§ 40-741. Projections into open areas.

(a)

Every part of a required yard shall be open to the sky except where necessary buildings are permitted in that portion of a rear or side yard and except for the ordinary projections of sills, belt course, cornices and ornamental features projecting, not more than eighteen (18) inches, provided, however, that a roof, a gutter and eaves may project to the extent of four (4) feet into a required front, rear, and side yard, if a minimum distance of two (2) feet remains open to the sky between the farthest projection of the roof, gutter or eaves and the side property line. Walls of residential fireplaces shall not project nearer than three (3) feet to the side lot line and shall not exceed eight (8) feet in total length.

(b)

A porte-cochere, carport or canopy may project in a portion of a required side yard provided that part of the projection of such porte-cochere, carport, or canopy is unenclosed, on the side nearest the front property line and on the side nearest the side lot line; provided further, that this projection is removed at least three (3) feet from the nearest side lot line and does not extend more than forty (40) feet in length or more than thirteen (13) feet in height, provided further, that where a storage or utility room is combined with the carport, that the side wall of said storage or utility room shall not be nearer than three (3) feet to the side lot line; provided further, that in required side or front yards adjacent to streets, canopies may be located in required side or front yards adjacent to streets on lots occupied by churches, schools, hospitals, clinics, funeral homes, hotels, public buildings and institutions of philanthropic, educational, religious or eleemosynary nature.

(c)

An open unenclosed, uncovered porch, terrace, or steps not greater in elevation than the lowest floor, as defined in Chapter 14 Flood Damage Prevention Ordinance of this Code, may project into a required front yard a distance of not more than ten (10) feet, but in no case more than half the distance from building line to the front property line; or project into a required side yard to a point not closer than five (5) feet to any side lot line, except as provided in section 40-738 of this Code for the elevation of existing one- and two-family dwellings, including townhouses. This shall not be interpreted to include or permit fixed marquees or canopies except where otherwise provided herein.

(d)

[ Reserved. ]

(Ord. No. 20783, § 3(XX(6)), 9-22-99; Ord. No. 23330, § XXXVII, 6-11-08; Ord. No. 24860 , § 6, 11-5-14)