Chapter 18.78
GENERAL REGULATIONS

Sections:

18.78.010 Accessory buildings.

18.78.020 Exceptions to yard regulations.

18.78.030 Sight clearance.

18.78.040 Utilities.

18.78.050 Lighting.

18.78.060 Shoreline structure setback line.

18.78.070 Construction living quarters.

18.78.010 Accessory buildings.

For through lots, setbacks for accessory buildings in rear setbacks shall conform to the front setback requirements for a principal building. Side setbacks for each accessory building shall conform to the side setbacks required of, or established by, the principal building, with such setbacks continuing through the full depth of the site. (Ord. 2004-12 § 22, 2004: Ord. 2004-02 § 1, 2004; Ord. 92-08 § 2, 1992)

18.78.020 Exceptions to setback regulations.

A. Fences up to six feet high may be located in any required setback, except as provided in BIMC 18.78.030 and 18.78.060.B. Nonscreening fences in excess of six feet but not exceeding eight feet in height may be erected, subject to any applicable provisions of BIMC Title 15. Height shall be measured from finished grade at the exterior side of the fence. No person may construct a berm or retaining wall upon which to build a fence unless the total height of the berm or retaining wall plus the fence does not exceed the maximum height allowable for the fence if the berm or retaining wall were not present.

B. Chimneys, flues, awnings, bay windows, and greenhouse windows may intrude into required setbacks up to 18 inches.

C. Eaves may intrude into required setbacks up to 24 inches. When provided in combination with any of the exceptions of subsection B of this section, such as above a bay window, the eave intrusion shall be measured from the required setback line and not from the outer edge of the bay window or other intrusion.

D. Signs shall conform to Chapter 15.08 BIMC, Sign Code, and may be placed in required setbacks.

E. In the R-2.9, R-3.5, R-4.3, R-5, R-6, R-8, R-14, Mixed Use Town Center, High School Road, or Neighborhood Service Center zones, the following exceptions apply:

1. Any structure, other than a driveway and/or parking area, that is not more than four inches above finished grade may be located anywhere in a required side or rear setback. For driveways and/or parking areas, see Chapter 18.81 BIMC;

2. Any structure that is more than four inches but not more than 30 inches above finished grade may extend to within five feet of any rear or side property line; and

3. Uncovered steps and porches not more than 30 inches above finished grade and which provide direct access to a principal building may extend to within three feet of a side property line.

F. Decorative landscape features such as garden sculpture and similar structures not exceeding eight feet in height are permitted in required setbacks. Where such feature is supported by a fence, berm, or retaining wall, the total height shall not exceed eight feet, measured from finished grade at the exterior side of such support.

G. Rockeries and retaining walls no greater than 48 inches in height are permitted in required setbacks. Rockeries and retaining walls greater than 48 inches in height may be permitted in required setbacks if a qualified geotechnical engineer determines that it is necessary for slope stabilization, and the city concurs.

H. Utilities, pursuant to BIMC 18.78.040.

I. None of the exceptions listed in this section shall be permitted to be located in violation of the sight clearance requirements of BIMC 18.78.030. (Ord. 2004-12 § 23, 2004: Ord. 2004-02 § 1, 2004; Ord. 92-08 § 2, 1992)

18.78.030 Sight clearance.

No sight-obscuring fence or hedge over 42 inches higher than the grade of adjacent streets shall be permitted on corner lots in the setback area formed by a line from the lot corner at the street intersection along the front setback line 15 feet and side setback line 15 feet and a line connecting the two lot lines at the point 15 feet from the intersection corner. (Ord. 2004-02 § 1, 2004; Ord. 92-08 § 2, 1992)

18.78.040 Utilities.

Overhead and underground utilities are permitted in setbacks. (Ord. 2004-02 § 1, 2004; Ord. 92-08 § 2, 1992)

18.78.050 Lighting.

All light sources shall be hooded or shielded so the lamp is not visible from adjacent properties or public rights-of-way. (Ord. 92-08 § 2, 1992)

18.78.060 Shoreline setback line.

All principal buildings shall be so located as to maintain the minimum shoreline setback line.

A. The shoreline setback line shall be determined as follows:

1. No Adjacent Principal Buildings. Where no principal buildings are located on any lot adjacent to a proposed building, the shoreline setback line shall be the setback specified in the underlying zone. (See diagram A at the end of this section.)

2. Adjacent Principal Building on One Side. Where a principal building exists on an adjacent lot along only one side of the proposed building, the shoreline setback line shall be a distance no less than that of the adjacent principal building to the shoreline or that setback specified in the underlying zone, whichever is greater. (See diagram B at the end of this section.)

3. Adjacent Principal Buildings on Both Sides on a Regular Shoreline. Where principal buildings exist on lots adjacent to both sides of the proposed building on a regular shoreline, the shoreline setback line shall be determined by a line drawn between the building line of the adjacent principal buildings or that setback specified by the underlying zone, whichever is greater. (See diagram C at the end of this section.)

4. Adjacent Principal Buildings on Both Sides on an Irregular Shoreline. Where principal buildings exist on lots adjacent to both sides of the proposed building on a shoreline forming a cove or peninsula, the shoreline setback line shall be determined by averaging the setback lines of the two adjacent principal buildings or the setback specified in the underlying zone, whichever is greater. (See diagrams D and E at the end of this section).

B. Accessory structures, such as fences, may be situated within the shoreline setback; provided, that they do not substantially obstruct the view of adjacent principal buildings. (Ord. 2004-12 § 24, 2005: Ord. 92-08 § 2, 1992)

Diagram A

Diagram B

Diagram C

Diagram D

Diagram E

18.78.070 Construction living quarters.

A manufactured home or recreational vehicle for use by an owner or builder during construction of a dwelling unit on a lot may be situated on the same lot subject to the following limitations:

A. A building permit for the dwelling unit must be issued and valid;

B. The manufactured home or recreational vehicle must not be permanently affixed to the lot;

C. Potable water and sanitation facilities must be available on the site;

D. Approval from the department must be obtained in writing authorizing such construction living quarters; provided, that approval shall be granted for one year, which may be extended for a six month period if substantial progress is made on the construction of the principal dwelling unit; and

E. The mobile home or recreational vehicle must meet setback requirements for the zone in which it is situated. (Ord. 2004-02 § 1, 2004; Ord. 92-08 § 2, 1992)