Ordinance 04-038 Establishes 7.06 of UDC; Amends Ordinance 03-053 & 03-083 CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 04-038
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
ESTABLISHING SECTION 7.06 OF THE SPOKANE VALLEY UNIFORM
DEVELOPMENT CODE; AMENDING ORDINANCE No. 03-053 BY
AMENDING SECTION 14.810.020 FENCES OF THE INTERIM ZONING
CODE; AMENDING ORDINANCE No. 03-83 RELATING TO THE
PROHIBITION OF NUISANCES; PROVIDING FOR SEVERABILITY AND
EFFECTIVE DATE.
WHEREAS, the Interim Zoning Code adopted by the City of Spokane Valley pursuant to
Ordinance 03-53 regulates the placement of fences and vegetative screens, including hedges
and shrubbery; and
WHEREAS, Ordinance No. 03-83 Prohibition of Nuisances effective on October 23,
2003 provides that vegetation, buildings, structures and fences that obstruct or hinder the use of
any public walkway, sidewalk or street, or that obstructs or obscures the view of traffic or traffic
control devices are prohibited nuisances; and
WHEREAS, Ordinance No. 03-83 further provides that the Public Works Director will
promulgate policies relative to "clear view triangles"; and
WHEREAS, the Community Development Director is responsible for the enforcement of
nuisance ordinances;
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington,
ordains as follows:
Section 1. Section 7.06 of the Spokane Valley Uniform Development Code is hereby
established to read as follows:
"Section 7.06. Clear View Triangle
A clear view triangle is a
measurement applied at
the intersection of two Vegetation within clear-view triangle
streets or the
intersection of an alley or
commercial driveway "''►,.�
and a street, to ensure p" ,
unobstructed vision of • .
motorists and
pedestrians. Within the _.n.._. ._�._.... :'
clear view triangle, the r- ,s -.._.._._..._. ._.._.._..r....
space between three r mmun y� :-•- 22 3'Maximum•
and seven feet above
grade must be
unobstructed (See
Ordinance 04-038 Visibility Triangles Page 1 of 4
Figure 7.06) and calculated as follows:
a) Uncontrolled Intersection: the right isosceles triangle having sides of fifty feet (50'-0")
measure along the curb line of each intersecting local access street (or five feet from
edge of pavement for a street with no curbs), alley or commercial driveway (See Figure
7.06.a) ; or
son. '1
LOCAL ACCESS sine, / /a..
i
E.t
iw N
V
V ,(ti
!
. ; 11
r0
0 ,
Oh,o,,-v-N,
Figure 7.06.a. Uncontrolled Intersection
b) Stop Controlled Intersection: the right triangle having a sixteen foot (16'-0") side
measured along the curb line of a local access street (or five feet from the edge of
pavement for a street with no curbs), alley or commercial driveway, and the distance
shown on Table 7.06.1 based on posted speed along the side along the curb line of the
intersecting street (or five feet from edge of pavement for a street with no curbs) (See
Figure 7.06.b) ; or
Figure 7.06.b Stop Controlled Intersection
Table 7.06.1
SEE TABLE 7.05.i
Posted Speed Distance
=4 (in MPH) (in feet)
THROUGH STF.EET /cum 25 70
■
r s, W
N •- —— —— '1s �P ERn LwE 35 110 i
—c
i
�
4 a 1
c11 :,C T-Ci-sM
Ordinance 04-038 Visibility Triangles Page 2 of 4
c) In cases including, but not limited to, arterials with posted speeds in excess of 35
m.p.h., one-way streets, steep grades and sharp curves, the City Traffic Engineer will
determine the appropriate measurement.
