§ 4.1.5 — Projections and encroachments into setbacks

Section 4.1.5. - Projections and encroachments into setbacks.

Encroachments into required setbacks. Every part of the required setbacks on a parcel shall be open and unobstructed from 30 inches above the ground, as measured from the average elevation of the crown of road along the property frontage, except as provided below or as shown in Table 4.1.5., below. A. Structures less than 30 inches in height are not considered encroachments into minimum required setbacks. However, heating, ventilation, air conditioning, pool equipment, and generators, regardless of height, shall not be considered encroachments into the minimum required setbacks. B. Bermed earth, plant materials, sidewalks, and driveways are not considered encroachments. C. Encroachments into required setbacks: 1. Cornices, overhangs, decorative awnings with no ground support installed over windows and at entrances, eaves and gutters, balconies, and means of egress may project a maximum of three feet into required setbacks. 2. Awnings requiring pole supports to be placed in a setback area, or those without pole supports which encroach more than three feet into required setbacks, may be approved, in districts other than RE or R1, at the discretion of the Director of Development Services. Such awnings must function as decorative architectural elements as opposed to garage, carport, or other similar storage facilities. 3. All existing air conditioning, pool equipment, and generators may be maintained and replaced provided the new equipment does not encroach into an easement. Except where required in LDC, Section 5.1.13., newly installed air conditioners, generators, and pool equipment along with their respective concrete pads, are exempt from building setback requirements but shall not be placed in any easement. Additional requirements for new generators and heating, ventilation, and air conditioning equipment associated with single-family residential uses appear in LDC, Section 5.1.13. 4. Railings and any elements associated with ADA accessibility may encroach into required setbacks, regardless of height. 5. Awnings, canopies, colonnades, arcades, and balconies may encroach into a required setback, an easement, or a public right-of-way if approved by the City Manager pursuant to the criteria provided in Sections 4.2.15.D.5 and 5.8.9.E. Such encroachments are only allowed in the South Cape Zoning District. 6. Except where allowed under Section 4.1.5.C.5., design elements identified in Table 4.1.5. shall not encroach into any easement (See Article 5, Section 5.1.6.). 7. Additional regulations governing generators in front of a single-family residence or in the front yard of a single-family residence appear in LDC, Section 5.1.13. Table 4.1.5 Maximum Distance Allowed from the Building Envelope for Various Design Elements Design Element | Maximum Distance from the Building Envelope | | | Max Height Design Element | Front Yard | Side Yard | Rear Yard | Max Height Awnings and canopies | 3 ft. | 3 ft. | 3 ft. | Not applicable Balconies | 3 ft. | 3 ft. | 3 ft. | Not applicable Chimneys | Not allowed | 2 ft. | 2 ft. | per Building Code Eaves, gutters, and overhangs | 3 ft. | 3 ft. | 3 ft. | Not applicable Porches | 5 ft. | 3 ft. | 3 ft. | Not applicable Solar Photovoltaic (PV) Arrays, attached to primary structure | Prohibited on the ground; allowed only on the roof of a building. | | | 3 ft. above a peaked roof, 10 ft. above a flat roof Generators and heating, ventilation, and air conditioning equipment | 5 ft. - see Section 5.1.13. | None | None | Not applicable Pool equipment | Not allowed | None | None | Not applicable Stairways | 5 ft. | 3 ft. | 5 ft. | Not applicable Ornamental Walls | 5 ft. | 1.5 | 5 ft. | 30 inches Architectural features not identified in this table | 2 ft. | 2 ft. | 2 ft. | Not applicable In SC and MXB Districts: Awnings, canopies colonnades, arcades, and balconies | See Sections 4.1.5.C.5, 4.2.15.D.5, and 5.8.9.E | | |

(Ord. 32-24, § 1, 6-5-2024; Ord. 29-26, § 1, 6-3-2026)