Electric City City Zoning Code
18.45 General
Regulations
Building setbacks and lot dimensional requirements shall be as provided in Table 2, General Development Standards for All Districts.
18.45.010 Building moving.
(1) No building of any nature whatsoever (including mobile, factory-built, modular and manufactured homes) shall be moved onto any property within the corporate limits of the city of Electric City unless the same shall conform to the ordinance codified in this title.
(2) No buildings of any nature whatsoever (including mobile, factory-built, modular and manufactured homes) shall be moved onto any area within the corporate limits of Electric City unless and until a permit has been issued allowing said building to be moved into the city of Electric City or from one area in Electric City to another area in Electric City, or within any zone, and a request shall be made in writing for the allowance of said permits, which requests shall include the name of the persons making said request, his address, a picture of the building sought to be moved and the plans and specifications for any changes sought to be made or alteration to be made in said building after its movement. (Ord. 512 § 1, 2016; Ord. 494 § 1, 2015; Ord. 416 § 1, 2009)
18.45.020 Setbacks and dimension requirements.
Building setbacks and lot dimensional requirements shall be as provided in Table 2, General Development Standards for All Districts.
Table 2 – General Development Standards for All Districts
R-1 Low Density | R-2 Medium Density | R-3 High Density | P-R Planned Resort | C-1 Central Business | C-2 Tourist Commercial | C-3 Light Industrial | Planned Development | PU Public Use | |
|---|---|---|---|---|---|---|---|---|---|
Minimum lot size | 10,000 sq. ft. | 6,000 sq. ft. single-family + 1,200 sq. ft. each additional unit | 5,000 sq. ft. single-family + 500 sq. ft. each additional unit | 5,000 sq. ft. single-family + 500 sq. ft. each additional unit | 2,500 sq. ft. + 500 sq. ft. each additional unit | 2,500 sq. ft. + 500 sq. ft. each additional unit | 2,500 sq. ft. + 500 sq. ft. each additional unit | 2,500 sq. ft. + 500 sq. ft. each additional unit | 2,500 sq. ft. + 2,500 sq. ft. each additional unit |
Maximum density, with PD permit | 2 d.u./acre | 12 d.u./acre | 20 d.u./acre | 24 d.u./acre | NA | NA | NA | 20 d.u./acre | NA |
Minimum building footprint – primary structure1 | 1,250 sq. ft. | 1,000 sq. ft. | 800 sq. ft. | 800 sq. ft. | NA | NA | NA | 800 sq. ft. | NA |
Minimum building footprint – accessory dwelling unit | 320 sq. ft. | 320 sq. ft. | 320 sq. ft. | 320 sq. ft. | 320 sq. ft. | 320 sq. ft. | 320 sq. ft. | 320 sq. ft. | NA |
Maximum lot coverage2 | 35% | 50% | 60% | 75% | 100% | 80% | 100% | 100% | 100% |
Minimum front yard setback, all structures | 20 feet | 20 feet | 20 feet | 10 feet | 0 feet | 0 feet | 0 feet | 0 feet | 5 feet |
Minimum side yard setback, main structure | 5 feet | 5 feet | 5 feet | 5 feet | 0 feet | 0 feet | 0 feet | 0 feet | 5 feet |
Minimum side yard setback, accessory structures | 5 feet plus 6 inches for each foot over 18 feet in height | 5 feet plus 6 inches for each foot over 18 feet in height | 5 feet plus 6 inches for each foot over 18 feet in height | 5 feet | 0 feet | 0 feet | 0 feet | 0 feet | 5 feet |
Minimum rear yard setback, primary structure | 20 feet | 15 feet | 10 feet | 10 feet | 0 feet | 0 feet | 0 feet | 0 feet | 5 feet |
Minimum rear yard setback, accessory dwellings and structures | 5 feet plus 6 inches for each foot over 18 feet in height | 5 feet plus 6 inches for each foot over 18 feet in height | 5 feet plus 6 inches for each foot over 18 feet in height | 5 feet | 0 feet | 0 feet | 0 feet | 0 feet | 5 feet |
Maximum height, main structure | 30 feet | 30 feet | 30 feet | 30 feet | 35 feet | 35 feet | 35 feet | 35 feet | 35 feet |
Maximum height, accessory dwelling unit and structures3 | 30 feet | 26 feet | 26 feet | 26 feet | 30 feet | 30 feet | 30 feet | 30 feet | 30 feet |
Minimum size, recreational vehicle park campground | NA | NA | 2 acres | 2 acres | 2 acres | 2 acres | 2 acres | 2 acres | 2 acres |
Minimum size, recreational vehicle park extended stay | NA | NA | 5,000 sq. ft. | 5,000 sq. ft. | 2,500 sq. ft. | 2,500 sq. ft. | 2,500 sq. ft. | 2,500 sq. ft. | 2,500 sq. ft. |
Minimum size, manufactured home park | 5 acres | 5 acres | 5 acres | 5 acres | 5 acres | 5 acres | 5 acres | 5 acres | 5 acres |
1Does not apply to accessory structures.
