Municipal Code

Title 17C Land Use Standards

Chapter 17C.123 Form Based Code Zones

Section 17C.123.070 Additional Requirements

Drive Through Facilities.
Drive-Through Facilities are prohibited in all Context Areas of the FBC.
Nonconforming Situations.
Existing development that does not conform to the development standards of this chapter is subject to the standards of chapter 17C.210 SMC, Nonconforming Situations.
Nuisance-related Impacts.
1. Off-site impacts. All nonresidential uses including their accessory uses must comply with the standards of Chapter 17C.220, Off Site Impacts.
2. Other nuisances are further regulated by state and local laws.
Outdoor Activities
1. The standards of this section are intended to assure that outdoor sales, display, storage, and work activities:
  1. will be consistent with the desired character of the zone;
  2. will not be a detriment to the overall appearance of an area;
  3. will not have adverse impacts on adjacent properties, especially those with residential uses; and
  4. will not have an adverse impact on the environment.
2. Outdoor activities associated with permitted uses shall be permitted subject to the standards of the zone and as described below.
3. Outdoor Sales and Display Areas.
  1. In the CA1 – CA3 zones, outdoor sales, and display areas are limited to forty percent of lot area or one thousand five hundred square feet, whichever is less.
  2. Outdoor sales and display areas for uses in the industrial use categories are not allowed in the CA zones.
  3. In the CA 4zone, outdoor sales and display areas are prohibited.
4. Outdoor Storage Areas.
  1. Outdoor storage areas are not permitted in the CA1 – CA3 zones.
  2. Outdoor storage areas in CA4 zones are subject to the standards of SMC 17C.111.250 Exterior Storage – Residential Zones.
5. Outdoor Activity Area Improvements.
  1. Outdoor activities shall be screened and landscaped according to the provisions of chapter 17C.200 SMC, Landscaping and Screening.
  2. In order to control dust and mud, all vehicle circulation areas must be paved.
Fences
1. Purpose: The fence standards promote the positive benefits of fences without adversely impacting the community or endangering public or vehicle safety. Fences near streets are kept low in order to allow visibility into and out of the site and to ensure visibility for motorists. Fences in any required side or rear setback are limited in height so as to not conflict with the purpose for the setback.
2. Type of Fences The standards apply to walls, fences, and screens of all types whether open, solid, wood, metal, wire, masonry, or other material.
3. Location, Height, and Design.
  1. Street Setbacks.
    1. No fence or other structure is allowed within twelve feet from the back of the curb, consistent with the required sidewalk width of SMC 17C.123.060.
    2. Fences up to three and one-half feet high are allowed in a required street setback that is measured from a front lot line.
    3. Fences up to six feet high are allowed in required setback that is measured from a side lot line.
    4. Fences shall not reduce the required setback width of SMC 17C.123.060.
    5. Fences up to six feet high are allowed in required side or rear setbacks except when the side or rear setback abuts a pedestrian connection. When the side or rear setback abuts a pedestrian connection, fences are limited to three and one-half feet in height.
    6. The height for fences that are not in required setbacks is the same as the regular height limits of the zone.
  2. Sight-obscuring Fences and Walls.
    1. Any required or non-required sight-obscuring fences, walls, and other structures over three and one-half feet high, and within fifteen feet of a street lot line shall either be placed on the interior side of a L2 see-through buffer landscaping area at least five feet in depth (See chapter 17C.200 SMC, Landscaping and Screening), or meet the treatment of blank walls intent outlined in SMC 17C.122.060 – Initial Design Standards and Guidelines for Center and Corridors.
4. Prohibited Fences.
  1. No person may erect or maintain a fence or barrier consisting of or containing barbed, razor, concertina, or similar wire except that up to three strands of barbed wire may be placed atop a lawful fence exceeding six feet in height above grade.
  2. No person may maintain a fence or barrier charged with electricity.
  3. A fence, wall, or other structure shall not be placed within a public right-of-way without an approved covenant as provided in SMC 17G.010.160 and any such structure is subject to the height requirement for the adjoining setback.
  4. No permanent fence may reduce the required sidewalk width.
5. Visibility at Intersections.
  1. A fence, wall, hedge, or other improvement may not be erected or maintained at the corner of a lot so as to obstruct the view of travelers upon the streets
  2. Subject to the authority of the traffic engineer to make adjustments and special requirements in particular cases, no fence exceeding a height of thirty-six inches above the curb may be inside the:
    1. right isosceles triangle having sides of fifty feet measured along the curb line of each intersecting residential street; or
    2. right triangle having a fifteen-foot side measured along the curb line of the residential street and a seventy-five-foot side along the curb line of the intersecting arterial street, except that when the arterial street has a speed limit of thirty-five miles per hour, the triangle has a side along such arterial of one hundred twenty-two feet; or
    3. right isosceles triangle having sides of seven feet measured along the right-of-way line of an alley and:
      1. the inside line of the sidewalk; or
      2. if there is no sidewalk, a line seven feet inside the curb line.
6. Enclosures for Pools, Hot Tubs, or Ponds.
  1. A person maintaining a swimming pool, hot tub, pond, or other impoundment of water exceeding five thousand gallons and eighteen inches or more in depth and located on private property is required to construct and maintain an approved fence by which the pool or other water feature is enclosed and inaccessible by small children.
  2. The required pool enclosure must be at least fifty-four inches high and may be a fence, wall, building, or other structure approved by the building services department.
  3. If the enclosure is a woven wire fence, it is required to be built to discourage climbing.
  4. No opening, except a door or gate may exceed four inches in any dimension.
  5. Any door or gate in the pool enclosure, except when part of the occupied dwelling unit, must have self-closing and self-locking equipment by which the door or gate is kept secure when not in use. A latch or lock release on the outside of the door or gate must be at least fifty-four inches above the ground.
  6. Outside of the door or gate must be at least fifty-four inches above the ground.
7. Reference to Other Standards.
  1. Building permits are required by the building services department for all fences including the replacement of existing fences. A permit is not required to repair an existing fence.
Creation of new lots is subject to the standards of chapter 17G.080 SMC.

Date Passed: Monday, January 12, 2015

Effective Date: Wednesday, February 25, 2015

ORD C35212 Section 1

Spokane Municipal Code