The purposes of this chapter are to:

A.

Provide standards that regulate the effective use of signs as a way to identify business properties and to promote economic viability;

B.

Protect the public interest by minimizing the adverse effects of signage upon nearby properties and pedestrian and traffic safety;

C.

Permit signs that complement building uses and their surroundings by regulating their type, number, location, size, and lighting; and

D.

Minimize the aggregate amount of signage displayed with the Carnation community consistent with the city's aesthetic standards and legal requirements.

E.

Protect the City's stormwater infrastructure by not interfering with the biofiltration of the planting bioswales along Tolt Avenue.

(Ord. 679 § 2 (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

Except as provided by this chapter, no sign shall hereafter be placed, erected, re-erected, constructed, altered, or maintained, without a permit issued by the city planner.

(Ord. 679 § 2 (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

Except as otherwise provided by this chapter, no sign shall be displayed without a valid sign permit. Provided, that a sign permit applicant may obtain a single sign permit for all signs owned or otherwise displayed by the applicant. Provided further, that a group of signs displayed on a single, common supporting structure shall collectively require only a single permit.

B.

If a sign permit applicant submits a proposal for other development permits, including but not limited to an application for a rezone, master plan, special use or conditional use permit, the application may include an application for signage in sufficient detail that the city planner can determine if the proposed signage complies with the provisions of this title. A sign permit satisfying the requirements of this subsection may be issued in conjunction with the applicant's other requested development permits.

C.

Permit Requirements. Applications for sign permits shall be made to the city planner on forms provided by the city and shall be accompanied by:

1.

Two site plans showing the location of the affected lot, building or buildings, and sign or signs, and depicting both existing sign(s) and the proposed sign or signs;

2.

Two copies of a scale drawing of the proposed sign or sign revision, including size, height, copy, structural and footing details, material specifications, intended method of attachment, illumination, front and end views of marquees, calculation for dead load and wind pressure, photographs of site and building marked to show where sign or marquee is proposed, and any other information required to ensure compliance with appropriate laws;

3.

Written consent of the owner of the building, structure or property where the sign is to be erected, if the applicant is not the owner; and

4.

A nonrefundable permit fee in an amount prescribed by the city council by resolution.

D.

A sign permit issued pursuant to this chapter shall expire automatically if construction and erection of the sign has not been fully completed within ninety days of permit issuance.

E.

To the extent legally permissible, the city planner may suspend or revoke a permit issued under provisions of this chapter whenever such permit is issued in error or issued on the basis of incorrect information, or whenever a sign is in violation of any ordinance, regulation or provision of this chapter.

F.

Whenever the requirements of this chapter require interpretation, the most restrictive definition or standard shall prevail.

G.

The holder of a permit may, for the duration thereof, change the advertising copy on the sign for which the permit was issued without obtaining an additional permit.

H.

Separate and apart from the requirements of this chapter, any sign displayed within the city shall comply with any and all applicable state and local regulations.

(Ord. 679 § 2 (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

The signs listed in this subsection shall not require a permit. Provided, that this exemption shall not be construed as relieving an owner from the responsibility of complying with the applicable provisions of this chapter or any other law or ordinance. Provided further, that none of the following signs shall be allowed to the extent that they pose a hazard to public health or safety.

1.

Temporary holiday signs and holiday decorations erected on private property;

2.

Signs directly related to a government building, structure, service, roadway or activity that are installed or otherwise required by the city or other governmental entity;

3.

Bona fide religious symbols;

4.

Memorial signs or tablets, names of buildings, or dates of building construction, not to exceed fifteen square feet;

5.

Traffic or pedestrian control signs, signs required by law, or governmentally-approved signs indicating a scenic or historic point of interest;

6.

Sculptures, fountains, mosaics, murals and design features that do not incorporate commercial advertising, identification or obscene matter as defined by RCW 7.48.050;

7.

The official flags of governments or public institutions, including but not limited to schools;

8.

Official public notices of federal, state or local governments, including courts;

9.

Incidental signs less than two square feet;

10.

Signs not visible from the public right-of-way;

11.

Lettering or symbols painted directly or flush-mounted magnetically onto an operable vehicle. Provided, any such vehicle may not be abandoned as defined in CMC Section 10.34.010(A) or (B);

12.

Identification signs displayed upon recycling collection containers for public, charitable or nonprofit organizations;

13.

Emblems of nonprofit organizations and community service clubs, including signs less than two square feet which identify the meeting place and time of the organization or club;

14.

