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b. The rockery or retaining wall is reasonably necessary to provide support to <br /> a cut or slope; <br /> c. The rockery or retaining wall will not obstruct or interfere with the vision <br /> of vehicles and pedestrians using driveways and public rights-of-way; and <br /> d. Any structure retaining soil which is greater than thirty-six inches in height <br /> shall comply with building setback requirements, unless otherwise approved by the <br /> planning director, using Review Process IIA. <br /> 6. Improvements associated with shoreline use and access areas may be located in <br /> any required setback area. The landward end of a pier may be located in the required <br /> setback area. <br /> 7. Those structures and improvements permitted in required setback areas by <br /> subsection D of this section. <br /> 8. Signs may be located in required setback areas subject to the requirements of <br /> Chapter 36 or other specific regulations of this title. <br /> 9. A covered porch which is open on three sides may encroach five feet into a <br /> required front or rear yard setback area, provided that the length of the porch shall not <br /> exceed fifty percent of the length of the facade upon which the porch is located. <br /> 10. Heat pumps and other air conditioning equipment shall not be permitted within a <br /> required front or side setback area. <br /> 11. Uncovered porches, decks and steps not over forty-two inches above grade may <br /> encroach into a front setback area by not more than fifty percent of the required setback <br /> depth. <br /> 12. Uncovered porches, decks and steps not over eight feet above grade may encroach <br /> into a rear setback area by not more than fifty percent of the required setback depth. <br /> is hereby amended to read as follows: <br /> C. Structures and Improvements. No improvement or structure may be located in a required <br /> setback area except as follows: <br /> 1. A driveway, walkway, and/or parking area subject to the standards of Section 34. <br /> 2. A deck which is not higher than thirty-six inches above grade may extend into a <br /> required side yard up to the side lot line. <br /> 3. Chimneys with or without foundations, bay windows, eaves, greenhouse windows <br /> and other elements of a structure that customarily extend beyond the exterior walls of a <br /> structure and do not require a foundation may extend up to eighteen inches into any <br /> required setback area. The total horizontal dimension of the elements that extend into a <br /> required yard, excluding eaves, may not exceed twenty five percent of the length of the <br /> facade upon which the architectural element is located. No variance shall be granted to <br /> allow the architectural element to exceed twenty five percent of the width of the facade <br /> upon which it is located. <br /> 4. Fences may be located in required setback areas subject to the fence regulations <br /> contained within this section. <br /> 5. Rockeries and retaining walls may be located in required setback areas if: <br /> a. The rockery or retaining wall is not being used as a direct structural <br /> support for a building; <br />