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) Easements.
(1) No dwelling, main building, accessory building or structure shall be located within a recorded easement area unless the property owner either produces evidence satisfactory to the Director or designee that the easement has been vacated, or executes a recordable document, in a form approved by the City Attorney, indicating that notwithstanding apparent vacation of the easement, the building or structure may be subject to the superior interest of the easement holder and may be required to be relocated at the property owner's expense to accommodate such interests.
(a) Location: Any building or structure in an easement area shall be located pursuant to the setback and other applicable requirements of this title.
(b) No expansion of legal rights: Nothing in this section is intended to expand or restrict the rights or obligations of any party to any recorded easement.
(2) Buildings or structures that are located in a location where utilities are or may be constructed aboveground, buildings and structures may be built or 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 the 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/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.
(3) Retaining walls shall not be placed upon any public utility easements unless the Director or designee determines the retaining wall will not unreasonably interfere with the public utility easement and approve the retaining wall in writing.
Projections into Required Yards
(Prior Code, § 29.05 .080) (Ord. 07-13, passed 7-19-2007; Ord. 20-12, passed 7-2-2020; Ord. 24-02, passed 1-18-2024)