§ 30-630.9. Permitted projections and encroachments in yards and courts.

(a)

Sills, siding, belt courses, eaves, gutters, normal roof overhangs, chimneys, pilasters and similar architectural features may project into any required yard or court pursuant to this chapter. Bay windows elevated not less than 18 inches above the adjacent finished floor level may project not more than two feet into any required yard or court.

(b)

Fences and walls not exceeding 6½ feet in height may be located within any required yard or court, except that in the R-6, R-7 and R-8 districts fences and walls located within required front yards shall not exceed four feet in height. In the R-63 district, no fence or wall located within any front yard shall exceed four feet in height. An additional 1½ feet of height shall be permitted for posts, columns and gates for fences and walls in all districts. For purposes of this section, the height of a fence or wall shall be measured from the ground level at the base of the fence or wall.

(c)

Permitted signs and poles, posts and other customary yard ornaments and accessories may be located within any required yard or court, provided that facilities for the deposit and collection of trash or refuse shall not be located within any required front or street side yard.

(d)

Open or enclosed fire escapes and outside stairways required by law may project into required yards a distance of not more than four feet. Ramps providing means of ingress or egress required by law may project into required yards when such ramps cannot be located elsewhere in compliance with applicable yard and ingress or egress requirements.

(e)

Unenclosed porches, balconies and steps may project into required front yards a distance of not more than ten feet, except that in the R-8 district such projection shall not exceed five feet. The width of such projection shall not extend beyond the sidewalls of the portion of the main building to which it is attached or into an extension of the required side yards on the lot, whichever is greater.

(f)

Except in the R-7 and R-8 districts, an enclosed vestibule containing not more than 40 square feet in area may project into a required front yard a distance of not more than four feet.

(g)

Open balconies and uncovered porches may project into required side and rear yards and required courts a distance not to exceed 20 percent of the required width of such yard or court.

(h)

Except in the R-7 and R-8 districts, an unenclosed covered porch that projects into a required yard may be enclosed, provided that such porch was existing on April 25, 2005, and is attached to a single-family detached dwelling, except that when such porch is located on the architectural front of the dwelling, such enclosure shall not project more than ten feet into a required front yard and shall not contain more than 100 square feet of floor area may be enclosed for purposes of providing a vestibule or sheltered means of ingress to and egress from a dwelling, provided that such enclosed porch shall not be designed, equipped or arranged for habitable living space.

(i)

An unenclosed porch or deck attached to or abutting a dwelling use having a nonconforming side yard may project into the required side yard to an extent no greater than the abutting portion of the main building, provided that the depth of such porch or deck shall not exceed ten feet and provided, further, that such porch or deck shall not extend within six feet, as measured horizontally, of any window or door containing a window in a wall of a dwelling use on an adjacent lot.

(j)

Handrails and guardrails, not exceeding 42 inches in height, provided for decks, porches, balconies and stairs shall be exempt from all yard requirements and related height and encroachment limitations imposed by this chapter. Decks and porches may be attached to permitted fences and walls.

(Code 1993, § 32-630.9; Code 2004, § 114-630.9; Ord. No. 2003-183-130, § 1, 5-27-2003; Ord. No. 2005-50-45, § 1, 4-25-2005; Ord. No. 2006-197-217, § 4, 7-24-2006; Ord. No. 2010-18-30, § 5, 2-22-2010)

(Code 1993, § 32-630.9; Code 2004, § 114-630.9; Ord. No. 2003-183-130, § 1, 5-27-2003; Ord. No. 2005-50-45, § 1, 4-25-2005; Ord. No. 2006-197-217, § 4, 7-24-2006; Ord. No. 2010-18-30, § 5, 2-22-2010)