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HomeMy WebLinkAboutLegislative Version Ordinance - 1/13/20261 Project Title: Fence and Hedge Height Amendments Petition Nos.: PLNPCM2025-00045 & PLNPCM2025-00138 Version: Planning Commission Recommended Date Prepared: 8/25/25 Planning Commission Action: Recommended 8/13/25 The proposed ordinance makes the following amendments (for summary purposes only):  Amends code references associated with sections of 21A.40.120 and 21A.40.160.  Deletes the word “hedges” throughout 21A.40.120.  Deletes “hedges” from 21A.40.160 and replaces it with the word “landscaping”.  Combines regulations for residential and non-residential zoning districts under: “Height Restrictions and Gates” 21A.40.120.E.1.a-g.  Amends 21A.40.120.E.1.a.(1) changes the word “property” to “lot” to be consistent with the zoning ordinance. Also adds a note allowing M-1 properties outside of the Salt Lake International Center to have a six (6) foot fence in the front yard, if not abutting or across the street from a zone that allows residential uses.  Amends 21A.40.120.E.1.a.(3) adds wording for if there is no minimum front yard setback, fence placement and height are called out.  Amends 21A.40.120.E.1.a.(4) to change the wording from “front property line” to “lot line” and change “front yard setback line” to “front building line of the facade of the principal structure that contains the primary entrance” to be consistent with the ordinance.  Removes 21A.40.120.E.1.a.(5), because the section overlaps with other wording in the ordinance.  Amends 21A.40.120.E.2 to modify or remove the provisions of the “Double Frontage Lot” section.  Amends 21A.40.120 E.4.i., 5.a.& 5.b., and E.6 to remove “hedges”.  Amending sections 21A.40.120.E.1.b.(6) adding “M-1A”.  Amends section 21A.40.160.C.1.b. & c. to take out “hedge” and replace with “landscaping”.  Amends Illustration in 21A.40.120.E.1. “NON-RESIDENTIAL FENCE HEIGHT” Underlined text is new; text with a strikethrough is proposed to be deleted. All other text is existing with no proposed change. 1. Amends the title to Section 21A.40.120 with no other changes to the section, as follows: 1 21A.40.120: REGULATION OF FENCES, AND WALLS AND HEDGES: 2 2. Amends Subsection 21A.40.120.A as follows: 3 4 A. Purpose: Fences, and walls and hedges serve properties by providing privacy and security, defining 5 private space and enhancing the design of individual sites. Fences also affect the public by 6 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: ___________________________ By: ____________________________ Katherine D. Pasker, Senior City Attorney December 10, 2025 2 impacting the visual image of the streetscape and the overall character of neighborhoods. The 7 purpose of these regulations is to achieve a balance between the private concerns for privacy and 8 site design and the public concerns for enhancement of the community appearance, and to ensure 9 the provision of adequate light, air and public safety. 10 11 3. Amends Subsection 21A.40.120.B as follows: 12 13 B. Location: All fences, and walls or hedges shall be erected entirely within the property lines of the 14 property they are intended to serve. 15 4. Amends Subsection 21A.40.120.E.1 as follows: 16 1. Fences, and walls, and hedges shall comply with the following regulations based on the following 17 zoning districts: 18 a. Residential Zoning Districts: 19 (1) a. Except as permitted in subsection 21A.24.010.P and 21A.40.120.E.4 of this code a fence, 20 or wall, or hedge located between the front property lot line and front building line of the 21 facade of the principal structure that contains the primary entrance shall not exceed four (4) 22 feet in height. 23 (2) b. A fence, or wall, or hedge located at or behind the primary facade of the principal 24 structure shall not exceed six (6) feet in height. 25 (3) c. On developed properties where there is no existing principal structure, the height of a 26 fence, or wall, or hedge shall not exceed four (4) feet in a front yard area or six (6) feet in 27 the rear or side yard areas. If there is no minimum front yard setback in the underlying 28 zoning district, a fence or wall taller than four feet may not be placed closer than ten (10) 29 feet from the front lot line. 30 31 (4) d. All refuse disposal and recycling dumpsters shall be screened on all sides by a solid wood 32 fence, masonry wall, or an equivalent opaque material to a height of not less than 6 feet but 33 not more than 8 feet. 34 3 b. Nonresidential Zoning Districts: 35 (1) A fence, wall, or hedge located between the front property line and front building line of the 36 facade of the principal structure that contains the primary entrance shall not exceed four (4) 37 feet in height. 38 (2) A fence, wall or hedge located at or behind the primary facade of the principal structure 39 shall not exceed six (6) feet in height. 40 4 41 42 43 (3) On developed properties where there is no existing principal structure, the height of a fence, 44 wall, or hedge shall not exceed four (4) feet in a front yard area or six (6) feet in the rear or side yard 45 areas. 46 (4) e. Notwithstanding Subsection 21A.40.120.E.1.b.