HomeMy WebLinkAboutOrdinance 5864 11/03/1997
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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:
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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.
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(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;
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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
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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
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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.
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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
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