§131.0461 Architectural Projections and Encroachments in Residential Zones

• (a) The following are permitted architectural projections and encroachments into required yards and the angled building envelope plane for RS and RX zones, the RM-1-1, RM-1-2, and RM-1-3 zones, and in small lot subdivisions in accordance with Section 143.0365. These projections and encroachments are not permitted in the required yards within view corridors that are designated by land use plans in the Coastal Overlay Zone and may not be located in a required visibility area or a required turning radius or vehicle back-up area except where development regulations may allow.

  • (1) Roof projections such as eave, cornice, and eyebrow projections may extend into the required yard or into the space above the angled building envelope subject to the following:

    • (A) The projection may extend a maximum of 6 feet into the required yard or 50 percent of the width of the required yard , whichever is less;

    • (B) The projection shall not be closer than 2 feet, 6 inches to the property line ; and

    • (C) There shall be a minimum 6-foot, 8-inch clearance between proposed grade and the projection.

    • (D) A roof design element may project into the space above the required angled building envelope plane, as depicted in Diagram 131-04S, provided that the roof design element:

      • (i) Faces the front yard;

      • (ii) Does not encroach into any required yard ;

      • (iii) Complies with all applicable structure height limits in accordance with Section 113.0270; and

      • (iv) Is limited to a maximum of 33 percent of the width of the building envelope facing the front yard , and a maximum depth equal to or less than its width.

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Diagram 131-04S

Exception for Angled Building Envelope Area

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• (2) Openly supported architectural projections , including trellises, may encroach into required yards , as shown in Diagram 131-04T, subject to the following:

  • (A) The height shall not exceed the height of the roof eave or the sill plate of the second floor , whichever is lower;

  • (B) The projection shall be at least 50 percent open in plan view;

  • (C) The projection may extend a maximum of 6 feet into the required yard or 50 percent of the width of the required yard , whichever is less;

  • (D) The projection shall not be closer than 2 feet, 6 inches to the property line ;

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• (E) There shall be a minimum 6-foot, 8-inch clearance between proposed grade and the lowest horizontal portion of the projection, not including the supports, as described in Section 131.0461(a)(2)(F), below; and

• (F) Diagonal supports from the building wall, such as knee braces, extending within a 45-degree angle from the building wall to the horizontal portion of the projection are permitted, provided that the horizontal and vertical components of the supports do not exceed 3 feet. There shall be a minimum spacing of 6 feet between supports.

Diagram 131-04T

Openly Supported Architectural Projections

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----- Start of picture text -----
Envelope limit for architectural
projection (max 6' or 50% of
required setback )
Architectural projection
min 50% open, in plan view
3' max
6' or 50% of
required setback
45 0 (whichever is less)
3' max Diagonal
support
6'-8" min
(6' o.c. min) Envelope limit for 2'-6" min
architectural projection
3' max
R equired setback
Section View Plan View
Required setback
----- End of picture text -----

• (3) Bay windows may project into required yards , as shown in Diagram 131-04U, subject to the following requirements:

  • (A) There shall be a minimum 1-foot clearance between the lowest point of the bay window structure and proposed grade directly below;

  • (B) The bay window shall not project into the required yard more than 4 feet or 50 percent of the width of the required yard, whichever is less. The bay window shall not be closer than 3 feet to the property line ;

  • (C) The bay window shall not be more than 8 feet in width;

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• (D) The bay window may extend to the maximum permitted height of the building envelope ; and

• (E) There shall be a 16-foot or greater spacing between bay windows, and no more than two bay windows per elevation shall encroach into the required yard .

