068 of 2006 - Amending Section 21A.62.040 relating to definitions & Section 21A.40.120 relating to regulations of 0 06-1
P 04-27
(VERSION B)
SALT LAKE CITY ORDINANCE
No. 68 of 2006
(Amending Section 21A.62.040 Definitions and Section 21A.40.120 Fencing Regulations)
AN ORDINANCE AMENDING SECTION 21A.62.040, SALT LAKE CITY CODE,
RELATING TO DEFINITIONS, AND SECTION 21A.40.120, SALT LAKE CITY CODE,
RELATING TO REGULATIONS OF FENCES, WALLS AND HEDGES, PURSUANT TO
PETITION NOS. 400-04-20 AND 400-04-26.
WHEREAS, the City Council finds that the proposed amendments are in the best interest
of the City.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 21A.62.040, Salt Lake City Code, pertaining to definitions be,
and the same hereby is, amended to include the following definitions:
"Fence/opaque or solid" means an artificially constructed solid
or opaque barrier that blocks the transmission of at least
ninety-five percent (95%) of light and visibility through the
fence, and is erected to screen areas from public streets and
abutting properties.
"Fence/open" means an artificially constructed barrier that
blocks the transmission of a maximum of fifty percent (50%) of
light and visibility through the fence, and is erected to separate
private property from public rights of way and abutting
properties.
SECTION 2. That Section 21A.40.120, Salt Lake City Code, pertaining to
regulations of fences, walls and hedges be, and the same hereby is, amended to
read as follows:
21A.40.120 Regulation Of Fences, Walls And Hedges:
A. Purpose: Fences, walls and hedges serve properties by providing privacy and
security, defining private space and enhancing the design of individual sites. Fences also affect
the public by impacting the visual image of the streetscape and the overall character of
neighborhoods. The purpose of these regulations is to achieve a balance between the private
concerns for privacy, site design, and the public concern for enhancement of the community
appearance, and to ensure the provision of adequate light, air and public safety.
B. Location: All fences, walls or hedges shall be erected entirely within the property
lines of the property they are intended to serve.
C. Building Permit Required:
1. A no fee building permit shall be obtained prior to construction of any fence
that does not exceed six feet (6') in height and is not made of concrete or masonry or does not
require structural review under the International Building Code regulations. The permit is to
ensure compliance with adopted regulations.
2. A building permit and fee are required for fences and walls which exceed six
feet (6') in height and all fences or walls of any height that are constructed under the
International Building Code. The permit is to ensure compliance with all Zoning Ordinance
standards and requirements (location, height, types of materials) as well as to ensure that the
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structural integrity of the pilasters and foundation system which will be verified by plan review
and site inspection.
3. The application for a permit must include plans identifying the location and
height of the proposed fence or wall. If the fence or wall is constructed of masonry or concrete of
any height or exceeds six feet (6') in height, construction details showing horizontal and vertical
reinforcement and foundation details shall be shown on the plans.
4. The building permit fee for a fence will be a general permit fee based on
construction costs or valuation of the work.
5. Construction of any fence in the following districts shall also comply with the
additional fencing regulations found in the following sections of this title.
a. FP foothills protection district (21 A.32.040.I).
b. H historic preservation overlay district (21A.34.020.E), and
c. Foothill residential FR-1, FR-2 and FR-3 districts (21A.24.010.0).
D. Design Requirements:
1. Residential Districts (21A.24 Residential Districts):
a. Allowed Materials. Fences and walls shall be made of high quality,
durable materials that require low maintenance. Acceptable materials for a fence include: chain
link, wood, brick, masonry block, stone, tubular steel, wrought iron, vinyl, composite/recycled
materials (hardy board) or other manufactured material or combination of materials commonly
used for fencing.
b. Prohibited Materials. Fences and walls shall not be made of or contain:
i. Scrap materials such as scrap lumber and scrap metal.
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ii. Materials not typically used or designated/manufactured for
fencing such as metal roofing panels, corrugated or sheet metal, tarps or plywood.
2. Non-residential districts (21A.26.34 Commercial Districts, Manufacturing
Districts, Downtown Districts, Gateway Districts, Special Purpose Districts and Overlay
Districts:
a. Allowed Materials. Fences and walls shall be made of high quality,
durable materials that require minimal maintenance. Acceptable materials for fencing in non-
residential districts include, but are not limited to chain link,pre-woven chain link with slats,
wood, brick, tilt-up concrete, masonry block, stone, metal, composite/recycled materials or other
manufactured materials or combination of materials commonly used for fencing.
b. Prohibited Materials. Fences or walls in non-residential districts shall
not be constructed of or contain:
i. Scrap materials such as scrap lumber and scrap metal.
ii. Materials not typically used or designated/manufactured for
fencing such as metal roofing panels, corrugated or sheet metal, tarps or plywood.
E. Height Restrictions:
1. Standard for residential zoning districts: No fence, wall or hedge shall be
erected to a height in excess of four feet (4') between the front property line and the front façade
of the principal structure.
2. Standards for all zoning districts:
a. No solid fence, wall or hedge shall be erected to a height in excess of
three feet (3') if the fence, wall or hedge is located within the sight distance triangle extending
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thirty feet (30') of the intersection of the right-of-way lines on any corner lot as noted in figure
21A.62.050.I of this title.
b. Fences, walls or hedges may be erected in any required corner side yard
(extending to a point in line with the front façade of the principal structure), side yard or rear yard
to a height not to exceed six feet (6'). The zoning administrator may require either increased
fence setback or lower fence height along corner side yards to provide adequate line of sight for
driveways and alleys.
c. Solid fences, walls and hedges located near the intersection of a
driveway or an alley within the public way shall not exceed thirty inches (30") in height within a
ten foot (10') wide by ten foot (10') deep sight distance triangle as defined in figure 21A.62.050.I
of this title.
d. Within the area defined as a sight distance triangle, see-through fences
that are at least fifty percent (50%) open shall be allowed to a height of four feet(4').
e. To provide adequate line of sight for driveways and alleys, the Zoning
Administrator, in consulting with the Development Review Team, may require alternative design
solutions, including but not restricted to requiring increased fence setback and/or lower fence
height, to mitigate safety concerns created by the location of buildings, grade change or other pre-
existing conditions.
f. Measuring the height of a fence shall be from the established grade of
the site as defined in part VI chapter 21A.62.040 of this title.
