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(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 <br /> in writing for an encroachment agreement by the city; or similar approval from another <br /> regulatory and/or 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 <br /> within the property and at least five feet from any property line, and for which the amount of <br /> imported fill associated with the structure does not exceed 20 cubic yards,do not require a building <br /> or land alteration permit. <br /> c. Retaining walis exceeding two feet in height above existing grade or for which the amount of <br /> imported fill associated with the structure exceeds 20 cubic yards or which are located less than five <br /> feet from a property line, shall require a land alteration permit and upon recommendation of the <br /> building inspector may require city council review or a conditional use permit per the provisions of <br /> section 78-967. <br /> d. Retaining walls exceeding the allowed height of a fence in a given required yard shall be located so <br /> as to meet the required accessory structure setbacks established for that yard. <br /> (6) In side yards only, no accessory structure shall 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 <br /> five feet of the building it serves;shall not be located within an existing or required drainage and/or utility <br /> easement;and 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 <br /> seasonal or temporary purpose. <br /> Temporary fence. A fence that is not permanently secured or anchored to the ground by posts or <br /> affixed footings, and is installed and removed on a limited term or seasonal basis such as: snow fences, <br /> garden fences, seasonal recreational fences such as hockey boards; fences installed for safety or access <br /> management purposes for special events; and fences installed for the duration of a construction project <br /> such as silt fences,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 <br /> structural supports, lattice, ornate top design elements, and so forth measured to the existing grade <br /> below the fence,as measured perpendicular to the slope(see Drawing). Exception: Post finials extending <br /> above the top of the fence shall not be deemed as part of the fence for height determination purposes as <br /> long as they do not exceed ten inches in width per finial and do not extend above the top of the fence by <br /> more than ten percent of the allowed maximum fence height at that location. <br /> Drawing: Fence Height Measurement <br /> on Sloped Site <br /> Page 4 <br />