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046 of 2023 - Fences and Visual Clearance Next to Alleys Zoning Ordinance1 SALT LAKE CITY ORDINANCE No. _____ of 2023 An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining to the sight distance triangle.) An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM2023-00054 pertaining to the sight distance triangle. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on May 10, 2023 to consider a petition submitted by Mayor Erin Mendenhall Petition No. PLNPCM2023-00054) to amend portions of Chapters 21A.36; 21A.40; 21A.44; and 21A.62 of the Salt Lake City Code to modify regulations pertaining to sight distance triangle; and WHEREAS, at its May 10, 2023 meeting, the Planning Commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said petition; and WHEREAS, after a public hearing on this matter the City Council has determined that adopting this ordinance is in the city’s best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the text of Salt Lake City Code Section 21A.36.020. That Section 21A.36.020 of the Salt Lake City Code (Zoning: General Provisions: Conformance with Lot and Bulk Controls) shall be, and hereby is amended to include the following subpart D while retaining all other subparts, tables, and notes in said section: D. Notwithstanding any other provision of this Code, all structures shall comply with the Sight Distance Triangle Requirements as defined and illustrated in Chapter 21A.62 of this title. Clear site zone areas shall be provided as indicated in the Salt Lake City Off Street Parking Standards Manual. The planning director, in consultation with the transportation 46 2 director, may approve alternative design solutions that result in similar visual clearance and effectively mitigate safety concerns. SECTION 2. Amending the text of Salt Lake City Code Section 21A.40.050. That Section 21A.40.050 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: General Yard, Bulk and Height Limitations) shall be, and hereby is amended to include the following subpart D while retaining all other text and subparts in said section: D. Notwithstanding any other provision of this Code, all structures shall comply with the Sight Distance Triangle Requirements as defined and illustrated in Chapter 21A.62 of this title. The planning director, in consultation with the transportation director, may approve alternative design solutions that result in similar visual clearance and effectively mitigate safety concerns. SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.40.120.E.1. That Subsection 21A.40.120.E.1 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: Regulation of Fences, Walls and Hedges: Height Restrictions and Gates) shall be, and hereby is amended to read as follows: 1. Fences, walls, and hedges shall comply with the following regulations based on the following zoning districts: a. Residential Zoning Districts: 1) Except as permitted in subsection 21A.24.010.P and 21A.40.120.E.4 of this code, a fence, wall or hedge located between the front property line and front building line of the facade of the principal structure that contains the primary entrance shall not exceed 4 feet in height. 2) A fence, wall, or hedge located at or behind the primary facade of the principal structure shall not exceed 6 feet in height. 3) On developed properties where there is no existing principal structure, the height of a fence, wall, or hedge shall not exceed 4 feet in a front yard area or 6 feet in the rear or side yard areas. 3 b. Nonresidential Zoning Districts: 1) A fence, wall, or hedge located between the front property line and the primary facade of the principal structure shall not exceed 4 feet in height. 2) A fence, wall or hedge located at or behind the primary facade of the principal structure shall not exceed 6 feet in height. 3) On developed properties where there is no existing principal structure, the height of a fence, wall, or hedge shall not exceed 4 feet in a front yard area or 6 feet in the rear or side yard areas. 4 4) Notwithstanding Subsection 21A.40.120.E.1.b.(1), in the M-2 and EI zoning districts fences, walls, or hedges may be up to 6 feet in height when located between the front property line and the front yard setback line. 5) If there is no minimum front yard setback in the underlying zoning district, a fence, wall, or hedge of a maximum 6 feet in height may be placed no closer than 10 feet from the property line. 6) Outdoor storage, when permitted in the zoning district, shall be located behind the primary facade of the principal structure and shall be screened with a solid wall or fence and shall comply with the requirements in Section 5.60.120. Outdoor storage in the M-1 and M-2 districts are also subject to the provisions of 21A.28.010.B.3. SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.40.120.E.3. That Subsection 21A.40.120.E.3 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: Regulation of Fences, Walls and Hedges: Height Restrictions and Gates) shall be, and hereby is amended to read as follows: 3. Vacant Lots. Notwithstanding 21A.24.010.P.10.d, fencing to secure vacant or undeveloped lots may be up to 6 feet in height, provided the fence is not closer than 5 feet to a public sidewalk and is no less than 80% transparent. Once the property is developed, the fence will be required to comply with the height restrictions of this title. SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.40.120.E.5. That Subsection 21A.40.120.E.5 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: Regulation of Fences, Walls and Hedges: Height Restrictions and Gates) shall be, and hereby is amended to read as follows: 5. Vision Clearance and Safety. Notwithstanding any other provision of this Code, a fence, wall, or hedge shall comply with the sight distance triangle requirements of this section. a. Corner Lots; Sight Distance Triangle: No solid fence, wall or hedge shall be erected to a height in excess of 3 feet if the fence, wall or hedge is located within the sight distance triangle extending 30 feet either side of the intersection of the respective street curb lines, or edge lines of roadway where curbing is not provided as noted in Section 21A.62.050, illustration I of this title. 5 b. Intersection of Street and Driveway; Intersection of Alley or Driveway and Sidewalk; Sight Distance Triangle: Solid fences, walls and hedges shall not exceed 30 inches in height within the sight distance triangle as defined in Section 21A.62.050, illustration I of this title. c. Sight Distance Triangle and See Through Fences: Within the area defined as a sight distance triangle, see through fences that are at least 50% open shall be allowed to a height of 4 feet. d. Alternative Design Solutions. 