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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/03/2006 - SECOND READING OF ORDINANCE NO. 139, 2006, AMENDIN ITEM NUMBER: 7 AGENDA ITEM SUMMARY DATE: October 3, 2006 FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss SUBJECT Second Reading of Ordinance No. 139, 2006, Amending Land Use Code Sections 3.8.7(a)(3)(C) Regarding Amortization of Nonconforming Signs and 3.8.11(b) Regarding Fencing. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 5, 2006, changes the amortization period from 5 years to 7 years for nonconforming permanent signs located on properties annexed into the City and allows barbed wire fences and electrically charged fences used for livestock and pasture management in UE and RUL zones. ORDINANCE NO. 139, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING LAND USE CODE SECTIONS 3.8.7(A)(3)(c) REGARDING AMORTIZATION OF NONCONFORMING SIGNS AND 3.8.11(B) REGARDING FENCING WHEREAS, the sign provisions of the Land Use Code currently require that all nonconforming signs must be removed or brought into compliance with City regulations within five years from the date of annexation; and WHEREAS, because of delays in the implementation of the Larimer County Sign Code for unincorporated areas of the County,the Council has determined that it is necessary,in order to lessen the economic impact of the amortization of nonconforming signs, that the time period be extended from five years to seven years for the amortization of nonconforming signs on properties annexed into the City; and WHEREAS,the Land Use Code currently allows barbed wire fencing only in the Industrial and Employment Zone Districts; and WHEREAS, exterior storage yards associated with uses that might locate in such zone districts may have special security needs that can be addressed with the use of barbed wire fencing; and WHEREAS, large lot residential and agricultural properties in the City that have been annexed over the years may often need barbed wire or electrically charged fencing, which fencing may have been erected prior to annexation; and WHEREAS,barbed wire and electrically charged fences may also be needed for managing the livestock and pasture areas that have existed on such properties for many years; and WHEREAS, City staff has recommended that the Land Use Code be amended to allow limited use of barbed wire and electrically charged fencing in the Urban Estate,Foothills Residential and Rural Lands Zone Districts, which are the three zones in the City which permit farm animals. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 3.8.7(A)(3)(c)of the Land Use Code is hereby amended to read as follows: (3) Nonconforming Signs. (c) Except as provided in subsection (d) below, all existing nonconforming signs located on property annexed to the city shall be removed or made to conform to the provisions of this Article no later than seven (7) years after the effective date of such annexation; provided, however, that during said seven-year period, such signs shall be maintained in good condition and shall be subject to the same limitations contained in subparagraphs (b)(1) through (b)(6) above. This subsection shall not apply to off-premise signs which are within the ambit of the just compensation provisions of the Federal Highway Beautification Act and the Colorado Outdoor Advertising Act. Section 2. That Section 3.8.11(B) of the Land Use Code is hereby amended to read as follows: (B) Materials: Chain link fencing with or without slats shall not be used as a fencing material for screening purposes. Except as permitted below,no barbed wire or other sharp-pointed fence and no electrically charged fence shall be installed or used in any zone districts. (1) In the Urban Estate (U-E), Rural Land (R-U-L), and Foothills Residential(R-F)districts,barbed wire and portable electrically charged fencing may be used for the purpose of livestock and pasture management. Electrically charged fencing must be used within permanent fencing. Electrically charged fencing that is located along any public right-of-way shall contain signage that identifies it as being electrically charged. Such signage shall occur every three hundred(300) feet and be a minimum of thirty six(36)square inches in area. All electrically charged fencing shall be limited to low impedance, commercially available electric fence energizers using an interrupted flow of current at intervals of about one (1) second on and two(2) seconds off and shall be limited to two thousand six hundred(2600)volts at a five hundred(500) ohm load at seventeen(17)milliamperes current. All electric fences and appliances,equipment,and materials used shall be listed or labeled by a qualified testing agency and shall be installed in accordance with manufacturer's specifications and in compliance with the National Electrical Code, 1981 Edition NFPA 701981. (2) In the Employment(E)District and the Industrial(1)District, the Director may grant a revocable use permit that must be renewed every three(3)years for installation of security arms and barbed wire strands atop protective fences or walls, provided that the following conditions are met: the lowest strand of barbed wire must be maintained at least ten(10) feet above the adjoining ground level outside the fence; exterior area security lighting controlled by an automatic light level switch must be installed and maintained in good operating condition;and such lighting must be directed into the site and not outward toward the perimeter. Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D. 2006, and to be presented for final passage o 3rd day of October,A.D. 2006. F May r ' ATTEST: City Clerk Passed and adopted on final reading on the 3rd day of Octo ber, A.D. 2006. P g Y , Mayor ATTEST: City Clerk