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Home My WebLink AboutOrdinance No. 0834Ordinance No. 834 AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING CHAPTER 17.76 OF THE MEDINA MUNICIPAL CODE RELATING TO FENCES AND WALLS WHEREAS, pursuant to the Growth Management Act (GMA), chapter 36.70A RCW, the City Council has adopted the City of Medina Comprehensive Plan, as amended by Ordinance 783, passed March 14, 2005; and WHEREAS, the city council adopted zoning regulations by Ordinance 16, on December 5, 1955, and last amended by Ordinance 831, adopted on August 11, 2008; and WHEREAS, the city council adopted in chapter 17.76 of the Medina Municipal Code (MMC) regulating the height, location, appearance, construction, and permit requirements for fences, walls and bulkheads; and WHEREAS, the height and appearance of fences and walls has an effect on the aesthetic characteristics of the community; and WHEREAS, Land Use Policy LU-P1 provides that the city shall minimize changes to existing zoning and land use patterns except as to meet land use goals, such as maintaining Medina's high -quality residential setting and character, when deemed necessary by its citizens; and WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was transmitted to the Washington State Department of Community, Trade and Economic development on September 24, 2008, and expedited review was granted; and WHEREAS, after proper public notice was provided, the planning commission held a public hearing on October 28, 2008, and no public testimony was received; and WHEREAS, the planning commission forwarded a recommendation to the city council; and WHEREAS, the city council provided notice and held a public hearing on November 10, 2008, to receive public testimony for and against the proposed code amendment, and to consider the planning commission's recommendation. WHEREAS, the city council finds that the change to original grade for measuring height had an unintended consequence by causing the actual height of fences and walls to become unpredictable as existing grade and original grade usually are not the same; and WHEREAS, the city council finds that existing provisions in chapter 17.76 MMC are out-of-date and inconsistent with other provisions of the city's building and zoning codes; and WHEREAS, the city council finds that the cost to homeowners to determine original grade for the building of a fence or wall is excessive and results in unnecessary delays due to the need for a soils expert to conduct an analysis of the soils; and WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of Nonsignificance (DNS) for the proposed code amendment was issued on October 10, 2008. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 17.12 of the Medina Municipal Code is hereby amended to add the following definition: "Berm" means a man-made earthen or other type of mound erected to provide a visual interest, visual screening and/or decrease noise Section 2. Amend chapter 17.76 of the Medina Municipal Code to read as follows: Chapter 17.76 FENCES, WALLS AND BULKHEADS Sections: 17.76.010 Fences and walls — ((Heigh )) General. 17.76.020 Fences and walls — ((LeGatieR)) Height. 17.76.030 Fences and walls — Height exception 17.76.040 Limitations. ((17.'.024)) 17.76.050 Fences and walls —Appearance. (( •)) ((17.76.040)) 17.76.060 Bulkheads(( DesigR and G9R6tFUGti9R geneFall)). 17.76.070 (( )) Permits. 17.76.010 Fences and walls — ((Heigh )) General. ((FeRG96, The height ef walls and fenGes aFid a Wnbinatien wall and feRG9 shall be limited ars, f*mt 30 feet exteRdiRq away #em said pFepeFty 'iR8, height shall not eXGeed feuF fee defined On the rempFehensiYe plai;, the height may be sox feet. All etheF feRGer', walls 9 GOMbiRatieR6 theFeef in setba& aFeas shall be limited t9 RG FneFe than sox feet above the fe6#FiGtieR6-.)) A. Fences and walls may be located in a setback area provided they do not exceed the maximum height requirements set forth in MMC 17.76.020. B. Fences and walls shall be located entirely within the property lines of the lot unless both property owners agree the wall or fence may be placed on a common property line. C. The property owner has the responsibility to ensure that all fences and/ or walls are placed within the owner's property boundaries D. All lighting shall be subiect to the appropriate height restrictions E. Where a permit is required pursuant to MMC 17 76 070 the city may require the Property owner to obtain a survey of the property boundaries when: (1) The fence or wall is adjacent to a public right-of-way; or (2) It is not clear the proposed fence or wall is located entirely on the site 17.76.020 Fences and walls — ((Location)) height. (( .)) A. The maximum height of a fence, wall or combination of fence and wall shall not exceed four feet when located: (1) Within a horizontal distance of five feet from a property line that adjoins a public street not designated as a collector or minor arterial street pursuant to chapter 10.08 MMC: or (2) Within a distance of 30 feet extending from the property line set forth in MMC 17.76.020.A(1) and a horizontal distance of five feet from the side property line B. The maximum height of a fence, wall or combination of fence and wall shall not exceed six feet in all other setback areas. C. Height shall be measured from the point of existing or finished grade whichever is lower, at the exterior side of the structure to the highest point of the structure D. A fence and wall shall be considered combined for the purpose of this chapter when the horizontal separation is five feet or less between the nearest points of the fence and wall, except if a property boundary is located between the fence and wall the fence and wall shall not be considered combined. 17.76.030 Fences and walls - heiaht exception. The placement of a guard rail on top of a retaining wall may exceed the maximum height allowances by up to four feet provided that: A. The Building Official determines a guard rail is required pursuant to the building codes adopted in chapter 15.04 MMC: and B. The component solid portions of the guard rail are evenly distributed and constitute no more than 50 percent of the total surface area of the guard rail 17.76.040 Limitations. A. The following shall be prohibited: (1) The use of barbed wire with a fence or wall: (2) Electric fences: and (3) Chain -link fences located within five feet of a property line that adjoins a public street designated as a collector or minor arterial street pursuant to chapter 10.08 MMC. B. No person may construct a berm upon which to build a fence wall or combination of a fence and wall, unless the total height of the berm plus the fence or wall does not exceed the maximum height allowable for the fence or wall if the berm was not resent. ((17 )) 17.76.050 Fences and walls — Appearance. ((A. WheReveF a feRGe 9F wall or-, GGnstFuGted so that beth sides aFe R9t ideRtiGal iR desigR, detail, appeaFaRGe OF fiRi6h, the MGF9 GOMpletely detailed OF fiRished side shall The more completely detailed or finished side of a fence or wall shall face outward from the property on which the fence or wall is located except joint projects may have the more finished side oriented as agreed to between the two property owners ((17.76.040)) 17.76.060 Bulkheads (( )). The design and construction of a bulkhead shall be in compliance with the requirements of the building code and the city's shoreline management master program. 17.76.070 (( )) Permits. tirsr_Ta ...NO A building permit is required to be obtained from the city prior to construction or repair of a fence, wall or bulkhead, unless exempt pursuant to MMC 15.04.030. Section, 3. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this ordinance. Section 4. Effective Date. This ordinance shall take effect five (5) days after its publication or the publication of a summary of its intent and contents. PASSED BY THE CITY COUNCIL ON THIS _10 DAY OF NOVEMBER 2008 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE 10 DAY OF NOVEMBER, 2008. Approved as to form: Wayne Tanaka, City Attorne� y Passed: 11 /10/2008 Published: 11 /14/2008 Eff Date: t ( Zri0 WMark&N—elAon,ayor Att achel Baker, City Clerk SUMMARY OF ORDINANCE NO. 834 of the City of Medina, Washington On November 10, 2008, the City Council of the City of Medina, Washington, approved Ordinance No. 834, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING CHAPTER 17.76 OF THE MEDINA MUNICIPAL CODE RELATING TO FENCES AND WALLS The full text of this ordinance will be mailed upon request. APPROVED by the City Council at their meeting of November 10, 2008. R chel Baker, City Clerk