Setback Exceptions for Residential Property

Minor Intrusions Into Required Residential Development Standards

The following structures may intrude into the minimum required setback areas with the applicable review and approval. The Planning Director may determine that a particular structure is similar in kind to one of the listed structures. Review Required: E = Exception (no review required), DR = Design Review required, ME = Minor Exception required (Planning Director must make required findings). All others must secure a variance from the Planning Commission. 

For R-1 H, R-1 C, and R-1 properties located at or above 150 mean sea level elevation, design review shall take precedence over the listed exceptions.

Feature
Front Setback
Rear Setback
Interior Side Setback
Street Side Setback
Review Required
Accessory Structure - Detached or Attached
A. For properties with a rear property frontage on Center Boulevard or Red Hill Avenue (one of the following):





1. One, similar in type to gazebo, tool shed, or play structure, less than 200 square feet in area up to 10′ in height** above the ground surface subject to screen landscaping between the accessory structure and the right of way, as approved by the Planning and Building Director. It is encouraged that the roof pitch design of accessory buildings be similar to that of the main dwelling; or

20′

4′

8′

8′

E

2. One, similar in type to gazebo, tool shed, or play structure, less than 200 square feet in area exceeding 10′ in height** , but no higher than 12′ in height above the ground surface subject to screen landscaping between the accessory structure and the right of way, as approved by the Planning and Building Director. It is encouraged that the roof pitch design of accessory buildings be similar to that of the main dwelling; or

20′

6′

8′

8′

E

3. One, similar in type to gazebo, tool shed, or play structure, less than 200 square feet in area up to 10′ in height** above the ground surface subject to screen landscaping between the accessory structure and the right of way, as approved by the Planning and Building Director. It is encouraged that the roof pitch design of accessory buildings be similar to that of the main dwelling; or

20′

4′

0′

0′

DR

4. One, similar in type to gazebo, tool shed, or play structure, less than 200 square feet in area exceeding 10′ in height** , but no higher than 12′ in height above the ground surface subject to screen landscaping between the accessory structure and the right of way, as approved by the Planning and Building Director. It is encouraged that the roof pitch design of accessory buildings be similar to that of the main dwelling.

20′

6′

0′

0′

DR

B. For all other properties:

One, similar in type to gazebo, tool shed, or play structure less than 120 square feet in area (measured to exterior walls or surfaces) and 8′ or less in height above the ground surface** 

20′

0′

0′

0′

E

Arbor and Trellis:

Front Setback
Front Setback



1. Freestanding, 60 square feet or less in area and 8′ or less in height** above the ground surface. A distance of 10′ shall be maintained from dwellings located on contiguous properties.

0′

0′

3′

3′

E

2. Freestanding, exceeding 60 square feet in area and exceeding 8′ in height above the ground surface**.

0′

0′

0′

0′

ME

3. Attached, extending 3′ from building wall

3′

3′

3′

3′

E

Awning, Chimney, Cornice, Eave, Fireplace

Front Setback




1. All extending not more than 3′ from the building wall. A distance of 10′ shall be maintained from dwellings located on contiguous properties.

3′

3′

3′

3′

E

2. All extending beyond 3′ from the building wall.

3′

3′

3′

3′

ME

Built In Outdoor Barbecue and Counter

Front Setback




1. Counter and built in barbecue less than 36″ above grade**.

0′

0′

0′

0′

E

2. Counter between 36″ and 48″ above grade** and built in barbecue with cover up to 60″ above grade. A distance of 10′ shall be maintained from dwellings on contiguous properties.

0′

0′

0′

0′

ME

Carport, Garage

Front Setback




One, new detached, one car, single story carport and garage with a maximum gable height of 12′ (required on-site parking spaces shall be located as described in Section 10-3.504).

20′

5′

5′

5′

DR

Chicken Coops and Runs with a permit issued pursuant to Title 5, Chapter 1, Section 5-1.04

Front Setback




One structure up to 50 square feet in area and 8 feet or less in height above the ground surface used for the specific purpose of housing hens

0'

0'

0'

0'

ME

One transparent enclosure/run up to 120 square feet in area and 8 feet or less in height above the ground surface to allow hens to walk around

0'

0'

0'

0'

ME

Deck, Landing, Stairway - All Uncovered

Front Setback




1. Less than 3′ in height above the ground surface.

0′

0′

0′

0′

E

2. 3′ or greater in height above the ground surface.

14′

14′

6′

10′

E

3. Exceeding 3′ in height above the ground surface, but not exceeding 5′ in height above the ground surface.

0′

0′

0′

0′

ME

Dormer

Front Setback




A maximum of one on each wall, the length of each to be no greater than 8′ in length as measured parallel to the roof ridge. A distance of 10′ shall be maintained from dwellings located on contiguous properties.

3′

3′

3′

3′

E

Enclosure of an Area Directly Below an Existing Deck

Front Setback




To create additional living area.

0′

0′

0′

0′

DR

Fence, privacy wall, solid opaque screen planting, including supporting structures* 

Front Setback




A. For properties with rear frontages on Center Blvd and Red Hill Avenue:





1. Up to 6′ in height above the ground surface on either side of the fence at any point*.

0′

0′

0′

0′

E

2. 6′ in height with a 2′ lattice top above the ground surface (for a total height of 8′) with screen landscaping subject to approval by the Planning and Building Director

20′

2′

8′

8′

E

3. Between 6′ and 10′ in height with a 2′ lattice top above the ground surface with screen landscaping subject to approval by the Planning and Building Director.

