^ Double-fencing is where both neighbors have built a fence away from their respective property lines resulting in two parallel fences with a small gap between them. Permits requesting fencing positioned such that double fencing may result in the future will be referred to a monthly meeting where both owners will be given the opportunity to discuss the application and understand the board’s position.

Corner Lots:

1. The Association prefers that fences between properties be placed on the property line with agreement from the adjacent owner which should be obtained prior to, and submitted with, the permit application. Consideration ought to be given to facing a finished side of the fence to the adjacent or neighboring property, ensuring that the adjacent property will not end up with a fence view that is unacceptable in that it is inferior in finish or look to the side facing the other property. The maximum height for fences is six (6) feet.
2. Fences may be placed wholly on the property to be fenced, but the Association will not permit double-fencing^ between properties and so may not approve a permit without the adjacent owner’s agreement.
3. Corner lot properties with a “street facing side yard” (hereafter “side-yard”) and/or a “street facing rear yard” (hereafter “rear-yard”) may be looked at differently as they have two (in some instances three) yards facing a street. Fences on these side-yards and rear-yards must be placed such that they keep the view of the street (the side –yard/rear-yard on which the property is situated) reasonably clear allowing good lines of sight along the street and not obstructing views of the front of any property adjacent to the yard on which they are placed.
4. Fences placed on side-yards of corner lot properties may extend from the rear property line forward to five (5) feet shy of the front of the house/garage on the side on which the fence is located. Typically they will not be allowed to be placed within fifteen (15) feet of the property line.
5. Fences placed on rear-yards of corner lot properties are a special case with very few corner lot properties having a street facing rear yard. Therefore, these properties will be looked at on a case by case basis. The main stipulation is that any fence placed on a rear-yard must maintain Traffic sight lines per Washington County Community Development Code.
6. As there are large variations in the positioning and layout of properties on corner lots, each corner lot permit application may be treated separately or in isolation, with the stipulation that permits for a fence layout and position granted for one corner lot property may not be granted for another corner lot with different characteristics.
7. Factors that will be taken into account on any corner lot fence permit application for a side-yard and/or rear-yard are:

a.        Location of the house and/or garage on the property

b.       Location of the house and/or garage on the adjacent property

c.        Lot shape and angle of the street corner **

d.       The topography (grade) of the land

e.        The nature of development(s) along the street on which the side-yard/rear-yard is located

f.        Volume of traffic on the side-yard/rear-yard street

g.       Traffic sight-lines (see Washington County Community Development Code – CDC at: http://www.co.washington.or.us/LUT/Divisions/LongRangePlanning/Publications/cdc-community-development-code.cfm Article IV Development Standards section 418-3) Also see appendix FIGURE 1.

8. All side-yard and/or rear-yard on corner lot properties fences will have a finished         side facing the street.

Gates:

1. Width is typically limited to four (4) feet. If a larger opening is required, this may be granted depending on where the gate is positioned and the accompanying reason(s) (e.g. steep grade or large bushes where the gate is required) as to why the larger opening is required. Any gate request over four (4) feet must be accompanied with a detailed drawing showing the design and construction (e.g. hinges, structure the hinges will attach to, the type of reinforcing used to ensure no sag of the gates, or supply manufactures detailed drawing/information) that will be implemented for the gate. A preferred alternative is a removable section of fence; this can be added if it does not look any different to the rest of the fixed fence thus giving an occasional wider access through the fence.
2. Sagging gates are unacceptable therefore the design and retaining structure must be adequate to fully support the gate. Wide gates may incorporate a wheel as part of the design, provided the wheel is located on the inside of the gate.
3. Decorative features are allowed over the top of gates and must be shown in any application.
4. Gate positions and dimensions must be shown on the full site drawing.

Fences on Retaining Walls (Combination Fences)

1. This section, Fences on Retaining Walls (Combination Fences), is to set guidelines for members who wish to install a retaining wall to accommodate or modify large grade changes in portions of their property while also installing a fence on top of or within three (3) feet of this retaining wall. However Combination Fences will only be considered by the board if there are no other options available to the homeowner such as a standard fence or retaining wall in isolation from each other.
2. The Association wishes to ensure the placement of Combination Fences (defined as a fence on top of or within three (3) feet of a retaining wall) meets the current Washington County Community Development Code; http://www.co.washington.or.us/LUT/Divisions/CurrentPlanning/Code/community-development-code.cfm section 419-4 (downloadable PDF document) excluding the height limits, as the Association limits supersede the County requirements.
3. The Washington County Community Development Code section 419-4 is specifically intended for new properties, and the Association is using this code as a basis for the Associations Combination Fences policy.
4. The Association also wishes to ensure the proposed construction will not impose any restrictions or have any adverse effects on adjacent properties (the home owner should work closely with the board of directors at the planning stage of the design to ensure this) and meets the guidelines defined in the Conditions, Covenants and Restrictions (Article III (g) (2)) which states that yards shall be attractively landscaped and maintained in a neat and orderly manner. The homeowner should also work closely with affected adjacent property owners to establish any access requirements during the construction period.

