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ORDINANCE NO. 3042
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 17.68,
FENCES, WALLS, ARBORS AND HEDGES
WHEREAS, on April 5, 2010 City Council tasked the Planning Commission to
review the adopted standards of Port Townsend Municipal Code Chapter 17.68, "Fences,
Walls, Arbors and Hedges", and provide a recommendation on potential revisions;
WHEREAS, the Planning Commission discussed the efficacy of Chapter 17.68
during regular Planning Commission meetings on April 22 and June 10, 2010, and held
Public Hearings on July 22 and August 5, 2010; and
WHEREAS, consistent with the Growth Management Act, staff provided notice of
intent to adopt the proposed amendments to the State of Washington Department of
Community Trade and Economic Development (CTED) for review and comment prior to the
adoption of this ordinance (RCW 36.70A.106). CTED responded August 23, 2010,
informing the City that expedited review was granted. No substantive comments were
received from CTED prior to the adoption of this ordinance; and
WHEREAS, on September 14, 2010, after receiving comments from the Department
of Ecology, the SEPA Responsible Official issued a Determination ofNon-Significance on the
Proposed Amendments to the Sign Code; and
WHEREAS, on September 20, 2010 the City Council held a Public Hearing to
review Planning Commission recommendations integrated into the September 14, 2010 draft
revision of PTMC Chapter 17.68;
WHEREAS, at the conclusion of the Hearing, the City Council moved to approve the
first reading of Ordinance 3042 amending PTMC Chapter 17.68, Fences, Walls, Arbors and
Hedges"; and
WHEREAS, the City Council continued the public hearing on October 18, 2010 and
approved the second reading of Ordinance 3042;
NOW, THEREFORE, the City Council of the City of Port Townsend approves
adoption of Ordinance 3024 amending PTMC Chapter 17.68 and ordains as follows:
SECTION 1. Chapter 17.68 of the Port Townsend Municipal Code, "Fences,
Walls, Arbors and Hedges" is amended to read as follows (text in strikeout is deleted, text
in underline is added):
Page 2 of 2
See Attached Exhibit A (incorporated by reference)
SECTION 2. Severability. If any provision of this ordinance or its application to
any person or circumstance is held invalid, the remainder of the ordinance, or the
application of the provision to other persons or circumstances, is not affected.
This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 18~' day of October 2010.
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Attest:
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Pamela Kolacy, MMC, City erk
Michelle Sandoval, Mayor
Approved as to Form:
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John P. Watts, City Attorney
Attachment 2 - Exhibit A Revised Amendments to Ordinance 3042
Page 1 of 6
.....Chapter 17.68
', FENCES, WALLS, ARBORS AND HEDGES
Sections:
17.6$.010 Purpose.
17.68.020 Applicability.
!,17.68.030 General requirements.
i 17.68.040 Prohibitions -Walls with sharp elements.
17.68.050 ~°^^° ~~~~"° ~rhvrv nr,rl horJ..oc +h,+ nroo+o "Potential safety hazards.
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17.68.010 Purpose...
The purpose of this chapter is to provide regulations for fences, walls, arbors, hedges
and other partially or totally sight-obscuring installations or features, to ensure the
streetscape is enhanced from such installations. to assure that desirable objectives of
providing privacy, security, and screening of properties can be met while limiting unsafe
vision obstructions of motorists', cyclists', and pedestrians' vis+e+} and improving the
visual aualities and appeal of the community consistent with the Comprehensive Plan.
(Ord. 2571 § 2, 1997).
',17.68.020 Applicability.
These regulations shall apply to fences, walls, arbors, hedges and other partially or
totally sight-obscuring installations or features within residential zoning districts. Please
refer to the following definitions in Cha ter 17 08 PTMC: "arbor": "clear vision area":
"fence": "natural grade": "hedae": lot line": "setback (vard reauirements)": and "wall".
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(Ord. 2571 § 2, 1997).
';17.68.030 General requirements.
Fences, walls arbors hedges and other partially or totally sight-obscuring
'installations or features may be permitted within anv reauired front side or rear setback
area specified in Table 17.16.030. or along the edge of anv vard provided that they
'meet the reauirements below. Buildingpermits may be required for fences over six feet
in height or as adopted through the International Building Code.
A. Not permitted in open or unopened public street rights-of-wav. No fence, wall,
':arbor, hedge or other partially or totally sight-obscuring installation or feature shall be
allowed within any public right-of-way, ~ ~^'°° +roo+ „ o nnroomor,+ h~o boor,
4;. Exceptions:
1. Aright-of-wav has been vacated by law.
2. Unless erected by a public entity for the purpose of security and/or public
safety.
B. Clear Vision Area. No fence. wall, arbor. hedae or other partially or totally sight-
obscurina installation or feature over 30" in height which poses a traffic safety hazard
'shall be located within a clear vision area, defined as a 20 feet by 20 feet sight triangle
'measured from the sidewalk. edge of pavement or rolling surface; see illustration below.
