Chapter 16.60
ENCROACHMENTS AND BALCONIES

Sections:

16.60.010    Permitted—Into yards.

16.60.020    Balconies.

16.60.010 Permitted — Into yards.

Unless otherwise provided for a specific zoning district, architectural features on the main building, such as cornices, eaves, canopies and fireplaces may not extend more than three feet (3’) into any required yard where the setback is ten feet (10’) or greater, and not more than eighteen inches (18") where the setback is less than ten feet (10’); provided, however, that subject to architectural control, canopies over walkways to multiple dwellings may extend to the property line. Porches, decks, landing places or stairways, if open and uncovered, may project to within four feet (4’) of any side lot line, and not exceeding six feet (6’) into any required rear yard or front yard. (Ord. 948 § 5, 2006: Ord. 791 § 2 (B), 1989; Prior code § 30.510).

16.60.020 Balconies.

A balcony is a platform which projects more than eighteen inches (18") from the wall of a building and which is required by law to be surrounded by a railing. In the single family residential districts, balconies and/or decks above the first floor shall be located twenty (20) feet or more from the side property lines and thirty (30) feet or more from the rear property line.

In residential districts other than single family, balconies and/or decks above the first floor may be located at the building setback line, except when abutting a single family residential district where balconies and/or decks above the first floor on any side directly abutting a single family district shall be located twenty (20) feet or more from the side property lines and thirty (30) feet or more from the rear property line; notwithstanding, subject to obtaining a use permit, balconies and/or decks may be located at the building setback lines.

In the commercial and/or industrial districts balconies and/or decks above the first floor may be located at the building setback line, except when abutting a single family residential district where balconies and/or decks above the first floor on any side directly abutting a single family district shall be located twenty (20) feet or more from the side property lines and thirty (30) feet or more from the rear property line; notwithstanding, subject to obtaining a use permit, balconies and/or decks may be located at the building setback lines. (Ord. 858 § 2, 1994: Ord. 822 § 4, 1991: Ord. 791 § 2 (c), 1989).

SUPPLEMENTAL ILLUSTRATIONS FOR SECTION 16.60.020

CASE 1. Case 1 delineates the applicability of Ordinance No. 858 in the single family residential districts, where balconies or decks are not allowed closer than 20 feet from the side property lines and 30 feet from the rear property line.

CASE 2. Case 2 applies to a condition where multiple residential property abuts single family residential zoning on one side, multiple residential zoning on the opposite side and single family residential zoning at the rear of the property. Under this condition, per Ordinance No. 858, balconies or decks are not allowed closer than 20 feet from the side property lines and 30 feet from the rear property lines on the sides abutting the single family residential districts. On the side abutting the multiple residential zoning district, balconies and decks are allowed to be placed at the building setback line.

CASE 3. Case 3 depicts property surrounded by multiple residential zoning. Under these conditions, Ordinance No. 858 allows balconies and decks to be placed at the building setback line.

CASE 4. Case 4 describes the conditions where commercial and/or industrial property abuts single family residential on one side, commercial and/or industrial on the opposite and single family residential zoning at the rear of the property. Under these conditions, per Ordinance No. 858, balconies or decks are not allowed closer than 20 feet from the side property lines and 30 feet from the rear property line on the side abutting the single family residential district. Along the side where the property abuts either commercial or industrial zoning, balconies and/or decks are allowed to be placed at the building setback line.

CASE 5. Case 5 illustrates a condition where property is surrounded by multiple residential, commercial or industrial zoning. Under these conditions, Ordinance No. 858 allows balconies and/or decks to be placed at the building setback line.

CASE 6. Case 6 illustrates conditions where property could be surrounded by any type of zoning. Under these conditions, per Ordinance No. 858, balconies and/or decks may be allowed to be placed at the building setback line provided a use permit is obtained from the Planning Commission. Under these conditions, the Planning Commission has the discretion of whether or not to allow the placement of decks at the building setback line.