Chapter 18.120
YARD, BUILDING SETBACK, AND OPEN SPACE EXCEPTIONS

Sections:

18.120.010    Setback exceptions.

18.120.010 Setback exceptions.

The following requirements provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth except in Division II of this title:

(1) No yard, open space, or lot area required for a building or structure shall, during its life, be occupied by any other building or structure except:

(a) Awnings and canopies, as provided for in the building code and SCC 12.05.110.

(b) Bay windows and chimneys, not to exceed two feet.

(c) Driveways, curbs, sidewalks, steps, and ramps.

(d) Fences, walls, and hedges, subject to the regulations as set forth in this chapter.

(e) Garbage disposal equipment, nonpermanent.

(f) Landscape features, planting boxes, and recreational equipment.

(g) Overhanging roof, eave, gutter, cornice, or other architectural feature, not to exceed three feet. Open fire escapes may extend into any required yard not more than six feet.

(h) Parking space subject to the regulations set forth in Chapter 18.125 SCC.

(i) Signs, subject to the regulations set forth in Chapter 18.140 SCC.

(j) Decks and porches (nonenclosed) not to exceed six feet.

(k) Trees, shrubs, flowers, and other plants subject to the vision requirements in this chapter.

(l) Accessory buildings or structures in a front yard when the accessory building or structure is located at least 400 feet from the public right-of-way.

(m) Mechanical equipment and generators when installed and used as an accessory use and related to the function of the principal use.

(2) On any corner lot where a front and side yard is required, no wall, fence, sign, structure, or any plant growth which obstructs sight lines at elevations between two and one-half feet and 10 feet above the crown of the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 15 feet along the front and side lot lines and connecting the points so established to form a right triangle on the area of the lot adjacent to the street intersections.

(3) The following regulations shall apply to fences and walls in residential districts, or in any other district when constructed, placed, and/or used for residential purposes:

(a) The height of a fence or wall shall be measured from the elevation at the base of the fence or wall, on the side away from the principal structure, vertically to the highest point of the fence or wall. In the case of fences on top of retaining walls or immediately adjacent to retaining walls, the height of the fence shall be measured from the top of the wall.

Posts or decorative trim caps may extend an additional six inches above the maximum height allowed for the fence.

In cases where topography creates conditions that hinder the ability to maintain a consistent fence height, the zoning administrator may have the discretion to approve minor increases in height in order to maintain a consistent horizontal line along the top edge of the fence.

(b) In any required front yard, except as provided in subsection (2), (3)(d), or (3)(e) of this section, no fence or wall shall be permitted above the height of four feet, except as to retaining walls on lots with a grade in excess of 15 percent.

(i) Exceptions for nonresidential uses permitted on review in residential districts:

(A) In any required front yard, except as provided in subsection (2), (3)(d), or (3)(e) of this section, no fence or wall shall be permitted above the height of six feet, except as to retaining walls on lots with a grade in excess of 15 percent.

(B) Fences exceeding four feet in height shall not be permitted adjacent to vehicular entrance to or exit from the public right-of-way within a triangle formed by measuring from the point of intersection of the edge of the entrance/exit and the front lot lines a distance of 15 feet along the front line and 15 feet along the edge of the entrance or exit and connecting the points so established to form a right triangle on the area of the lot adjacent to the entrance or exit.

(c) In any required side or rear yard, no fence or wall shall be permitted above the height of eight feet.

(d) Only for the purposes of this section, on any lot having frontage on more than one street, the orientation of the front or main door of the principal structure, as determined by the address assigned by the city, shall establish a primary front yard and all other front yards shall be considered secondary front yards. In secondary front yard(s), no fence or wall shall be permitted above the height of four feet unless the fence or wall is set back at least half the required front setback for the lot.

(e) On any through lot, as to any secondary front yard(s), as established in subsection (3)(d) of this section, no fence or wall shall be permitted above the height of four feet unless the fence or wall is set back the full front setback required for the lot, or the average setback established by the adjacent existing dwellings or structures in the block, whichever is greater.

(4) The following provisions also apply to certain conditions with respect to the use of lots and access points:

(a) If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have effectively established an average setback line which is less than the specified setback for that district, then no building on that side of the street shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. Only front yards that are front facing based on the orientation of the principal structure, and the address assigned by the city, shall be a factor in these calculations.

(b) Lots having frontage on more than one street shall provide the required front yards along those streets. On a corner lot in a residential district (R-1, R-2, R-3, R-4 and P-1), the front yard shall be designated by the orientation of the front or main door of the principal structure, as determined by the address assigned by the city, unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the front yard. The other yard abutting a street shall be a side yard and shall not be less than one-half of the front yard setback of the underlying district for single-family dwellings and accessory buildings, unless the lot meets the small lot exception granted under subsection (4)(d) of this section. Terraces and porches shall not encroach into this side yard setback notwithstanding the exceptions in subsection (1) of this section.

