5-137. Retaining Walls.
A. Retaining Walls Existing Prior to September 20, 1989. Retaining walls that existed on any lot prior to September 20, 1989, may be replaced in substantially the same location and with substantially the same materials without the approval of the ARB; provided, that (a) any such replacement shall be located at least two feet (2') back from any street line; and (b) a building permit for the replacement structure shall be obtained prior to any construction.
B. Retaining Walls Constructed On or After September 20, 1989. Except as provided in Section 5-137, no retaining wall shall be constructed on or after September 20, 1989, without the approval of the ARB. In considering all plans and specifications submitted in connection with a building permit application that includes the construction of a retaining wall, the ARB shall not approve such plans and specifications as to the retaining wall, unless it finds that the requirements set forth in Section 5-146 exist and in considering such findings shall, in addition to other applicable factors, examine the following factors:
1. The height and location of the proposed retaining wall recognizing:
(a) That the greater the height of the retaining wall facing an adjoining property or street, the greater the likelihood of an adverse impact on an adjoining property or the neighborhood, particularly if the wall is located in close proximity to an adjoining property or street;
(b) Conversely, that the lower the height of the retaining wall facing an adjoining property or street, the less the likelihood of an adverse impact on an adjoining property or the neighborhood;
2. The design and materials of the proposed retaining wall recognizing that design and materials should be in general conformity with the style and design of surrounding structures;
3. The effect of the retaining wall on surface drainage, recognizing that the proposed retaining wall should not cause the surface drainage to change in a manner that would adversely affect surrounding properties; and
4. The purpose for the retaining wall, recognizing:
(a) That if the retaining wall is being constructed to retain soil that has been relocated from one part of the property to another part of the property creating a change in the topography or soil brought on the property from offsite, the greater the likelihood of an adverse impact on adjoining property and the neighborhood;
(b) That legitimate safety and drainage requirements for a retaining wall may outweigh any negative appearance impact of the retaining wall on the neighborhood; and
(c) That alternative solutions may remove or limit the need for a retaining wall.
The ARB may within its powers, approve or deny a proposed retaining wall of any height, design, materials and at any location, or the ARB may modify the height, design, materials or location of the retaining wall as in its opinion should be done under the circumstances. [Ord. 1267, 09-14-09.]