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ORDINANCE NO.2623
AN ORDINANCE AMENDING CHAPTER 18.20 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "RESIDENTIAL ZONES"
THE CITY COUNCIL OFTHE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 18.20 ofthe Moses Lake Municipal Code entitled "Residential Zones"is amended as
follows:
18.20.120 Fences.Walls,and Hedges:
A. Solid fencing shall not obscure sight at intersection.
B. All corner lots shall maintain a
vehicular sight triangle for safety
purposes.A sight triangle shall be
formed by measuring from the
intersection ofthe extended curb line
or the traveled right-of-way (if no
curbs exist)of the adjacent streetto a
distance of fifty feet (50')from the
corner point.The third side of the
triangle isthe straight lineconnecting
the two (2) fifty foot (50')sides.
Within the area comprising the
triangle, no fence, shrub, or other
physicalobstruction higherthanthirty-
six inches (36")abovetheestablished
street grade shall be permitted .See
Figure 1.
Figure 1
C.Fences and walls and hedges shall
not exceed four feet (4')above
finished ground leveloutsideofthevehiclesighttriangle inany front yard orcornerlot exterior
side yard,except forthe following:
1.In the R-4 Zone, chain link,woven wire, or split rail fences,not to exceed five (5) feet in
height are permitted.Fences of other materials and sight-obscuring fences shall not
exceed 4".
2.When one of the frontages of a through lot is a primary or secondary street, sight
obscuring fences not exceeding six feet (6')inheight may be builtinside the propertyline
towithinfive feet (5')ofthe sidewalk abutting the primaryor secondary street, providedthe
following requirements are met unless otherwise approved by the Planning Commission:
a.The adjacent strip of land between the fence and the back of the adjacent sidewalk
shall be improved by the property owner concurrent with the fence installation.
b.The property owner shall provide a treatment plan for the strip of land as part of the
building permit application process.
c.The treatment plan shall provide for minimum treatment with grass,decorative rock,
wood,bark, or any combination of such materials or similar materials ina mannerthat
will minimize disturbance by natural elements or pedestrians.Additional landscaping
is encouraged.
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ORDINANCE NO.2623
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d. Approved landscaping,installed between the fence and the property line shall be
permanently maintained in a healthy growingcondition. Dead,diseased,and dying
material shall be replaced immediately.Planted areas shall be maintainedclearof
rubbish and debris.
e. Fences proposed along Valley Road, Yonezawa Boulevard,Grape Drive,Division
Street, and Nelson Road shall be three-dimensional,capped or framed, with twelve
inch(12")wide pilasters locateda maximumofsixteen feet (16')apart.Pilasters shall
be of contrasting materials.The use of durable materials,such as masonry, is
strongly encouraged.Masonry columns a minimum of two feet (2')wide may be
placed every forty-eight feet (48')maximum if used in placeof pilasters.All wood
materialsused must be paintedor stained. Fences that are not consistent withthe
conditions specifically stated inthissectionmay be allowed subjecttothe approval of
the Planning Commission.
f.Lotscontained within subdivisionsmay notapply for an individual fence permitunless
the majority ofthe lotswitharterial street frontage within that subdivision have already
legally constructedsixfoot(6')highfencing alongthe frontage.Ifless thanthe majority
of said lots have six foot (6')high fencing, then a subdivision fence pursuant to
18.20.120.K is required.
D.Fences and walls shall not exceed eight feet (8')above finished ground level inany interior
side or rear yard.
E. Fences alongwalkways, pedestrian paths, or activity trail linksopen to the public shallbe no
more than four feet (4')solid or six feet (6') open in height or a combination of both with a
maximum of fourfeet (4')solid portion startingfromthe top of the walkway, pedestrian path,
or activity trail.Fencing located within the front or exterior side yard setback area may not
exceed 4'in height. All fencing materials must be located inside the property line, and a
landscaping treatment is required for the exterior side of the fence up to the hard surface
pathway.This area shall be maintained by the property owner.The landscaping treatment
planis required inconjunction with the fence permit application and shall include a minimum
treatment of grass,decorative rock,wood,bark, or any combination of such materials, or
similar materials, in a manner that will minimize disturbance by natural elements or
pedestrians.Additional landscaping is encouraged.
F. All fences in residential zones shall be constructed of material commonly used in residential
fence construction,such as wood,masonry,ornamental iron,chain link,and similar material.
