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925.06. - Setbacks.

Setbacks refer to the required unoccupied open space between the furthermost projection of a structure and the property line of the lot on which the structure is located, except as modified by the standards of this section. Required setbacks shall be unobstructed from the ground to the sky except as specified in this section.

925.06.A   Features Allowed Within Setbacks

The following structures and features may be located within required setbacks:

1.  Trees, shrubbery or other features of natural growth provided that they do not obstruct vehicular sight distances;

2.  Open ornamental fences, hedges, landscape architectural features or guard railings around depressed ramps, in any required yard or court, if, except when in a closed court, maintained at a height of not more than four (4) feet above the ground level adjacent thereto;

3.  Fences or lattice-work screens or walls not more than six and one-half (6½) feet in height, or hedges or thick growth of shrubs, maintained so as not to exceed such height, in any required side or rear yard or court, provided they do not extend closer to a street than the buildable area of the lot. Barbed wire and razor edge are not permitted.

4.  Railings not more than three and one-half (3½) feet in height constructed on any balcony, stairway, porch or landing platform;

5.  Driveways and sidewalks;

6.  Signs, provided that they are specifically permitted by the sign regulations of this Code;

7.  Bay windows, architectural design embellishments, and cantilevered floor areas of dwellings that do not project more than two (2) feet into the required setback;

8.  Eaves that do not project more than two (2) feet into the required setback;

9.  Entrance hoods, terraces, canopies and balconies that do not project more than five (5) feet into a required front or rear setback nor more than two (2) feet into a required side setback;

10.  Chimneys, flues and ventilating ducts that do not project more than two (2) feet into a required setback and when placed so as not to obstruct light and ventilation;

11.  Utility lines, wires and associated structures, such as power poles; and

12.  Retaining walls, provided that they do not obstruct vehicular sight lines.

13.  Open outside stairways or fire escapes that do not project more than four (4) feet into a required side or rear yard;

14.  Open structures such as porches, decks or landing places which do not extend above the first floor of the building, with railing no more than forty-two (42) inches high, and with no roof construction measuring more than four (4) feet from the under side of the supporting plate to the top of the roof, may be erected:

1.  In required front or rear yards, or side yard abutting a street, provided the structure is not more than nine (9) feet in depth and not nearer an abutting interior lot line than required width of the side yard; or the existing side wall setback whichever is the minimum amount;

2.  The space beneath the projecting porch, decks or landing place may serve as part of an interior minor garage, provided no portion of the garage extends above the adjoining ground level or farther into the yard than the open porch, deck or landing place and no garage doors open outward.

15.  Access ramps and lifts for people with disabilities with review of the design, construction and location by the Zoning Administrator to insure appropriate context with the existing structure and neighborhood.

(Ord. 28/November 17, 2000/Amend. U-25; Ord. No. 27-2016, § 1, eff. 10-11-16)

925.06.B   Contextual Front Setbacks

Regardless of the minimum front setback requirements imposed by the zoning district standards of this Code, applicants shall be allowed to use the Contextual Front Setback. The Contextual Front Setback shall apply only to primary uses and structures. A Contextual Front Setback for any lot with street frontage may fall at any point between the (zoning district) required front setback and the front setback that exists on a lot that is adjacent and oriented on the same side of the street as the subject lot or that of a build-to line established by at least fifty (50) percent of the primary structures within the same block as the subject property on the same side of the street as demonstrated by the applicant with plot plans, surveys, maps, and other evidence determined to be acceptable by the Zoning Administrator. This provision shall not be interpreted as requiring a greater front setback than imposed by the underlying zoning district, and it shall not be interpreted as allowing setbacks to be reduced to a level that results in right-of-way widths dropping below established minimums.

925.06C   Contextual Side Setbacks

Regardless of the minimum side setback requirements imposed by the zoning standards of this Code, applicants shall be allowed to use a Contextual Side Setback. The Contextual Side Setback shall apply only to primary uses and structures. A Contextual Side Setback may fall at any point between the required side setback and the side setback that exists on a lot that is adjacent and oriented to the same street as the subject lot, but shall be a minimum of three (3) feet. If the subject lot is a corner lot, the Contextual Side Setback may fall at any point between the required side setback required by the zoning district and the side setback that exists on the lot that is adjacent and oriented to the same street as the subject lot, but shall be a minimum of three (3) feet. If lots on either side of the subject lot are vacant, the setback that is required by the zoning district shall apply. This provision shall not be interpreted as requiring a greater side setback than imposed by the underlying zoning district, and it shall not be interpreted as allowing setbacks to be reduced to a level that results in right-of-way widths dropping below established minimums.

