No structure or element of a building may encroach into any side yard, street side yard, pad edge setback, or rear yard except the following:
A. A fence, gate or wall that otherwise complies with the requirements of this code;
B. Roof eaves not exceeding a maximum vertical dimension of twelve inches (12") and projecting no more than eighteen inches (18") into such yards. Gutters attached to such eaves may project up to an additional six inches (6") into such yards beyond the projection of the roof eave. In addition, downspouts and other drainage devices not projecting more than six inches (6") into such yards;
C. Porches and decks located at or below the first floor level provided, further, that required handrails for such elements shall not extend more than forty two inches (42") above the first floor level;
D. Gas and electric meter enclosures projecting no more than eighteen inches (18") into such yards;
E. One fireplace provided one of the following two (2) criteria is met:
1. The required setback equals or exceeds seven and one-half feet (71/2'), the encroachment is limited to thirty inches (30") or less, and the length of the fireplace measured parallel to the property line does not exceed ten feet (10'); or
2. The required setback is less than seven and one-half feet (71/2'), the encroachment is twelve inches (12") or less, the length of the fireplace measured parallel to the property line does not exceed six feet (6'), and the fireplace is located a minimum of ten feet (10') from the front of the building;
F. Swimming pools provided that no mechanical equipment servicing any such pool is located within a side yard or street yard;
G. Trash storage facilities;
H. Architectural projections, such as half timbers, corbels, and window and door accents, projecting no more than six inches (6") into such yards;
I. A porte-cochere; and
J. Freestanding support structures for wireless facilities, provided that no mechanical or accessory equipment servicing any such wireless facility is located within a side yard or a street side yard.
K. Elevators and elevator enclosures, provided the following criteria are met:
1. The subject residence is not a newly constructed building. "Newly constructed building" shall mean a building that has been constructed within the past five (5) years or remodeled more than fifty percent (50%) during the past five (5) years as described in section 10-3-4100 of this chapter.
2. The length of the encroachment measured parallel to the property line does not exceed seven feet (7'), except that a minor accommodation permit may be issued to allow a greater length. In order to approve the minor accommodation permit, the reviewing authority must find that the encroachment will not have an adverse impact on:
a. The scale and massing of the streetscape,
b. Neighbors' access to light and air,
c. Neighbors' privacy, and
d. The garden quality of the city.
3. The aggregate length of the encroachment of the elevator and elevator enclosure together with a fireplace encroaching into the same setback, pursuant to subsection E of this section, does not exceed thirteen feet (13'), except pursuant to a minor accommodation permit issued pursuant to subsection K2 of this section.
4. The encroachment is not closer than three feet (3') from the front of the building.
5. The elevator and elevator enclosure does not have any windows.
6. Noise generated by the elevator complies with city noise regulations set forth in title 5, chapter 1, article 2 of this code.
7. The elevator and enclosure is designed to be compatible with the existing residence in color, material and design.
8. The encroachment into the setback does not exceed the following, provided that a minimum setback of three feet (3') shall be maintained in all cases:
a. Thirty inches (30"), or
b. Sixty inches (60") if a minor accommodation permit pursuant to article 36 of this chapter is issued. In order to approve the minor accommodation permit, the reviewing authority must find that the encroachment will not have an adverse impact on:
(1) The scale and massing of the streetscape,
(2) Neighbors' access to light and air,
(3) Neighbors' privacy, and
(4) The garden quality of the city.
L. Decks located at finished first floor level, covering portions of a driveway that leads directly to subterranean parking for residences, provided, further, that required handrails for such elements shall not extend more than forty two inches (42") above the deck floor level and that the length of the deck shall be limited to twenty four feet (24') or the width of the opening into the subterranean parking, whichever is less, provided that a substantial landscape buffer is provided between the deck and any adjacent property.
Notwithstanding any other provision of this section, a passageway or access for emergency services shall extend for the length of the entire site area from the front lot line to the rear lot line. Such passageway or access shall be a minimum of three feet (3') in width and shall be free of any obstruction, except that a wall, fence or hedge otherwise permitted by the provisions of this chapter may be placed along the rear lot line and a gate may be placed across such passageway or access behind the front yard.
(Ord. 85-O-1953, eff. 7-4-1985; amd. Ord. 88-O-2025, eff. 6-9-1988; Ord. 90-O-2101, eff. 10-4-1990; Ord. 93-O-2187, eff. 1-14-1994; Ord. 95-O-2239, eff. 7-7-1995; Ord. 05-O-2461, eff. 3-18-2005; Ord. 09-O-2563, eff. 2-22-2009; Ord. 16-O-2718, eff. 1-20-2017; Ord. 19-O-2795, 12-10-2019)