§ 30-5.7. Projections from Buildings and Roof Planes, Permitted Encroachments and Treatments of Minimum Required Yards.

a.

Minimum Required Front Yards, and Street Side Yards On Corner Lots, Shall be Landscaped . Excepting walkways, and driveways and staircases as permitted by this Article, minimum required front yards, and street side yards on corner lots, within residential zones, and for residential uses in non- residential zones may not be paved and shall be used exclusively for landscaping.

b.

Architectural Features . Canopies, eaves, cornices, sills, beltcourses, fireplaces, galleries, sunshades and similar architectural features, but not including any wall or window surface, may extend into any required yard a distance not exceeding two (2′) feet; however in no case shall such features have a setback of less than three (3′) feet from the property line.

1.

Special Exemptions for Eaves. An exemption to allow a building eave with a setback of less than three (3′) feet from a property line may be granted by the Planning and Building Director concurrently with, and subject to the required finding for, the approval of a residential addition with less than the required minimum side yard as permitted by subsection k., and subject to the approval of the Building Official.

c.

Decks . Decks, and similar features such as uncovered porches and cantilevered balconies shall conform to the standards as prescribed below:

1.

Measurement of Height.

(a)

The height of each level of a deck shall be calculated separately and the required setback that correlates with the height of each level shall be applied to the portion of the deck at that level.

(b)

On sites with a slope of ten (10%) percent or greater deck heights may be averaged and setbacks calculated based on the average height of numerous points. In such cases, any configuration of terraces or levels may be approved that provides for privacy for adjoining properties, lack of impacts from shading of adjoining properties, and safety without precisely meeting the setback requirements of this subsection.

2.

Setback Requirements.

(a)

Decks of up to, and including, twelve (12′′) inches in height may encroach into any required side and rear yard.

(b)

Decks over twelve (12′′) inches to not more than thirty (30′′) inches in height may encroach into any required side and rear yard, but shall maintain a minimum setback of three (3′) feet from the side and rear property lines.

(c)

No deck that exceeds thirty (30′′) inches in height at any point shall be permitted to encroach into a required yard area.

3.

Privacy Screening Requirement for Decks Exceeding Thirty (30′′) Inches in Height. Notwithstanding safety railing requirements prescribed by the A.B.C., and the limitations on barrier height prescribed in Section 30-5.14, decks above thirty (30′′) inches in height, and all roof decks may be required as a condition of Design Review approval to provide privacy screening barriers, and/or landscaping of sufficient height deemed sufficient to provide adequate screening, to mitigate potential privacy impacts. At no time, however, shall the top elevation of any railing or privacy screen for such decks exceed the building height limit of the subject zone.

4.

Decks and Conformance to Maximum Building Coverage. Decks above thirty (30′′) inches in height and in excess of two hundred (200) square feet in size shall be considered as part of the building coverage requirements. Decks subject to coverage requirements shall be calculated at fifty percent (50%) of their area in excess of two hundred (200) square feet.

5.

Exceptions to Setback Requirements for Small Decks. Decks which are less than fifty (50) square feet, have no exterior access and are cantilevered or supported from the structure may be allowed to extend three (3′) feet into the required front, rear or street-side yard; however, in no case shall such a deck have a setback of less than three (3′) feet from any property line. Such decks shall not project more than six (6′) feet from the supporting wall to its furthest outward extension.

d.

Window and Roof Projections .

1.

Window Projections. Bay, garden and greenhouse windows, and similar features that increase either floor area or enclosed space, may extend three (3′) feet into any required front, rear, side or street-side yard, however in no case shall such features have a setback of less than three (3′) feet from a property line, and are subject to the following regulations and the regulations in paragraph (3), below: Bay windows shall not encroach into yard areas at any other level than the story on which the window openings or glazings are located except that ornamental brackets or canopies may be required and approved through Design Review.

2.

Roof Projections. Dormers may project from the roof plane, however in no case shall such features have a setback of less than three (3′) feet from the property line or exceed the building height limit of the subject zone, and are subject to the regulations in paragraph (3), below:

3.

Minimum Separation Spacing and Size Limitations for Projections. Encroaching window projections, and all roof projections, are subject to the following dimensional requirements:

(a)

The maximum length of each projection shall be ten (10′) feet and the minimum horizontal separation between projections shall be five (5′) feet.

(b)

Such features shall not extend horizontally across more than one-half (½) of the linear wall or roof surface to which they are affixed.

e.

Stairs and Landings .

1.

