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<br /> Created: 2024-07-18 07:35:53 [EST]
<br />(Supp. No. 21, Update 3)
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<br />Page 23 of 41
<br />Sec. 78-1404. Reserved.
<br />Editor's note(s)—Ord. No. 222 3rd series, § 21, adopted Dec. 10, 2018, repealed § 78-1404, which pertained to
<br />tennis courts, sport courts, pools, paddocks, arenas and derived from Code 1984, § 10.03(14)(D); Ord. No.
<br />106 3rd series, § 21, adopted June 10, 2013.
<br />Sec. 78-1405. Permitted encroachments.
<br />(a) The following shall not be considered to be encroachments on yard setback requirements:
<br />(1) Chimneys, flues, belt courses, leaders, sills, pilasters, 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 in compliance 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 />a. Retaining walls, planters and similar structures may be 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.
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