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2. The structure is not located within a drainage, utility, or other easement, except <br /> upon approval in writing for an encroachment agreement by the city; or similar <br /> approval from another regulatory and/or utility agency; <br /> 3. The structure creates no impacts to drainage direction, rate or volume for <br /> adjacent properties. <br /> 4. The structure is two feet in height or less above existing grade. <br /> b. Retaining walls, planters and similar structures exceeding two feet in height above <br /> existing ground level or which are located less than five feet from a side property <br /> line, shall require a permit and upon recommendation of the building official may <br /> require city council review or a conditional use permit per the provisions of section <br /> 78-967. <br /> c. Retaining walls, planters and similar structures exceeding the allowed height of a <br /> fence shall be located so as to meet the required accessory structure setbacks <br /> established for that yard. <br /> (67) Window wells including those for fire egress which do not extend more than five feet <br /> from the building, and no closer than two feet to the property line. In side yards only, no <br /> (78) Air conditioning or heating equipment may be located within a required yard but shall <br /> be located within five feet of the building it serves; shall not be located within an existing <br /> or required drainage and/or utility easement; and shall be located at least five feet from <br /> any lot line. <br /> (K9) Fences erected in all zoning districts are considered as a nonencroachment when <br /> they conform to the standards listed below. For the purposes of this section,the following <br /> definitions shall apply: <br /> Permanent fence. A fence that is installed in a fixed or enduring manner that is not <br /> intended for a seasonal or temporary purpose. <br /> Temporary fence. A fence that is not permanently secured or anchored to the ground <br /> by posts or affixed footings, and is installed and removed on a limited term or seasonal <br /> basis such as: snow fences, garden fences, seasonal recreational fences such as <br /> hockey boards; fences installed for safety or access management purposes for special <br /> events; and fences installed for the duration of a construction project such as silt fences, <br /> erosion control bioretention logs, and septic drainfield site protection fences. <br /> Fence height. The measurement from the top of any part of the fence, including <br /> posts or other structural supports, lattice, ornate top design elements, and so forth <br /> measured to the existing ground level below the fence, as measured perpendicular to <br /> the slope (see Drawing). Exception: Post finials extending above the top of the fence <br /> shall not be deemed as part of the fence for height determination purposes as long as <br /> they do not exceed ten inches in width per finial and do not extend above the top of the <br /> fence by more than ten percent of the allowed maximum fence height at that location. <br />