§ 22.10.140. Setbacks.

This Section determines the minimum size and allowable uses of setbacks for buildings. These standards provide for open areas around structures where needed for visibility, traffic safety and fire safety; access to and around buildings; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation.

A.

Exceptions to setback standards. All proposed development and new land uses shall comply with the minimum setback requirements of this Chapter except the following (see also Subsection H., Projections Into Required Setbacks):

1.

Fences, hedges or walls as allowed by Section 22.10.080.C (Standards for fencing and screening materials).

2.

Decks, terraces, steps, earthworks and other similar landscaping or design elements placed directly on finished grade that do not exceed an average height of 30 inches above the surrounding finished grade, provided that no such wood structure shall extend closer than 36 inches to a property, unless it complies with applicable fire resistive construction requirements of the Uniform Building Code.

3.

Areas where special setbacks have been established through adoption of building line maps (Section 22.01.030.B), tentative or vesting tentative map approval, Conditional Use Permit approval for a cluster or agricultural cluster development, planning area standard, specific plan, or by Article 4 for a specific use, in which cases the special setbacks apply in place of the setbacks of this Chapter.

4.

Areas where an official plan line for road right-of-way has been established, in which case the front or street-side setbacks required by this Title shall be measured from the plan line instead of from the property line that would otherwise be the basis for setback measurement.

B.

Adjustments to setback standards. Within urban and village reserve lines, on sites of one acre or larger, a smaller setback may be granted using the adjustment provided in Section 22.54.020.F. The adjustment shall consider the ultimate division of the property into the minimum parcel size as allowed by Chapter 22.22 for the applicable land use category, or as set by planning area standard.

[Added 1994, Ord. 2696]

C.

Use of setbacks. Required setback areas shall be landscaped when required by Chapter 22.16 (Landscaping Standards), and shall be unobstructed by any building or structure with a height greater than three feet, except where otherwise provided by Subsection E.3, F.1, H., and Section 22.10.080.G, or Chapter 22.20. The use of setbacks for parking is subject to Section 22.18.030 (Location of Parking on a Site).

D.

Front setbacks. The front setback is established parallel or concentric to the front property line. Front setback landscape and fencing standards are in Chapter 22.16, and Section 22.10.080, respectively.

1.

Basic front setback requirement. All structures with a height greater than three feet shall be set back a minimum of 25 feet from the nearest point on the front property line; except where this Section establishes other requirements or where otherwise provided by Chapter 22.20 (Signs) or Section 22.10.080 (Fencing and Screening).

2.

Residential uses. All residential uses except for second-story dwellings over a commercial or office use shall have a minimum front setback of 25 feet, except as follows:

a.

Shallow lots. The front setback shall be a minimum of 20 feet for any legally-created lot with an average depth less than 90 feet.

b.

Sloping lot adjustment. In any case where the elevation of the natural grade on a lot at a point 50 feet from the centerline of the adjacent street right-of-way is seven feet above or below the elevation of the centerline, required parking (including a private garage) may be located, at the discretion of the applicant, as close as five feet to the street property line, in compliance with Section 22.70.030 (Adjustment), provided that portions of the dwelling other than the garage shall be established at the setback otherwise required.

c.

Variable setback block. Where a residential block is partially developed with single-family dwellings having less than the required front setbacks, and no uniform front setback is established by a planning area standard, the front setback may be adjusted (Section 22.70.030) at the option of the applicant, as follows:

(1)

Prerequisites for adjustment. Adjustment may be granted only when 25 percent of the lots on the block with the same frontage are developed, and the entire block is within a single land use category.

(2)

Allowed adjustment. The normally required minimum front setback shall be reduced to the average of the front setbacks of the existing dwellings (which include attached garages but not detached garages), to a minimum of 10 feet.

d.

Planned development or cluster division. Where a new residential land division is proposed as a planned development, condominium or cluster division (Sections 22.22.140 and 22.22.145), front setbacks may be determined through Conditional Use Permit approval, provided that in no case shall setbacks be allowed that are less than the minimum required by the Uniform Building Code or Section 22.22.145, whichever is greater.

e.

Lots with parkways. Where a lot is fronted by a fixed-width parkway between the curb and sidewalk, or meandering sidewalk that varies the parkway separation between the curb and the sidewalk, and where in either case the parkway is landscaped with one or more street tree for each 50 feet of frontage, and turf or low maintenance plants, the front setback may be reduced to a minimum of 15 feet for all portions of the residence except the garage. The garage shall have a minimum front setback of 25 feet.

3.

Commercial and office categories. No front setbacks are required within a central business district; a 10-foot front setback is required in Commercial and Office categories elsewhere. Ground-floor residential uses in Commercial and Office categories are subject to the setback requirements of Subsection D.2

4.

Industrial category. A minimum 25-foot front setback is required except on interior and flag lots, where the front setback shall be the same as that required for side setbacks by Subsection E.

5.

Recreation category. A minimum 10-foot front setback is required, provided that residential uses are subject to the setback requirements of Subsection A.

6.

