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HomeMy WebLinkAbout6031 ORDINANCE NO.6 0 3 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 18.04.570, 18.45.040 AND 18.48.020 OF THE AUBURN CITY CODE, RELATING TO ALLOWABLE FENCE HEIGHTS WHEREAS, the current provisions of the Auburn City Code (ACC) allow taller fences within front and street side yard setbacks in the Lea Hill area that are allowed within other residential zones within the city; and WHEREAS, individual lot owners desire to have fences tall enough to provide privacy when their lots' rear yards abut streets; and WHEREAS, decorative fences (such as wrought-iron) taller than 42 inches in height should be allowed within front yards as attractive' additions to neighborhoods; and WHEREAS, it is desirable to have uniform fence regulations throughout the City of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 18.04.570 of the Auburn City Code be and the same hereby is amended to read as follows: 18.04.570 Lot lines. "Lot lines" means the lines bounding the lot. A. Front lot line: 1. For an interior lot, the front lot line shall be that lot line which abuts the street right-of-way. Ordinance No. 6031 May 22, 2006 Page 1 of 6 2. For a corner lot, the front lot line shall be that lot line which abuts a street right-of-way and bests conforms to the pattern of existing site development and/or the pattern of adjacent development, as determined by the Director. that Jot-mline(s)-which-abuts-a-€lesignatBd-afterial. If neithef--0F-b0th-~slaFem.a.-desig.nated arterial, the builder/owner sh311 at tho time of applying for a permit havo the option of selecting which lot line shall be the front lot line, the other line lot abuttingthe-interseGtifl€t-stfeet-sRalJ-beoo-me-a-street-side.yaFEL- 3. For a through lot, the front lot line shall be that lot line which abuts a non-arterial street or from which primary access is provided. both lot liftBS-Wh.i.Gh abut 3 street right of way shall be considered the front lot line, Section 2. Amendment to City Code. That section 18.45.040 of the Auburn City Code be and the same hereby is amended to read as follows: 18.45.040 Development standards - Lots previously approved. A. For any residential lot that had received final plat approval, final short plat approval, preliminary plat approval or that King County had received and determined the application complete for a preliminary plat or short plat, prior to the effective date of annexation, the development standards in the following table shall apply. The property owner/applicant shall be responsible to provide to the city evidence of these previous approvals. B. Any further subdivision of any lot and its subsequent use must conform to the permitted uses and standards referenced in ACC 18.45.020 and 18.45.030, with the exception of farm animals, then ACC 18.45.070 shall apply. Setbacks* Building Lot Lot Heiqht Zoning Lot areal Lot Lot Coverage Side District Area Unit Width Depth (%) Front Rear Side Street Main Acc. LHRS 8,000 N/A 35 0 35 20 5 5 10 35 35 LHR1 2,500 N/A 30 0 35 10 5 5 10 35 16 LHR2 2,500 6,000 30 0 35 10 5 5 10 35 16 LHR3 2,500 3,600 30 0 40 10 5 5 10 35 35 LHR4 2,500 2,400 30 0 55 10 5 5 10 35 35 * Garages and other similar structures with a vehicular access require a 20-foot setba ck fro many street -o-F-eRGes-up-to-si)(-feet-in-fleight--may-be-GGflstruBted-in any setbaG~ (Ord. 5342 9 2, 2000.) Section 3. Amendment to City Code. That section 18.48.020 of the Auburn City Code be and the same hereby is amended to read as follows: Ordinance No. 6031 May 22, 2006 Page 2 of 6 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 allowed. The height of themm~fence shall be determined from the existing, established grade on the property. The heiQht of any retaininq wall or rockery constructed after initial lot creation shall apply to the fence heiqht limitation, except where such wall is constructed as part of a public street or other improvement project; provided that a minimum 42 inch high fence shall be allowed in all instances. 