(4) Decks other than Roof Decks.

All decks, except for decks in CMX-4 and CMX-5 districts, are subject to the following requirements:

(a)   Fences, Guard Rails, and Privacy Screens. 694

Fences or guard rails used to enclose decks may not exceed 42 in. in height, except that privacy screens up to 60 in. in height and no more than fifty percent (50%) opaque may be installed on the sides of decks that are parallel to side lot lines and located within 18 in. of a side lot line that is not also a street line.

(b)   Front Yard.

Decks are prohibited in required front yards.

(c)   Side Yard.

Decks are prohibited in required side yards.

(d)   Rear Yard.

Decks are permitted between the rear wall of the building and the rear property line, provided the following conditions are met:

(.1)   Roof, Walls, Stairs.

A deck may not be enclosed by walls or a roof above the usable surface of the deck, nor may it be enclosed by walls below the usable surface of the deck. Decks and similar attached structures with covers or walls are considered part of the principal building and must comply with all yard and other requirements that apply to the principal building. Stairs from the ground level to the deck are permitted except in the case of attached buildings, where steps from the ground to the deck are prohibited.

(.2)   Access to Garage.

Decks may not be constructed or located to prevent vehicular access to any existing garage whether or not the garage is providing required off-street parking.

(.3)   Minimum Distance from Driveway, Rear Lot Line, and Required Rear Yard.

A deck may not encroach into the required rear yard unless it complies with the following:

(.a)   It is constructed such that the floor level of the deck is at or below the floor level of the first story which is fully above grade; and

(.b)   It is not, at any point, closer than three ft. from a rear lot line serving two or more lots or the edge of any common driveway.

(.4)   Minimum Distance from Lot Lines.

Decks must be constructed so that all vertical support elements are located a minimum distance of 18 in. from all lot lines.

 

Notes

694	Amended, Bill No. 161003-A (approved May 8, 2017).