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SECTION 4. Orono City Code, Chapter 6.12, Section 6.12.6940 is hereby amended by adding <br /> the underlined language and deleting the strikethrough language as follows: <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 requircdfront, 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. <br /> b. Retaining walls, planters, and similar structures exceeding two feet in height above existing <br /> ground level or which aremust be 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 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(6). <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 /> Page 15 of 19 <br />