Chapter 16.60
ENCROACHMENTS AND BALCONIES
Sections:
16.60.010 Permitted—Into yards.
16.60.010 Permitted—Into yards.
Unless otherwise provided for a specific zoning district, encroachments permitted into yards are as follows:
|
Encroachment type |
Front yard |
Side yard |
Rear yard |
Notes |
|
|---|---|---|---|---|---|
|
Setback less than 10 feet |
Setback greater than 10 feet |
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|
Architectural features (cornices, eaves, canopies, fireplaces) |
3 feet |
18 inches |
3 feet |
3 feet |
Subject to architectural control, canopies over walkways to multiple dwellings may extend to the property line |
|
Porches, decks, landing places or stairways |
Not to exceed 6 feet |
Within 4 feet of any side lot line |
Not to exceed 6 feet |
Permitted only if open and uncovered |
|
|
Electric equipment enclosures (as defined in Section 16.04.296)1 |
None |
Not to exceed 4 feet into any required side yard setback and provided enclosure shall be a minimum of 3 feet from any side lot line |
Not to exceed 4 feet into any required rear yard setback and provided enclosure shall be a minimum of 3 feet from the rear lot line |
Enclosures proposed for condominium developments (as defined in Section 15.34.010) shall be located entirely within the exclusive use area for the dwelling utilizing the enclosure |
|
1 Unenclosed electric equipment, as defined in Section 16.04.296, and mechanical equipment (e.g. heat pump air compressor and air conditioning units) not exceeding four (4) feet in height may be located between a dwelling and the street, including within the front setback, provided it is screened with adequate landscaping or fencing to the height of the equipment and compliant with Chapter 16.64. Unenclosed equipment located in the side or rear setback must meet the same requirements as electric equipment enclosures.
(Ord. 1102 § 9, 2023).
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.