The URL can be used to link to this page

Home My WebLink About4906 Om, ANCE NO. 4-¢0 AN ORDINANCE of the City Council of the City of Bremen:ton, Washington, amending Section 21.02.230 and Section 17.04.040 of the Bremerton Municipal Code relating to fence height regulations; and amending Rate Table C of Chapter 3.01 of the Bremerton Municipal Code to provide for permit fees for fences. WHEREAS, the City Council desires to amend the current provisions of Section 21.02.230 of the Bremerton Municipal Code to establish criteria for the granting of a Special Use Permit for side and rear yard fences over six (6) feet in height and to make other related amendments; and WHEREAS, the City Council also desires to amend the provisions of Section 17.04.040 of the Bremerton Municipal Code relating to building permits under the International Building Code to require building permits for certain fences; and WHEREAS, the City Council desires to establish fees for fence building permits; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. Section 21.02.230 of the Bremerton Municipal Code entitled "Fences and Walls" is hereby amended to read as follows: 21.02.230 FENCES AND WALLS. (a) Fences and walls shall observe the following height and setback requirements: (1) Residential Zones. i. Maximum height shall be six (6) feet. ii. Maximum height within thee front yard setback area shall be three (3) feet; except an open mesh cyclone type fence may not exceed a height of 4248 inches. iii. On comer lots with a specified front yard setback on each street frontage~ the Director can determine that the street fi'ontage of the residence's principal orientation is a "primary frontage" and may permit a six (6) foot maximum height fence in the yard on the other (secondary.) frontage only if all of the following conditions are met: a. The higher fence will not block any existing front yard views from an adjoining residence with its principal orientation to that same street; b. The higher fence will not be closer to the residence's front property line on the street of principal orientation than the closest part of the front facade of the residence;_ c. The higher fence will not encroach into the front yard of the primary frontage where the maximum height limit in (a)(1)(ii) takes precedence. (2) Commercial Zones. i. Maximum height shall be eight (8) feet. 1 Fence Height Regulations ii. Maximum height shall be six (6) feet when adjacent to a public right- of-way, or to a residential zone. (3) Industrial Zone. i. Maximum height shall be ten (10) feet. ii. Maximum height shall be six (6) feet when adjacent to a public right- of-way, or to a residential zone. (b) A Type II Special Use Permit may be rcquc~tcfl granted for ~2g.h~ fences or walls up .... a ~n a s~de or rear yard .......... ~ ................ for e,,~}, ....... only flail of the following criteria are met: (1) The fence or will is necessary to provide privacy and security between a residential and a non-residential use; and (2) The design of the fence will present a "finished" appearance on its outside face. (c) Fences and walls shall not block or hinder the sight distance of traffic. Exact location and design of a fence or will is subject to the approval of the City Engineer when visibility or public safety is an issue. (d) No electric or electrified fences above ground shall be permitted within the City of Bremerton. (e) Barbed wire or similar wire protective devices are permitted only in industrial zones above a height of six (6) feet provided that adjoining a residential zone, devices may be allowed by ......... ~ .... a Type II Special Use Permit only ~f ........... a .... o ~v .................. h~e following criteria are met:: (1) The applicant demonstrates that the protective device cannot be installed outside of the specified setback without significantly diminishing the utility of the industrial property,; (2) The protective device will be designed to minimize adverse aesthetic impact to the residential use by installing the device behind the top of a fence or wall or screening the device with landscape; and (3) The applicant demonstrates that the protective device is necessary to provide additional security along the residential property line to protect the industrial premises. (0 Notwithstanding the provisions of (a)(1)ii. abov% architectural appurtenances such as trellises or entry gates that define a walkrway or driveway enhw. are allowed in a fi'ont yard up to ninety (90) inches high~ provided that (1) No individual structural support for such features shall be more than twelve (12) inches square in section for any part of the structural support over three (3) feet above grade,* (2) Any gate shall not obscure more than 20% of visibility to the yard as viewed perpendicular to the gate's installafion~ and (3) Any entry, feature greater than three (3) feet in height shall not be more than 6 (six) feet wide for a walkway entry or more than sixteen (! 6) feet wide for a driveway entry. SECTION2. Section 17.04.040 of the Bremerton Municipal Code entitled "Amendments to the International Building Code - Administration" is hereby amended as to read as follows: 2 Fence Height Regulations 17.04.040 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - ADMINISTRATION. The following local amendments to the International Building Code previously adopted in BMC 17.04.030 are hereby adopted and incorporated into the International Building Code: (a) General - Building code appendices adopted. Section 101 of the International Building Code, entitled "General," is amended by adding the following new subsection 101.5: Sec. 101.5 Building code appendices adopted. Appendices C, H, I, and J to the International Building Code are hereby adopted; however, the public works director shall have the authority to enforce and interpret Appendix J and, accordingly, all references to the "building official" in Appendix J shall be substituted with the words "public works director." (b) Duties and powers of building official - Lot lines and setback lines. Section 104 of the International Building Code, entitled "Duties and Powers of Building Official," is amended by adding the following new subsection 104.12: Sec. 104.12 Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied. (c) Work exempt from permit. Section 105.2~ of the International Building Code~ entitled "Work exempt from permit," is amended by amending Building exemption number 2 as follows: 2. Fences not over 26 feet (! $29mm) high. (ed~ Board of Appeals. Section 112 of the International Building Code, entitled "Board of Appeals," is amended by substituting Section 112 with the following: Sec. 112 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be - made as set forth in section 17.04.140 of the Bremerton Municipal Code. SECTION3. Rate Table C, Exhibit 1 of Chapter 3.01 of the Bremerton Municipal Code entitled "Table 1-A Building Permit Fees" is hereby amended to read as set forth in Exhibit A, attached hereto and incorporated herein. SECTION& Severabili.~. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 3 Fence Height Regulations SECTIONS. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the~_ day of C~a~..~ ,2004 a a PASSED by the City Council the~u~.)~ day of~_~ _, 2004 DAREN NYGREN Counc~Pr[sident Approved this ~ day of ~ ,2004 or A~~: ~ /3 ..,, APPROVED AS TO FORM: PUBLISHED the_s~,~.z- day of ~ ~ ,2004 EFFECTIVE the ~day of ~3a.~a_~, ,2004 ORDINANCE NO. ~'.$..?O& t ~ - R:\LEGAL\Ordinances\Community Development\Fence Height Regulations (with permit language)2.doc 4 Fence Height Regulations E~HIBIT A AFFIDAVIT OF PUBLICATION No. Ad# 100116917 STATE OF WASHINGTON COUNTY OF KITSAP I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; August 5, 2004 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $34.72 which amount has not been paid in full. - /7- E~c: ~ '4 ~,3'3g :.Z~ (Signatureofmrincip~Clerk) Subscribed ai~s~orn it~/[~e¥6re,] ~tb'ts day of August 20, 2004. Notary Public in and for the State of Washington, Kitsap Cot~nty. {] # ~ ~' ORDINANCE 4906' AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 21.02.230 and Section 17.04.040 of the Bremerton Municipal Code relating to fence height regulations; and amending Rate Table C of Chapter 3.01 of the Bremerton Municipal Code to provide for permit fees for fences.- APPROVED by the City Council the 21st day of July, 2004.- PASSED by the City Council the 28th day of July, 2004.- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- August 5, 2004o-#100116917-