Chapter 20.110
FENCES
Sections:
20.110.010 Purpose.
20.110.020 Fences, defined.
20.110.030 Permit, required when.
20.110.035 Application requirements.
20.110.040 General standards.
20.110.050 Retaining walls, fence height.
20.110.060 Earthen berms, fence height.
20.110.070 Dangerous fences.
20.110.080 Residential zone fences.
20.110.090 Commercial zone fences.
20.110.100 Industrial zone fences.
20.110.110 Public reserve/airport development zone fences.
20.110.010 Purpose.
The purpose of this Chapter is to establish the procedures and standards by which fences may be erected within the City of Walla Walla. (Ord. 2000-6 § 2(part), 2000: Ord. 96-36 § 1(part), 1996).
20.110.020 Fences, defined.
“Fence” means a barrier for the purpose of enclosing space or separating parcels of land. (Ord. 2000-6 § 2(part), 2000: Ord. 96-37 § 1(part), 1996).
20.110.030 Permit, required when.
All fences anywhere on the lot are subject to provisions of this Ordinance and require a Development Authorization prior to construction or modification. Fence permits are to be processed under Level I procedures. (Ord. 2000-6 § 2(part), 2000: Ord. 96-37 § 1(part), 1996).
20.110.035 Application requirements.
A. A Development Authorization application for a fence shall include a general site plan showing:
1. A drawing of the property with actual dimensions of property lines, particularly those which are the public right-of-way lines.
2. Location of the proposed fence on the property, to include height and type of construction.
3. North arrow and scale of drawing.
B. A legal description of the property may be required for accurate property identification.
C. It shall be the property owner’s responsibility to construct the fence according to the approved site plan. (Ord. 2000-6 § 2(part), 2000: Ord. 96-37 § 1(part), 1996).
20.110.040 General standards.
A. Fences shall not conflict with requirements for Clearview Triangle in Chapter 20.114. For public safety reasons, no variances from these provisions shall be applied for or permitted.
B. Fences shall always be required to be built on private property and never on public right-of-way. Private property lines may be a considerable distance back from actual street surfaces or curb lines.
C. It shall be the property owner’s responsibility and obligation to identify his property line when proposing to construct a fence on said property line. A property survey may be required.
D. All fences shall be constructed and maintained in a structurally sound manner. Fences which are structurally unsound and/or hazardous are subject to abatement.
E. Fences may be constructed of wood, masonry, wire or similar materials employed by standard building practice. Fences may also be formed of dense landscaping. Fences shall not be made of tires or similar salvage materials not originally designed as structural components of fences or buildings.
F. All fences (except dense landscaping) over six (6) feet shall require a Building Permit, as well as a Development Authorization. (Ord. 2000-6 § 2(part), 2000: Ord. 96-37 § 1(part), 1996).
20.110.050 Retaining walls, fence height.
A. Any free-standing property perimeter wall which is not a retaining wall shall be considered a fence. Retaining walls may be constructed to the height necessary to protect a cut-fill grade, but shall be a maximum on nine (9) inches above finished grade on the fill side of the wall.
B. Where a retaining wall is located on a line separating lots, the retaining wall may be topped by a fence of the height permitted in the particular yard in which the wall is located. The allowable height of the fence shall be determined by measuring from the finished grade of the wall. (Ord. 2000-6 § 2(part), 2000: Ord. 96-37 § 1(part), 1996).
20.110.060 Earthen berms, fence height.
Where an earthen berm is required, the size shall be determined by the appropriate reviewing body. The berm may be topped by a fence, wall or hedge of the height permitted in the particular yard in which the berm is located. The height shall be measured from the highest finished grade of the berm. (Ord. 2000-6 § 2(part), 2000: Ord. 96-37 § 1(part), 1996).
20.110.070 Dangerous fences.
A. Barbed Wire and Similar Material:
1. No fence containing barbed wire or similar material may be constructed or allowed to remain, if already constructed, upon property lines or property abutting streets, highways, alleyways, or any public right-of-way within residential zones. Up to three (3) strands of barbed wire may be used on top of a fence abutting the public right-of-way in Highway Commercial, Light Industrial, Heavy Industrial, Public Reserve and Airport Development zones so long as the wire does not protrude beyond the property line.
2. Except as provided in item 1 above, all fences containing barbed wire or similar material must be setback at least five (5) feet from property lines and public rights-of-way.
3. Fences constructed with razor wire, ribbon wire and material(s) of similar design are prohibited.
B. Electric fences are not permitted in the city except when used to contain grazing animals in an area zoned to allow such a use. Electric fences must be set back at least five (5) feet from the property line and/or must be enclosed by additional fencing or other barriers which prevent access to the electric fence by small children on the adjacent property.
