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(1) Purpose.

(a) To promote the functional and visual compatibility between developments.

(b) To protect the privacy of residents on adjacent properties.

(2) Side and Rear Setback Regulations. Table 18.31.410 sets forth a range of minimum interior setbacks in the GC, MC, and TC zones between zero and 20 feet. The provisions below clarify specific setback requirements:

Table 18.31.410. Minimum Interior Setbacks in the GC, MC, and TC Zones

Min. Setback

Applicability/Standard

0 feet

For window-less firewalls.

All firewalls shall meet the design provisions of CMC 18.31.560(4), except when abutting an existing firewall.

5 feet

Minimum setback except:

Where zero setbacks are allowed (window-less firewalls as described above.)

Where setbacks greater than 5 feet are required per provisions below.

10 feet

When adjacent to MHO zone or zone outside of downtown. Exception: The minimum setback is 5 feet for lots less than 100 feet in width.

15 feet to 20 feet

When required per subsection (4) below for light and air access and privacy along interior property lines.

(3) Balconies and Rooftop Decks Facing an Interior Property Line.

(a) Balconies and rooftop decks above the ground floor within 15 horizontal feet of an interior property line shall feature a railing system that is at least 50 percent opaque. Specifically, 50 percent of the area below the top edge of the railing shall be a sight-obscuring structure.

(b) DEPARTURES to this standard will be considered if the balcony will not cause visual or privacy impacts due to its location, orientation, design, or other consideration.

Figure 18.31.410(3). Privacy Standards for Balconies Within 15 Feet of Interior Property Lines

(4) Light and Air Access and Privacy Near Interior Property Lines.

(a) Buildings or portions thereof containing multifamily dwelling units whose only solar access (windows) is from the applicable side of the building (facing towards an interior property line) shall be set back from the applicable property lines at least 15 feet.

(b) DEPARTURES will be considered where it is determined that the proposed design will not create a compatibility problem in the near and long term based on the unique site context.

Figure 18.31.410(4). Light/Air Access and Privacy Standards for Multifamily Residential Buildings Along Interior Side and Rear Property Lines

(5) Buffers and Transitions to the MHO Zone and Residential Zones Outside Downtown.

(a) Purpose. To require additional features to be incorporated into higher density residential development when located adjacent to properties zoned for lower density single-family use in order to enhance the compatibility between uses.

(b) At least two of the following site features shall be incorporated between different zones (per development standards):

(i) Evergreen buffer of dense trees or hedge.

(ii) Vegetated fencing or wall.

(iii) Other features that meet the purpose of this section, as approved by the Director.

(c) Existing nonhazardous trees within the site and adjacent to the neighboring development should be retained.

(d) Untreated blank walls shall not be visible from adjacent properties (see CMC 18.31.560 for blank wall and firewall standards). (Ord. 08-21 § 3 (Exh. B))