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2. The structure is not located within a drainage, utility, or other easement, except upon <br /> approval in writing for an encroachment agreement by the city; or similar approval from <br /> another regulatory and/or utility agency; <br /> 3. The structure creates no impacts to drainage direction, rate or volume for adjacent <br /> 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 existing <br /> ground level or which are located less than five feet from a side property line, shall require a <br /> permit and upon recommendation of the building official may require city council review or a <br /> conditional use permit per the provisions of section 78-967. <br /> c. Retaining walls, planters and similar structures exceeding the allowed height of a fence shall <br /> be located so as to meet the required accessory structure setbacks established for that yard. <br /> (7) Window wells including those for fire egress which extend no more than five feet from the <br /> building; and no closer than two feet to the property line. <br /> (8) Air conditioning or heating equipment may be located within a required yard but shall be located <br /> within five feet of the building it serves; shall not be located within an existing or required drainage <br /> and/or utility easement; and shall be located at least five feet from any lot line. <br /> (9) Fences erected in all zoning districts are considered as a nonencroachment when they conform <br /> to the standards listed below. For the purposes of this section,the following definitions shall apply: <br /> Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended <br /> for a seasonal or temporary purpose. <br /> Temporary fence. A fence that is not permanently secured or anchored to the ground by <br /> posts or affixed footings, and is installed and removed on a limited term or seasonal basis such <br /> as: snow fences, garden fences, seasonal recreational fences such as hockey boards; fences <br /> installed for safety or access management purposes for special events; and fences installed for <br /> the duration of a construction project such as silt fences, erosion control bioretention logs, and <br /> septic drainfield site protection fences. <br /> Fence height. The measurement from the top of any part of the fence, including posts or <br /> other structural supports, lattice, ornate top design elements, and so forth measured to the <br /> existing ground level below the fence, as measured perpendicular to the slope (see Drawing). <br /> Exception: Post finials extending above the top of the fence shall not be deemed as part of the <br /> fence for height determination purposes as long as they do not exceed ten inches in width per <br /> finial and do not extend above the top of the fence by more than ten percent of the allowed <br /> maximum fence height at that location. <br />