Central Point City Zoning Code
CHAPTER 17
57 FENCES
§ 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 Chapters 12.20 and 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; Ord. 1981 § 2 (Exh. B) (part), 2014; Ord. 2120 § 13, 2024)
§ 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 2023 Oregon Residential Specialty Code; and the 2022 Oregon Structural Specialty Code.
2.
Retaining walls supporting a regulated building or restraining material that, if not restrained, could impact a regulated building.
3.
Electrified fences, any height, except where the code provides otherwise.
C.
Setbacks and Design Criteria.
Table 17.57.01 – Fence Regulations | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
R-L | R-1 | R-2 | R-3 | C-N | C-4 | C-5 | M-1 | M-2 | Civic | |
Maximum Fence Height | 6' | 6' | 6' | 6' | 6' | 6' | 6' | 8' | 8' | h |
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 Fences 6' and Greater | 20' b | 20' b | 20' b | 20' b | 20' b | 20' b | 20' b | 20' b | 20' b | 20' |
Side Yard Setback | 0' | 0' | 0' | 0' | 0' | 0' | 0' | 0' | 0' | 0' |
Rear Yard Setback | 0' | 0' | 0' | 0' | 0' | 0' | 0' | 0' | 0' | 0' |
Corner Lot With a Public Utility Easement (PUE) Without a PUE | 10' 5', c | 10' 5', c | 10' 5', c | 10' 5', c | c g | c g | c g | c g | c g | c g |
Masonry Walls, Retaining Walls, Fences Over 6' in Height | e | e | e | e | e | e | e | e | e | e |
Fences in Floodplain or Drainage Easements | 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: An encroachment permit is required for fences constructed in the public right-of-way. |
a-1: A building permit is required for fencing around swimming pools. |
b: Forty-two-inch-high maximum fence height allowed within front yard setback area. |
c: No fencing will conflict with the sight distance requirements set by Section 17.60.110 and Chapter 17.60. |
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. No fence shall impede or divert the flow of water through any drainage easement unless it can be determined that the fence will not adversely impact any property owner and will not adversely impact the overall drainage system. |
f: Requests for exceptions to the standards in Table 17.57.01 shall be made by application in accordance with Chapter 17.13. |
g. Corner setback shall be the street frontage minimum planting area width based on street classification pursuant to Section 17.75.039(G), Table 17.75.03. |
h. The maximum fence height for public facility, school and utility uses as defined in Section 17.08.410(F)(3), (F)(5), and (F)(6) shall be eight feet. All other uses shall have a six-foot maximum fence height. |
(Ord. 1846 § 2(part), 2003; Ord. 1948 § 1, 2011; Ord. 1969 § 1(part), 2013; Ord. 1981 § 2 (Exh. B) (part), 2014; Ord. 2014 § 8, 2015; Ord. 2120 § 13, 2024)
§ 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. 1846 § 2(part), 2003; Ord. 1948 § 2, 2011; Ord. 2120 § 13, 2024)
§ 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.
C.
It shall be unlawful to install, maintain or operate an electrified fence in violation of this section. The construction and use of electrified fences shall be allowed in the city only as provided in this section, and Sections 17.57.010 through 17.57.030 subject to the following standards. For purposes of this section an electrified fence is any fence, barrier or enclosure partially or totally enclosing a building, field or yard carrying any electrical pulse or charge through any part, section or element thereof. "Electrified fence" does not include underground wireless fencing (invisible fencing) which consists of an electronic system that uses a buried wire and radio signal to keep dogs or other animals from leaving the yard, which is permitted in any zone. "Electrified fence" does not include a battery charged fence, as defined in Section 17.57.045.
1.
Electrified fences shall be permitted in the M-1 and M-2 zone subject to compliance with the standards below. Electrified fences are prohibited in all other zones.
2.
Permitted electrified fences shall comply with the following:
a.
Permits Required. Electrified fences shall only be installed under a permit issued by the building department. Prior to initially energizing an electrified fence, the property owner or owner's agent shall contact the fire department to ensure fire officials inspect the premises for compliance and the location is added to the fire department's electrified fence registration list.
b.
Electrification. The electric charge produced by the fence upon contact shall be non-lethal, and shall not exceed the energizer characteristics set forth in the International Electrotechnical Commission (IEC) Standard No. 60335-2-76, 2018 Edition. All electrical components shall bear the label of a testing agency recognized by the State of Oregon Department of Consumer and Business Services, Building Codes Division. The electrified fence shall be installed and used in accordance with the Oregon Electrical Specialty Code and Oregon Structural Specialty Code, the listing, and the manufacturer's installation instructions.
i.
