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1 DRAFT DATED 5/24/2010—PUBLIC HEARING DRAFT ORDINANCE NUMBER AN ORDINANCE OF THE MISSOULA CITY COUNCIL AMENDING MISSOULA MUNICIPAL CODE REVISING THE MISSOULA CITY ZONING ORDINANCE, TITLE 20, CHAPTER 20.110 ENTITLED ("MEASUREMENTS AND EXCEPTIONS,"), SECTION 20.110.050 ENTITLED ("SETBACKS") REGARDING THE PLACEMENT OF GARAGES IN RESIDENTIAL ZONING DISTRICTS. BE IT ORDAINED THAT that the Missoula City Zoning Ordinance, TITLE 20, CHAPTER 20.110, SECTION 20.110.050 IS HEREBY BE AMENDED AND ENACTED TO STATE AS FOLLOWS: Section 1. 20.110.050 Setbacks A. Front Setbacks 1. Measurement Front setbacks are measured from the front property line to the closest point of the building or structure. Through parcels must have a front setback on both opposing sides of the parcel. For purpose of this provision, the front property line is the property line that “faces” and is adjacent to the street. On corner parcels, the front property line is the property line that is parallel to the alley that serves the parcel. When no alley exists, the zoning officer is authorized to establish the front property line and the street side property line. ---PAGE BREAK--- 2 2. Exceptions When existing lawfully established residential buildings on one or more abutting parcels are closer to the front property line than the otherwise required front setback, additions to existing residential buildings or construction of new residential buildings on the subject parcel may comply with the average front yard depth that exists on the nearest 2 parcels on either side of the subject parcel instead of complying the zoning district’s minimum front setback requirement. a. If one or more of the parcels required to be included in the averaging calculation is vacant, the vacant parcel will be deemed to have a front yard depth equal to the minimum front setback requirement of the underlying zoning district. ---PAGE BREAK--- 3 b. Parcels that front on a different street than the subject parcel or that are separated from the subject parcel by a street or alley may not be used in computing the average. c. When the subject parcel is a corner parcel, the average front yard depth will be computed on the basis of the nearest 2 parcels that front on the same street as the subject parcel. d. When the subject parcel abuts a corner parcel fronting on the same street, the average front yard depth will be computed on the basis of the abutting corner parcel and the nearest 2 parcels that front on the same street as the subject parcel. e. All residential garages that are accessed from the street must be set back at least 20 feet and may not be located closer to the street than ---PAGE BREAK--- 4 the front façade of the residential building. 3. Garage Setbacks All residential garages that are accessed from the street must be set back at least 20 feet and may not be located closer to the street than the front façade of the residential building. 3.4. Permitted Obstructions/Encroachments Front setbacks must be unobstructed and unoccupied from the ground to the sky except as expressly allowed in 20.110.050DE. B. Rear Setbacks 1. Measurement Rear setbacks are measured from the rear property line to the closest point of the building. 2. Permitted Obstructions/Encroachments Rear setbacks must be unobstructed and unoccupied from the ground to the sky except as expressly allowed in 20.110.050DE. 3. Exceptions When an existing nonconforming structure encroaches into the otherwise required rear setback, additions to that nonconforming structure may also encroach, but no further than the existing nonconforming structure. 4. Through Parcels On through parcels both (opposing) street lines are considered front property lines and front setback standards apply. Rear setback standards do not apply. C. Side Setbacks 1. Measurement Side setbacks are measured from the side property line to the closest point of the building. ---PAGE BREAK--- 5 2. Permitted Obstructions/Encroachments Side setbacks must be unobstructed and unoccupied from the ground to the sky except as expressly allowed in 20.110.050DE. 3. Exceptions When an existing residential building encroaches into the otherwise required side setback, additions to that residential building may also encroach, but no further than the existing building. D. All residential garages that are accessed from the street must be set back at least 20 feet. E.D. Features Allowed to Encroach in Required Setbacks Required setbacks must be unobstructed and unoccupied from the ground to the sky except that features are allowed to encroach into required setbacks to the extent indicated in the following table: Obstruction/Projection into Required Setback Front Side Rear Accessory buildings used for domestic storage (see also Chapter 20.45for specific regulations governing accessory uses and structures) No No Yes Air conditioning units, provided the unit is not more than 48 inches in height No Yes Yes Arbors and trellises Yes Yes Yes Awnings and canopies projecting no more than 5 feet into the setback Yes Yes Yes Balconies that project no more than 8 feet into the setback Yes No Yes Bay windows that project no more than 32 inches into the setback and are no more than 15 feet in length Yes Yes Yes Chimneys and flues that project no more than 24 inches into the setback Yes Yes Yes Decks, patios, and other features and structures less than 30 inches in height above grade Yes Yes Yes ---PAGE BREAK--- 6 Obstruction/Projection into Required Setback Front Side Rear Satellite dish antennas, not exceeding 1 meter (39.37 inches) in diameter Yes Yes Yes Satellite dish antennas, over 1 meter but not exceeding 2.4 meters (94.49 inches) in diameter No No Yes Eaves and gutters projecting 48 inches or less into setback, provided they are set back at least 3 feet from the property line Yes Yes Yes Fences and walls (see Chapter 12.30 of the Municipal Code) Yes Yes Yes Fire escape, open or lattice enclosed; projecting no more than 5 feet into the setback No Yes Yes Fireproof outside stairway projecting no more than 5 feet into the setback No Yes Yes Flagpoles Yes Yes Yes Porches that are open on at least 3 sides and project no more than 8 feet into the setback (see also 20.110.050DE.1) Yes No Yes Recreational equipment swing sets and basketball hoops) Yes Yes Yes Sills, belt courses, cornices, buttresses and other architectural features Yes Yes Yes Steps and stairs (primary access) up to 30 inches in height above grade and set back at least 4 feet from all property lines Yes Yes Yes Wheelchair lifts and ramps that meet federal, state and local accessibility standards Yes Yes Yes Window wells that are not part of the foundation wall and not more than 30 inches in height above grade Yes Yes Yes 1. Open porches or decks, excluding steps, may project into the front setback by up to 8 feet. The porch, deck, and steps must be set back at least 4 feet from all property lines. E. F. Separation of Residential Buildings on Same Parcel If 2 or more principal residential buildings are located on the same parcel, setbacks must be provided as if the principal buildings were on separate parcels except that if a principal residential building is constructed behind or in front of an another principal residential building, the minimum separation distance required between the 2 principal buildings must be at least equal to the sum of the 2 required side setbacks of the subject zoning district. ---PAGE BREAK--- 7 SEVERABILITY If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED BY a Ayes, Nays, Abstain, Absent, vote and APPROVED by the Mayor this of 2010. ATTEST: APPROVED: Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL)