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HomeMy WebLinkAboutResolution 603 - Fence Regulations., 1_1 ~ ', l.'' PLANNING COMMISSION RESOLUTION 603 A RESOLUTION RECOMMENDING AN ORDINANCE TO RECODIFY CPMC TITLE 15.20, PLACING FENCES UNDER ZONING CODE TITLE 17.57 FOR THE PURPOSE OF MODIFYING REGULATIONS ADDRESSING FENCES TO MEET FEDERAL FLOOD PREVENTION AND TO MAINTAIN CONSISTENCY BETWEEN OTHER SECTIONS OF THE MUNICIPAL CODES 1. On, December 2, 2003, the Central Point Planning Co~n~nission conductted aduly-noticed public hearing on amending the current Central Foint Municipal Code and zone text, at which time it reviewed the City staff reports and heard public testimony and comments. No~~, theref©xe; BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON, that it is the Planning Commission's intention to initiate amendments to the City's Central Point Municipal Code and Zoning Text as attached hereto as Exhibit `A' by reference incorporated herein, imposed under authority of: CPMC 1.24.010 et.seq. -Public Hearing Procedures CPMC 17.88.010 et seq. -Amendments Passed by the Planning Commission and signed by zzae in authentication of its passage this 2"~ day of December, 2003. ~ ~~ d~~ Planning Commission Chairman ATTEST: i City p entative Approved by me this 2nd day of December, 2003 ~~~~~:t PIanning Commission Chairman PLANNING COMMISSION RESOLUTION NO. 603 (12022003) Chapter 17.57 Fcnces Sectiozas: 17.57.010 Chapter Application 17.57.020 General Regulations 17.57.030 Fences in the Stream Setback Area 17.57.040 Prohibited Fence Types 17.57.054 Violation -Penalty 17.57.010 Chapter Aut~lication: This chapter will apply to all zone classifications within the City as listed in Title 17 of this code. All of the provisions of Chapter 12.20 and Chapter 17.67 relating to the location, placement, and height offences are also applicable to fences affected by this chapter. {Ord. 1781 2, 1997; Ord. 1674 {part), 1992) 17.57.020 General Regulations: A. Fence Permits: A Fence Permit is required for all fences constructed within the 100 year floodplain, defined by local Flood Insurance Rate Maps {FIRM) and far all fences constructed within a public right-of way, per CPMC Title 12.20.020. B. Building Permits: A Building permit far the following structures shall 6e accompanied by a permit fee and a plan review fee in an amount based on valuation per the building department fee schedule as adopted by the city: 1. Barriers around swimming pools, as required by the 2003 State of Oregon Dwelling Specialty Code Chapter 41 and Appendix G; and the 1998 Oregon Structural Specialty Code, Appendix Chapter 4; 2. Fences aver six feet tall; 3. Masonry walls; 4. Retaining walls over four feet in height measured from the bottom of the footing to the top of the wall; and 5. Retaining walls, any height, supporting a surcharge. C. Setbacks & Design Criteria: Fezice Regul ations It-L R-1 R-2 R-3 Cl!' C-2(m} C-4 GS M-1 M-2 Fence Permit Required a, a, a, a, a, a, a, a, a, a, a-1 a-l a-1 a-I a-1 a-1 a-1 a-1 a-1 a-X Front Yard Setback 20' 20' 20' 20' 20' 20' 20' 20' 20' 20' For 6' Fence b b b b b b b b b b Side Yard Setback 5' 5' S' S' S' S' S' S' S' S' Rear Yard Setback 0' 0' 0' 0' 0' 0' 0' 0' 0' 0' Corner Lot i0' 10' 10' 10' 10' 10' 10' 10' l0' 1©' c c c c c c c c c c Masonry Walls, Retaining Walls, Fences e e e e e e e e e e Over 5' in Height Chain Link Fencing, e e e e e e e e e e Space-Board-type fencin ,etc. Setbacks for Gates 20' 20' 20' 20' 20' 20' 20' 20' 20' 24' Variances F f f f f f f f f F a; A fence Hermit is reaui red if fence is to be constructed in stream setback area or p ublic ri ght-of-wav. a-I : A b~rildin~ permit is required for fencing around swimming pools, fences over 6 feet in height, masonry wails and retaining walls. *h: 42" High. maximum fences allowed within front setback area *c: No fencing will conflict with the sight distance requirements set by the Public Works Department. *d: Fence height will be measured from the finished grade on the side nearest the street. e: Masonry Walls, Retaining Walls, Chain Link Fencing, Space Board-type fencing or similar fencing that creates a solid wall by either design or the accumulation of debris will not be allowed when located in or adjacent to a recognized floodplain. f: Requests for variances shall be made by application on such form as designated by the City Administrator and will be reviewed in accordance with Chapter 1.24. 17.57.030 -Fences in the Stream Setback Area A. Fences are prohibited inside a floodway as designated on the Federal insurance Rate Maps (FIRM) for the City of Central Point. However, some types offences and other improvements can be allowed within the recommended building setbacks for properties abutting a stream as long as they meet the following criteria: 1. A setback of flue feet (5') from the top of the stream bank is required for all fencing. This allows for periodic inspection of the creek channel by the City. 2. Gates that are installed between properties that border a creek shall be of a width no less than twelve feet (12'). 