§ 153.072 PERMITTED YARD/SETBACK ENCROACHMENTS.
   (A)   Encroachments allowed; all residential. The following shall be considered as permitted encroachments within required residential yard setbacks for detached single-family or two-family dwellings:
      (1)   Attached accessory structures.
         (a)   Cantilevers up to ten feet in width, chimneys, flues, pilasters, pergolas, sills, lintels, canopies, ornamental features, cornices, rain leaders, eaves, gutters, and the like, provided they do not project more than two feet into a yard.
         (b)   Exceptions.
            1.   Balconies, at least eight feet or more above the ground, may project four feet into a required front yard or rear yard and two feet into a required side yard.
            2.   Unenclosed and uncovered rear yard landings/decks and associated stairs may project four feet into a required rear yard.
      (2)   Unattached accessory structures. Recreational equipment, laundry drying apparatus, arbors, trellises, pergolas, gazebos, air conditioning/heating equipment, and the like, shall be allowed only in a rear or side yard, provided they are at a distance of five feet from any lot line.
   (B)   Encroachments allowed; original residential. The following shall be considered as permitted encroachments within required residential yard setbacks for detached single-family or two-family dwellings on lots platted prior to 1990 and/or homes built prior to 1990:
      (1)   Uncovered accessory structures. Terraces, steps, decks, uncovered porches, stoops, or similar accessory structures, limited to not more than a height of three feet above grade may extend to within five feet of a side yard lot line and 15 feet of a rear yard lot line, but not more than five feet into a required front yard or side yard adjacent to a public right of way.
      (2)   Covered and/or enclosed entrances. One-story entrances, not exceeding 50 square feet in size, including but not limited to covered/enclosed porches, and the like, may extend into the front yard setback not more than five feet. In no case shall such entrances be setback less than 20 feet away from the public right of way.
   (C)   Commercial and higher density residential properties shall require site plan review.
   (D)   No encroachment shall be permitted in existing or required drainage and utility easements.
(Ord. 2012-254, passed 10-25-2012)