HomeMy WebLinkAbout2550 Fences, Walls, Arbors & HedgesOrdinance No. 2550
AN ORDINANCE RELATING TO FENCES, WALLS, ARBORS, HEDGES AND
OTHER PARTIALLY OR TOTALLY SIGHT OBSCURING INSTALLATIONS;
REPEALING AND REPLACING THE FENCES AND GREENBELT
REQUIREMENTS CONTAINED IN CHAPTER 17.36 OF THE PORT TOWNSEND
MUNICIPAL CODE; ESTABLISHING NEW REQUIREMENTS FOR THE HEIGHT
OF FENCES, WALLS, ARBORS AND OTHER PARTIALLY OR TOTALLY SIGHT
OBSCURING INSTALLATIONS; ELIMINATING HEIGHT RESTRICTIONS FOR
HEDGES; AND ESTABLISHING INTERSECTION "CLEAR VISION AREAS" TO
PROMOTE TRAFFIC AND PEDESTRIAN SAFETY.
The City Council of the City of Port Townsend finds as follows:
As recently expressed through the Port Townsend 2020: Getting Together project and
documented in the Community Direction Statement (Chapter III of the City's
Comprehensive Plan adopted pursuant to Ordinance No. 2539), Port Townsend citizens
support streamlining and simplification of City regulations, provided that public health
safety and welfare are not adversely affected.
Since their adoption in 1971, the City's fences and greenbelts requirements have been
only irregularly administered and enforced, leading to a proliferation of nonconforming
fences, walls, arbors and hedges throughout the community. This situation has
undermined citizen confidence in the equity and justice of the regulation.
Because of the proliferation of nonconforming fences, walls, arbors and hedges, active
administration of the City's existing fence and greenbelt regulations would result in a
myriad of enforcement actions that would not perceptibly advance the public's health,
safety and welfare, and which, therefore, are not an appropriate use of City revenues
or staff resources.
Reducing, and clarifying the requirements for fences, walls, arbors, and hedges will
allow individual landowners greater discretion in determining the appropriate design
and location of such installations, and enable such landowners to achieve the desirable
objectives of providing for their privacy and security, and the screening of their
property.
Reducing and clarifying the requirements for fences, walls, arbors and hedges will also
ensure that the regulations are clearly linked to the legitimate public purpose of
ensuring the safety of motorists, cyclists, and pedestrians.
Eliminating height restrictions for hedges will contribute to the natural and visual
environment of town, providing a critical element of nature m the midst of urban
development. At the same time, eliminating height restrictions for hedges will
significantly reduce the City's administrative burden (e.g., fewer variances and
enforcement actions).
This ordinance bears a substantial relationship to the public health, safety and welfare
of the citizens of Port Townsend as a whole.
Now, Therefore, the City Council of the City of Port Townsend m regular session assembled
does hereby ordain as follows:
Section 1.
Those portions of the table within Section 17.20.010 of the Port Townsend
Municipal Code establishing fence limits are hereby amended as follows:
ZONE FENCE LIMITS NOTES
6~eet)
P-1 Fr--.~t 2 ~-~e~ P~B req~ed ~ acc~ce w~ ~t~ 17.30 ~MC.
No ~e~c req~m~
~ re~ - pr~e~
of ~e ~e
Po~cy A~ (~t~ 43.21C
RCW~ & ~t~ 197-11 WAC~.
R-I(A) F~t ~ (ab~ a v~c r-o-wi 4 P~g - s~e ~ above.
Side 6 ~ F~ces~ w~ hedges. ~b~ ~d o~ p~y or t~y si~t
Side ab~g a pubic r-o-w 4 obs~fl ~s m~ c~lv ~ ~t~ 17.36 ~C.
Re~ 6 ~
R-H Fr~ 2 P~g - s~e ~ above.
S~e ~ F~ces - s~e ~ above.
Rz~ ~ ~m n~b~ of ~ p~ 1~ ~ be re~ed to fo~
S~e ~ above.