Double frontage lots.

a.

Selecting the setback location. Where double frontage setback locations are not specified by subdivision requirements or other applicable regulations, the applicant may, except as otherwise provided in this Section, select the front setback street unless 50 percent of the lots on a double frontage block are developed with the same front yard orientation. In that case all remaining lots shall orient their front setbacks with the majority.

b.

Double frontage setback requirements. A full front setback shall be provided adjacent to one frontage, and a setback of one-half the required front setback depth adjacent to the other frontage; except that where the site of a proposed multiple-residence project includes an entire block, the project shall be designed to provide required front setbacks on the two longest street frontages.

7.

Flag lots and easement access. The front setback for a lot with no street frontage other than a fee ownership access strip or an access easement extending from a public street to the buildable area of the lot shall be measured from the point where the access strip or easement meets the bulk of the lot, to establish a building line parallel to the lot line nearest to the public street.

[Added 1982, Ord. 2091; 1986, Ord. 2250; Amended 2013, 3242]

E.

Side setbacks. The side setback is measured at right angles to the side property line to form a setback line parallel to the side property line, which extends between the front and rear setback areas.

1.

General side setback requirements. These requirements apply except where otherwise provided by Subsections E.2 through E.6. See Subsection H. (Projections into Required Setbacks) for additional applicable standards. The required general side setback is measured at the front setback line as follows:

a.

Within urban and village areas: 10 percent of the lot width, to a maximum of five feet on sites less than one acre in net area, but not less than three feet, and a minimum of 30 feet on sites of one acre or larger in net area. For sites of one acre or larger, a smaller setback may be granted using the adjustment provided in Section 22.54.020.F. The adjustment shall consider the ultimate division of the property into the minimum parcel size as allowed by Section 22.04.025 et seq. applicable to the land use category in which the site is located, or as set by planning area standard.

b.

Within rural areas: 10 percent of the lot width to a maximum of 25 feet, but not less than three feet, on sites of less than one acre in net area, and a minimum of 30 feet on sites of one acre or larger in net area. For sites of one acre or larger, a smaller setback may be granted using the adjustment provided in Section 22.54.020.F.

2.

Corner lots. The side setback on the street side of a corner lot within urban and village areas and on sites of less than one acre shall be a minimum of 10 feet, except that:

a.

Central business districts. In a central business district no side setback is required;

b.

Narrow lots. A site having a width of 50 feet or less shall be provided a minimum of a five foot setback.

c.

Adjacent to key lot. A corner lot adjacent to a key lot shall be provided a side setback equal to one-half the depth of the required front setback of the key lot except that:

(1)

Where the corner lot is less than 50 feet in width, the setback shall be a minimum of 10 feet.

(2)

Where an alley is between the corner lot and a key lot, the setback on the street side of the corner lot shall be five feet.

d.

Rural areas and sites of one acre or larger. In rural areas and on sites of one acre or larger in net area, the street side setback shall comply with Subsection E.1.b.

3.

Accessory buildings or structures. A side yard may be used for an accessory building or structure no greater than 12 feet in height, provided that it is not used for human habitation and is either:

a.

Located no closer than three feet to any property line; or

b.

Established on the property line as a common wall structure in compliance with Subsection E.6, or as a zero lot line structure, provided that all applicable Uniform Building Code requirements are satisfied for a property line wall.

In addition, accessory buildings and structures shall satisfy all applicable provisions of Section 22.30.410 (Residential - Accessory Uses).

[Added 1982, Ord. 2091]

4.

Commercial and Industrial land use categories. No side setback is required in the Commercial or Industrial land use categories, except:

a.

As required for corner lots by Subsection E.2; or

b.

Where required by the Uniform Building Code; or

c.

Adjacent to a residential category. When the commercial or industrial site is adjacent to a Residential land use category, in which case the side setback adjacent to the Residential category shall be a minimum of 10 feet, and shall be landscaped as set forth in Chapter 22.16. The minimum setback shall be increased one foot for each three feet of commercial or industrial building height above 12 feet.

5.

Office and Professional category. Side setbacks shall be provided as set forth in Subsection E.4, except within a central business district no side setback is required.

6.

Side setbacks for special development types.

a.

Airspace condominiums. The side setback for a building constructed within a common-ownership parcel on a smaller individually-owned parcel or within airspace, shall be the same as required for interior setbacks by Subsection G. (Interior Setbacks and Open Areas).

b.

Common wall development. Any two dwelling units, and/or their accessory garages, may be constructed on adjoining lots without setbacks between them provided that:

(1)

The setback has been eliminated through subdivision map or Conditional Use Permit approval; and

(2)

A common wall or party wall agreement, deed restriction or other enforceable restriction has been recorded; and

(3)

The side setbacks opposite the common wall property line are not less than two times the minimum width required by this Section.

(4)

Common wall construction is in compliance with the Uniform Building Code.

c.

