In the end of the code there's a section on flexibility for single family attached. It says you can use 0' setbacks. Should I assume this only means 0' and not 5'? I'm asking about an area that required 10' setbacks normally.
The provision for attached single-family, condominiums, and townhouse units explicitly allows for both "reduced lot sizes, reduced lot widths, and zero-foot setbacks" [Section 18.09.204(c)(4), p. 499]. You should not assume this flexibility is limited strictly to a 0-foot measurement. The inclusion of the term "reduced... setbacks" alongside "zero-foot setbacks" indicates that any reduction from the standard requirement (such as a 5-foot setback where 10 feet is normally required) is permitted under this specific exception, provided the development meets the necessary criteria.
To qualify for these reduced or zero-foot setbacks, the project must adhere to the following three conditions:
- Common Area Maintenance: Common areas must be maintained in a consistent manner by an association, master developer, or a similar mechanism [Section 18.09.204(c)(4)a, p. 499].
- Reciprocal Agreements: Reciprocal parking and access agreements must be recorded for the use of the common areas [Section 18.09.204(c)(4)b, p. 499].
- Standard Compliance: All other development standards must be addressed and met by the larger project [Section 18.09.204(c)(4)c, p. 499].
The code's application of these standards in specific zoning districts further clarifies this flexibility. For example, in the MF-14, MF-21, and MF-30 districts, the standard for zero-lot-line development is defined as "10 ft on one side and 0 ft on other" [Section 18.02.208, p. 39; Section 18.02.209, p. 41; Section 18.02.210, p. 43]. This demonstrates that the 0-foot allowance is a maximum permitted reduction used to facilitate specific building configurations, rather than a mandatory fixed value for all "reduced" setbacks.
Additionally, for projects that do not meet the specific criteria of Section 18.09.204(c)(4), the code provides other mechanisms for flexibility. A Minor Deviation may be used to approve reductions of less than ten percent from quantifiable development standards [Section 18.08.804(b)(1), p. 486]. For more significant reductions, a Major Deviation may be requested for adjustments of up to 50 percent of a quantifiable standard, provided the Planning Commission finds the change is not impactful to nearby properties and benefits the overall project design [Section 18.08.802(b)(1), p. 482].
Sections Cited
- Section 18.02.208, MF-14: Multi-Family Residential, page 39
- Section 18.02.209, MF-21: Multi-Family Residential, page 41
- Section 18.02.210, MF-30: Multi-Family Residential, page 43
- Section 18.08.802, Major Deviation, page 482
- Section 18.08.804, Minor Deviation, page 486
- Section 18.09.204, Lots and Site Area Requirements, page 499