12-256.1 Compliance With Yard Requirements:
Except as otherwise provided, required yards shall be open and unobstructed from the ground to the sky. Yards provided for a building, for the purpose of complying with the provisions of the Code, shall not be considered the yard for any other building, and yards provided for a lot shall not be considered the yard of any other lot.
12-256.2 Permitted Yard Obstructions: Obstructions are permitted in required yards as follows:
A. Cornices, canopies, eaves, fireplaces, and similar architectural features may project not more than two (2) feet into a required yard.
B. Fire escapes may project not more than four and one-half (4 ½) feet into a required yard.
C. Fences, hedges, plant materials and walls may be located in any yard provided that corner traffic visibility is maintained in accordance with the City of Eufaula Code. Fences and walls within yards shall not exceed a height of eight (8) feet. Any fence or wall which projects into or encloses a required front yard shall not exceed a height of four (4) feet. The Board of Adjustment, as a special exception, may modify these limitations.
D. Signs which are permitted as accessory uses in residential districts may be located within any yard which is bounded by a public street.
E. Detached accessory buildings may be located in the rear yards of RS Districts and shall be regulated as follows:
1. On RS lots containing less than one-half (0.5) acre of lot area, detached accessory buildings may be located in a rear yard provided that the accessory buildings in aggregate do not exceed 768 square feet of floor area, or cover more than twenty percent (20%) of the rear yard, whichever is smaller.
2. On RS lots containing one-half (0.5) acre of lot area or greater, detached accessory buildings may be located in the rear yard provided that the accessory buildings in aggregate do not exceed the following: RS lots containing a minimum of one-half (0.5) acre but less than one (1) acre of lot area - an aggregate maximum floor area of 1,000 square feet; or RS lots containing one (1) acre or more of lot area - an aggregate maximum floor area of 1,500 square feet.
3. Accessory Buildings over 750 square feet in size located upon a property site, or an adjacent property if under same ownership, shall be designed to relate in materials, color, character and detail to the principal building(s) located upon the site and/or adjacent lots.
4. In no case shall the aggregate area of accessory buildings on a lot be permitted to exceed the floor area of the principal residential structure located upon the lot.
5. All accessory buildings not meeting the minimum requirements in (1) and (2) above shall require Board of Adjustment action in the form of a Special Exception. The following factors, at a minimum, shall be considered by the Board of Adjustment in granting Special Exception approval of detached accessory buildings as referenced above: the accessory building height; building construction materials; building color scheme; building, location and setbacks; proposed or existing landscaping and/or screening fence, roof types, surface texture, style, details and building form.
F. Swimming pools, tennis courts, and fallout shelters. (Private swimming pools may be constructed as an accessory use, but shall be completely enclosed by a permanent wall or fence not less than four (4) feet in height, and shall meet the requirements of the county health department. A swimming pool shall not be constructed in front of the front building line and no portion of the pool, equipment, walkway, or other facilities related thereto, shall be located closer than ten (10) feet to the side or rear lot line.)
G. Mobile home hitches where mobile homes are permitted.
H. Customary accessory structures, such as clotheslines, barbecue pits, playground equipment.
I. Carports 12 feet or higher shall require Board of Adjustment special exception approval prior to construction. All carport requests, regardless of height, require building permit review and approval. All carports are to match in color and character to the primary structure on the lot. The setbacks for carports shall comply with the corresponding zoning district setback and bulk and area requirements. Carports shall be constructed on a minimum of gravel service area.
12-256.3 Use of Yards
A. No inoperative motor vehicles shall be parked or stored within the front or exterior side yard in an R district. No vehicle and/or recreational vehicles including RV's, Boats, boat trailers, and other recreational trailers shall be parked except on a hard surface area constructed of an all-weather material. Gravel may be used in R Districts for recreational vehicles. The gravel parking space must be maintained in good condition and remain dust-free in compliance with 256.3B.
B. When an existing home (as of the date of adoption of this ordinance) has no garage or a one-car garage, one gravel parking space may be located on the property in accordance with 256.3A. Access to such designated parking space shall be by way of the property's paved driveway. The gravel parking space must be maintained in good condition and remain dust-free as determined by the City code enforcement officer or the property owner shall return such area to a landscaped area/grass, or an all-weather hard surface. Designed parking spaces will be subject to the following conditions:
1. Permit must be applied for and approved before the work is done.
2. The majority of the front yard must be landscaped/grass.
3. Gravel parking space must be installed in a way to prevent gravel run off to the street e.g. border space with large rocks, bricks, etc.
C. Portable storage containers are permitted in residential zoning districts on a temporary basis (maximum 10 days) and only permitted once a year per property. If a storage container is proposed to be placed on the property permanently (more than 10 days), it must conform to the detached accessory building requirements of this code per Section 256.2E. Storage containers, accessory buildings and other accessory structures greater than 200 square feet proposed to be permanently located on a property within the city must be affixed to the land with footings, anchors or other tie down approved by the City and must meet the setback requirements as stated in the zoning ordinance. No container, accessory building or structure is permitted to be higher than the primary structure. In all districts, storage containers, accessory buildings and accessory structures should be similar in material, color, character and detail to the principal structure and screened from view from the public per Section 264 of the city code. All storage containers, whether permanent or temporary, greater than 120 square feet, require a permit through the City.
Exemption: construction containers associated with new construction or remodel in conjunction with a building permit. All containers to be maintained so litter may not accumulate on property. (Ord. 20-03-02, 3-2-2020)