General Exception. Uncovered stairs and landings may encroach into any required front and rear yard a distance not exceeding six (6′) feet (i.e. for the placement of stairs and landings, the minimum required front and rear setback is reduced from twenty (20′) feet to fourteen (14′) feet); and into any required side yard and minimum required street side yard a distance not exceeding one-half (½) the width of the required side yard or three (3′) feet, whichever is less.

2.

Special Exception for Historic Structures. A reconstructed staircase that is to be attached to the facade of an historical structure as defined in Section 30-2, may encroach into the minimum required front yard a distance not to exceed seventeen (17′) feet (i.e. for the placement of reconstructed stairs and landings on historic structures, the minimum required front setback is reduced from twenty (20′) feet to three (3′) feet) providing that the design of such staircase conforms to the original historic design, allowing for minor modification to accommodate requirements mandated by the A.B.C., or alterations in the finished floor elevation, subject to the approval of the Planning and Building Director and Building Official.

f.

Accessory Buildings . Accessory buildings may be located within minimum required side and rear yards, and shall conform to the following:

1.

Height Limits. Accessory buildings shall not exceed one (1) story, and shall not exceed a height of ten (10') feet at the top of a parapet or at the point where the side elevation intersects with the roof, with the following exceptions:

(a)

The height at the ridge of the roof may exceed the above height limitation, up to a maximum height of fifteen (15') feet.

(b)

The front and rear elevations may exceed the ten (10') foot height limit up to the fifteen (15') foot height at the ridge of the roof; however, in no case shall the fifteen (15') foot ridge height be extended along the entire front or rear elevation.

(c)

The height at the top of the front or rear elevation's parapet may exceed the above height limitation, up to a maximum height of twelve (12') feet.

2.

Maximum Rear Yard Coverage. Accessory buildings shall not cover more than four hundred (400) square feet or forty (40%) percent of the minimum required rear yard as prescribed by the subject Zoning District, whichever is greater. That portion of an accessory building which is outside the minimum required rear yard is subject to maximum main building coverage limitations of the subject zone.

3.

Minimum Setbacks from Side Property Lines. If located less than seventy-five (75') feet from the front property line, the accessory building shall observe a five (5') foot side yard setback. If the accessory building is to be located seventy-five (75') feet, or more, from the front property line, it may be built up to the interior side property line(s), provided that all construction within three (3') feet of the property line (including eaves and similar architectural features) is one (1) hour fire resistive as required by the A.B.C., as approved by the Building Official.

4.

Minimum Setback from Rear Property Line. If located within that portion of the minimum required rear yard that adjoins the neighbors' required minimum rear yard(s), the accessory building may be built up to the rear property line, provided that all construction within three (3') feet of the property line (including eaves and similar architectural features) is one (1) hour fire resistive as required by the A.B.C., as approved by the Building Official. If the proposed accessory building is to be located within that portion of the minimum required rear yard that does adjoin the neighbors' required minimum rear yard(s) (i.e., adjacent to that part of the neighbor's side property line not within his/her minimum required rear yard), a minimum five (5') foot setback from the rear property line shall be maintained.

5.

Minimum Separation from Neighboring Structures. There shall be a minimum of six (6') feet separating all construction (including eaves and similar architectural features) of the accessory building(s) from the main building(s) or other accessory building(s). The separation requirements of this paragraph may be reduced by the Community Development Director and Building Official if one (1) hour fire resistive construction is utilized and/or occupancy classification of the subject buildings allow for a lesser separation, as specified by the A.B.C.

6.

Reconstruction of Legally Nonconforming Buildings. Notwithstanding the limitations prescribed by Section 30-20, Nonconforming Buildings and Uses, legally nonconforming accessory building(s) with conforming residential uses in residential zoning districts may be reconstructed, with an equal or lesser nonconformity to the size, and location requirements of this subsection (i.e., paragraphs 2. through 4.), subject to the approval process for improvements, as outlined in Section 30-37, Design Review Regulations, and allowing for modifications to the height and/or roof configuration, provided that the resulting design does not exceed the height limitation prescribed by paragraph 1. of this subsection. Such reconstruction may occur as part of any duly permitted project to repair, remodel or replace the existing nonconforming structure.

7.

Accessory buildings shall not include a kitchen unless the accessory building is an accessory dwelling unit per the requirements of Section 30-5.18, or the kitchen is approved with a use permit for a home occupation on a residential lot.

g.

Patio Structures . Patio structures attached to or detached from a main or accessory building may encroach into any minimum required side yard or rear yard. But shall:

1.

