§ 17.12.040. Other setbacks.

Within the DTC zoning district, see Chapter 17.37 for permitted encroachments into setback areas.

A.

Railroads. In the IWD, IR and IG districts, no side or rear setback shall be required along a lot line adjacent to an operative railroad track.

B.

Setbacks for Irregular-Shaped Lots. Wherever a lot is of such irregular shape that the setback provisions cannot be readily applied, the zoning administrator shall interpret the application of the setback provisions.

C.

Party Walls. The side setback requirements may be waived when attached dwelling units are subdivided for sale along common party walls in the RM and mixed-use districts.

D.

Building Separation. In the RM districts the minimum distance between two buildings on the same lot shall be ten feet or the minimum required by the building code, whichever is greater.

E.

Permitted Setback Obstructions. The following structures or building components may be located within required setbacks. Except for screening walls, fences and hedges, the following features shall not be permitted within a required landscape buffer yard.

1.

Accessory buildings.

a.

Accessory buildings, when located to the rear of a principal structure on a lot where the rear lot line abuts an alley, shall provide a minimum rear setback of three feet, except when garage doors open directly to an alley, in which case the minimum rear setback shall be ten feet;

b.

Accessory buildings (including above-ground swimming pools extending more than twelve inches above ground level) of seven hundred square feet or less, when located to the rear of a principal structure, shall provide a minimum side setback equal to one-half of that required for the district (but not less than three feet) and a minimum rear setback of at least three feet, except when garage doors open directly to an alley, in which case the minimum rear setback shall be ten feet;

2.

Arbors and trellises;

3.

Awnings, patio covers, or canopies projecting not more than six feet from a building wall over a required setback, and having no supports other than provided by the wall or its integral parts;

4.

Chimneys projecting not more than three feet into the required setback, and not exceeding two percent of the overall setback area provided that a minimum setback of three feet to any property line shall be provided;

5.

Clothes poles or clothes lines in rear setbacks of residential districts;

6.

Within the urban zoning overlay district, covered or enclosed porches, between thirty inches and eight feet in height above grade, in the side and rear setback areas (but not closer than three feet from the property line);

7.

Curbs and sidewalks;

8.

Eaves, gutters or downspouts, projecting into or over required yards not more than twenty-four inches;

9.

In nonresidential districts, elevated pedestrian walkways that cross lot lines or public ways;

10.

Fire escapes or staircases, the riser of which shall be at least fifty percent open, subject to the following conditions:

a.

In residential districts the encroachment may be up to three feet into the required yard as long as a minimum setback of two feet from the property is maintained,

b.

In mixed-use and nonresidential districts, the total area of stairway coverage shall not exceed thirty percent of the area of such required yard;

11.

Flagpoles having only one structural ground member;

12.

Fountains;

13.

Heating, ventilation and air conditioning units (including compressors and condensers) for single-family or two-family dwellings, provided exhaust air is directed vertically or otherwise away from the adjacent property line;

14.

Mailboxes;

15.

Open terraces, including natural plant landscaping;

16.

Open, uncovered stoops, including handicap ramps;

17.

For single family or duplex uses, parking spaces for the handicapped;

18.

Recreational equipment in the rear setback in residential districts;

19.

Sculpture or other similar objects of art;

20.

Signs, subject to the provisions of Chapter 17.32;

21.

Steps to the principal entrance and necessary landings, together with a railing no more than three feet high, and extending no more than six feet into the setback;

22.

Street furniture such as benches, drinking fountains, trash receptacles (not dumpsters), ash trays, light standards or directional signs. Dumpsters may encroach on the required rear setback;

23.

In-ground swimming pools extending twelve inches or less above ground level in side or rear setback areas;

24.

Trees, shrubs, flowers, hedges or other features of natural growth;

25.

Vehicular parking areas and associated driveways, except within landscape buffer yards or within the required street setback of the MUN, MUL, OR20 and OR40 districts;

26.

Screening Walls or Fences. The maximum permitted height measured from finish grade level on the side of the wall or fence with the greatest vertical exposure shall be:

a.

Two and one-half feet in height within ten feet of a street right-of-way. Open fences, such as chain link or those of a similar nature are permitted to be six feet in height. Electric fences are permitted only within the IWD, IR and IG districts and shall be no more than ten feet in height, subject to the provisions of Section 16.04.200,

b.

Six feet in height within the remainder of the required front setback. Electric fences are permitted only within the IWD, IR and IG districts and shall be no more than ten feet in height, subject to the provisions of Section 16.04.200,

c.

Eight feet in height within the required side or rear setback or within any platted common open space. Electric fences are permitted only within the IWD, IR and IG districts and shall be no more than ten feet in height, subject to the provisions of Section 16.04.200;

27.

An uncovered deck that is located at least ten feet from the rear property line, does not encroach on required side setbacks and has a maximum deck elevation no greater than the average finished first floor elevation of the principal building as established by the front entrance;

28.

Wells;

29.

Utility transmission lines and associated structures, such as poles;

30.

Satellite dishes not exceeding eighteen inches in diameter; and,

31.

Yard and service lighting fixtures and poles.

F.

Reserved.

(Ord. BL2017-898 §§ 1—3, 2017; Ord. BL 2009-586 § 1(Exh. A, § 17), 2010; Ord. BL2006-1283 § 3, 2007; Ord. BL2006-1087 § 2, 2006; Ord. BL2005-650 § 1, 2005; Ord. 2002-1015 § 1 (part), 2002; Ord. 2000-364 § 1 (part), 2000; Ord. 98-1268 § 1 (part), 1998; amended during 2-98 supplement; Ord. 96-555 § 3.4, 1997)