§ 4.9.2. Additional setback requirements.

A.

Streams, creeks and rivers. The minimum required setback from any stream, creek or river identified on a U.S.G.S. quadrangle map is 100 feet from the centerline of the water course unless a greater setback is required by section 8.2 (wetlands); subsection 8.4 (wildlife); or section 4.2.1 (floodplains).

B.

Architectural features. Architectural features such as cornices, canopies, eaves, awnings, bay windows, window wells, cantilevered walls, chimneys and mechanical equipment may extend two feet into a required setback or a setback approved by variance or administrative variance. In all cases a minimum setback of five feet for any structural component or architectural feature must be maintained from all property lines. No part of any building, including the architectural features mentioned above may extend outside a designated building envelope. No part of any building, including the architectural features mentioned above may extend into or above any easement.

C.

Porches and decks, open, unenclosed, uncovered porches or decks, located at grade have no setback restriction. Open, unenclosed, uncovered porches or decks, with the finished floor elevation 30 inches or less above the finished grade, must maintain a distance of five feet from all lot lines. All porches and decks with a finished floor elevation greater than 30 inches must meet the applicable building setbacks. No porch or deck may extend into or above an easement or outside a designated building envelope.

D.

Structures. All structures must maintain a distance of five feet from all lot lines. Structures may be located outside a building envelope unless restricted to the building envelope as part of an approved development. No part of any structure may extend into or above any easement.

E.

Detached accessory building 120 square feet in area or less. Detached accessory buildings may be placed within the rear or side setbacks of a lot as long as the following requirements are met:

a.

The accessory building must maintain a distance of five feet from all lot lines (including eaves, etc.).

b.

All other required setbacks, including those from highways, county roads, and stream, creeks and rivers, apply.

c.

The building is not on a permanent foundation.

d.

The average roof height does not exceed 12 feet.

e.

The building is not used for any type of commercial or residential purpose.

f.

No part of any building may extend into or above any easement.

g.

The accessory building may be located outside a building envelope unless restricted to the building envelope as part of a specific development approval condition.

F.

Fences.

1.

Fences for individual residential uses must meet the following criteria.

a.

All fences are subject to sight triangle standards included in the Urban Area Street Standards and Rural Area Road Standards that are part of the technical supplement to this code.

b.

Fences in the required street and road setback must not exceed eight feet high. (Note: Any fence over six feet requires a permit from the county building department.)

2.

Requirements for all fences other than agricultural fences.

a.

The height of fences will be measured from ground level at the base of the fence except that depth-of-drainage channels under a fence can not be included in the height measurement.

b.

The height of fences built on berms or retaining walls must include the height of the berm or wall.

(Res. No. 01232007R005, Exh. A, 1-23-2007; Res. No. 04282009R001, Exh. A, 4-28-2009; Res. No. 07222014R005, Exh. A, § 1, 7-22-2014; Res. No. 12152015R001 , Exh. A, § 8, 12-15-2015)