House of worship, public institution and school bulletin boards, identification signs, and directional signs that: (a) do not exceed one per abutting street, (b) sixteen square feet in area, and (c) are not internally illuminated;

15.

Political signs and other signs displaying exclusively noncommercial messages; and

16.

Portable and temporary signs authorized by this chapter.

B.

The activities listed in this subsection do not require a permit:

1.

Painting, repainting, cleaning, repairing and other normal sign maintenance, to the extent that structural or electrical changes are not made; and

2.

Changing the advertising copy or message on a lawfully erected and conforming sign specifically designed for the use of replaceable copy.

C.

Political signs and other signs containing exclusively noncommercial messages that displayed entirely upon private property are exempt from the provisions of this chapter except to the extent such signs pose a direct threat to public safety by virtue of their size, location, condition, illumination or manner of display.

(Ord. 679 § 2 (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

The definitions of technical terms utilized in this chapter are contained in Chapter 15.08 of this title. Illustrations of signage categories regulated by this chapter are contained in Appendix A of this chapter.

(Ord. 679 § 2 (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

Unless otherwise provided by this chapter, the following regulations shall apply to all signs:

A.

Structural Requirements. The structure and installation of all signs shall comply with the applicable provisions of all building, construction, fire and any other regulations adopted by the city, including any applicable building or other permit requirements. If required by Chapter 15.80 CMC or other applicable regulation, a building or other required permit shall be obtained prior to constructing and displaying a sign.

B.

Sign Materials and Construction. Except for temporary signs, all signs must be constructed of durable, maintainable materials. Signs made of materials that deteriorate quickly or that feature impermanent construction, including but not limited to plywood or plastic sheets lacking a sign face overlay or a frame to protect exposed edges, are not permitted. All signs, together with all attendant supports, braces, guys and anchors shall be maintained in good repair and in a safe, neat, and clean condition.

C.

Illumination of Signs.

1.

Signs with external lighting are encouraged. However, the light directed on, or internal to, any sign shall be shaded, shielded, and/or directed such that the light intensity or brightness shall not adversely affect safe vision vehicle operators on private or public property or pedestrians within the public right-of-way. Uplighting into the sky is prohibited.

2.

Backlit signs are prohibited except for projecting signs along Tolt Avenue.

3.

Signs with neon lighting are permitted.

D.

Clearance and Sight Distance. Signs must maintain a minimum of eight feet of vertical clearance over sidewalks and other pedestrian ways. Except for approved banners with fifteen feet of vertical clearance above the street surface, no sign shall be erected over a public street. Any sign erected or otherwise displayed over a state right-of-way shall conform to all applicable state regulations in addition to the requirements of this chapter.

E.

Sign Design. Applicants are encouraged to ensure that signage displays comply with the provisions and intent of the city's design guidelines.

F.

The use of sculptural or silhouette signs and traditional icons are encouraged.

G.

Street numbers should be installed on all buildings and excluded from the calculation of permitted sign area.

(Ord. 679 § 2 (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

It is unlawful for any person to maintain, display, erect or place within the city the following:

A.

Revolving signs;

B.

Strings of colored and/or blinking lights, banners, balloons, pennants, ribbons, streamers, spinners, rotating or blinking lights, or similar displays of a carnival nature. Blinking "open" signs are permitted.

C.

Signs separately attached to a vehicle or trailer parked on private or public property. Provided, this provision shall not be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during the normal course of business, automobile "for sale" signs, or signs attached to franchised buses or taxis;

D.

Signs placed in or upon a public right-of-way, except as expressly provided herein;

E.

Any sign that constitutes a traffic hazard or impediment to pedestrian or vehicular passage because of its size, location, movement, or method of illumination, or that obstructs the vision of drivers or detracts from the visibility of any official traffic control device because it unsafely diverts or tends to divert the attention of drivers of moving vehicles away from traffic movement. No sign shall be erected so that it obstructs the vision of pedestrians, or which by its glare or method of illumination constitutes a hazard to traffic. No sign may be configured in such a manner as to interfere with, mislead, or confuse the steady and safe flow of traffic;

F.

Any sign or supporting structure that is torn, damaged, defaced or destroyed in an amount greater than twenty percent of such sign face or structure;

G.

Any sign that advertises a business no longer in existence or a product no longer offered for sale. Any such sign shall be removed within sixty days. Provided, that nothing in this subsection shall be construed as requiring the removal of any sign that was lawfully displayed at its current location for a period of at least fifty years. The owner of the sign and/or the underlying real property shall bear the burden of demonstrating that any such sign was lawfully displayed for said fifty-year period;

H.