2Includes all impervious surfaces (structures, asphalt, concrete, etc.).
3Except for telecommunications antennas.
(Ord. 592 § 5, 2022; Ord. 558 § 1, 2019; Ord. 512 § 1, 2016; Ord. 494 § 1, 2015; Ord. 443 § 1 (Exh. A), 2011; Ord. 416 § 1, 2009)
18.45.030 Parking and loading standards.
(1) General. Off-street parking shall be provided in accordance with the requirements found in this section.
(2) Conditions. Off-street parking and loading spaces shall be provided at any time one of the following conditions occur:
(a) When a main building is erected; or
(b) When a main building is relocated; or
(c) When a use is changed and there is space on the site for the required parking; or
(d) When the number of required spaces is increased by the addition of dwelling spaces, floor area, or any other unit of measure used to determine parking and loading spaces; or
(e) In the event the expansion or enlargement results in 10 percent or less increase in the number of spaces necessary to comply with Table 3, the provision of additional spaces is not required.
(3) Parking Space Area. Each parking space shall have a net area of not less than 180 square feet exclusive of access drives or aisles, and shall be of usable shape and condition. If determined on a gross area basis, 300 square feet shall be allowed per vehicle.
(4) Requirements. A public or private parking area that has a capacity of five or more vehicles shall be developed and maintained in accordance with the following requirements:
(a) Development of such parking areas shall be in accordance with plans that must be submitted to and approved by the building inspector prior to site preparation or development work.
(b) Parking areas shall be improved with a properly bound, durable and dustless impermeable surface. Alternative parking surfaces, such as grass with weight transferring plastic or concrete blocks, are recommended for low frequency-of-use parking and loading areas.
(c) Adequate drainage of the parking area shall be provided in such a manner so as to protect adjacent properties from excess stormwater and erosion, and to prevent the overtaxing of public or private storm drainage systems, and such drainage shall not be allowed to flow across sidewalks.
(5) Off-Street Parking Standards. The minimum number of off-street parking spaces required per use shall be as indicated in Table 3, below. Any use clearly similar to any of the listed uses shall meet such use’s requirements. If the similarity of the uses is not apparent, the planning agency shall recommend to the city council the standards that should be applied to the use in question.
(6) Loading Berth Standards.
(a) Any building being or intended to be used for retail, wholesale, warehousing, freight, hospital, industrial and manufacturing shall be provided with off-street loading berths according to the following schedule:
(i) One loading berth for each building containing 5,000 to 20,000 square feet of floor area;
(ii) Two loading berths for each building containing 20,000 or more square feet of floor area;
(iii) A loading berth can be counted as equivalent to one parking space when estimating the required parking except for residential uses in the central business district.
(b) Any building being or intended to be used for offices, hotel, restaurant, assembly space or similar use shall be provided with off-street loading berths according to the following schedule:
(i) One berth per building or as designated by the building inspector, whose decision shall be based on the type of use, the amount of activity, and the size of vehicles servicing the use.
(7) Exemptions for Joint Use. The planning agency or administrator, depending on the type of approval involved, may authorize the joint use of parking facilities upon review of each request and a determination by the council for the compliance with the intent of this chapter will be assured.
(8) Central Business District Exemptions. There are no requirements for off-street parking for commercial uses in the central business district. Residential uses require one parking space per unit. Loading berths do not qualify as required parking for residential uses in the central business district.
(9) Off-Street Parking in Residential Districts. Off-street parking spaces shall not be located in a required front yard in any residential (R-1, R-2, R-3) district unless within a designated driveway.
(10) Uses Not Specified. In case of a use not specifically mentioned in the parking requirements in Table 3, the requirements for off-street parking facilities shall be recommended by the planning agency. Such determination shall be based upon the requirements for the most comparable use listed.
