§ 153.045 YARD REGULATIONS.
   Measurements shall be taken from the point of the wall of the building nearest to the lot line in question.
   (A)   Deck: a horizontal, unenclosed wooden or plastic platform, with or without attached railings, seats, trellises, or other features, attached to the ground or functionally related to a principal use or site, and at any point extending more than 8 inches above ground level.
      (1)   Decks shall be set back at least 10 feet from the rear lot lines in all residential districts.
      (2)   A deck, including a landing place or uncovered porch, may extend into the minimum required front yard a distance not exceeding 8 feet, if the deck, landing place or porch has its floor no higher than the entrance floor of the building. An open railing no higher than 3 feet may be placed around the structure.
      (3)   An existing deck or uncovered porch which does not meet the current setback requirements may be rebuilt to either the same or a lesser dimension without the need for a variance.
      (4)   Decks, landing places and uncovered porches shall comply with other existing setback requirements for principal structures.
   (B)   The following shall not be considered to be encroachments of yard requirements:
      (1)   Cornices, chimneys, sills, canopies, flues, eaves or gutters, provided they do not extend more than 2.5 feet into any required yard;
      (2)   Uncovered porches or stoops no greater than 16 square feet in size, or terraces, patios, or steps, provided, that they do not extend above the height of the first-floor level of the principal building and do not extend to a distance less than 5 feet from any side or rear lot line;
      (3)   Windows or similar bays or window wells, provided they do not exceed a depth of 3 feet, nor contain an area of more than 30 square feet;
      (4)   Fire escapes, provided that they do not exceed a width of 3 feet;
      (5)   Fences as regulated by §§ 153.130 et seq.;
      (6)   Planters, sandboxes or lawn ornaments, provided that they accumulatively occupy no more than 36 square feet in area and do not exceed 3 feet in height;
      (7)   Playground equipment and other structures placed in public parks by the city;
      (8)   Flagpoles on residential lots, provided that:
         (a)   Only one flagpole is permitted on any lot;
         (b)   The pole is no more than 5 inches in diameter and 30 feet high when installed;
         (c)   Is set back at least 10 feet from public rights-of-way and adjoining property lines; and
         (d)   Is located so as not to interfere with any utility line or with the maintenance, repair, or replacement thereof.
   (C)   Balconies, breezeways, sun porches, 3 season porches and the like which extend above the height of the ground level of the principal building shall be subject to required setbacks.
   (D)   The required front yard of a corner lot shall not contain any wall, fence or other structure, tree, shrub, or other growth that may cause danger to traffic on a street or public road by obscuring the view.
   (E)   More than one institutional building may be erected upon a single lot or tract, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such buildings, nor shall there be any change in the area requirements.
   (F)   Notwithstanding any setback requirements to the contrary, open air, uncovered handicapped accessibility ramps may be constructed on any required yard setback area, provided that the construction conforms to the Uniform Building Code and that any such ramp shall be removed within 30 days of the date on which a handicapped person no longer resides on the property.
(Ord. 109, 5th Series, passed 6-3-1999; Am. Ord. 115, 5th Series, passed 6-5-2001; Am. Ord. 36, 6th Series, passed 5-5-2009)