§ 85-879. Yard encroachments.

Every part of a required yard shall be open and unobstructed by any building or structure from its lowest point upwards, except as follows:

A. 

Accessory buildings and structures are permitted in the rear yards and non-required side yards in those districts in which they are specifically permitted.

B. 

Awnings, sills, cornices, buttresses and eaves may project not more than two feet over or into any required yard.

C. 

Walks not wider than four feet and not above grade greater than eight inches at any point constructed of any material, strips and steps for negotiating ground slopes, retaining walls, hedges and natural growth, fences, paved terraces and paved areas which are not roofed over and are unenclosed except for an open guardrail not over three feet in height, all accessory to and customarily incidental to the principal use, are permitted in yards; provided, however, that a strip four feet in width adjoining the lot shall be unobstructed by any structure or feature that is higher than two feet above the ground level, except a fence, hedge or natural growth or retaining wall.

D. 

Unenclosed one-story roof-over porches.

[Added 3-27-2019 by L.L. No. 8-2019, effective 4-1-2019; amended 10-3-2019 by L.L. No. 22-2019, effective 10-16-2019]

(1) 

Unenclosed one-story roof-over porches to building entrances in the front of the building, not greater than the width of the principal building, excluding attached garages, may extend not more than six feet into the required front yard. Notwithstanding the dimensions herein, in no instance may said porch encroach closer than 24 feet from the front lot line. For purposes of this section, a handicap accessibility ramp shall be a permitted encroachment into any yard.

(2) 

Unenclosed one-story roof-over porches to building entrances on the side, rear or secondary fronts, not greater than eight feet in width, may extend not more than four feet into any required side, rear or secondary front yard. For purposes of this section, a handicap accessibility ramp shall be a permitted encroachment into any yard.

E. 

Openwork fire balconies, fire escapes and exterior entrances into basements may extend not more than five feet into a required yard.

F. 

Chimneys and flues may extend not more than two feet, for a length not exceeding 10 feet, into a required yard.

G. 

Unenclosed ground-level or first-story decks may extend into the required side yard, required rear yard or non-required front yard, but may not exceed the setback requirements for accessory structures. No part of any deck greater than four feet in height above the surrounding ground level may be located closer than 15 feet to a side or rear property line.

H. 

Unroofed steps to building entrances, not wider than eight feet and with each step not deeper than 12 inches.

I. 

Playground equipment, swing sets, generators and pool equipment located in the secondary front yard shall be set back twice the distance required under applicable zoning district setback requirements.

[Added 10-3-2019 by L.L. No. 22-2019, effective 10-16-2019]