Chapter 16.48
FENCES
Sections:
16.48.030 General requirements.
16.48.040 Waiver or reduction of requirements.
16.48.050 Nonconforming fences declared public nuisance.
16.48.060 Enforcement of chapter – Abatement of nuisance.
16.48.010 Definitions.
As used in this chapter:
(1) “Corner lot” means a lot or plot of land which abuts on at least two streets;
(2) “Fence” means any artificial barrier erected, constructed or placed on a lot or plot of ground and shall include masonry walls and ornamental constructions as well as the commonly known wire, board, metal, wood, wood picket or wood rail fences;
(3) “Front yard” means the open space required by LMC Title 19, as now in effect or as hereafter may be enacted by amendment, revision or new enactment, between the front property line and the nearest part of any building on the lot or plot of ground;
(4) “Lot” means the parcel of land on which one or more structures are placed or are to be placed, together with the required open spaces; or a lot designated as such on an officially recorded plat;
(5) “Rear yard” means the open space, required by LMC Title 19, as now in effect or as hereafter may be enacted by amendment, revision or new enactment, extending along the rear property line throughout the whole width of the lot or plot of land between the rear property line and the nearest part of the main building upon said lot or plot of ground;
(6) “Side street property line” means the property line of a lot or plot of land which lies between the required open side yard of a building and a street;
(7) “Side yard” means the open space required by LMC Title 19, as now in effect, or as hereafter may be enacted by amendment, revision or new enactment, between the side wall line of a building and the side property line of a lot or plot of land;
(8) “Street” means a dedicated thoroughfare 21 feet or more in width, usable for both vehicular and pedestrian traffic. (Ord. 1038, 1960).
16.48.020 Height regulated.
(1) Fences built along any front property line or in the required front yard area, shall be permitted a maximum height of 42 inches above the established grade of the sidewalk.
(2) All other fences shall not exceed eight feet in height. (Ord. 2184 § 1, 1984; Ord. 1038, 1960).
16.48.030 General requirements.
(1) No fence shall extend beyond the front, side or rear property lines of any lot or plot of land.
(2) No fence shall be erected in the parking strip of any public street.
(3) Repealed by Ord. 2772.
(4) No fence shall be constructed or maintained so as to be a menace to life or limb of any person moving against it. Barbed stock-type wire fencing shall not be permitted in any congested residential district.
(5) Every fence built along the alley property line or within the required rear yard, shall be provided with a gate at least three feet in width so as to provide accessibility to the rear of any building in case of any emergency. (Ord. 2772 § 3, 2000; Ord. 1038, 1960).
16.48.040 Waiver or reduction of requirements.
(1) Recognizing that there may be situations in which the height and location of fences do not affect safety or the public welfare, it is provided that notwithstanding any provisions in this chapter to the contrary, where any of the hereinafter specified conditions exist, the owner or tenant of real property may request the appeal board of adjustment to waive or reduce the requirements of this chapter. Such appeal board of adjustment, upon determining that any provision of this chapter shall be waived or reduced for any such applicant, may impose such restrictions as they deem necessary in view of the particular facts as represented by the owner or tenant, taking into consideration the prevention of fires, the public health and safety and the surrounding neighborhood. The fee for processing a fence waiver or reduction of requirements shall be $463.00.
(2) The conditions under which the appeal board of adjustment may waive or reduce the requirements of this chapter are as follows:
(a) Where no improved alley exists at the rear of the lot of the applicant; or
(b) Where the lot of the applicant is other than rectangular in shape; or
(c) Where the lot of the applicant contains more than one front yard as shown by the plat thereof; or
(d) Where the distance from the nearest property line of a corner lot to the traveled portion of the street is 11 feet or more. (Ord. 3314 § 1, 2015; Ord. 1166 § 1, 1963).
16.48.050 Nonconforming fences declared public nuisance.
All existing fences and new fences hereafter erected in violation of the provisions of this chapter are public nuisances. (Ord. 1038, 1960).
16.48.060 Enforcement of chapter – Abatement of nuisance.
The provisions of this chapter shall be enforced in accordance with Chapter 1.33 LMC. (Ord. 3044 §§ 4, 8, 2008; Ord. 2449 § 2, 1991; Ord. 1038, 1960).
16.48.080 Exemptions.
The provisions of this chapter shall not apply to special property uses as defined by LMC Title 19, nor to any fence constructed around a tennis court on private property where the tennis court fence complies with the location requirements for private garages as established by LMC Title 19. (Ord. 1038, 1960).