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HomeMy WebLinkAbout6884 ORDINANCE NO. 6884 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO THE REGULATION OF FENCES AND RETAINING WALLS, AND AMENDING SECTIONS 18.04.370, 18.04.372, 18.04.374, 18.31.020, AND CREATING SECTIONS 18.04.371, 18.04.373, 18.04.376, 18.31.025 OF THE AUBURN CITY CODE WHEREAS, the current Auburn code regulating fences within the city is ACC 18.31.020; and WHEREAS, the fence standards contained in ACC 18.31.020 have not been revised for several years so it was appropriate to review these provisions for possible revision; and WHEREAS, the proposed code changes included in this ordinance clarify the fence standards, respond to issues raised upon implementation of the standards, and harmonize the standards with other code text; and WHEREAS,no specific retaining wall standards currently exist in the Zoning Code but the city has identified a need to adopt ones to regulate the construction, design and placement of retaining walls; and WHEREAS, the International Building Code (the IBC) and the International Residential Code (IRC) contain requirements related to the construction, design, placement and permitting of retaining walls; and WHEREAS, for the purposes of consistency and clarity, the retaining wall standards contained in this ordinance are consistent with the IBC and IRC requirements; and WHEREAS, pursuant to RCW 36.70A the proposed code language contained herein was transmitted to the Washington State Department of Commerce,which performed a 60-day agency Ordinance No.6884 September 1,2022 Page 1 Rev.2020 review. The state agency comment period expired on August 12,2022 and the City did not receive any agency comments; and WHEREAS, the proposed code language was reviewed according to the process established by the Washington State Environmental Policy Act (SEPA), a Determination of Non- Significance (DNS) was issued on July 5, 2022, and the City observed a fourteen-day public comment period; and WHEREAS, the Planning Commission reviewed the proposed code language and considered the effect of the changes on public and private property owners at its June 7, 2022 meeting, held a public meeting on July 19, 2022, and afterwards adopted a recommendation of approval to the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Sections 18.04.370, 18.04.371, 18.04.372, 18.04.373, 18.04.374, 18.04.376, 18.31.020, and 18.31.025 of the Auburn City Code are amended to read as shown in Exhibit 1. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. 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 of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinance No.6884 September 1,2022 Page 2 Rev.2020 Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. SEP 19 2022 INTRODUCED: PASSED: S E? 19 2022! APPROVED: Srp 19 2022 ANC CKUS, MAYOR ATTEST: APPROVED AS TO FORM: \IQat0.- UMW- Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney Published: U e c eY 1.12- 2022 ' 'e Sea- e 1\W\I. Ordinance No.6884 September 1,2022 Page 3 Rev.2020 EXHIBIT 1 ORD. NO. 6884 Fence and Retaining Wall Text Amendment Page 1 of 11 Chapter 18.04 DEFINITIONS 18.04.370 Fence. "Fence" means a masonry wall or a barrier generally composed of posts connected by boards, rails, panels, or wire for the purpose of enclosing space,functional areas, or separating parcels of land.The term "fence"does not include retaining walls or rockeries when a separate structure.The term also does not include hedges,trees, or other natural growth. (Ord. 6245§3, 2009; Ord.4229§2, 1987.) 18.04.371 Fence, opacity. Fence opacity is the degree to which light or views are blocked. Opacity measured perpendicular to the fence for each fence section between supports. Fence and Retaining Wall Text Amendment Page 2 of 11 Figure 18.04.371 Fence Opacity, Opacity (tie degreeto Which light or views er blocked),is:measured perp r dicul r lo:the fence for each fence seetich between supper-is. --- Fence section F. . I: . :1 ..: , . — Support - Li- ' L- - '__E *-. -‘ - ' - ' More than 50%:opque • .-. `epi M+ F aj _. • ww .y . F* InE h. rn ::R `ire 0% opaque t4 41:A i Less than 60%opaque 18.04.372 Fence, screened. "Screened fence"means a fence that is between 70 to 100 percent opaque, and provides providing a high degree of visual buffering between two areas that meets the requirements of Chapters ACC. .A screened fence may consist of wood,vinyl, or metal.A chain link fence interwoven with slats in every row or available space is considered a screened fence. (Ord. ' 6245§3,2009.) Fence and Retaining Wall Text Amendment Page 3 of 11 18.04.373 Fence, visibility. A fence that is 50% or less opaque is generally considered to provide visibility. 