(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LANDSCAPE WALL. A structure less than four feet in height and constructed of wood, masonry block or natural stone that is used as part of a landscape design and not requiring special structural properties as does a RETAINING WALL.
RETAINING WALL. A structure constructed of wood, masonry block or natural stone that is four feet in height or taller and used to support or prevent the advancement of earth.
(B) Permit required.
(1) Any retaining wall four feet in height or greater shall require a building permit.
(2) Landscape walls less than four feet in height shall not require a building permit but shall be subject to the requirements stated in this section.
(3) Terraced retaining walls consisting of separate walls measuring less than four feet in height and set apart by at least two feet shall not require a building permit.
(C) Application requirements and site inspections.
(1) All retaining wall applications shall include an elevation sketch, drainage details and an official letter and/or plans approved by a licensed engineer.
(2) All retaining wall permit applications shall include a certificate of survey and site map, drawn to scale, showing/labeling the following:
(a) Property address and/or legal description.
(b) Fronting street(s) and street names.
(c) Property lines and property line dimensions.
(d) Proposed retaining wall material/type.
(e) Proposed location of the retaining wall and distance from property lines.
(f) Existing objects and/or structures located near the proposed retaining wall.
(3) All retaining wall applicants/installers shall clearly mark the location of all property corners, boundary lines and the proposed retaining wall with the assistance of a registered surveyor and/or a certificate of survey. Such markings may be made with paint, flags, stakes and/or laths before a site inspection is conducted by the designated city official.
(D) Setbacks.
(1) All private retaining walls and landscape walls abutting up to or running parallel with a nearby property line shall be setback at least two feet from the property line to allow for adequate access and maintenance. Retaining walls extending over multiple parcels/property lines shall require approval by the City Engineer and/or Building Official.
(2) All private retaining walls and landscape walls shall be setback away from the edge of any public roadway, trail or sidewalk to allow for adequate room for access and maintenance.
(3) Private retaining walls and landscape walls adjacent to wetlands shall be setback in accordance with all applicable city, state and federal wetland buffer regulations as amended from time to time.
(E) Drainage, utilities, wetlands and easements.
(1) Rights-of-way and easements.
(a) Private retaining walls shall not extend into any public rights-of-way, easements or onto public property except by means of an encroachment agreement approved by the city. The encroachment agreement shall also be recorded with the County Recorder's Office. The city retains the right to deny encroachment requests for any or no reason. Further, the city or any utility company having authority to use the rights-of-way or easements, shall not be liable for repair or replacement of landscape/retaining walls in the event that they are moved, damaged or destroyed by virtue of the lawful use of the easement.
(b) Any landscape or retaining wall placed in a drainage easement shall not adversely affect drainage or create debris build-up.
(c) All landscape or retaining wall applicants and/or property owners are responsible for verifying that no conflict exists with utilities prior to installation.
(2) Drainage. All retaining walls shall be accompanied with an appropriate drainage system to adequately relieve water pressure behind the wall and provide for proper drainage.
(F) General requirements.
(1) State law applies. All retaining walls shall comply with the regulations stated in the State Building Code as amended from time to time.
(2) Retaining wall barriers. A permanent barrier shall be required at the top of retaining walls if the height of the drop-off is greater than 2 ½ feet (30 inches) and the top edge of the drop-off is located within five feet of a public sidewalk or trail. A permanent barrier may also be required at the top of a retaining wall deemed as an obvious safety threat to the general public by the city.
(3) Nuisance. It shall be the responsibility of all landscape and retaining wall owners to keep their walls in a condition of good repair and appearance and not in a condition of disrepair, danger, or constitute a public or private nuisance. Any landscape or retaining wall shall be considered a public nuisance, if it does not comply with the following:
(a) All landscape/retaining walls shall comply with associated regulations relating to nuisance and blight stated in the City Code.
(b) All landscape/retaining walls shall be constructed firmly in place and not in a stage of bowing or collapse.
(c) All landscape/retaining walls shall be maintained in sound and good repair and free from loose boards/blocks/boulders, breaks, or gaps not otherwise intended in the original design of the wall. The wall shall be free from any defects or condition which makes the wall hazardous.
(d) All wooden landscape/retaining walls shall be made of treated or decay resistant wood.
(e) No landscape/retaining walls shall have a failing drainage system.
(Ord. 2011-242, passed 4-28-2011)