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Home My WebLink AboutORD 60941 CITY OF RENTON, WASHINGTON ORDINANCE NO. 6094 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-4-040.E.2, 4-4-040.F, AND 4-4-040.G OF THE RENTON MUNICIPAL CODE; AMENDING PROCEDURES AND APPLICABILITY FOR VARIATION FROM FENCE OR HEDGE STANDARDS, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the purpose of the proposed code amendment is to revise RMC 4-4-040, Fences, Hedges, and Retaining Walls, to ensure that the Special Administrative Fence Permit is used for proposals of an appropriate scale and all other requests are reviewed through an Administrative Variance; and WHEREAS, with this Ordinance, the City seeks to revise RMC 4-4-040, Fences, Hedges, and Retaining Walls, to introduce an applicability for Special Administrative Fence Permits and to provide clarity on review process; 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 July 1, 2022, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on July 20, 2022, 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: ORDINANCE NO. 6094 2 SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Subsection 4-4-040.E.2 of the Renton Municipal Code is amended as shown below. All other provisions in 4-4-040.E remain in effect and unchanged. 2. Additional Height Limitations in Commercial Zones: a. Front Yard: Fences, hedges, or retaining walls shall not exceed forty eight 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 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 forty-eight inches (48") in height within fifteen feet (15') of a rear yard property line that abuts a public street. ORDINANCE NO. 6094 3 SECTION III. Subsection 4-4-040.F of the Renton Municipal Code is amended as follows: F. VARIATION FROM FENCE OR HEDGE STANDARDS: 1. Unless otherwise determined through the site plan review or subdivision review process, a A property owner wishing proposing to vary the standards for a fence or hedge on a lot with special circumstances may submit a written application to the Department for a special administrative fence permit or a variance administrative review. Requests shall be evaluated as follows: a. A special administrative fence permit application shall be evaluated for any proposal to increase a permitted fence or hedge height allowance from forty-eight inches (48”) up to seventy-two inches (72”) within the setbacks of front yards, secondary front yards, or rear yards abutting a public or private street and/or proposals to modify fence height exception criteria set forth in subsection D2e of this section. 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 ORDINANCE NO. 6094 4 determination based upon criteria listed in subsection G of this Section, Special Administrative Fence Permits. b. A Variance application shall be evaluated for any proposed fence or hedge greater than seventy-two inches (72”) in height anywhere within a residential zone or within fifteen feet (15’) of the property lines of a front yard, secondary front yard, or rear yard abutting a public street in any commercial zone. A Variance is also required for any proposed fence or hedge greater than eight feet (8’) in height within commercial and industrial zones. 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. 2. 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 IV. Subsection 4-4-040.G of the Renton Municipal Code is amended as follows: G. SPECIAL ADMINISTRATIVE FENCE PERMITS: 1. Applicability: Proposals on lots with special circumstances, such as corner lots or lots with multiple street frontages, that seek to modify residential height limitations within setbacks, residential fence height exception for secondary front yard setbacks and rear yard setbacks abutting a street criteria, or additional height limitations in commercial zones may apply for a special ORDINANCE NO. 6094 5 administrative fence permit. Special lot circumstances may include lot orientation, multiple street frontages or other circumstances as determined by the Administrator. 21. Evaluation Criteria: The Administrator may approve the issuance of special fence permits; provided, that the following criteria can be met: a. The proposed fence 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 environment by being out of scale or creating vast blank walls along public roadways; c. The proposed fence or hedge complements the 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; and e. The proposed fence or hedge is necessary due to special lot circumstances. 32. Acceptable Measures to Meet Criteria: 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; ORDINANCE NO. 6094 6 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; h. The fence is at least fifty percent (50%) transparent; and i. Other comparable construction or design methods. 3. 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 V. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION VI. If any section, subsection, sentence, clause, phrase, or word 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.