Regardless of the setbacks of adjacent structures, for any single-unit house on a recorded zoning lot that is less than sixty (60) feet in width, the side yards may be reduced according to the following:

Lot Width

Required Interior

Setback

Required Streetside

Setback

59′

5′

29′

58′

5′

28′

57′

5′

27′

56′

5′

26′

55′

5′

25′

54′

5′

24′

53′

5′

23′

52′

5′

22′

51′

5′

21′

50′

5′

20′

49

5′

20′

48′

5′

19′

47′

5′

19′

46′

5′

18′

45′

5′

18′

44′

4′

18′

43′

4′

17′

42′

4′

17′

41′

4′

16′

40′

4′

16′

39′

4′

15′

38′

4′

15′

37′ and below

3′

15′

925.06.C.1   Reduced Setback on Both Sides

The applicant may reduce the side setback to three (3) feet on both sides only if adjacent properties have setbacks of three (3) feet or less on the sides abutting the applicant's property.

925.06.C.2   Zero Setback on One or Both Sides

The applicant may reduce the side setback to zero when the side of the abutting property has a zero side setback when both building walls abut each other.

925.06.D   Front Setbacks on Corner and Irregular Lots

In the case of corner or irregular lots, the Zoning Administrator shall determine which frontages shall be considered the "front", "side", and "rear" setbacks. Criteria to be considered shall include but not be limited to orientation of the primary structure, orientation of the neighboring structures, and the location of the entrances to the structure.

925.06.E   Setbacks Reduced 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 seventy-five (75) percent of the required minimum setback for the district in which it is located, then that remaining setback shall be deemed to be in compliance with the minimum setback standards of this Code.

925.06.F   Interior Side Setbacks When None Required

When no interior side setback is required and such a setback is provided it shall be a minimum of three (3) feet in depth. If an interior side setback is not provided the wall of the structure shall be on the interior side lot line.

925.06.G   Features Allowed within Setbacks by Administrator's Exception

The Zoning Administrator shall be authorized, in accordance with the Administrator Exception procedures of

Sec. 922.08

, to permit features as per

Sec. 925.06.G.1

within setbacks, according to the provisions of

Sec. 925.06.G.2

below.

925.06.G.1   Permitted Features

The following features shall be permitted within setbacks in accordance with the standards of this section:

(a)  Swimming pool and deck in rear and side yards;

(b)  Garage, carport or parking stalls in rear and side yards;

(c)  Storage shed or gazebo in rear and side yards;

(d)  Decks in the side or rear yard;

(e)  HVAC units in side or rear yard;

(f)  HVAC units in front yard no closer to street than existing front porch or stoop;

(g)  Dumpsters;

(h)  Building additions to primary structures, where the existing primary structure is built within a setback;

(i)  Enclosures of existing decks and porches in side or rear yards;

(j)  Rooftop decks on detached garages; and

(k)  Accessory Structures not listed above, where the primary structure is built within a setback.

925.06.G.2   Standards

The applicant shall establish, by submittal of a plot plan, photograph(s) and other pertinent data such as written approval by abutting property owners that:

(a)  For features other than HVAC units, with respect to the front and side yard setback requirements, the proposed construction or erection will not place the accessory use, structures, or additions any closer to the front or neighboring property line than the building line of the applicant's existing, legally established, primary structure;

(b)  The establishment, maintenance, location and operation of the proposed use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

(c)  Authorization of the proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes permitted, nor substantially diminish or impair property values within the neighborhood;

(d)  The establishment of the proposed exception will not impede the normal and orderly development and improvement of surrounding property for uses permitted in that district;

(e)  Any mechanical equipment will be shielded from abutting properties with landscape plantings and/or decorative fencing as determined to be appropriate by the Administrator for visual screening and noise shielding;

(f)  Any illumination or drainage shall be contained on site and directed away from abutting properties; and

(g)  HVAC units shall be screened by parapets or other devices, so as not to be seen from streets or adjacent properties and shall be compliant with applicable noise and operational standards within the Zoning Code.

