§ 29-04-060. Carports, decks and terraces.

(a)

Definitions. For purposes of this section, the following terms or words shall be interpreted as follows:

Carport, attached. A canopy or shed open on at least three (3) sides and attached to the principal building and structurally dependent (totally or in part) on the principal building for the purpose of providing shelter for one (1) or more vehicles.

Carport, detached: An open-sided, freestanding roofed structure designed for a parked car, with one (1) or more walls, or as few as none, that is not attached to and structurally independent of the principal building.

Carport, portable : A detached manufactured accessory building customarily used for the shelter or storage of vehicles and/or watercraft, including canopies used for such, which can be easily moved without disassembly, after removal of any tie-down other anchoring provisions intended to compensate for wind displacement, and which is generally a frame covered by lightweight membrane material.

Deck. Any structure which serves as a raised horizontal platform on floor constructed of wood or other materials, without enclosing walls or roofs. An attached deck is any deck which is physically connected to the principal building or accessory structure. A detached deck is any deck which is not physically attached to the principal building or accessory structure.

Terrace. An unenclosed, relatively level, landscaped, and/or surfaced area, also referred to as a patio, directly adjacent to a principal building at or within one (1) foot of the finished grade and not covered by a permanent roof.

(b)

Permitted accessory use. A portable or detached carport is a permitted accessory building in the required front or rear yard of any zoning district in which a single family dwelling, two-family dwelling, and a multiple family dwelling use containing no more than four (4) residential units is allowed.

(c)

Restrictions.

(1)

An attached, portable or detached carport, a deck, , or a terrace located on a lot with its principle use being a detached single family dwelling, two-family dwelling, and a multiple family dwelling containing no more than four (4) residential units, may encroach into the required front yard setback for a distance not exceeding ten (10) feet upon obtaining an encroachment permit, subject to the following restrictions:

a.

Decks and carports may not encroach into any utility easement.

b.

Terraces may extend to the front property line. A terrace may encroach into or over a utility easement, provided, however, the property owner, at the owner's expense, shall remove any portion of the terrace that encroaches into or over a utility easement within thirty (30) days following written notice and as directed by the city.

c.

Carports.

1.

For detached single family dwelling uses, the maximum width of a carport shall be limited to the greater of twenty (20) feet or one-third ( 1/3 ) of the width of the front property line. For any two-family dwelling use, one (1) portable carport or detached carport will be permitted for each dwelling unit with the maximum width of each carport being limited to sixteen (16) feet. For any multiple family dwelling use containing no more than four (4) residential units, one (1) portable carport or detached carport will be permitted for each dwelling unit with the maximum width of each carport being limited to ten (10) feet.

2.

The sides of the carport that are parallel to the side yards and the backside shall remain open above the height of three (3) feet and below the height of eight (8) feet. The side located parallel to the front property line must remain open. No garage doors or gates obstructing access into the carport shall be permitted. All openings must be unobstructed by walls, screens, lattice work or similar features that would create an enclosed space or obstruct visibility.

3.

The roof height of the carport shall not exceed the height of the first floor of the principal structure. All heights shall be measured from the average ground elevation at the perimeter of the carport.

(2)

An attached carport may encroach into the required side setback and may extend to the property line upon obtaining an encroachment permit, provided it does not encroach into any utility easement and subject to the following restrictions:

a.

The maximum length of a carport shall be limited to the depth of the principal structure to which it is attached;

b.

The sides of the carport, other than the attached side, shall remain open. No garage doors or gates obstructing access into the carport shall be permitted. All openings must be unobstructed by walls, screens, lattice work or similar features that would created an enclosed space;

c.

The roof height of the carport shall not exceed the height of the first floor of the principal structure. All heights shall be measured from the average ground elevation at the perimeter of the carport;

(d)

Encroachment permit required. It shall be unlawful for any person to locate a carport or deck in the front yard setback, or in the case of an attached carport in the side yard setback, without an encroachment permit.

(1)

Application. An application for an encroachment permit shall be made in the form prescribed by the city and accompanied by a complete plan in detail of the proposed encroachment.

(2)

Approval. The city manager, or his/her designee, may, after investigation, approve, modify or reject an application for an encroachment permit. In reviewing a request for a carport within the required front or side-yard setback, the city manager, or his/her designee, shall consider the following:

a.

The presence and/or absence of a functional garage on the residential lot, parcel or tract;

b.

Whether the dwelling was originally built with a one-car garage or no garage.

c.

Whether the front carport would afford the only opportunity to provide covered parking on the lot;

d.

The viability of access to the side and rear yard;

e.

The size, height, and design of the carport and its impact on adjacent properties; and

f.

Whether the lot has alley access such that rear parking is available as an alternative to a front or side carport.

Any person or persons aggrieved by the decision of the city manager, or his/her designee, may appeal such decision to the city commission in the manner provided for in article 29-08 of this chapter.

(3)

Revocation. All encroachment permits shall expire one (1) year from the date of issuance but shall automatically renew each year for an additional one (1) year, unless the city provides a written notice to the permit holder, by ordinary mail, that the permit will not be automatically renewed. All permits are subject to revocation prior to expiration provided that the city provides at least twenty (20) days notice of its intent to revoke the permit and provides the opportunity for a hearing thereon.

(e)

No terrace, deck or carport may be located in such a manner that creates a traffic or pedestrian safety hazard.

(f)

All terraces, decks or carport shall meet all applicable building codes.

(Code 1960, § 11-11-6; Ord. No. 1234, § 1, 3-22-05; Ord. No. 1383, 12-7-10)