HomeMy WebLinkAboutORD 6047CITY OF RENTON, WASHINGTON
ORDINANCE NO. 6047
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-4-040 OF THE RENTON MUNICIPAL CODE, REVISING FENCE, HEDGE, AND
RETAINING WALL REGULATIONS, PROVIDING FOR SEVERABILITY, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the subject code section, RMC 4-4-040, Fences, Hedges, And Retaining Walls,
regulates fences, hedges, and retaining walls, particularly in front yards and in yards abutting
public rights -of -way, in order to promote public safety, maintain or create pleasing aesthetics,
encourage the feeling of spaciousness along streets, and reduce conflicting interests between
abutting property owners; and
WHEREAS, current regulations contain conflicts with regard to code application and do
not provide sufficient standards to mitigate adverse impacts caused by fences, hedges, and
retaining walls; and
WHEREAS, with this Ordinance, the City primarily seeks to revise RMC 4-4-040 to clarify
that fences, hedges, and retaining walls are regulated by zone, rather than by use, as well as
ensure fences, hedges, and retaining walls within commercial and industrial zones are consistent
with the aesthetic objectives intended by the code section; and
WHEREAS, this Ordinance resolves and nullifies Code Interpretation, CI-154; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on May 3, 2021, the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
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ORDINANCE NO. 6047
WHEREAS, the Planning Commission held a public hearing on May 19, 2021, considered
all relevant matters, and heard all parties in support or opposition, and subsequently forwarded
a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Section 4-4-040 of the Renton Municipal Code is amended as follows:
4-4-040 FENCES, HEDGES, AND RETAINING WALLS:
A. PURPOSE:
These regulations are primarily intended to regulate the material and height
of fences, hedges, and retaining walls, particularly in front yards and in yards
abutting public rights -of -way, in order to promote traffie safety and to
maintain or create aesthetically pleasing neighborhoods. The regulations are also
intended to provide and maintain adequate sight distances along pUbliG rights of
way at intersections, encourage safe ingress and egress from individual
properties, encourage the feeling of spaciousness along neighborhood streets,
promote crime prevention through environmental design, and reduce conflicting
interests between abutting property owners.
B. APPLICABILITY:
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ORDINANCE NO. 6047
1. New or Replacement Fences, Hedges, and Retaining Walls: The
standards contained in this Section shall apply to all proposals for new or
replacement fences, hedges, and retaining walls.
12. Exceptions: The provisions and conditions of this Section regulating
height and design of fences, retaining walls, or barriers to surround and enclose
public safety installations, transportation facilities, waterways, storm drainage
facilities, school grounds, public playgrounds, private or public swimming pools,
and similar installations and improvements are not applicable if required by law.
213. Urban Separator Overlay: Fences, hedges, and retaining walls within
the urban separator overlay are also subject to requirements of RMC 4-3-110,
Urban Separator Overlay Regulations.
94. City May Require Modification: Where a traffic vision hazard is
created or exists that endangers pedestrian and/or vehicular safety, the City may
require a modification to the height limitations and location of fences, hedges or
retaining walls to increase or enhance safety.
45. Permit Required:
a. Fences: A fence taller than seven feet (7') shall require a building
permit or a written exemption from the Building Official.
b. Retaining Walls: A retaining wall that is four feet (4') or taller, as
measured by the vertical distance from the bottom of the footing to the finish
grade at the top of the wall (i.e., not measured by exposed retaining wall height),
shall require a building permit. This determination does not account for other
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ORDINANCE NO. 6047
factors that may cause a building permit to be required for a retaining wall (e.g.,
the addition of a surcharge or fence).
C. GENERAL FENCE, HEDGE, AND RETAINING WALL STANDARDS:
1. Height — Method of Measurement:
a. Fences: The height shall be measured from the top elevation of the
top board rail or wire to the ground. In cases where a wall is used instead of a
fence, height shall be measured from the top surface of the wall to the ground on
the high side of the wall.
i. Grade Differences: Where the finished grade is a different
elevation on either side of a fence the height may be measured from the side
having the highest elevation.
ii. Fences on Berms: A berm shall not be constructed with a fence
on it unless the total height of the berm plus the fence is less than the maximum
height allowable for the fence if the berm were not present.
b. Hedges: The height shall be measured from the topmost portion of
vegetation to the ground. Hedges designed as part of stormwater low impact
development best management practices shall be designed consistent with the
Surface Water Design Manual, and the Clear Vision Area defined in RMC 4-11-030,
and avoid blocking public views to public places.
c. Retaining Walls: The standards of this Section refer to exposed
retaining wall height, as defined in RMC 4-11-180, Definitions R, which is the
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ORDINANCE NO.6047
vertical distance measure from the finish grade at the bottom of the wall (i.e.,
lower soil grade) to the finish grade at the top of the wall (i.e., upper soil grade).
2. Retaining Wall Standards:
a. Fences on Retaining Walls: A fence shall not be constructed on top
of a retaining wall unless the total combined height of the retaining wall and the
fence does not exceed the allowed height of a standalone fence.
i. Exception —Guardrail: If the Building Official requires a guardrail,
the combined height of the retaining wall and required guardrail shall not exceed
nine feet (9') in residential zones, or twelve feet (12') in commercial and industrial
zones.
ii. Exception — Fifty Percent (50%) Transparent Fences: Fences that
provide at least fifty percent (50%) transparency, as viewed perpendicularly to the
face of the fence, may be allowed directly on top of a retaining wall. However,
chain link fencing shall not be installed. This exception shall not be applied to front
yard setbacks, or clear vision areas, as defined by RMC 4-11-030, Definitions C.
b. Fences and Hedges Adjacent to Retaining Walls: Fences or hedges
adjacent to retaining walls with a combined height that exceeds the allowed
height of a standalone retaining wall shall be set back by a minimum of two feet
(2'); this area shall be landscaped as if it were a terrace. If a fence is placed any
distance within the property line, the property owner continues to be responsible
for the property on both sides of the fence.
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ORDINANCE NO. 6047
c. Materials: Retaining walls shall be composed of brick, rock, textured
or patterned concrete, or other masonry product that complements the proposed
building and site development. Other materials may be used with the
Administrator's approval.
d. Setback from Public Rights -of -Way: There shall be a minimum
three-foot (3') landscaped setback at the base of retaining walls abutting public
rights -of -way. Landscaping shall include a mixture of shrubs and groundcover
(trees are optional) in conformance with the standards of RMC 4-4-0701-14,
Perimeter Parking Lot Landscaping.
e. Terracing: Terracing is the act of forming hillside into a number of
level flat areas (terraces) between retaining walls, which is often used when the
maximum height of a single retaining wall is insufficient. The following standards
shall apply to terraced slopes:
i. Terrace Width: No portion of a retaining wall shall be measured
as part of the terrace width. The width of a terrace shall be equal to the height of
the tallest abutting retaining wall; however, the minimum terrace width shall be
two feet (2'). Terrace width shall be measured from the back edge of a lower
retaining wall to the foremost edge of the immediately succeeding and higher
retaining wall.
ii. Terrace Landscaping: Terraces created between retaining walls
shall be permanently landscaped with a mixture of shrubs and groundcover (trees
are optional) in conformance with the standards of RMC 4-4-070i=, Landscaping.
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ORDINANCE NO. 6047
Landscaping provided in front of retaining walls and within terraces shall
contribute to any landscaping required by RMC 4-4-070F; the Administrator may
grant exceptions for required trees based on land constraints.
f. Grading: For land area that is not between two (2) retaining walls
(i.e., not a terrace), the lower soil grade (i.e., ground at the bottom of a retaining
wall's exposed surface) and the upper soil grade (i.e., ground at the top a retaining
wall) abutting a retaining wall shall be level for a horizontal distance (measured
perpendicularly to the wall) equaling one foot (1') for every one foot (1') in height
of the retaining wall.
g. Modifications: Pursuant to RMC 4-9-250D, Modification
Procedures, the Administrator may grant modifications to this Section's retaining
wall standards. Approval of a modifications permit may include conditions such
as, but not limited to, increased setbacks, additional landscaping, a requirement
to terrace or specific materials to be used.
D. STANDARDS FOR RESIDENTIAL "ZONES:
1. Maximum Height: In any residential dot -zone, the maximum height
of any fence, hedge or retaining wall shall be seventy-two inches (72"), subject to
further height limitations as specified in &subsection D.2.
emceed feFty eight iRehes (48") OR height within the 49FA . aFd sett aek
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ORDINANCE NO. 6047
V2.d Rpth2ckc- FeRee Fetai.,iRg ally eF hedges within beth
.-hes (48") it height. C.,. eeS FetaiRiRg ally 8F hedges Wi+hi.. iRt-P-rip. Side . aF d
(72") it hei..ht
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rearyard abuts a pUbliG 9F p ,ate StFeet, OR .,hirh i+ Shall RA-t- P-weeed d'. Fty
eight i eh„s (49") Ce. ees within areaF aF d setb ek abuttiRg a ,-+.eet .nay be up
■
i2. Height Limitations fer. Corner he4s-within Setbacks:
a. Front Yard Setbacks: Fences, hedges, or retaining walls shall not
exceed forty-eight inches (48") in height within any part of the front yard setback.
In no case shall a fence, hedge, or retaining wall FeneeS, Fetaini^^ walls eF hedges
ORDINANCE NO. 6047
h;;mot-exceed forty-two inches (42") in height in any part of the clear vision area
as defined by RMC 4-11-030, Definitions C. PenEeS, F^taining walls, h^d^"` 5h@P
b. War-ier-Side Yard Setbacks: Fences, hedges, or retaining walls
FeneeS, .^taming walls ^F hedges shall not exceed seventy-two inches (72") in
height within any part of the interior side yard setback to the point where they
intersect the front yard setback or a secondary front yard setback, in which case
they shall be governed by the applicable limitations of the front yard or secondary
front yard setbacks.
c. Secondary Front Yard Setbacks: Fences, hedges, or retaining walls
shall not exceed forty-eight inches (48") in height within any part of the secondary
front yard setback. In no case shall a fence, hedge, or retaining wall exceed forty-
two inches (42") in height in any part of the clear vision area as defined by RMC 4-
11-030, Definitions C. FeneeS FetaiRi.,., ..,ally 9F hedges shall RR-t- , .,d f.+Fty tWq
d. Rear Yard Setbacks: Fences, hedges, or retaining wallsee
FetaiRiRg walls, ^' hedge, shall not exceed seventy-two inches (72") in height
within the rear yard setback except the fence, hedge, or retaining wall 9F hedge
shall not exceed forty-eight inches (48") in height where they inteFs^e++he width
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ORDINANCE NO. 6047
of the see-ewidaFy 49FA • afd-e --g-the rear yard of ;e let abuts a public or private
street.
Side yard
along street
15'(Typical)
Front yard
15' (Typical)
e. Fence Height Exception for Secondary Front Yard Setbacks and Rear
Yard Setbacks Abutting a Street -and- Side 31-;IFds along a St-eet: Fences over forty_
eight inches (48") and up to seventy-two inches (72") in height may be installed
within secondary front yard setbacks and rear yard setbacks that YaFds and &We
yaFds aleng abut a streetStFeets, excepting any portion within a front yard setback
or clear vision area, if all of the following criteria are met:
i. Fencing materials such as wrought iron, cedar wood, or similar shall be
used. Chain link fencing is prohibited.
line.
ii. The fence is set back at least eight feet (8') from the subject property
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ORDINANCE NO. 6047
iii. Within the minimum eight feet (8') fence setback, irrigated or drought -
tolerant landscaping that complies with the standards of RMC 4-4-070.(I-L.1)(P-Q)
shall be installed and continuously maintained so that plantings provide total
coverage of the area within three (3) years based on the following standards:
(a) Ground Cover: Eighteen (18) ground cover plants per five (5) linear feet
of landscaping strip.
(1) Minimum four -inch (4") pots.
(2) Mulch must be confined to areas underneath plants and is not a
substitute for ground cover plants.
(b) Shrubs: Eight (8) low shrubs per five (5) linear feet. Up to fifty percent
(50%) of shrubs may be deciduous:
(1) Required Low Shrub: Mature size under three feet (3') tall. Minimum
size at planting: one or two (2) gallon pot or balled and burlapped equivalent.
(2) Optional Medium Shrubs: Medium shrubs may be installed in place of
required low shrubs. One medium shrub shall count as two (2) low shrubs. Mature
size from three feet (3') to six feet (6') tall. Minimum size at planting: two (2) or
three (3) gallon pot or balled and burlapped equivalent.
iv. The plants shall be planted in a triangular pattern with approximately
even spacing, depending on the plant material.
v. Plants listed as a nuisance or prohibited by King County are prohibited
in required landscaped areas.
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ORDINANCE NO. 6047
vi. Planting of a hedge or plantings that will grow to become a hedge are
prohibited to be within the required landscaping area between the property line
and fence.
vii. The finished face of the fence shall be oriented to the street.
viii. No fence, hedge, or retaining wall shall exceed forty-two inches (42")
within any clear vision area, as defined by RMC 4-11-030, Definitions C.
ix. As an alternative to these standards, an applicant may apply for a
special administrative fence permit per subsection G of this Section.
43. Gate Required: Residential fences, retaining walls or hedges along rear
lot lines of interior lots abutting alleys shall have an access gate to the alley.
-54. Electric and Barbed Wire Fences: Electric and/or barbed wire fences
may be permitted by special administrative fence permit in all residential zones in
cases where large domestic animals are being kept; provided, that additional
fencing or an Administrator approved barrier is erected along the property lines.
ZONES:
E. STANDARDS FOR COMMERCIAL: AND INDUSTRIAL AA10 OTWER USES
1. Maximum Height: The maximum height of any fence, hedge or retaining
wall shall be eight feet (8'), subject to further height limitations as specified in
subsection E.2, provided the fence, hedge, or retaining wall and
feRee, FetaiRiRg wall 9F hedge does not
pose a traffic vision hazard.
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ORDINANCE NO. 6047
1L'S'iC1N1IY.�l
2. Additional Height Limitations in Commercial Zones:
a. Front Yard: Fences, hedges, or retaining walls shall not exceed forty-
eight inches (48") in height within fifteen feet (15') of the front yard property line.
In no case shall a fence, hedge, or retaining wall exceed forty-two inches (42") in
height in any part of the clear vision area as defined by RMC 4-11-030, Definitions
C.
b. Secondary Front Yard: Fences, hedges, or retaining walls shall not
exceed forty-eight inches (48") in height within fifteen feet (15') of the secondary
front yard property line. In no case shall a fence, hedge, or retaining wall exceed
forty-two inches (42") in height in any part of the clear vision area as defined by
RMC 4-11-030, Definitions C.
c. Rear Yard: Fences, hedges, or retaining walls shall not exceed forty-
eight inches (48") in height within fifteen feet (15') of a rear yard property line
that abuts a public street.
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ORDINANCE NO. 6047
3. Material Limitations in Commercial Zones: Chain -link fencing within the
Center Downtown (CD) Zone is prohibited. Chain -link fencing within all other
commercial zones shall be coated with black, brown, grey, or green bonded vinyl.
4. Landscaping: Fences, hedges, and retaining walls shall not stand in or in
front of any required landscaping. If a new or replaced fence is proposed within
fifteen feet (15') of a public street on a site that is nonconforming with regard to
street frontage landscaping requirements per RMC 4-4-070F.1, the site shall be
brought into compliance with street frontage landscaping requirements prior to
fence installation.
Z5. Electric Fences: Electric fences are permitted in all industrial zones and
may be permitted by special administrative fence permit in all commercial zones.
All electric fences shall be posted with permanent signs a minimum of thirty-six
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ORDINANCE NO. 6047
(36) square inches in area at intervals of fifteen feet (15') stating that the fence is
electrified. Electric fences and any related equipment and appliances must be
installed in accordance with the manufacturer's specifications and in compliance
with the National Electrical Code.
96. Barbed Wire Fences: Barbed wire fences are permitted in all industrial
zones and may be permitted by special administrative fence permit in all
commercial zones. Barbed wire may only be used on top of fences at least six feet
(6') high , iAGIUStFial, utility and publie uses.
is
0, e C
7 is
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atAK +n� try AWE N .
f
--l:r- r-r
M W,1 Jk1 WIGM-
h-J =1vk c2 F'.r•M1t
f+poi-u-4 rH1 Hr ,c-,Hr c= r*1`7 AM) TH-, F r
47. Bulk Storage Fences: See RMC 4-4-110, Storage;, Bulk.
5,—Special rPrr^vRSin-As;—i=2RC�5 fier •,I'iI„ h6r;,e pa,FI(S, SUbdiMseens 9F
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ORDINANCE NO. 6047
F. ADMINISTRATIVE DC\/IC\A/ OF VARIATION FROM FENCE OR HEDGE
STANDARDS WEIGHT R"—TRICTIGAIS:
Unless otherwise determined through the site plan review or subdivision
review process, a A property owner wishing to vary the height FeStFirA99AS eF
placement ^{ standards for a fence or hedge on a lot may m;;kp submit a written
application to the Department for a-n-administrative review�f
The written application shall include a letter of justification, site
plan, and typical elevation, together with the current permit fee. The
Department's staff shall review the application and prepare a written
determination based upon criteria listed in subsection G of this Section, Special
Administrative Fence Permits. No separate special fence permit is required for a
development proposal which requires site plan review or subdivision review
process, provided variations were permitted though these processes.
G. SPECIAL ADMINISTRATIVE FENCE PERMITS:
along a StFe t Sp--k h''+ RQ-t- VAt- R - ,.ip-,. .rice,
b. Fenees er hedges emeeeding seyeFity two iRehes (722) and l,,ea-te4
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ORDINANCE NO. 6047
€festr+cfences; and
211. Evaluation Criteria: The Administrator may approve the issuance of
special fence permits provided that the following ^''°^criteria can be met:
a. The proposed fence imPreves theprivacy and—ser=Wily =ef the
ad ;;, d space or hedge is not out of character with the surrounding
neighborhood,
b. The proposed fence or hedge does not detract from the quality of
the Fesid tial environment by being out of scale or creating vast blank walls along
public roadways;
c. The proposed fence or hedge complements eemplimeRtsthe
environment it serves in an aesthetically pleasing manner; and
d. The proposed fence or hedge does not present a hazard to vehicular
or pedestrian traffic.
32. Acceptable Measures to Meet Criteria: �^^r29'^rated V94WR the free+
inehes (72"Tin height, F9Vided the—eyalaatien Erite�Fia aFe—Fnet. Acceptable
measures to achieve these criteria include, but are not limited to the following:
a. Permanent landscaping along the front of the fence;
b. Quality fence material, such as cedar fencing;
c. Modulation of the fence;
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ORDINANCE NO.6047
d. Similar design and material as other fences in the surrounding
neighborhood;
iron;
e. Increased setbacks from the abutting sidewalk;
f. Ornamental materials or construction treatment, such as wrought
g. Orientation of the finished face of the fence toward the street;
h. The fence is at least fifty percent (50%) transparent; and
i. Other comparable construction or design methods.
43. Clear Vision Area: The fence proposed for special permits shall have
no portion in the clear vision area over forty-two inches (42") in height. The
location and height of the fence must not obstruct views of oncoming traffic, or
views from driveways.
SECTION III. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION IV. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City's official newspaper. The summary shall consist of this
ordinance's title.
PASSED BY THE CITY COUNCIL this 13th day of December, 2021
r
Jason . Seth, 1 y Clerk
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ORDINANCE NO. 6047
APPROVED BY THE MAYOR this 13th day of December, 2021
Approved as to form:
Shane Moloney, City Attorney
Date of Publication: 12/16/2021 (Summary)
ORD:2173:11/3/21
Armo
avone, Mayor
SE, AL �
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