Signs attached to public utility poles, bollards, trees, rocks or other natural features;

I.

Signs attached to benches within the public right-of-way, except city-approved signs not exceeding twenty-four square inches that designate a donor or honoree by name only. Provided, nothing herein shall be construed as limiting or otherwise abridging the city's discretion in accepting or declining any proposed donation;

J.

Billboards, roof signs (including signs painted directly on the roof surface), revolving or flashing signs, and portable reader board signs;

K.

Signs employing moving or flashing lights, video, or other animated imagery;

L.

Pole-mounted signs;

M.

Signs containing exposed electrical circuitry;

N.

Signs constructed of cardboard;

O.

Backlit signs except as specified in Section 15.68.060; and

P.

Off-premises commercial signs, except as expressly authorized by this chapter.

Q.

Signs in the bioswales along Tolt Avenue because they interfere with the functionality of the City's biofiltration stormwater system.

(Ord. 679 § 2 (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

The following types of signs are permitted within residential zones and in conjunction with residential uses unless otherwise provided by this chapter:

1.

Temporary signs satisfying the requirements of CMC Section 15.68.130;

2.

One nameplate per unit not exceeding four square feet. Such signs do not require a permit; and

3.

One freestanding sign not exceeding forty-two inches in height and twelve square feet in area, exclusively displaying the name of an apartment complex, condominium complex, day nursery, retirement home, rest home, nursing home, or convalescent home, and not extending into any required yard on the lot. Flashing, electric, and reader board signs are prohibited.

B.

Home Occupation and Day Care Facilities. Home occupations and day care conducted as accessory uses within a dwelling may be identified by one additional unlighted nameplate not exceeding one and one-half square feet in area mounted on an exterior wall or window of the dwelling. Such signs do not require a permit.

C.

Subdivisions. A maximum of two freestanding subdivision signs may be placed near the main entrance to a residential subdivision, provided that:

1.

Any such sign must not be located within the public right-of-way;

2.

The display surface area of any such sign shall not exceed thirty-two square feet; and

3.

Such signs shall not be illuminated. (Ord. 679 § 2 (part), 2005)

(Ord. 679 § 2 (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

Houses of worship, public institutions, governmental buildings, libraries and schools may display one freestanding or wall-mounted nonelectrical identification sign pursuant to this section. Wall- mounted signs shall not exceed thirty-two square feet in size. Freestanding signs shall not exceed six feet in height and shall be located not less than five feet from a public street right-of-way or a side or rear yard. Freestanding signs must be landscaped with at least one square foot of landscaping around the base of the sign per one square foot of sign face.

B.

In addition to an identification sign allowed under subsection A of this section, houses of worship, public institutions, governmental buildings, libraries and schools may display one additional mural, symbol, emblem or mascot, which may include words or graphics painted or otherwise displayed on a building exterior wall. The size and design of such mural or mascot shall be consistent with the underlying buildings' architecture.

(Ord. 679 § 2 (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

For townhouse developments within non-residential zones, s maximum of two freestanding subdivision signs may be placed near the main entrance to a townhouse subdivision, provided that:

1.

Any such sign must not be located within the public right-of-way;

2.

The display surface area of any such sign shall not exceed thirty-two square feet. (Ord. 679 § 2 (part), 2005)

(Ord. 679 § 2 (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

In addition to the restrictions contained in the general provisions section, the following regulations shall apply to on-site signs within the CBD, SC and light industrial zones and to businesses in the MU zones with frontage on Tolt Avenue:

A.

Portable Signs. One portable commercial sign per business may be displayed subject to the following:

1.

Such sign may be placed within the public right-of-way but may not interfere with pedestrian or vehicular traffic;

2.

Such sign may not exceed nine square feet per face and shall be limited to two faces;

3.

Such sign may be displayed only during the hours in which the business is open;

4.

Such sign may only be located directly along the frontage of the business that the sign is advertising (on-site);

5.

Such sign may only advertise a business located within the city limits and that holds a current, valid city business license; and

6.

Signs within a right-of-way not used for vehicular travel, such as on a public sidewalk, shall only be A-Board style and constructed of wood or heavy plastic and be in good condition.

7.

Signs shall not be placed in the bioswales along Tolt Avenue. Signs in the bioswales interfere with the functionality of the City's biofiltration stormwater system.

8.

Sign permits are not required.

B.

