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Levan planning commission holds public hearing on small wording fix to fence visibility rule
Summary
At a Feb. 5 public hearing the Levan Planning & Zoning Commission collected comment on a proposed wording correction to a fence ordinance that would replace a period with "or," clarifying that interference with either traffic or visibility is prohibited; the commission will forward a recommendation to the city council for legal review.
LEBAN — The Levan Planning & Zoning Commission on Feb. 5 held a public hearing to gather comment on a proposed wording correction to a town ordinance about fences and sight lines.
Commission staff said the change is grammatical: replacing the period after "traffic" with "or" and making the following word lowercase so the sentence will read, in part, "Any fence, grading, planting, or construction that interferes with the traffic or visibility of those using streets, sidewalks, driveways, etcetera is prohibited." Unidentified Speaker 1, who moderated the hearing, said the correction is intended to reflect how the ordinance has been enforced in practice and to remove an apparent typo.
The change would be forward-looking, not retroactive. "It won't be enforced today," the moderator said when asked whether existing fences would have to be removed. The commission also told residents that any recommendation it makes will be reviewed by the town attorney and then considered by the city council at a future meeting.
Residents at the hearing said the rule has been enforced in the past and asked the commission to ensure enforcement is applied evenly. One attendee, Unidentified Speaker 4, questioned whether planning staff had identified this specific error and whether the commission was selectively prioritizing one ordinance over others. The moderator replied that the commission reviewed multiple ordinances in November and brought this one forward as part of routine review.
Amelia Jeffs, a resident, raised a related concern about trees on city property near her corner lot that she says obstruct sight lines. The moderator said tree trimming or removal is a separate matter but offered to follow up with staff after the hearing.
The commission also announced additional forthcoming ordinance reviews, including a public hearing on rules for "flag lots" and a separate review of powder (gunpowder) storage limits. No final action on the ordinance text was taken at the hearing itself; the commission moved to close the public hearing at the end of the session and a voice vote was recorded as "Aye." The recommendation will be forwarded to the city council, which will review the draft and the town attorney will vet the language before any adoption.
The hearing focused narrowly on the punctuation/wording change and procedural next steps rather than on new substantive policy; residents seeking enforcement or property-specific remedies were told those issues would be handled separately.
