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2 <br /> <br />1. Provides a definition for “Retaining Wall” to differentiate from the definition of <br />“Fence” which also includes a wall. <br />2. Requires a zoning permit throughout the City consistent with current practice <br />regardless of whether the property is platted. The purpose of the zoning permit is <br />to ensure that locational requirements are being met. <br />3. Provides for review of easement encroachments by the City Engineer rather than <br />Zoning Administrator. The ordinance does allow encroachments in certain <br />instances. These items are generally reviewed by the City Engineer. <br />4. Requires a Building Permit for walls over 48” in height. <br />In addition to these changes staff is developing a resident informational flyer that <br />provides guidelines and City Policy related to fence/wall installations, including <br />encroachments in City easements. <br /> <br />Draft Ordinance Language <br />Staff is proposing the adoption of the following ordinance language. <br />§ 1007.001 (2) Definitions is proposed to be amended to include: <br />RETAINING WALL. A wall not laterally supported at the top that resists lateral soil <br />load and other imposed loads. <br />§ 1007.043 (18) is proposed to be amended as follows: <br />(a) Permit Required. It is unlawful for any person hereafter to construct or cause <br />to be constructed or erected within the platted areas of the City, any fence or <br />wall without first making an application for and securing a permit. <br /> <br />1007.043 (18)(c) 4. is proposed to read as follows: <br /> <br />a. No fence or wall shall be located within a drainage or utility easement <br />without written permission of the Zoning Administrator City Engineer <br />and the filing of an encroachment agreement. <br /> <br />§ 1007.043 (18)(d) is proposed to be amended as follows: <br />5. Solid walls and Retaining walls (such as masonry construction) greater <br />than forty-two eight (428) inches in height, including buried portions, shall be <br />prohibited require a building permit. When utilized, tiered retaining walls <br />shall be separated by a horizontal landing not less than three (3) feet in width. <br />