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g. Special Exception Approval Standards: The Board of Adjustment may
approve taller fencing if the board finds that the extra height is necessary for the security of the
property in question as defined in part VI, chapter 21A.52.100 of this title.
F. General Requirements:
1. Except when constructed of materials that have been designed or manufactured
to remain untreated, all fences or walls shall periodically be treated with paint or chemicals so as
to retard deterioration.
2. Fences or walls shall be constructed with good workmanship and shall be
secured to the ground or supporting area in a substantial manner and engineered so that the
structure of columns or posts and the material used for the intervening panels are adequately
constructed to support the materials and withstand wind loads.
3. All fences or walls (including entrance and exit gates) shall be maintained in
good repair, free of graffiti, structurally sound, so as to not pose a threat to public health, safety,
and welfare.
G. Exceptions: Pillars shall be allowed to extend up to eighteen inches (18") above the
allowable height of a fence or wall; provided, that the pillars shall have a maximum diameter or
width of no more than eighteen inches (18"); and provided, that the pillars shall have a minimum
spacing of no less than six feet (6'), measured face to face.
H. Encroachments: Encroachments into the site distance triangle for driveways as
defined and illustrated in part VI, chapter 21A.62 of this title, may be approved by the zoning
administrator. This regulation shall also apply to site distance triangles for alleys.
I. Barbed Wire Fences:
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1. Permitted Use: Barbed wire fencing is allowed as a permitted use in the AG,
AG-2, AG-5, AG-20, A, CG, M-1, M-2 and D-2 districts.
2. Special Exception: Barbed wire fencing may be approved for nonresidential
uses as a special exception pursuant to part V, chapter 21A.52 of this title, in all zoning districts
except for those listed above as permitted uses. The board of adjustment may approve as special
exceptions, the placement of barbed wire fences, for security reasons, or for the keeping of
animals around nonresidential properties, transformer stations, microwave stations, construction
sites or other similar publicly necessary or dangerous sites, provided the requested fence is not in
any residential district and is not on or near the property line of a lot which is occupied as a place
of residence.
3. Location Requirements: Barbed wire fencing shall not be allowed in required
front yard setbacks nor along frontages on streets defined as gateway streets in Salt Lake City's
adopted urban design element master plan.
4. Special Design Regulations: No strand of barbed wire shall be permitted less
than six feet (6') high. No more than three (3) strands of barbed wire are permitted. The barbed
wire strands shall not slant outward from the fence more than sixty degrees (60°) from a vertical
line. No barbed wire strand shall project over public property. If the barbed wire proposed slants
outward over adjoining private property the applicant must submit written consent from
adjoining property owner agreeing to such a projection over the property line.
5. Special Exception Approval Standards: The board of adjustment may approve,
as a special exception, the building permit for a barbed wire fence if the zoning administrator
finds that the applicant has shown that the fence is reasonably necessary for security in that it
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protects people from dangerous sites and conditions such as transformer stations, microwave
station or construction sites.
J. Razor Wire Fences:
1. Special Exception: Razor wire fencing may be approved for nonresidential uses
as a special exception pursuant to part V, chapter 21A.52 of this title, in the A, CG, D-2, M-1 and
M-2 zoning districts. The board of adjustment may approve as a special exception the placement
of razor wire fences, for security reasons, around commercial or industrial uses, transformer
stations, microwave stations, or other similar public necessity or dangerous sites; provided, that
the requested fence is not on the property line of a lot which is occupied as a place of residence.
2. Location Requirements: Razor wire fencing shall not be allowed in required
front or corner side yard setback.
3. Special Design Regulations: No strand of razor wire shall be permitted on a
fence that is less than seven feet (7') high. Razor wire coils shall not exceed eighteen inches (18")
in diameter and must slant inward from the fence to which the razor wire is being attached.
4. Special Exception Approved Standards: The board of adjustment may approve
razor wire fencing if the board finds that the applicant has shown that razor wire is necessary for
the security of the property in question.
K. Exemption: The Airport District "A" is exempt from all Zoning Ordinance fence
regulations. The Department of Airports has administrative authority to regulate and approve
fencing within the "A" Airport District. All fencing that the Department of Airports requires of
its clients within the "A" District is subject to review and approval by the Airport.
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SECTION 3. This ordinance shall take effect immediately upon the date of its first
publication. .
Passed by the City Council of Salt Lake City, Utah this /- day of -CY/- ,
2006.
,(T:Z____y
CHAIRPERSON
ATTEST:
CHIEF DEPUTY TY RECORD
Transmitted to Mayor on September 12, 2006 .
Mayor's Action: Approved. Vetoed.
MAYOR
ATTEST:
APPROVED AS TO FORM
_ A.J.1 4g/ .A • 'AP- . Salt Lake City Attorneys Office
C IEF DEPUT C r REC L RDER _.. .._ �,,,• Data �Q 2006
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Bill No. 68 of 2006.
Published: September 22., 2006
I:\Ordinance 05\Amending 21A.62.040 Definitions and 21A.40.120 Fencing Regulations Version B-01-20-06 clean.doc
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