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Sec. 78-1405. - Nonencroachments. <br />(a) The following shall not be considered to be encroachments on yard setback requirements: <br /> (5.1) Retaining walls, planters and similar structures, subject to the following provisions: <br />a. Retaining walls, planters and similar structures may be located in all required yards when <br />all of the following conditions are met: <br />1. The structure is located at least ten feet from the edge of the traveled roadway; <br />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 <br />from 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 <br />a permit and upon recommendation of the building official may require city council review <br />or a 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 <br />shall be located so as to meet the required accessory structure setbacks established for <br />that yard. <br />