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<br /> Created: 2025-07-31 14:51:31 [EST]
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<br />b. In situations where the average lake shore setback line bisects the principal building located on
<br />either adjacent lot, the next most adjacent lake side point of the bisected principal building shall
<br />be used for determining the average lakeshore setback. If the line continues to bisect the
<br />principal building, the next most lakeside point is to be used until the setback line does not bisect
<br />the principal building on an adjacent lot.
<br />(Code 2003, § 78-1279; Ord. No. 101(2nd series), § 1(10.56(16)(C)), 2-24-1992; Ord. No. 11(3rd series), § 1, 5-24-
<br />2004; Ord. No. 106(3rd series), § 28, 6-10-2013; Ord. No. 157(3rd series), § 1, 8-10-2015; Ord. No. 222(3rd series),
<br />§ 19, 12-10-2018; Ord. No. 234(3rd series), § 1, 10-14-2019; Ord. No. 243(3rd series), § 2, 4-13-2020; Ord. No.
<br />284(3rd series), § 3, 11-13-2023; Ord. No. 303(3rd series), § 2, 4-8-2024)
<br />Sec. 6.12.6940. 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 this chapter. 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 requiredfront, rear, or side
<br />yards when 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.
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