(11) Additional Standards and Bonds. In addition to the basic standards and requirements established by this chapter, the planning agency or the building inspector may make such other requirements or restrictions as may be deemed necessary in the interests of public health, safety and general welfare, including, but not limited to: lighting, joint development of facilities, entrances and exits, accessory uses and conditional uses; provided further, that performance bonds may be required where it is determined that such are necessary to guarantee proper compliance within the time periods specified.
(12) Parking Standard Modifications. The parking requirements in this section can be changed to better reflect the actual parking demand for a particular use. The planning agency shall review case-by-case requests for modifications and permit the requests should they meet the following requirements:
(a) Applicants identify the quantity of off-street parking spaces required by current city standards;
(b) Applicants identify the quantity of off-street parking spaces they intend to install;
(c) Applicants submit at least one example of a similar parking condition and property use with a complete description of all relevant and unique conditions;
(d) The request will not create any foreseeable off-site parking demands on unrelated adjacent parcels or on public rights-of-way.
Table 3 – Minimum Number of Off-Street Parking Spaces Required for Different Land Uses
Land Use | Minimum Number of Parking Spaces Required |
|---|---|
Residential Uses | |
Home Occupations | 2 per dwelling unit plus 1 per employee who resides off the property |
Multifamily Residential Units | 2 per dwelling unit |
Single-Family Residential Unit, without accessory dwelling unit | 2 per dwelling unit |
Single-Family Residential Unit, with accessory dwelling unit | 2 per dwelling unit |
Two-Family (Duplex) Residential Unit | 2 per dwelling unit |
Planned Unit Development | Determined by the administrative official |
Unnamed Residential Uses | Determined by the administrative official |
Commercial Uses | |
Agricultural Equipment Storage, Sales and Rental Services | 1 per employee and 1 per 300 square feet of retail sales area |
Animal Facilities, Shelters and Kennels | 1 per employee and 1 per 200 square feet of gross floor area |
Automotive Service and Repair | 2 per bay or stall plus 1 per employee |
Bed and Breakfast Inns | 1 per guest room, plus 2 per facility |
Bed and Breakfast Residences | 1 per guest room, plus 2 per facility |
Cemeteries | Determined by the administrative official |
Convenience Stores | 1 per 200 square feet |
Day Care, Type 1 | 1 space per 6 people enrolled plus 1 for each staff member or volunteer on site, but not fewer than 3 spaces |
Day Care, Type 2 | 1 space per 6 people enrolled plus 1 for each staff member or volunteer on site, but not fewer than 3 spaces |
Drinking Establishment | 1 per 100 square feet or 1 per 3 seats, whichever is greater |
Eating Establishment | 1 per 100 square feet or 1 per 3 seats, whichever is greater |
Greenhouse, Accessory Use | 1 per employee |
Indoor Entertainment Facilities | 1 per 4 seats or per 100 square feet of assembly area, whichever is greater |
Nursing Homes | 5 plus 1 per 6 beds |
Nursery, Retail | 1 per 500 square feet |
Hotel/Motel | 1 per guest room plus 1 per employee |
Personal and Professional Services | 1 per 300 square feet plus 1 per employee, but not fewer than 3 spaces |
Residential Care Facilities | 5 plus 1 per 6 beds |
Resorts, New | 1 per 300 square feet plus 1 per employee |
Resorts, Expansion of Existing Uses | 1 per 300 square feet plus 1 per employee |
Residential (Mini) Storage Facilities | 1 per employee plus one per 10 rental units |
Retail Sales and Services | 1 per employee plus 1 per 300 square feet of sales area |
Short-Term Rentals, Vacation Rentals | 1 per guest room, plus 2 per facility |
Storage and Sale of Fertilizer, Pesticides, Herbicides, Soil Sterilants and Fumigants | 1 per employee plus 1 per 300 square feet of sales area |
Unnamed Commercial Uses | Determined by the administrative official |
(Ord. 558 § 2, 2019; Ord. 512 § 1, 2016; Ord. 494 § 1, 2015; Ord. 416 § 1, 2009)
18.45.040 Performance standards.
The following performance standards are intended to protect the public health, safety and general welfare by ensuring adequate access to light, air, privacy and open space; minimizing traffic congestion and utility overload; and protecting the citizens of Electric City from objectionable influences that may interfere with the use, value and enjoyment of property, sleep and repose, and the quality of the environment in all zoning districts. The performance standards are intended to be used to evaluate the general impacts of a given use. They are not intended to be used as a remedy for nuisances.