Zero lot line development. A group of dwelling units on adjoining lots may be established so that all units abut one side property line, provided that:

(1)

The setback has been eliminated for an entire block through subdivision map or Conditional Use Permit approval; and

(2)

The modified setback requirements for the block are recorded as part of a subdivision map, deed restriction, or other enforceable restriction.

(3)

The side setback shall not be eliminated or reduced on the street side of a corner lot.

(4)

Side setbacks opposite the zero setback property line are not less than twice the minimum required by this Section.

F.

Rear Setbacks. The rear setback is measured at right angles to the rear property line to form a setback line parallel to the rear property line. The minimum rear setback is 10 feet on sites of less than one acre in net area and 30 feet on sites of one acre or larger in net area except as follows:

1.

Accessory buildings and structures. A rear setback in a residential category may be used for an accessory building or structure no greater than 12 feet in height, provided the accessory building is not used for human habitation or the keeping of animals, and is located no closer than three feet to a rear property line or alley. See Subsection H. (Projections into Required Setbacks) and Section 22.30.410 (Residential - Accessory Structures) for additional applicable standards.

2.

Commercial and industrial categories. No rear setback is required in Commercial or Industrial land use categories except:

a.

Adjacent to alley. Where the rear property line abuts an alley the rear setback shall be a minimum of five feet; except where the alley provides vehicular access to the interior of the building, 10 feet.

b.

Adjacent to residential use. Where the rear property line abuts a residential category or use, the rear setback shall be a minimum of 15 feet, except:

(1)

Intervening alley. The rear setback shall be five feet where an alley lies between the commercial or industrial site and a residential use.

(2)

Increased building height. The minimum setback shall be increased one foot for each three feet of commercial or industrial building height above 12 feet, with the height in this case measured along a line projected from the building face at the subject setback line.

3.

Office and Professional and Recreation categories. The rear setback shall be a minimum of 10 feet, except:

a.

Central business district. In a central business district, no rear setback is required except as provided in Subsection F.3.b.

b.

Adjacent to alley. Where the rear property line abuts an alley, the rear setback shall be five feet.

c.

Adjacent to residential use. When the rear property line of an Office and Professional or Recreation site abuts a Residential category, the rear setback shall be as specified in Subsection F.2.b.

G.

Interior setbacks and open areas. Detached buildings located on the same site shall be separated as follows:

1.

Accessory buildings. An accessory building shall be located no closer than six feet from any principal building.

2.

Residential buildings. A principal residential building (including a multi-family dwelling) shall not be located closer to another principal building than 10 feet, or one-half the height of the taller of the two buildings, when one or both are more than two stories.

3.

Non-residential buildings. Set by the Uniform Building Code.

H.

Projections into required setbacks. The setback requirements of this Title are modified as follows:

1.

Decks. When constructed higher than 30 inches above the surrounding finish grade, a wood deck may extend into required setbacks as follows (decks less than 30 inches high are exempt from these requirements - see Subsection A.):

a.

Front setback. A deck shall not be located therein.

b.

Side setback. As determined by Sections 1206 and 1710 of the Uniform Building Code.

c.

Rear setback. A deck may occupy up to 30 percent of a required rear setback, but shall extend no closer than three feet to the rear property line.

2.

Fire escapes. A ladder or stairs designed to be used exclusively as an upper floor fire escape may project into a required setback only as provided by Sections 1206, 1710 and 3305(n) of the Uniform Building Code.

3.

Roof and wall features. Cantilevered and projecting architectural features including chimneys, bay windows, balconies, cornices, eaves, rain gutters, signs (where allowed), display windows, and solar collectors may project into a required setback up to one-third the width of the required setback, only as allowed by Sections 504, 1206 and 1710 of the Uniform Building Code, provided that the bottom edge of the projection shall be located either higher than eight feet or lower than four feet above finish grade.

4.

Porches.

a.

Porch defined. Porches are outdoor steps, stairs, and/or a raised platform with open sides, not exceeding 30 inches in height above grade at any point, or no higher than the ground floor of the building, located immediately adjacent to an entry of a building to provide pedestrian access from the outdoor ground elevation to a building interior and not to be used as habitable living space. If the porch is enclosed, it will be considered habitable living space and shall not project into a required setback. Open is defined as being at least 60 percent open to the elements on three sides (no screening or glass). If the platform portion of a porch (not including steps) is higher than 30 inches, it is considered a deck, and shall not project into a required setback.

b.

Allowed projection. Porches may project into required setbacks as follows.

(1)

Front porch. A front porch and/or stairs may project up to six feet into a required front setback.

(2)

Side porch. A porch and/or outside stairway may be located in a required side setback provided the porch does not extend into the side setback more than allowed by Section 1206, 1710 and 3305(n) of the Uniform Building Code.

(3)

Rear porch. A porch in the required rear setback is subject to the same limitations as a deck, in compliance with Subsection H.1.

[Amended 1981, Ord. 2063; 1982, Ord. 2091; 1984, Ord. 2163; 1986, Ord. 2250; 1992, Ord. 2553; 1993, Ord. 2648; 1994, Ord. 2696; 1999, Ord. 2880] [22.04.100 to 116]