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HomeMy WebLinkAboutOrdinance 5864 11/03/1997 . . . . . ORDINANCE NO. 5864 (EMERGENCY) AN ORDINANCE REGULATING FENCE HEIGHT AND MATERIALS BY AMENDING THE SPRINGFIELD DEVELOPMENT CODE ARTICLE 2 DEFINITIONS; ARTICLE 16 RESIDENTIAL ZONING DISTRICTS; ARTICLE 18 COMMERCIAL ZONING DISTRICTS; ARTICLE 20 INDUSTRIAL ZONING DISTRICTS; ARTICLE 21 CI CAMPUS INDUSTRIAL DISTRICT; ARTICLE 22 MS MEDICAL SERVICES DISTRICT; ARTICLE 23 PLO PUBLIC LAND AND OP~ISP ACE DISTRICT; ARTICLE 31 MINIMUM DEVELOPMENT STANDARDS AND SITE PLAN REVIEW STANDARDS; AND REGULATING THE MINIMUM AREA OF MANUFACTURED DWELLING PARKS BY AMENDING ARTICLE 36 MANUFACTURED DWELLING STANDARDS, AND DECLARING AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT: 1. The Springfield Development Code (SDC) was adopted by the Springfield City Council on May 5, 1986, and amendments thereto were subsequently adopted by Ordinance. 2. On October 21, 1997, the Springfield Planning Commission held a public hearing on this SDC amendment request (Jo. No. 97-10-226). The Springfield Planning Commission voted 5 in favor, 0 opposed, 2 absent, to recommend approval of these amendments to the City Council. 3. Findings in support of these amendments to the SDC are set forth in the Staff Report and the Recommendation to Council, Jo. No. 97-10-226, incorporated herein by reference. 4. Based on the above record and findings, the City Council concludes that the SDC amendments are consistent with the criteria of approval as set forth in the Staff Report and Recommendation to the Council, Jo. No. 97-10-226, incorporated herein by reference. Now therefore, based on the above findings, THE CITY OF SPRINGFIELD CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1: Section 2.020 is hereby amended by the addition of the following language as described below: NOISE SENSITIVE PROPERTY. Real property normally used for sleeping, or normally used for schools, churches, hospitals or public libraries, excepting industrially related residential uses, i.e., night watchman quarters. Section 2: Section 16.090 is hereby amended by the addition of the following language and the deletion of language designated as described below: ( 1 ) General. (a) Except as specified elsewhere in this Code, fences shall not exceed the height standards listed below and shall be located as follows: Ordinance No. 5864 Page 1 (Emergency) . . . , < 2. Four feet in the front yard setback if an unslatted chain-link fence is used or three feet in the front yard setback if a sight obscuring fence is used. 4. Eight feet for public utility facilities, school yards and playgrounds, provided that the fence is located behind the front yard and street side yard planted area and outside of the vision clearance area. Residential properties abutting these facilities, or residential property side and rear yards abutting streets with 4 or more travel hines, may have fences of equal height (eight feet) along common property lines and right of way. 5. Ten feet for resi4ential properties abutting commercial or industrial districts along common property lines, and around permitted storage areas-in residential districts. For purposes of this Section, yards of single family homes shall not constitute permitted storage areas. DELETED> (c) Every fence, whether or not approved as a result of Site Plan Review, shall be maintained. No fence shall be allowed to become or remain in a condition of disrepair including, but not limited to noticeable leaning or sagging, missing sections or substantial amounts of missing slats, broken supports and overgrowth of weeds or vines. ' (2) Review Procedure. Ordinance No. Page 2 (a) A construction permit shall be required only for fences over six feet in height. (b) Fences within the Willamette Greenway Setback area shall be reviewed under Type III procedure (Discretionary Use as provided in this Section and the provisions of Article 25). (c) Any fence located within a required setback, and which exceeds the allowable fence height for that setback by more than 20%, shall be reviewed under Type III procedure (Discretionary Use as provided in this Section). (d) Barb wire and electrified fencing on lots less than 20,000 square feet, and razor wire on any lot, regardless of size, shall be reviewed under Type III procedure (Discretionary Us~ as provided in this Section). On lots larger than 20,000 square feet, barb wire and electrified fencing (the latter to be identified with warning signs every 24 feet) shall be permitted. The Discretionary Use criteria of Section 10.030 of this Code shall not apply to fence requests. Instead, the following criteria shall apply: 1. The applicant has reasonably demonstrated a security problem exists at the site. Such demonstration shall include police reports, insurance claims paid, or affidavits from neighbors or tenants of the property corroborating the security problem; 5864 (Emergency) . . . . . . ' 2. Demonstration that the placement of the fence materials will not present a hazard or risk to the general public or neighboring properties; 3. Demonstration that the applicant has exhausted all other practical remedies to the demonstrated security problem such as sight obscuring screening, "unfriendly landscaping", lighting or alarms which might deter trespass on the subject property; or 4. Demonstration that the property is subject to noise found to exceed acceptable noise levels prescribed in the Oregon Administrative Rule or the Federal Highway Administration Noise Abatement Criteria as certified by an acoustical engineer registered in the State of Oregon. (e) The Planning Commission, based on the evidence presented, shall approve, modify or deny the request. The Planning Commission may further condition the request including, but not limited to imposition of the following conditions; establishing the extent of the site eligibie for such fencing, establishing minimum and maximum height requirements, setbacks from all property lines, and requiring specific fencing materials. Section 3: Section 18.100 is hereby amended by the addition of the following language and the deletion of language designated as described below: (1 ) General. DELETED> (c) Every fence, whether or not approved as a result