925.06.G.3   Administrator Action

Before approving an application, the Administrator shall recommend reasonable adjustments including, but not limited to, items concerning utilities, drainage, noise, landscaping and maintenance thereof, lighting, access, egress, screening of accessways to ensure that authorization of the proposed exception is consistent with the standards found in

Sec. 925.06.G.2

above.

(Ord. No. 27-2016, § 2, eff. 10-11-16)

925.06.H   Front Yard Parking

925.06.H.1   Authorization of Front Yard District

The City Planning Commission may designate a Front Yard District at the request of at least sixty (60) percent of the property owners on the blockface of any specific street according to the procedure established by the Zoning Administrator. Blockface is defined as all properties on one (1) side of a given street existing between two (2) consecutive intersecting streets. Designation of a Front Yard Parking District allows individual property owners to file for a Special Exception from the Board of Adjustment to park one (1) noncommercial automobile in the front yard of a residence, under certain conditions, as prescribed in

Sec. 925.06.H.2

. Designation of a Front Yard District shall be considered subject to the following criteria:

(a)  The cartway of the block shall be no wider than eighteen (18) feet for a one-way street, or no wider than twenty-seven (27) feet for a two-way street; and

(b)  A majority of the lots along the subject block shall not be accessible to the rear or side yard; or

(c)  Where the Planning Commission determines physical conditions warrant creation of a Front Yard Parking District, such as, but not limited to:

(1)  Excessive topography which prevents parking on lot other than the front yard;

(2)  Restriction on parking due to fire lane or no parking designation or narrow width of cartway;

(3)  Location of underground utility lines which prevent access to rear or side yard.

925.06.H.2   Conditions of Special Exception

Installation of one (1) parking stall for a noncommercial automobile when accessory to a residential use shall be limited to RSD, Single-Unit Detached Residential, RSA, Single-Unit Attached Residential, and RT, Two-Unit Residential Use Subdistricts when located in an overlay Front Yard Parking District as designated by the Planning Commission, as specified under

Sec. 925.06.H.1

, provided:

(a)  The maximum dimensions of the stall shall not exceed twenty (20) feet in depth and ten (10) feet in width or fifty (50) percent of the property's frontage, whichever is less;

(b)  The stall shall be designed so that a vehicle parked on it shall not project onto any public right-of-way and will be accessed via a depressed-type cub cut, built according to city standards;

(c)  The stall shall be located so as to provide a minimum five-foot wide landscaped side yard;

(d)  The stall shall be paved with concrete, asphalt, or pavers, not including grass, slag, gravel, or mulch;

(e)  Each lot within the Front Yard Parking District shall be subject to the following criteria:

(1)  The lot shall not be accessible to the rear or side yard; or

(2)  The Zoning Board of Adjustment determines that physical conditions warrant inclusion such as but not limited to (1) excessive topography which prevents parking on lot other than the front yard, or (2) location of underground utility lines which prevent access to rear and side yard.

(f)  The remainder of the front yard shall be landscaped to adequately screen the parking space from view by adjoining properties to the fullest extent possible. Landscaping shall include evergreen shrubs, trees, decorative walls, and other decorative elements to achieve the proper screening.

925.06.I   Contextual Rear Setbacks

Regardless of the minimum rear setback requirements imposed by the zoning district standards of this Code, applicants shall be allowed to use a Contextual Rear Setback. The Contextual Rear Setback shall apply only to primary uses and structures. A Contextual Rear Setback may fall at any point between the required rear setback and the rear setback that exists on a lot that is adjacent to the subject lot and oriented to the same street as the subject lot. If the subject lot is a corner lot, the Contextual Setback may fall at any point between the rear setback required by the zoning district regulations and the rear setback that is adjacent to the subject lot and oriented to the same street as the subject lot. If lots on either side of the subject lot are vacant, the setback that is required by the zoning district shall apply. This provision shall not be interpreted as requiring a greater rear setback than imposed the zoning district, and it shall not be interpreted as allowing setbacks to be reduced to a level that results in right-of-way widths dropping below established minimums.

(Ord. 16(99)/July 1, 1999/Amend. U-6; Ord. 21-2002, § 26, 6-18-02; Ord. 36-2005, § 1, eff. 12-14-05; Ord. 42-2005, § 39, eff. 12-30-05; Ord. No. 25-2011, § 2, eff. 12-22-11; Ord. No. 26-2011, § 1, eff. 12-22-11)

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Keywords
setback
lot
width
yard
interior
925
context
streetside
park
contextual