Fuel Price Informational Signs. In a properly zoned district, one sign advertising the price of motor vehicle fuel sold from a fuel pump located on the premises shall be permitted per street frontage, subject to the following conditions: (a) such sign(s) shall be counted toward the number and size of permissible signs for the business; (b) such sign(s) may be freestanding or attached to canopy columns, and may include a changeable copy sign/reader board. In addition, each fuel pump may display an individual fuel price informational sign subject to the following conditions: (a) fuel pump price informational signs shall be limited in size to an area of two square feet; (b) each fuel pump price informational sign shall be affixed directly and firmly to a fuel pump and shall be stationary. Nothing contained herein shall be construed to prohibit use of other signs meeting the requirements of this chapter.

C.

Window Signs. Window signs may be displayed pursuant to the following restrictions:

1.

Maximum Size. Permanent and temporary window signs are limited to maximum fifty percent of the total window area. Integration of window signs with window displays is encouraged.

2.

Materials. Window signs constructed of neon, stained glass, gold leaf, cut vinyl, and etched glass are allowed. Painted signs are encouraged to display the highest level of quality and permanence.

3.

Lighting. Internally lit neon or stained glass window sign are allowed.

4.

Painted-over Windows. Notwithstanding any other provision of this section, a painted-over window shall be considered a blank wall and subject to the requirements for blank walls in Section 1.1.2 of the city's adopted design guidelines.

D.

Projecting Signs. One projecting sign is permitted for each business or other nonresidential use containing a storefront located adjacent to a public sidewalk. Projecting signs shall not extend above the building parapet, soffit, eave line or roof of the building to which the sign is attached. Projecting signs shall not project more than six feet from the building face and must be a minimum of eight feet above a sidewalk. Projecting signs may be lit in accordance with Section 15.68.060 D.

E.

Freestanding Signs. Freestanding stands may be displayed pursuant to the following restrictions:

1.

Freestanding signs may be monument signs or standing signs. Monument signs may only be used where the underlying building is set back at least twenty feet from the public right-of-way;

2.

Nonresidential developments may utilize a single freestanding sign on-site subject to the regulations in Chart I below.

Chart I.

Where a small letter appears in a caption in the chart, refer to the corresponding note below.

Notes:

^(a)  A minimum lettering height of four inches is encouraged for readability.
^(b)  ;hg;All freestanding signs must be set back a minimum of five feet from any public right-of-way.
^(c)  ;hg;Landscaping includes a decorative combination of ground cover and shrubs to provide seasonal interest in the area surrounding the sign as required in CMC Section 15.76.030(D). Landscaping shall be well maintained at all times. The city planner may reduce the landscaping requirement where the signage incorporates decorative materials.
^(d)  ;hg;Individual buildings and developments or complexes may not display more than one freestanding sign on each street frontage. Provided, a second freestanding sign may be displayed on the site as long as it advertises a different business or businesses on-site and is located at least one hundred fifty feet from the other sign.

F.

Wall Signs. Wall signs are encouraged to be designed and located appropriate to the architecture of the underlying building. For example, wall signs should not cover windows, building trim or ornamentation.

1.

Businesses may display one wall sign per building facade up to a maximum of two facades, unless otherwise approved by the city planner. Side wall signs are permitted and may cover up to ten percent of the side wall facade area. Such signs may include the name of the business and no more than two lines of incidental text in a smaller font. Such signs may be externally lit.

2.

Maximum Size—Individual Business. Sign area shall not exceed ten percent of the facade area. Businesses located adjacent to street corners may feature a wall sign on each facade.

3.

Maximum Size—Building or Center Name. A wall sign up to the lesser of one hundred square feet or five percent of the facade area to identify the name of the building or shopping center.

4.

Maximum Size—Joint Business Directory. A wall sign up to fifty square feet for joint business directory signs identifying the occupants of a commercial building and located next to the entrance.

5.

Maximum Height. Wall signs may not extend above the building parapet, soffit, eave line or roof of the underlying building.

6.

Mounting. Building signs must be mounted plumb with the underlying building, with a maximum protrusion of one foot unless the sign incorporates sculptural elements or architectural devices. The sign frame must be concealed or integrated into the building's architectural character in terms of form, color, and materials.

7.

Miscellaneous. Wall signs consisting of painted wood are encouraged. Internal lighting is not permitted.

G.

Marquee Signs. Marquee signs meeting the following conditions are allowed for commercial uses:

1.

Maximum Size. The sign area shall not exceed sixty-five percent of the vertical face of the marquee, canopy, or awning.

