§ 20.75.120. Setback regulations.

A.

Front build-to-line setback requirements.

1.

Applicability. All development on lots with frontage on a main street, major cross street or minor cross street shall conform to the build-to-line and pedestrian zone setback requirements of this subsection.

2.

Purpose. The pedestrian zone consists of a minimum ten-foot sidewalk and a private property building setback. The regulations of this section for the front building setback are intended to promote an active, safe and attractive pedestrian zone.

3.

Pavement. The area between the sidewalk and the build-to-line shall be paved to match the sidewalk.

4.

Encroachments. The front setback area between the sidewalk and the build-to-line shall be kept open, unobstructed, and unoccupied on the surface of the ground, above the surface of the ground and below the surface of the ground by all buildings, structures, fences, ramps, or equipment, except as follows:

a.

Signs, lighting, sills, eaves, belt courses, cornices, canopies, awnings, and other similar architectural features located a minimum of eight feet above grade; and

b.

Walks and driveways for vehicular or pedestrian access to the lot that are at the same elevation as the adjacent public sidewalk; and

c.

Overhead wires necessary for utility service to a building on the lot; and

d.

Underground lines necessary for utility service to the site; and

e.

Utility structures located entirely below grade; and

f.

Planters or planting beds, extending not more than eighteen inches into the setback area and no more than eighteen inches in height above grade; and

g.

Movable tables, chairs, umbrellas, outdoor heaters, and retail displays; and

h.

Moveable partitions or planters to define an outdoor seating area subject to approval of a development permit or permit adjustment; and

i.

Bicycle racks; and

j.

Balconies located at or above the elevation of the third finished floor that project no more than three feet into the airspace above the pedestrian zone setback; and

k.

Residential stoops on a minor cross street frontage that extend into the pedestrian zone setback a distance of no more than two feet.

B.

Requirements for all other setbacks. Except as otherwise expressly and specifically provided in Section 20.75.120A., every part of every setback area shall be kept open, unobstructed, and unoccupied on the surface of the ground, above the surface of the ground, and below the surface of the ground by all buildings or structures except as follows:

1.

Lighting, sills, eaves, belt courses, cornices, canopies, awnings may project horizontally for a distance of not more than two feet into the air space above the surface of the ground in any setback area, and three feet into the air space above the surface of the ground in the front setback area of a residential street frontage; and

2.

On a residential street frontage, balconies may project horizontally for a distance of not more than three feet into the air space above the surface of the ground in the front setback area; and

3.

Unenclosed porches, whether or not they are covered, may extend into the minimum front setback area of a residential street frontage not more than eight feet, provided that such porches cover no more than fifty percent of the setback area. Stairs that are uncovered and unenclosed may extend not more than twelve feet into the minimum setback area;

4.

Overhead wires necessary for utility service to a building on the lot; and

5.

Underground lines necessary for the sewerage, drainage, plumbing, water, gas, and electrical and other utility needs of the lot or of a building on the lot; and

6.

Walks and driveways for vehicular or pedestrian access to the lot provided that no part of any such walk or driveway situate in any setback area which abuts upon a public street shall be more than two feet above or more than one foot below the surface grade of the public street on which such setback area abuts. As used in the preceding sentence "surface grade" shall mean the average grade at top of curb, or if there is no curb then at the centerline, of that linear portion of the public street which abuts such setback area; and

7.

Mechanical equipment, including but not limited to pool equipment and HVAC equipment, may not be placed in a front setback area.

(Ords. 28858, 29011.)