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(4) In side or rear yards only, bays or cantilevers not to exceed a depth of two feet nor to contain an <br /> aggregate area of more than 20 square feet, fire escapes not to exceed a width of three feet and <br /> a depth of four feet, and open off-street parking. <br /> (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying <br /> equipment, and recreational equipment except as otherwise regulated; no accessory structure <br /> shall be closer than five feet from a rear lot line. <br /> (5.1)Retaining walls, subject to the following provisions: <br /> a. Retaining walls may be located in all required yards when all of the following conditions are <br /> 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 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 /> b. Retaining walls which do not exceed two feet in height above existing grade, which are <br /> located within the property and at least five feet from any property line, and for which the <br /> amount of imported fill associated with the structure does not exceed 20 cubic yards, do not <br /> require a building or land alteration permit. <br /> c. Retaining walls exceeding two feet in height above existing grade or for which the amount <br /> of imported fill associated with the structure exceeds 20 cubic yards or which are located <br /> less than five feet from a property line, shall require a land alteration permit and upon <br /> recommendation of the building inspector may require city council review or a conditional <br /> use permit per the provisions of section 78-967. <br /> d. Retaining walls exceeding the allowed height of a fence in a given required yard shall be <br /> located so as to meet the required accessory structure setbacks established for that yard. <br /> (6) In side yards only, no accessory structure shall be closer than ten feet from any side lot line. <br /> (7) 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 /> (8) 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 grade below the fence,as measured perpendicular to the slope(see Drawing). Exception: <br /> Post finials extending above the top of the fence shall not be deemed as part of the fence for <br /> height determination purposes as long as they do not exceed ten inches in width per finial and do <br /> not extend above the top of the fence by more than ten percent of the allowed maximum fence <br /> height at that location. <br /> Page 15 <br />