Chapter 18.34


18.34.010    Purposes.

18.34.020    Action by Community Development Director.

18.34.030    Application procedure and fee.

18.34.040    Public hearing procedure.

18.34.010 Purposes.

The provisions of DMC 18.34.010 through 18.34.040 shall be known as the administrative fence permit regulations. The purpose of these provisions is to allow for minor adjustments to the street side yard fencing standards for corner lots contained within DMC 18.33.050(E). [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.34.020 Action by Community Development Director.

A. The Community Development Director is empowered to approve or deny applications for administrative fence permits to allow minor adjustments to the fencing standards in DMC 18.33.050(E), subject to the following findings:

1. The adjustment will not impair the harmonious relationship of adjacent uses;

2. The adjustment will not be detrimental to the health, safety, or welfare of the neighborhood in which the project is located;

3. The adjustment is consistent with the objectives of this title; and

4. The adjustment is necessary due to unusual or special circumstances or conditions relating to the shape, size or configuration of the property or orientation of the improvements in order to gain full use and enjoyment of the property (see sample unusual corner lot diagram below).

B. Adjustments shall be subject to the following fencing standards:

1. Fences located on a street side yard may be constructed up to the property line or back of sidewalk to a maximum height of six (6) feet subject to the following:

a. If the fence is set back from the property line or back of sidewalk, the area between the property line or back of sidewalk and the fence shall be maintained free of weeds.

b. The fence cannot extend beyond the nearest front corner of the main structure (see diagram below).

2. Fences adjacent to driveways, including on double frontage lots, shall not encroach into the clear vision triangle (see fence permit standards diagram below).

[Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.34.030 Application procedure and fee.

Application for an administrative fence permit shall include the following data:

A. Name and address of the applicant.

B. Statement that the applicant is the owner of the property or is the authorized agent of the owner.

C. Address or description of the property.

D. Diagram to scale showing location of proposed fence. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.34.040 Public hearing procedure.

A. Staff shall notify all adjacent property owners within one hundred (100) feet of the subject site at least fifteen (15) days prior to the public hearing.

B. At that public hearing, the Community Development Director shall review the application and the statements and diagrams submitted therewith, and shall receive pertinent evidence concerning the proposed fence and the proposed conditions under which it would be erected or maintained, particularly with respect to the findings prescribed in DMC 18.34.020. Any objections to an administrative fence permit shall be considered in the decision to approve or deny the request. The Community Development Director has the authority to impose conditions to ensure safety, or to deny request in whole or in part. The decision of the Community Development Director shall be final unless an appeal is filed within fifteen (15) days of the decision. Such appeal shall be heard in the manner prescribed in Chapter 18.40 DMC. The Community Development Director may, at his/her discretion, refer an administrative fence permit to the Planning Commission for a decision. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]