Entity Staff Report - 8/20/2021COUNCIL STAFF
REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Nick Tarbet, Policy Analyst
DATE: August 17, 2021
RE: Text amendment: Fence, Wall and
Hedge Height
PLNPCM2020-00511
PROJECT TIMELINE:
Briefing August 17, 2021
Set Date: August 17, 2021
Public Hearing: Sept 7, 2021
Potential Action: Sept 21, 2021
ISSUE AT-A-GLANCE
The Council will receive a briefing about a proposal that would amend the zoning ordinance
regulations to remove the Special Exception process that allows for over-height fences and define
instances where a taller fence may be appropriate and approved by right. If approved, the Planning
Commission or Historic Landmark Commission will be able to modify fence, wall, or hedge height as
part of their approval of a use application in order to mitigate impacts according to the approval
standards for the applicable land use application, such as the conditional use process.
The proposed amendments would limit fence, wall, and hedge height to four feet (4’) in front yards
and six feet (6’) in the side or rear yards for all zoning districts, except for a few specific instances such
as:
When a residential district abuts a nonresidential district
Manufacturing and extractive industries zoning districts
Public facilities and recreation facilities where a greater height is necessary to protect public
safety
Private game courts
Temporary construction fencing
Decorative pillars and arches.
The Planning Commission forwarded a positive recommendation to the City Council.
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Policy Questions
• The draft ordinance would allow fences or walls to exceed maximum height regulation for
Public Utility Facilities when the fence or wall is necessary to restrict access and promote
safety of public utility buildings or structures, provided that the portion of the fence or wall
which exceeds a height of 6 feet is at least 80% transparent. In no event, shall the fence or wall
securing a public utility building or structure exceed 12 feet in height.
When the City added a taller fence in the front yard setback of the City owned buildings on the
southeast corner of 600 South and 200 East, the Council received some negative constituent
feedback about it, particularly with regard to the height.
The Council may wish to ask the administration to explain what
circumstances are considered necessary to restrict access and promote safety
of public, and if those standards can be further defined to increase
predictability for the public.
The Council may also wish to ask for more specificity with regard to over-
height fences adjacent to athletic fields.
ADDITIONAL INFORMATION
Ordinance Changes Since Planning Commission Approval:
Following the recommendation of approval by the Planning Commission the Attorney’s Office created
the Ordinance. During their review a few minor details in the proposed amendment were modified
due to legal, grammatical and technical issues that were identified:
• Removed authority of Planning Commission and Historic Landmark Commission
(21A.210.E.4.i) to modify fence height through any land use application. The Attorney’s Office
noted that a Conditional Use process is the only process with direct standards that could be
tied to fence height. Please note that fence height can still be modified through the Planned
Development process.
Clarified when fences tied to private recreational activities may receive additional height
(21A.210.E.4.d).
Made minor edits throughout to text and definitions to provide clarity. Substance and meaning
of the proposal did not change.
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Key Issues
Pages 3-5 of the Planning Commission staff reports includes a summary of four key issues identified
by the Planning Staff. A short summary of those is provided below. See the planning commission staff
report to view the full analysis.
•Consistency & Clarity
The over height fence special exception results in an unpredictable development patterns, as
well as unpredictable expectations for applicants. Often, applicants assume that the act of
applying equals approval and are confused when it is denied.
Planning Staff believes it is rare for an over height fence to be approved in the front yard. As
such, if applications are routinely denied or discouraged, then the ordinance should not
provide an exception.
•Staff & City Resources
The Fence Height Text Amendment is being reviewed separately from a larger application to
remove all special exceptions. The Council was briefed on the special exception amendments
on July 20, the public hearing in set for August 17
The purpose of the special exception amendments is to simplify the zoning ordinance by
updating regulations and eliminating special exceptions, reallocate staff resources away from
processing land use applications that favor individual properties and toward updating overall
zoning codes to align with adopted master plans, increase predictability and reduce neighbor
conflicts that are created by requests for exceptions to the zoning regulations for single parcels
(Special Exception Staff report, July 20, 2021)
•Community Character
The purpose of the fence regulations as stated in ordinance section 21A.40.120.A is “to achieve
a balance between the private concerns for privacy and site design and the public concerns for
enhancement of the community appearance, and to ensure the provision of adequate light, air
and public safety.”
