A required yard or court shall, at all times and in every part, be unobstructed by any permanent or temporary human-made object from its lowest point to the sky; however, the following obstructions shall be permitted:
(A) Walks and driveways of normal and reasonable area.
(B) Fences as permitted under this chapter.
(C) Outdoor furniture that is readily movable, such as chairs, tables, lounges, and sun umbrellas.
(D) Awnings or canopies above a door or window in a residential district; provided, such awnings or canopies do not extend into a required side yard more than four feet.
(E) Heating, ventilating, refrigerating, condensing, or back-up electrical generator equipment, or combinations thereof may be placed in a required rear yard; provided, that there be no more than two such (three if one is a back-up generator) obstructions and that no such obstruction shall extend more than four feet above the ground at the point of the obstruction and that such obstructions do not occupy more than 12 (16 if includes a back-up generator) square feet of the required rear yard, and further; provided, that such obstructions be placed as close to the residence for which the required rear yard is provided as is reasonably possible. Similar equipment may be permitted in any side yard but may not be placed closer to the side yard property line than the required side yard setback. No similar equipment is permitted in the front yard of any structure. Utility meters may not be installed on the wall of any structure facing a street. Utility meters may be placed above grade on the side or rear wall of any structure.
(F) Self-contained window type air conditioning equipment not exceeding one ton capacity may project into a required yard for not more than two feet.
(G) The ordinary projection of chimneys, belt courses, cornices, and ornamental features; provided, that such obstruction shall not project more than 18 inches into a required yard. Bay windows may project not more than 24 inches into a required yard but may not occupy more than 20% of the wall length.
(H) Steps, slabs, covered and uncovered stoops, and platforms leading to an entrance door; provided, that no such obstruction shall project into a required side yard more than three feet or into a required front yard more than five feet.
(I) Paved patios, paved terraces, and decks may be erected in accordance with the following:
(1) Paver patios and decks are not allowed in the required front yard, but can be located in the side and rear yards as follows:
(a) When located in the rear yard and less than six inches above grade, the edge of the patio can be no closer than one foot from a neighboring property line, otherwise it must be no closer than three feet.
(b) When located in a side yard and less than six inches above grade, the edge of the patio can be no closer than one foot from a neighboring property line, if between six inches and three feet above grade, it can be no closer than three feet. If greater than three feet above grade it must adhere to the side setback calculation as outlined in § 151.086(C).
(2) Any feature incorporated into patio design (e.g. arbor, pergola, bench) that extends above three feet from grade will be required to be setback as follows:
(a) Be no closer than three feet to a property line when in the rear yard.
(b) Adhere to setback requirements when in the side yard.
(c) No feature can extend higher than 15 feet in either the side or rear yard.
(3) Patios must be constructed on a four inches deep compacted base and run-off from the patio area must be directed to a storm sewer or drainage swale, and not to a neighbor's property.
(4) Any paved patio, terrace, or deck used as a sports area or as a swimming pool shall be located no closer than 30 feet from any property line and shall not occupy more than the equivalent of 25% of the required rear yard, with the following exception: if such uses are clearly a subordinate use, such as a basketball pole on a driveway, they shall be subject to the minimum side yard setbacks for that property as specified in this chapter for the primary structure.
(J) Hot tubs and spas are a permitted obstruction if satisfy the following requirements:
(1) Rest on grade (on top of a paved surface or paver stones) or rests on an elevated deck designed for the load. A hot tub that is partially or fully below grade will be considered a swimming pool. A hot tub placed directly on soil/yard is not allowed.
(2) Be less than 80 square feet in surface area. Area greater than 80 square feet will be considered a swimming pool.
(3) Have a depth of water in any portion greater than two feet but less than four feet. Water levels less than two feet will be considered a "kiddie pool" and are not regulated by this code. Water depths greater than 4ft will be considered a swimming pool.
(4) Electrical supply not limited to support heating, pumping, recirculating, or sanitizing of water must be separately permitted thru IBI.
(5) Equipped with a lockable cover when not in use or unsupervised or be contained inside an approved fencing as described in § 151.103(D) suitable for a swimming pool.
(6) Located in the rear yard only, with additional requirements:
(a) No portion of the hot tub extends beyond the side walls of the principal structure nor closer than ten feet from a side neighbor property line.
(b) No portion of the hot tub extends further than 15 feet from the principal residence rear facing wall
(c) No portion of the hot tub is closer than ten feet from the rear property line.
(d) For corner lots, if hot tub is positioned along public street, a six feet privacy fence is required per § 151.02.
(7) Additional landscaping or privacy fence feature may be needed as determined by the Building Department.
(K) Swimming pools shall adhere to the requirements set forth in division (I)(4) above and § 151.060(A)(3)(b).
(2000 Code, § 151.087) (Ord. O-4-96, passed 3-25-1996; Ord. O-8-98, passed 1-12-1998; Ord. O-12-06, passed 12-26-2006; Ord. O-16-22, passed 5-23-2022; Ord. O-27-22, passed 11-14-2022)