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 preexisting conditions. SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.40.120.E.7. That Subsection 21A.40.120.E.7 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: Regulation of Fences, Walls and Hedges) shall be, and hereby is amended to read as follows: 7. Gates. No gate, whether crossing a driveway, walkway, or part of a fence, shall be erected to a height in excess of the standards outlined in this subsection E. To regulate the location of gates and their impact on vehicular staging within the public right of way, passenger vehicles shall require a minimum 17 foot 6 inch setback from back edge of sidewalk, or property line when a sidewalk is not provided, and large truck driveways shall require a 100 foot setback from back edge of sidewalk, or property line when a sidewalk is not provided. This requirement does not apply to gates abutting alleys. All gates are to swing inward to the property or be a roll gate that does not impact the staging area. SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.44.060.A.6.c. That Subsection 21A.44.060.A.6.c of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and Loading: Parking Location and Design: Generally: Driveway and Access) shall be, and hereby is amended to read as follows: c. Driveway Standards: All driveways shall comply with the following standards: 6 1) Driveway Location: Driveways shall be at least 5 feet from any public utility infrastructure such as power poles, fire hydrants, and water meters. Except for entrance and exit driveways leading to approved parking areas, no curb cuts or driveways are permitted. 2) Distance from street corners: Driveways for Single and Two-Family Dwellings shall be located at least 20 feet from street corner property lines. Driveways for all other uses shall be at least 50 feet from street corner property lines. When the width of the lot is less than the required distance, the transportation director may approve modifications no greater than the minimum necessary to accommodate the driveway. 3) Driveway Widths: All driveways serving residential uses shall be a minimum 8 feet wide and shall comply with the standards for maximum driveway widths listed in Table 21A.44.060-C, “Minimum and Maximum Driveway Width”. 4) Shared Driveways: Shared driveways, where two (2) or more properties share one 1) driveway access, may be permitted if the transportation director determines that the design and location of the shared driveway access will not create adverse impacts on traffic congestion or public safety. 5) Driveway Surface: All driveways providing access to parking facilities shall be improved and maintained pursuant to the standards in the Off Street Standards Manual. SECTION 8. Amending the text of Salt Lake City Code Section 21A.62.040. That the definition of Sight Distance Triangle in Section 21A.62.040 of the Salt Lake City Code (Zoning: General Terms: Definitions) shall be, and hereby is amended to read as follows while retaining all other definitions in said section: SIGHT DISTANCE TRIANGLE: A triangular area formed by a diagonal line connecting two (2) points when measured as follows: 7 A. For corner lots: Extending 30 feet from the intersecting line of each street face of curb, or edge of roadway where curbing is not provided. B. For intersections of street and driveways or alleys: Extending 10 feet from each intersecting edge of the driveway or alley and street curb line, or edge of roadway where curbing is not provided. C. For alleys or driveways crossing a sidewalk: Extending 10 feet from each intersecting edge of the alley or driveway and back edge of the sidewalk. The purpose of the sight distance triangle is to define an area in which vision obstructions are prohibited. (See illustration in Section 21A.62.050 of this chapter.) SECTION 9. Replacing Illustration I of Salt Lake City Code Section 21A.62.050. That Illustration I, the Sight Distance Triangle, in Section 21A.62.050 of the Salt Lake City Code Zoning: General Terms: Illustrations Of Selected Definitions) is hereby deleted in its entirety and replaced with the following: Illustration I: Sight Distance Triangle 8 SECTION 10. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ___ day of _____ _ 2023. CHAIRPERSON ATTEST AND COU NTERSIGN: CITY RECORDER Transmitted to Mayor on __________ _ Mayor's Action: ___ Approved. Vetoed. --- CITY RECORDER (SEAL) Bill No. of 2023. ----Published: -------Ordinace regulating sight distance triangle MAYOR 9 Katherine Pasker, Senior City Attorney 46 15th August Aug 18, 2023 Aug 21, 2023 Erin Mendenhall (Aug 21, 2023 12:18 MDT) 4 Aug 22, 2023 Ordinance 46 of 2023 Sight Distance Triangle Text Amendment Final Audit Report 2023-08-22 Created:2023-08-17 By:Thais Stewart (thais.stewart@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAa8VsEfeNLVMVGWjJNrowZ8NGc0_Zgslv "Ordinance 46 of 2023 Sight Distance Triangle Text Amendment " History Document created by Thais Stewart (thais.stewart@slcgov.com) 2023-08-17 - 11:37:43 PM GMT Document emailed to katherine.pasker@slcgov.com for signature 2023-08-17 - 11:40:43 PM GMT Email viewed by katherine.pasker@slcgov.com 2023-08-17 - 11:40:54 PM GMT Signer katherine.pasker@slcgov.com entered name at signing as Katherine Pasker 2023-08-18 - 2:33:43 PM GMT Document e-signed by Katherine Pasker (katherine.pasker@slcgov.com) Signature Date: 2023-08-18 - 2:33:45 PM GMT - Time Source: server Document emailed to Darin Mano (darin.mano@slcgov.com) for signature 2023-08-18 - 2:33:48 PM GMT Email viewed by Darin Mano (darin.mano@slcgov.com) 2023-08-18 - 9:40:05 PM GMT Document e-signed by Darin Mano (darin.mano@slcgov.com) Signature Date: 2023-08-21 - 6:16:54 PM GMT - Time Source: server Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature 2023-08-21 - 6:16:57 PM GMT Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com) 2023-08-21 - 6:17:47 PM GMT Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com) Signature Date: 2023-08-21 - 6:18:24 PM GMT - Time Source: server Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature 2023-08-21 - 6:18:27 PM GMT Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com) E-signature obtained using URL retrieved through the Adobe Acrobat Sign API Signature Date: 2023-08-22 - 6:12:59 PM GMT - Time Source: server Agreement completed. 2023-08-22 - 6:12:59 PM GMT