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HomeMy WebLinkAbout4157 Ordinance i ORDINANCE NO. 41 s7 AN ORDINANCE of the City of Pasco, Washington, Amending Section 25.75.050 "Design Standards" to Provide for Uniform Fencing Standards in the I-182 Corridor WHEREAS, the City has pursuant to PMC 25.58.020 identified the I-182 Overlay District as significant to the well-being and image of the City requiring additional development regulations to create an aesthetically attractive area within the City, including its visual appearance from the I-182 freeway; and WHEREAS, the visual attractiveness of this area contributes to the economic and residential value of this area; and WHEREAS, the residential areas within this Corridor adjacent to the freeway have installed estate fences known as "Surewood" fences; and WHEREAS, the City has found such fences have experienced rapid deterioration, including slats that are easily broken or removed with a very light impact, as well as susceptible to stains, discoloration, and the difficult removal of graffiti, and is no longer available in the market for replacement of damaged or destroyed slats; and WHEREAS, the City has previously organized an Estate Fence Committee to make recommendations for alternatives to the failed fencing material and, having conducted public hearings in this regard, has declared such fences nuisances and nonconforming to the purposes for which they were intended; and WHEREAS, it is recognized by the City Council that those fences within the I-182 Overlay Corridor represent a public interest in maintaining aesthetic attractiveness for this district. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 25.75.050 entitled "Design Standards" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.75.050 DESIGN STANDARDS. (1) Fences, Walls and Hedges. (a) The height of fences, walls and hedges located between a structure and street or alley shall be measured from the street curb or alley grade except in those cases where topographical irregularities occur. The height of fences, walls and hedges between Ordinance Amending PMC 25.75.050 - 1 a structure and a common lot line shall be measured from the grade along the common lot line or top of any structural retaining wall occurring at the common lot line; (b) Fences and walls in commercial districts shall complement the materials used in any principal on -site structures; (c) The height of fences, walls and hedges shall be limited to 3.5 feet within the front yard area of residentially zoned lots, retail business and office zoned lots; provided, when two contiguous corner lots, or two corner lots separated only by an alley right -of -way, form the entire frontage between parallel or nearly parallel streets, the height of fences, walls and hedges shall be limited to 6 feet within the front yard adjacent to the side street; except where the front door of a house faces the side street all fences greater than 3. 5 feet in height must be set back to the building line of the house facing the side street; (d) The height of fences, walls and hedges within the side and rear yards of residentially zoned lots, retail business and office zoned lots shall be limited to 6 feet. A gate or opening with a minimum 3 foot width leading into at least one side yard shall be provided; (e) Fences shall not be constructed out of tires, pallets, bed springs, multi- colored materials, tarps, plastic sheets, corrugated sheet metal, except in industrial districts, wheel rims and similar or like materials not traditionally manufactured or used for fencing purposes. Hog wire, chicken wire, horseman wire mesh, v-mesh, field fence, woven field fence, welded utility fence, or any similar or like wire fencing material is not permitted in residential or commercial zones. Horseman wire mesh and the other wire fencing listed above may be permitted in suburban residential districts on tracts larger than one acre that are used for animal husbandry. Fences built with valid permits prior to the effective date of this chapter or fences on properties annexed to the City after the effective date of this chapter are exempt from this subsection; (f) Fences constructed of wrought iron with interspersed brick or block columns of up to 5 feet in height may be permitted within front yards in the R-S-20 & R- S-12 districts provided said fencing is 85 percent transparent; (g) Barbed and razor wire fencing is prohibited in all Residential districts, in the Office district and the Central Business district. Barbed wire may be permitted in suburban residential districts on tracts larger than one acre that are used for animal husbandry. In the C-1 Retail Business district only one strand of barbed wire is permitted along the top rail or within 2 inches of the top rail; (h) Electrified fences are not permitted in residential districts except as a secondary means of securing property where the electrified fence is located behind an existing fence or in suburban districts to contain permitted farm animals; Ordinance Amending PMC 25.75.050 -2 (i) In all front yards, whether on properties with single, double, or triple frontage, rails, posts and other structural fence supports shall not be visible from a public street; except that posts and rails that are an integral part of the fence design and aesthetics and not used solely for structural support may be visible from a public street; (j) All fencing in commercial and industrial districts shall be placed on the inward side of any required perimeter landscaping, with landscape treatments occurring along the street frontage. (k) No fence, wall or hedge, landscape material or foliage higher than 3 feet above curb grade shall be located or planted within an area 20 feet along the property lines from the intersection of two streets including the area between such points, or 15 feet from the intersection of a street and an alley; provided however, if an alternative fence material is used such as masonry, wrought iron, wood, or combination there -of then the fence must be 75 percent transparent and may be a maximum 6 feet in height, or a smaller, 75% transparent fence set upon a maximum 3-foot wall or other structure not exceeding a combined height of 6 feet, may be erected within said area of intersection of street and alley so long as the fence is at all times unobstructed by foliage or other matter; (1) Fences constructed in any zoning district may be permitted at the back of sidewalks in public right-of-way upon approval of the City Engineer, except as provided in 25.75.050(1)(j); (m) All residential fencing within the 1-182 Overlay District as defined by PMC 25.58.020 adjacent to the 1-182 right-of-way shall be constructed of masonry block. Replacement of pre-existing "Surewood" fences within the district shall use masonry block or cedar material prescribed by the city as pre-stained, knotless cedar 23/32s thick and 5.5 inches wide and 6 feet tall. (ten) No fence or wall shall be erected without first obtaining a building permit from the building inspector. (2) Clearance Distances. Where a fire hydrant is located within a landscape area it shall be complemented by a minimum clearance radius of 3 feet; No tree, as measured from its center, shall be located within 10 feet of a street light standard, within 5 feet of a driveway or a fire hydrant; (3) Commercial and Industrial Districts. (a) The first 10 feet of all commercial and industrial property abutting an arterial street and the first 5 feet of all commercial and industrial property abutting a local access street shall be treated with landscaping at the time the property is developed. No less than 65 percent of the landscaped area must be treated with live vegetation at the time of planting. Ordinance Amending PMC 25.75.050-3 II (b) In addition to the requirements contained in this chapter and unless specified otherwise in Chapter 25.58, commercial and industrial zoned properties adjacent to properties in less intense zoning districts shall have a 10 foot landscape buffer on the side immediately adjacent to less intense zoning district. The landscaped buffer shall meet the following standards: (i) Live vegetation within the landscape buffer shall be planted with a mix of evergreen and deciduous trees and shrubs interspersed throughout the landscape buffer; (ii) The live vegetation shall consist of 40 percent evergreen trees. (iii) Trees shall be provided at a minimum rate of one tree for every 20 linear feet of property line and spaced no more than 30 feet on center spacing along each property line, unless planted in groupings of 3 trees, with groupings spaced no more than 50 feet on center along each property line. (iv) Shrubs shall be provided at a minimum rate of 1 per 8 linear feet of property line and spaced no more than 16 feet apart on center. (v) Parking lots located adjacent to properties in less intense zoning districts require 100 percent of the landscape buffer to be planted with live vegetation. (C) The area between property lines and the back edge of street curbs, within right-of-way and exclusive of sidewalks and driveways for ingress/egress, shall be treated with landscape materials. (4) Residential Districts. At least 50 percent of the required front yard area for all residential property including right-of-way but, excluding driveways, shall be treated with live vegetation. Planting strips shall be treated as per PMC Section 12.12.047; and (5) All areas of a lot or parcel not landscaped or covered with improvements, shall be maintained in such a manner as to control erosion and dust. Gardens within established landscapes are excluded from this provision in Residential Districts. Front yard areas not covered by the required 50 percent live vegetation must be covered by mulches or decorative rock. (Ord. 4110, 2013.) Section 2. The City Council finds that Surewood fences within the I-182 Overlay District are defective and constitute a public nuisance requiring their removal and replacement. The City Council, by Resolution, shall provide a procedure for the transition from the nonconforming "Surewood" fences to fences consistent with the standards provided in Section 1 above. Ordinance Amending PMC 25.75.050-4 Section 3. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of .G(/ , 2014. Matt Watkins, Mayor At st: Appr to Form:c Debbie ark, City Cler Leland B. Kerr, City Attorney Ordinance Amending PMC 25.75.050 -5