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HomeMy WebLinkAbout4680 Ordinance - Amending PMC 25.180.050 Corner Lot FencingORDINANCE NO. 4680 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE PASCO MUNICIPAL CODE SECTION 25.180.050 "DESIGN STANDARDS" RELATED TO CORNER LOT FENCING. WHEREAS, the Landscaping and Screening chapter of the Pasco Municipal Code (PMC) 25.180 is intended to establish minimum standards for the provision of design, maintenance, and sight -obscuring methods within residential zoning districts; and WHEREAS, the existing fence regulations in the municipal code require revision to better address changing community needs and ensure public safety; and WHEREAS, there is a need to establish clear guidelines for fence heights and placement, taking into consideration the balance between property privacy, safety, and maintaining neighborhood cohesion; and WHEREAS, the intent of this amendment is to update and increase flexibility for corner lot fencing within the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 25.180.050 entitled "Design Standards" within the Landscaping and Screening Chapter of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.180.050 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 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 solid feaein*. An additional 1.5 feet comprised of 85% transparent material is permitted for a maximum of 5 feet within the front yard area of residentially zoned lots, retail business and office zoned lots., pt,o�i6vo, Ordinance — Amending PMC 25.180.050 - 1 when twe . nti. uet s leomern tlos ' twe a o lets separated only by y a alley right of way, fofm the—entire frontage b,etwee, pla,.allel of ea4y rallel streets the height of f pees alls and ledges shall be limited to feet vrtbi„ the f o t yard adjaeent to the side stfeet, e e .t wbefe the front door- of u house falees the side stfeet all f noes greater- than 3.5 feet in be;T must be set b.aek to the building line of the house f ..ing the side stfeet A 6 -foot fence in the front yard next to the side street is permitted if the property is at a corner where two corner lots are next to each other or separated only by an alley. If the house's front door faces the side street, any fences taller than what is allowed in the front yard must be placed 15 feet away from the side street's property line. (i0 Fences greater than 3.5 feet in front yards must provide address numbers to the fence in conformance with the International Building ii Fences greater than 3.5 feet in front yards must be equipped with knox boxes if gates are locked. (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 six feet. A gate or opening with a minimum three-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. (g fl 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- I retail business district Ordinance — Amending PMC 25.180.050 - 2 only one strand of barbed wire is permitted along the top rail or within two inches of the top rail. ( ) 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. ( ) 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. () 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. ( ) No fence, wall or hedge, landscape material or foliage higher than three 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, that if an alternative fence material is used, such as masonry, wrought iron, wood, or combination thereof, then the fence must be 75 percent transparent and may be a maximum six feet in height; or a smaller, 75 percent transparent fence set upon a maximum three-foot wall or other structure not exceeding a combined height of six 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. ( ) 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 PMC 25.180.050(1)0). ( ) All residential fencing within the I-182 overlay district, as defined by PMC 25.130.020, adjacent to the I-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 prestained, knotless cedar 23/32 -inch thick, five and one-half inches wide and six feet tall. ( ) 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 three feet; no Ordinance — Amending PMC 25.180.050 - 3 tree, as measured from its center, shall be located within 10 feet of a street light standard, or within five 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 five 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. (b) In addition to the requirements contained in this chapter and unless specified otherwise in Chapter 25.130 PMC, commercially and industrially zoned properties adjacent to properties in less intense zoning districts shall have a 10 -foot landscape buffer on the side immediately adjacent to the 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 three 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 one per eight 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, Ordinance — Amending PMC 25.180.050 - 4 shall be treated with live vegetation. Planting strips shall be treated as per PMC 12.12.070; 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. 4157 § 1, 2014; Ord. 4110 § 28, 2013; Ord. 3763 § 10, 2006; Code 1970 § 25.75.050.] Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this Ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener's errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of Ordinances or their sections and subsections. Section 4. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this 5h day of September, 2023. Craig Maloney Mayor Pro Tem ATTEST: Debra Barham, CMC City Clerk Ordinance — Amending PMC 25.180.050 - 5 APPROVED AS TO FORM: err Fergu aw, PLLC City At eys