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Sec. 78-1405. - Nonencroachments. (a) The following shall not be considered to be encroachments on yard setback requirements: (1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and similar building elements, provided they do not extend more than two feet into a required yard. (2) Nameplate signs for one-family dwellings subject to the provisions of article X, division 4 of this chapter; lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property and is located at least five feet from the front lot line; public utility poles and overhead lines; mailboxes. (3) Terraces, steps, uncovered porches, stoops or similar structures which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. Window wells including those for fire egress which do not extend more than five feet from the building. Sidewalks, driveways and parking areas when constructed, located and used in compliance with other provisions contained within chapter 78. Driveways may extend to within five feet of a side lot line. (4) In side or rear yards only, bays or cantilevers not to exceed a depth of two feet nor to contain an aggregate area of more than 20 square feet, fire escapes not to exceed a width of three feet and a depth of four feet, and open off-street parking. (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational equipment except as otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (5.1)Retaining walls, planters and similar structures, subject to the following provisions: a. Retaining walls, planters and similar structures may be located in all required yards when all of the following conditions are met: 1. The structure is located at least ten feet from the edge of the traveled roadway; 2. The structure is not located within a drainage, utility, or other easement, except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency; 3. The structure creates no impacts to drainage direction, rate or volume for adjacent properties. 4. The structure is two feet in height or less above existing grade. b. Retaining walis, planters and similar structures exceeding two feet in height above existing ground level or which are located less than five feet from a side property line, shall require a permit and upon recommendation of the building official may require city council review or a conditional use permit per the provisions of section 78-967. c. Retaining walls, planters and similar structures exceeding the allowed height of a fence shall be located so as to meet the required accessory structure setbacks established for that yard. (6) In side yards only, no accessory structure shall be closer than ten feet from any side lot line. (7) Air conditioning or heating equipment may be located within a required yard but shall be located within five feet of the building it serves; shall not be located within an existing or required drainage and/or utility easement; and shall be located at least five feet from any lot line. (8) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the standards listed below. For the purposes of this section,the following definitions shall apply: Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended for a seasonal or temporary purpose. Page 1