(1) General Performance Standards. The following standards are applicable to all uses, irrespective of zoning classifications, in order to minimize potential impacts to public health, safety, welfare, and aesthetic values associated with land uses located in the city. Any use that does not comply with the general performance standards is prohibited.
(a) Artificial Light and Glare.
(i) Uses producing artificial light, utilizing light for night operation, or causing glare shall:
(A) Not impair use of or safety of any road due to strong dazzling artificial light directed at oncoming motor vehicles, or strobe lights projecting off site or toward streets, or lights imitating traffic signals.
(B) Protect residential uses from artificial light during periods of darkness by shading the luminaire and/or screening abutting property lines. Screening design is subject to approval by the city.
(C) Shield direct light generated by arc welding and similar processes in a manner that prevents such direct light from being visible from neighboring properties or public areas (roads, sidewalks, etc.).
(ii) External lighting on residential property shall be directed and shielded appropriately to avoid creating a nuisance or hazard to passing traffic and neighboring properties.
(2) Electrical Interference. Provisions must be made for necessary shielding or other preventive measures against interference occasioned by mechanical, electrical and nuclear equipment uses or processes with electrical apparatus in nearby buildings or land uses.
(3) Electromagnetic Radiation. No use of electromagnetic radiation shall be permitted for such purposes as communication, experimentation, entertainment, broadcasting, hearing, therapy, vehicle velocity measurement, weather survey, topographic survey, personal pleasure, or any other use directly or indirectly associated with those purposes that does not comply with the current regulations of the Federal Communications Commission (FCC) regarding such sources of electromagnetic radiation. The FCC enforces its regulations within the city.
(4) Fire and Explosion Hazards. All activities involving flammable and explosive materials shall provide adequate safety devices against the hazard of fire and explosion and shall provide adequate fire fighting and fire suppression equipment as required by the city. In terms of fire and safety hazards, the storage and handling of inflammable liquids, liquefied petroleum, gases, and explosives shall comply with rules and regulations of the International Fire Code, as amended.
(5) Hazardous Substances or Waste.
(a) Storage of animal or vegetable waste shall be managed and maintained in a manner that does not attract insects or rodents or otherwise create a health hazard. No waste products shall be exposed to view, from eye level, beyond the property line of the use storing the waste.
(b) No hazardous substances or wastes shall be released into the environment so as to cause dangerous or offensive emission or contamination of any public or private water supply, sewage treatment processes, watercourse or water body, the air or the ground, except in accordance with standards approved by provisions of federal, state, and local laws and regulations. The discharge of any materials into any manmade or natural body of water or drainage system shall be regulated by the Washington Department of Ecology or city ordinances.
(c) Manufacturing uses shall indicate the method of storage and disposal of all industrial waste prior to project approval.
(6) Hours of Operation. The hours of operation of any use located in a residential (S-1, R-1, R-2, or R-3) district shall be consistent with the character of a residential neighborhood.
(7) Noise. Noise shall be muffled so as not to become objectionable due to intermittent beat, frequency, or shrillness, and shall not exceed those standards as determined by the Washington Administrative Code (Chapter 173-60 WAC) as amended.
(8) Odor. The emission of obnoxious odors or any toxic or corrosive fumes, gases, or other matter that may injure people or property shall not be permitted.
(9) Particulate Matter Emissions.
(a) All uses that produce emissions shall comply with the requirements of the Environmental Protection Agency and/or the Washington Department of Ecology.
(b) No residential or commercial activity that chronically emits observable dust, dirt, fly ash or other airborne solids shall be permitted except as related to construction activity or with a land use permit and approved mitigation plan.
(c) Air pollution from private roads, parking lots, and open areas shall be controlled as follows. The performance goal is to allow no degradation of the air quality of the Electric City area, and to prevent degradation of the ambient air quality by utilizing sufficient dust control measures, both during periods of construction and after project completion.
(i) Visible dust generated by construction, repair, or cleaning of roads and parking areas shall be minimized by means that minimize detrimental effects to water quality. Chemical dust suppressants labeled for such use may be used in accordance with all applicable health and safety standards.
(ii) Private roads and parking areas shall be controlled by providing paving or other surface treatment that minimizes visible dust emissions and mud tracking. Housekeeping measures shall be used to minimize the accumulation of mud or dust on the surface of roads.
