§ 21.45.140. Setbacks from projected rights-of-way.

A.

Minimum setback. No new structural or land development activity requiring a building or land use permit shall be permitted within the minimum setback stated in this subsection from the existing or projected centerline of a street designated on the official streets and highways plan, except as allowed under subsection B of this section:

Street Class on Official Streets and  Highways Plan	Setback from Centerline (feet)
IC, IIA, IIIC	30
IB	35
I, IA, II	40
III, IIIB	50
IIIA, IV	65
V	75

 

B.

Permitted uses within setback. The following uses and activities are permitted within the setbacks described in subsection A of this section:

1.

Sidewalks and pathways;

2.

Bike trails;

3.

Bus shelters and bus turnouts;

4.

Kiosks, canopies, awnings, seating units and skywalks;

5.

Utilities and utility easements;

6.

Landscaping required by chapters 21.40 through 21.50;

7.

Temporary parking as described in subsection D. of this section;

8.

Additional parking to that required by this title;

9.

Open space and usable yards;

10.

Fences, public art, and signs;

11.

Retaining walls;

12.

Remodeling of or addition to structures existing as of May 19, 1987, so long as it does not further intrude within the setback area after that date;

13.

Driveways and vehicular access; and

14.

Incidental architectural features that are at least 12 feet above grade, where "architectural feature" means a part, portion, or projection that contributes to the aesthetic quality of a building or structure, exclusive of signs, that is not necessary for the structural integrity of the building structure or to make the building or structure habitable.

C.

Yard requirements. Applicable yard requirements stated elsewhere in this title shall be in addition to those stated in this section.

D.

Temporary parking area. As used in this section, the term "temporary" or "temporarily" means that period of time between the issuance of a building or land use permit and the right of entry conveyed to the municipality or other government entity for a road project that affects the setback area required by this section. Parking required by this title may be provided temporarily within a setback area described in this section only if the building official and the traffic engineer first find that:

1.

The temporary parking configuration to be used on the lot, including the setback area, conforms to section 21.45.080.X.9.a.

2.

An alternate site plan has been submitted with an application for a building or land use permit for permanent required parking on the lot, excluding all setback areas thereon, in conformance with parking configuration requirements of section 21.45.080.A through V and section 21.45.080.X.9.b.

3.

An agreement between the owner of the lot and the municipality has been executed and recorded so as to give notice of the parking requirements to be applied to the lot and of the date or event by which the temporary parking configuration shall be abandoned in favor of the permanent parking configuration stated in the alternate site plan.

E.

Reduction of required parking. Permanent required parking shall be provided on the lot, excluding all setback areas thereon, in conformance with the parking configuration requirements of section 21.45.080.A through V and section 21.45.080.X.9.b, except that the minimum number of parking spaces required for a lot may be reduced by as much as five percent upon a finding by the director of community planning and development, with the concurrence of the building official, that:

1.

No temporary parking configuration has been approved for the lot pursuant to subsection D of this section; and

2.

The owner of the lot has demonstrated that the reduction of parking spaces shall not adversely affect use of that lot, an adjacent public right-of-way or an adjacent lot.

(GAAB 21.05.060.R; AO No. 84-255; AO No. 87-31, 7-18-87; AO No. 2007-101(S), § 1, 9-11-07)