§ 4.23. Supplemental Setback Regulations for Allowable Encroachments in Front, Side and Rear Yards.
   A.   General provisions:
      1.   Determination of yards: When the definitions of yards do not clearly determine the front, side or rear yard, the Director shall be guided by the pattern of development in the vicinity of the lot and the platting of the lots in question in determining what is the applicable yard.
      2.   Double frontage lots: The required front yard shall be provided on each street frontage. Accessory structures shall not be provided for in either yard.
      3.   Residentially zoned property minimum required side yard setback. Minimum 7.5 ft. unless district regulations require a larger setback; except for platted lots of 50 ft. or less then setback is 5 ft.
      4.   Cul-de-sac setbacks. The front setback shall be from the straight portion of the street right-of-way. The Director may reduce the setback requirements from the circular portion of the street cul-de-sac right-of-way reduced up to 40%.
   B.   Allowable encroachments in front, side and rear yards:
      1.   Accessory buildings (all districts). All Accessory Buildings which are not a part of the main building may be constructed in a rear yard, provided such accessory building:
         a.   Does not occupy more than 30% of the area of the rear yard. Areas enclosed by screens shall be included in the computation of area occupied in a rear yard but an open uncovered swimming pool or deck (pervious or impervious) shall not be included in the 30% calculation.
         b.   Size: Shall not exceed 30% of the floor area of the Main Permitted Use.
         c.   Setbacks: As set forth in this section. If not listed in this section the setback shall be determined by using the setback requirements for a use or structure that is similar to the proposed construction.
         d.   Parking garages in Single Family Districts: See Section 4.1.D.
      2.   Awnings (all districts). Awnings attached to, and supported by a building wall may be placed over doors or windows in any yard, but such awnings shall not project closer than 3 feet to any lot line except; an awning associated with a Commercial Use shall be permitted to extend from the entrance door to the street line of any building and setback 18 in from the curb.
      3.   Canopies. A canopy shall be permitted to extend from an entrance door to the street line of any building except those located in a Single Family, RM-9, RM-12 or RM-18 districts. Where a sidewalk or curb exists, the canopy may extend to within 18 inches of the curb line. Such canopies shall not exceed 15 ft. in height and 12 ft. in height or be screened or enclosed in any manner and shall provide an unobstructed, clear space between the grade and the bottom of the canopy valance of at least 7 ft. The location of vertical supports for the canopy shall be approved by the Engineering Division.
      4.   Carports:
         a.   Location. No more than one carport is permitted on any single yard for single family homes.
         b.   Maximum Dimensions. Carports shall be used for shading and weather protection of not more than two automobiles, shall not exceed the roof line of the existing structure, and shall be pursuant to the following the maximum dimensions:
            1.   Side-by-side: 21 ft. wide by 19 ft. long.
            2.   Tandem: 10.5 ft. wide by 40 ft. long.
            3.   Carports may exceed the maximum dimensions as set forth above, provided the placement and design of the carport integrates aesthetically and proportionately with the architecture of the existing structure as determined by the City Manager or his or her designee.
         c.   Design. The design of the carport shall be compatible in scale and character with the existing structure.
         d.   Construction. Carports may be supported by no more than eight metal poles not exceeding four inches in diameter.
         e.   Material. When located in the front yard, the covering of a carport shall only be constructed of cloth, canvas, or similar lightweight material as approved by the Fire Department. When facing an alley or interior side yard or rear yard that is visible from the street, any construction material that is compatible with the construction of the principal building is permitted.
      5.   Decks and Screen Enclosures (whether or not associated with a pool):
         a.   Maximum elevation: 30 inches above grade.
         b.   Front setback: at-grade only, area not to exceed 10% of Main Permitted Use or 500 sq. ft. whichever is less.
         c.   Side setback: 3 ft., 0 ft. adjacent to water.
         d.   Side setback facing a street: 12 ft.
         e.   Rear setback: 13 ft. If adjacent to water then setback for deck is 0 and setback for screen enclosure is 10 ft.
         f.   Townhomes: Deck setback is 1/2 of the above (a - e) and measured from the line separating the property of each unit. Screen may enclose the area that is owned or exclusively used by owner.
         g.   Arbor: At least 50% of the roof structure shall be open to the sky. Setback as listed above for deck.
         h.   Properties in developments which have Condominium Associations or other forms of Associations which govern the Use of land may reduce the above required yards. Substantiation must be submitted to the Office of Planning.
      6.   Driveways and sidewalks on private property: 3 ft. from side lot line.
      7.   Fences and walls: For height regulations related to residential zones refer to § 155.12 of the City Code of Ordinances.
         a.   General:
            1.   All vertical posts, horizontal rails, or support systems of wood fences must face to the inside of the property.
            2.   The exterior of wood fences or any portion of the exterior of wood fences that face away from the property must have a finished surface.
            3.   When a wood fence is located in the front yard setback or each side of a wood fence is visible from a street, then the wood fence shall be finished on both sides.
            4.   Any portion of a wood fence that abuts an existing fence or other construction barrier may be installed with vertical posts, horizontal rails, or support systems to the outside of the property upon proper determination by the Zoning Administrator that an obstruction exists and that access has been denied.
         b.   Barbed wire or similar materials. Prohibited in all districts except in Industrial and Manufacturing. The height of the barbed wire is included in the maximum height allowed.
         c.   Ornamental fixtures or lamps (on walls, fences) are allowed in all districts subject to the following:
            1.   Permitted to be placed on walls or fences when they are adjacent to a public street, alley, golf course or waterway. The total height of the combined structure shall not exceed the required fence or wall height by more than 2 feet.
