Permitted Setback Modifications

Fence or combined fence and berm up to 6 feet high

In any required setback subject to applicable regulations in BIMC Title 15

Except as provided in BIMC 18.12.040.B and Chapter 16.12 BIMC

Nonscreening fences or combined nonscreening fence and berm up to 8 feet high

In any required setback subject to applicable regulations in BIMC Title 15

Except as provided in Chapter 16.12 BIMC

Chimneys, flues, awnings, bay windows, and greenhouse windows

Up to 18 inches into any required setback

Covered porches, bay windows and eaves within the Ericksen Avenue overlay district

Up to 5 feet into the front yard

Bay windows must be cantilevered outward from the wall, and may not result in any portion of the building floor area extending into the setback

Any structures, including but not limited to uncovered steps, porches, and decks less than or equal to 30 inches in height

Up to 2 feet into front and side setbacks. Up to 5 feet into required rear setbacks.

Eaves

May extend up to 24 inches in any required setback except shoreline structure setback

At or near grade structures such as uncovered patios, sidewalks, and driveways

In any required setback

May not exceed 4 inches in height

Signs

In any required setback

Must conform to Chapter 15.08 BIMC

Overhead or underground primary utilities and accessory utilities when they are not the principal use of the site

In any required setback, perimeter or roadside buffer

Must conform to Chapters 16.12 and 16.20 BIMC. Does not apply to above ground utilities such as propane tanks.

Composting bins

In side or rear setback areas

Bioretention/rain gardens

In any required setback

In accordance with Chapter 15.20 BIMC

Rain barrels/cisterns

In any required setback

In accordance with Chapter 15.20 BIMC

Wall-mounted on-demand hot water heaters

Up to 18 inches into side or rear setbacks

Permitted if buffered or enclosed to prevent noise impacts to neighboring properties

Below-ground geothermal equipment

In any required setback, perimeter or roadside buffer

Must conform to Chapters 16.12 and 16.20 BIMC. Permitted if any excavated areas are promptly relandscaped after installation is complete.

Rockeries and retaining walls less than 4 feet in height

In any required setback

Rockeries and retaining walls greater than 4 feet in height may be permitted with qualified geotechnical engineer determination, and city concurrence, that it is necessary for slope stabilization.

Public communications tower

In any required setback subject to applicable regulations in BIMC Title 15

Must conform to Chapters 16.12 and 16.20 BIMC

Permitted Height Modifications

Small wind energy generators

Up to 18 inches above the maximum building height in the district

Solar panels

Up to 18 inches above the maximum building height in the district

Noncommercial, nonparabolic antennas affixed to noncommercial communication towers

Up to 50 feet in height above grade

One flagpole per parcel

Up to 45 feet in height above grade

Public communications tower

Up to 120 feet in height above grade

A building permit is required for a public communications tower. A conditional use permit shall be required for a public communications tower to be constructed between 71 feet and 120 feet above grade. A public communications tower shall not exceed 120 feet in height.