Chapter 15.08
FENCES, WALLS AND HEDGES
Sections:
15.08.010 Applicability.
15.08.020 Restrictions.
15.08.030 Fences for wrecking yards or junkyards.
15.08.040 Repealed.
15.08.045 Exemptions.
15.08.050 Variance.
15.08.060 Administration.
15.08.010 Applicability.
These regulations shall apply to fences, walls and hedges for both residential and nonresidential uses. (Ord. 664, 1978)
15.08.020 Restrictions.
The following restrictions shall apply to construction, maintenance, repair or replacement of fences, walls and hedges:
A. A fence installation permit is required prior to installing any new fence or wall. Permit fee shall be as set by periodic resolution of the city council.
B. Fences and walls shall have a maximum height of forty-two inches within the front-yard setback line, and a maximum height of six feet anywhere else on the lot. Residential lots one acre or larger shall have a maximum height of six feet anywhere on the lot, provided the fence complies with subsection (C) of this section.
C. Fences, walls and hedges shall not cause a sight obstruction at street intersections or driveways as determined by the city engineer.
Additionally, hedges must be trimmed back to the inner edge of the public sidewalk area.
D. The height of the fence is measured from its top surface, board, rail, or wire to the ground on which it stands. Where a fence is built on top of a retaining wall the fence height shall be measured on the up-hill side.
E. Fences may be constructed of wood, masonry, or wire. All construction is to be done in such a manner as to leave no sharp or protruding edges, barbs, or projections.
F. Fences in nonresidential zones may be allowed up to eight feet in height on rear property lines and side property lines up to a point equal to the closest part of any building on a lot to the public street, provided they do not form a sight obstruction at the street or street intersection or curbs as determined by the city engineer.
G. Electric fences shall be prohibited within the limits of the city unless such fence is used to contain grazing animals in an area where such agricultural use has been established as a nonconforming use.
H. Fences containing barbed wire shall be permitted only in such agricultural zones as set forth in subsection (G) of this section, or in areas where the city engineer has determined that such barbed wire is needed for security purposes.
I. Fences or hedges may be located in city rights-of-way up to sidewalks or up to a point which would leave sufficient space in city rights-of-way to establish a sidewalk; provided, that the owner of property wishing to establish a fence must first obtain a right-of-way disturbance permit as outlined in Chapter 12.36 MMC to construct such fence or establish such hedge in city rights-of-way. Such permit shall provide that the fence shall be allowed by the city only insofar as the city has no other use for the right-of-way which would conflict with maintenance of the fence by the property owner; and, should the city need to make a use of the right-of-way, the owner shall remove said fence or hedge, or portion of fence or hedge, so as to allow the city to make any proper municipal use of the city right-of-way, and the property owner shall receive no compensation from the city for such required removal, it being the understanding that such improvements on city right-of-way shall only be with the permission of the city.
J. Fences over six feet in height and walls over four feet in height require a building permit issued by the city of Monroe building department. (Ord. 003/2011 § 1; Ord. 022/2004; Ord. 1128, 1998)
15.08.030 Fences for wrecking yards or junkyards.
Motor vehicle wrecking yards or junkyards must be enclosed by a view-obscuring fence or wall at least eight feet high. Such wall or fence shall be painted or stained a neutral shade which shall blend in with the surrounding premises, and such wall or fence must be kept in good repair. A living hedge of sufficient density to prevent a view of the confined area may be substituted for such wall or fence. Any dead or dying portion of such hedge shall be replaced by the property owner or occupant. (Ord. 664, 1978)
15.08.040 Swimming pool fences.
Repealed by Ord. 010/2006. (Ord. 664, 1978)
15.08.045 Exemptions.
The provisions of this chapter shall not apply to fences erected by the Washington State Department of Corrections for the purpose of securing correctional facilities. (Ord. 1128, 1998)
15.08.050 Variance.
No deviation may be made from these regulations except with the written approval of the city engineer, with the right of appeal to the hearing examiner per Chapter 21.60 MMC. The following criteria shall be established as grounds for variance from the regulations set forth in this chapter:
A. The variance shall not constitute a grant of special privilege inconsistent with the uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located; and
B. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and
C. The granting of a variance will not be materially detrimental to the public welfare or injurious to other property or improvements in the vicinity and in which the subject property is situated; and
D. The authorization of such variance will not adversely affect the implementation of the comprehensive plan or the general intent of this chapter. (Ord. 003/2011 § 2; Ord. 003/2008 (Exh. B); Ord. 1128, 1998)
15.08.060 Administration.
This chapter shall be administered by the city engineer. The determination of sight obstructions shall be made by the city engineer. (Ord. 1128, 1998)