§ 10-5-6 Yards Unobstructed – Exceptions

10-5-6: YARDS UNOBSTRUCTED – EXCEPTIONS:

A. Every part of the setback area shall be open to the sky, unobstructed except for:

1. The ordinary projections of belt courses, eaves, chimneys, flues, cantilevered balconies, decks, ornamental features, open fire escapes, or open outside stairways (in side or rear only), which project into a setback not more than four feet (4');

2. A porte-cochere may extend from the main dwelling doorway and over a circular drive. The porte-cochere shall be open on three (3) sides and no more than thirty feet (30') wide if it projects into the front setback. Each porte-cochere shall have a fifteen-foot (15') or greater setback from the front property line;

3. City public transit shelters, with or without public restrooms, may be located within a setback area adjacent to a public street;

4. Patio Cover: A patio or area cover is only permitted in a rear yard and must meet the following standards:

a. The patio or area covered shall not be enclosed on any side;

b. No more than one-third (⅓) of the rear yard is covered;

c. No cover shall be closer than two feet (2') to the rear and side property line.

1. Accessory buildings shall not cover more than twenty-five percent (25%) of the rear yard;

2. If the accessory building is located in the side yard portion of the rear yard, the structure must be designed and constructed to resemble the main structure by incorporating the same building materials, colors, roof pitch, and design;

3. No portion of an accessory structure may be:

a. Within twenty-five feet (25') of any property line except a pool may be constructed within ten feet (10') of the property line for a street side yard if a fence is provided;

b. Within six feet (6') of any structure;

c. Projected across a property line;

d. Constructed in a manner that will divert storm water onto adjacent property;

e. Located over a utility easement without prior written approval from the joint utility commission and an encroachment agreement with terms acceptable to the city attorney; or

f. Permitted, constructed, or used prior to occupancy of the main structure;

4. An accessory building smaller than one hundred twenty (120) square feet that does not require a building permit is allowed in the side and rear yard to property line; provided, there is an accessible walkway at least three feet (3') in width. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2022-07-009, 7-28-2022. Formerly 10-5-5)