3 Amendment to 3.2.6.A.1.(e) relating to encroachment of steps, stoops and porches into required setbacks 12-10-2013 ZOCO DRAFT- Page 1
3.2.6.A.1.(e) Permitted Setback Encroachments Issue The setback provisions in 3.2.6.A.1.(e) allow stairs, steps and unenclosed porches (covered or uncovered) to encroach into the 25-foot street setback. A subsequent section, 3.2.6.A.3.(a), Projections allowed into yards and courts, references numerous other features that may encroach into required yards and courts including balconies and terraces, but does not specifically mention that porches, stairs and steps may encroach into required yards. The longstanding administrative practice in the Zoning Office has been to allow porches to encroach four feet. The amendment below would codify this practice. The Zoning Administrator also would like to reverse a March 1, 2010 determination to once again permit both steps and stairs to project into a required setback, and to add a definition of porch to 18.2. General Terms Defined. This is also included in the proposed amendment, consistent with those requests to the BZA that have been supported by staff, as summarized below. The Board of Zoning Appeals (BZA) grants numerous requests to allow porches and steps to encroach into yards and setbacks. In 2012, 45% of the BZA caseload consisted of porch requests; 10% were for step encroachments. It should be understood that these numbers do not include new houses built since the 2010 determination where the stair placement was adjusted so no BZA review was necessary. Per the Code of Virginia, when requests are routinely approved by Boards of Zoning Appeals, it is necessary to review the appropriateness of the underlying regulations. Porches (65 cases approved, 45.1% of all 2012 BZA cases) Structure Avg. Street Setback Avg. Side Setback Avg. Rear Setback Steps 13.9 ft. 5.3 ft. 0 ft. Eave 15.7 ft. 6.4 ft. 15.4 ft. Porch/Stoop Base 16.8 ft. 7.3 ft. 15.1 ft. Steps (15 cases, 10.4% of all 2012 BZA cases) Avg. Street Setback Avg. Side Setback Avg. Rear Setback 10.9 ft. 3 ft. 13.5 ft. Proposed Text 1 2 3 4 5 6 7 3.2.6 Placement A. Setbacks 1. Front yard (e) For all one-and two-family dwellings and their accessory structures No structure shall be located less than 25 feet from any street right-of-way line, except that the distance between any street or officially designated street right-of- 12-10-2013 ZOCO DRAFT- Page 2
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 way line and the front wall of a structure, with the exception of stoops and covered and uncovered but unenclosed porches, may be reduced as follows: (1) The distance shall be at least the average of the distances between the street right-of-way line, and the edges of the front walls of existing structures located on the frontage where the structure is proposed to be located; (2) The distance shall be at least 15 feet, provided, however, that no parking garage shall be located closer than 18 feet to from the street right-of-way line; and (3) No structure located within 25 feet of a street right-of-way line shall exceed 2 1/2 stories. (4) Stoops may encroach into the front setback no more than four feet. (5) Stairs and steps may encroach into the front setback, provided that they are no closer than five feet from any street right-of-way line. (6) Porches, including the base, supporting columns and roof overhang, may encroach into the front setback, provided that they are no closer than 15 feet from any street right-of-way line. Porch eaves may encroach an additional four feet, provided they are no closer than 11 feet from any street right-of-way line. 3. Projections Encroachments allowed into side and rear yards and courts The following projections encroachments shall be allowed into side and rear yards and courts (a) No building or structure, or addition thereto, other than walls or fences, shall extend encroach into a required setback area, yard or court; except that chimneys may extend encroach therein 18 inches,. and t The following unenclosed uses may extend therein encroach no more than four feet but not nearer than five feet to any property line: Balconies; eaves, trim and fascia boards and similar architectural features; platforms and terraces. (b) Porches on interior lots may encroach into the rear yard, provided that they are no closer than 15 feet from the rear lot line. Porch eaves may encroach up to an additional four feet, provided they are no closer than 11 feet from the rear lot line and five feet from any side lot line. (c) Porch eaves on corner lots may encroach into a required rear yard no more than four feet but not nearer than six feet from a rear lot line. Porch eaves may encroach into a required side yard no more than four feet, provided they are no closer than five feet from any side lot line. (d) Stairs and steps may encroach into yards and courts, provided they are no closer than five feet from any side or rear lot line. 18.2. General Terms Defined 12-10-2013 ZOCO DRAFT- Page 3
53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Deck. A flat open platform, which may have more than one level, and may be supported by posts. Porch. An unenclosed platform with columns or piers supporting the roof. Stoop. An entry platform on the façade of a building that may be roofed, has no supporting posts and is not enclosed. Stairs. A series of steps, or multiple steps which are connected by landings. Step. A stair unit which consists of one tread (walking surface) and one riser. 12-10-2013 ZOCO DRAFT- Page 4
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4 Amendment to 3.2.6.A.2.(e), regarding accessory building eave encroachments into required side and rear yards 12-10-2013 ZOCO DRAFT- Page 8
