§ 154.024 YARD SPACE; ENCROACHMENTS; STEEP SLOPES.
   (A)   Yard space requirement. Any building, structure or use hereafter erected, altered or established shall comply with the yard space requirements of the district in which it is located, except as specified below. The required yard space for any building, structure or use shall be contained on the same lot as the building, structure or use and the required yard space shall fall entirely upon land in a district or districts in which the principal use is permitted. Any required yard space shall be open from 30 inches above the ground to the sky, except as specified elsewhere in this chapter.
   (B)   Yard space encroachments; projections into yards and easements. Encroachments or projections into drainage and utility easements are not permitted, with the exception that overhangs up to two feet are allowed for planned development districts that received final approval prior to 2007. The following projections may be permitted into the required front, rear or exterior side yard setback; provided, there is no encroachment or projection into the drainage and utility easements:
      (1)   Cornices, sills, eaves and other ornamental features to a distance of not more than two feet, six inches;
      (2)   Fire escapes to a distance of not more than four feet, six inches;
      (3)   Decks and patios, in residential districts, to a distance of not more than one-half the distance into yards;
      (4)   Bay windows, window wells, chimneys and fireplaces to a distance of not more than three feet; provided that, these features do not occupy, in the aggregate, more than one-third the length of the building wall on which they are located; and
      (5)   Retaining walls and landscaping timbers within easements by conditional use permit. Retaining walls and landscaping timbers or similar are not allowed in easement areas adjacent to stormwater facilities.
   (C)   Yard space exception; steep slopes. In any residential districts where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along that line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of 12% or less to a private garage conforming to the requirements of this chapter, the garage may be located within the front yard, but not in any case closer than 12 feet to the street line.
(2004 Code, § 154.024) (Ord. 464, passed 1- -1996; Ord. 07-0452, passed 1-9-2007; Ord. 21-822, passed 5-11-2021) Penalty, see § 154.999