17-79-617. Residential rear setback limitations.
(1) As used in this section: "Allowable feature" means: a landing or walkout porch that: is no more than 32 square feet in size; and is used for ingress to and egress from the rear of the residential dwelling; or a window well. "Landing" means an uncovered, above-ground platform, with or without stairs, connected to the rear of a residential dwelling. "Setback" means the required distance between the property line of a lot or parcel and the location where a structure is allowed to be placed under an adopted land use regulation. "Walkout porch" means an uncovered platform that is on the ground and connected to the rear of a residential dwelling. "Window well" means a recess in the ground around a residential dwelling to allow for ingress and egress through a window installed in a basement that is fully or partially below ground.
(2) A county may not enact or enforce an ordinance, resolution, or policy that prohibits or has the effect of prohibiting an allowable feature within the rear setback of a residential building lot or parcel.
(3) Subsectiondoes not apply to a historic district located within the unincorporated area of a county. (2)