§ 138-3505. Setback measurements, allowances and restrictions.

(a)

Setbacks shall be measured pursuant to the following standards and situations:

(1)

Setbacks shall be measured by the shortest dimension, running from the property line perpendicular to the structure. No land below the shoreline shall be credited as a part of a required yard or setback.

(2)

No portion of an alley shall be considered as a part of a required setback.

(3)

Corner lots and multiple-frontage lots shall be considered to have one front setback from the primary frontage. For setback purposes, the primary frontage shall generally be the frontage designated to bear the address and the principal entrance to the building or the narrower of the two frontages.

a.

Side setback standards shall apply to all other sides of such a lot or parcel; except

b.

A rear setback shall apply to the property line that is opposite of the primary frontage.

c.

In cases where there is a frontage opposite of the primary frontage, a rear setback shall apply to that opposite frontage.

(4)

Where right-of-way lines have been previously established by an action of the board of county commissioners for the purpose of future roads or widening of existing roads, all street setbacks shall be measured from the proposed right-of-way line.

(5)

Wing walls shall conform to the normal setback requirements whenever they exceed the allowable fence height.

(6)

Wherever a side or rear lot line in a commercial or industrial district abuts either a railroad right-of-way, a railroad siding tract, or a railroad easement, the side and rear setback requirements will not apply at the abutting side or rear line. Instead, a zero-foot setback for the construction of buildings will be permitted up to the abutting side or rear property line.

(7)

The portions of a lot that abut an alley shall be considered a rear property line, unless otherwise stated in this Code.

(8)

All decks which exceed one foot above grade shall be considered as structures for the purpose of setback requirements in order to preclude encroachment and violation of privacy onto neighboring properties.

a.

This shall not include docks approved by the water and navigation authority.

b.

Where this situation does not exist, such as lots which abut natural areas or similar areas where there will be no such encroachment or violation of privacy, the county administrator may waive this provision and such deck shall not be considered as a structure for the purpose of meeting setback requirements.

c.

This provision, however, in no way precludes the application of other provisions such as habitat management requirements, easement restrictions or similar provisions regulating the location of such uses.

(b)

Setbacks standards shall include the following encroachments, allowances, and/or limitations:

(1)

Porches and decks are subject to the applicable district front building setback(s); some districts allow for a separate, reduced front setback for porches and decks. This reduced front setback standard is not applicable to carports and other covered parking structures unless approved as part of a development master plan or equivalent.

(2)

Sills, eaves, cornices, chimneys, flues and similar projections may project into a setback area not more than three feet and shall not extend over adjacent property.

(3)

Swimming pools shall have a rear property setback, as measured from the water's edge, of eight feet or the minimum rear setback of the district, whichever is less.

(4)

Screen-only enclosures and outdoor kitchens are permitted a side and rear property setback of five feet or the minimum rear or side setback of the district, whichever is less.

(5)

Swimming pools, as measured from the water's edge, and pool enclosures located on multi-frontage lots are subject to the applicable district side street and rear setbacks, respectively.

(6)

All residential structures, and their accessory structures, on waterfront lots or parcels shall be subject to the following setbacks limitations:

a.

Where no seawall is present, structures shall be set back 25 feet from the mean high water mark in tidal areas or normal high water on lakes;

b.

Where adequate seawalls or riprap stabilization exist, the setback requirement shall be 15 feet from the seawall or riprap stabilization.

c.

Swimming pools and screen-only enclosures may be constructed pursuant to subsections (3), (4) and (5) of this section, provided that, certification from an engineer registered in the state is submitted prior to issuance of a permit, verifying that the proposed structure will not affect the integrity or functioning of the seawall or its deadmen (underground support structures).

(7)

Arbors and pergolas 100 square feet or less in size are not subject to setback standards provided that site visibility standards are addressed through structure placement/design.

(8)

Other setback encroachments may be allowed to nonconforming situations pursuant to chapter 138, article II, division 6.

(9)

Mechanical equipment such as air conditioning units, pool equipment and generators should be placed adjacent to the structure, however a minimum three-foot separation shall be required from the property line.

a.

For noise generating mechanical equipment, this setback encroachment is allowed only when the equipment generates noise that is 60 dB or less.

b.

For equipment that generates between 60.1 dB and 75 dB, the applicable side yard setback shall apply.

c.

Equipment that generates more than 75 dB shall maintain a separation of 25 feet from any neighboring residential structure.

(10)

Outside, unenclosed stairways may extend four feet into any required yard but not closer to any side lot line than a distance of five feet.

(c)

Setbacks standards for sheds apply as follows in residential districts:

(1)

For the purposes of this subsection and standards therein, sheds are described as stand-alone, non-inhabitable structures having 200 square feet or less area AND not having a foundation.

(2)

Two sheds may be permitted as accessory to a residence. This shall not apply to properties in the R-A, R-E and R-R districts or as part of a bona fide agricultural activity.

(3)

Sheds, 12 feet or less in height, are permitted the following setbacks:

a.

Three-foot side and rear setbacks, OR

b.

Zero-foot side and rear setback within a six-foot high opaque fence.

(4)

Sheds over 12 feet tall shall comply with the district setbacks.

(5)

All sheds shall be designed in such a manner so that water runoff from the roof of the structure is not directed onto neighboring properties.

(6)

Sheds shall not be placed in the front yard between the main residence and the abutting street. Applicants may request a waiver to this standard where existing site conditions prevent the shed from being placed in other locations of the property.

(7)

Sheds may be permitted within an exterior side yard with a six-foot high opaque fence.

(d)

Setbacks standards shall not supersede or allow easement encroachment. The following shall apply:

(1)

No portion of any structure shall be located within the area of a recorded public easement unless authorized by the county and/or other easement holder.

(2)

Easement encroachment may not be authorized as a variance.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)