Chapter 17.37
FENCES
Sections:
17.37.030 Fence heights adjacent to arterial streets.
17.37.010 Retaining walls.
Retaining walls which exceed 30 inches in height above original grade shall not be located in any setback area. Whenever a fence is placed on top of a retaining wall, the height of the fence and the retaining wall together shall not exceed six feet measured from the original grade. (Ord. 805 § 1, 1999)
17.37.020 Fences.
A. Constructed fences shall not exceed six feet in height measured from the original grade, except as permitted under Chapter 17.40 CHMC for recreational facilities. Whenever a fence is placed on top of a retaining wall, the height of the fence and the retaining wall together shall not exceed six feet as measured from the original grade, except as permitted under Chapter 17.40 CHMC for recreational facilities. Naturally grown fences shall not exceed eight feet in height as measured from the original grade.
B. Except as provided in subsection (C) of this section and in Chapter 17.48 CHMC relating to swimming pools, fences are not subject to the setback requirements set forth elsewhere in this title; provided, that no fence shall restrict traffic visibility as defined by CHMC 17.08.100. Fences for recreational facilities that exceed six feet in height are subject to the setback requirements set forth in Chapter 17.40 CHMC.
C. Except as provided in CHMC 17.37.030(B), front yard fences shall be located not less than two feet from the right-of-way line to allow for aesthetic softening of the fence by the landscaping required under subsection (D) of this section; provided, however, that this provision shall not apply to fences which are legally within the two-foot area and existing as of the date of the ordinance codified in this section except where the property has been substantially redeveloped as defined in CHMC 17.60.030.
D. Where a fence is located or extends into a front yard setback, landscaping shall be provided between the fence and the right-of-way line according to the following guidelines:
1. The purpose of the landscaping shall be to reduce the visual impacts of the fencing to enhance the city’s appearance by preventing the look of a walled enclosure.
2. The planting design should be a harmonious composition of plant materials that balances color, texture, form, line, proportion and scale.
3. Plants selected should be of a type suited to the climate and selection should be made with an awareness of growth requirements, tolerances, ultimate size, and soil preference. Plants selected shall be guided by “A Citizen’s Guide to Urban Forest Management in the Town of Clyde Hill,” as amended. Plants shall be placed in such a manner as to prevent them from protruding into the public right-of-way and to prevent them from restricting traffic visibility as required in this section.
4. Plantings shall be of adequate quantity, size, and spacing to fulfill the purpose of landscaping within a reasonable time.
5. Whenever landscaping is required under this subsection, the owner shall maintain the same in compliance with these regulations as long as the fence remains located within the front yard setback. The city administrator is authorized to notify the owner of any property landscaped under this subsection of the fact that the landscaping is not being adequately maintained, and the specific nature of such maintenance failure. The notice shall specify a date by which the property owner shall comply. Upon failure to perform the required maintenance within the time specified in the notice, the city administrator is authorized to cause the maintenance to be completed and all expenses thereof shall become a lien against the real property of the owner. (Ord. 805 § 1, 1999)
17.37.030 Fence heights adjacent to arterial streets.
A. For purposes of this section, “arterial” shall be those streets as described or designated in CHMC 12.04.020, as the same now exists or may be amended from time to time.
B. The height of a fence shall be measured from arterial grade, or the original grade of the property, whichever is higher and shall not exceed six feet for constructed fences and eight feet for living fences; provided, however, the permitted height along 84th Avenue N.E., N.E. 12th Street and State Route 520 shall be eight feet from arterial grade or original grade of the property, whichever is higher, for a constructed fence, and 10 feet for a living fence; provided further, that fences along 84th Avenue N.E., N.E. 12th Street and State Route 520 shall not be subject to the two-foot setback requirement as provided in CHMC 17.37.020(C) as it now exists or may hereafter be amended. Arterial grade or original grade contours as provided in this subsection shall be followed in determining the height of the fence.
C. Notwithstanding the foregoing provisions of this section, no fence structure constructed along an arterial as defined in subsection (A) of this section shall exceed 10 feet in height from its base. (Ord. 805 § 1, 1999)
17.37.035 Fences over six feet in height required to obtain a building permit – Establishment of fee.
Any fences permitted under this title to be in excess of six feet in height whether by code provision or variance must obtain a building permit, comply with the provisions of CHMC Title 15 and pay the fees for same as established from time to time by resolution adopted by the city council. (Ord. 855 § 1, 2003)
17.37.040 Electric fences.
Electric fences or any device capable of giving an electric shock to any person or animal coming in contact therewith are prohibited within the city. This prohibition shall not be construed to restrict or prohibit underground “invisible” fencing which controls animals by use of an receiver collar worn by the animal(s). (Ord. 805 § 1, 1999)