1. The following regulations shall apply in the RR, R-S, LHRS, R-1, LHR1, R-2, LHR2, R-3, LHR3, R-4, LHR4, R-MHP, LHRMHP, RO, RO-H, I, LHI, CN, C-1, LHC1, aAd-.l.C-2 and C-3districts: 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: 42 inches; provided that fences constructed with....materials having--ne---gr-eater-tAan-2.Q-o/o--0-pasity--of chain-link, wrought iron or similar materials that provide visibility may be 72 inches in heiQht; Side yard: 72 inches; provided, hovvever, that an\, pgrtion of a fence lying between..the-.frent-lot-Ifne-an~Hel-J.fAe-extendfng-ffBffi-that,p0fnt..of-a-build-ing nearest the--froAt-l3fGp.eRy-l.klO, sh311 not exceed a he~t-ef-42.--inGhes;. Rear yard: 72 inches; Street side yard: 42-72 inches. b.;-mm_.-.--FenGes-shall-oomply-wUMhe-fegulationsmBf.-subsection-(A)(1)(a}-of this.sectieA,..except-withiA-ffiS.jdeffiial-subdivisionsmm.with--lets...-thatmhave--tWOmstreet freRtages. 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 C3ses-a fenGethat-~s.talleF-thaA--42-fnches-and-up-tO-Sfx-feet-Righ--ffiay.theHmeneF0ach-into the.yaromsetbaek-abuttiAg tho 3rteriaJ-stfeet-sooje.ct--te-the--feIlGwingc....jf--sHGh--a fence is proposed it must be for all or 3 majority of the 3rterial street frontage the subject lots abut. Individual fences, t311er than 12 inches, on independent lots "'A:ill not.bemperrnitted-in-the-re<:tuired-setoo6k-area-:-A-fiYe--foot-width.ef-landscaping;. including-.deeid-1JGUs-troes ptafrted at an avefage--spaciAg-ef---2.5--tG--30--feet,.-is fBtluired between the fence 3nd the abutting arterial. 1\ homeowners' associ3tion, or similar organization, is required and shall perpetually maintain the fence and the.-landscapiA!}.-mThe--deyelopm--andleF--I1emeewne'F-&-Bssoeiatien-shaH-previde evid.ence--of-such--.perpetual-maintenance-. The planniAg-directer--shaH-appreY.e-of the fence material, 13ndscaping and evidence of the homeowners' associ3tioA m3intenance and the timing of the installation of fence and 13ndscaping. 2. Fences and walls built within the building area of a lot may be as high as the maximum building height allowed within the applicable zone district. BuildinQ permits for fences exceedinq 6 feet in heiqht are required. B. Special Height Restrictions. Ordinance No. 6031 May 22, 2006 Page 3 of 6 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 ililJeet and (ten) 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 extending 20 feet along the right-of-way lines of a street and alley or edge of a private driveway-et:--two ~nterseeHng-street-s, measured from the point of intersection-of--the-right--ef-way Jines, 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 ef...way-Hne.-measured-ffoffi-the-pffiRt-eHntBrseBtion--ef-the--8Hey-rJght..-of.-way-line andam-Hne-..l5-feet--a~eng-the-aIley--right-of.-way-lffi&-ffleasufed-fr'()A1-the-point.mof intersection of tho street ond alley right of way lines and the line connecting the unconnected ends of the 1'."/0 lines. b. Fences located at the corner of intersectin~ streets shall comply with the sight distance requirements of the City of Auburn Desiqn Standards. 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; Ordinance No. 6031 May 22,2006 Page 4 of 6 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. F. Other than in the P1, G3, M1 or M2 zones, no fence may include the use of barbed wire or razor wire; provided that pasture areas a minimum of one acre in area may be fenced with barbed wire in any zone. Barbed wire Gf-f8-Z-0f wire may be attached to the top of and in addition to the height of a 72 inch fence, provided it does not extend more than one additional foot in height. G. Any fence located within a front yard that features a 10ckinQ Qate or similar security device shall provide emerqency access in a manner acceptable to the fire marshal. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: JUN 5 JUN 5 JUN 5 Z.ODb 2006 20~ Ordinance No. 6031 May 22, 2006 Page 5 of 6 ATTEST: ^~[~- Danielle E. Daskam, City Clerk Ordinance No. 6031 May 22, 2006 Page 6 of 6