2.

Maximum Height. The height of a vertical face (valance) of a marquee, canopy, or awning shall not exceed one foot. Signage shall not be placed on the sloping portion of a canopy or awning.

3.

Clearance. The marquee, canopy, or awnings must be placed a minimum of eight feet above the sidewalk or walkway.

H.

Under Marquee Signs. Under marquee signs meeting the following conditions are allowed for commercial uses:

1.

Projection. Under marquee signs shall have one foot minimum between the sign and the outer edge of the marquee, awning, or canopy and between the sign and the building facade.

2.

Clearance. Under marquee signs shall maintain a minimum clearance of eight feet between the walkway and the bottom of the sign.

3.

Vertical Dimension. Under marquee signs shall not exceed two feet in height.

(Ord. 679 § 2 (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

Business located in the mixed use zone that do not front on Tolt Avenue may use any of the signs permitted under CMC Section 15.68.110 with the exception of projecting signs and monument signs. Wall signs may not exceed thirty-two square feet. Such signs may not be lit from the interior, and no neon will be allowed. All other requirements of CMC Section 15.68.110 shall apply.

(Ord. 679 § 2 (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

The following temporary off-site signs may be displayed pursuant to the restrictions contained within this section. Temporary off-site signs are signs temporary in nature that are not located along the frontage of a permitted businesses in the CBD, MU or SC zones. Provided that, except for hand-held signs, all off-site temporary signs must be securely fastened and positioned so as not to constitute a hazard to pedestrians or motorists. Signs may not obstruct the public right-of-way.

All temporary signs placed on Tolt Avenue in the CBD, MU or SC zones may only be A-Board style and constructed of wood or heavy plastic and be in good condition.

No sign shall be placed in the bioswales along Tolt Avenue. Signs in the bioswales interfere with the functionality of the City's biofiltration stormwater system.

A.

Temporary off-site signs must be removed within 5 days following the event or activity.

B.

A sign permit is not required, but permission of the adjacent property owner is required.

(Ord. 679 § 2 (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

Violations of this chapter shall be enforced pursuant to Chapter 15.28 of this title. The following enforcement provisions shall also apply:

A.

Removal of Signs. The city manager may order, direct or cause the removal of any sign erected, installed, or maintained in violation of this chapter.

B.

Nonconforming Signs. Nonconforming signs that are permanently installed and were legally installed prior to the adoption of this chapter shall be deemed legally nonconforming and allowed to continue in use so long as they are continuously maintained, are not relocated, or are not structurally altered or made less conforming in any way.

1.

Legal nonconforming signs may be temporarily removed for cleaning and routine maintenance, including but not limited to changing of lighting and wiring. Temporary removal for cleaning and maintenance purposes shall not terminate the legal nonconforming status of any such sign.

2.

Except as otherwise provided by this section, any legal nonconforming sign that is relocated or replaced shall be brought into conformance immediately, or removed within ninety days.

3.

If a business ceases to operate, all existing nonconforming signs associated with the business shall be removed by the property owner within ninety days. If the business had signage on a mall sign or building or related structure, the surface or facade or structure at the previous location of the nonconforming sign(s) shall be repaired at the time of nonconforming sign removal.

4.

A nonconforming sign, when serving as an accessory to a business operation which changes its use or location, shall no longer be considered a legal sign and shall be removed within ninety days.

5.

A legal nonconforming sign shall be brought into conformance immediately or removed within ninety days if either:

a.

The building to which the sign is attached is expanded by greater than twenty percent in area; or

b.

The building to which the sign is attached is improved or otherwise remodeled in an amount exceeding fifty percent of its valuation.

(Ord. 679 § 2 (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

For lots occupied or intended to be occupied by multiple business enterprises (e.g., a shopping center), a master sign program may be approved in the name of the lot owner or his agent. Such master sign program shall address general design standards, design and location(s) of communal signs, and all other issues addressed by this chapter. The city may assist the owner by suggesting a formula whereby the maximum square footage of sign area allowed on the lot may be allocated equitably among all tenants, but the city shall be responsible for enforcing only the provisions of this chapter and not the provisions of any allocation formula, lease, or other private restriction. Permits for individual businesses may then be issued in the name of the individual business enterprise requesting a particular sign provided that: (i) they meet the requirements of this chapter, (ii) they conform to the master sign program for the particular property on which they are located, and (iii) the owner of such property or his/her agent has signed the application acknowledging that he/she has reviewed the proposal and that it conforms to the master sign program for the property. Provided, once the maximum square footage allotment for the entire property has been reached, no further sign permits may be issued for that property unless other signs are removed or reduced in size pursuant to this chapter.

