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Sec. 78-1405. - Nonencroachments.
(a) The following shall not be considered to be encroachments on yard setback requirements:
(1) Chimneys,flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices,
eaves, gutters, and similar building elements, provided they do not extend more than two feet
into a required yard.
(2) Nameplate signs for one-family dwellings subject to the provisions of article X, division 4 of
this chapter; lights for illuminating parking areas, loading areas or yards for safety and
security purposes, provided the direct source of light is not visible from the public right-of-way
or adjacent residential properry and is located at least five feet from the front lot line; public
utility poles and overhead lines; mailboxes.
(3) Terraces, steps, uncovered porches, stoops or similar structures which do not extend above
the height of the ground floor level of the principal building and extend to a distance of not
less than two feet from any lot line.Window wells including those for fire egress which do not
extend more than five feet from the building. Sidewalks, driveways and parking areas when
constructed, located and used in compliance with other provisions contained within cha�ter
78. Driveways may extend to within five feet of a side lot line.
(4) In side or rear yards only, bays or cantilevers not to exceed a depth of two feet nor to contain
an aggregate area of more than 20 square feet,fire escapes not to exceed a width of three
feet and a depth of four feet, and open off-street parking.
(5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying
equipment, and recreational equipment except as otherwise regulated; no accessory
structure shall be closer than five feet from a rear lot line.
(5.1) Retaining walls, subject to the following provisions:
a. Retaining walls may be located in all required yards when all of the following conditions
are met:
1. The structure is located at least ten feet from the edge of the traveled roadway;
2. The structure is not located within a drainage, utility, or other easement, except upon
approval in writing for an encroachment agreement by the city; or similar approval
from another regulatory and/or utility agency;
3. The structure creates no impacts to drainage direction, rate or volume for adjacent
properties.
b. Retaining walls which do not exceed two feet in height above existing grade,which are
located within the property and at least five feet from any property line, and for which the
amount of imported fill associated with the structure does not exceed 20 cubic yards, do
not require a building or land alteration permit.
c. Retaining walls exceeding two feet in height above existing grade or for which the amount
of imported fill associated with the structure exceeds 20 cubic yards or which are located
less than five feet from a property line, shall require a land alteration permit and upon
recommendation of the building inspector may require city council review or a conditional
use permit per the provisions of section 78-967.
d. Retaining walls exceeding the allowed height of a fence in a given required yard shall be
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located so as to meet the required accessory structure setbacks established for that yard.
(6) In side yards only, no accessory structure shall be closer than ten feet from any side lot line.
(7) Air conditioning or heating equipment may be located within a required yard but shall be
located within five feet of the building it serves; shall not be located within an existing or
required drainage and/or utility easement; and shall be located at least five feet from any lot
line.
(8) Fences erected in all zoning districts are considered as a nonencroachment when they
conform to the standards listed below. For the purposes of this section,the following
definitions shall apply:
Permanent fence. A fence that is installed in a fixed or enduring manner that is not
intended for a seasonal or temporary purpose.
Temporary fence. A fence that is not permanently secured or anchored to the ground by
posts or affixed footings, and is installed and removed on a limited term or seasonal basis
such as: snow fences, garden fences, seasonal recreational fences such as hockey boards;
fences installed for safety or access management purposes for special events; and fences
installed for the duration of a construction project such as silt fences, erosion control
bioretention logs, and septic drainfield site protection fences.
Fence height The measurement from the top of any part of the fence, including posts or
other structural supports, lattice, ornate top design elements, and so forth measured to the
existing grade below the fence, as measured perpendicular to the slope (see Drawing).
Exception: Post finials extending above the top of the fence shall not be deemed as part of the
fence for height determination purposes as long as they do not exceed ten inches in width per
finial and do not extend above the top of the fence by more than ten percent of the allowed
maximum fence height at that location.
Drawing: Fence Height Measurement
on Sloped Site
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a. Nonlakeshore/ots.
1. Fences and walls within a required front yard or side street yard shall not exceed a
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height of 42 inches above original grade.
2. Fences and walls within a required rear or side yard shall not exceed a height of six
feet above original grade.
b. Lakeshore/ors.
1. Fences within the required street(rear)yard or side street yard of a lakeshore lot shall
not exceed 42 inches above original grade. Exception:A fence not exceeding six feet
in height may be located along the street lot line of a lake frontage lot which abuts a
major thoroughfare.A major thoroughfare for purposes of this section means any
county road or state highway. If such fence involves fill or berming,the total
combined height of both fence and fill shall not exceed six feet above the height of
the crown of the major thoroughfare.
2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in
height, and shall not exceed 42 inches in height for any portion located lakeward of a
line drawn between the most lakeward projection of the fence owner's principal
residence structure and the most lakeward projection of the principal residence
structure on the adjacent properry abutting the side yard in which the fence is
located.
