§ 23.04.110. 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. The minimum side setback is to be as follows, except where otherwise provided by Sections 23.07.172 and 23.07.174 for sites adjacent to streams or wetlands, or by Section 23.04.118 for sites adjacent to the coastline:

a.

General side setback requirements: These requirements apply except where otherwise provided by subsections b through f of this section. See Section 23.04.116 (Projections into Required Setbacks) for additional applicable standards. The required general side setback is measured at the front setback line as follows:

(1)

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 23.05.104f. The adjustment shall consider the ultimate division of the property into the minimum parcel size as allowed by Section 23.04.025 et seq. applicable to the land use category in which the site is located, or as set by planning area standard.

(2)

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 23.05.104f.

b.

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

(1)

In a central business district no side setback is required;

(2)

A site having a width of 50 feet or less is to be provided a minimum of a five foot setback.

(3)

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

(i)

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

(ii)

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

(4)

In rural areas and on sites one acre or larger in net area, Section 23.04.110a(2) shall apply.

c.

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:

(1)

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

(2)

Established on the property line as a common wall structure pursuant to Subsection f, 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 23.08.032 (Residential Accessory Uses).

d.

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

(1)

As required for corner lots by subsection b of this section; or

(2)

Where required by the Uniform Building Code; or

(3)

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 is to be a minimum of 10 feet, and is to be landscaped as set forth in Sections 23.04.180 et seq. The minimum setback is to be increased one foot for each three feet of commercial or industrial building height above 12 feet.

e.

Office and Professional category: Side setbacks are to be provided as set forth in Subsection d of this section, except within a central business district no side setback is required

f.

Side setbacks for special development types:

(1)

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 Section 23.04.114 (Interior Setbacks and Open Areas).

(2)

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

(i)

The setback has been eliminated through Subdivision Map or Development Plan approval; and

(ii)

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

(iii)

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

(iv)

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

(3)

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:

(i)

The setback has been eliminated for an entire block through Subdivision Map or Development Plan approval; and

(ii)

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

(iii)

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

(iv)

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

[Amended 1993, Ord. 2649; 1995, Ord. 2715; 2004, Ord. 3001]