(Ord. 679 § 2 (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A person requesting a variance from the requirements of this chapter shall file an application, along with the appropriate filing fees, as provided in Chapter 15.20 of this title.

(Ord. 679 § 2 (part), 2005)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

Fences help assure the continued integrity and vitality of residential neighborhoods and protect against the diminution of property values in those neighborhoods resulting from unsightly uses; and the City will promote the health, safety, and welfare of its citizens by insuring that fences do not obscure the sight distance at intersections, and are not harmful to its citizens, and help prevent accidents.

"Fence" means a barrier composed of posts or piers connected by boards, rails, panels, wire, or a masonry wall, or plantings of trees, shrubs, or other opaque natural material(s) that would effectively screen the property which it encloses, designed for the purpose of enclosing space or parcels of land. "Fence" does not include retaining walls.

The height of a fence located on the ground or retaining wall shall be the vertical distance from the top board, rail, wire or growth to the ground directly below the fence. When a fence is located on a retaining wall containing fill or a landscaping berm, 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 low side. The height of masonry fences or hedges shall be the vertical distance from the top surface of the wall or hedge to the ground on the high side of the wall or hedge. The height of the fence shall meet the following requirements:

1.

No fence may exceed four feet in height within a required front setback except as follows: If the fence is located on an arterial, on one side of a corner lot, or perpendicular to the right-of-way and necessary for screening, increased fence height may be administratively approved by the city planner and shall not exceed the minimum height necessary to afford privacy, security, screening or noise attenuation, up to a maximum of ten feet.

2.

Fences not within the front yard setback may not exceed the following:

a.

Residential and agricultural zones and uses: seven feet.

b.

Commercial, industrial, employment/office, mixed use, utility and public zones and uses: eight feet, subject to building code and/or landscaping requirements.

Fences are required:

1.

Around permanently installed outdoor swimming pools, with the fence being a minimum of six feet in height. If wire mesh or chain link material is employed, the maximum diagonal opening in the mesh shall be one and three-quarters inch. The fence, taken in combination with any permanent structures, shall completely surround the pool, be equipped with locatable self-closing gate(s) and self latching devices positioned within six inches of the top of the fence, and be in position prior to the pool being filled;

2.

In compliance with CMC 8.12 regulating screening for garbage facilities;

3.

For protection of facilities and uses as specified by applicable state or local law;

4.

As a condition of a business license or zoning, special, or conditional use permit or site plan approval when in the opinion of the permit or license issuing authority, a fence is needed for screening or buffering purposes.

A.

Electric fences, except those fences intended solely to restrict household domestic pets, ("invisible fencing"), are permitted only on agricultural property with farm animals requiring confinement, or at other locations for which a variance has been granted.

B.

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 manufacturers' specifications and in compliance with the latest edition of the National Electrical Code. 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. All electric fences, except those fences intended solely to restrict household domestic pets such as cats and dogs, ("invisible fencing") shall be posted with permanent

non metallic signs which are a minimum of 32 square inches in area at intervals of fifteen feet along the fence stating that the fence is electrified.

Barbed wire is permitted only in agricultural and industrial zoning districts employing agricultural or industrial uses.

A.

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 subparagraph B below. In no case shall the fence be placed closer than eleven feet to any street pavement.

B.

Within public right-of-way: Except for those installed by the city, no fence may be placed within a public right-of-way unless a street use permit is obtained, and the fence is set back at least fifteen feet from the edge of the street pavement if no curb exists.

C.

Fences must not obscure the sight distance necessary to allow vehicles to be seen at intersections and are prohibited:

1.

Closer than eleven feet from a functional street or alley intersection if said intersection is controlled by stop signs and both streets and/or alleys have speed limits of twenty-five miles per hour or less. The distance shall be measured along the property line.

2.

Closer than fifteen feet from an uncontrolled functional street or alley intersection, or at a distance established administratively by the city engineer from locations or intersections where the speed limit on one or both streets exceeds twenty-five miles per hour. The distance shall be measured along the property line.

3.

At locations which obscure sight distance from driveways according to the criteria set out in subparagraphs A and B above.

4.

In locations where fences are prohibited as a condition of permit or application approval.

Any variance from the above requirements shall be obtained in accordance with the provisions of Chapter 15.20 (Appeals, Variances and Interpretations).