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HomeMy WebLinkAbout06-05-2006 ITEM VIII-A-2A TYOF p9VkN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6031 amending various sections of Date: May 22, 2006 Auburn City Code Title 18 (Zoning Code) regarding allowable heights for fences. Department: Planning, Building Attachments: Ordinance No. 6031 Budget Impact: NA and Community Administrative Recommendation: City Council introduce and adopt Ordinance No. 6031. Background Summary: Currently, the Zoning Code has a special allowance for lots that were in existence in Lea Hill prior to that area annexing into the city limits, whereby a 6 ft. tall fence is allowed along all property lines. For lots platted after annexation, the fence height standards are the same as those applicable in the rest of the City: no greater than 42 inches in height within a front yard or a side street side yard for corner lots. In the Lea Hill area, this results in some homeowners being able to have 6 ft. high fences where their lots abut a busy arterial such as SE 320th St., while others are not afforded the same opportunity. Some homeowners in the latter category have erroneously erected 6 ft. high fences, probably believing they could do the same as many of the neighbors. Last fall, staff discussed a variety of options with the Planning and Community Development Committee, which directed that any code changes should be applicable city—wide, not just confined to Lea Hill. There also was agreement that 6 ft. high fences should be allowed when any rear or side street lot line abuts an arterial street. Finally, there also was support to allow decorative fences greater than 42 inches in height within front yards (i.e., wrought -iron fences). The attached proposed code revisions were drafted to achieve those ends. On May 2, 2006, the Planning Commission conducted a public hearing on the issue and subsequently voted to recommend approval as drafted. L0605-3 03.4.2.1.2 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ® Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ® Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ® Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until _/_/ Tabled Until _/_/ Councilmember: Norman Staff: Krauss Meeting Date: June 5, 2006 Item Number: AUBURN * MORE THAN YOU IMAGINED 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 adiacent development as determined by the Director that tot i.n,e(s3 whim -abuts -a -designated- arterial. tf-ne+t#e er-bath--is/are_.a-desi9 nated rm i+,1, t have -t -e ne let abu-ttiR-g t4he4nte ecenae a-6t-reet-side-yard. 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 ..bGth let lines whiGhabut a street right of way shall be r.E)Rsidered the ftent lot l4m—,, 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. Zoning District Lot Area Lot area/ Unit Lot Width Lot Depth Lot Coverage N Front Setbacks' Rear Side Side Street Building Height Main Acc. LHRS 8,000 N/A 35 0 35 20 5 5 10 35 35 L 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 1 0 1 40 10 5 5 1 10 1 3LJ 35 LHR4 2,500 2,400 30 0 55 10 5 5 1 10 1 35 1 35 * Garages and other similar structures with a vehicular access require a 20 -foot setback from any street-. Fense�^N to cir fee i height may b _ e--cQnetr-acted-ire any (Ord. 5342 § 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 tho-a fence is within six percent of the height fegt*--e4 allowed. The height of the -.a fence shall be determined from the existing, established grade on the property. The height of any retaining wall or rockery constructed after initial lot creation shall apply to the fence height 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, and -SC -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---n-o--greater— h ° of chain-link, wrought iron or similar materials that provide visibility may be 72 inches in height', Side yard: 72 inches; betwcen..the--frent-iot4ing i id-a-pafa4el4ine-ex-tendin-94 om-t4at-point-of-a-building nearest-the-fren- nohes_. Rear yard: 72 inches; Street side yard: 42-72 inches. b..,_____--Fence-�s�la-sompty-witt3-tfae-f-e��-latiof�s-o�subsectir�n--�A){-1-}�a-} of this section ,_-except-wi#-hip-resider}tiai--subdivi-sion-s--w+th-bots-t-hat--have-t-varo-street frentages. One ef the Street fFGRtageS must be aR existing oF planned aFteFial St 3let and the lots do not have vehicle access to said arAeFial. In 6UGh Gases a fence that-is-tatter-than-42-inches-and--up4o-s+x-deet-high-may-then--encroach--into the -yard-.-setbaGk--abut- Rg the -artefiai-stFee eGt4o-4he4011owing—.- f-su.rh-a fe-nGe is proposed it must be for all er a majerity of the arterial StFeet fFoRtage the subject lots abut. individual fGnGeS, talleF than 42 ;RGhes, eR independent 10tS Will not--be..-per-mined-in-the--re,qui%d-setbaGk aFea. ,ve--foot-width-,ef-Iandsc,aping; including-decidurou-s-# -acing-of-25-to 34 fleet,—is , nd t -he -iandscapiRg— The—A­ -IopeF and/oF hon4eowners'-association-shaat-.provide evidence-of-ea! mainteRaRGe. The plan n g -&ester- # 4-approve-af 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 Building permits for fences exceeding 6 feet in height are required B. Special Height Restrictions. Ordinance No. 6031 May 22, 2006 Page 3 of 6 I . 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 Meet 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 -of ---two intersecting -sus, measured from the point of intersection-o#-the---r4g44t--cif-way , 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 GtFe8t Fight of-way--line-meas�+r�� fa ro„^ "e p©++� e€-+ is sect+ora a€ -t e altey-right-a€-way-line a.nd..__a.- tin -e_45- feet al g -the. alleyFight-ef-way--I+ae-fneasared--#---ori-the-point--of iRterseGtion of the street and alley Fight ef way lines and the line GonneGting 4he r . b. Fences located at the corner of intersecting streets shall comply with the sight distance requirements of the City of Auburn Design 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, 037 M1 or M2 zones no fence may include the use of barbed wire provided that pasture areas a minimum of one acre in area may be fenced with barbed wire in any zone. Barbed wire Gr-4azof 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 locking pate or similar security device shall provide emergency 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: Ordinance No. 6031 May 22, 2006 Page 5 of 6 CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk i' City ..- Publication: Ordinance No. 6031 May 22, 2006 Page 6 of 6