§ 153.039 DECKS, PATIOS AND PORCHES.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DECK. An unenclosed platform serving as a floor and located above the finished grade, which may be either attached or detached, and is built on a foundation, piers, or blocks.
   PATIO. An unenclosed surfaced area located outside at the finished grade which is paved and used for dining, lounging or other recreational purposes.
   PORCH. A platform projecting from the wall of a building at either ground level or the first story above grade with direct access to or from the building. A porch has a roof or roof-like structure and forms a covered entrance.
   (B)   Decks. All decks built or modified after the effective date of this section shall comply with the following standards:
      (1)   No deck shall be substantially altered or erected without first obtaining a deck permit. Plans indicating specific location and material shall accompany the permit application filed with the Building and Zoning Administrator.
      (2)    Encroachment into setbacks is prohibited, except in the RE-1 zoning district where a deck may extend into the required back yard by up to 10 feet. Said encroachment shall not be allowed for those lots on which a variance has been granted. In such cases, the setbacks defined therein shall apply.
      (3)   The maximum height of a deck floor shall be grade level or even with the adjacent first floor level in the dwelling.
      (4)   A deck shall not be constructed in any easement.
      (5)   Decks shall not be subject to lot coverage limitations.
   (C)   Patios. All patios built or modified after the effective date of this section shall comply with the following standards:
      (1)   No patio shall be substantially altered or erected without first obtaining a patio permit. Plans indicating specific location and material shall accompany the permit application filed with the Building and Zoning Administrator.
      (2)    Encroachment into setbacks is prohibited, except in the RE-1 zoning district where a patio may extend into the required back yard by up to 10 feet. Said encroachment allowance shall not be allowed for those lots on which a variance has been granted. In such cases, the setbacks defined therein shall apply.
      (3)   A patio shall not be constructed in any easement.
      (4)   Patios shall not be subject to lot coverage limitations.
      (5)    Paving bricks are permitted.
      (6)   Concrete construction requirements:
         (a)   Concrete shall be a minimum of 4" below top of building foundation and pitch away from building at ¼" per foot.
         (b)   Drainage shall not be directed onto neighbors' properties.
         (c)   Concrete shall be a minimum of 4" thickness on 4" granular fill.
   (D)   Porches. All porches built or modified after the effective date of this section shall comply with the following standards:
      (1)   No porch shall be substantially altered or erected without first obtaining a porch permit. Plans indicating specific location and material shall accompany the permit application filed with the Building and Zoning Administrator.
      (2)    Encroachment into setbacks is prohibited.
      (3)   A porch shall not be constructed in any easement.
      (4)   A porch shall be subject to lot coverage limitations.
(Am. Ord. 2008-56, passed 10-14-2008)