Setbacks in City of Fayetteville Is Fireplace Considered in Set Backs

13.30.110 - Setback regulations and exceptions.

A.��� Purpose. This section provides standards for the use and minimum size of setbacks. These standards provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation.

B.���� Setback Requirements.

1.���� Minimum Setbacks for All Structures. Each structure shall comply with the setback requirements of the applicable zoning district, and with any setbacks established for specific uses by Division 4, except as otherwise provided by this section. No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line; or into an access easement or street right-of-way.

2.���� Infill Development Within Previously Approved Projects. Where the town has established specific setbacks for individual vacant parcels through the approval of a specific plan, subdivision map, or other entitlement, those setbacks shall apply to continuing development within the approved project instead of the setbacks required by this title.

3.���� Exemptions from Setback Requirements. The minimum setback requirements of this title apply to all development and new land uses, except the following:

a.���� A projection into a required setback allowed by subsection E;

b.���� A fence or wall six feet or less in height above the grade of the site, when located outside of a front or street side setback;

c.���� Decks, earthworks, free-standing solar devices, steps, terraces, and other site design elements that are placed directly upon grade and do not exceed a height of eighteen inches above the surrounding grade at any point;

d.���� A sign in compliance with Chapter 13.38;

e.���� A water well, related equipment and structures not exceeding a height of forty-eight inches above grade;

f.����� A retaining wall less than thirty inches in height above finish grade. Embankments to be retained that are over forty-eight inches in height shall be benched so that no individual retaining wall exceeds a height of thirty-six inches, and each bench is a minimum width of thirty-six inches.

C.���� Measurement of Setbacks. Setbacks shall be measured as follows, except that the director may require different setback measurement methods where he or she determines that unusual parcel configuration makes the following infeasible or ineffective. For a street with a planting strip between curb and sidewalk, the setback shall be measured from the back of the sidewalk. See Figure 3-4.

1.���� Front Yard Setbacks. The front yard setback shall be measured at right angles from the nearest point on the front property line of the parcel (or edge of access easement on a private street) to the nearest point of the wall of the structure, except as follows. The front property line is the most narrow dimension of a lot adjacent to a street.

a.���� Developed Residential Blocks. In any full block with a street frontage of three hundred feet or more and six hundred feet or less in an RS, RM, or RH zoning district, where fifty percent or more of the parcels along the block face have been improved with structures, the required front setback for a new structure shall be the greater of the following:

i.����� The minimum front setback required for the applicable zoning district; or

ii.���� The average of the actual front setbacks of the existing structures along the same block face.

b.���� Averaging. In a residential zoning district, where fifty percent or more of the parcels in any one block, exclusive of the frontage adjoining the side of a corner parcel, has been improved with structures at the time of adoption of this title, and the front yards of the parcels vary in depth up to six feet, the required front yard depth for the applicable zoning district shall not apply, but rather, the required front setback block shall be not less than the average depth of the front yards of the parcels with existing structures. No structure shall be placed closer to a street line than any applicable official plan line, which may have been established for the street, or than any future width line designated in compliance with this title.

c.���� Flag Lots. For a parcel with a fee ownership strip extending from a street or right-of-way to the building area of the parcel, the front setback shall be measured from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel; establishing a building line parallel to the lot line nearest to the public street or right-of-way.

d.���� Corner Lots. The measurement shall be taken from the nearest point of the wall of the structure to the nearest point of the most narrow street frontage property line. If the property lines on both street frontages are of the same length, the property line to be used for front yard setback measurement shall be determined by the director.

2.���� Side Yard Setbacks. The side yard setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear yards.

3.���� Street Side Yard Setbacks. The side yard on the street side of a corner parcel shall be measured from the nearest point on the side property line bounding the street, or the edge of an easement for a private road, or the inside edge of the sidewalk, whichever results in the greatest setback from the roadway.

4.���� Rear Yard Setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line to the nearest line of the structure, establishing a setback line parallel to the rear property line.

a.���� The director shall determine the location of the required rear yard setback on a double-frontage parcel.

b.���� Where a parcel has no rear lot line because its side lot lines converge to a point, an assumed line five feet long within the parcel, parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard.

