2400ORDINANCE NO. 2400
•AN ORDINANCE AMENDING CHAPTER 18.20 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "RESIDENTIAL ZONES"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 18.20 of the 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.
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B. All corner lots shall maintain a
vehicular sight triangle for safety
purposes. A sight triangle shall be
formed by measuring from the
intersection of the extended curb line
or the traveled right-of-way (if no
curbs exist) of the adjacent street to
a distance of fifty feet (50') from the
corner point. The third side of the
triangle is the straight line connecting
the two (2) fifty foot (50') sides.
Within the area comprising the
triangle, no fence, shrub, or other
physical obstruction higher than
thirty-six inches (36") above the
established street grade shall be
permitted . See Figure 1.
Street
71—
Curb Lim 50
Ciearview Line --11:%
Property Lines
Figure 1
C. Fences, walls, and hedges shall not
exceed four feet (4') above finished ground level outside of the vehicle sight triangle in any
front yard or corner lot exterior side yard, except for the 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') in height may be built inside the property line
to within five feet (5') of the sidewalk abutting the primary or secondary street, provided
the 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 in a manner that
will minimize disturbance by natural elements or pedestrians. Additional landscaping
is encouraged. •
ORDINANCE NO 2400
PAGE 2 June 10, 2008
d.Approved landscaping, installed between the fence and the property line shall be
permanently maintained in a healthy growing condition. Dead, diseased, and dying
material shall be replaced immediately. Planted areas shall be maintained clear of
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 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 may be
placed every forty-eight feet (48') maximum if used in place of pilasters. All wood
materials used must be painted or stained. Fences that are not consistent with the
conditions specifically stated in this section may be allowed subject to the approval
of the Planning Commission.
f.Lots contained within subdivisions may not apply for an individual fence permit
unless the majority of the lots with arterial street frontage within that subdivision have
already legally constructed six foot (6') high fencing along the frontage. If less than
the majority of said lots have six foot (6') high fencing, than a subdivision fence
pursuant to 18.20.120. L is required.
D.Fences and walls shall not exceed eight feet (8') above finished ground level in any interior
side or rear yard.
E.Fences along walkways, pedestrian paths, or activity trail links open to the public shall be no
more than four feet (4') solid or six feet (6') open in height or a combination of both with a
maximum of four feet (4') solid portion starting from the 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
plan is required in conjunction 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 in the R-4 Zone where
they may be used to contain livestock. Such fences shall not be located within the front yard
setback area or along 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 with permanent signs every fifty feet (50') stating that the fence is electrified. All
electric 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:
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• 1. It shall be the responsibility of the owner and/or occupant of the property where a fence
is erected to maintain the structure in good repair at all times. When a portion of the
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ORDINANCE NO. 2400
PAGE 3 June 10, 2008
fence exceeding twenty five percent (25%) of the street frontage is found to be in a
deteriorated condition and/or in need of repair, including, but not limited to, 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. If the fencing is ordered to be replaced, then new fencing shall meet the
current regulations.
2. The provisions of this section shall not apply to fences, walls, or shrubbery owned or
maintained by the city, or to fences constructed or maintained by any other governmental
body or agency, for which the principal purpose is inherent to public safety.
I.An installation permit shall be required for the construction, erection, or installation of a fence
or wall. All permit applications shall be reviewed and approved by the Building Official and
the City Engineer for vehicular and pedestrian safety. Fences and walls exceeding six feet
(6') in height are regulated by the International Building Code and require a building permit
and associated fees.
J.Additional information about fences is contained in MLMC 12.28.
K.Subdivision Fencing: Border fences or walls not to exceed six feet (6') in height along streets
bordering the subdivision and tapering to no higher than 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 all lots abutting the border
street(s).
2.If such a fence is proposed it must be for all or a majority of the arterial street frontage the
subject lots abut. Individual fences taller than forty-eight inches (48") on independent lots
will not be permitted in the required set back areas.
3.Fences shall be three-dimensional, capped or 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 may be 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') of irrigated landscaping between the fence and the street improvements
(sidewalk, curb, gutter, street trees). Border fences may not extend into the front yard on
corner lots.
5.A five foot (5') width of landscaping is required between the fence and the abutting
arterial, except that if the arterial is SR-17 than landscaping must comply with section
18.57.040. Landscaping for all other arterials must include one of the following
landscaping options:
a. Deciduous trees planted at an average spacing of twenty-five feet (25'), and a mix of
evergreen and deciduous shrubs, spaced no further than 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.
• ATTEST:4/. ,K0:57P-C
R6nald R. Cone, Finance Director
Naln-nnn-44MIONSIM
Ronald C. Covey, i . or
Adopted by the City Council and signed by its Mayor on J
ames A. Whitaker, City Attorney
ORDINANCE NO. 2400
PAGE 4 June 10, 2008
6.The type and design of the fence and landscaping shall be reviewed and approved by the
Planning Commission, and may be concurrent with the subdivision review process. The
review shall include the fence material, landscaping, maintenance and the timing of the
installation of fence and landscaping. All applications for subdivision fencing orwalls shall
be reviewed by the City Engineer for vehicular and pedestrian safety.
7.All landscaping elements, plant materials, and street trees shall be planted or installed
by 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
maintain the 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 owner shall 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.
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APPROVED AS TO FORM:
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