§ 44-92. Yard encroachments.

Outside stairways, fire escapes, fire towers, porches, platforms, balconies, boiler flues and other similar projections shall be considered as part of the building and shall not encroach into the required space for yards or courts or occupied space. However, there shall be permitted certain exceptions to this requirement as limited and restricted hereinafter:

(1)

Permitted exceptions for such projections shall be:

a.

One chimney or one fireplace, limited to not more than eight feet in length and projecting not more than 12 inches into the allowable side yard space.

b.

Cornices, limited to not more than 16 inches in width, including the gutter.

c.

Platforms, terraces, steps below the first floor level.

d.

Unenclosed porches or other ground-level, unenclosed projections not over one story in height.

(2)

Limitations governing the projections, as so permitted, shall be:

a.

Provided, however, that in an R-1, R-1-T or R-3 district, such excepted projections:

1.

Shall not extend more than eight feet beyond the established front building line;

2.

Shall not extend beyond any building line established across the rear of the lot;

3.

Shall not extend nearer than three feet from an interior side lot line or nearer than five feet from a side lot line abutting upon a street;

b.

And in no case shall any projection extend beyond any established building line in a C-1, C-2, C-3, M-1, M-2 or M-3 district.

(3)

A special exception for deck projections is also hereby permitted but, as in this subsection, limited and restricted:

a.

On waterfront lots, a deck will be allowed on the water side. The deck must be constructed with approved materials. Side rails may not exceed 36 inches and shall be of open construction which does not obstruct the adjacent property's view of the water. The deck will be limited to the width of the house, and allowed only in the yard area behind the house.

b.

A deck may be built over the protective berm if the condition of the berm is certified by the city engineer. Residents must maintain the berm according to city specifications (577.2 feet, at sea level), subject to yearly inspection by the city engineer. A deck shall not be built over a protective berm in such a manner if such would prevent inspection and maintenance of the berm.

c.

A deck attached to the house may extend to the water, or provide walkways to water side dock or deck; it may not overhang on the water side. Providing that the total coverage of deck and walkways does not exceed 40 percent of the water side yard coverage. The deck may not be nearer than three feet from interior side lot line or nearer than five feet from side lot line where abutting upon a street.

d.

Construction of all decks will require a building permit, submission of detailed plan of construction, and site plan approval.

(Code 1969, § 5.39; Code 1977, § 28-67; Ord. No. 170, 6-26-1989)