Suggested Revisions to Chapter 17.68. ^°'~ +~~t; ~ Proposed City Council Revision
Identified During the Hearing on September 20~ 2010.
Attachment 2 - Exhibit A Revised Amendments to Ordinance 3042
Page 2 of 6
Corner -Clear
Public Street Right-of-Way 20 ft., Vision Area
r--~
Lot Line
Setback Area within Lot Lines 120 ft.
,
Rear Area outside of Setback Area Front
Yard ; ;Yard Public
Street
Right-
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Of-
-------------------------------------~ Way
Side Yard Next to Neighbor
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f121g-ht-Maximum Heights. The following maximum heights do not apply to hedges or
arbors but apply to fences. walls. and other site obscuring installations or features:
1 When within a setback abutting a open or unopened public street right-of-
- - - - --
wav. the maximum height of eight feet is subject to the following (see illustrations
below
a The maximum height that is up to 100% solid shall be four feet.
b. Anv portion between four and six feet in height shall be no less than 50%
'open when viewed perpendicular to the property line. (Note: Standard lattice is only
25% open)
c. Anv portion between six and eight feet in height shall be no less than 90%
n: posts. rails and other framing members are allowed as needed to secure
'materials such as wire, fine mesh, string or monofilament. but no barbed wire is
allowed:
2.-~ ~e ,
°vc7cn°~°w fr„,r foo+ in hoir+h~
e#-v~a~; When within any rear or side setback not abutting an open or unopened
'public street right-of-way. the maximum height shall be eight feet:
3. When ou side of the re uired setback area i.e. toward the center of a lot the
'maximum height shall be eight feet:
4. The burden shall rest upon the property owner to demonstrate to the
(satisfaction of the director the lot line locations.
Suggested Revisions to Chapter 17.68. n°'°+z-,~,~. Tit; N T ~ Proposed City Council Revision
Identified During the Hearing on September 20, 2010.
Attachment 2 - Exhibit A Revised Amendments to Ordinance 3042
Page 3 of 6
Allowed percentage of open construction per height of fence
or wall
No less than
90% open
$T ~ No less than 50% open
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Up to 100% Solid
Measurement of percentage of open construction (plan view}:
90 degrees
Direction of measurement
Suggested Revisions to Chapter 17.68. ^°'^°'°+~`~m; N w T x ~ Proposed City Council Revision
Identified During~he Hearing on September 20, 2010.
Attachment 2 - Exhibit A Revised Amendments to Ordinance 3042
Page4of6
D.4-Arbors Arbors are defined in PTMC 17.08.020 as anv detached latticework or
''archway. Except as noted below, Aan arbor may not be attached to a fence or wall
within the reauired setback area. No portion of an arbor
area shall exceed 10 feet in height. In addition. the side of anv arbor that abuts the
right-of-wav or is within the setback abutting the right-of-wav shall comply with the fence
'reauirements for allowed percentage of open construction and height. Exception: one
rbor aer property side. used as an entrance or gate. is allowed as a portion of
'the fence.
E.5-: Hedges. None of the height limits established in this sestiaR chapter shall apply
to hedges, including any closely planted trees or vegetation. However. hedges located
in the clear vision area are subject to reauired maintenance including trimming and/or
removal. Hedges shall be sufficiently set back at time of planting so that mature
'vegetation remains within private property and does not encroach into the public
r right-of-wav.
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~ Tie n~i II h h+ of nll r»r+c of +ho c+r~ ~n+~ ern rlnoc nn+ evnoor+ oinhf foo+ i '.
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F.S-: Maximum heights specified by this chapter shall be measured from the elevation
of the natural grade g~et~ad within two feet of the installation on the lower side.
_~~ A_II fences and
walls shall comply with the requirements of the International Building Code, as adopted
under Chapter 16.04 PTMC. H wever. it shall be ua to the discretion of the buildin_a
fficial whether a proposed 90% oxen wire fence up to 8 feet tall constructed to
.:the standards issued by the Develoament Services Department reauires a ''
'building aermit or is exempt from a building aermit. Exemptions for fences and
'walls that do not reauire a building permit shall not be construed as relieving the owner
'of responsibility for maintenance and for compliance with the provisions of this chapter
'or anv other law or ordinance regulating the same. (Ord. 2867 § 2, 2004; Ord. 2571 § 2,
1997).
17.68.040 Prohibitions - `"~~"c •~~~*~ °~°r^ °'°~°^*c.
The following is prohibited within the city:
1. Ala-Any fence, wall, or other partially or totally sight obscuring installations or
'features that sbafl-have attached to it any barb, spike, broken glass or other pointed or
'sharp instrument. This prohibition shall not be construed to limit the placement of
'barbed wire fences less than six feet in height. (Ord. 2571 § 2, 1997).
