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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, pilasters, lintels, ornamental features, cornices, eaves, gutters, and
<br /> similar building elements, provided they do not extend more than two feet into a required yard.
<br /> (2) Nameplate signs for one-family dwellings subject to the provisions of article X, division 4 of this chapter; lights
<br /> for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct
<br /> source of light is not visible from the public right-of-way or adjacent residential property and is located at least
<br /> five feet from the front lot line; public utility poles and overhead lines; mailboxes.
<br /> (3) Terraces, steps, uncovered porches, stoops or similar structures which do not extend above the height of the
<br /> ground floor level of the principal building and extend to a distance of not less than two feet from any lot line.
<br /> Window wells including those for fire egress which do not extend more than five feet from the building.
<br /> Sidewalks, driveways and parking areas when constructed, located and used in compliance with other
<br /> provisions contained within chapter 78. Driveways may extend to within five feet of a side lot line.
<br /> (4) In side or rear yards only, bays or cantilevers not to exceed a depth of two feet nor to contain an aggregate area
<br /> of more than 20 square feet, fire escapes not to exceed a width of three feet and a depth of four feet, and open
<br /> off-street parking.
<br /> (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and
<br /> recreational equipment except as otherwise regulated; no accessory structure shall be closer than five feet from
<br /> a rear lot line.
<br /> (5.1) Retaining walls, subject to the following provisions:
<br /> a. Retaining walls may be located in all required 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 approval in
<br /> writing for an encroachment agreement by the city; or similar approval from another regulatory and/or
<br /> utility agency;
<br /> 3. The structure creates no impacts to drainage direction, rate or volume for adjacent properties.
<br /> b. Retaining walls which do not exceed two feet in height above existing grade, which are located within the
<br /> property and at least five feet from any property line, and for which the amount of imported fill associated
<br /> with the structure does not exceed 20 cubic yards, do not require a building or land alteration permit.
<br /> c. Retaining walls exceeding two feet in height above existing grade or for which the amount of imported fill
<br /> associated with the structure exceeds 20 cubic yards or which are located less than five feet from a
<br /> property line, shall require a land alteration permit and upon recommendation of the building inspector may
<br /> require city council review or a conditional use permit per the provisions of section 78-967.
<br /> d. Retaining walls exceeding the allowed height of a fence in a given required yard shall be located so as to
<br /> meet the required accessory structure setbacks established for that yard.
<br /> (6) In side yards only, no accessory structure shali be closer than ten feet from any side lot line.
<br /> (7) Air conditioning or heating equipment may be located within a required yard but shall be located within five feet
<br /> of the building it serves; shall not be located within an existing or required drainage and/or utility easement; and
<br /> shall be located at least five feet from any lot line.
<br /> (8) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the
<br /> standards listed below. For the purposes of this section, the following definitions shall apply:
<br /> Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended for a seasonal
<br /> or temporary purpose.
<br /> Temporary fence. A fence that is not permanently secured or anchored to the ground by posts or affixed
<br /> footings, and is installed and removed on a limited term or seasonal basis such as: snow fences, garden fences,
<br /> seasonal recreational fences such as hockey boards; fences installed for safety or access management
<br /> purposes for special events; and fences installed for the duration of a construction project such as silt fences,
<br /> erosion control bioretention logs, and septic drainfield site protection fences.
<br /> Fence height. The measurement from the top of any part of the fence, including posts or other structural
<br /> supports, lattice, ornate top design elements, and so forth measured to the existing grade below the fence, as
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