(iii) Unpaved shoulders shall be maintained in such a way as to minimize generation of visible dust by wind or traffic. Unpaved nonvehicular areas shall be controlled by vegetative cover or other equally effective methods of minimizing windblown dust.
(d) Air emissions from manufacturing uses or other activities shall be controlled. No emissions shall exceed the allowances set forth by the Environmental Protection Agency.
(10) Vibration. Any use permitted by this title that causes ground vibration or concussion that is detectable beyond the property lines without the aid of instruments shall not be permitted except as exempted herein. The following conditions shall be exempted:
(a) Vibration originating from heavy transport vehicles (e.g., trucks);
(b) Vibration originating from site construction activity;
(c) Vibration from heavy equipment that occurs no more than once daily for a period not to exceed 15 minutes.
(11) Under no circumstances shall outdoor storage of materials and supplies or outdoor use areas interfere with free use of sidewalks or public rights-of-way by emergency service vehicles or personnel.
(12) Specific Performance Standards. The following standards shall be used to assess the impacts of a conditionally or administratively permitted use, or a use not listed in the district use chart, in the context of the zoning district, the neighborhood, and the surrounding uses in the area in which the use is proposed, in order to minimize potential impacts on public health, safety, welfare, and aesthetic values associated with land uses located in the city. Any use that does not comply with the applicable specific performance standards is prohibited.
(13) Any use not specifically allowed, based on the district use chart, must be harmonious with the design, character, and appearance of the neighborhood in which it is proposed, and must not adversely affect the established character of the surrounding neighborhood. Among the factors to be considered are the specified intent of the zoning district in which the use is proposed; aesthetic consistency with existing structures and land use patterns and the overall character of the neighborhood and the city; and consistency in terms of visual impacts of parking areas, building facades, and accessory structures.
(14) Any use not specifically allowed, based on the district use chart, must have no more adverse effect on the health, safety, general welfare and interest of persons living or working in the area, and must be no more injurious, economically or otherwise, to property or improvements in the surrounding area, than would any use generally permitted in the district. Among matters to be considered are traffic generation; traffic flow and control; access to and circulation within the property; off-street parking and loading; refuse and service area; utilities; screening and buffering; signs; yards and other open areas; height, bulk, and location of structures; location of proposed open space uses; hours and manner of operation; and noise, light, glare, dust, odor, fumes and vibration.
(15) Any use not specifically allowed, based on the district use chart, must make efficient use of public services and facilities, and must not place an undue burden on the city’s public services and facilities or reduce the city’s public services and facilities level of service below that intended for uses allowed by right.
(16) Any use not specifically allowed, based on the district use chart, must be consistent with the city’s adopted comprehensive plan, and with the objectives of any code, ordinance, regulation, specifications or plan in effect to implement said comprehensive plan. (Ord. 512 § 1, 2016; Ord. 494 § 1, 2015; Ord. 464 § 1, 2012; Ord. 416 § 1, 2009)
18.45.050 Development standards.
The building official shall review the measures proposed for compliance with the following development standards and shall approve or conditionally approve a building permit application to assure compliance with the standards:
(1) All uses with the exception of single-family dwellings, duplexes, and permitted accessory uses and home businesses shall comply with the following development standards.
(2) All multifamily dwellings and commercial uses shall comply with the following standard: air conditioning, heating, cooling, and ventilation equipment, pumps, heaters and all other mechanical devices shall be screened. Duplexes are exempt from this requirement.
(3) Access for commercial use to commercial properties must be from public thoroughfares or through adjacent commercial property.
(4) All condominiums and time-share condominiums shall implement an ownership and maintenance program for roads and common areas, if the development is to be sold in units, to ensure a long-range maintenance program for such areas. Such measures shall be reduced to writing and recorded, or entered on the face of a recorded plat or site plan map. Duplexes are exempt from this requirement.
(5) No use shall create a nuisance or hazard, including noise, dust, or threat to air or water quality or to the well-being of the city and the area in which the use is located. (Ord. 512 § 1, 2016; Ord. 494 § 1, 2015; Ord. 416 § 1, 2009)
18.45.060 Single-unit dwellings and duplexes.
(1) Intent. The purpose of this section is to assure that all single-family detached accessory dwelling units and duplexes meet a citywide standard to conform with the character of existing residences.
(2) Scope. This standard applies to all single dwellings, detached accessory dwelling units and duplex dwellings including: site-built, manufactured, and factory-built not located in approved manufactured home parks. Mobile homes are not permitted within the city of Electric City.