Not exceed a maximum height of twelve (12′) feet, as measured from grade. A detached patio structure, if not located within a minimum required yard, may be permitted to a height not to exceed fifteen (15′) feet, subject to approval of the Planning and Building Director and Building Official.

2.

Conform to the building coverage requirements prescribed for accessory buildings in subsection 30-5.7.f.2 of this section, regardless of whether the patio structure is attached to or detached from a main or accessory building.

3.

Observe a minimum five (5′) feet setback from the side and rear property lines. No part of the patio cover may extend within three (3′) feet of the property line.

4.

Have a minimum six (6′) foot distance separating all elements of a detached patio structure (including eaves and similar architectural features) from the main building(s) or accessory building(s). The separation requirements of this paragraph may be reduced by the Planning and Building Director and Building Official if the occupancy classification of the subject buildings allow for a lesser separation, as specified by the A.B.C.

5.

Not occupy any portion of the front half of a corner lot.

6.

Not be enclosed by any walls, partial solid panel wainscoting, and/or glazing, excepting for those walls of the adjoining main and/or accessory building(s), which may not constitute: (a) more than two (2) of the four (4) sides of the patio structure; and (b) more than fifty (50%) percent of the patio structure′s perimeter. Patio structures may be fitted with removable clear plastic or screen mesh panels and/or retractable shade screens, as regulated under the A.B.C.

h.

Pools and Spas .

1.

Pools or spas that are constructed and/or permanently located "in-ground," and any mechanical equipment for such pools or spas, may be located within a minimum required rear and side yard, providing that a minimum five (5') foot setback is maintained from any property line.

2.

Portable pools, spas, hot tubs, and similar features which are determined by the Building Official not to be structures, are not subject to either the setback requirements for accessory buildings prescribed in subsection f. of this section, or those setback requirements for permanent "in-ground" spas prescribed in paragraph 1., above, except that no mechanical equipment for such portable pools or spas shall be placed within five (5′) feet of any property line.

i.

Driveways . Driveways may be located within minimum required front yards, and minimum required street side yards of corner lots, subject to the regulations prescribed in subsection 30-7.9.f.1.

j.

Structures for Disabled Access . Uncovered wheelchair ramps or other structures providing disabled access may encroach into any required front, side or rear yard as long as the access structure provides continuous access from the street or parking area to an entrance of the building. The encroachment shall be the minimum necessary to provide safe and adequate access and shall be subject to Design Review.

k.

Exceptions to Allow Additions with Less Than the Required Minimum Side Yards . If a main building has less than the required side yard setback, additions may be approved with existing setbacks, or none, if none exist, if the following finding can be made: no major adverse effects such as significant shading or significant view blockage will occur on adjoining properties relative to existing conditions and relative to an addition built with a conforming setback.

1.

New cantilevered projections, above the first story which are to have the same or less horizontal area as an existing first story projection, may be approved with the existing projection's setbacks.

2.

If necessary to make the finding in the section above, or to address Design Review or building code concerns, the Director may require a setback greater than those existing, but still allow a setback(s) that is less than the minimum required side yard or street side yards of corner lots prescribed by the subject zoning district.

l.

In exception to the setback requirements of this chapter for stories above the ground floor, an addition at the second floor level may be approved with exterior walls in the same plane as the walls of the existing building below if the following finding can be made: no major adverse effects such as significant shading or significant view blockage will occur on adjoining properties relative to existing conditions and relative to an addition built with a conforming setback.

1.

If necessary to make the finding in the section above, or to address Design Review or building code concerns, the Director may require a setback greater than those existing, but still allow a setback(s) that is less than the minimum required side yard or street side yard of corner lots prescribed by the subject zoning district.

m.

Exceptions to Allow Extension of Roof Ridges and Roof Pitch with Heights Greater Than the Maximum Building Height Limitation. If a main building exceeds the maximum building height for the district in which it is located, main building additions may be approved that extend upon the same height roof, ridge, pitch, and plane as the existing roof structure providing that the following findings can be made: (1) no major adverse effects such as significant shading or significant view blockage will occur on adjoining properties relative to existing conditions and relative to an alternative design with the roof extension built in compliance with the maximum building height; (2) the ridge and/or pitch continuation complies with the City of Alameda Building Code.

(Ord. No. 2920 N.S. § 13; Ord. No. 2943 N.S. §§ 12, 13; Ord. No. 2947 N.S. § 1; Ord. No. 3168 N.S., §§ 3, 8, 9, 11-15-2016)

(Ord. No. 3184 N.S., § 8, 7-5-2017)