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