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Sec. 78-1405. Nonencroachments. <br />(a) The following shall not be considered to be encroachments on yard setback requirements: <br />(1) Chimneys, flues, belt courses, leaders, sills, piIasters, lintels, ornamental features, cornices, eaves, <br />gutters, and similar building elements, provided they do not extend more than two feet into a required <br />yard. <br />(2) Nameplate signs for one -family dwellings subject to the provisions of article X, division 4 of this <br />chapter; lights for illuminating parking areas, loading areas or yards for safety and security purposes, <br />provided the direct source of light is not visible from the public right-of-way or adjacent residential <br />property and is located at least five feet from the front lot line; public utility poles and overhead lines; <br />mailboxes. <br />(3) Steps, sidewalks, uncovered porches, stoops or similar structures which do not extend above the <br />height of the ground floor level of the principal building and extend to a distance of not less than two <br />feet from any lot line. <br />(4) Bays, cantilevers, and fire escapes. In side or rear yards only, the following encroachments are <br />permitted: <br />a. Bays and/or cantilevers which are not part of the defined building footprint, may extend up to <br />two feet into the required side or rear yard, provided the aggregate area of the bays and/or <br />cantilevers is not more than 20 square feet; and <br />b. Fire escapes not exceeding a width of three feet and a depth of four feet. <br />(5) Driveways and parking areas when constructed, located and used incompliance with other provisions <br />contained within chapter 78. Driveways and parking areas may extend to within five feet of a side lot <br />line. <br />(6) Retaining walls, planters and similar structures, subject to the following provisions: <br />Retaining walls, planters and similar structures maybe located in all required yards when all of <br />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 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 />4. The structure is two feet in height or less above the 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, <br />c. Retaining walls, planters and similar structures exceeding the allowed height of a fence shall be <br />located se as teto meet the required accessory structure setbacks established for that yard. <br />(7) Window wells including those for fire egress which do not extend more than five feet from the <br />building, and are no closer than two feet to the property line. <br />(Supp. No. 20, Update 2) <br />Page 1 of 5 <br />Created: 2022-07-19 16:13;02 [EST] <br />20 <br />