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LA22-000018 <br /> PC ExA <br /> • <br /> 1 Sec. 78-1405. Nonencroachments. <br /> 2 (a) The following shall not be considered to be encroachments on yard setback requirements: <br /> 3 (1) Chimneys,flues, belt courses, leaders,sills, pilasters, lintels,ornamental features,cornices, eaves, <br /> 4 gutters,and similar building elements, provided they do not extend more than two feet into a required <br /> 5 yard. <br /> 6 (2) Nameplate signs for one-family dwellings subject to the provisions of article X,division 4 of this <br /> 7 chapter;lights for illuminating parking areas, loading areas or yards for safety and security purposes, <br /> 8 provided the direct source of light is not visible from the public right-of-way or adjacent residential <br /> 9 property and is located at least five feet from the front lot line; public utility poles and overhead lines; <br /> 10 mailboxes. <br /> 11 (3) Steps,sidewalks, uncovered porches,stoops or similar structures which do not extend above the <br /> 12 height of the ground floor level of the principal building and extend to a distance of not less than two <br /> 13 feet from any lot line. <br /> 14 (4) Bays,cantilevers,and fire escapes. In side or rear yards only,the following encroachments are <br /> 15 permitted: <br /> 16 a. Bays and/or cantilevers which are not part of the defined building footprint, may extend up to <br /> 17 two feet into the required side or rear yard, provided the aggregate area of the bays and/or <br /> 18 cantilevers is not more than 20 square feet;and <br /> 19 b. Fire escapes not exceeding a width of three feet and a depth of four feet. <br /> 20 (5) Driveways and parking areas when constructed, located and used in compliance with other provisions <br /> 21 contained within chapter 78. Driveways and parking areas may extend to within five feet of a side lot • <br /> 22 line. <br /> 23 (6) Retaining walls, planters and similar structures,subject to the following provisions: <br /> 24 a. Retaining walls, planters and similar structures may be located in all required yards when all of <br /> 25 the following conditions are met: <br /> 26 1. The structure is located at least ten feet from the edge of the traveled roadway; <br /> 27 2. The structure is not located within a drainage, utility, or other easement, except upon <br /> 28 approval in writing for an encroachment agreement by the city;or similar approval from <br /> 29 another regulatory and/or utility agency; <br /> 30 3. The structure creates no impacts to drainage direction, rate or volume for adjacent <br /> 31 properties. <br /> 32 4. The structure is two feet in height or less above existing grade. <br /> 33 b. Retaining walls, planters and similar structures exceeding two feet in height above existing <br /> 34 ground level or which are located less than five feet from a side property line,shall require a <br /> 35 permit and upon recommendation of the building official may require city council review or a <br /> 36 conditional use permit per the provisions of section 78-967. <br /> 37 c. Retaining walls, planters and similar structures exceeding the allowed height of a fence shall be <br /> 38 located so as to meet the required accessory structure setbacks established for that yard. <br /> Created: 2022-03-25 15:53:37 [EST] <br /> (Supp.No.20,Update 1) <br /> Page 1 of 5 • <br /> 221710v1 <br />