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Orono, MN Code of Ordinances <br />Page 1 of 6 <br />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, <br />eaves, gutters, and similar building elements, provided they do not extend more than two feet <br />into a required yard. <br />(2) Nameplate signs for one -family dwellings subject to the provisions of article X, division 4 of <br />this chapter, lights for illuminating parking areas, loading areas or yards for safety and <br />security purposes, provided the direct source of light is not visible from the public right-of-way <br />or adjacent residential property and is located at least five feet from the front lot line; public <br />utility poles and overhead lines; mailboxes. <br />(3) Terraces, steps, uncovered porches, stoops or similar structures which do not extend above <br />the height of the ground floor level of the principal building and extend to a distance of not <br />less than two feet from any lot line. Window wells including those for fire egress which do not <br />extend more than five feet from the building. Sidewalks, driveways and parking areas when <br />constructed, located and used in compliance with other provisions contained within cha ter <br />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 <br />an aggregate area of more than 20 square feet, fire escapes not to exceed a width of three <br />feet and a depth of four feet, and open off-street parking. <br />(5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying <br />equipment, and recreational equipment except as otherwise regulated; no accessory <br />structure shall be closer than five feet from a rear lot line. <br />(5.1) Retaining walls, subject to the following provisions: <br />a. Retaining walls maybe located in all required yards when all of the following conditions <br />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 <br />from another regulatory and/or utility agency, <br />3. The structure creates no impacts to drainage direction, rate or volume for adjacent <br />properties. <br />b. Retaining walls which do not exceed two feet in height above existing grade, which are <br />located within the property and at least five feet from any property line, and for which the <br />amount of imported fill associated with the structure does not exceed 20 cubic yards, do <br />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 <br />of imported fill associated with the structure exceeds 20 cubic yards or which are located <br />less than five feet from a property line, shall require a land alteration permit and upon <br />recommendation of the building inspector may require city council review or a conditional <br />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 <br />located so as to meet the required accessory structure setbacks established for that yard. <br />(6) Inside yards only, no accessory structure shall be closer than ten feet from any side lot line. <br />about:blank 7/2/2015 <br />