9.6745 Setbacks – Intrusions Permitted

(1) Applicability. The intrusions permitted in this section are only applicable to standard front and interior yard setback requirements and do not apply to special setbacks required according to EC 9.6750 Special Setback Standards. Intrusions permitted in special setbacks are addressed in EC 9.6750 Special Setback Standards. Except as restricted to provide solar access according to EC 9.2795 Solar Setback Standards, and except where restricted by easements or other restrictions on title, the intrusions in this section may project into required front and interior yard setbacks to the extent and under the conditions and limitations indicated.

(2) Depressed Areas. In any zone, fences, hedges, guard railings or other landscaping or devices for safety protection around depressed ramps, stairs or retaining walls, may be located in required front and interior yard setbacks, provided that such devices are not more than 42 inches in height.

(a) One Story Structures. Except as provided in subsection (c) of this section, the following building features may project into the required front yard setback no more than 5 feet and into the required interior yard setback no more than 2 feet; provided, that such projections are at least 8 feet from any building on an adjacent lot:

1. Eaves, cornices, belt courses, sills, awnings, buttresses or other similar features.

2. Chimneys, fireplaces, bays, and bay windows, provided they do not exceed 8 feet in width. The maximum frequency of bays or bay windows is one per 15 feet of building façade.

3. Porches, platforms or landings with roofs which do not extend above the level of the first floor of the building.

(b) Multiple Story Structures (2 or more floors). Except as provided in subsection (c) of this section, for multiple-story buildings, portions of buildings that may project into required front yard setbacks no more than 5 feet and into the required interior yard setback no more than 2 feet, provided such projections are at least 8 feet from any building on an adjacent lot, include:

1. Eaves, cornices, belt courses, sills, awnings, buttresses or other similar features.

2. Chimneys and fireplaces, provided they do not exceed 8 feet in width.

3. Porches no greater than 10 feet deep and no higher than 15 feet measured from grade may project into required front yard setbacks.

4. Bays and bay windows no greater than 3 feet deep and 10 feet in width and no higher than 25 feet measured from the exterior base of the bay or bay window to the peak of the bay or bay window may project into required front yard setbacks. The maximum frequency of such bays or bay windows is one per 15 feet of street facing building facade.

5. Bays and bay windows no greater than 8 feet in width and no higher than 25 feet measured from the exterior base of the bay or bay window to the peak of the bay or bay window may project into required interior yard setbacks along a public alley. The maximum frequency of such bays or bay windows is one per 15 feet of alley facing building façade.

6. Balconies no greater than 10 feet deep are permitted to project into required front yard setbacks.

(c) For all multi-unit developments and for all residential developments in R-3 and R-4 zones, portions of buildings that may project into required front yard setbacks no more than 5 feet and into the required interior yard setback no more than 2 feet, provided such projections are at least 8 feet from any building on an adjacent lot, include:

1. Eaves, cornices, belt courses, sills, awnings, buttresses or other similar features.

2. Chimneys and fireplaces, provided they do not exceed 8 feet in width.

3. Porches no less than 7 feet deep, as measured from the leading edge of the structure, and no higher than 15 feet measured from grade may project into required front yard setbacks.

4. Bays and bay windows no greater than 3 feet deep and 10 feet in width and no higher than 25 feet measured from the exterior base of the bay or bay window to the peak of the bay or bay window may project into required front yard setbacks. The maximum frequency of such bays or bay windows is one per 15 feet of street facing building facade. Bays shall not include doors.

5. Bays and bay windows no greater than 8 feet in width and no higher than 25 feet measured from the exterior base of the bay or bay window to the peak of the bay or bay window may project into required interior yard setbacks along a public alley. The maximum frequency of such bays or bay windows is one per 15 feet of alley facing building façade. Bays shall not include doors.

6. Balconies no greater than 10 feet deep are permitted to project into required front yard setbacks.

7. The maximum length of all porches, bays, bay windows, and balconies intruding in the required front yard front setback is limited to no more than 50 percent of the length of the street facing building façade on each floor.

(d) Signs conforming to all other applicable provisions of this code. Freestanding signs 5 feet high or less are allowed in the front yard setback when located at least 5 feet from the front property line.

(4) Fences and Walls. Fences and walls that conform with the standards required by the specific zones beginning at EC 9.2000 may be constructed in required front yard setbacks and interior yard setbacks.

(5) Public Telephone Booths and Public Bus Shelters. Public telephone booths and public bus shelters may be located in required front yard setbacks and interior yard setbacks, provided vision clearance is maintained for vehicles passing on the street and leaving the development site, in accordance with the requirements of EC 9.6780 Vision Clearance Area.

(6) Driveways. Except as provided in EC 9.2751(15)(c)(3). Driveways and Parking Areas in R-3 and R-4, in any zone, driveways or accessways providing ingress and egress to or from parking spaces, parking areas, parking garages, or structured parking shall be permitted, together with any appropriate traffic control devices, in any required setback.

(a) Except as provided in EC 9.2751(15) Driveways and Parking Areas in R-3 and R-4, in areas with a broad zone category of residential, as depicted in Table 9.1030 Zones, parking in required front and interior yard setbacks is permitted with the following restrictions:

1. Parking spaces in required front yard setbacks are permitted in conjunction with a single-unit dwelling, accessory dwelling, or duplex, provided the parking spaces are located on driveways.

2. For lots and parcels with at least 50 feet of frontage, driveways shall cover a maximum of one-half of the area in the required front yard setback. All portions of required front yard setbacks not otherwise covered by legal driveways shall be landscaped and maintained.

3. Within the required front yard setback, recreational vehicles, boats, boat trailers, and other vehicles not in daily use, may only be parked on the paved driveway portion of the required front yard setback. No parking shall occur in the landscaped portion of the required front yard setback. These vehicles not in daily use, are allowed to park in the front setback for not more than 48 consecutive hours.

4. Recreational vehicles, boat trailers, and other vehicles not in daily use, are permitted to be located in the required interior yard setbacks.

(b) In areas with the broad zone category of commercial or employment and industrial, as depicted in Table 9.1030 Zones, except for the C-1, C-2, E-1, and E-2 zones, parking spaces and parking areas are permitted in any required interior yard setback.

(8) Utilities. Structures necessary for the operation and maintenance of public and private utilities may be located in required front setbacks and interior setbacks, provided these structures are screened as per EC 9.6210(6) Full Screen Fence Landscape Standard (L-6) and provided vision clearance is maintained in accordance with the requirements of EC 9.6780 Vision Clearance Area. Exceptions shall be made for such features as transformers, back flow prevention devices and closures, which already have a low visual impact.

(9) Poles. Poles for outdoor lights or government flags shall be permitted in any required setback.