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<br /> <br /> <br /> Created: 2025-07-31 14:51:32 [EST] <br /> <br />Page 16 of 19 <br />a. Retaining walls, planters and similar structures may be located in front, rear, or side yards when <br />all of 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 must be located 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 to meet the required accessory structure setbacks established for that yard. <br />d. Retaining walls exceeding 42 inches in height, as measured from existing grade, shall not be <br />located lakeward of the average lakeshore setback as defined within Section 6.12.6240(5). <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 />(8) 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 />(9) Fences erected in all zoning districts are considered a permitted encroachment when they conform to <br />the standards listed below. A fence shall be located a minimum of ten feet from the edge of the paved, <br />traveled roadway. The following words, terms and phrases, when used in this subsection (a)(9), shall <br />have the meanings ascribed to them in this subsection, except where the context clearly indicates a <br />different meaning: <br />Fence height means 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 existing <br />ground level below the fence, as measured perpendicular to the slope (see Drawing: Fence Height <br />Measurement on Sloped Site). Exception: Post finials extending above the top of the fence shall not be <br />deemed as part of the fence for height determination purposes as long as they do not exceed ten <br />inches in width per finial and do not extend above the top of the fence by more than six inches. <br />Fence monument means a fence monument is a permanent structure or object, with or without a <br />footing, made with masonry or stone materials, used in place of, and functioning as a post that <br />supports a fence. <br />Permanent fence means a fence that is installed in a fixed or enduring manner that is not <br />intended for a seasonal or temporary purpose. <br />Temporary fence means 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 as: <br />snow fences, garden fences, seasonal recreational fences such as hockey boards; fences installed for <br />safety or access management purposes for special events; and fences installed for the duration of a <br />construction project such as silt fences, erosion control bioretention logs, and septic drainfield site <br />protection fences. <br /> <br />250