Myrtle Creek City Zoning Code
CHAPTER 18
80 FENCES, WALLS AND HEDGES
§ 18.80.010 Fences, walls and hedges.
To verify compliance with this title and other ordinances, a "certificate of plan check" is required on fences and walls of a height between 30 and 72 inches, inclusively. Application for such shall be submitted to the city planning and engineering department. There is no fee for a "certificate of plan check."
(Ord. 508 § 4.04.0, 1982)
§ 18.80.020 Fence height limitation.
Notwithstanding the provision for clear vision areas set forth in MCMC § 18.100.030, the height limitation for fences, walls and hedges shall be as follows:
(1)
Front Yard. The "front yard" is defined as the portion of a lot starting at the front property line extending to either the front projection of the house or 20 feet from the front property line whichever is the greater distance from the front property front line. A fence, wall, railing, or mature hedge erected, placed, or planted in or along the required front yard shall:
(a)
Not exceed a height of 30 inches above the ground level when of solid design. "Solid design" shall be defined as less than 50 percent open space (such as a solid board fence or brick/stone wall);
(b)
Not exceed a height of 48 inches above the ground level when more than 50 percent open space is maintained (such as chain link, decorative iron or picket fences). A picket fence shall be considered of open design when pickets are no more than four inches in width and are separated by a space equal to the width of each picket. Adequate open areas for clear vision shall be maintained for fences allowed under this subsection when the fence is located within eight feet of any adjacent driveway; and
(c)
Be allowed exceptions as set forth in subsection (3) of this section.
(2)
Behind Front Yard. A fence, wall, railing, or mature hedge located in the side yard or back yard behind the required front yard shall not exceed a height of six feet or 72 inches above the ground level except as allowed by subsection (3) of this section.
(3)
Exceptions.
(a)
The height limitations of this section do not apply to fences required by state law to surround and enclose school grounds, public grounds or other public reserve lands; and
(b)
The city administrator may authorize, where appropriate, the erection of fences, walls or hedges exceeding the applicable height limitations set forth in subsections (1) and (2) of this section, but not within the vision clearance area, to enclose a patio, swimming pool, garden supply, tool compound, or similar living, recreational or storage area or facility, and the fences and hedges enclosing it shall be considered as comprising an accessory use. The erection of fences exceeding 72 inches in height and certain walls are regulated by the building code and may require a building permit.
(Ord. 508 § 4.04.1, 1982; Ord. 841 § 1 (Exh. E), 2021)
§ 18.80.030 Hazardous materials prohibited.
No fence, wall or hedge shall contain barbed wire, electrical current or charge of electricity, broken glass or similar hazardous materials or devices except where allowed under the following conditions:
(1)
Electrically Charged Wire. Livestock may be contained by electrically charged wire, provided the electrically charged fence shall be set back one foot from, and enclosed by, a nonhazardous primary fence or barrier; and provided further, that fences containing electrical current shall be approved amperage and clearly identified by a warning sign. The property owner shall be responsible for observing safe fire protection practices by keeping the area around such electrically charged wire free of weeds and other flammable materials.
(2)
Barbed Wire. Livestock may be contained by barbed wire. Fences enclosing industrial storage areas may use barbed wire as long as such wire is located not less than six feet above grade.
(Ord. 508 § 4.04.2, 1982)