Fences of synthetic materials that have the functional equivalence of natural or traditional
material may be substituted.Fences shall not be made of tires, or similar salvage materials,
not originally designed as structural components of fences or buildings
G. Electric fences and barbed wire fences shall be prohibited,except inthe R-4 Zone where they
may be used to contain livestock.Such fences shall not be located within the front yard
setback area oralong property lines adjacent to other residential and commercial zones and
shall be removed when the livestock use has been discontinued.Electric fences shall be
posted withpermanent signs every fifty feet (50')statingthatthe fence iselectrified.Allelectric
fences and appliances,equipment,and materials used in connection therewith shall be listed
or labeled by a qualified testing agency and shall be installed in accordance with
manufacturer's specifications and in compliance with the National Electrical Code.
H.Responsibility of Owners and Occupants:
1.It shall be the responsibility ofthe ownerand/or occupantofthe property wherea fence is
erected to maintain the structureingood repair at all times.When a portion ofthe fence,I exceeding twenty five percent (25%)of the street frontage is found to be in adeteriorated
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condition and/or inneed of repair,including,but not limitedto, broken or missing structural
components,and/or the fence is substantially less than perpendicular to grade,the
Building Official,or his or her authorized agent, may order the fencing to be repaired,
replaced or removed depending on the condition of the fence. Such order shall be in
writing.Ifthe fencing isorderedto be replaced,then new fencing shall meet the current
regulations.
2. The provisionsof this section shall not apply to fences,walls,or shrubbery owned or
maintainedbythe city,orto fences constructed ormaintainedby anyothergovernmental
body oragency,for whichthe principal purpose is inherentto public safety.
I.An installation permitshallbe requiredforthe construction,erection, or installation of a fence
orwall.Allpermitapplicationsshallbe reviewed and approved bythe Building Official and the
CityEngineer forvehicularand pedestrian safety.Fences and walls exceeding six feet (6')in
heightare regulatedbythe State Building Code and require a building permitand associated
fees.
J.Additional information about fences is contained in MLMC 12.28.
K.Subdivision Fencing:Borderfences orwalls notto exceed six feet (6')inheightalong streets
bordering the subdivision and taperingto no higherthan three feet (3')at street intersections
and/or subdivision entrances may be permitted for new subdivisions under the following
conditions:
1.The subdivision must be designed for interior street access to alllots abutting the border
street(s).
2.Ifsuch a fence is proposed it must be forallor a majority of the arterialstreet frontage the
subject lots abut. Individual fences tallerthan forty-eight inches (48")on independent lots
will not be permitted in the required set back areas.
3.Fences shall be three-dimensional,cappedor framed, with twelve inch (12")wide pilasters
located a maximum of sixteen feet (16') apart. Pilasters shall be of contrasting materials.
The use of durable materials,such as masonry,is strongly encouraged.Masonry columns
a minimum of two feet (2')wide maybe placed every forty-eight feet (48')maximum if used
in place of pilasters.All wood materials must be painted or stained.
4.The fence may be installed along the public right-of-way line provided there is a minimum
of five feet (5'j ofirrigated landscaping between the fence and the street improvements
(sidewalk, curb, gutter,street trees). Border fences may not extend intothe frontyardon
corner lots.
5. A five foot(5')widthof landscaping is required between the fence and the abutting arterial,
exceptthat if the arterialis SR-17 than landscaping must complywith section 18.57.040.
Landscaping forallother arterials must include one of the following landscaping options:
a. Deciduous trees plantedat an average spacing of twenty-five feet (25'),and a mix of
evergreen and deciduous shrubs,spaced no furtherthan 4' apart that do not exceed
a height of four feet (4'),and non living groundcover; or
b. Deciduous trees planted at an average spacing of twenty-five feet (25'),and live
groundcover.
6. The type anddesign ofthe fence and landscaping shallbe reviewedandapprovedbythe
Planning Commission,and may be concurrent with the subdivision review process. The
reviewshallincludethe fence material,landscaping,maintenance and the timing of the
ORDINANCE NO.2623
Page 4 July 26,2011
installationoffence and landscaping.All applications for subdivision fencing or walls shall
be reviewed by the City Engineer for vehicular and pedestrian safety.
7.All landscaping elements, plantmaterials, and street trees shall be planted or installedby
the developer and permanently maintained pursuant to MLMC 18.57.090 by a
homeowner's association.In the absence of a homeowner's association,(i.e. if it is
disbanded)landscaping shall be maintained by the individual property owner.
8. A homeowner's association,or similar organization,is required and shall perpetually
maintainthe fence and the landscaping. The developer and/or homeowners association
shall provide evidence of such perpetual maintenance. The Community Development
Director shall approve the evidence of the homeowners'association,
9.An irrigation system designed for the health of the street trees on arterial streets
maintained by the homeowner's association or individual ownershall be required.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on July 26, 2011.
ATTEST:
Ronald irector
APPROVED AS TO FORM:
KathEfirae L.Kenison,City Atro