R-~ Fr~ 2 P~B - s~e ~ above.
~Mz ~ F~ces - s~e ~ ~ove.
R:~ ~ ~ s~ice ~ves ~d p~g ~e~ ~ be h~d-~aced.
S~e ~ above.
C-1 xt~: ..... P~g - ~e ~ above.
No ~e~c req~m~
~ re~ms - proje~
~med ~d~ ~e a~
of ~e ~e
Po~ A~ (~t~ ~3.21C
RCW: & ~ 197-11 WAC~.
C-~ ~t~: ..... P~g - s~e ~ above.
S~e ~ above.
C-~ xs~: ..... P~g - me ~ above.
S~e ~ above.
M-I ~: ..... P~ce ~ ~ ~ply. ~-~e~ p~g ~d loa~g
S!dz g ~e~ req~ed ~ acetate w~ ~t~ 17.30 ~MC.
S~e ~ ~ove.
M-H xt~: .... S~e ~ above.
S~e ~ above.
Section 2.
Chapter 17.08 of the Port Townsend Municipal Code is hereby amended to
include the following sections:
17.08,033 Arbor.
"Arbor" means any detached latticework or archway often used to surmort vines or
climbm~ shrubs.
17.08,088 Clear Vision Area.
"Clear vision area" means the area between a heir. bt of three feet (3q and ten feet (10'~
above the centerline c, rades of intersectin~ streets m the area bounded bv the ed~,e of
the constructed street surface of an ooened oublic riv, ht-of-wav rouv. hly oarallelin~ the
vrovertv lines of comer lots and a line iomm~ ooints alon~ said constructed road
surface twenty feet (20') from their point of intersection (see the "clear vision area"
graohic, belowS.
RESERVED - CLEAR VISION AREA GRAPHIC
Clear Vision Area
"Fence" means any artificially constructed barrier of any material or combination of
materials erected to enclose, screen, or senarate areas. This definition does not include
arbors, trellises, and other framework installations which are either free-standing or
inte~,ral to a fence or wall. or hedc, es. (See also. Arbor under Section 17.08.033
PTMC'. and "Hedge" under Section 17.08.211 PTMC~.
17.08.211 Hedee.
"Hed~,e" means any self-sunoortin~, barrier of livinc, vegetation that encloses, screens,
or ~enarates areas.
17,08,518 Wall,
See Section 17.08.181 PTMC. "Fence."
Section 3.
Chapter 17.36 of the Port Townsend Municipal Code is hereby repealed in its
entirety:
Section 4.
A new Chapter 17.36 is hereby added to the Port Townsend Municipal Code
which reads as follows:
Chaoter 17.36
FENCES, WALLS. ARBORS. AND HEDGES
Sections:
17,36.010
17,36,020
17,36,030
17.36,040
17.36.050
PBl'pose.
Applicabilitv.
Fences. walls, arbors, and hedges - Reauirements.
Prohibitions - Walls with sharo elements.
Fences, walls, arbors, and hedges that create potential safetv hazards.
17.36,010 Purnose.
The purpose of this chanter is to t~rovide re~,ulations for fences, walls, arbors, hedges
and other partially or totally sight obseurmc, installations, to assure that desirable
objectives of providing, privacy, security, and sereenm¢, of prot~erties can be met while
limiting unsiffe obstructions of motorists', cyclists', and pedestrians' vision.
17,36.020 Applicability.
These reeulati0ns shall a~lv to fences, walls, arbors, hedges and other ~artiallv or
totally sight obscuring, installations within residential zonin~ districts.
17.36.030
A__~.