            2.   Located with a minimum separation of 8 feet on center with a maximum width of 2 feet.
      8.   Hedges. For height regulations related to hedges refer to § 155.12 of the City Code of Ordinances.
      9.   Lightpoles: In single family districts only; otherwise height limit as established in zoning district.
         a.   10 feet maximum height. Lightpoles shall be located 7 1/2 from any property line except that when such property line abuts a public right of way, or Waterway there shall be no required setback.
         b.   All light shall be contained on site or on any public right-of-way.
      10.   Marine structures: All districts - seaward side yard setbacks for boat slips, decks, wharves, dolphin poles, mooring piles, davits, or structures of any kind shall not be less than 7.5 feet. This requirement pertains to the enlargement of existing structures as well as to the construction of new structures. It is further provided that any boat, ship, or vessel of any kind shall not be docked or moored so that its projection extends into the required seaward side yard setback. Land side decks may extend to the deck associated with the marine Structure.
      11.   Mechanical equipment: Accessory to a permitted use, such as air conditioning, water pumps, and the like, provided that no such equipment encroaching into a required yard (not allowed in front yard) setback shall be located closer than 3 feet to any plot line and further provided that in no case shall the noise level of any operating mechanical equipment be in violation of the City Code.
      12.   Porte-Cochere: Shall be permitted to extend from an entrance door to the street line of any building except that Porte-Cocheres shall not be permitted in a Single Family or Townhome District. Where a sidewalk or curb exist, the Porte-Cochere may extend to within 18 inches of the sidewalk. The Porte-Cochere shall not exceed 30% of building core frontage in width or 16 feet in height or be screened or enclosed in any manner. It shall provide an unobstructed, clear space of not less than 9 ft. between the grade and the underside of the roof of the Porte-Cochere.
      13.   Projections (all districts): Every part of a required yard shall be open to the sky, except as authorized by this title. The following may project into a required yard for a distance not to exceed 25% of the required yard up to a maximum projection of 6 ft.
         a.   Belt courses;
         b.   Chimneys;
         c.   Cornices;
         d.   Exterior unenclosed private balconies;
         e.   Ornamental features;
         f.   Porches, platforms and terraces;
         g.   Roof overhangs;
         h.   Sills;
         i.   Window or wall air conditioning units;
         j.   Bay windows;
         k.   Walkways: maximum 3 ft.
      14.   Shed regulations:
         a.   Not permitted in the front yard. Not allowed in the required street side yard unless surrounded by a fence and the shed is lower than the height of the fence.
         b.   Rear and side yard setback - 5 ft. If adjacent to alley rear setback is 0 ft.
         c.   Maximum of one allowed per property.
         d.   Maximum size - 200 sq. ft.
      15.   Swimming pool, hot tubs, spas - setbacks measured to water's edge (See § 4.23 for setbacks for decks and screen enclosures).
         a.   Not permitted in front yard setback, in a utility or drainage easement.
         b.   Enclosed or unenclosed: Rear setback - 6 ft., side setback - 6 ft., Side facing a street - 15 ft.
         c.   Swimming pool shall be surrounded by a fence with a self-closing and locking gate all of which shall be at least 42 inches high.
         d.   The Building Official may make modifications individual cases upon a showing of good cause with respect to the height, nature or location of the fence, wall, gate or latch or the necessity thereof, provided the protection as shown hereunder is not reduced thereby. The Division may permit other protective devices or structures so long as the degree of protection afforded by the substitute device or structure is not less than the protection afforded by the wall, fence, gate and latch described in division 15.c. above.
      16.   Tennis courts and similar court games: The following regulations shall apply for fences, lightpoles or other accessory structures associated with court games in all districts.
         a.   Front yard - Not permitted.
         b.   Required side and required rear yard - maximum height of fences shall be 10 feet and the fences shall be set back at least 7.5 ft. from the interior side or rear property line. When the fence faces a street, the maximum height shall be 10 ft. and the fence shall be set back at least 15 ft. from the property line.
         c.   Accessory lighting fixtures when customarily associated with the use of court games, shall be erected so as to direct light only on the premises on which they are located. The maximum height of light fixtures shall not exceed 10 feet when located in a required yard; otherwise, the maximum height shall not exceed 20 ft. light is permitted to be cast on any public right-of-way.
         d.   All chain link fences shall be coated with green or black materials.
         e.   When fences are located within 7.5 ft. of a lot line, they shall be substantially screened from view from adjacent properties, public right-of-ways, and waterways by landscape materials.
         f.   Any play surface, whether paved or unpaved, when associated with said court games, shall have the following minimum required yards: front - 20 feet; interior side - 7.5 ft., any side facing on a street - 15 ft., rear - 7.5 ft.
         g.   Landscaping, when associated with tennis courts, shall be allowed to equal the height of the fence. The area between the tennis court fence and the front lot line shall be landscaped and approved by the Director prior to the issuance of a Building Permit.
      17.   Vending machines. Permitted as an accessory use if the machine(s) is located inside a building at least 10 ft. from a window that faces a street or in a courtyard when the machine(s) cannot be seen from a street.
(Ord. O-94-14, passed 4-16-94; Am. Ord. O-2001-16, passed 5-16-2001; Am. Ord. O-2003-14; Am. Ord. O-2003-31; Am. Ord. O-2004-21, passed 7- 21-04; Am. Ord. O-2011-05, passed 2-2-11; Am. Ord. O-2011-14, passed 5- 4-11; Am. Ord. O-2012-05, passed 3-7-12; Am. Ord. O-2019-16, passed 8-28-19)