Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, the ordinary projections of skylights, sills, belt courses, cornices, chimneys, flues, and other ornamental features which project into a yard not more than two and one-half feet, and open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than five feet and uncovered porches or stairs which are not more than 30 inches above the adjoining grade and that do not extend from the structure more than five feet into the required yard.
(A) Raised patios, either open or roofed in a required rear yard under the following conditions. The patio may extend not more than eight feet into the required rear yard; the patio shall be attached to the rear of the dwellings; the patio shall not exceed two-thirds of the rear width of the dwelling to which it is attached; the patio shall be a ground floor patio only; the sides of the patio shall remain unenclosed except for lattice work and required handrails and guardrails. Any dwelling located within the current minimum setback, the eight feet extension will be reduced to comply with the current minimum setback.
(B) Front porches in a required front yard under the following conditions. The front porch may extend not more than eight feet into the required front yard: the porch shall be attached to the front of the dwelling; the dwelling shall be located on an interior lot and not on a corner lot; the porch shall not exceed two-thirds of the front width of the dwelling to which it is attached and not impact the required off street parking (driveway, garage, carport and the like); the front and sides of the porch shall remain unenclosed except for required handrails, guardrails or porch half wall not to exceed 42 inches in height, and supporting structures for any roof covering; and the projection shall not exceed one story in overall height. (See figure at the end of this section.) Any dwelling located within the current minimum setback, the eight feet extension will be reduced to comply with the current minimum setback.
(C) Buildings totally or partially within utility easements. Accessory buildings and structures may be permitted within rear and/or side yard utility easement only under the following conditions:
(1) If utilities are or may be constructed underground, buildings and structures may be built; provided:
(a) The building shall have an area less than 120 square feet and with any concrete slab/monolithic footing or other support extending not more than 12 inches below grade. The owner shall agree to remove the building or structure at his or her expense if future utility placement, replacement or maintenance requires such action and with the city or franchised utility bearing no liability for any cost incurred; and
(b) The building will have an area greater than 120 square feet with any concrete slab/monolithic footing or other support extending not more than 12 inches below grade.
1. The site plan for the proposed building has been reviewed by each utility and found to be acceptable, evidenced by a signature of an authorized utility representative on an encroachment permit.
2. The owner shall agree to make utility accommodation, up to and including removal of the building or structure, if necessary, at his or her own expense, if future utility placement, replacement or maintenance require such action and with the city or franchised utility bearing no liability for any cost incurred.
(2) If the utilities are or may be constructed aboveground, buildings and structure may be built provided at least:
(a) Fifteen feet clearance is maintained between any part of the building structure and utility lines; and
(b) Five feet clearance is maintained between building structure and any utility pole. The owner shall agree to make utility accommodation, up to and including removal of the building or structure, if necessary, at his or her own expense, if future utility placement, replacement or maintenance require such action and with the city or franchised utility bearing no liability for any cost incurred.
Projections into Required Yards
(Prior Code, § 29.05.080) (Ord. 07-13, passed 7-19-2007; Ord. 20-12, passed 7-2-2020)