3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot,
i.e., shall not be located within 75 feet of the shoreline for general development lakes,
100 feet for recreational lakes, or 150 feet for natural environment lakes.
4. When the building site of a lakeshore lot is separated from the lakeshore by a public
or private road,the following definitions will apply for fence location purposes subject
to the provisions of section 78-1405(a)(8)a.2:When the yard on the opposite side of
the building site from the lake does not abut a street, such yard shall be considered
as a standard rear yard.The yard between the building site and the street shall be
considered as a standard front yard.
c. Special provisions. Split rail fences of no more than three rails within a required front,
street or side street yard may have a maximum top rail height of 48 inches above original
grade. Board rail fences within a front, street or side street yard for the specific purpose of
enclosing permitted domestic animals may have a top rail height of 60 inches and shall be
no more than 50 percent opaque.
d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a
required clear view at street intersections as required by section 78-1371.
e. Fence construction and maintenance.
1. The owner of a fence shall maintain it in a condition of reasonable repair and
appearance and shall not allow it to become or remain in disrepair or in a dangerous
condition.
2. Fences shall be installed with the finished side facing neighboring properties or the
street.The term "finished side" means that side having no structural supports.
3. Fencing materials shall consist of permanent all weather products.
4. Temporary fencing shall not be allowed to remain on the property following final
inspection, or issuance of a certificate of occupancy for a permitted construction
project, or protection of properry during a similar project or winter conditions. Winter
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conditions shall be defined as October 15 through March 31 of the following year.
Temporary fencing associated with a special event shall be removed within seven
days of the end of such event.Temporary fencing materials shall not be allowed to
remain on a permanent basis on a parcel.
5. Existing fences that are legal nonconforming as to location, height, design or other
characteristics may be replaced in kind.
(9) Entrance monuments, defined for the purpose of this section as a nearly permanent physical
structure or object, natural or artificial, used to depict an entrance to the property, erected in
all residential zoning districts are considered nonencroachments when they conform with the
following standards:
a. Each monument, with a maximum of two per approved driveway access, shall be limited
to a single pillar with a footprint measuring no larger than 25 square feet and no length to
exceed five feet;
b. The monument must be setback a minimum of five feet from all properly boundaries and
never fewer than ten feet from the edge of the paved,traveled roadway;
c. Plans and/or elevation views of the proposed monuments are required to be submitted
for approval by the planning director;
d. All signage proposed for the monuments must comply with section 78-1467:
e. The monuments are limited to eight feet in height including any appurtenances.Any
monument exceeding the maximum height must meet principal structure setback
requirements;
f. When more than one monument is proposed, and serving two or fewer residences, a
minimum horizontal width of 16 feet is required between them;
g. When more than one monument is proposed, and serving three or more residences, a
minimum horizontal width of 22 feet is required between them;
h. Lighting is allowed, in conformance with section 78-1573 and at the discretion of the
planning director.
i. When a gate is proposed,the following requirements must be met:
1. The gate must open into the property not outward towards the right-of-way, and
2. Gates serving two or fewer residences shall have a minimum horizontal width of 14
feet in the full open position, and
3. Gates serving three or more residences shall have a minimum horizontal width of 20
feet in the full open position, and
4. For all properties,gate height may not exceed the height of the monument, measured
from grade, unless principal structure setbacks are met(if monuments are not
proposed then gate height shall be regulated in accordance with the fence height
regulations of section 78-1405(8), and
5. Gates must maintain an opacity level of no greater than 25 percent, and
6. For locked and/or secured gates a knox box, meeting the standards set forth by the
police and fire department, must be provided for emergency access, and
7. On major thoroughfares the monuments and gates must be located 40 feet from the
paved,traveled road to allow for vehicle stacking.A major thoroughfare for the
purposes of this section means any county road or state highway.
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j. A building permit is required for installation.A survey must be submitted depicting where
the monuments will be placed, and the property corner pins must be located for
inspection purposes.
(b) The following shall not be considered to be encroachments on structure height requirements:
(1) Parapet walls that extend no more than three feet above the height of the building.
(2) HVAC cooling towers.
(3) Elevator penthouses.
(Code 1984, § 10.03(15); Ord. No. 211 2nd series, §§ 1-5, 11-26-2001; Ord. No. 12 3rd series, § 1, 5-24-
2004; Ord. No. 30 3rd series, § 1, 11-28-2005; Ord. No. 43 3rd series, § 1, 2-25-2008; Ord. No. 106 3rd
series, § 22, 6-10-2013; Ord. No. 139 3rd series, § 1, 2-23-2015; Ord. No. 140 3rd series, § 1, 3-23-2015)
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