40.200.070 Exceptions to Setback Requirements
A. Projections Into Required Setbacks. (Also see Sections 40.200.070(A)(7), 40.200.070(A)(8), and 40.320.010(C)(9) for limitations.)
Certain architectural features and structures may project into required setbacks, subject to applicable building and fire codes as follows:
1. Front Setback.
a. Fire escapes, porches, balconies, decks, landing places, or outside stairways over thirty (30) inches in height 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. Porches, decks, landings or stairways not more than thirty (30) inches in height above finished grade are allowed to within eighteen (18) inches of the front property line, provided such features are open-sided and uncovered.
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. Porches, decks, landings or stairways not more than thirty (30) inches in height above finished grade are allowed to within eighteen (18) inches of the rear property line, provided such features are open-sided and 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; and
(3) Fireplaces.
b. Porches, decks, landings or stairways not more than thirty (30) inches in height above finished grade are allowed to within eighteen (18) inches of the side property line, provided such features are open-sided and uncovered.
4. Garden Sheds, Gazebos and Playhouses. One (1) garden shed, or one (1) gazebo or one (1) playhouse meeting all of the following requirements may be located in either 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 two hundred (200) 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 rainwater cisterns in all urban residential districts are allowed reduced setbacks subject to the following:
a. Cisterns six (6) feet in height or less are allowed a setback of three (3) feet to an interior side or rear property line;
b. Other reductions from standard setbacks shall be limited to the height of the cistern. For example, a cistern eight (8) feet high is allowed a setback of no less than eight (8) feet to a rear property line in the R1-20 zone; provided, that the maximum height of any cistern under this provision shall not exceed twelve (12) feet;
c. If the cistern is located within a utility easement, the property owner must obtain a waiver letter from all applicable utilities;
d. Appropriate design and support to ensure the cistern does not affect on-site or off-site foundations, retaining walls, or other structures are required;
e. All other applicable building and plumbing codes shall apply.
6. Aboveground utilities.
7. The allowed projections noted above may not apply to landscape buffers. (See Section 40.320.010(C)(9).)
8. The allowed projections noted above apply to building and development envelopes except when limited by the following:
a. The applicable envelope line reflects a critical area or an easement;
b. The applicable envelope line reflects a landscape buffer, except as allowed by Section 40.320.010(C)(9); and
c. Information on a site plan or plat specifically prohibits such projections.
9. Fences and retaining walls, except as specified in Section 40.320.010(F) may be located in any setback.
(Amended: Ord. 2004-06-11; Ord. 2006-05-01; Ord. 2006-09-13; Ord. 2007-06-05; Ord. 2009-03-02; Ord. 2011-08-08; Ord. 2012-02-03; Ord. 2020-03-01; Ord. 2024-03-01)
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 (1) 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 (1) 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 (1) 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; Ord. 2024-03-01)
Figure 40.200.070-1 – Setback Exceptions
(Amended: Ord. 2007-06-05; Ord. 2010-08-06; Ord. 2024-03-01)