Fences, walls, arbors, and hedees - General reauirements.~
NO fence, wall. arbor, hedge or other partially or totally sight obscurim,
mstallotion shall be allowed within any ~ublic riv. ht-of-wav, unless a street use
agreement h~ been anproved pursuant to Chanter 12.10 PTMC.2
Fences. walls, arbors, hedges and other t~artiallv or totally sight obsctmn_~
installations may be permitted within any reauired front, side. or rear setback
area or alone, the edge of any yard. urovided that:
1. No fence, wall. arbor, hedge or other ~artiallv or totally sight obscurm~
installation which t>oses a traffic safety hazard shall be located within a
clear vision area:
2. Except as provided in subsections (B~(3~ and (B~(4) below, no fence or
wall. or other uartiallv or totally sidat obscurm~ installation shall exceed
eiv. ht feet (Sq in heir. bt:
Please refer to the following defmiti0ns: "Arbors" - Section 17.08.033 PTMC; "Clear vision area" = Section 17.08.088 PTMC;
"Fence" - Section 17.08.181 PTMC; "Hedge" - Section 17.08.211 PTMC; end "Wall" - Section 17.08.518 PTMC.
The burde~ shall rest tmon the nrooeatv owner to demonstrate to the satisfaction of the Director that such feace, wall, arbor, hedge
or other l~altiallv or totally sight obsctcrin~ installation does not encroach upon a public fig]at-of-way.
3_,. No fence, wall, or other partially or totally sight obscurm,, installation
shall exceed four feet (4') in height within any reauired setback area
~tbuttin~ a oublie street ri~ht-of-wav:
4. No arbor located outside of a clear vision area shall exceed ten feet
5. None of the height limits established in this section shall ant)Iv to
hedges, ineludin,, any closely olanted trees or vegetation.
Variation from the reauirements outlined in subsection (B](3k above, may be
allowed orovided that:
1. The overall height of all parts of the structure does not exceed eight feet
(8') in height: and
2_. Any portion of the structure above four feet (4'] shall be oredominatelv
ooen. such that there is free circulation of air and oassa~e of light.
Maximum heights soecified bv this chanter shall be measured from the
elevation of the ground within two feet of the installation on the lower side.
Notwithstanding any of the orovisions contained in this section, all fences and
walls shall c0mpl¥ with the requirements of the Uniform Buildino Code
(UBC]. as adooted under Chanter 16.04 PTMC.
17,36,040 Prohibitions - Walls with sharn elements.
NO wall shall have attached to it any barb. soike, broken ~lass or other oointed or
sharp instrument. This orohibition shall not be construed to limit the olacement of
barbed wire fences.
17,36,050 Fences, walls, arbors and hedges that create notential safety hazards.
Notwithstanding the orovisions of Section 17.36.030 PTMC. no fence, wall. arbor,
hedge or other t)artiallv or totally sight obseurin~ installation over three feet (3') in
height shall be placed within five feet (5'] of any dwellin~ or dwellin~t unit where such
installation nms oarallel with an outside wall of a dwellina unit and substantially
interferes with access to such dwelling, unit for fire and oublic safety purposes, or
subatantiallv imoairs the ability of an oceuoant of a dwellin~ unit to use window~,
doors, etc.. as emergency exits.
Section 5. Severability. In the event any one or more of the provisions of this ordinance
shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any
other provision of this ordinance, but this ordinance shall be construed and enforced as if such
invalid provision had not been contained therein; provided, that any provision which shall for
any reason be held by reason of its extent to be invalid shall be deeded to be in effect to the
extent permitted by law.
SeCtion 6. Effective Date. This ordinance shall become effective five (5) days following
publication of the attached summary, which is hereby approved.
Read for the first, second and third times and passed by the City Council of the City of Port
Townsend, Washington, at a regular meeting thereof, held this eighteenth day of November,
1996.
By ~~ "~-~/J)(~C/~~'~;:X_ ///~ulie McCulloch, Mayor
Approved as to form: Il l]]g,.l/L~ [./I../ ~
V/tV'Ti~nol> ~ldl(/Iahan, City Attorney
First reading: November 18, 199/% Passage: November 18, 1996
Second reading: November 18, 1996 Publication: November 27, 1996
Third reading: November 18, 1996 Effective: December 2, 1996