HomeMy WebLinkAboutOrdinance 1948ORDINANCE NO.�
AN ORDINANCE AMENDING SECTIONS 17.57.020, 17.57.030 AND 17.57.040 OF THE
CENTRAL POINT MUNICIPAL CODE REGARDING FENCES WITHIN FLOODPLAIN
Recitals:
A Pursuant to the requirements set forth in CPMC Section 17.075, the City has conducted
the following duly advertised public hearings to consider proposed amendments:
Planning Commission hearing on February 1, 2011.
2. City Council hearing on March 10, 2011.
B. At the public hearing on March 10, 2011, the City Council reviewed the staff report,
received the findings of the Central Point Planning Commission, and received public testimony
from all interested persons. Based upon all of the information received, the City Council adopts
the findings and conclusions set forth in the staff report dated March 10, 2011, and based upon
the same, the City Council finds that there is sufficient public need and justification for the
proposed text amendments.
C. The revisions to this ordinance are being made to bring the code into compliance with
the state model code for development within the Special Flood Hazard Area (SFHA), more
commonly referred to as the 100 -year floodplain.
C. The City Manager is directed to conduct post acknowledgement procedures defined in
ORS 197.610 et. Seq. upon adoption of the changes to the municipal code.
D. Words lined thF9UgI;,in the following ordinance are to be deleted and words in bold are
added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section1. Section 17.57.020 of the Central Point Municipal Code is amended to read:
17.57.020 General regulations.
A. Fence Permits. A fence permit is required for all fences constructed within
6ent-m-in-ted within a public right-of-way, per Section 12.20.020.. Fences in the floodplain are
regulated in accordance with the provisions established in Section 8.24.260(A) of the
municipal code.
B. Building Permits. A building permit for the following structures shall be 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 over 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 and Design Criteria.
Fence Regulations
R -L R-1
Fence Permit
a,
a,
Required
a-1
a-1
Front Yard
20'
20'
Setback For 6'
a,
a,
Fence
b
b
Side Yard 5' 5'
Setback
Rear Yard 01 0'
Setback
R-2
R-3
C -N
C -2(M)
C-4
C-5
M-1
M-2
a,
a,
a,
a,
a,
a,
a,
a,
a-1
a-1
a-1
a-1
a-1
a-1
a-1
a-1
20'
20'
20'
20'
20'
20'
20'
20'
b
b
b
b
b
b
b
b
5'
5'
5'
5'
5'
5'
5'
S'
0'
0'
0'
0'
0'
0'
0'
0'
10' 10' 10' 10' 10' 10' 10' 10' 10' 10'
Corner Lot
c c c c c c c c c c
Masonry Walls,
Retaining Walls, e e e e e e e e e e
Fences Over 6'
in Height
Chain Link
Fencing, Space- e e e e e e e e e e
Board -Type
Fencing, etc.
Setbacks for 20' 20' 20' 20' 20' 20' 20' 20' 20' 20'
Gates
Variances f f f f f f f f f f
a: A fence permit is required if fence is to be constructed in public right-of-way.
a-1: A building permit is required for fencing around swimming pools, fences over six
feet in height, masonry walls and retaining walls.
'`b: Forty -two -inch -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: 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 17.05.
(Ord. 1846 §2(part), 2003).
Section 2. Section 17.57.030 of the Central Point Municipal Code is amended to read:
17.57.030 Fences in the stream setback area.
X Fences are prohibited inside a floodways as designated on the Federal Insurance Rate
Maps (FIRMs) for the city of Central Point. However, some types of fences and other
improvements can be allowed within the recommended building setbacks for properties
abutting a stream : subject to the criteria set
forth in Section 8.24.260(A) of the Central Point Municipal Code.
1866 than twelve feet.
Q*
Section3. Section 17.57.040 of the Central Point Municipal Code is amended to read:
17.57.040 Prohibited fence types.
A. Barbed wire fencing or other like material, which creates an unreasonable or unnecessary
risk of injury.
B. Block or retaining walls, which create impervious water barriers within a stream setback area
as provided in Section 8.24.260. (Ord. 1846 §2(part), 2003).
Section 2.
Passed by the City Council and signed by me in authentication of its passage this
a y day of Jl_ —, 20 t-// /4 z
,
Mayor Hank Williams
ATTEST:
City Recorder
-I
NO 0 -M.
11101011.
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.
XTP.T-r-91MM
MR
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Section3. Section 17.57.040 of the Central Point Municipal Code is amended to read:
17.57.040 Prohibited fence types.
A. Barbed wire fencing or other like material, which creates an unreasonable or unnecessary
risk of injury.
B. Block or retaining walls, which create impervious water barriers within a stream setback area
as provided in Section 8.24.260. (Ord. 1846 §2(part), 2003).
Section 2.
Passed by the City Council and signed by me in authentication of its passage this
a y day of Jl_ —, 20 t-// /4 z
,
Mayor Hank Williams
ATTEST:
City Recorder