Ordinance 20-003 Fencing RegulationsCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 20-003
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING THE SPOKANE VALLEY MUNICIPAL CODE 22.70.020
RELATED TO FENCING REGULATIONS IN THE RESIDENTIAL ZONING DISTRICTS.
WHEREAS, the City of Spokane Valley (City) previously adopted Title 22 of the Spokane Valley
Municipal Code (SVMC) relating to zoning and land use regulations, and has made subsequent amendments
from time -to -time as appropriate; and
WHEREAS, such regulations are authorized by chapter 36.70A RCW; and
WHEREAS, City staff have proposed an amendment to the SVMC to amend SVMC 22.70.020 for the
purpose of clarifying the method with which the height of a fence is measured; and
WHEREAS, on November 10, 2019, the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106, providing a notice of intent to adopt amendments to Spokane Valley development
regulations; and
WHEREAS, on November 22 and November 29, 2019, notice of the Planning Commission public
hearing was published in the Valley News Herald; and
WHEREAS, on November 14, 2019, the Planning Commission held a study session; and
WHEREAS, on December 12, 2019, the Planning Commission held a public hearing, received evidence,
information, public testimony, and a staff report with a recommendation, followed by deliberations; and
WHEREAS, on January 19 2020, the Planning Commission approved the findings and recommended
that City Council adopt the amendments; and
WHEREAS, on March 17, 2020, City Council reviewed the proposed amendments, Planning
Commission findings, and Planning Commission recommendation; and
WHEREAS, on March 24, 2020 City Council considered a first ordinance reading to adopt the proposed
amendment; and
WHEREAS, the amendment set forth below is consistent with the goals and policies of the City's
Comprehensive Plan; and
WHEREAS, SVMC 22.70.020 as amended, bears a substantial relation to the public health, safety,
welfare and protection of the environment.
NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend 22.70.020 SVMC, allowing the
height of a fence to be measured from the base of the fence.
Section 2. Findings and Conclusions. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments
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and recommends approval of the amendments. The City Council has read and considered the Planning
Commission's findings. The City Council hereby makes the following findings:
A. Growth Management Act Policies - Washington State Growth Management Act (GMA)
provides that each city shall adopt a comprehensive land use plan and development regulations
that are consistent with and implement the comprehensive plan.
B. City of Spokane Valley Goals and Policies - The City of Spokane Valley has adopted goals and
policies consistent with the GMA and adopted County -Wide Planning Policies, set forth below.
LU-G2 Provide for land uses that are essential to Spokane Valley residents, employees, and
visitors.
LU-P1 Enable neighborhood -scale commercial uses in residential areas.
LU-P5 Ensure compatibility between adjacent residential and commercial or industrial uses.
C. Conclusions
1. The proposed amendment bears substantial relation to public health, safety,
welfare and protection of the environment. Allowing fence heights to be measured
in a way which is easily understood and consistent with other jurisdictions in the
region addresses concerns of residential developers and individual homeowners
while also allowing for the use of standard fence construction materials and
methods.
2. The proposed City -initiated Code text amendment is consistent with the City's
adopted Comprehensive Plan and the approval criteria pursuant to SVMC
17.80.150(F).
Section 3. Adoption. SVMC 22.70.020 is hereby amended as follows:
22.70.020 Fencing.
A. In residential zoning districts, the height of a fence within the front yard shall be:
1. Thirty-six inches or less for sight -obstructing fences; or
2. Forty-eight inches or less for non -sight -obstructing fences, such as chain link fences.
B. In residential zoning districts, fences shall not exceed eight feet in height when located on a flanking, side, or
rear yard behind the minimum required front yard setback line. Lots with double street frontage may have a
fence on the property line not used as the main point of access (the apparent rear yard).
C. In nonresidential zoning districts, fences shall not exceed eight feet in height without a conditional use permit
except as provided in SVMC 22.70.020(1).
D. The height of a fence shall be measured from the base of the fence
E. In nonresidential zoning districts, barbed wire may be used for security purposes only on the upper one -
quarter of the fence unless the use is adjacent to a residential zoning district, in which case no barbed wire shall
be allowed on the portion of the fence adjacent to the residential zoning district. An administrative exception
may be granted by the city manager or designee for public utility distribution or transmission facilities seeking
relief from barbed wire requirements.
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F. In residential zoning districts, barbed wire fences may only be used to confine animals if the parcel meets the
animal raising and keeping requirements contained in SVMC 19.65.020.
G. Barbed wire shall not project outside of the property line or into the public right-of-way.
H. Electric fences shall only be allowed to enclose outdoor storage areas in nonresidential zoning districts or to
confine animals in residential zoning districts. Electric fences shall not be allowed for any other purpose. Electric
fences shall:
1. Not exceed 10 feet in height when used for outdoor storage or eight feet in height when used to confine
animals;
2. Be clearly marked with warning signs at least 24 square inches in area located every 60 feet;
3. Be surrounded by a non -electrical fence located within 12 inches of the electrical fence;
4. Have an energizer driven by a commercial storage battery that does not exceed 12 volts DC; and
5. Not produce a charge upon contact that exceeds the energizer characteristics set forth in paragraph 22.108 and
depicted in Figure 102 of International Electrotechnical Commission (IEC) Standard 60335-2-76.
I. Fences and all sight obstructions including vegetation shall be located outside of the clearview triangle pursuant
to SVMC 22.70.030 and shall not block the view of fire protection equipment. (Ord. 17-004 § 3, 2017; Ord. 16-
018 § 6 (Att. B), 2016).
Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance.
Section 5. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as
provided by law.
Passed by the City Council this 24'1day of March, 2020.
ATTEST:
Christine Bainbridge, City Cler
Approved as to Form:
0
Attorney
Date of Publication:
Effective Date:
/2
(
Ben Wick, Mayor
Ordinance 20-003
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