Diagram 131-04U

Bay Window Yard Projections

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----- Start of picture text -----
Building
4' max or
50% of the width 30'
of the required setback, Building 24'
whichever is less
Required
setback
8' 16 ' 8'
1' min
max min max
Plan View Section View
----- End of picture text -----

• (4) Fireplace enclosures may encroach into required yards and the angled building envelope plane subject to the following requirements:

  • (A) The fireplace enclosure may not encroach into the required yard more than 2 feet, 6 inches or 50 percent of the width of the required yard , whichever is less. The fireplace shall not be closer than 2 feet, 6 inches to the property line ;

  • (B) The fireplace and chimney are not subject to the 45-degree sloped building envelope requirement and may extend to the maximum structure height at the required setback ;

  • (C) The fireplace enclosure shall have a maximum width of 10 feet measured from grade to the roof eave or the sill plate of the second floor , whichever is lower, and a maximum width of 5 feet beyond that; and

  • (D) No more than two projecting fireplaces per building elevation are permitted.

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• (5) Mechanical equipment such as air conditioner units, gas meters, electrical fuse boxes, or pool equipment and associated utility enclosures may encroach into required side and rear yards subject to the following requirements:

  • (A) At-grade equipment shall be located a minimum of 4 feet from the property line ; and

  • (B) Equipment that is located completely below finished grade, with a permanent, durable, protective cover shall be permitted to encroach up to 2 feet, 6 inches from the property line ;

  • (C) Except that no setback shall be required for air conditioner units within a side or rear yard where sound attenuation features are incorporated and demonstrated to comply with applicable sound level limits in accordance with Section 59.5.0401.

• (6) Entry roofs and porches may encroach into the required front and street side yards subject to the following requirements:

  • (A) The encroachment shall not exceed 6 feet or 50 percent of the width of the required yard , whichever is less;

  • (B) The height of the entry roof shall not exceed 15 feet above grade ;

  • (C) The width of the encroachment shall not exceed 10 feet or 50 percent of the width of the habitable portion of the building elevation, whichever is greater; and

  • (D) Porches shall be maintained with at least two elevations that are at least 40 percent open.

• (7) Entry arbors may encroach into required front and street side yards , as shown in Diagram 131-04V, subject to the following requirements

  • (A) The height of the arbor shall not exceed 10 feet for flat-topped structures or 12 feet for sloping structures ;

  • (B) The width of the arbor shall not exceed 6 feet, measured to the centerlines of the supports. A maximum 2-foot overhang is permitted on each side of the center of the supports, as long as the overhang does not project into the public right-of-way ;

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• (C) The horizontal surface of the arbor, including overhang, must provide a minimum 6-foot, 8-inch clearance above proposed grade ;

• (D) Supports shall not exceed a maximum dimension of 12 inches by 12 inches;

• (E) There shall be at least 6 feet between supports along the length of the arbor;

• (F) In plan view, the arbor shall be at least 40 percent open. Fencing between posts is subject to Chapter 14, Article 2, Division 3 (Fence Regulations);

• (G) The arbor shall not be enclosed on any side other than the side attached to the building, if attached; and

• (H) Arbors may encroach the entire width of the required yard but may not project beyond the property line .

Diagram 131-04V

Entry Arbor Yard Projections

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Roof element above
(min 40% open) Sloping roof
6' min
Flat roof
2' max 12' Height
limit
10' Hight
6' max 12" X 12" max post limit
6'- 8" min
2' max
Grade
Plan View Section View
----- End of picture text -----

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• (8) Patio structures may be located within a required side yard or rear yard , subject to the following requirements:

  • (A) The patio structure shall not be located closer than 5 feet to any property line ;

  • (B) The patio shall be open on at least three sides except for support columns with maximum dimensions of 18 inches by 18 inches in plan view;

  • (C) The support columns shall have a minimum separation of 8 feet measured on center; and

  • (D) The height of the roof of the patio shall not exceed the roof eave or the sill plate of the second floor , whichever is lower.

