HomeMy WebLinkAboutOrdinance 1674ORDINANCE NO. /~n'77_
AN ORDINANCE AMENDING CHAPTER 15.20 OF THE
CENTRAL POINT MUNICIPAL CODE REGARDING FENCES
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS
FOLLOWS:
Chapter 1.5.20 of the Central Point Municipal Code relating
to fences is hereby amended t.o read as follows:
ChaQt_er_ 15.20
FENCE S_
Sections:
15.20.010 Chapter Application
15.20.020 Building Permit Required
15.20.030 Compliance with Height Limitations
15.20.040 Fence Height on Lots
15.20.050 Fence Height on Corner Lots
15.20.060 Fence Height on Through Lots
15.20.070 Barbed Wire, Dangerous or Unsightly Fences --
Written Notice to Owner
15.20.080 Violation -- Penalty
15._20.0].0 Chapter Application. This chapter shall apply
only to areas zoned residential. under the zoning ordinance of
this City. All of the provi.si.ons of Chapter 12.20 and Title 17
relating to the location and placement of fences are also
applicable to fences affected by th:Ls chapter; provided that the
special setbac]s requirements of Section 17.60.090 shall not apply
to fences.
15.20.020 Buildina Permit Reauired. No person shall
construct or reconstruct a fence on any property within the City
without first applying for and obtaining a building permit from
the City. Said application for building permit shall contain
sufficient information thereon to apprise the City of the nature
and position of the fence to be constructed and shall be
accompanied by a permit fee in the amount of five dollars. The
City shall grant said permit when said application is in
sufficient form and when said permit would not violate this
chapter or any other applicable law or ordinance of the City.
1 - ORDINANCE N0. 1 '1 (090892)
)? ~ - -- -
15.20 030__~~~crl.onz~lu conhr_ru~t~fzt Limitatinnz. I# is
un.J.awful f oz arz~ r ct ~ .fence in ~ iolak iorr of the
lirtzitations imposed by this chapter_ or `.Pule 17. For purposes of
this chapter and Title 17, "fence" shall include, .i.n add:i.~tiorz to
its usual meaning, free standing walJ.s, hedges and screen
nlarzti.r;gs.
15,_20._040_F~zaae_k3gicr~hj: ou Lots. The f.ollotaing sha]1 apply
to fences on all lots other thaxz cornez: lots or through. lots:
A. The maximum height f_or fences on, or along the front lot.
line shall be three and one--half feet.
P,. The maximum hei-ght: far fence:; on or along the side J..i.nes
from the frond: prop eaty l:i-rze t:o a point opposite the nearest
front corner of the main structure shall. be three and one-haJ.f
feet, and from tkze nearest front: corner of the main structure to
the bacl~ line of the lot, the maximum height shall be six feet.
C. The maximum height for, fences on or along the back to±.
line shall be six feet.
15_20._0.50 __Fence_I~E~ka1___on Corner Lots. For all. c;ornez:
lots, no fence on or along a property line sha.11 be kzigher than
six feet; provi.ded., however, that no fence shall be higher than
three and one-kzalf :Feet where sur..kz fence i.s within 20 feet of the
nearest street right-of-way J.ine.
7.5_?0.,_060.____ Lami_taC gns_on _Fences_on_ Tk:gouyh-_L~ots,. Through
lots are defined as lots having frontage on two paralJ.el or
approximately para11e1 streets other than alleys. In addition to
the provisions of Sec'r.i.on 1.5.20.010, the following sb.all apply to
fences on through lots:
A. Where the back lot line of a through lot is adjacent to
a Major Arterial or Secondary Art.eria.l, as i.denti.fied i-zz the
City`s Comprehensive Plan, rzo fence hi.gb.cr than three and one-
half feet. may be constructed on the bar.lt lot J.irzc t.uAless al J. of
the follow9.ng conditions are met:
1. The Major Arterial. or Secondary Arterial has a r.ut:b
and. gutter section adjacent to the property and 'the ri.ghf:-of-way
has been dedicated for the street. section as established in the
Comprehensive Plan or i-n a Master Transportation Plan.
2. Parking i.s prohibited along the curb of the Major
Arceri-al or Secondary Ar.teri.al adjacent to t:kze property where the
fence i.s proposed to be installed.
2 - ORDINANCE NO. ~ (090892)
3. No access or drivetaay curb cut has been installed
or is being used on the baclt lot line of the property. If an
access or curb cut is located thereon, such access shall be
removed before the issuance of a permit, at the expense of the
applicant.
4. The Public Works Director may impose any other
conditions reasonably relating to vision clearance and sight
distance for the surrounding intersections, driveways, streets
and accesses.
Written Notice_to_Owner. It i.s unlawf.ul, in i_he construction of
fences, to use barbed wire or other like material which creates
an unreasonable or unnecessary risl~ of injury, or to use
materials which are unsuitable for fencing or which are not
designed for exterior use or exposure to the elements and by
deterioration may create a hazard or become so unsightly as to
tend to irnpair the good order of the neighborhood and the
property values therein. All fences shall be designed and
constructed in a good and workmanJ.ike manner. If any fence
hereafter constructed is of such material or design that the City
Building Official in his judgment determines that it is in
violation of this section, he shall give written notice to the
person occupying the property on orhich the fence is situated,
designating the defect and requiring the correction thereof
within ten days. It shall then be the duty of the person so
notified to remedy the defect within said period or appeal to the
City Council. In the event of an appeal to the City Council, the
matter shall be set for hearing at the next regular meeting of
the Council and the City Administrator shall give notice thereof
to the person in control of the property. At said hearing, all
persons interested shall be given an opportunity to be heard and
the Council shall finally determine the matter. Any person who
fails to remedy any condition prohibited by this section wi.thi.n
ten days after receiving notice or after the final determination
of the matter shall, upon conviction thereof be subject to the
general penalty. After the expiration of said ten days, the
person responsible for the fence shall be deemed to be guilty of
a separate offense for each day during which the fenr.e shall
thereafter be permitted to exist in violation of this section.
15.20.080 Variance. A. Applications and Review. Requests
for fence variances shall be made by application on such form as
designated by the City Administrator and shall be reviewed in
accordance with Chapter 1.24.
B. Information Required. Variance applications shall be
accompanied by a legal description of the property, plans and
elevations necessary to show the proposed development., and an
application fee of 5200.
3 - ORDINANCE N0. f(o~ (090892)
C. Consideration for Granting Val'lanCP,S. A vaa:.iance rnap l;e
~,..
,,:anted iLf:i.zad.ing:s a.re made a.s follows:
7.. The strica application o:[ the prov:isi.ara o1`. this
chapter would result in unnecessary ha.rdskai.p; or
2. Tkae fo7.lowing considerations will. eitlAer resuli:
from a. granting of a. variance or the fol.low:irzg considerations d.o
not apply t:o the requested a.ppl:i.cation:
a. The variance wail provide advantages to the
neighborhood or the city;
b. The variance w:i.l.7. prvvide beaikta.ficat:i.on to the
neighborhood or the city;
c, The variance will pi_ov:id.e safety to the
~.-.eigk?borhvod or the city;
d. The va:ci.anae will provide protection to the
neighborhood or the city;
e. The vari.arice will not. have any adverse :impacts upvn
the neighborhood;
f. The variance wi.i]. uti.lire property Gaitlain tkar_
intent and purpose of the zone di.stri.c.t.
D. Co.nd:itions of Approval. In granting a variance; the
City map attach cond:itivns deemed appropriate in the part.i.cular
case in the interest of the pubi:i.e's kaealth, safety and general
welfare.
1.5.20.090 Vo].ati.on -- Penalty-. Aray person vi.olati.ng any
provision of this chapter skzall, upon conviction t;herco:E, be
subject to the general. penalty. tJpon disc.overi.ng any violation
of the resr.r:ictions imposed by this chapter, except a violat.:i_on
of 15.20.070, it shall be the duty vf_ the City Adrni.nistrator, o;r
his designee, to give written notice of said violat.9.on to t:hc:
person in possession andr.ontrvl of the premises on which the
offending fence exists or :i.s bei.ng corASt:cueted, with a demand
that the same be forthwith made to conform to this chapter. tJpon
rere:ipt of such notice, the pez:son responsible for the structure
shall be deemed to be guilty of. a ,separate offense f_or each day
duri.rig which the fence i.s ther_eafter permitted to exist: in
vio].at.i.on of tkae. restrictions of this chapter.
Passed by the Council and signed 7:>y me :i_n authent:icati.on of
its passage this //°~ day of ~l 1992.
NAa r Roger Westen:;ee
ATTL;ST:
City Re resen~
Approved by me this //e~`' d.a~~y''o~~f ~~r~,a.&,Oti ~ 1992,
~ayc~>lRoger_ Westensee
4 - ORDINANCE N0. I(o'1`~ (090892)