7.5. SR 10-20-2014 - Laserfiche WebLink

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Ells -Wft _ Request for Action River To Item Number Mayor and City Council 7.5 Agenda Section Meeting Date Prepared by Public Hearinj October 20,2014 Zack Carlton,Planner I Item Description Reviewed by Ordinance Amendment Modifying Fencing Jeremy Barnhart,Deputy Director CODD Regulations for Agricultural Uses Reviewed by Cal Portner, City Administrator Action Requested Adopt, by motion,an ordinance amending Section 30-976, entitled "fences;visibility at intersections and driveways" and Section 30-1007, entitled"accessory structures"in order to modify agricultural fencing requirements. Background/Discussion Case No. OA 14-08 Inconsistencies between state statutes and our ordinances were identified during recent litigation proceedings. The court's summary judgment declared sections 30-796 (d)(2)(c) and 30-1007 to be unenforceable. The following changes are intended to bring our ordinances in line with current state statutes. Sec. 30-796 permits electric fences, barbed wire fences, and barbless wire fences in the A-1 and R-1a zoning district when related to farming,but not as a boundary fence. The requirement to limit fencing styles for non-boundary fences was found to be in conflict with state statutes. The proposed amendment removes the prohibition,permitting the use of electric, barbed, and barbless fences as a boundary fence. Sec. 30-1007 regulates setbacks of accessory structures and fences in all residential districts. The regulations in footnotes two and three identify setbacks for livestock/agricultural animals in residential districts. The judgment states that a setback for these fences is in conflict with state statutes and that livestock fences are permitted to be located on the property line. The amendment removes the setback requirement for livestock fences. Planning Commission The Planning Commission expressed concern over the changes to Sec. 30-1007, specifically that proposed changes did not properly address the court's decision regarding the setback for livestock fences. After speaking with the City Attorney, the ordinance amendment was changed to remove the word "(fence)"in footnotes two and three. The proposed change affects the city's policy on the keeping of agricultural animals/livestock. The intent of the current ordinance is to protect adjacent property owners from a potential nuisance due to the keeping of agricultural animals in residential districts. The ordinance previously regulated fencing to establish the livestock setback,and the new ordinance regulates the use itself. P O w E 6 E U A Y Template Updated 4/14 INAWR