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HomeMy WebLinkAboutOrdinance 1846ORDINANCE NO. ~' ~ ~ ~. AN ORDINANCE AMENDING TITLE 12.20, TITLE 15.20 AND TITLE 17.57 OF THE CENTRAL POINT MUNICIPAL CODE, PLACING FENCE REGULATIONS IN THE ZONING CODE TO BETTER MEET FEDERAL FLOOD PREVENTION REQUIREMENTS, SIMPLIFY ENFORCEMENT AND CREATE INTERNAL CODE CONSISTENCY RECITIALS: 1. The City of Central Point ("City") is authorized under Oregon Revised Statute (ORS) Chapter 197 to prepare and adopt comprehensive plans and implementing ordinances consistent with the Statewide Land Use Planning Goals. 2. The City has coordinated its planning efforts with the State in accordance with ORS 197.040 (e) and OAR660-030-0060 to assure compliance with goals and compatibility with City and County Comprehensive Plans. 3. Pursuant to authority granted by the City charter and the Oregon Revised Statutes, the City has determined to amend the Central Point Obstruction of Streets Code, Buildings and Construction Code and Zoning Code which was originally adopted on August 29, 1980, and has been amended at various times since then. 4. Pursuant to the requirements set fort in CPMC Chapter 1.24 and Chapter 17.96, the City has conducted the following duly advertised public hearings to consider the proposed amendments: 2003. (a) Planning Commission hearings on November 4, 2003 and December 2, (b) City Council hearings on January 22, 2004 and February 12, 2004. Now, therefore; THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. At its public hearing on January 22, 2004, the City Council received the findings of the Planning Commission, received the City Staff Report, and received public testimony from all interested persons. Based upon all the information received the City Council adopts the findings and conclusions set forth in the new fence ordinance proposal, Applicable Review Criteria, and based upon the same, the City Council finds that there is sufficient public need and justification for the proposed changes, and the proposed changes are hereby adopted entirely. I -Ordinance No. /g ~lP (1222004) Section 2. The City Obstruction of Streets Code; Buildings and Construction Code and Zoning Code are hereby amended as set forth on Exhibit "A", with changes through February 12, 2004, including all attachment to said exhibit, which are attached hereto and by this reference incorporated herein. Section 3. The City Administrator is directed to conduct post acknowledgment procedures defined in ORS 197.610 et seq. upon adoption of the changes to the streets, building and zoning text. Passed by the Council and signed by me in authentication of its passage this -lam--day of ~~ ru~_ 2003. f ~, Mayor Hank Williams ATTEST: _z~ City Recorder ~~ Approved by me this I~ ~ day of ~~ , 2004. Mayor Hank Williams 2 -Ordinance No. ~ gy(o (1222004) 1;xH1Brr °A~: Proposed changes to Chapter 12.20 ofthe City of Central Point zoning code: Section 12.20.020 - B (t &2) presently reads: B. The following apply to.fences nlaced in right. of-ways: 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 ofChapter 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 a right-of-way unless and rmtil 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 changed to read: B. The following apply to fences placed in right-of--ways 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 ofCHAPTEK 17.57, 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 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 15.20 -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: Ct~~tcr_ 1,7,57 Fences Sections: 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 17.57.050 Violation -Penalty 17.57.010 Chanter Application: This chapter will apply to all cone 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 of fences 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 for all fences constructed within a public right-of--way, per CPMC Title 12.20.020. 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 deparrtment 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 & Design Criteria: Fence Regulations R-I, R-1 R-2 12-3 CN C-2pn) C-4 GS M-1 M-2 Fence Permit Required a, a, a, a, a, a, a, -- - a, a, a. ~I a-I a-1 a-1 a-1 a-I a-I a-1 a-] a-I a-1 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 Y 5' _ 5' S 5' S' 5' S' Y 5' Rear Yard Setback 0' 0' _0' 0` 0' _ 0' _ 0' 0' 0' _ _ 0 ' Comer Lot ] 0' ] 0' 10' l0' _ ] 0' _ 10' _ 10' 10' I O' _ 10' c c c c c c c c c c Masonry Walls, Retaining Walls, Fences e e e e e e e c e e Over 6' in Heitht Chain Link Fencing, e e e e e e e c e e Space-Board-type fencin ,etc. Setbacks for Cates 20' 20' 20' 20' 20' 20' 20' 20' 20' 20' Variances F f f f f f f f f P a: A fence permit is required if fence is to be constructed in stream setback area or public right-of=-way. a-1: A building permit is required for fencing around swimming pools, fences over 6 feet in height, masonry walls and retaining walls. 'gib: 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 five 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. Inrigation systems constructed inside a floodway should be designed to allow for Public Works Vehicles to navigate in the setback area. 4. Irrigation systems, fencing or other objects and improvements that are damaged 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 fi-equcntly and can significantly increase flood elevation. This is due to the fences collecting 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 AgriculturaUResidential parcels greater than 5 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 maybe allowed within the sh~eam 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 barrier 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 ] 00- 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 for 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, or any other damage whatsoever, including personal injury. 17.57.040 -Prohibited Fence Tvpes: 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. 17.57.050 - Violarion- Penal: Any person violating any provision ofthis chapter will, upon conviction thereof; be subject to the general penalty. Upon discovering any vio]ation of the restrictions imposed by Yhis chapter, except a violation of Section 12.20.020, it will be the duty of fhc City Administrator, or his designee, to give written notice of the violation to the person in possession and control of the 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 for 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 ofthis chapter.