(3) Requirements. Single-unit (detached) dwellings and duplex dwellings shall meet the following conditions for placement:
(a) Foundations. All residential structures must have a permanent foundation that meets or exceeds applicable building code requirements for residential construction. Post and pillar and similar building code approved foundations require skirting compatible with the house design.
(b) Siding. Siding shall be continuous to a height no more than 12 vertical inches above the finished ground surface. Siding materials near the ground are of the same (or similar) material, color, and pattern as siding on other portions of the dwelling. Homes placed on a slope, or which exhibit other unique site-related challenges that make it difficult for the homeowner to comply with this requirement, will be reviewed on a site-by-site basis. All homes should meet the general intent of this provision.
(c) Minimum of one outside hose bib.
(d) Covered off-street parking for two vehicles per single-family dwelling and each duplex unit and one per accessory dwelling unit.
(4) Minimum Square Footage. The minimum square footage is dependent upon zoning district requirements as identified in Table 2, ECMC 18.45.050.
(5) Accessories for Travel. Tongues, trailer hitches, amber lights, and wheels must be removed.
(6) Attached Structures. Attached structures shall meet the city requirements for new buildings. Attached structures for manufactured homes must meet applicable state and federal requirements.
(7) Utilities. A utilities plan identifying the location and mode of all utilities must be submitted to the building inspector. Installation shall comply with all standards required by the city of Electric City. (Ord. 592 § 6, 2022; Ord. 558 § 3, 2019; Ord. 512 § 1, 2016; Ord. 494 § 1, 2015; Ord. 416 § 1, 2009)
18.45.070 Clear vision requirements.
(1) Intersections – Requirement. A clear vision area shall be maintained on the corners of all property adjacent to the intersection of two streets. Sight obstructions (e.g., fences, signs, plantings) shall be set back from public roadways when and as necessary to present a clear view of such roadway from all roads, alleys or private driveways; provided, that such required setback distance shall not exceed required setbacks for the zone in which the property is located. Trees, outside of intersection areas, may be permitted within the setback area, provided all branches and foliage are removed to a height of eight feet above the top of the curb, or where no curb exists, from the established center line grade of the street.
(2) Intersection – Measurement. A clear vision area shall consist of a triangle, two sides of which are curb line (or street edge lines) and the third side of which is a line across the corner of the lot connecting the ends of the other two sides. The size of the clear vision area is determined by the distance from the intersection of the two street lines to the third side, measured along the street. The required size is as follows:
(a) In a residential district the distance determining the size of a clear vision area shall be 30 feet, measured along the street sides of the triangle.
(b) In all other use districts the distance determining the size of a clear vision area shall be 15 feet, except that where the angle of intersection between two streets is less than 30 degrees the town may require a greater distance. (Ord. 512 § 1, 2016; Ord. 494 § 1, 2015; Ord. 416 § 1, 2009)
18.45.080 Fences.
(1) General Requirements – All Zoning Districts.
(a) All corner lots shall maintain a clear vision area (ECMC 18.45.070) for safety purposes. Within the area comprising the triangle, no fence, hedge, or other physical obstruction higher than 36 inches above the established street grade shall be permitted.
(b) Fences, walls, hedges or shrubs shall not exceed four feet above finished ground level outside of the clear vision area within any required front yard setback.
(c) In the R-1 zone, agricultural fences of any height are permitted for the restraint of farm animals.
(d) Sight obscuring privacy fences shall not exceed four feet in height in the front yard setback and must be 50 percent or more open in construction. Sight obscuring privacy fences shall not exceed eight feet in height in the rear yard setback.
(e) In all zones and lots except in R-1 zone, no fence exceeding four feet in height may extend within the required front yard setback as established in ECMC 18.45.020, Table 2.
(f) Fences shall not exceed eight feet above finished ground level outside of the required front yard setback.
(g) Fences along walkways, pedestrian paths, or activity trail links open to the public shall be no more than four feet solid or six feet open in height or a combination of both with a maximum of four feet solid portion starting from the finished grade of the walkway, pedestrian path, or activity trail.
(h) All fences in residential zones shall be constructed of material commonly used in residential fence construction, such as wood, masonry, ornamental iron, chain link, and similar material.
(i) Fences of synthetic materials that have the functional equivalence of natural or traditional material may be substituted. Fences shall not be made of tires, or similar salvage materials, not originally designed as structural components of fences.
