Laserfiche WebLink
<br /> 3 <br />yards or which are located less than five feet from a property line, shall require a land 91 <br />alteration permit and upon recommendation of the building inspector may require city 92 <br />council review or a conditional use permit per the provisions of section 78-967. 93 <br />d. Retaining walls exceeding the allowed height of a fence in a given required yard 94 <br />shall be located so as to meet the required accessory structure setbacks established for 95 <br />that yard. 96 <br /> 97 <br />SECTION 4. Section 78-1405 a (8) Non-encroachments is hereby amended to read as 98 <br />follows: 99 <br /> 100 <br />Fence height. The measurement from the top of any part of the fence, including posts or other 101 <br />structural supports, lattice, ornate top design elements, and so forth measured to the Existing 102 <br />Ground Level existing grade below the fence, as measured perpendicular to the slope (see 103 <br />Drawing). Exception: Post finials extending above the top of the fence shall not be deemed as 104 <br />part of the fence for height determination purposes as long as they do not exceed ten inches in 105 <br />width per finial and do not extend above the top of the fence by more than ten percent of the 106 <br />allowed maximum fence height at that location. 107 <br />Nonlakeshore lots. 108 <br />1. Fences and walls within a required front yard or side street yard shall not 109 <br />exceed a height of 42 inches above Existing Ground Level original grade. 110 <br />2. Fences and walls within a required rear or side yard shall not exceed a height 111 <br />of six feet above Existing Ground Level original grade. 112 <br />b. Lakeshore lots. 113 <br />1. Fences within the required street (rear) yard or side street yard of a lakeshore 114 <br />lot shall not exceed 42 inches above Existing Ground Level original grade. 115 <br />Exception: A fence not exceeding six feet in height may be located along the 116 <br />street lot line of a lake frontage lot which abuts a major thoroughfare. A major 117 <br />thoroughfare for purposes of this section means any county road or state 118 <br />highway. If such fence involves fill or berming, the total combined height of 119 <br />both fence and fill shall not exceed six feet above the height of the crown of the 120 <br />major thoroughfare. 121 <br />2. Fences within the required side yard of a lakeshore lot shall not exceed six feet 122 <br />in height, and shall not exceed 42 inches in height for any portion located 123 <br />lakeward of a line drawn between the most lakeward projection of the fence 124 <br />owner's principal residence structure and the most lakeward projection of the 125 <br />principal residence structure on the adjacent property abutting the side yard in 126 <br />which the fence is located. 127 <br />3. Fences shall not be constructed within the defined lakeshore yard of a 128 <br />lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general 129 <br />development lakes, 100 feet for recreational lakes, or 150 feet for natural 130 <br />environment lakes. 131 <br />4. When the building site of a lakeshore lot is separated from the lakeshore by a 132 <br />public or private road, the following definitions will apply for fence location 133 <br />purposes subject to the provisions of section 78-1405(a)(8)a.2: When the yard on 134 <br />the opposite side of the building site from the lake does not abut a street, such 135