18.04.374 Fence, 100 percent sight-obscuring. "One hundred percent sight-obscuring fence" means a fence that is 100% opaque, completely obstructs view between two areas armor completely obstructs view between two adjoining uses_, and meets the requirements of Chapters A sight-obscuring fence shall be constructed of solid wood, metal, cola-Greteconcrete, or other appropriate material which totally conceals the subject use from adjoining uses. (Ord.6215 5 3,2009.) 18.04.376 Retaining Wall. "Retaining Wall"means a structure designed and constructed to hold soil, earth, or like material in place, or to resist lateral pressure of materials to create or maintain a change in ground elevation. Such walls can be of various types including gravity, cantilevered, anchored, or piling walls and can be comprised of various materials including concrete, stone, or masonry units. The term retaining wall does not include fences. Chapter 18.31 SUPPLEMENTAL DEVELOPMENT STANDARDS 18.31.020 Fences. A. Purpose.The fencing requirements in this section are intended to advance public safety, maintain and protect property values,to enhance the city's appearance, and to visually unify the city and its neighborhoods.This section contains general standards applicable to all fences (regardless of zoning district), and specific standards for fences within the residential, commercial, and institutional use zoning districts. Fence and Retaining Wall Text Amendment Page 4 of 11 BA. Fence 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 to the highest point of the fence. 1. Notwithstanding any other provisions regarding fence height,the height of any portion of a fence may not reduce the sight distances established by the Engineering Design Standards for vehicular and non-motorized transportation facilities. 2. Fences and walls built interior of the required setback areas ••• - --• - •• - - - .e_ m. be . hi! a - m. imu .in: h-i•h . ow-. wi hin h- ... ica. - zone 3. Building permits are required for fences exceeding 84 inches in height. 4.The addition of lattice,trellis, and other similar features of a fence shall count towards the overall height and opaqueness of a fence. 5. If a fence sits upon or is elevated by a retaining wall,the height of the fence is measured from the base of the retaining wall. Building permits may be required for fences erected on retaining walls. C.1 Fence Height Regulations by Zoning District. The following regulations shall apply in the R-1, R-5, R-7, R-10, R-16, R-20, R-MHC, RO, RO-H, I, C-N, C-1, C-2, C-4, and DUC zones: as Fence heights shall 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 of this section: i. Front setback':42 inches; provided,that fences constructed of chain link, wrought iron or similar materials that provides visibility, as defined herein, may be 72 inches in height; ii. Side setback: 72 inches; iii. Rear setback: 72 inches; iv. Street side setback: 72 inches. Fence and Retaining Wall Text Amendment Page 5 of 11 B. Special Height Restrictions. 1. There shall not be anything constructed or reconstructed, and no obstruction permitted, 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 99 " - • •... - - - - .•. • •- - . . .• - • . 1 The front setback for residential zones pertains to the front setback for a single family residence per 18.07.030(E)(1). DC. Screened Fences and Sight-Obscuring Fences. 1. Fence visibility is defined per ACC 18.04.373. In certain circumstances,the City Engineer may determine that a fence that is 50% or less,opaque does not provide visibility if the angle through which the fence is being viewed for sight distance analysis increases the perceived opacity of the fence to 50% or higher. 2. Screened fences are defined per ACC 18.04.372.A screened fence shall consist,at a in the fence 3.2.-Sight-obscuring fences are defined per ACC 18.04.374.A 100 percent sight obscuring ED. Fences and Associated Landscaping. 1. When landscaping is required along the property line and the property line abuts the right-of-way, the fence shall be placed interior to the required landscaping.The fence may not shall be set back a minimum of five feet if the fence abuts a street right of way, so as to Fence and Retining Wall TexAmendment Page 6 of 11 not obscure such landscaping unless authorized through the land use or architectural and site design review process. 