may maintain the non-conforming setback distance for the expansion with the Director's approval.

F.

Setback requirements for specific structures.

1.

Accessory structures. See Section 106.42.200 (Residential Accessory Uses and Structures).

2.

Fences. See Section 106.30.050 (Fences and Walls).

3.

Decks or other site design element. Detached decks, freestanding solar devices, steps, terraces, and other site design elements which are placed directly upon the grade, and which exceed a height of 18 inches above the surrounding grade at any point, shall conform to the setback requirements of this Zoning Code for detached accessory structures. (Note: A site design element less than 18 inches above grade is exempt.)

4.

Swimming pool, hot tub, etc. A swimming pool shall be set back: 20 feet from a front property line; 12½ feet from a street side property line; and three feet from a rear or interior property line as measured to the water's edge.

5.

Air conditioning and mechanical equipment. Ground-mounted air conditioning equipment shall comply with the front and street side setback requirements of the applicable zoning district. Air conditioning equipment requires no setback from a side or rear property line. Other types of mechanical equipment shall be set back a minimum of five feet from side and rear property lines. A mechanical unit on the ground shall be screened from public view with a solid wood or masonry fence.

(Ord. No. 2008-15, § 1, 12-11-2008; Ord. No. 2017-002, § 3(Exh. A-1), 7-13-2017)