8.2. SR 09-17-2012 - Laserfiche WebLink

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i i The Applicable regulations: Section 30-796 (d) (2) c. Electric fences,barbed wire fences and barbless wire fences shall be permitted only in the A-1 and R-1a zoning districts when related to farming,but not as boundary fences. Section 30-1007 includes the requirement that the keeping of livestock(fences)is prohibited within 5 feet of any property line. Recognizing that barbed wire and electric fences can be dangerous, the ordinance establishes a five foot setback to protect adjacent property owners from harm and to protect adjacent property owners from animals grazing on property X significantly altering trees or other vegetation on property Y within reach. With a five foot setback, a person would have to actively take steps onto an adjacent property to touch the fence. On the property line, a person would merely need to fall onto the property line. On fences along a right of way line, this also would apply, as the ditches and the rights of way in rural areas are commonly used for recreation,including snowmobiling and ATV operations. Legal issue Mr. Neilson noted at the August 20 meeting that the city does not have jurisdiction to enforce the city j regulation when it applies to fences in agricultural uses. City Attorney Beck has reviewed the statute and it is his opinion that the statute does not preempt the city's right to adopt regulations regulating the type, size, and location of fences. Staff has identified four scenarios involving fences in agricultural.settings. 1. Internal property line. A single property owner owns adjacent two parcels in agricultural use. 2. External property line. Two different property owners own adjacent parcels in agricultural use. 3. Non Ag. An agriculture use abuts nonagricultural uses, commonly residential. 4. ROW line.An agriculture use abuts a public ROW line. The Moritz' appear to have all of these scenarios. This issue was originally raised by an area property owner who objected to their neighbor constructing a barbed wire fence on the property line. At the August 20 meeting, the fence was not installed. Since then, the city has verified that a barbed wire fence has been constructed within the 5-foot setback. Options The fence is currently illegal. To correct this issue, there are a number of options available to the City Council as identified by staff: 1. No change and enforce. Enforce the fence setback/construction requirement per Section 30-576, Violations,which may include a misdemeanor. 2. Amend the ordinance. Direct staff to draft an amendment to the fence setback or construction regulations to allow barbed wire type fences in one or several of the scenarios described above. NAPublic Bodies\City Council\Council RCA\Agenda Packet\09-17-2012\Moritz 9-17-12.docx