The energizer for electrified fences shall be driven by a commercial storage battery or batteries not to exceed twelve volts DC. The storage battery or batteries may be charged either by a solar panel, or a commercial trickle charger, or a combination of both. AC current shall not be used to energize any electrified fence.
c.
Fence Details. Electrified fences shall be constructed in the following manner:
i.
Maximum Height. Electrified fences shall not exceed eight feet in height.
ii.
Perimeter Fence. No electrified fence shall be installed or used unless it is completely surrounded by a nonelectrified perimeter fence in order to separate the electrified fence from the abutting property line and right-of-way. The nonelectrified perimeter fence shall be installed under the regulations and height limitations in this chapter. The minimum height for the nonelectrified perimeter fence shall be six feet. The electrified and nonelectrified perimeter fence shall be separated by no more than twelve inches.
iii.
Setbacks. Electrified fences shall not be located in the front yard setback, required landscaping areas, or required bufferyard areas. No electrified fence shall be installed within twelve inches/feet of a property line.
iv.
Fence Standards in Conjunction With a Bufferyard. When a bufferyard exists, the applicant shall provide photographs of the existing fence or wall and vegetation. When a bufferyard does not exist and is required under current code, the nonelectrified fence or wall shall be of solid construction (e.g., wood, concrete, masonry block) and the minimum height shall be eight feet and can be located at the property line.
d.
Warning Signs. Electrified fences shall be clearly identified with warning signs in English and in Spanish that read: "Warning–Electric Fence" and include the international symbol for an electrical hazard at intervals not to exceed thirty feet. The warning signs shall be mounted on both sides of the electrified fence. The signs shall be reflective with a minimum two-inch letter height, minimum stroke of one-half inch and with a contrasting background.
e.
Emergency Access. Fire Department access shall be provided in accordance with the fire code and the Oregon Structural Specialty Code. When a vehicle gate opens automatically, it shall open using a sensing device approved by the fire department. The vehicle gate shall provide a means for the fire department to egress through the gate. Power to the electrified fence, excluding gate opening controls, shall be deactivated upon automatic fire department access through the gate. In addition, an approved Knox key box or approved equivalent shall be provided at an exterior location for any keyed locks or keyed gates for immediate emergency access necessary for life-saving or fire-fighting purposes. An approved method to manually disconnect electrical power to all portions of the fence and gates, such as a "Knox Remote Shunt Control Station," shall be provided at an exterior location. The method and location of both the key box and the electrical disconnect shall be approved by the Central Point fire code official.
f.
Hours of Operation. An electrified fence shall only be energized during the hours when the general public does not have legal access to the protected property.
g.
Surveillance. Electrified fences shall be part of a functioning security system and monitored twenty-four hours a day.
h.
Compliance. In addition to the remedies set forth in Section 17.57.050, failure to maintain an electrified fence in conformance with the standards set forth in this section may result in the fence being declared a public nuisance subject to abatement under Chapter 8.04.
(Ord. 1846 § 2(part), 2003; Ord. 1948 § 3, 2011; Ord. 2120 § 13, 2024)
§ 17.57.045 Battery-charged fence.
A.
Definitions.
1.
A "battery charged fence"
means a fence that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to an intrusion and has an energizer that is driven by battery.
2.
An "alarm system"
means any electrical, mechanical or electronic device or sensor used to prevent, detect or alert law enforcement or occupants of burglary, theft, or intrusion of a structure or a vehicle used as a commercial structure.
B.
Standards.
1.
A battery-charged fence:
a.
Must use a battery that is not more than twelve volts of direct current;
b.
Must produce an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by International Electrotechnical Commission (IEC) standards;
c.
Must be surrounded by a nonelectric perimeter fence or wall that is not less than five feet in height;
d.
May not be higher than the greater of eight feet in height or two feet higher than the height of the nonelectric perimeter fence or wall, whichever is less;
e.
Must be marked with conspicuous warning signs that are located on the fence at not more than thirty-foot intervals and that read: "WARNING: ELECTRIC FENCE";
f.
Shall not be installed in any property zoned for, or in use as, residential property; and
g.
Must obtain an alarm permit from the city if such permit requirements exist.
(Ord. 2120 § 13, 2024)
§ 17.57.050 Violation–Penalty.
Upon discovering any violation of the restrictions imposed by this chapter, except a violation of Section 12.20.020, enforcement will be governed by the provisions of Section 17.04.090.
(Ord. 1846 § 2(part), 2003; Ord. 1969 § 1(part), 2013; Ord. 2120 § 13, 2024)
