§ 25-2-513. OPENNESS OF REQUIRED YARDS.

(A)

Except as otherwise provided in this section, a required yard must be open and unobstructed from finished grade to the sky. This restriction does not apply to a yard or part of a yard that is not required by this article.

(B)

A window sill, belt course, cornice, flue, chimney, eave, box window, or cantilevered bay window may project two feet into a required yard. The two foot limitation does not apply to a feature required for a passive energy design.

(C)

Uncovered steps or a porch or stoop that is not more than three feet above ground level may project three feet into a required yard.

(D)

A parking area may be located in a required yard, unless prohibited by Article 10 ( Compatibility Standards ).

(E)

In a townhouse and condominium residence (SF-6) or more restrictive district, a pool, including a swimming pool, reflecting pool, or fountain, may be located in a required yard.

(F)

Landscaping may be located in a required yard.

(G)

This subsection applies to a building located in a multifamily residence medium density (MF-3) or more restrictive district. A covered porch that is open on three sides may project five feet into a required front yard, a street side yard, or both.

(H)

A ramp for a new or an existing single-family or duplex residential unit may be constructed in a required yard if:

(1)

a person with a disability requires access to a dwelling entrance that meets the requirements of the Residential Code, Section R320.6 (Visitable dwelling entrance);

(2)

the ramp:

(a)

is no wider than 48 inches, except that any portion of a landing for the ramp required for turns may be no wider than 60 inches;

(b)

may have a hand railing, but may not have a roof or walls; and

(c)

the building official determines that the ramp will not pose a threat to public health and safety; and

(3)

encroachment into the required yard:

(a)

is the minimum amount necessary to provide access for a person with a disability;

(b)

does not extend more than three feet into a side yard setback; and

(c)

is not located in a rear yard setback unless:

(i)

the dwelling is located on a corner lot;

(ii)

access is from an alley; or

(iii)

another requirement of this title prohibits location of the ramp in the front or side yard.

Source: Section 13-2-610; Ord. 990225-70; Ord. 031211-11; Ord. 040826-67; Ord. No. 20140522-078, Pt. 1, 6-2-14 ; Ord. No. 20151217-093, Pt. 1, 12-28-15 .