2. At other property lines, the landscaping shall be located to serve the greatest public benefit. 3. Fencing shall be placed such that it does not damage existing landscaping. FE. Access and Obstructions. Generally Prohibited. 1. If a fence includes a gate or similar feature to allow vehicle passage, the gate shall be placed within the interior of the lot a sufficient distance to provide a vehicle refuge area within the driveway exterior of the fence to avoid blocking the street. The vehicle refuge area shall have a length that is sufficient for a waiting vehicle and not block the street, sidewalk, or right-of-way, in accordance with the Engineering Design Standards. 2. Any fence located within a front yard setback that features a locking gate or similar security device, that cannot be opened from the exterior, shall provide emergency access in a manner acceptable to the fire marshal. .1--ln no case shall any fencer and/or hedge, or other obstruction be constructed-op grown, located, such that it deters or hinders the fire authority from gaining access to any fire authority connection, fire protection control valve, fire hydrant, or fire authority appliance or device. Minimum clearance requirements for fire hydrants shall be in accordance with the€1-ty--Engineering Design Standards. design and construction standards. 4. In no case shall any fencer and/or hedge, or other obstruction be constructed, grown, or located, such that it obstructs the visibility of any fire hydrant from a distance of 150 feet, in any direction, of vehicular approach to the hydrant. 5^ no case shall any fence,and/or hedge, or other obstruction be constructed,grown, or /ocated, be constructed or grown in a manner which interferes with access to vvater, storms or sanitary sewer manholes,and utility meters, and other City appurtenances which require access for maintenance purposes. 6. Unless explicitly permitted by easement language,fences are prohibited within City utility easements except as may be authorized by the City Engineer. Fence and Retaining Wall Text Amendment Page 7 of 11 Other than in the P-1, M-1,or M-2 zones, no fence may include the use of barbed wire. including concertina, razor, or similar wire; provided,that pasture areas a minimum of one acre in area may be fenced with barbed wire in any zone. Barbed wire may be attached to the top of, and in addition to„the height of a 8172 inch fence in the above zones, provided it does not extend more than 12 inches one additional foot in height. HG. Other than in the RC, R 1, C 3, M 1, M 2, BP, LF, or I zones, electrically charged fences are not permitted. Electrically charged fences shall only be allowed within the RC, R-1, C-3, M-1, M-2, BRLF, or I zoness and shall adhere to the following standards.These standards shall not apply to underground or invisible pet fences;invisible fences and wireless pet collar fences that are used to contain household petssmall domestic animals. 1. Within the RC and R-1 zones the electrical charge of an electric fence must be noncontinuous and the electric fence controller shall be approved by the Underwriter Laboratories (U:.-)or meet the testing standards of the Underwriter Laboratories. It is further provided that electric fences in the RC and R-1 zones that abut any public street or right-of-way shall include warning signs consistent with ACC 18.31.020(H)(2)(e).of not less - -- - - . - -- - - - ! -- - _ • - • fence is charged with electricity. 2. Within the C-3, M-1, M-2,B-ALF, or I zones,the construction and use of electric fences shall be allowed in the city only as provided in this section and subject to the following: a. Electrification. i. The energy source(energizer)for electric fences must be provided by a storage battery not to exceed 12 volts DC.The storage battery is charged primarily by a solar panel. However,the solar panel may be augmented by a trickle charger. ii. The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in the in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission (IEC)&standards 4°- 60335 2 76. b. Perimeter Non-Electric PermitFence or Wall. No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet.72 inches. Fence and Retaining Wall Text Amendment Page 8 of 11 c. Location. Electric fences shall only be permitted on around . . ~e~ - .e~~ *- outdoor storage areas. Electric fences and the perimeter fenceing 'outUonrstorageaFeas. Becthcfences8ndthepeh[neterfence/ng i&are allowed in the setback areas provided the applicable requirements of this section are met. d. Height. Electric fences shall not exceed 10 feet in height. e. Warning Signs. Electric fences shall be clearly identified with warning signs that read 'Warning-Electric Fence"at intervals of 50 feet or less than 60 feet.Signs shall also contain imagery or symbols of or similar to the International Organization for Standardization (ISO)warning symbol for electric hazard 40 alert individuals that that- ~ w ~w~ ~,: ' ~ e-~ ^:: •~w• w ' ^+~ .