(j) Electric fences and barbed wire fences shall be prohibited, except in the R-1 zone where they may be used to contain livestock. Such fences shall not be located along property lines adjacent to other residential and commercial zones and shall be disabled when the livestock use has been discontinued. Electric fences shall be posted with permanent signs every 50 feet stating that the fence is electrified. All electric fences and appliances, equipment, and materials used in connection therewith shall be listed or labeled by a qualified testing agency and shall be installed in accordance with manufacturer’s specifications and in compliance with the National Electrical Code.
(2) Fences are subject to provisions of current building code adopted by the city.
(3) The erection, construction or substantial rebuilding of any fence or privacy screen structure greater than six feet shall be considered a Type I permit under ECMC 19.09.030 and shall require a building permit. Fences less than six feet in height shall require a fence permit. Substantial rebuilding is reconstruction of more than 50 percent of the structure, a change in height of the structure, or a change from existing material. Painting, cleaning, replacement of like material, or other actions commonly considered as general maintenance shall not be defined as “substantial rebuilding.”
(4) Application. An application for a fence or privacy screen, a Type I permit under ECMC 19.09.030, shall be submitted to the city clerk for consideration. The application shall be reviewed by the city clerk and building official or their designee. Any party aggrieved by a decision rendered by the building official or other individual reviewing the application may appeal the decision to the hearing examiner, subject to the provisions of Chapter 19.11 ECMC.
(5) It shall be the responsibility of the owner and/or occupant of the property where a fence is erected to maintain the structure in good repair at all times. When a portion of the fence exceeding 25 percent of the street frontage is found to be in a deteriorated condition and/or in need of repair, including, but not limited to, broken or missing structural components, and/or the fence is substantially less than perpendicular to grade, the building official, or his or her authorized agent, may order the fencing to be repaired, replaced or removed depending on the condition of the fence. Such order shall be in writing. If the fencing is ordered to be replaced, then new fencing shall meet the current regulations.
(6) Fences constructed or maintained by any governmental body or agency, for which the principal purpose is public safety and security of public facilities, are exempt from the height and location provisions herein. Such fences are subject to the requirements of subsection (5) of this section.
(7) The provisions of this section may not apply within the guidelines of certain covenants or homeowners’ associations’ rules and regulations. (Ord. 558 § 4, 2019; Ord. 512 § 1, 2016; Ord. 494 § 1, 2015; Ord. 416 § 1, 2009)
18.45.085 Motorized vehicle service and repair requirements.
The following conditions apply to all motorized vehicle service and/or repair facilities in addition to the performance and development standards contained in ECMC 18.45.040 and 18.45.050 and site plan review in Chapter 18.49 ECMC:
(1) The exterior and surroundings must be maintained in a clean and orderly fashion to enhance and not detract from the neighborhoods.
(2) No more than three vehicles designated for service or repair may be parked outside the building and shall not remain parked for more than 72 hours.
(3) No parts, motors or apparently inoperable vehicles to be stored outside.
(4) There shall be a public restroom maintained in a sanitary condition and not used for storage.
(5) All repair or service work shall be conducted entirely within an enclosed building, except for that repair work involving initial diagnosis, tire service or replacement, or work on vehicles larger than what can be accommodated within the service bays or garages.
(6) All dismantled or partially dismantled vehicles and miscellaneous engine or auto parts on the site shall be stored out of the view of street traffic.
(7) Vehicular access to the site shall be designed to minimize conflicts with pedestrians and with existing auto circulation systems.
(8) The development and operation of the business shall be in conformance with the goals and policies of the comprehensive plan. (Ord. 512 § 1, 2016)
18.45.090 Residential care, retirement and treatment facilities.
The following conditions apply to residential care, retirement and/or treatment facilities in addition to the performance and development standards contained in ECMC 18.45.040 and 18.45.050 and site plan review in Chapter 18.49 ECMC:
(1) The facility shall provide proof to the city prior to opening that all appropriate federal/state and or local certifications, licenses and/or approvals have been obtained.
(2) The exterior and surroundings must be maintained in a clean and orderly fashion to enhance and not detract from the neighborhoods.
(3) Vehicular access to the site shall be designed to minimized conflicts with pedestrians and with existing auto circulation systems.
(4) The development and operation of the facility shall be in conformance with the goals and policies of the comprehensive plan. (Ord. 512 § 1, 2016)