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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 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. Carport in the Side Yard: A carport open on three (3) sides may be located in an interior side yard area to within one foot (1') of the side property line, subject to the following standards and restrictions:

a. The carport roof structure and support columns must be secured, fire rated, and built of fire-resistant materials in compliance with the International Residential Code and the International Fire Code;

b. Not to exceed fifteen feet (15') in height;

c. Have a six-foot (6') tall masonry wall along the side property line adjacent to the carport;

d. Only one (1) side yard area may be covered; the other side must remain open to the sky, and on corner lots, the street side yard setback must remain open to the sky;

e. The wall of the dwelling or any structure on the adjoining property adjacent to the carport must be a minimum of eight feet (8') from the property line; and

f. Comply with all other codes and ordinances;

5. 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 only be enclosed on three (3) sides or less;

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.

B. Accessory Structure: A one (1) story accessory structure is limited as follows:

1. Side Yard:

a. The structure must be located outside of the required setbacks;

b. Be constructed to resemble the main structure by incorporating the same building materials, colors, roof pitch, and design;

c. Separated at least six feet (6') from any structure; and

d. No greater than twenty feet (20') in height;

2. Rear Yard: Rear yard accessory structures are permitted if they meet the requirements found here:

a. No portion of a rear yard accessory structure shall be:

(1) Within twenty-five feet (25') of any street, except a pool may be constructed in a street side yard,

(2) Within six feet (6') of any structure,

(3) Projected across a property line,

(4) Constructed in a manner that will divert storm water onto adjacent property,

(5) Located over a utility easement without prior written approval from the joint utility commission and an encroachment indemnification agreement with terms acceptable to the city attorney, or

(6) Greater than twenty feet (20') in height.

b. A rear yard accessory structure may be located zero feet (0') from the rear and side property lines if no more than twenty-five percent (25%) of the rear yard is used for accessory structures.

c. Rear yard accessory structures shall not be permitted, constructed, or used prior to occupancy of the main structure.

3. Structures with a roof connection that is less than twelve feet (12') in width, which do not match the materials and design of the main structure, will be considered an accessory structure.

An accessory structure smaller than one hundred twenty (120) square feet, that does not require a building permit, is allowed in the side and rear yard, and no separation is required.

C. Common Area Boundaries – Yard: For a limited common area that is assigned to the specific use of a designated property, the outer boundaries of such limited common area are considered the lot line of the designated property for purposes of determining exceptions to open- and unobstructed-yard regulations. Other common areas shall not be considered within the ownership of individual properties for the purpose of determining the setback areas. Driveways to the garage of a pad or unit may be located in limited common areas. (Ord. 2019-10-002, 10-10-2019)