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15-8-326  Pergolas, trellises, arbors, and privacy screens.
   (a)   Vertical elements of pergolas, trellises, arbors, privacy screens, and similar structures greater than 42 inches in height above the adjacent walking surface of a balcony, porch, deck, rooftop deck, or roof shall be treated as fences and comply with Section 13-96-120.
      (1)   Any element classified as a combustible solid fence shall be located not less than six feet from an interior lot line and not less than six feet from another building on the same lot.
      (2)   Any element classified as a combustible screen fence shall be located not less than three feet from an interior lot line and not less than six feet from another building on the same lot.
      (3)   Any element classified as a noncombustible fence may be used without regard to separation distance.
   (b)   Horizontal elements of pergolas, arbors, and similar structures shall be of noncombustible construction unless located not less than three feet from an interior lot line and not less than six feet from another building on the same lot.
   (c)   Combustible pergolas, trellises, arbors, privacy screens, and similar structures installed on a balcony, porch, deck, rooftop deck, roof, or similar surface shall not exceed 12 feet in height above the highest adjacent walking surface.
   (d)   Guards required by Section 13-124-310 and no greater than 42 inches in height may be constructed of combustible material if located not less than three feet from an interior lot line and not less than six feet from another building on the same lot.
   (e)   Any structure above a rooftop deck which provides protection from weather from above equivalent to a roof and projects more than 24 inches horizontally from a wall or other support shall be treated as a part of the building to which it is attached for purposes of determining the construction type, building height, and number of stories.
(Added Coun. J. 3-29-17, p. 45477, § 5)