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Montrose City Zoning Code

Sec. 11-8-11

Measurements and exceptions.

(A)

General.

(1)

A building, structure, or lot shall not be developed, used, or occupied unless it meets the maximum height and minimum lot and yard requirements set forth for the zoning district in which it is located, except as otherwise established in this Title or unless a variance has been granted.

(2)

When the computation for maximum density results in a fraction, the next lowest integer shall apply, and the maximum density permitted shall be the number equal to such integer.

(3)

When the computation for minimum off-street parking spaces results in a fraction, the next highest integer shall apply, and the minimum number of off-street parking spaces provided shall be the number equal to such integer.

(4)

All heights shall be measured in accordance with the definition of height in Section 11-15-2 of this Title.

(5)

A yard setback, lot area, or lot width required by this Title shall not be included as part of a yard setback, lot area, or lot width for another building or structure or lot, except as otherwise provided in this Section.

(6)

No structure shall project into any required easement or public right-of-way, except as otherwise provided in this title.

(B)

Table 8.2 identifies permitted exceptions and encroachments into required setbacks and height limits.

Table 8.2
Permitted Exceptions and Encroachments

STRUCTURE OR FEATURE CONDITIONS OR LIMITS
Accessory structure less than 200 square feet in floor area and less than 10 feet in height Exempt from side and rear setbacks, provided that the structure does not encroach into a recorded easement. Not permitted in required front setbacks.
Accessory electric vehicle charging station; Accessory solar energy system, ground mounted; and/or Accessory wind energy system Exempt from side and rear setbacks except when prohibited by building code. Not permitted in required front setbacks.
Masonry ledges, window sills, belt courses, chimneys, fireplaces, cantilevers, architectural features, cornices, eaves, and roof overhangs May extend 2 feet into a required setback, but not closer than 2 feet to any property line
Landscaping, walkways and stairways, landings associated with stairways, handicap ramps, and railings Exempt from setback and yard requirements
Community exchange or charitable boxes such as little library book exchanges or pantry food supply boxes Exempt from front yard setbacks, provided the portion of the yard occupied by the box does not exceed 4 square feet
Unenclosed porches, patios, and decks (30 inches or less in height above grade) May extend 8 feet into required front yard setback and may extend into required rear yard setback
Unenclosed porches, patios, and decks (greater than 30 inches in height above grade) May extend into the rear yard setback up to 10 feet from the rear lot line
Open fire escapes (where already existing on the effective date of this ordinance from which this Section is derived) May extend up to 4 feet into any required setback
Raised garden beds no more than three feet in height Exempt from setback requirements
EXCEPTIONS TO BUILDING HEIGHT LIMITS
Accessory rooftop solar collectors May extend up to 24 inches above the height limit for primary structures when installed on a pitched roof, and up to 5 feet above the height limit for primary structures on a flat roof
Spires, bell towers, and similar decorative features on buildings containing primary religious, civic, educational, and institutional uses Exempt from height limit, provided the horizontal footprint of the feature does not exceed 10% of the horizontal area of the building roof plane from which they project vertically
Structures built to support, shelter, or enclose emergency warning sirens, communication antennae, or other public safety devices operated by government agencies. Exempt from height limit
Structures required to comply with the federal Telecommunications Act of 1996 Exempt from height limit

 

(Ord. No. 2677, § 1(exh. A), 12-17-2024)