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91 yards or which are located less than five feet from a property line, shall require a land <br />92 alteration permit and upon recommendation of the building inspector may require city <br />93 council review or a conditional use permit per the provisions of section 78-967. <br />94 d. Retaining walls exceeding the allowed height of a fence in .a given required yard <br />95 shall be located so as to meet the required accessory structure setbacks established for <br />96 that yard. <br />97 <br />98 SECTION 4. Section 78-1405 a (8) Non -encroachments is hereby amended to read as <br />99 follows: <br />100 <br />101 Fence height. The measurement from the top of any part of the fence, including posts or other <br />102 structural supports, lattice, ornate top design elements, and so forth measured to the Existing <br />103 Ground Level below the fence, as measured perpendicular to the slope (see <br />104 Drawing). Exception: Post finials extending above the top of the fence shall not be deemed as <br />105 part of the fence for height determination purposes as long as they do not exceed ten inches in <br />106 width per finial and do not extend above the top of the fence by more than ten percent of the <br />107 allowed maximum fence height at that location. <br />108 Nonlakeshore lots. <br />109 1. Fences and walls within a required front yard or side street yard shall not <br />110 exceed a height of 42 inches above Existing Ground Level . <br />111 2. Fences and walls within a required rear or side yard shall not exceed a height <br />112 of six feet above Existing Ground Level original ,...ode. <br />113 b. Lakeshore lots. <br />114 1. Fences within the required street (rear) yard or side street yard of a lakeshore <br />115 lot shall not exceed 42 inches above Existing Ground Level ofigifHg gna4e. <br />116 Exception: A fence not exceeding six feet in height may be located along the <br />117 street lot line of a lake frontage lot which abuts a major thoroughfare. A major <br />118 thoroughfare for purposes of this section means any county road or state <br />119 highway. If such fence involves fill or berming, the total combined height of <br />120 both fence and fill shall not exceed six feet above the height of the crown of the <br />121 major thoroughfare. <br />122 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet <br />123 in height, and shall not exceed 42 inches in height for any portion located <br />124 lakeward of a line drawn between the most lakeward projection of the fence <br />125 owner's principal residence structure and the most lakeward projection of the <br />126 principal residence structure on the adjacent property abutting the side yard in <br />127 which the fence is located. <br />128 3. Fences shall not be constructed within the defined lakeshore yard of a <br />129 lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general <br />130 development lakes, 100 feet for recreational lakes, or 150 feet for natural <br />131 environment lakes. <br />132 4. When the building site of a lakeshore lot is separated from the lakeshore by a <br />133 public or private road, the following definitions will apply for fence location <br />134 purposes subject to the provisions of section 78-1405(a)(8)a.2: When the yard on <br />135 the opposite side of the building site from the lake does not abut a street, such <br />