Chapter 16.12
FENCE REGULATIONS
Sections:
16.12.010 Definition of fence.
16.12.080 Regulatory provisions for continuation.
16.12.090 Enforcement, violations and penalties.
16.12.000 Purpose.
The city will promote the health, safety and welfare of its citizens by ensuring that fences do not obscure the sight distance at intersections and are not harmful to its citizens or the wider community. The city further intends to allow the use of fences for screening, privacy, protection of property, small children and retention of pets. (Ord. 08-09 § 1, 2009).
16.12.010 Definition of fence.
For purposes of this chapter, BMC 19.12.225, as now or hereafter amended, shall constitute the definition of a fence. (Ord. 08-09 § 1, 2009).
16.12.020 Measuring height.
The height of a fence located on the ground or a retaining wall shall be the vertical distance from the top board, rail or wire to the ground directly below the fence, except when:
(1) A fence is located on a retaining wall containing fill or a landscaping berm. Here, the height of the retaining wall or berm shall be considered a portion of the height of the fence and shall be measured from the ground on the high side. (Ord. 08-09 § 1, 2009).
16.12.030 Height limits.
In all instances, the height of the fence shall meet the following requirements:
(1) No fence may exceed four feet, zero inches in height within a required front setback.
(2) Fences not within the front yard setback may not exceed the following:
(a) Residential, general and agricultural zones and uses: six feet, zero inches.
(b) Commercial, industrial, business park, utility and public zones and uses: eight feet, zero inches, subject to building code and/or landscaping requirements.
(3) The four-foot height requirement of subsection (1) of this section may be increased to up to six feet, zero inches by the building official upon a showing by the applicant of the following:
(a) The proposed fence will not cause or contribute to a hazardous traffic situation; and
(b) The proposed fence does not restrict access to installed utilities; and
(c) The proposed fence is necessary to afford reasonable privacy, security, screening or noise attenuation to the subject property; and
(d) The proposed fence is not out of character with development in the immediate vicinity of the subject property; and
(e) Because of unusual conditions applicable to the subject property, including size, shape, topography, location, natural features or surroundings, which were not created by the owner or applicant, the strict application of the four-foot height would deprive the property of rights and privileges enjoyed by other properties in the vicinity and zone in which the subject property is located. (Ord. 08-09 § 1, 2009).
16.12.040 Fence location.
(1) Private Property. All fences must be placed on or within the property lines except those fences extending beyond the property lines which are permitted under subsection (2) of this section.
(2) Within Public Right-of-Way. Except for those installed by the city, no fence may be placed within a public right-of-way unless written approval is granted by the building official in consultation with the fire department. The building official may allow minor encroachments of two to three feet into the public right-of-way in those situations where the property line abuts a public sidewalk and it meets the following conditions:
(a) The proposed fence location will not cause or contribute to a hazardous traffic situation or result in an impediment to the pedestrian way. ADA standards of 48-inch clearance must be maintained between the installed fence and edge of sidewalk or curb face; and
(b) The proposed fence does not restrict access to installed utilities; and
(c) The proposed fence location is not out of character with development in the immediate vicinity of the subject property.
(3) Fences must not obscure the sight distance necessary to allow vehicles to be seen at intersections and on corner lots. (For information about protecting the necessary sight distance, refer to Section 4.12 of the latest version of the Development Guidelines and Public Works Standards or contact the planning department for more information.)
(4) Where landscaping is required pursuant to Chapter 19.29 BMC, fences must be placed behind barrier buffers and visual relief buffers in a fashion to complement and not overwhelm their purpose. (Ord. 08-09 § 1, 2009).
16.12.050 Electric fences.
(1) Permitted Locations.
(a) Electric fences are permitted only on agricultural property or at other locations required by state or federal law.
(b) Exempt from this regulation are those fences intended solely to restrict household domestic pets such as cats and dogs (“invisible fencing”), and not posing a threat to the health and safety of other people and pets walking in proximity of the fence.
(2) Use of Electric Fences.
(a) All electric fences and appliances, equipment, and materials used in connection therewith shall be listed or labeled by a qualified testing agency.
(b) Electric fences shall be installed in accordance with manufacturers’ specifications and in compliance with the latest edition of the National Electrical Code.
(c) Electrical fences located along property lines or adjacent to public rights-of-way, residential zones, and public facilities must be located at a distance and in such a manner as to prohibit incidental contact.
(d) Electric fences shall be posted with permanent nonmetallic signs which are a minimum of 32 square inches in area at intervals of 25 feet along the fence stating that the fence is electrified. (Ord. 08-09 § 1, 2009).
16.12.060 Barbed wire fences.
The incorporation of barbed wire into fencing is prohibited excepting the following uses where approval is obtained by the building department:
(1) Barbed wire may be used on top of a six-foot wire, solid or chain link fence surrounding a public utility, government facility or industrial site;
(2) Barbed wire may be used when the fence is not a property boundary line fence. (Ord. 08-09 § 1, 2009).
16.12.070 Variances.
Any variance from the above requirements beyond that which the building official has express authority to grant shall be obtained in accordance with the provisions of Chapter 19.40 BMC. (Ord. 08-09 § 1, 2009).
16.12.080 Regulatory provisions for continuation.
The following regulations shall govern the continuation of nonconforming fences:
(1) Any nonconforming fence as to the terms and conditions as defined in this chapter, which lawfully existed at the time of the final passage of the ordinance codified in this chapter, is permitted to continue and to be maintained.
(2) A nonconforming fence may be substantially altered, renovated, enlarged or reconstructed only through the granting of a variance as provided in this title.
(3) Regular and ordinary maintenance shall not be construed as enlargement, expansion, change, alteration, renovation or reconstruction as used in this section.
(4) A nonconforming fence which has been destroyed or removed shall not be replaced or reconstructed unless it complies with this chapter. However, a nonconforming fence which has been partially damaged due to an act of God or other act not perpetrated intentionally by the property owner is exempt from this requirement. (Ord. 08-09 § 1, 2009).
16.12.090 Enforcement, violations and penalties.
Any person violating or failing to comply with any of the provisions of this title shall be subject to the notice requirements, enforcement, violations and/or penalty provisions of Chapter 1.12 BMC. (Ord. 08-09 § 1, 2009).