2. Anv fence or wall in the rights-of-wav: see exemptions in 17.68.030.A above.
~~! 17.68.050 Potential safety hazards.
No fence, wall, arbor, hedge or
other partially or totally sight-obscuring installation or feature over three feet in height
Suggested Revisions to Chapter 17.68. Beleted-~e~c~; N ~ Prorzosed City Council Revision
Identified During the Hearing on September 202010.
Attachment 2 - Exhibit A Revised Amendments to Ordinance 3042
Page 5 of 6
shall be placed within five feet of any 'structure where such
installation runs parallel with an outside wall e# 'and substantially
interferes with access to such 'structure for fire and public safety purposes;
~ ~~ , ^~ omoriver~nv ov;+~. (Ord. 2571 § 2, 1997).
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Table 17.16.030 Residential Zoning Districts -Bulk, Dimensional and Density
Requirements
R-I Zone R-II Zone R-III Zone R-IV Zone
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=4 +d
~=4'
=
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r=4'
= f=r~=4'
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re~
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8'; Any s+de--I lip ; s
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8'; Any'~lot line r~n
;
8'; Any I lip ;
8'; Any s+de-I lip
abutting a public abutting a public abutting a public abutting a public
MAXIMUM r-o-w = 4'; rear ~n [[ r-o-w = 4'; rear ~n [[ r-o-w = 4 ;rear ~[ r-o-w = 4'; rear ~n [[
lot line not abutting lot line not abutting lot line not abutting lot line not abutting
FENCE a public r-o-w = 8'; a Dublic r-o-w = 8'; a public r-o-w = 8'; a cublic r-o-w = 8 ;
HEIGHT* rear abutting a rear abutting a rear abutting a rear abutting a
public street r-o-w public street r-o-w public street r-o-w public street r-o-w
=4';~n t~ =4';e =4';~ =4';e
below. ~I_~w k~IQw. l~I~w
~'~ In order to achieve the minimum density, subdivision of parcels 12,000 square feet or greater shall not allow
individual lots larger than 4,000 square feet unless said lots are reserved for multifamily dwellings.
*Note: Maximum fet~se-heights for up to 100% solid fences apply within any required front, side, or rear setback.:
', area or along the edge lot line except within the clear vision area ; refer to Chapter 17.68
PTMC, Fences, Walls, Arbors and Hedges for specific requirements. Standards apply to open and
..unopened right of way (r-o-w).
Staff Notes Not to Be Included in the above Ordinance:
Regardin>? removal of the reference in 17.68.030.A and footnote 4 to Chanter 12.10:
Ordinance 2578, adopted April 21, 1997, repealed Chapter 12.10 and combined it into Chapter
12.04. Ordinance 3017, adopted August 3, 2009, put back in the Code Chapter 12.10, "Street
Use Permits -Commercial, Mixed Use, Marine Related and Manufacturing Districts. "
However, per 12.10.010 it "does not pertain to or allow for uses or encroachments of rights-of-
way in residential districts. " A future Ordinance may address residential fences within the
public rights-of--way.
Suggested Revisions to Chapter 17.68. ^°'°+~~~t; ~ Proaosed City Council ReyssiQn
Identified During the Hearing on September 20, 2010.
Attachment 2 - Exhibit A Revised Amendments to Ordinance 3042
Page 6 of 6
Regarding removal of the reference in 17.68.050 to Section 17.36.030:
Chapter 17.36 was the original section for Fences and Greenbelts. It was repealed by
Ordinance 2550 adopted November 18, 1996.
Ordinance 3035 adopted June 21, 2010 included two revisions to fences and walls:
1. The Maximum Building Height in Table 17.16.030 to include "rear abutting a public
r-o-w = 4"'; and
2. Section 17.68.030. C.2 to read, "Any portion of the structure above four feet shall be
predominantly open (i. e. greater than SO% oven when viewed vervendicular to the
rout vroverty line) suc that there is free circulation of air and passage of light"
Suggested Revisions to Chapter 17.68. ~°'~ +~,~T~t; New Text: Proposed City Council Revision
Identified During the Hearing on Se~ember 20, 010.
Attachment Dated November 3, 2010
Amending Ordinance 3042
Page 1 of 1
Attachment (November 3, 2010)
(Amendments to Ordinance 3042 Approved by City Council on November 8, 2010)
',17.68.030 General requirements.
Fences, walls, arbors, hedges and other partially or totally sight-obscuring
''installations or features may be permitted within any required front, side, or rear
'setback area specified in Table 17.16.030, or along the edge of any yard
'provided that they meet the requirements below. Building permits may be
!required for fences over six feet in height or as adopted through the
International Residential Code.
G. All fences and walls shall comply with the requirements of the ~tenaat+eea~
International Residential Code, as adopted under Chapter 16.04
PTMC.