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40.200.070 Exceptions to Setback Requirements
A. Projections into Required Setbacks. (See also Section 40.320.010(C)(9).)
Certain architectural features and structures may project into required setbacks as follows:
1. Front Setback.
a. Fire escapes, porches, balconies, decks, landing places, or outside stairways may project not more than six (6) feet into the required front setback, provided such features are open-sided and are uncovered.
b. Projections including bay windows, overhanging breakfast nooks, cornices, canopies, eaves, belt courses, sills or other similar architectural features and fireplaces may extend up to two (2) feet into the required setback.
c. Open porches or stoops not exceeding eighteen (18) inches in height are allowed to within eighteen (18) inches of the front property line.
2. Rear Setback.
a. Projections such as bay windows and overhanging breakfast nooks may extend up to two (2) feet into the required setback, provided such features are limited to ten (10) horizontal feet per projection and limited to thirty percent (30%) of the linear dimension of the rear building elevation.
b. Cornices, canopies, eaves, belt courses, sills or other similar architectural features and fireplaces may extend up to two (2) feet into the required setback.
c. Open porches or stoops not exceeding eighteen (18) inches in height are allowed to within eighteen (18) inches of the rear property line.
d. Porches, decks, landings or stairways over eighteen (18) inches, but not more than thirty (30) inches in height above finished grade may extend up to two (2) feet into the required setback, provided such features are open-sided and are uncovered.
3. Side Setback.
a. The following features and structures may project into the required side setback not more than two (2) feet; provided, that no portion of the structure may be less than three (3) feet to the property line:
(1) In the R1-5 and R1-6 zones only, projections such as bay windows and overhanging breakfast nooks may extend up to two (2) feet into the required setback, provided such features are limited to ten (10) horizontal feet per projection and limited to thirty percent (30%) of the linear dimension of the side building elevation;
(2) Cornices, canopies, eaves, belt courses, sills or other similar architectural features;
(3) Fireplaces; and
(4) Porches, decks, landings or stairways over eighteen (18) inches, but not more than thirty (30) inches in height above finished grade, provided such features are open-sided and are uncovered.
b. Open porches or stoops not exceeding eighteen (18) inches in height are allowed to within eighteen (18) inches of the side property line.
4. Garden Sheds, Gazebos or Play Houses. A garden shed, gazebo and/or play house meeting all of the following requirements may be located in the side or rear setback of single-family residential districts (R1-5, R1-6, R1-7.5, R1-10 and R1-20):
a. The structure contains no more than one hundred twenty (120) square feet of floor area, with overhangs that do not exceed sixteen (16) inches;
b. The structure is set back from property lines a minimum of two (2) feet;
c. The floor elevation is eighteen (18) inches or less in height;
d. The structure is less than twelve (12) feet in height;
e. Roof drainage is contained on site; and
f. No utilities are connected to the structure.
g. If the structure is located within a utility easement, the property owner must obtain a waiver letter from all applicable utilities.
5. Aboveground utilities.
6. The above exceptions do not apply to development envelopes or landscape buffers. (See Section 40.320.010(C)(9) and Chapter 40.450.)
(Amended: Ord. 2004-06-11; Ord. 2006-05-01; Ord. 2006-09-13; Ord. 2007-06-05)
B. Exceptions to Front Setback Requirements.
1. If there are dwellings on both abutting lots with front setbacks less than the required depth for the district, the front setback for the lot need not exceed the average front setback of the abutting dwellings.
2. If there is a dwelling on one (1) abutting lot with a front setback less than the required depth for the district, the front setback need not exceed a depth of halfway between the depth of the front setback on the abutting lot and the required front setback depth.
3. In residential zoning districts, where a temporary turnaround easement constitutes all or part of the front lot line, front setbacks shall be a minimum of ten (10) feet from the temporary easement for the dwelling and fifteen (15) feet for the associated garage. Front setbacks from access and right-of-way easements intended to be permanent shall continue to be as stipulated by the applicable zoning district standard.
4. Setbacks from both streets on through lots shall be considered front setbacks. However, if one of the streets has restricted access, the setback from the restricted access street shall be considered a rear setback. Access is considered restricted to a street if any of the conditions below exist:
a. A plat contains a note prohibiting access to one of the abutting streets;
b. The road is clearly determined to be a restricted access road, such as but not limited to I-5, I-205, SR-14, SR-500, and Padden Expressway;
c. A covenant permanently restricting access to one of the abutting streets (with the county being a party to the recorded document) is recorded individually for a through lot; or
d. Topographic constraints exist that prohibit access to the rear street based upon the responsible official’s judgment.
(Amended: Ord. 2007-06-05; Ord. 2008-06-02)
C. Building setback lines which do not meet the requirements of this title but which were legally established prior to June 11, 1980, shall be considered the building line for alterations, remodels, and accessory structures on the lot or parcel, providing that no structure or portion of such addition may further project beyond the established building line.
D. For the purpose of establishing setbacks from the property lines, any residential lot of record as defined in Section 40.100.070 in the Rural (R-5, R-10 and R-20), Resource (FR-80, FR-40, AG-20 and AG-WL), Urban Reserve (UR-10 and UR-20) and Urban Holding (UH-10, UH-20, UH-40) districts, which has a smaller width, lot depth and/or lot area than that required by this title, may use that residential zoning classification which most closely corresponds to the dimension or dimensions of the lot of record, for the purpose of establishing setbacks from the property lines.
(Amended: Ord. 2004-06-11; Ord. 2005-05-20; Ord. 2006-05-01)
Table 40.200.070-1 – Setback Exceptions
(Amended: Ord. 2007-06-05)
