§ 23.04.108. Front Setbacks.

All structures with a height greater than three feet shall be setback 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 Section 23.04.310 (Sign Design Standards) or Section 23.04.190 (Fencing and Screening). The front setback is established parallel or concentric to the front property line. Front setback landscape and fencing standards are in Sections 23.04.180 et seq. and 23.04.190, respectively. [Amended 1992, Ord. 2570; Amended 1993, Ord. 2649]

a.

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

(1)

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

(2)

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, pursuant to Section 23.01.044 (Adjustment), provided that portions of the dwelling other than the garage are to be established at the setback otherwise required.

(3)

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 23.01.044) at the option of the applicant, as follows:

(i)

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

(ii)

Allowed adjustment: The normally required minimum front setback is to 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.

(4)

Planned development or cluster division. Where a new residential land division is proposed as a planned development, condominium or cluster division (Section 23.04.036), front setbacks may be determined through Development Plan approval, provided that in no case shall setbacks be allowed that are less than the minimum required by the Uniform Building Code.

Parkway Setback

(5)

Where a lot is located in an area which incorporates detached sidewalks with fixed parkways between the curb and sidewalk, or meandering sidewalks which vary the separation between the curb and sidewalk, where the parkway between the curb and sidewalk is landscaped and includes one or more street tree per 50 feet of frontage and turf or low maintenance plants, front setbacks may be 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.

b.

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 a of this section.

c.

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 Section 23.04.110d.

d.

Recreation category: A minimum 10-foot front setback is required, provided that residential uses are subject to the set-back requirements of subsection a of this section.

e.

Double frontage lots:

(1)

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% of the lots on a double frontage block are developed with the same front yard orientation. In that case all remaining lots are to orient their front setbacks with the majority.

(2)

Double frontage setback requirements: A full front setback is to 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.

f.

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 is to 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.

[Amended 2004, Ord. 3001]