(c) Division of a Lot. No recorded lot shall be divided into two or more lots unless such division results in the creation of lots, each of which conforms to all of the applicable regulations of the district in which the property is located. No reduction in the size of a recorded lot below the minimum requirements of this title shall be permitted, except as prescribed below:

(i) On lots containing more than one single-family dwelling, existing on or before November 11, 2021, and located within the H-1, historic preservation, district in cases where more than half of existing lots with frontage on the same side of an existing and public street accepted by city council between two intersecting streets have a width or overall lot area which is less than that required in the regulations of the respective district, a lot may be divided into two or more new lots when the new lots will be equal to or greater than the width and the lot area of at least half of the other lots existing on the same side of the intersecting streets at the time the subdivision is proposed. In no case shall a lot be created which is less than 40 feet in width and 70 feet in depth. Width shall be measured at the front building line. The provisions of maximum lot length set forth in SCC 18.20.040(4)(b), 18.25.040(4)(b), and 18.30.040(4)(c) shall not apply to the newly created lots. The minimum required setbacks for the newly created lots shall conform to subsection (4)(d) of this section, Dwellings on Small and/or Narrow Lots. The result of the approved and recorded plat must be that each single-family dwelling be located wholly on its own individual lot.

(d) Dwellings on Small and/or Narrow Lots. Where there are existing recorded lots which do not meet the minimum lot area and/or width requirements, single-family dwellings may be constructed provided the building front yard setback is 15 feet or the average setback established by dwellings or structures existing at the start of construction, and as long as a side yard shall be not less than four feet and the sum of the side yards shall be not less than 10 feet and as long as all other requirements, except lot size and lot width, are met.

(e) Principal Uses Without Buildings. Where a permitted use of land involves no structures, such use, excluding agricultural uses, shall nonetheless comply with all yards and minimum lot area requirements applicable to the district in which located, as well as obtain any other license or permit applicable to that particular use.

(f) No dwelling shall be erected on a lot which does not abut on at least one street for at least 30 feet. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress.

The following shall provide an exception to the requirement for 30 feet of street frontage:

(i) Where there is an existing undeveloped street or undeveloped portion of a street, and where all the lots intended to utilize the undeveloped street or undeveloped portion of a street for sole or primary access are under the same ownership, the undeveloped street may be utilized as primary access for construction of one single-family dwelling under the following conditions:

(A) The portion of undeveloped street used for access must be of a sealed surface construction in compliance with SCC 18.125.020;

(B) The undeveloped street may be used by other lots as secondary access but shall only serve as primary access to one single-family dwelling;

(C) Where the undeveloped street serves as sole and primary access to more than one lot, the lots shall be combined into one lot for the purpose of constructing one single-family dwelling using the undeveloped street as sole and primary access. All provisions of SCC Title 17, Subdivisions, shall apply when combining the lots;

(D) The undeveloped street must have a direct connection to a developed public street without using or crossing any other undeveloped streets.

(g) For any existing lot zoned residential which was displayed on a recorded subdivision plat without the required 30 feet of street frontage required in subsection (f) of this section, one single-family dwelling may be approved pursuant to the following conditions:

(i) In cases where frontage on a public street is less than 10 feet:

(A) The applicant must show evidence of the existence of an easement to the lot for ingress and egress from a public street.

(B) The easement shall be a minimum of 10 feet in width.

(C) Undeveloped streets, or undeveloped portions of streets, may not be used for access to the lot. Access must come from a street accepted by the city council pursuant to SCC 12.05.030.

(D) The lot must have been originally platted prior to annexation from Augusta County or have been platted in the city of Staunton prior to November 1, 1969, regardless of subsequent revisions.

(ii) In cases where the frontage on a public street is less than 30 feet but more than 10 feet, the lot may obtain approval for one single-family dwelling without an easement.

(iii) An easement found in compliance with this subsection may only be utilized by one single-family dwelling to meet the street frontage requirements of this section.

(h) An attached or detached private garage which faces on a street shall not be located closer than 25 feet to the street right-of-way line.

(i) The following shall provide an exception to the minimum front setback requirement for attached private garages:

Notwithstanding any other provision set forth in this title, any attached private garage on any lot which includes a single-family dwelling that is nonconforming to the minimum required front setback for the zoning district, which faces on a street, shall not be located closer than 18 feet to the rear edge of the public sidewalk on the street right-of-way line that the garage door opening faces, regardless of the orientation of the main dwelling. In cases where a public sidewalk does not exist, an attached private garage shall not be located closer than 23 feet to the nearest edge of the city maintained public street pavement that the garage door opening faces, regardless of the orientation of the main dwelling.

(i) Accessory buildings shall not be located in any required front yard with the exception of through lots in residential districts. On a lot in a residential district (R-1, R-2, R-3, R-4 and P-1) with frontage on two parallel streets, the front yard shall be designated by the orientation of the front or main door of the principal structure, as determined by the address assigned by the city unless the front yard is designated otherwise on the recorded plat. The yard abutting the other, parallel street shall be considered the secondary front yard, and an accessory building thereon is permitted solely for a single-family use that satisfies the front yard setback requirements of such district. (Ord. 2024-19; Ord. 2023-17; Ord. 2023-10; Ord. 2023-05; Ord. 2023-02; Ord. 2022-22; Ord. 2021-36; Ord. 2021-32; Ord. 2021-02; Ord. 2019-09; Ord. 2011-07; Ord. 2009-22; Ord. 2009-20; Ord. 2004-06. Zoning ordinance Art. 5, § 4).