• (9) Dormers are permitted to encroach into required yards and into the angled building envelope plane subject to the following:

  • (A) The total length of all dormers on a building wall may not exceed 30 percent of the total length of the building along that wall;

  • (B) A dormer may not exceed 10 feet in width, measured at the building wall;

  • (C) There shall be a minimum of 4 feet between each dormer , including eaves;

  • (D) Projecting dormers may project through the 30/45-degree sloped building envelope plane and may encroach 4 feet into the required yard or 50 percent of the width of the adjacent required yard , whichever is less; provided, however, that the dormer may not be closer than 3 feet to the property line ; and

  • (E) A dormer may be a vertical extension of a bay window.

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Diagram 131-04W

Dormer Projection into Angled Building Envelope Plane

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Outline of building envelope
Roof ridge line Area of allowable dormer projection
beyond angled building envelope plane Roof ridge line
6'
Outline of building
cross-section ‘’A’
Dormer 'A'
(10’ max) (8' max)
Slope Slope 4' min
Building
24'
Dormer ‘B’ B'
(10’ max) (8' max) Length of roof plan
----- End of picture text -----

NOTE: Total width of dormer projections ('A' + 'B') shall not exceed 30% of length of roof plan in RM -1-1, RM -1-2, RM -1-3 zones or 50% of length of roof plan in RM -2-4, RM -2-5, RM -2-6 zones.

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Section Roof Plan
3-Dimension
'A'
'B'
----- End of picture text -----

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• (10) Unroofed structures : An unroofed portion of a structure not in excess of 3 feet above proposed grade , with an open safety railing not exceeding 42 inches in height, is permitted within a required side or rear yard .

  • (11) Swimming pools, spas, and hot tubs are permitted within a required yard subject to the following:

    • (A) Swimming pools that project 3 feet or less above grade may be located a minimum of 3 feet from the property line .

    • (B) Swimming pools that project greater than 3 feet above grade are not permitted to encroach within a required street yard or interior side yard setback , but may encroach into the rear yard setback if located a minimum of 4 feet from the rear property line .

  • (12) Garages or non-habitable accessory buildings may encroach into a required side or rear yard as follows:

    • (A) The lot size shall not exceed 10,000 square feet;

    • (B) The encroaching accessory building shall be limited to a maximum structure height of 15 feet within the setback ;

    • (C) The encroaching accessory building shall not share a common wall with the primary dwelling unit , but may be attached via a non-structural design element. Any development attached to the accessory building above one story shall comply with the setback ;

    • (D) The accessory building shall not exceed a maximum length of 30 feet within any given setback ; and

    • (E) An encroaching accessory building shall not exceed 525 square feet in gross floor area .

• (b) The following are permitted architectural projections and encroachments into the required front and street side yard for the RT zones. A maximum of 50 percent of the area of the required minimum front yard (the front 5 feet of the lot ) may be used for encroachments . See Section 131.0464(c) for required building articulation features. No permitted projection or encroachment may be located in a required visibility area or a required turning radius or vehicle back-up area except where development regulations may allow.

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• (1) Projecting balconies may encroach into required minimum front and street side yards subject to the following requirements:

  • (A) One unenclosed projecting balcony is permitted for each story above the first story ;

  • (B) A projecting balcony may encroach up to 4 feet into required minimum yards ;

  • (C) Support posts to the ground below are not permitted unless the area below the balcony serves as a projecting entry and provides shelter for an access door to the dwelling unit; and

  • (D) The maximum permitted width of projecting balconies is 8 feet.

• (2) Bay windows may encroach into required minimum front and street side yards subject to the following requirements:

  • (A) Bay windows are limited to two per story ;

  • (B) The maximum permitted width of bay windows is 8 feet;

  • (C) Bay windows may encroach a up to 4 feet into required minimum yards ; and

• (D) Bay windows may extend to the height of the building or there may be a horizontal separation between the bay windows.