3. Irrigation systems constructed inside a floodway should be designed to allow far Public Works Vehicles to navigate in the setback area. 4. Irrigation systems, fencing or other objects and improvements that are darrzaged in a flood event within the City of Central Point's jurisdiction will not be replaced by the City. B. Prohibition of Fencing in the Stream Setback Area -Discussion: Fencing within the floodplain occurs frequently and can sig~~ificantly increase flood elevation. This is due to the fences collectia~g debris and effectively creating a dam. Limited fencing will be allowed within the floodplain provided that it does not create flow restrictions and allow for the free flow of water. The policies will not apply to Agricultural or Agricultural/Residential parcels greater than S acres, except where flood elevations are significantly impacted. C. Prohibition of Fencing in the Steam Setback Area -Policies: 1. Fencing will be prohibited within the floodway of a watercourse. Open fencing parallel to the flow direction may be allowed within the stream setback area on a case-by-case basis. 2. Fencing built within the steam setback area must be built in removable sections. Maximum width per section shall be no wider than 8 feet. 3. Fencing that consists of solid walls, creates a ban•ier impervious to stream flow or fencing that greatly restricts the passage of water will not be allowed. 4. Fencing outside the floodway but within the conveyance area of a watercourse will be restricted to the least flow-restrictive types of open fencing. 5. Fencing outside the conveyance area of a watercourse but within the 100- year floodplain will be restricted to fencing that allows the passage of water. 6. City may, at any time, for any reason, require removal of any fence placed in the stream setback area, with no compensation to the owner far the value of the fence. If removal is not accomplished by the owner within thirty days after city's written request therefore, city may effect removal and disposal, and assess the property for the costs thereof in the same manner as set forth in Section 8.08.030 of this code. 7. If existing circumstances make it reasonably necessary for city to remove a fence in the steam setback area without giving the property owner advance notice and an opportunity to remove the fence, city may effect removal and disposal, and assess the property for the costs thereof in the same manner as set forth in Section 8.08.030 of this section, the same as if the property owner had failed to remove the fence after due notice. 8. City shall not, under circumstances, be responsible for any damage resulting from city's removal of any fence placed in the stream setback area, whether such damage is to a fence, landscaping, underground sprinklers, any building or structure, loss of a pet, damage caused by a loose pet, ar any other damage whatsoever, including personal injury. 17.57.040 --Prohibited Fence Types: A. Barbed Wire Fencing or other like material, which creates an unreasonable ar unnecessary risk of injury. B. Block or retaining walls, which create impervious water barriers within a stream setback area. 17.57.OS0 -Violation -1'e~~alty: Any person violating any provision of this chapter will, upon conviction thereof, be subject to the general penalty. Upon discovering a~~y violation of the restrictions unposed by this chapter, except a violation of Section 12.20.020, it will be the duty of the City Administrator, or his designee, to give written notice of the violation to the person in possession and control of tl~e premises on which the offending fence exists or is being constructed, with a demand that the same be forthwith made to conform to this chapter. Upon receipt of such notice, the person responsible far the structure will be deemed to be guilty of a separate offense for each day during which the fence is thereafter permitted to exist in violation for the restrictions of this chapter. EXHIBIT `A': Proposed changes to Chapter 12.20 of the City of Central Point zoning code: Section 12.20.020 - B (1 &2} presently reads: B. Th_e following apply to fences placed in right-of wad: 1. Fences in right-of ways shall be subject to the regulations contained in Chapter 15.20 of this code. In applying the height limits of Chapter 15.20, such height limits shall apply to fences in the right-of way as if the fence in the right-of--way has been placed on the nearest property line. 2. No fence shall be placed in aright-of--way unless and until the person proposing to erect the fence has first obtained a fence permit under Chapter 15.20 of this code, and entered into a separate lease agreement with the City for the use of the space to be enclosed by the fence. Section 12.20.020 - B (I &2) will be chan~:ed to read: B. The following apply to fences placed in right-of-wad: 1. fences in right-of--ways shall be subject to the regulations contained in CHAPTER 17.57 of this code. In applying the height limits of CHAPTER 17.57, such height limits shall apply to fences in the right-off way as if the fence in the right-of way has been placed on the nearest property line. 2. No fence shall be placed in aright-of--way unless and until the person proposing to erect the fence has first obtained a fence permit under CHAPTER 17.57 of this code, and entered into a separate lease agreement with the City for the use of the space to be enclosed by the fence. Proposed changes to Chapter 15.20 of the City of Central Point Buildings & Construction Code: Chapter 15.24 -Fences will be eliminated in its entirety; with the exception of the following applications, per Section 15.20.020 of the City of Central Point zoning code as follows: