Chapter 17.57
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   Chapter application.

This chapter will apply to all zone classifications within the city as listed in this title.  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. 1846 §2(part), 2003).

17.57.020   General regulations.

A.  Fence Permits.  A fence permit is required for all fences constructed 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).

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

R-2

R-3

C-N

C-2(M)

C-4

C-5

M-1

M-2

Fence Permit Required

a,

a-1

a,

a-1

a,

a-1

a,

a-1

a,

a-1

a,

a-1

a,

a-1

a,

a-1

a,

a-1

a,

a-1

Front Yard Setback For 6' Fence

20'

b

20'

b

20'

b

20'

b

20'

b

20'

b

20'

b

20'

b

20'

b

20'

b

Side Yard Setback

5'

5'

5'

5'

5'

5'

5'

5'

5'

5'

Rear Yard Setback

0'

0'

0'

0'

0'

0'

0'

0'

0'

0'

Corner Lot

10'

c

10'

c

10'

c

10'

c

10'

c

10'

c

10'

c

10'

c

10'

c

10'

c

Masonry Walls, Retaining Walls, Fences Over 6' in Height

e

e

e

e

e

e

e

e

e

e

Chain Link Fencing, Space-Board-Type Fencing, etc.

e

e

e

e

e

e

e

e

e

e

Setbacks for Gates

20'

20'

20'

20'

20'

20'

20'

20'

20'

20'

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:  See Section 8.24.260(A) for specific fence construction standards for fences 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 17.05.

(Ord. 1948 §1, 2011; Ord. 1846 §2(part), 2003).

17.57.030   Fences in the stream setback area.

Fences are prohibited inside 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).  (Ord. 1948 §2, 2011; Ord. 1846 §2(part), 2003).

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. 1948 §3, 2011; Ord. 1846 §2(part), 2003).

17.57.050   Violation--Penalty.

Any person violating any provision of this chapter will, upon conviction thereof, be subject to the general penalty.  Upon discovering any violation of the restrictions imposed 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 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 of this chapter.  (Ord. 1846 §2(part), 2003).