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What's allowed in side yard set back

bill1952

Sawhorse
Joined
Aug 12, 2021
Messages
294
Location
Clayton NY
I'm sure this varies a lot among different jurisdictions, and I'll call local as soon as it seems possible, but typically would the horizontal extension of insulation (around 48' in this case) minimum 10" below ground, for a shallow frost protected foundation, be allowed to extend into side yard set back? It's 15' here and I'd estimate a corner of foam would be approx 12' from property line.

Thanks!
 

mtlogcabin

Sawhorse
Joined
Oct 17, 2009
Messages
8,285
Location
Big Sky Country
Locally anything below grade is not considered within the setbacks.
Example: Zoning allows window wells and stairs exiting a basement are allowed to be within the setbacks on new construction or remodels.
 

TheCommish

Sawhorse
Joined
Sep 27, 2011
Messages
1,304
Location
Charlton Ma
As Tip O'Neal said "all politics are local" as I tell customers "all zoning is local" down to what side of the street your are on, what use, type of structure or building what the definition in the zoning bylaw and what specifically you are at talking about.
 

my250r11

Sawhorse
Joined
Feb 16, 2015
Messages
906
Location
Roswell, NM
Here the side yard is measured from the PL to the wall. These means almost all homes the overhang is in the setback. Of course the closer to the PL the building code requires a rating depending on the distance. We also allow flat work=drive pads/parking in the required set backs. Porches/awnings are an exception in some cases. As for under ground we wouldn't regulate other than easements for utilities & permit for sprinklers to verify vacuum breakers.
 

Christopher Kirby

Registered User
Joined
May 5, 2019
Messages
11
Location
San Diego
I'm sure this varies a lot among different jurisdictions, and I'll call local as soon as it seems possible, but typically would the horizontal extension of insulation (around 48' in this case) minimum 10" below ground, for a shallow frost protected foundation, be allowed to extend into side yard set back? It's 15' here and I'd estimate a corner of foam would be approx 12' from property line.

Thanks!
I can extend before grade concrete pad footings into any setback in my Juris. That's because the setbacks pertain to STRUCTURES and around here that means permanently installed/anchored above grade Wood/conc/Steele objects ect.

I would very much assume some below grade foam cannot be considered as encroaching on any setback.

An encroachment into an easement for utility or access is a lil different.

Wouldn't seen fair if your house had to be smaller than your neighbors on the same size lots just cuz either your preference or requirement for installation changed.

Just my thoughts on the matter
 

jar546

Chief Cook & Bottlewasher
Joined
Oct 16, 2009
Messages
8,574
Location
Palm Beach County Florida
This questions is very local specific and will vary from town to town. For instance, most don't consider anything below grade to be in the setback. We do for underground propane tanks. They have the same setback requirements as generators, pool equipment, etc. We have a setback for the buildings and one for the other items I just mentioned.
 

fatboy

Administrator
Joined
Oct 17, 2009
Messages
6,406
Location
Northern CO
Yup, jar is spot on. We would allow it.

We allow window wells in the side, basically, no usable square footage in the side.

But, that is a variable also, get a Planner to be consistent with what is usable, good luck.
 
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