Part 4 — SETBACK REGULATIONS

Except as otherwise expressly and specifically provided in other sections of this Title, every part of every setback area shall be kept open, unobstructed, and unoccupied on the surface of the ground, above the surface of the ground, and below the surface of the ground by all buildings or structures except as follows:

A.

Sills, eaves, belt courses, cornices, canopies, and other similar architectural features may project horizontally for a distance of not more than two feet into the air space above the surface of the ground in any setback area;

B.

In the R-1-2, R-1-1 and R-1-RR districts only, sills, eaves, belt courses, cornices, canopies, and other similar architectural features may project horizontally for a distance of not more than four feet into the air space above the surface of the ground in any setback area;

C.

Any portion of a building including but not limited to bay windows, chimneys, or architectural elements that project out from the primary surface of the building facade, whether on a foundation or cantilevered, not occupying in the aggregate more than twenty percent of the length of the side of the building, may project horizontally for a distance of not more than two feet into any setback area, provided that such extensions maintain a minimum side setback of at least three feet and a minimum rear setback of at least ten feet;

D.

Tankless water heaters, heat pumps, and power inverters may project horizontally for a distance of not more than two feet into any setback area, provided such extensions maintain a minimum side setback of three feet;

E.

Wells for basement windows or stairs of up to ten feet in length each, not occupying in the aggregate more than twenty percent of the length of the side of the building on which they are located, may project horizontally for a distance of not more than two feet into the side and rear setback areas, provided that such extensions maintain a minimum side setback of three feet and a rear setback of fifteen feet;

F.

Overhead wires necessary for utility service to a building on the lot;

G.

Underground lines necessary for the sewerage, drainage, plumbing, water, gas, and electrical and other utility needs of the lot or of a building on the lot;

H.

Walks and driveways for vehicular or pedestrian access to the lot that are situated in any setback area shall not be higher than two feet above grade; and

I.

Mechanical equipment, including but not limited to, pool equipment and HVAC equipment, may be placed in the rear setback and shall maintain a five-foot setback from the rear property line, maintain a setback from the side property line a distance equal to that of the side setback requirements of the respective zoning district, and adhere to the required front setback of the respective zoning district.

(Ords. 26248, 26455, 29011, 29821, 30396, 31095, 31298.)

Unenclosed porches and stairways, if they do not extend more than three feet above surface grade may extend into a front setback area not more than five feet. Porches and stairs may be covered.

(Ords. 26248, 26455, 29821.)

The following encroachments are permitted into the air space above the surface of the ground in the rear setback area required Section 20.30.200; provided, however, that the horizontal distance, measured at any and all points between the vertical projection of any accessory building or structure (except an uncovered swimming pool, no part of which, other than diving boards, slides and ladder rails, is more than twelve inches above surface grade) and the vertical projection of such encroachments shall be not less than six feet, said permitted encroachments being as follows:

A.

In the R-M residence district, balconies, decks and corridors of the residential building if they are uncovered and unenclosed, and if the lowest part thereof is not less than eight feet above surface grade, may project horizontally for a distance of not more than five feet into the air space above the surface of the ground in the rear setback area as set for in Table 20-60. Such balconies, decks and corridors shall not be supported by nor attached to any columns or walls situate in such required rear setback area which is covered by them or be enclosed with glass, screening or walls of any kind nor shall any glass, screening or walls of any kind situate in such required rear setback area be attached to them.

B.

Fire escapes of the residential building, if they are uncovered and unenclosed, and if the lowest part thereof when in a retracted position is not less than eight feet above surface grade, may project horizontally for a distance of not more than five feet into the air space above the surface of the ground in the rear setback area required by Section 20.30.200.

C.

Eaves of the residential building and/or a roof (e.g., a patio cover) which is attached to the residential building may project horizontally for a distance of not more than four feet into the air space above the surface of the ground in the rear setback area required by other provisions of this title. Such eaves and/or such roof shall not be supported by nor attached to any columns or walls situate in such required rear setback area; nor shall any part of such required rear setback area which is covered by such eaves and/or such roof be enclosed with glass, screening or walls of any kind, nor shall any glass, screening or walls of any kind situate in such required rear setback area be attached to any part of such eaves or such roof.

D.

Eaves of the residential building and/or a roof (e.g., a patio cover) which is attached to the residential building may project for a greater distance than four feet into the air space above the surface of the ground in the rear setback area required by Section 20.30.200, provided that:

Such eaves and/or such roof may cover up to, but not more than, fifteen percent of such required rear setback area;

No part of that portion of such eaves and/or of such roof which encroaches more than four feet into such required rear setback area shall be less than seven feet above surface grade;

No part of that portion of such eaves and/or of such roof which encroaches more than four feet into such required rear setback area shall be more than ten feet above surface grade;

No part of that portion of such eaves and/or of such roof which encroaches more than four feet into such required setback area shall have a vertical thickness of more than thirty-six inches;

Such eaves and/or such roof may be supported by columns which are situate in such required rear setback area, but shall not be supported by nor attached to walls which are situate in such required rear setback area;

No part of such eaves nor of such roof nor of any columns supporting such eaves and/or such roof shall be closer than fifteen feet, horizontally, to the rear property line; and

No part of such required rear setback area which is covered by such eaves and/or such roof shall be enclosed with glass, screening or walls of any kind nor shall any glass, screening or walls of any kind situate in such required rear setback area be attached to any part of such eaves, such roof or columns supporting such eaves and/or such roof.

(Ords. 26248, 26455.)

No unmounted camper or vehicle, other than those vehicles expressly specified and allowed under Title 17 of this Code, shall be kept, stored or parked for a period of time in excess of forty-eight consecutive hours in the front setback area of any lot or parcel situated in a residential district or containing a residential use. Such parking or storage is limited to paved surfaces.

(Ords. 26248, 26711.)

No more than fifty percent (50%) of the required front setback for any lot containing a one-family dwelling or any lot located in any R-1 residence district with a frontage width of forty (40) feet or greater shall be paved with asphalt, cement or any other impervious or pervious surface.

For lots which have a frontage width less than forty (40) feet, paving in the front setback area is limited to ten (10) feet in width or fifty percent (50%) of the width of the lot an any given point, whichever is greater.

Notwithstanding subsection 1, for lots which have a frontage width less than forty (40) feet, a paved area directly contiguous with, and providing primary access to, two side by side required parking spaces, may exceed the fifty percent (50%) limitation as long as it is no more than twenty-five (25) feet long and eighteen (18) feet wide.

(Ords. 26248, 30133.)