• (3) Turrets with or without cupola may encroach into the required minimum front and street side yards and may extend into the sloped building envelope area subject to the following requirements:

  • (A) Only one turret per lot may be used;

  • (B) A turret located at the corner of the building on a corner lot may encroach into both the front and street side yards;

  • (C) A turret may encroach up to 4 feet into required yards ; and

  • (D) A turret (and cupola) may also extend above the building height limit and into the sloped building envelope area so that the highest point is up to 5 feet above the maximum structure height of the base zone. However, no structure or addition to a structure shall be permitted to exceed the established height limit of any overlay zone. (See Overlay Zones Chapter 13, Article 2, Division 1.)

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• (4) Projecting entries, either at grade or elevated with accompanying stairs and cover, may encroach into required minimum front and street side yards subject to the following requirements:

  • (A) Only one entry per elevation is permitted;

  • (B) The height of the floor of an elevated entry shall not exceed 42 inches above proposed grade ;

  • (C) The entry may not be closer than 4 feet to the front property line ; and

  • (D) The width of a projecting entry shall not exceed 50 percent of the width of the building facade .

• (5) Trellis projections and eaves may project into required minimum front and street side yards subject to the following requirements:

  • (A) Trellises may project into required minimum yards up to the property line , but no portion of the trellis may extend beyond the property line ;

  • (B) Eaves may project 2 feet, 6 inches into the required minimum yards ; and

  • (C) There shall be at least 6 feet, 8 inches of clearance between proposed grade and the bottom of the projections.

• (6) Dormers may project into required minimum front and street side yards subject to the following requirements:

  • (A) A maximum of two dormers are permitted per elevation;

  • (B) The maximum width of dormers shall be 10 feet; and

  • (C) Dormers may extend into the sloped building envelope area.

• (7) A detached garage may encroach into the street side yard subject to the following requirements:

  • (A) The garage may not exceed 12 feet in height; and

  • (B) The garage must be located within the rear 30 feet of the lot .

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• (c) In the RM-2-4, RM-2-5, RM-2-6, RM-3-7, RM-3-8, RM-3-9, RM-4-10, RM4-11, and RM-5-12 zones, architectural projections and encroachments listed in Section 131.0461(a) are permitted with the following limitations. No permitted architectural projection or encroachment may be located in required yards within view corridors that are designated by land use plans in the Coastal Overlay Zone, in a required visibility area , a required turning radius, or vehicle back-up area except where development regulations may allow.

  • (1) For front and rear yards , one encroachment is permitted per 50 feet of building facade length, with a minimum of 10 feet between encroachments .

  • (2) For side yards , two encroachments are permitted per 50 feet of building facade length, with a minimum of 10 feet between encroachments .

  • (3) A minimum of 3 feet must be provided between the encroachment and the property line .

  • (4) Garages or non-habitable accessory buildings that meet the requirements in Sections 131.0461(a)(12)(A) through 131.0461(a)(12)(E) may only encroach into a required side or rear yard if they are detached.

  • (5) Dormers may project into the angled building envelope plane as follows:

    • (A) The aggregate width of dormers may not exceed 50 percent of the length of the roof plan to which the dormers will be attached; and

    • (B) Dormers may not extend beyond a height of 40 feet.

  • (6) Projecting balconies may encroach up to 4 feet into the required minimum front and street side yard subject to the following requirements:

    • (A) One unenclosed projecting balcony per dwelling unit is permitted for each story above the first story ;

    • (B) Support posts to the ground below are not permitted unless the area below the balcony serves as a projecting entry and provides shelter for an access door to the dwelling unit ; and

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• (C) The maximum permitted width of projecting balconies shall not exceed 10 feet or 50 percent of the width of the habitable portion of the building elevation, whichever is greater.

(Amended 6-12-2001 by O-18948 N.S.; effective 12-12-2001.) (Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.) (Amended 11-13-2008 by O-19801 N.S.; effective 12-13-2008.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Amended 5-5-2015 by O-20481 and O-20483 N.S.; effective 6-4-2015) (Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.)