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• 4700 West Branch Road 27 April 2011 Page 2 of 3 Sec. 78-1405. Nonencroachments. The following shall not be considered to be encroachments on yard requirements: (1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, and the like, provided they do not extend more than two feet into a required yard. (2) Nameplate signs for one-family dwellings; 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, may be located to within five feet of the front lot line. (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. (4) In side or rear yards only, bays not to exceed a depth of two feet nor to contain an area of more than 20 square feet, fire escapes not to exceed a width of three feet, and open off-street parking. (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters and recreational equipment except as otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (6) In side yards only, no accessory structure shall be closer than ten feet from any side lot line. (7) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the following standards: a. Nonlakeshore lots. 1. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above original grade. 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above original grade. b. Lakeshore lots. 1. Fences within the required street (rear) yard or side street yard of a lakeshore lot shall not exceed 42 inches above original grade. Exception: A fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such fence involves fill or berming, the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and any portion located lakeward of the average lakeshore setback line shall not exceed 42 inches in height. The term "average lakeshore setback line" means a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the adjacent affected principal residence structure. 3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. c. Special provisions. Split rail fences of no more than three rails within a required front, street or side street yard may have a maximum top rail height of 48 inches above original grade. Board rail fences within a front, street or side street yard for the specific purpose of enclosing permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50 percent opaque. d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required by section 78-1371. e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports.