Certain architectural features, fences, walls and hedges may project into, or be located in, required yards as follows:
(A) Cornices, eaves and sills not more than two feet into any required yard;
(B) Balconies, bay windows and chimneys not more than three feet into front yards, or two feet into side and rear yards;
(C) Patios and open decks may be located in side yards and rear yards; provided that, they are not closer than three feet to any adjacent property line. In the case of a corner lot, patios or decks shall be subject to the regular street side yard requirements of the district;
(D) Upon approval of the Building Official, open sided carports may be located in front yards (or, in the case of a corner lot, in the side yard); provided that, they are not closer than five feet to any front property line, and do not exceed the eave height of the existing dwelling;
(E) An open fire escape not more than four feet into rear yards; provided that, such structure does not obstruct ventilation or light;
(F) Any fence, wall, hedge, shrubbery and the like, no higher than a baseline extending from a point two and one-half feet above front walk grade to a point six feet above walk grade at the depth of the front yard, single trees having single trunks which are pruned to a height of seven feet above walk grade. Corner lots where the side yard on the street side is required to be the same as the front yard, shall also observe front yard regulations with regard to fences, walls, hedges, shrubbery and the like on the side street except that the City Commission may, by special ordinance, permit the construction of a fence not to exceed eight feet in height, which does not project more than five feet into the required side yard setback area;
(G) No object, or combination of objects, including, but not limited to, any structure, fence, wall, screen hedge, tree, bush, shrub, billboard or mound of earth, terrace, bank or barrier shall be erected, placed, planted or maintained on any corner lot in such a manner as to create a traffic hazard by obstructing the view of the drivers of motor vehicles using the streets adjacent thereto. The natural existing terrain shall be excluded from the objects otherwise prohibited by this division (G). And said object, or combination of objects, erected, placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half feet above the top of the adjacent roadway curb and eight feet above the top of the adjacent street curb, or if there is not a curb, then from the average street grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines, the right-of-way lines and a point on each such right-of-way line 35 feet from the intersection, shall be prima facie evidence that said object, or combination of objects, so erected, placed, planted or maintained is an obstruction constituting a traffic hazard. The triangular area of visibility as provided herein is further described and depicted by the drawing at the end of this section; and/or
(H) Any object or combination of objects, placed, planted or maintained in violation of this division (H), shall be removed upon written notice by certified mail from the Building Official of the city, or his or her representative, to the owner, agent or occupant of the premises where such obstruction has been erected, placed, planted or maintained. Failure of the owner, agent or occupant to remove such an obstruction within ten days after receipt of such notice shall constitute a violation of this chapter.
(1998 Code, App. A, § 40-61) (Ord. 00-54, passed 9-6-2000; Ord. 02-01, passed 2-6-2002)