§ 23.04.116. Projections Into Required Setbacks.

The setback requirements of this title are modified as follows, except for sites subject to the blufftop setback requirements of Section 23.04.118, where none of the following exceptions shall be allowed:

a.

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 Section 23.04.104):

(1)

Front setback: A deck is not to be located therein.

(2)

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

(3)

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

b.

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.

c.

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 is to be located either higher than eight feet or lower than four feet above finish grade.

d.

Porches: Porches are defined as covered 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 for the purpose of providing 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% open to the elements on three sides (no screening or glass).

Porches may project into required setbacks as provided by this subsection. If the platform portion of a porch is higher than 30 inches, it is considered a deck, and shall not project into a required setback.

(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, pursuant to Subsection a(3) of this section.

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