Chapter 17.21


17.21.010    Fencing.

17.21.020    Fencing by zones.

17.21.030    Noncompliant fencing.

17.21.040    Prohibited fencing.

17.21.050    Fencing height measurement.

17.21.060    Penalties.

17.21.010 Fencing.

(1) A building permit is required to construct, alter, and/or modify fencing in the city of Clarkston, as outlined in Chapter 15.40 CMC.

(2) Fencing shall be constructed on private property not on public right-of-way. It shall be the property owner’s responsibility and obligation to identify the property lines when proposing to construct fencing. A property survey may be required by the city.

(3) Fencing shall not conflict with the requirements for clear-vision area as outlined in CMC 17.15.020.

(4) To obtain a fencing permit the applicant shall provide a site map of the property, indicating the location of the fence, the height, the material (type) of fencing, a north arrow, and the city street. No permit will be issued without a site map.

(5) Fencing shall be maintained in good working order; property owners are responsible for maintaining fencing.

(6) No pallets, construction demo, and/or unapproved fencing shall be constructed and/or maintained in the city. [Ord. 1630 § 1, 2019.]

17.21.020 Fencing by zones.

(1) Fencing in R-1, R-2, R-3, M-C, D-C, and N-C zones not exceeding 42 inches in height may be placed anywhere on the property. Fences between 42 and 72 inches in height may be placed in the rear and side yards of the property as outlined in Chapter 17.10 CMC.

(2) Fencing in S-C, H-I, and P-C zones not exceeding 72 inches in height may be placed anywhere on the property. Fencing in conjunction with a public facility, when required to provide security around unattended outdoor storage areas or to protect the public from contact with hazardous conditions, materials or equipment, may exceed 72 inches in height, but in no instance shall exceed 120 inches in height; and further provided, it shall be placed no closer to a public street right-of-way line than the building setback as outlined in CMC 17.10.030. [Ord. 1630 § 1, 2019.]

17.21.030 Noncompliant fencing.

Fencing not in compliance with this chapter shall, within 20 days of notification from the city, be removed by the owner or, upon failure to remove the fencing, the public works director is authorized to cause the removal of the fence, the cost of which shall be billed to the owner. [Ord. 1630 § 1, 2019.]

17.21.040 Prohibited fencing.

(1) The use of electrically charged fencing is prohibited.

(2) The use of barbed wire/concertina fencing is prohibited in R-1, R-2, R-3, N-C, M-C, and D-C zones.

(3) Upon written approval from the public works director barbed wire/concertina fencing may be constructed in S-C, P-C, and H-I zones, to provide security around unattended outdoor storage areas or public facilities which could cause injury if accessible to public contact. When permitted, such fencing shall be located no closer than four feet to any street, sidewalk, alley or other public right-of-way. [Ord. 1630 § 1, 2019.]

17.21.050 Fencing height measurement.

(1) For purposes of this chapter, the grade from which the height of all fences placed adjacent to a street right-of-way shall be measured is the elevation of the centerline of the street or the top of the curb. For fences and walls placed elsewhere on the site, the grade from which the height shall be measured shall be either the existing groundline elevation of that fence or wall location or a new groundline. Any new groundline shall be no higher than the grade of the primary structure on the site.

(2) Fencing constructed on a berm, wall and/or uneven grade shall not exceed the allowable fence height. Fencing constructed on a slope must follow the slope or step with the slope so as not to exceed the allowable height at any point along the fencing. [Ord. 1630 § 1, 2019.]

17.21.060 Penalties.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish fencing in violation of this code. The penalties to each violation of any term and/or condition and/or requirement of this chapter shall be a civil infraction, as defined in CMC 1.01.110(1)(a), and for each violation shall be fined in addition to any other remedy and/or penalty specifically set forth in this chapter, an amount of $150.00. For a second infraction of the same provision occurring within a 12-month period, the amount of the penalty that may be forfeited shall increase to $200.00. For a third and subsequent infraction of the same provision within a 12-month period the amount of the penalty that may be forfeited shall increase to $250.00. [Ord. 1630 § 1, 2019.]