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Home My WebLink About5398 ORDINANCE NO. 5 3 9 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE SECTION 18.48.020 ENTITLED "FENCES" CONTAINED IN CHAPTER 18.48 ENTITLED "SUPPLEMENTAL DEVELOPMENT STANDARDS" WHICH AMENDMENT WILL ALLOW UNDER CERTAIN CONDITIONS, FENCES UP TO SIX FEET HIGH ON DUAL FRONTAGE LOTS IN RESIDENTIAL SUBDIVISIONS WHEREAS, the City desires to update Auburn City Code Section 18.48.020 entitled "Fences" contained in Chapter 18.48 entitled "Supplemental Development Standards"; and WHEREAS, under such circumstances a fence up to six feet high will be allowed if certain conditions as set forth in this amendment are met. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PURPOSE: The purpose of this ordinance is to amend Auburn City Code Section 18.48.020 entitled "Fences" contained in Chapter 18.48 entitled "Supplemental Development Standards", as set forth in Exhibit "A" attached hereto and incorporated herein by this reference for the purpose of allowing fences under certain conditions up to six feet high on dual front lots. Section 2. ADOPTION. The Auburn City Council does hereby approve the amendments to Auburn City Code Section 18.48.020 entitled "Fences", contained in Chapter 18.48 entitled "Supplemental Development Standards" as provided in the attached Exhibit "A" which is by this reference incorporated herein as if fully set forth. Ordinance No. 5398 05/25/00 Page 1 Section 3. CONSTITUTIONALITY OR INVALIDITY: If any section, subsection, clause, phrase, or sentence, of this Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this ordinance, as it is being hereby expressly declared that this ordinance and each section, subsection, clause, phrase, or sentence, hereof would have been prepared, proposed, adopted, and approved and ratified. irrespective of the fact that any one or more section, subsection, clause, phrase, or sentence, be declared invalid or unconstitutional. Section 4. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. INTRODUCED: ,June 5, 2000 PASSED: a'une 5, 2000 APPROVED: ,.Tune 5, 2000 CHARLES A. BOOTH MAYOR Ordinance No. 5398 05/25/00 Page 2 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: Ordinance No. 5398 05/25/00 Page 3 18.48.020 Fences. A. Height Regulations.' The minimum or maximum height requirements as stipulated throughout this chapter shall be considered to be met if the height of the fence is within six percent of the height required. The height of the fence shall be determined from the existing, established grade on the property. 1. The following regulations shall apply in the R-S, R-l, R-2, R-3, R-4, R-MHP, RO, RO-H, I, CN, C-1, and C-2 districts: a. Fences may be constructed to a height not to exceed the following in each Of the required setback areas, as regulated per each zone, or as modified by ACC 18.48.020(B): Front yard: 42 inches; Side yard: 72 inches; Rear yard: 72 inches; Street side yard: 42 inches. b. Fences shall comply with the regulations of section 18.48.020(A)(1)(a) except within residential subdivisions with lots that have two street frontages. One of the street frontages must be an existing or planned arterial street and the lots do not have vehicle access to said arterial. In such cases a fence that is taller than 42 inches and up to six- feet (6') high may then encroach into the vard setback abutting the arterial street subject to the following: 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 42 inches, on independent lots will not be permitted in the required setback area. A five-foot width of landscaping, including deciduous trees planted at. an average spacing of 25 to 30 feet, is required between the fence and the abutting arterial. A homeowner's association, or similar organization, is required and shall pemetuallv maintain the fence and the landscaping. The developer and/or homeowner's association shall provide evidence of such perpetual maintenance. The Planning Director shall approve of the fence material, landscaping and evidence of the homeowner's association maintenance and the timing of the installation of fence and landscaping. 2. The following regulations shall apply in the R-R, C-3, M-l, M-2, BP, LF, and P-1 districts: a. Fences may be constructed to a height not to exceed the following in each of the required setback areas, as regulated per each zone; or as modified by subsection B of this section: Front yard: 72 inches; Side yard: 72 inches; ~Ordinance 5398 Exhibit "A" Page 1 Rear yard: 72 inches; Side street yard: 72 inches. B. Special Height Restrictions. 1. There shall not be anything constructed or reconstructed, and no obstruction permitted to grow, other than a post, column or tree not exceeding one foot square or one foot in diameter, between a height three feet and 10 feet above the established grade within the triangular areas described below, without the express approval of the city engineer: a. The triangular area formed by a line 20 feet along the right-of-way lines of two intersecting streets, measured from the point of intersection of the right-of-way lines, and the line connecting the two ends of the two 20-foot lines; b. The triangular area formed by a line 15 feet along the street right-of-way line measured from the point of intersection of the alley right-of-way line and a line '15 feet along the alley right-of-way line measured from the point of intersection of the street and alley right-of- way lines and the line connecting the unconnected ends of the two lines. 2. In general, no fence, hedge, structure or other obstruction shall act as a sight hazard to traffic, and the city engineer may order the removal of such hazard whether or not such object otherwise complies with the provisions of this title. C. Screened Fence Defined. 1. A screened fence shall consist, at a minimum, of a chain link fence interwoven with slats placed in every row or available space in the fence; 2. A 100 percent sight obscuring fence shall be constructed of solid wood, metal, concrete or other appropriate material which totally conceals the subject use from adjoining uses. D. Fences and Associated Landscaping. 1. When landscaping is required along the property line, the fence shall be set back a minimum of five feet if the fence abuts a street right-of-way, so as to not obscure such landscaping; 2. At other property lines the landscaping shall be located to serve the greatest public benefit. E. Obstructions, Generally Prohibited. 1. In no case shall any fence and/or hedge be constructed or grown, within a distance of three feet, around any fire hydrant; as well as no fence or hedge shall deter or hinder the fire department from gaining access to any fire department connection, fire protection control valve, fire hydrant, or fire department appliance or device; 2. In no case shall any fence and/or hedge obstruct the visibility of any fire hydrant from a distance of 150 feet, in any direction, of vehicular approach to the hydrant; 3. In no case shall any fence and/or hedge be constructed or grown in a manner which interferes with access to storm or sanitary sewer manholes and other appurtenances which require access for maintenance purposes. Ordinance 5398 Exb~ hit "A" Page 2