Staff has found that allowing greater fence height typically has a negative impact on
neighborhood character.
•Appropriate instances for over height fences
The following were determined to be situations or uses where over height fences are
appropriate and could be allowed by-right:
o Public Facilities, such as municipal structures, schools, or utility buildings
o Recreation Facilities, such as around parks, open space, or similar recreation areas
o Athletic fields or courts, such as driving ranges, baseball fields, athletic fields; or
similar facilities
o Temporary construction fencing
o Decorative pillars attached to fences that meet the height requirements
Following public review of the draft ordinance, the following over height allowances were
added to address concerns raised:
o The Planning Commission and Historic Landmark Commission will retain the ability to
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approve taller fences to mitigate a negative impact associated with a land use
application. (This was changed to only apply to Conditional Use
Applications and Planned Developments.)
o Side or rear yard fences in single family zones which are next to nonresidential zones
o Gates, arches or trellises attached to fences that meet the height requirements.
o In the M-2 Heavy Manufacturing and EI Extractive Industries zoning districts fences,
walls, or hedges may be up to a maximum of 6 feet in height up to the front yard
setback line.
o If there is no minimum front yard setback in the underlying zoning district, a fence,
wall, or hedge at a maximum of 6 feet in height can be placed 10 feet from the front
property line.
Salt Lake City
City Council Briefing
August 17, 2021
Fence Height Text Amendment
PLNPCM2020-00511
Planning Commission
Currently, fences, walls, and hedges are limited to 4 feet in height in front yards (up to the front façade of the building) and 6 feet in the side and rear yards in all zoning districts.
Though an over height fence can be approved through the Special Exception process, excess fence height is generally only approved in limited circumstances.
Fence Height Text Amendment
Planning Commission
Why?
•Provides consistency &
clarity in what property
owners and neighbors can
expect.
•Staff resource can be
redirected
•Geographic equity
•Simplifies the code
•Neighbor vs neighbor
Fence Height Text Amendment
Planning Commission
21A.40.120.E
•Residential Districts:
•Limits fence, wall, and hedge height to 4 feet in the front
yard and 6 feet in the side and rear yards.
Fence Height Text Amendment
Planning Commission
•Nonresidential Districts:
•4 feet in the front yard and 6 feet in the side and rear
yards.
•In the M-2 and EI zoning districts a maximum of 6 feet
in height up to the front yard setback line.
•If there is no minimum front yard setback in the
underlying zoning district, a maximum of 6 feet in
height 10 feet from the front property line.
Fence Height Text Amendment
Planning Commission
a.Adjacent to Nonresidential Zoning Districts. In the
FR, SR, and R-1 zoning districts shall not exceed 8 feet
where they abut a specific non-residential district.
b.Public Facilities. Up to 12 feet if 80% transparent above
a height of 6 feet.
c. & d. Recreation Facilities. Up to 10 feet in height if 80
percent transparent above a height of 6 feet.
Driving ranges, baseball fields, athletic fields; or similar
facilities may be allowed up to a height necessary to
contain the recreation equipment.
Allowances for Additional Height
Planning Commission
e. Construction Fencing. 10 feet in height in any required yard.
f. Pillars. 18 inches above the allowable height of a fence or wall; minimum spacing of no less than 6 feet.
g. Gates and Arches. Arches or trellises up to 12 feet in height and 5 feet in width may be constructed over a gate.
h. Barbed or Razer Wire Fences: Where permitted, barbed wire and razor wire fences may be up to 12 feet in height.
i. Conditional Use. Additional fence height is imposed as a reasonable condition to mitigate the anticipated detrimental effects of a conditional use. (Note: fence height can already be modified through Planned Developments)
Allowances for Additional Height