20′

4′

Encroachment not permitted

Encroachment not permitted

E

B. For all other properties;





1. Up to 6′ in height with a 2′ lattice top (for a total height of 8′) above the ground surface.

0′

0′

0′

0′

E

2. For properties in Bald Hill: also refer to Bald Hill Area Plan: Fence Design





Filtered (non-opaque) Screening

Front Setback




There shall be no maximum height for filtered screen vegetation unless deemed necessary in a particular instance by the Public Works Director due to safety factors necessary to maintain good vehicular and pedestrian visibility of intersections of streets, sidewalks, and driveways, after consideration of the terrain and topography of the lot involved, and the volume of vehicular and pedestrian traffic.

0′

0′

0′

0′

E

First Story Rear and Side Horizontal Dwelling Infill Extensions

Front Setback




1. Incorporating no additional height increase and within the boundaries created by either connecting two points of the rear wall or two points on the same side wall of a building (notch filler).

20′

0′

0′

0′

E

2. Incorporating no additional height increase and within the boundaries created by connecting one point of a side wall and one point of a rear wall of a building (notch filler).

20′

0′

0′

0′

ME

Additions to existing dwellings and accessory structures originally and legally built less than eight (8′) feet but not less than five (5′) feet from the interior side property line

Front Setback




Existing dwellings may be expanded vertically or horizontally and existing accessory structures may be expanded horizontally along the existing building plane subject to Design Review. Should an existing building located within five (5′) feet to eight (8′) feet of the interior side property line originally and legally built be removed and rebuilt with no dimension changes from that which previously existing, the 5′ to 8′ setback is considered grandfathered and expansion can occur along the former building plane subject to Design Review. This provision does not apply to:

(a) Additions to existing structures which are less than eight (8′) feet from the interior side property line by virtue of a previously granted variance;

(b) Any construction less than five (5′) feet from the interior side property line; or

(c) Second story additions to accessory structures.

20′

20′

5′ to 8′

12′

DR

Hot Tub

Front Setback




1. Above the ground surface.

20′

5′

5′

5′

E

2. Above the ground surface.

8′

5′

5′

5′

ME

3. Below the ground surface.

8′

5′

5′

5′

E

Mechanical Equipment

Front Setback




Air conditioning unit, hot tub and swimming pool equipment (not contained in hot tub or swimming pool), all at or under 3′ above the ground surface.

5′

5′

5′

5′

E

Parking Deck, Driveway, Supporting Structure: (Uncovered)

Front Setback




On both downslope and upslope lots having minimum average lot slope of 25%.

0′

0′

0′

0′

ME

Parking Spaces on Uphill Lots

Front Setback




With retaining walls greater than 6′ in height above the ground surface*, but less than 10′ in height above the ground surface.

0′

0′

0′

0′

ME

Porch

Front Setback




1. Enclosure of existing roofed porch limited to two sides of an existing dwelling, not to exceed 100 square feet.

0′

0′

0′

0′

E

2. Covered porches (not enclosed): provided the finished porch floor does not exceed 5′ in height above the elevation of any adjacent right of way.

14′

20′

8′

12′

E

Raising of Structures (originally constructed without setback requirement and not having been granted an exception, minor exception or setback variance) a total of 2′ above the existing building height (including the roof, walls, and foundation), not to exceed the height limitation of the applicable zoning district. Includes: Dwelling, Carport, Garage, and Accessory Building.

Front Setback




If requested to elevate a finished floor in a Flood Hazard Area, to replace a foundation, or for other hazard mitigation.

0′

0′

0′

0′

E

If requested for aesthetic or other non-hazard purposes.

0′

0′

0′

0′

ME

Replacement in Kind

Front Setback




All existing structures legally erected (either before applicable ordinances or with applicable Building permit and Planning approval). Includes relocating structure from an existing 0′ property line setback to a 2′ maximum setback for maintenance purposes. Does not include other dimension changes.

0′

0′

0′

0′

E

Retaining Wall

Front Setback




Up to 4′ in height above the ground surface.

0′

0′

0′

0′

E

Swimming Pool

Front Setback




1. Above the ground surface measured at the outside edge.

20′

5′

5′

5′

E

2. Above the ground surface measured at the outside edge.

8′

5′

5′

5′

ME

3. Below the ground surface measured at the outside edge.

8′

5′

5′

5′

E

Window: Bay, Greenhouse, Box

Front Setback




1. All extending not more than 3′ from the building wall and no greater than 8′ in length. A distance of 10′ shall be maintained from dwellings located on contiguous properties.

3′

3′

3′

3′

E

2. All extending more than 3′ from the building wall and greater than 8′ in length.

3′

3′

3′

3′

ME


* Fences, privacy walls, and solid opaque screen plantings located within twenty (20′) feet of a front property line or within twelve (12′) feet of a street side yard property line fronting a street are subject to a separate permit review by the Public Works Director. The Public Works Director's decision shall be based upon safety factors necessary to maintain good vehicular and pedestrian visibility at intersections of streets, sidewalks, and driveways, after consideration of the terrain and topography involved, and the volume of vehicular and pedestrian traffic.  
** Ground surface: ground level at the time of construction, unless otherwise determined per Section 10-3.404(c).