1. If the topography of a lot is such that the front building line is eight feet or more above the street grade, and there is no reasonable way to construct a driveway up to the dwelling level, a garage/carport may be built into the bank and set at least five feet back from the front property line, except as set forth in subsection B.4 below.

2. If the topography of a lot is such that there is no reasonable way to construct a driveway with a slope less than 15 percent to the dwelling level, a garage/carport may be built in the front yard setback, LUC 20.20.010, subject to approval by the Director of the Development Services Department. The garage/carport must be set at least five feet back from the front lot line, and may not exceed 15 feet above street level measured to the peak of a pitched roof or nine feet above street level measured to the top of a flat roof. The garage/carport and its vehicular access must be located and oriented to minimize disturbance of the slope.

3. A garage/carport must comply with the street intersection sight obstruction requirements of BCC 14.60.240.

4. Notwithstanding any other provision of this subsection B to the contrary, a garage/carport may not be located within a critical area or critical area buffer unless allowed under Part 20.25H LUC.

1. Any portion of a minor building element which equals or exceeds 30 inches above finished grade at its location may intrude into a required setback a distance no greater than 20 percent of the minimum dimension of that setback, or at least 18 inches, whichever is greater.

2. Any portion of a minor building element which is less than 30 inches above finished grade at its location may extend to any lot line.

3. Except for eaves, the combined length of all minor building elements which equal or exceed 30 inches above finished grade on any building facade shall not exceed 25 percent of the length of that facade.

4. Minor building elements may not be used to extend the enclosed building floor area into the required setback, except chimneys and bay windows protruding no more than 18 inches into the setback may extend to the finished grade at their location.

5. A minor building element may extend into a critical area structure setback required by LUC 20.25H.035 only if it is above the ground level and if vegetation will be maintained in a healthy condition. Solar access to vegetation must be maintained at least 50 percent of daylight hours during the normal growing season.

Note: Heat pumps are not minor building elements. Retaining walls and rockeries 30 inches or greater in height are not minor building elements.

1. Limitations. This subsection cannot be used to develop any building (including an underground building) which intrudes into critical areas, critical area buffers, or critical area structure setbacks required by Part 20.25H LUC.

2. Subject to the limitations contained in this subsection E, underground buildings may intrude in the required setback.

3. Subject to the limitations contained in this subsection E, buildings constructed partially below grade and not higher than 30 inches above existing or finished grade, whichever is lower, may intrude into required setbacks subject to the following conditions: