HomeMy WebLinkAboutORD 5747 CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5747
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-4-040 OF CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT STANDARDS,
AND SECTIONS 4-11-060 AND 4-11-180, OF CHAPTER 11, DEFINITIONS, OF TITLE
IV (DEVELOPMENT REGULATIONS) OF THE RENTON MUNICIPAL CODE,
AMENDING THE REGULATIONS REGARDING FENCES, HEDGES AND RETAINING
WALLS AND ADDING NEW DEFINITIONS OF "FENCE", "RETAINING WALL",
RETAINING WALL HEIGHT", "RETAINING WALL HEIGHT, EXPOSED" AND
"ROCKERY".
WHEREAS, the City recognizes that structures, such as retaining walls, can have adverse
impacts on abutting properties and public rights-of-way; and
WHEREAS, current development regulations do not provide sufficient standards to
mitigate adverse impacts caused by retaining walls; and
WHEREAS,the City is now setting standards for retaining walls; and
WHEREAS, this matter was referred to the Planning Commission for consideration, and
the matter was considered by the Planning Commission, and the text amendment requests
being in conformity with the City's Comprehensive Plan, as amended; and
WHEREAS, the Planning Commission held a public hearing on November 5, 2014, and
considered all relevant matters, and all parties were heard appearing in support or in
opposition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 4-4-040, Fences and Hedges, of Chapter 4, City-Wide Property
Development Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
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ORDINANCE N0. 5747
4-4-040 FENCES,ANDHEDGES, AND RETAINING WALLS:
A. PURPOSE:
These regulations are primarily intended to regulate the material and height
of fences,aPA-hedges, and retaining walls, particularly in front yards and in yards
abutting public rights-of-way, in order to promote traffic and public safety and to
maintain or create aesthetically pleasing neighborhoods. The fei!Gg
regulations are also intended to provide and maintain adequate sight distances
along public rights-of-way at intersections, and encourage safe ingress and
egress from individual properties,. These Fegulatiens alse encourage the feeling
of spaciousness along neighborhood streets, promote crime prevention through
environmental design, and MORO,n*ze the e' d' '+• tmesp" "i^" *'J1
c�G�ea cTr�crcmuvp n e r e, v a rric�� ccm
fences aleng ^UM6 -ghtS of Way r=aR eate reduce conflicting interests between
abutting property owners.
B. APPLICABILITY:
1. Exceptions: The provisions and conditions of this Ssection 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 State law eF by the of th*s Cede to
SiaiFeund and enelese pclbIie safety insta;llatiens, 5EIS9el ff9UA015, PUbliE
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ORDINANCE N0. 5747
2. Urban Separator Overlay: Fences ate—hedges, and retaining walls
within the urban separator overlay are also subject to requirements of RMC 4-3-
110,t#e Urban Separator Overlay Regulations (see R""G " 3 "^`
3. 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.
4. Permit Required:
a. Fences: A fence taller than six feet (6') shall require a building
permit or an explicit 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
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, AND HEDGE, AND RETAINING WALL STANDARDS:
REQUIREMENTS:
1.ire Height—Method of Measurement:
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ORDINANCE NO. 5747
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.
L 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.
2,ii_ Fences on Berms: A berm n+ay 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.
3s 21=eF1Ce5i—vrrTeFCithe rniianea gFade is a diffeFent
elevatien An either •d ef a feRee the height Fnay be FneaSUFed fF the side
having the highest eleva+ien.
4: Gity May Require Modification; WheFe--a tFafffi^ visiwl h,7a��'
eFeated, the 6itymay I ire a etedAeatien to the height limitatiens nd
Qc-atieR A-f-Tenees,hedges eF Wal'S to the deffee r}esessaFy te eliminate the
b. Hedges: The height shall be measured from the topmost portion of
vegetation to the ground.
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 N0. 5747
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 — 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 N0. 5747
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 4-4-070.H.4,
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:
L 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') and the maximum required width shall be five feet (5'). 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 4-4-070.F,
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ORDINANCE N0. 5747
Landscaping. Landscaping provided in front of retaining walls and within
terraces shall contribute to any landscaping required by RMC 4-4-070.F: 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.
R. Modifications: Pursuant to RMC 4-9-250.1), 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 USES:
1. Maximum Height: In any residential district, the maximum height of
any fence hedge or retaining wall shall be seventy-two inches (72"), subiect to
further height limitations as specified in this section.
2. Height Limitations for Interior Lots:
a. Front Yard Setbacks: Fences, retaining walls or hedges shall not
exceed a- -Gf forty-eight inches (48") in height may be ariewed within
the FeqUiFed front yard setback. ljea to*"
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ORDINANCE N0. 5747
b. Side Yard ''at Setbacks: Fences, retaining walls or hedges
within both ee interior side yard setbacks des and theef Feqtr+Fed front yards
setback shall not exceed forty-eight inches (48") in height. Fences, retaining walls
or hedges within eff interior side yard setbacks lames and not within rimed
the front yards setback shall not exceed may be a maximum ef seventy-two
inches (72") in height.
c. Rear Yard at Setbacks: A fence, retaining wall or hedge shall
not exceed ad -ef seventy-two inches (72") may be leeated en within the
rear yard setback. ire.
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2,3. Height Limitations for Corner Lots:
a. Front Yard Setbacks: Fences, retaining walls or hedges shall not
exceed aGf forty-two inches (42") in height may be allewed en in any
part of the clear vision area as defined by RMC 4-11-030, Definitions C. Fences,
retaining walls, or hedges shall not exceed a d -9f forty-eight inches (48")
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ORDINANCE NO. 5747
in height may be alle within any part of the front yard setback when located
outside of any clear vision area on said lot.
b. Interior Side Yard Lot Line Setbacks: Fences, retaining walls or
hedges shall not exceed a-ad -ef seventy-two inches (72") in height
hP elf within any part of the interior side yard setback let-ices to the
point where they intersect the Feq+i ed front yard setback, in which case they
shall be governed by subseetien RMC 4-4-040.D.2.a, Front Yard Setbacks of this
Seetiee.
c. Side Yard bet—Line—Abutting—Along a Street Setbacks: Fences,
retaining walls or hedges shall not exceed be a maximum 9 forty-two inches
(42") in height within any clear vision area, as defined by RMC 4-11-030,
Definitions C, and forty-eight inches (48") in height elsewhere in the front yard
setback. The remainder of the fence or hedge shall not exceed fie-a-FAaX
ffiFnuFR
seventy-two inches (72") in height within the side yard along a street setback.
d. Rear Yard Lot Lane Setbacks: Fences, retaining walls, or hedges
shall not exceed a--rue# seventy-two inches (72") in height may be
located alep, within the rear yard setback iodine except the fence, retaining
wall or hedge shall not exceed be limited to forty-eight inches (48") in height
where they intersect the width of the FegriFed side yard along a street setback_
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ORDINANCE NO. 5747
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3.4. 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.
4TS. 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.
E. STANDARDS FOR COMMERCIAL, INDUSTRIAL AND OTHER USES:
1. Location and Maximum Height: A maximum of eight feet (8')
anywhere on the lot provided the fence, retaining wall or hedge does not stand
in or in front of any required landscaping or pose a traffic vision hazard.
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ORDINANCE N0. 5747
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2. Electric Fences: All electric fences shall be posted with permanent
signs a minimum of thirty-six (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.
3. Barbed Wire Fences: Barbed wire may only be used on top of fences at
least six feet (6') high for commercial, industrial, utility and public uses.
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ORDINANCE NO. 5747
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4. Bulk Storage Fences:See RMC 4-4-110, Storage Facilities, Bulk.
S. Special Provisions: Fences for mobile home parks, subdivisions or
planned urban development and for sites which are mined, graded or excavated
may vary from these regulations as provided in the respective code sections.
F. ADMINISTRATIVE REVIEW OF VARIATION FROM HEIGHT RESTRICTIONS:
A property owner wishing to vary the height restrictions or placement of a
fence or hedge on a lot may make written application to the Planning Division for
an administrative review of the situation. The Department's staff shall review the
application and prepare a written determination based upon criteria listed in
these Fegulatiens RMC 4-4-040.G, Special Administrative Fence Permits.
G. SPECIAL ADMINISTRATIVE FENCE PERMITS:
1. Fences Eligible for Administrative Review Process: Persons wishing to
have one hof the following types of fences may submit a letter of justification,
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ORDINANCE NO. 5747
site plan and typical elevation together with the permit fee to the Department of
Community and Economic Development:
a. Fences exceeding forty_eight inches (48") within front yard or side
yards along a street setback but not within a clear vision area..
b. Fences or hedges exceeding seventy-two inches (72") and located
outside of required yard setbacks;
#:c. Electric fences... and
Ed. Barbed wire fences.
2. Evaluation Criteria: The Develepment SeFViees Divisien Administrator
may approve the issuance of special fence permits provided that the following
objectives can be met:
a. The proposed fence improves the privacy and security of the
adjoining yard space;
b. The proposed fence does not detract from the quality of the
residential environment by being out of scale or creating vast blank walls along
public roadways;
i c. The proposed fence compliments the environment it serves in an
aesthetically pleasing manner; and
d. The proposed fence does not present a hazard to vehicular or
pedestrian traffic.
aT 3. Acceptable Measures to Meet Criteria: Fences located within the
front or side and/or rear yard along a street setback may be a maximum of
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ORDINANCE NO. 5747
seventy-two inches (72") in height, provided the evaluation criteria are met.
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;
d. Similar design and material as other fences in the surrounding
neighborhood;
e. Increased setbacks from the abutting sidewalk;
f. Ornamental materials or construction treatment, such as wrought
iron;
g. Orientation of the finished face of the fence toward the street;
affd
h. The fence is at least fifty percent (50%)transparent; and
i. Other comparable construction or design methods.
". Clear Vision Area: The fence proposed for special permits est
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.
H. COMPLIANCE:
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ORDINANCE N0. 5747
Fences whoeh that do not comply with these regulations must be brought
into compliance within six (6) months from the date of notice of a fence violation
from the City.
SECTION II. Section 4-11-060, Definitions F, of Chapter 11, Definitions, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended to add a new definition
of"Fence", to read as follows:
FENCE: An outdoor physical and/or visual barrier, railing, or other upright
structure erected above ground and separating an area of ground. For the
purpose of administering this Title, a wall shall be considered to be a fence
unless the wall resists the lateral displacement of soil or other materials, in
which case it shall qualify as a retaining wall.
SECTION Ill. Section 4-11-180, Definitions R, of Chapter 11, Definitions, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended to add new definitions
of "Retaining Wall", "Retaining Wall Height", "Retaining Wall Height, Exposed" and "Rockery",
in alphabetical order, to read as follows:
RETAINING WALL: A wall designed to resist lateral earth and/or fluid
pressures including any surcharge, in accordance with accepted engineering
practice. For the purposes of this Title, a "rockery" or "rock wall" is a type of
retaining wall. Structural components of stormwater facilities shall not be
interpreted to be a retaining wall.
RETAINING WALL HEIGHT: The vertical distance measured from the bottom
of the footing to the finish grade at the top of the wall (i.e., upper soil grade).
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ORDINANCE N0. 5747
RETAINING WALL HEIGHT, EXPOSED: The 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). This height does not include the depth
of footing below grade.
ROCKERY: One (1) or more courses of rocks stacked against an exposed soil
face to protect the soil face from erosion and sloughing. The bottom course of
rocks bears on the foundation soils and the upper rocks bear partially or entirely
on the rocks below. A rockery is also known as a "rock wall."
SECTION IV. This ordinance shall be effective upon its passage, approval, and five (5)
calendar days after publication.
PASSED BY THE CITY COUNCIL this 12th day of January 2015 .
i.
Jason . Seth, Ci lerk
APPROVED BY THE MAYOR this 12th day of Jan ry 12015 .
Q
Denis Law, Mayor
..tidy.
Approved as to form: ��•� :�
SEAL Y
Lawrence J. Warren, City Attorney
Date of Publication: 1/16/2015 (summary) %;i, ( was ,>°tik'
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