3.2.6.A.2.(e) Side and Rear Yards for Accessory Buildings Issue Placement of an accessory building per the Ordinance one foot from the side or rear property line is too close for maintenance and access, may cause eaves to overhang the property line and can be a problem if the location of the property line is not correctly understood when the building is constructed. In recognition of these problems, a number of years ago, the Zoning Administrator instituted a practice whereby the eave, not the accessory building wall, must be placed one foot from the property line. While this determination has eliminated the problem of eaves overhanging property lines by adding some distance between the property line and the building wall, this practice could be more efficiently implemented if it were codified in the Zoning Ordinance. It should be noted that this amendment will make a significant (but unknowable) number of existing accessory buildings nonconforming since the regulation permitting an accessory building one foot from the property line has been in the Zoning Ordinance since at least 1950. Proposed Text 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 3.2.6 Placement The following regulations shall govern the placement on a lot of any building or structure, or addition thereto, hereafter erected, except as may be allowed by site plan approval: 2. Side and rear yards (e) For accessory buildings in R districts (2) For new construction of accessory buildings with heights lower than 1 1/2 stories or 25 feet, whichever is less, and footprint smaller than 560 sq. ft. in R-5 or R-6 districts, or 650 sq. ft. in any other district (i) No accessory building shall be located closer than eight feet from to any part of a main building; (ii) On interior lots, the nearest edge of the eave of an no accessory building shall not be located closer than one foot from to a side or rear lot line; and (iii) On corner lots, the nearest edge of the eave of an no accessory building shall not be located closer than one foot from to any side lot line. 12-10-2013 ZOCO DRAFT- Page 9
5 and 6 Amendment to 3.2.6.A.3.(a) and 3.2.6.A.3.(b), regarding encroachments into required side and rear yards by various types of equipment consistent with November 4, 2008 Zoning Administrator memo 12-10-2013 ZOCO DRAFT- Page 10
3.2.6.A.3.(a) and 3.2.6.A.3.(b) Projections Encroachments Allowed Into Side and Rear Yards and Courts Issue In addition to the list of permitted projections already in the Zoning Ordinance, staff permits other features including bay windows, decks, and porches to project into required setbacks and yards. The Zoning Ordinance specifically permits air conditioning units to encroach into required side and rear yards if screened. Following a November 2008 determination by the Zoning Administrator, staff has been permitting comparable mechanical equipment including emergency generators, pool equipment, compressors, heat pumps, to be located in the side and rear yards of single-family and semi-detached dwellings and to encroach if screened. (See November 2008 determination, which follows this text). In June 2013, the Zoning Administrator determined that storm water planters required by the Department of Environmental Services were subject to placement provisions if attached to a building, or part of a building foundation (projections) or freestanding equipment. (See June 2013 Determination, which follows this text.) The amendment below would incorporate current practice into the Zoning Ordinance. Proposed Text 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3.2.6. Placement A. Setbacks 3. Projections Encroachments allowed into side and rear yards and courts The following projections encroachments shall be allowed into side and rear yards and courts (a) No building or structure, or addition thereto, other than walls or fences, shall extend encroach into a required setback area, yard or court; except that chimneys may extend encroach therein 18 inches., and tthe following unenclosed uses may extend therein encroach no more than four feet but not nearer than five feet to any property line: Balconies; eaves, trim and fascia boards and similar architectural features; platforms and terraces., attached storm water planters and similar features. (b) Air conditioning units and similar mechanical equipment including emergency generators; pool equipment; compressors; heat pumps are permitted in required side and rear yards, provided 12-10-2013 ZOCO DRAFT- Page 11
25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 that they are in no event less than eight feet from any side lot line or 10 feet from any rear lot line. However, air conditioning units and similar mechanical equipment screened with fence or vegetation may encroach into a required setback or yard, where it is located no closer than eight feet to any front or rear lot line, and no closer than five feet to any side lot line. Storm water planters which are separate structures may be located no closer than five feet from any side lot line or eight feet from any front or rear lot line. Consolidated text for 3.2.6.A.3.(a) (from pages 16 and 25) 3. Projections Encroachments allowed into side and rear yards and courts The following projections encroachments shall be allowed into side and rear yards and courts (a) No building or structure, or addition thereto, other than walls or fences, shall extend encroach into a required setback area, yard or court; except that chimneys may extend encroach therein 18 inches., and tthe following unenclosed uses may extend therein encroach no more than four feet but not nearer than five feet to any property line: Balconies; eaves, trim and fascia boards and similar architectural features; platforms and terraces., attached storm water planters and similar features. (b) Porches on interior lots may encroach into the rear yard, provided that they are no closer than 15 feet from the rear lot line. Porch eaves may encroach up to an additional four feet, provided they are no closer than 11 feet from the rear lot line and five feet from any side lot line. (c) Porch eaves on corner lots may encroach into a required rear yard no more than four feet but not nearer than six feet from a rear lot line. Porch eaves may encroach into a required side yard no more than four feet provided they are no closer than five feet from any side lot line. (d) Stairs and steps may encroach into yards and courts, provided they are no closer than five feet from any side or rear lot line. 12-10-2013 ZOCO DRAFT- Page 12
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