§ 52-40a. Carports.

All carports on any lot or tract which is zoned for single family detached dwelling use and which infringe or are proposed to infringe upon the setbacks established by the zoning on said lot or tract shall be governed by this section instead of section 52-40.

(a)

Carports which meet all setback, height and area regulations of the zoning district need only have additionally, a lawfully issued building permit to be allowable under the zoning ordinance. Carports which infringe in whole or in part upon the setbacks established by the zoning district must meet all of the following criteria:

(1)

Comply with the building code, save and except provisions in the building code relating to zoning use, height and setback regulations, in effect at the time of permitting, including but not limited to getting a building permit.

(2)

The carport roof and any supports shall observe all of the following minimum setbacks:

a.

Ten (10) feet from an improved public sidewalk;

b.

Twenty (20) feet from the paved portion of a public street that has no curb and gutter;

c.

Twenty (20) feet from the back of curb of a curb and gutter public street;

d.

Ten (10) feet from any street right-of-way;

e.

Three (3) feet from a side property line;

f.

One (1) foot from a rear property line which abuts an improved public or private alley; and

g.

Three (3) feet from a rear property line which does not abut an improved public or private alley.

(3)

The height of the lowest eave line of the carport shall not exceed ten (10) feet or be higher than the lowest eave line of the residence, whichever is lower, provided that the carport eave line shall not be lower than seven (7) feet.

(4)

The carport shall be used solely for the parking of not more than two (2) vehicles, and not for any other purpose, including storage of any type.

(5)

That portion of a carport within a zoning setback area shall be at least eighty (80) percent open on the sides and not more than twenty (20) percent of the sides may be obscured by posts, trellises, facia around the edge of the roof or other architectural features.

(6)

The entire area beneath the roof of the carport shall be paved with concrete or asphalt to within at least two (2) feet of the edge of the roof line. In addition, the driveway leading from the carport to the street shall be paved with asphalt or concrete.

(7)

In the case of a carport wholly or partly within the required front yard setback:

a.

Only one such carport shall be allowed on any one lot or tract; and

b.

The carport must be within a duly authorized front yard carport block.

(8)

The carport must not intrude or overhang into any type of public utility or public drainage easement.

(9)

The placement of the carport must not violate the requirements of subsection (g) of section 52-44 of the zoning ordinance.

(10)

In the case of corner lots, a carport within the required side yard setback of the side which abuts a street:

a.

Only one such carport shall be allowed on any one lot or tract; and

b.

If said side yard abuts a front yard on a different lot or tract, said front yard must be within an approved front yard carport block.

(b)

(1)
A front yard carport block means the shortest portion of a street upon which any single family home fronts, and will include all front yards on both sides of the street within the following limits:

a.

A street between two (2) through intersecting streets;

b.

An entire cul-de-sac from the intersecting street through the turnaround section (dead-end streets shall be treated in the same manner as cul-de-sacs); or

c.

In the case of T-intersections offset by less than sixty (60) feet, such intersections shall be considered through intersections. All other T-intersections shall not be boundaries for front yard carport blocks.

(2)

To apply for approval of a front yard carport block, an applicant must submit an application contains the following information to the department of community development:

a.

A schematic diagram showing the portion of the street between intersecting streets over which a front yard carport block is desired, and all the street addresses within such block;

b.

The name, address and signature of an owner of land located within said front yard carport block, along with a statement that the applicant is authorized by the owner to make this application;

c.

The zoning district or districts which apply to the said front yard carport block;

d.

Any other information requested by the department of community development or the planning and zoning commission; and

e.

A filing fee equal to the amount of the fee for a zoning board of adjustment case.

(3)

The department of community development shall send notice of the requested carport block to all owners of property within the proposed front yard carport block as shown on the most recently approved tax roll and shall send notices to all single family residential addresses within the area of the proposed front yard carport block which are different from the address of the owner. Such notices shall delineate the area of the proposed carport block, provide the date of the public hearing, and be sent at least ten (10) days prior to the public hearing.

(4)

After receiving evidence at the public hearing the planning and zoning commission may approve or deny the application for a special permit for a front yard carport block based on the effects to the health, safety and welfare of the neighborhood, whether the existence of carports within the front yards would present a danger to traffic upon or entering the street and whether property within and adjacent to the area would be adversely affected. In the case of an opposing petition signed by twenty (20) percent or more of the property owners within the proposed front yard carport block, the planning and zoning commission shall vote to deny the area.

(5)

Any applicant or owner of a single family detached home within the proposed front yard carport block who is dissatisfied with the decision of the planning and zoning commission may file a written appeal with the director of the department of community development within ten (10) days of the date of the decision of the planning and zoning commission. Such appeal must be accompanied by a twenty-five dollar ($25.00) filing fee to be perfected. Such appeals shall be to the city council and notice of such appeal shall be sent out in the same manner as before the planning and zoning commission.

(c)

For the purposes of this section, carports shall be as defined in the building code.

(d)

It shall be unlawful for the owner or tenant of any premises zoned for single family detached dwelling use to erect, construct, maintain, suffer, allow or permit a carport on said premises which does not comply with all the requirements of subsection (a)(1) through subsection (a)(10) of this section without regard to whether the carport infringes on zoning setback areas. It shall be an affirmative defense to prosecution under this subsection if the owner or tenant of the premises can show that no part of the carport infringes upon zoning setback areas, that the carport meets all height, setback and area requirements of the zoning district in which it is located and that the carport has received a permit properly issued in accordance with the building code in effect at the time the permit was applied for.

(e)

At any hearing on a proposed carport block, the applicant and the presiding body (whether City Council or planning and zoning commission) may agree to convert the application for carport block into a site plan zoning request covering only the applicant's property. Such zoning application will be advertised and posted for a future meeting as required by law. So long as the site plan request only involves a carport which meets the requirements of section 52-40a no further application fee will be required of the applicant for that case. Site plan cases which request a variance to requirements of section 52-40a, or involve use changes or other variances shall be required to pay the normal site plan case fee.

(Ord. No. 6171, § 1, 9-9-92; Ord. No. 6218, § 1, 2-11-93)

Editor's note

Ord. No. 6371, § 1, adopted January 20, 1994, repealed section 52-40a, relative to carports, "provided that all carport blocks previously granted under section 52-40a shall remain in force and effect under regulation of section 52-40a (see Pt. IV, Repealed Zoning Districts). Any owner of a single-family detached zoned property within a carport block may file for the repeal of such block in the same manner as it was established." Former section 52-40a derived from Ord. No. 6171, § 1, adopted September 9, 1992, and Ord. No. 6218, § 1, adopted February 11, 1993.