of Site Plan Review, shall be maintained. No fence shall be allowed to become or remain in a condition of disrepair including, but not limited to noticeable leaning or sagging, missing sections or substantial amounts of missing slats, broken supports and overgrowth of weeds or vines. (d) Outdoor storage of materials shall be screened by a sight obscuring fence where abutting residential properties along common property lines. Partial screening along rights of way and non-residential zoning districts may be permitted when necessary for security. reasons. (2) Review Procedure. (a) A construction permit shall be required for all fences over six feet in height. , Section 4: Section 20.090 is hereby amended by the addition of the following language and the deletion of language designated as described below: (1 ) General. DELETED> (c) Every fence, whether or not approved as a result of Site Plan Review, shall be maintained. No fence shall be allowed to become or remain in a condition of disrepair including, but not limited to noticeable sagging, missing sections or Ordinance No. 5864 Page 3 (Emergency) . . . . , . substantial amounts of missing slats, broken supports and overgrowth of weeds or vines. (d) Outdoor storage of materials shall be screened by a sight obscuring fence where abutting residential properties along common property lines. Partial screening along rights of way and non-residential zoning districts may be permitted when necessary for security reasons. (2) Review Procedure. (a) A construction permit shall be required for all fences over six feet in height. Section 5: Section 21.100 is hereby amended by the addition of the following language and the deletion of language designated as described below: (1) General. DELETED> (e) Every fence, whether or not approved as a result of Site Plan Review, shall be maintained. No fence shall be allowed to become or remain in a condition of , disrepair including, but not limited to noticeable leaning or sagging, missing sections or substantial-amounts of missing slats, broken supports, and overgrowth of weeds and vines. (2) Review Procedure. (a) A construction permit shall be required for all fences over six feet in height. Section 6: Section 22.090 is hereby amended by the addition of the following language and the deletion of language designated as described below: (1) General. DELETED> (c) Every fence, whether or not approved as a result of Site Plan Review, shall be maintained. No fence shall be allowed to become or remain in a condition of disrepair including, but not limited to noticeable leaning or sagging, missing sections or substantial amounts of missing slats, broken supports, and overgrowth of weeds or vines. (2) Review Procedure. A construction permit shall be required for all fences over six feet in height. Section 7: Section 23.090 is hereby amended by the deletion of the language as described below: DELETED> (4) Every fence whether or not approved as a result of Site Plan Review, shall be maintained. No fence shall be allowed to become or remain in a condition of disrepair including, but not limited to noticeable leaning or sagging, missing Ordinance No. 5864 Page 4 (Emergency) . . . . . sections or substantial amounts of missing slats, broken supports and overgrowth of weeds and Vines. Section 8: Section 31.070 is hereby amended by the addition of the following language as described below: (5) Installation of a noise attenuating barrier, acoustical building construction and/or site modifications, or similar measures approved by an acoustical engineer registered in the State of Oregon, to minimize negative affects on noise sensitive property from noise found to exceed acceptable noise levels prescribed in the Oregon Administrative Rules or the Federal Highway Administration Noise Abatement Criteria. Section 9: Section 31.160 is hereby amended by the addition of the following language as described below: (1) Unless otherwise ~pecified in this Code, screening shall be required: (c) For outdoor storage yards and areas in non-residential districts abutting residential districts along common property lines. (e) For automobile wrecking and salvage yards. Section 10: Section 36.050 is hereby amended by the addition of the following language as described below: (1) New manufactured dwelling parks shall be located on land with an average slope of less than 10%. Areas with average slopes greater than 10% shall be retained as open space. Manufactured dwelling parks shall enclose a minimum development area of one acre. The determination of the average slope shall be based upon the best available information satisfactory to the City demonstrating the average slope at the time of the development application. The vacation, replatting, re.contouring, or other reconfiguration of land for the siting of manufactured homes, excluding those units constructed to the standards of the One and Two Family Structural Specialty Code adopted by the City of Springfield, shall not remove the siting prohibition set forth in this subsection. Subdivision of land for the purpose of siting manufactured homes or a combination of site built and manufactured homes is subject to the platting standards set forth in Article 35 of this Code. All manufactured homes sited in these new subdivisions shall be Type I. (2) Existing manufactured dwelling parks may expand onto adjacent land provided that the combined area of the existing development and the additional land total at least 1 acre. Section 11: It is hereby determined that matters pertaining to fence height and materials and the minimum development area of manufactured dwelling parks affect the public welfare of the City of Springfield and that an emergency exists, and that this ordinance shall therefore take effect immediately upon its passage by the Council and approval by the Mayor. Ordinance No. 5R64 Page 5 (Emergency) . . . . . ADOPTED bJ; the Common Council of the City of Springfield by a vote of ~ for and ~ against this ~ day of November, 1997. APPROVED by the Mayor of the City of Springfield this 3i'd day of November, 1997. ATTEST: stQ 0 SLQ. (JL)~I\.) City ~ corder - REVIEWED & APPROVED A~ FORM" \ ~,,", -.J ~~ DATE: DC." 12 Ct.. \ q -:1 OFFICI OF CITY ATft)RNEY Ordinance No. Page 6 (Emergency)