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HomeMy WebLinkAbout0953 OrdinanceORDINANCE NO. ,953 AN ORDINANCE REGULATING FENCES, WALLS AND FOLIAGE IN RESIDENTIAL ZONES, PRESCRIBING. PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. It shall ,be unlawful to erect or maintain any fence or wall or plant or maintain any foliage in any residential zone contrary to the terms of this ordinance. Section 2. There shall -be no wall, fence or foliage higher than 30 inches above curb grade, and no tree foliage lower than 72 inches above curb grade, within any triangle, the two equal legs of which are formed by lines measured 24 feet along the property line from the intersection of two streets, or 15 feet from the intersection of a street and an. alley. $ection•3o Subject to Section 2, the height of fences and. foliage shall be limited to 42 inches within the minimum front yard area and within that portion of the minimum side yard area lying,less than 50 feet from the front property line; provided, however, that the Planning Commission .may allow a fence or foliage not to exceed 72 inches in height within. that portion of the mini- mum side yard, area lying less than 50 -'feet from the front property line and to the rear of the frontmost portion of the hou.s.e upon the Tot immediately adjoining said fence or foliage, upon completion of the following steps: (a) Upon written application of the record owner or contract purchaser in possession, with the written concurrence of the. record owner or contract. purchaser in possession of the prope.rty'immediately adjacent to •said fence or foliage, and (b) After a finding by the,Planning Commission that such fence or foliage would not be detrimental to health, safety or the general welfare. Section 4. The height of fences and foliage within that portion of the minimum side yard.area lying 50 feet or more from the front property line, and within the minimum rear yard area, shall not exceed 72 inches; provided however, that where any of said areas shall immediately adjoin a portion of a neighboring lot wherein the height of fences and foliage shall be limited to less than 72 inches, the. height of fences and foliage in said areas shall not exceed the maximum height of fences and foliage allowable in said adjoined portions of the neighboring lot. Section 5. All heights of fences and foliage shall be measured from curb or alley grade for,the minimum yard areas adjacent thereto and from the average grade and slope of the lower parcel of property in case of minimum yard areas adjoining a common lot line; provided, however, that in• the case of common lot lines when such measurement shall, in the determination of the Planning Commission, be unreasonably re-strictive as to the height of fences or foliage, :the Planning Commission may allow such variance a.s to the height. of fences or foliage effected .by such measurements as they shall determine to be not detrimental to health, safety and the general welfare. Section 6. A fence or wall shall not be erected without first obtaining a building permit from ,the Building Inspector. Section 7. Any person violating any of the provisions of this ordinance shall be, deemed guilty -of a misdemeanor and upon conviction thereof, shall be punished by a fine of not to exceed $300. 00, or by imprisonment in the City Jail for a period of not more than 90 days, or both. such fine and imprisonment. Section 8. All ordinances or parts of ordinances in conflict herewith are hereby, repealed. Section- 9. This ordinance shall be in full force and .effect after its passage and publication as 'required by law. PASSED by the Council and APPROVED by the Mayor the�day o£ atzr, 1 59, MAYOR AT TESK- City K - City Clerk . AP:PR2-VED &S M. City Attorney PUBLISHED:.