§ 36.14

This section provides exceptions to the residential yard setback and floor area ratio requirements of Section 36.10.25 (R1 Zone Development Standards) and 36.10.50 (R2 Zone Development Standards) under specified circumstances. In no case shall the projection exemptions result in less than the required interior

setback or minimum building separation between two (2) structures in R1 or R2 districts. All setback and projection exceptions that comply with this section are exempt from development review. All floor area ratio exceptions require development review in compliance with Section 36.44.45.

(Ord. No. 18.13, § 1, 12/10/13.)

Projections of a principal structure into required setbacks and minor floor area ratio exceptions may be permitted for the purpose of home improvements or minor additions, in compliance with this section. The purpose of this section is to allow the upgrading of existing dwellings that may otherwise be prevented by the provisions of this section.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Projections into front and side setbacks of the principal structure. Projections of the principal structure, including roof eaves, into front or side setbacks of up to three (3) feet may be permitted where the projections do not exceed a cumulative ten (10) feet in length along a given building side, and where the total cumulative footprint area of the projections does not exceed fifty (50) square feet. Projections may be on the first or second story or both.

b.

Projections into rear setbacks of the principal structure. A portion of the principal structure, including roof eaves, may project into the required rear setback, subject to the following requirements:

1.

Height limit. The projection shall be no more than one (1) story or twenty-four (24) feet in height and no more than fifteen (15) feet at the top of the wall plate;

2.

Rear setback. The projection shall be located no closer than ten (10) feet to the rear lot line, including any projections or overhang;

3.

Maximum coverage. The projection(s), including any existing projections, shall not cover more than a cumulative twelve and one-half (12½) percent of the required rear yard area;

4.

Design. The projection shall conform in general to the principal structure in terms of design, materials and color.

c.

Findings for approval. A projection into a setback for home improvements/minor additions shall not be approved unless the proposed exception:

1.

Is minor, involving a particular area or room of the structure, and does not propose a setback encroachment along the entire length of any one (1) facade;

2.

Is only intended to increase the habitability and function of a particular area or room of the structure, or is desirable for the preservation of an existing architectural style or neighborhood character that could not otherwise be accomplished; and

3.

The granting of the exception will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety or welfare.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 5.18, § 2, 4/24/18)

a.

Minor floor area ratio exception, R1 zoning district. Up to a cumulative seventy-five (75) square feet may be allowed beyond the FAR limit in the R1 zoning district (without approval of a major floor area exception under Section 36.14.90.b), provided that the total square footage of the dwelling does not exceed the maximum floor area allowed under the major floor area exception process. This additional floor area is only intended to increase the habitability and function of a particular room or area of the structure. Development review in compliance with Section 36.44.45 is required for this exception.

1.

Findings for approval. A minor floor area ratio exception for home improvements/minor additions shall not be approved unless the proposed exception:

(a)

Is minor, involving a particular area or room of the structure, and does not propose a setback encroachment along the entire length of any one (1) facade;

(b)

Is only intended to increase the habitability and function of a particular area or room of the structure, or is desirable for the preservation of an existing architectural style or neighborhood character that could not otherwise be accomplished; and

(c)

The granting of the exception will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety or welfare.

b.

Major FAR exception, R1 zoning district. When requested by a project applicant, a major floor area ratio exception of up to ten (10) percent greater than the base floor area may be granted by the zoning administrator for an addition to an existing house after a public hearing in compliance with Section 36.56 (Applications, Hearings and Appeals).

1.

Findings for approval. A major floor area exception shall not be approved unless the zoning administrator makes Finding (a) or all three of findings (b), (c) and (d) below:

(a)

There are exceptional or extraordinary circumstances related to the design of the existing house or building code compliance or other code compliance that make it difficult or impossible to enlarge the house within the base floor area ratio requirements, and that the additions is of superior design quality and compatible with the existing neighborhood character; or

(b)

The additional floor area is only intended to increase the habitability and function of the structure; and

(c)

The granting of the major floor area exception is desirable for the preservation of an existing architectural style or neighborhood character which would not otherwise be accomplished through the strict application of the provisions of this chapter; and

(d)

It can be demonstrated that the design of the proposed addition is of superior design quality; compatible with existing neighborhood character; effective in minimizing the perceived size of the dwelling; not overly intrusive to the privacy and sunlight access of neighboring dwellings; and is in substantial compliance with the design guidelines for single-family homes.

(Ord. No. 18.13, § 1, 12/10/13.)

Architectural

projections attached to a principal structure or accessory structure into required setbacks may be permitted for the purpose of home improvements, additions, or new construction in compliance with this section.

a.

Architectural projections eighteen (18) inches or less in height, front, side and rear yards. Decks, stoops, landings, concrete patios and other architectural features eighteen (18) inches or less in height above natural grade may encroach into any side or rear yard, provided the structure causes no drainage onto adjacent properties.

b.

Architectural projections greater than eighteen (18) inches in height, front, side and rear yards. First and second-story architectural features attached to principal or accessory structures that are not part of the habitable interior area (e.g., eaves, canopies, trellises, arbors, open porches, balconies, decks, patio covers, chimneys, outside stairways, basement light wells, all greater than eighteen (18) inches in height, etc.), and first-story bay windows no more than twelve (12) feet long, may project into required setbacks the following maximum distances, except that second-story bay windows, balconies, or decks are not allowed to project into the required side and rear setbacks:

1.

Six (6) feet into the front setback;

2.

Two (2) feet into the side setback; and

3.

Six (6) feet into the rear setback.

(Ord. No. 5.18, § 3, 4/24/18)

DIVISION 13. - SMALL-LOT, SINGLE-FAMILY DEVELOPMENT