Trees, shrubs, flowers, fences, walls, hedges, and other landscape features may be located within any required setback. In addition, the following table lists features that may be located within any required setbacks, subject to the specific limitations that are delineated:
Feature That May Encroach or Project Into Required Setback | Limitation |
Driveways leading directly to accessory off-street parking and/or loading areas and/or structures and/or pedestrian pick-up/drop-of areas. | No limitations, unless otherwise specified. |
Access roads leading to accessory parking and/or loading areas and/or structures and/or pedestrian pick-up/drop-off areas. | Does not apply to access roads in R1, R2. |
Antennas, including satellite dishes in excess of 36 inches in diameter, amateur licensed radio antennas, and similar personal communication device reception towers and facilities | May project into or encroach upon a required front or side setback area only where prohibition of such devices or facilities would substantially interfere with reception to the extent they are rendered inoperable. |
Awnings, patio covers, and pergolas (attached) |
May not be located less than ten feet from the rear property line and 18 inches from a side property line, measured from the eave, provided, that the roof area does not exceed one-third of the area of the required rear setback. The required setback may be reduced to five feet from the rear property line and 18 inches from a side property line, measured from the eave, provided, that the setback is bounded by a solid masonry fence at least five feet in height. (Detached shade structures and carports are treated as "accessory structures").
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Balconies | May project not more than six feet into a front or rear setback, and three feet into a side setback. |
Bay windows | May project not more than 2.5 feet into a required setback. |
Carports (attached) | May not be located less than three feet from a side property line, and may not be located in required front setback. In addition, carports shall be designed so as to prevent runoff onto adjacent properties. (See also Section 50-16-151.) |
Chimneys, fireplaces, pilasters, smokestacks, and window air conditioners not exceeding six square feet in area | May project or encroach not more than 16 inches into a required side setback. |
Clothesline posts | No limitations in side or rear setbacks. May not be located in required front setback. |
Cornices, eaves, mechanical equipment, and ornamental features | May project not more than 14 inches into any required side setback. |
Curbs, and sidewalks | No limitations. |
Fences | See Section 50-14-381. |
Fire escapes, stairways, and balconies which are open and unenclosed, and marquees | May project not more than five feet into a required setback. |
Flagpoles | No limitations. |
Garages and other accessory structures (attached or unattached) | May encroach into the rear setback up to the lot line where an alley provides vehicle access to the property. Where there is no alley, garages and other accessory structures may not be located less than three feet from the rear lot line except for the reconstruction of damaged accessory structures on an existing foundation. Unattached garages and other accessory structures may not be located less than three feet from a side property line except for the reconstruction of damaged accessory structures on an existing foundation, and may not be located in required front setback. Attached garages shall be subject to the setback provisions for the dwellings to which they are attached. In addition, garages and other accessory structures shall be designed so as to prevent runoff onto adjacent properties. |
Parking and driveways | Operable private passenger vehicles may be parked on the driveway in only one side setback and the continuation of that side setback into the front setback to the property line. The area shall be maintained in a dust-free condition at all times. No mechanical maintenance or vehicular repairs shall be conducted in this area. (See additional regulations in Article XIV, Division 1, Subdivision K.) |
Porches (enclosed) | May project not more than eight feet into required front and rear setbacks, subject to applicable sections of Chapter 8, Article II, of this Code, Building Code , that pertain to such existing porches. (See additional regulations in Section 50-13-226(2)) |
Porches (unenclosed) and decks | May project not more than eight feet into a required front or rear setback. No unenclosed porch shall be constructed within any required side setback. |
Ramps for persons with disabilities | Subject to applicable sections of Chapter 8, Article II, of this Code, Building Code. (See also Section 50-13-226(3)) |
Signs | Regulated in accordance with Chapter 4 of this Code. |
Yard and service lighting fixtures, poles | May not be located less than three feet from any lot line. |
(1) Fences. See Section 50-14-381 of this Code.
(2) Porches (enclosed). Front and rear porches may project not more than eight feet into required front and rear setbacks subject to applicable sections of Chapter 8, Article II, of this Code, Building Code, that pertain to such existing porches:
a. Such structures are subject to the approval of the Buildings, Safety Engineering, and Environmental Department after receipt of a report and recommendation from the Planning and Development Department. Such report and recommendation shall be submitted within 15 working days of the receipt of the requires from the Buildings, Safety Engineering, and Environmental Department, after which time the Buildings, Safety Engineering, and Environmental Department may proceed with or without said report and recommendation. The Planning and Development Department may recommend changes and or special conditions to the proposed structures, and recommend approval of the proposed structure as adjusted. The Planning and Development Department shall review and determine the following:
1. That the proposed structure is compatible with the existing structure and surrounding area; and
2. That the proposed structure does not alter or damage significant architectural elements of the existing residential structure.
b. Such structure shall be erected and maintained in accordance with the following criteria (Note: Front and rear porches that do not project into a required setback are not subject to the following criteria.):
1. The structure shall be enclosed with screen panels or windows, or a combination thereof. The structure may be enclosed with kickplates not exceeding 42 inches in height above the floor of the porch. Existing opaque materials, not exceeding 42 inches in height above the floor of the existing porch, shall be permitted;
2. The structure shall not be enclosed in any way by opaque materials, with the exception of railings, kickplates, or existing opaque material, none of which may exceed 42 inches in height above the floor of the existing porch;
3. The exterior of the entire structure shall be maintained in a color consistent with the existing residential structure or with the surrounding residential neighborhood; and
4. The structure shall not be weather insulated, nor have any heating system installed which makes such structure habitable year round, or usable as a general living area.
(3) Ramps. Ramps for persons with disabilities subject to applicable provisions of the Chapter 8, Article IL of this Code, Building Code, are permitted in rear setbacks and may project into required front and side setbacks by right. In no instance shall any part of such ramps be located nearer than two feet to any property line. Such structures shall be erected and maintained in accordance with the following criteria:
a. Ramps for persons with disabilities that project into the required front or side setbacks and are constructed of material other than masonry or concrete or pressure-treated wood or pre-treated synthetics, shall be painted or treated to match the color of the exterior trim or siding of the principal building or painted to blend with the exterior landscaping of the lot;
b. Open areas underneath ramps for persons with disabilities shall be screened from view by appropriate shrubbery or raised flower beds or raised berm areas, or their equivalent;
c. In addition to handrails or guardrails as required by Chapter 8, Article II, of this Code, Building Code, ramps for persons with disabilities shall be provided with a top rail that covers the exposed tops of the support posts or piers.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).