Section 2. Section 14.810.020 Fences of the Spokane Valley Interim Zoning Code is hereby
amended to read as follows:
"14.810.020 Fences
1. No sight-obstructing fence more than thirty-six (36) inches in height nor any non-sight-
obstructing fence (cyclone) more than forty-eight (48) inches in height may be erected and/or
maintained within the required front yard of any lot used for residential purposes. Within a
P.U.D. a fence may exceed the height limit specified herein if designated on a preliminary site
plan when approved by the Hearing Body as part of the development concept. Such fence shall
not exceed six (6) feet in height, although entranceway gates, arches, covered entrances,
support structures, etc., may exceed this height when a specific design is presented and
approved by the Hearing Body. When perimeter fencing is used with a P.U.D. design, a
minimum of five (5) feet of landscaping is required between such fences and public/private
pedestrian or roadway rights-of-way. Hedges, shrubbery, or other materials used in lieu of a
fence and not a part of a landscaping requirement per Section 14.806.040, yet serving the same
function as a fence, shall be considered a fence. A residential fence exceeding a height of six
(6) feet requires a variance from the Hearing Body.
2. Neither residential, commercial or industrial fencing, nor any sight obstruction which
constitutes a hazard to the traveling public, shall be permitted on any corner lot in any zone
within the area designated as the "clear view triangle" pursuant to the standards established in
Section 7.06 of the Spokane Valley Uniform Development Code.
3. In the Exclusive Agricultural, General Agricultural, RR-10, SRR-5 and SRR-2 Residential,
and Mining zones, electric fences shall be permitted in accordance with the following standards:
a. Electric fences shall be for the confinement of animals and control of predators.
b. Electric fences shall conform in all respects to the Washington State Rules and
Regulations for electrical wiring, RCW 19.28, as to voltage, amperage, safety factors,
and shall be energized only with Underwriters Laboratories approved existing
equipment.
c. Electric fences shall be marked with warning signs at least twenty-four (24) square
inches in area located every one hundred and fifty (150) feet. In the EA and GA zones
when the area of the property concerned is twenty (20) acres or more and, providing
further, where the fences are not adjacent to a public highway or platted area, the use of
conspicuous insulators shall be considered sufficient warning when approved by the
State Electrical Inspector.
d. Electric fences shall be prohibited in all Industrial, Business, RS and SR-1 thru UR-22
Residential zones.
4. Barbed wire fences shall be prohibited in RS and SR-1/2 thru UR-22 Residential zones. In
the B-2, B-3 and Industrial zones, barbed wire may be used for security purposes only on the
upper one-quarter(1/4) of the fence.
5. Nonresidential fences in the Industrial, Business and Mining Zones are allowed up to eight
(8) feet in height.
Ordinance 04-038 Visibility Triangles Page 3 of 4
Section 3. Ordinance 03-083 is amended to read as follows:
Section 4. Nuisances Prohibited. No person, firm or entity shall erect, contrive, cause,
continue, maintain or permit to exist any public nuisances within the City. Prohibited public
nuisances include, but are not limited to:
A. Vegetation.
1. Overhanging limbs or branches that are less than eight (8) feet above a public
walkway or sidewalk, or less than fourteen (14) feet above a public street.
2. Vegetation that obstructs or hinders the use of any public walkway, sidewalk or
street, or that obstructs or obscures the view of traffic or traffic control devices, as
provided in Section 7.06 of the Spokane Valley Uniform Development Code.
3. Any growth of noxious weeds or any toxic vegetation shall be subject to WAC
17.750 as currently adopted and hereafter amended.
B. Building, Structures, Fences.
1. Buildings or portions thereof which are deemed dangerous by the Spokane
Valley Building Code, provided that such conditions or defects exist to the extent
that life, health, property or safety of the public or the structures° occupants are
endangered.
2. Any fence that obstructs or hinders the use of any public walkway, sidewalk or
street, or that obstructs or obscures the view of traffic or traffic control devices, as
provided in Section 7.06 of the Spokane Valley Uniform Development Code.
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 following its
passage and subsequent publication in the official newspaper of the City as provided by law.
PASSED by the City Council this 28`" day of Septem 2004,
Mayor, Michael DeVleming
- E,�
ify Clerk, Christine Bainbridge
Ap oved as tp F1—)sit,01L,L0'orm:
Deputy city Attorney, Cary Driskell
Date of Publication: /0
Effective Date: /U
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