1.      Approval:

a.       Combination Fences require a written approval and permit from the Association.

b.      The addition of Combination Fences on a property will take into consideration the privacy of adjoining properties. For example: will the change in grade, retaining wall or fence give rise to “looking into or over” the adjoining properties’ windows or yard beyond any existing overlook.

c.       Addition of Combination Fences on a property will take into consideration the effect on the adjoining properties of the retaining wall and fence from the perspective of the adjoining properties. The appearance must not be “overwhelming”, overshadow or negatively change the appearance of the adjoining properties.

d.      The grade change will not be such that it will require a Combination Fence height that would contravene the requirements in Policy section 2.a. terracing of the grade should be considered if this could occur. Full justification as to the reasons for the grade change must be submitted with the permit application.

e.       An Association building permit must be completed detailing a site plan, elevations (showing any effect of the proposed grade change on adjoining properties), dimensions, and materials.

f.        Sufficient attention must be given and documented to the natural water flows around the property, both above and below ground, such that the proposed retaining wall part of the Combination Fence will not have an effect on any adjoining properties. This will include redirection of water into and the drainage of water out of these properties. Full details will be required showing what remedial action is to be taken by the homeowner to mitigate these water flow changes.

2.  Combination Fence Restrictions:

a.       The total height for any Combination Fence will be no more than ten (10) feet measured from the bottom of the retaining wall below grade to the top of the fence. This height however must take into account the requirements of the Approval section 1.c. above. No portion of the fence shall be more than six (6) feet higher than the top of the retaining wall. No portion of the  of the retaining wall shall be more than four (4) feet in height measured from the bottom of the retaining wall below grade. The top of the wall and top of the fence shall be level with no slope.

b.      There exists an Association easement of five (5) feet along side and rear property lines. Structures approved by the Association and placed in the easement are subject to removal at any time at the Association’s discretion.

3. Permitted locations:

1. Along the back property line.
2. For non-corner lots, along the side property line up to the front corner of the house.
3. For corner lots, from the back corner of the house in a straight line to the rear property line.
4. Exceptions to the above with reasons may be considered by the board.

4. Appearance:

a.       Combination Fences must be constructed and finished in a professional manner.

b.      The fence and retaining wall and the materials from which they are made must be harmonious and compatible with the surrounding area and properties.

Fence Positioning Drawings and Fence Picture Examples:

These examples depict corner properties but the principles remain the same for all properties. These are only a few examples. They are not intended to cover all scenarios and possibilities.

(Drawings are not to scale)

Glossary of Terms:

Credits:    ***All terms from “Real Estate Dictionary seventh edition”. # Taken in part from the online dictionary Wikipedia

Setback – ***Part of a zoning ordinance. Regulates the distance from the plot line to the point where improvements may be constructed.

 An area designated through some document attached to the property either by the county or another entity such as the Homes Association. This is an area where the structures are "Setback” from the property line.

#It is the required distance that a building must be located away from the streets, easements, and other structures (a river or other stream, a shore or flood plain, or any other place which is deemed to need protection) which a building or other structure is set back.

Easement – ***A right created by grant, reservation, agreement, prescription, or necessary implication, which one has in the land of another. It is either for the benefit of land (appurtenant), such as right to cross A to get to B, or “in gross”, such as a public utility easement.

#An easement is the right to use another person's land for a stated purpose. It can involve a general or specific portion of the property. It is a non-possessory interest in another's land that entitles the holder only to the right to use such land in the specified manner

The Association holds a 5 foot easement in from the sides and back of your property.  This was originally done for the placement and maintenance of utilities.  Items placed in these Easements are subject to removal subject to good reason and written notice.

Right-of-Way – ***A strip of land which is used as a roadbed, either for a street or railway. The land is set aside as an easement of in fee, either by agreement or condemnation.  May also be used to describe the right itself to pass over the land of another.

#A right-of-way is a type of easement that gives someone the right to travel across property owned by another person.

Street – ***A general term which includes any urban road, usually paved.

#The right of way owned by the county for them to conduct traffic through. It is a paved public thoroughfare in a built environment and is a public parcel of land adjoining buildings in an urban context, on which people may freely assemble, interact, and move about.

It is even possible to have a county right of way that has nothing in it! And it is still a Right of way on a Plat map somewhere.

Fence checklist:

Information required for permit (This is not a comprehensive list and is supplied as an example of what is required; read the full policy):

• Understand your property setbacks
• Understand this policy
• Will the fence extend in front of the house outline on the property?
• Type of materials to be used
• Color or finish of materials
• Who can see the fence and if it can be seen from the street is the “finished” side facing the street?
• Supply a site plan showing dimensions of the property boundaries, the (house) structure position relative to the boundaries and existing and/or proposed fence position relative to the property boundaries and house position
• Manufacturer’s pictures of the product or good drawings of the design
• Full justification for any requirements that are not explicitly covered in this policy
• If a corner property check the County sight line requirements

 Items to consider when designing:

• Talk to all of your neighbors about your plans.
• The effect of the build on your neighbors and the street.
• Trees and tree roots in the vicinity of the build (will they cause issues in the future?)
• Where are your property lines (owner’s responsibility to find)
• The positioning of your house on the property; is it a corner property, situated to the rear of the property, at a strange angle on the property. How will this affect the permit and your build requirements?
• Talk to the board; keep the office informed of any changes.
• Will the design keep the general area “open” with a neat and attractive feel?
  

Appendix:

Traffic Sight-lines (diagram from Washington county CDC document).

 FIGURE 1