Figure 3-4 - Location and Measurement
of Setbacks

D.��� Limitations on Uses of Setbacks.

1.���� Structures. Required setback areas shall not be occupied by structures other than:

a.���� The fences and walls permitted by Section 13.30.040; and

b.���� The projections into setbacks allowed by subsection F.

2.���� Storage. No front or street side setback shall be used for the accumulation, placement or storage of automobiles or other motor vehicles, building materials, scrap, junk or machinery except for the following:

a.���� Automobiles or other motor vehicles regularly in use, that are parked within a designated off-street parking area; and

b.���� Building materials required for construction on the parcel, immediately before and during a construction project which has a valid building permit in force.

3.���� Parking. Required residential parking spaces shall not be located within required setback areas. Temporary (overnight) parking is allowable within required setback areas only on paved driveways, in compliance with Section 13.36.070.

4.���� Storage of Habitable Trailer Prohibited. No habitable trailer shall be stored or parked within any required street setback area in any nonresidential zoning district except where limited display areas are authorized through minor use permit approval (Section 13.62.050).

5.���� Mechanical Equipment. See Section 13.30.060.

E.���� Allowed Projections into Setbacks. Architectural features attached to the primary structure may extend beyond the wall of the structure and into the front, side and rear yard setbacks, in compliance with Table 3-3. See also Figure 3-5.

TABLE 3-3 - ALLOWED PROJECTIONS INTO SETBACKS

Projecting Feature	Allowed Projection into Specified Setback
	Front Setback	Side Setback	Rear Setback
Balcony, deck, landing, porch, stairway: Uncovered, unenclosed, and less than 30 in. above grade	May project to property line
Balcony, deck, landing, porch, stairway: Uncovered and unenclosed, 30 in or more above grade	5 ft	36 in. (1)	5 ft (1)
Balcony, deck, landing, porch, stairway: Which may be roofed but is otherwise unenclosed	25% of setback to a maximum of 5 ft in downtown, not allowed elsewhere	20% of side setback in downtown, not allowed elsewhere	20% of setback in downtown, not allowed elsewhere
Balcony, deck, landing, porch stairway: Covered and enclosed	Not allowed in setback
Bay windows, and similar projecting features	36 in.	20% of setback (1)	36 in.
Chimney/fireplace, 6 ft. or less in breadth	24 in. (1)	24 in. (1)	24 in. (1)
Cornice, eave, awning, roof overhang	5 ft	30 in. (1)	5 ft (1)

������ Notes:

������ (1)��� Feature may project no closer than 36 inches to any side property line.

Figure 3-5 - Examples of Allowed Projections into Side Setbacks

G.��� Setback Requirements for Specific Structures:

1.���� Accessory Structures. See Section 13.42.260.

2.���� Fences. See Section 13.30.040.

3.���� Decks and Other Site Design Elements. Detached decks, freestanding solar devices, steps, terraces, and other site design elements which are placed directly upon the grade, and which exceed a height of eighteen inches above the surrounding grade at any point, shall conform to the setback requirements of this title for detached accessory structures. (Note: site design elements less than eighteen inches above grade are exempt.)

4.���� Swimming Pools, Hot Tubs, Etc. A swimming pool, hot tub, or spa on a parcel of fifteen thousand square feet or less shall be set back a minimum of five feet from side and rear property lines, and shall not be located within a front setback. A swimming pool, hot tub, or spa on a parcel larger than fifteen thousand square feet shall comply with the setback requirements of the applicable zoning district. All equipment associated with a pool, hot tub and/or spa on any parcel shall comply with the setback requirements of the applicable zoning district.

5.���� Mechanical Equipment. See Section 13.30.060. (Ord. 205 � 1 (Exh. A), 2003)

Setbacks in City of Fayetteville Is Fireplace Considered in Set Backs

Source: http://qcode.us/codes/loomis/view.php?topic=13-3-13_30-13_30_110

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