C. All fences not in compliance with this section shall, within twenty (20) days of notification from the City, be removed by the owner or, upon failure to remove the fence, the Director is empowered to cause the removal of the fence, the cost of which shall be billed to the owner. (Ord. 2000-6 § 2(part), 2000: Ord. 96-37 § 1(part), 1996).
20.110.080 Residential zone fences.
The following fence height and location standards apply to interior and corner lots. Corner lots have two front yards (primary and secondary with the primary most commonly being the address side), two side yards and no rear yard. Ref. Chapter 20.103.
A. Rear and Side Yards. Fences not to exceed six (6) feet in height are permitted in side and rear yards, but shall not extend into the front yard setback.
B. Front Yard. From the front yard setback to the front property line, chain link, woven wire, and split rail fences not to exceed five (5) feet in height are permitted. Fences of other materials and sight-obscuring fences shall not exceed three and one-half (3-1/2) feet; except that, fence heights permitted for rear yards on through lots shall be as provided for secondary front yards in Section 20.110.080(B).
1. Sight obscuring fences not exceeding five (5) feet in height are permitted to within five feet of the property line of the secondary front yard, provided that approved landscaping is installed and maintained between the fence and the property line.
2. All shrubs, trees and vegetation material used in conjunction with five (5) feet high fences within the secondary front yard setback shall be permanently maintained in a healthy growing condition. Dead, diseased and dying material shall be replaced immediately. Planted areas shall be maintained clear of rubbish and debris.
Figure 20.110-1, Fence Height Standards for Secondary Front Yards
C. Subdivision Border Fences. Border fences not to exceed six (6) feet in height along streets bordering the subdivision may be permitted for new subdivisions under the following conditions:
1. The subdivision must be designed for interior street access to all lots abutting the border street(s).
2. The fence may be installed along the public right-of-way line provided there is a minimum of five (5) feet of irrigated landscaping between the fence and the street improvements (sidewalk, curb, gutter, street trees). Border fences may not extend into the primary front yard on corner lots.
3. The type and design of the fence and landscaping shall be reviewed and approved as part of the subdivision review process.
4. A funded Home Owners Association shall be established with recorded Covenants which shall provide that:
a. Abutting property owners shall be responsible to the City for the permanent maintenance of the fence and landscaping between the fence and the border street improvements.
b. All shrubs, trees and vegetation material used in conjunction with subdivision border fences shall be permanently maintained in a healthy growing condition. Dead, diseased and dying material shall be replaced immediately. Planted areas shall be maintained clear of rubbish, debris and weeds.
D. Swimming Pool Fences. All swimming pools to be constructed shall be enclosed by a fence which shall be at least four (4) feet in height and which shall be of a type not readily climbed by children. The gate shall be a self-closing and latching type with the latch on the inside of the gate not readily available for children to open; except that the following fence heights are permitted within the secondary front yard on corner lots: (See Figure 20.110-1). (Ord. 2000-6 § 2(part), 2000: Ord. 96-37 § 1(part), 1996).
20.110.090 Commercial zone fences.
A. Rear and Side Yards. Eight (8) feet shall be the maximum height in a rear yard and in a side yard behind the required front yard setback.
B. Front Yards. Fences constructed within the front yard setback shall not exceed six (6) feet.
Front yard fences behind the required front yard setback line shall not exceed eight (8) feet.
C. Swimming Pool Fences. See Section 20.110.080(C).
D. The Director and/or Site Plan Review Committee shall determine the front yard setback requirement in the Light Industrial/Commercial zone, based on the proposed and adjacent uses. (Ord. 2000-6 § 2(part), 2000: Ord. 96-37 § 1(part), 1996).
20.110.100 Industrial zone fences.
A. Rear, Side, Front Yards. Eight (8) feet shall be the maximum fence height in industrial zones except as may be provided under Subsection B below for wrecking yards or junk yards. Fencing of other industrial areas shall comply with the outdoor storage standards specified Section 20.134.060(B).
B. Fences for Wrecking or Junk Yards. Motor vehicle wrecking yards must be enclosed by a view obscuring fence or wall at least eight (8) feet high. A higher fence or wall may be required by the Director or Site Plan Review Committee. Such fence or wall shall not extend into the “clearview triangle” as specified in Chapter 20.114. Such wall or fence shall be painted or stained a neutral shade which shall blend 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 or such wall or fence when used in combination with a security fence which is not sight obscuring. Any dead or dying portion of such hedge shall be replaced by the property owner or occupant.
C. The Director shall determine the front yard setback requirement in the Light Industrial/Commercial zone based on the proposed and adjacent uses. (Ord. 2000-6 § 2(part), 2000: Ord. 96-37 § 1(part), 1996).
20.110.110 Public reserve/airport development zone fences.
Due to the wide variety of permitted uses within these districts, the Director and/or Site Plan Review Committee shall determine appropriate fence height and setback requirements based upon the proposed use and adjacent properties. (Ord. 2000-6 § 2(part), 2000: Ord. 96-37 § 1(part), 1996).