§ 36-1256. Exceptions to setback requirements.  


Latest version.
  • The following shall not be considered as encroachments into required setbacks:

    (1)

    Overhanging eaves not supported by posts or pillars, which do not project more than three feet into the required setback and which are not within three feet of a lot line.

    (2)

    Sidewalks and driveways, but not patios.

    (3)

    Fences which do not exceed the height limitations imposed by division 2 of this article.

    (4)

    Awnings and canopies attached to the principal building and not supported by posts or pillars, which do not project more than three feet into the required setback and which are not within three feet of a lot line.

    (5)

    Flagpoles, light poles and fixtures.

    (6)

    Clotheslines and outdoor fireplaces in the rear yard only.

    (7)

    Bus shelters which have been approved by the city engineer.

    (8)

    Unenclosed steps or stoops not exceeding 50 square feet in area.

    (9)

    Fireplaces projecting not more than two feet into the required setback and not exceeding ten square feet in horizontal area.

    (10)

    Underground storage tanks, conduits and utilities.

    (11)

    Portions of principal and accessory buildings or structures which are located completely underground, which are not visible from the surface of the ground and which do not encroach more than one-half of the distance into that part of the required setback nearest the principal or accessory building.

    (12)

    Trees, shrubs and other vegetation.

    (13)

    Retaining walls.

    (14)

    Freestanding basketball posts, backboards and goals adjacent to a driveway.

    (15)

    Unenclosed overhanging eaves or porches supported by posts or columns not exceeding 80 square feet in area, that are not closer than 20 feet to a front property line, three feet to a side property line or ten feet to a side street.

(Code 1970; Code 1992, § 850.07(6))