~w ~' thefence is electrically charged1(e.g.lightning bolts . f. The permi '~: e e - e - lectric fences shall be governed and regulated in accordance with the regulations for burglar alarm permits contained in Chapter 9.30 /\[ g. Electric fences and gates must also meet all applicable International Fire Code standards. 18~31~025 Retaining Walls A. Retaining Wall General Fence and Retaining Wall Text Amendment Page 9 of 11 Figure 18.21.025(A) Ground: Building Footing = Starch tii<t e: :I !kighi ty )f i g i;til .. a •. 3 Retained of Wall l 3uth 48" 36" Wail Footing 2. Notwithstanding any other provisions regarding retaining wall height, the height of any portion of a retaining wall may not reduce sight distance established by the Engineering Design Standards for vehicular and non-motorized facilities. 3. Any grading work shall be in compliance with Chapter 15.74 ACC. 4. All portions of retaining walls, including sub-surface elements such as footings, anchors, and cantilevers, shall not encroach or be located within the right-of-way or public utility easements unless explicitly permitted by the City Engineer and/or by the easement language. 5. The requirements of this chapter do not apply to retaining walls in rights-of-way. 6. Additional requirements apply to retaining walls that provide support to rights-of-way as specified in the Engineering Design Standards. 7. Retaining walls designed as part of an approved preliminary plat, and located prior to recordation of the final plat, are not subject to the setback area requirements contained in this section. Fence and Retaining Wall Text Amendment Page 10 of 11 B. Residential Lots. 1. Retaining walls are not permitted in the required setback areas, unless meeting one of the following criteria.The height of a wall shall be measured from the bottom of a footing to the top of the wall. a. Retaining walls that are under 48 inches and constructed in accordance with the IRC, whether supporting a surcharge or not,are allowed in all setback areas, as regulated per each zone. b. Retaining walls over 48 and under 84 inches and constructed in accordance with the IRC,whether supporting a surcharge or not, are allowed in all setback areas except the front and street-side setback, as regulated per each zone. c. Retaining walls over 84 inches, constructed in accordance with the IRC, whether supporting a surcharge or not, are not allowed in the setback areas, as regulated per each zone. 2. Retaining walls visible from the right-of-way or adjacent property must be composed of rock,textured or patterned concrete, masonry, composite, or other products that complements the existing residential or neighborhood character. Products such as "ecology blocks"or plain smooth concrete are not permitted. Materials other than those listed may be used with approval from the Planning Director or designee. C. Nonresidential Lots/Tracts. 1. Retaining walls visible from the right-of-way or adjacent property shall be composed of rock,textured, or patterned colored concrete, masonry, or composite. Products such as "ecology blocks"are not permitted. Materials other than those listed may be used with approval from the Planning Director or designee. 2. For retaining walls over 48 inches in height or supporting a surcharge, the area between the right-of-way and the retaining wall shall be landscaped and maintained per Chapter 18.50 ACC. 3. Terraces created between retaining walls shall be permanently landscaped and revegetated pursuant to a mitigation or landscape plan developed by a qualified professional. 4. Notwithstanding the requirements contained in this section, retaining walls may still require a building permit if trees or other landscape features will potentially impact(e.g., tree roots) or impose a surcharge on the wall. Fence and Retaining Wall Text Amendment Page 11 of 11 5. The width of the retaining wall or walls support shall not be included in any landscaping calculations or measurements.