(1), in the M-1 zoned properties in the Salt 47 Lake International Center, M-1A, M-2, and EI zoning districts, fences, or walls, or hedges 48 may be up to six (6) feet in height if located between the front property lot line and the front 49 yard setback line. front building line of the facade of the principal structure that contains the 50 primary entrance, unless the subject property is abutting or across a public street from a 51 zoning district that allows residential use, then the maximum height for a front yard fence is 52 four (4) feet. 53 (5) If there is no minimum front yard setback in the underlying zoning district, a fence, or wall, 54 or hedge of a maximum six (6) feet in height may be placed no closer than ten (10) feet from 55 the property line. 56 (6) f. Outdoor storage, when permitted in the zoning district, shall be located behind the 57 primary facade of the principal structure and shall be screened with a solid wall or fence 58 and shall comply with the requirements in Section 5.60.120. Outdoor storage in the M-1, 59 M-1A, and M-2 districts are also subject to the provisions of 21A.28.010.B.3. 60 (7) g. All refuse disposal and recycling dumpsters, except those located in the M-2, LO and EI 61 districts shall be screened on all sides by a solid wood fence, masonry wall or an equivalent 62 opaque material to a height of not less than 6 feet but not more than 8 feet. 63 64 5. Amends Subsection 21A.40.120.E.2 as follows (there are no changes to the “Fence in a 65 Double Frontage Lot” illustration): 66 5 2. Double Frontage Lot: A fence, wall, or hedge located on a property where both the front and rear 67 yards have frontage on a street may be a maximum of six (6) feet in height in a front yard provided the 68 fence, wall, or hedge: On properties with more than one front lot line, a fence or wall may be a maximum 69 of six (6) feet when located: 70 a. behind the primary facade of the principal structure; or 71 b. in the front yard that is directly opposite the front yard where the primary entrance to the 72 principal building is located. 73 a. Is located in a provided yard that is directly opposite the front yard where the primary entrance to 74 the principal building is located; 75 b. Is in a location that is consistent with other six (6) seven (7) foot tall fence locations on the 76 block; 77 c. Complies with Sight Distance Triangle requirements of this Title; and 78 d. Complies will all other fence, wall, and hedge requirements of this Title. 79 e. Not exceed six (6) feet in height in a front yard. 80 6. Amends Subsection 21A.40.120.E.4.a as follows: 81 a. When Abutting Nonresidential Zoning Districts. Fences, or walls, or hedges in the FR, SR, and R-l 82 zoning districts shall not exceed six (6) feet in height in the side or rear yard except where they abut a 83 Commercial, Downtown, Manufacturing, or Special Purpose Zoning District. The maximum height shall 84 be eight (8) feet. This exception does not apply to fences, or walls, or hedges in the corner side yard or 85 front yard and only applies where the lot abuts the nonresidential district. 86 7. Amends Subsection 21A.40.120.E.4.i as follows: 87 i. Conditional Uses. A fence, or wall, or hedge may exceed the allowable height requirements of this 88 Chapter where additional fence height is imposed as a reasonable condition to mitigate the anticipated 89 detrimental effects of a conditional use. Where such additional height is imposed as a reasonable 90 condition, such height shall not exceed the minimum height necessary to mitigate the anticipated 91 detrimental effects of the conditional use. 92 8. Amends Subsection 21A.40.120.E.5. as follows: 93 5. Vision Clearance and Safety. Notwithstanding any other provision of this Code, a fence, or wall, or 94 hedge shall comply with the sight distance triangle requirements of this section. 95 a. Corner Lots; Sight Distance Triangle: No solid fence, or wall or hedge shall be erected to a 96 height in excess of three (3) feet if the fence, or wall or hedge is located within the sight distance triangle 97 extending thirty (30) feet either side of the intersection of the respective street curb lines, or edge lines of 98 roadway where curbing is not provided as noted in Section 21A.62.050, illustration I of this title. 99 b. Intersection of Street and Driveway; Intersection of Alley or Driveway and Sidewalk; Sight 100 Distance Triangle: Solid fences, or walls and hedges shall not exceed thirty (30) inches in height within 101 the sight distance triangle as defined in Section 21A.62.050, illustration I of this title. 102 6 c. Sight Distance Triangle and See Through Fences: Within the area defined as a sight distance 103 triangle, see through fences that are at least fifty percent (50%) open shall be allowed to a height of four 104 (4) feet. 105 d. Alternative Design Solutions. To provide adequate line of sight for driveways and alleys, the 106 zoning administrator, in consulting with the development review team, may require alternative design 107 solutions, including, but not restricted to, requiring increased fence setback and/or lower fence height, to 108 mitigate safety concerns created by the location of buildings, grade change or other preexisting 109 conditions. 110 111 9. Amends Subsection 21A.40.120.E.6 as follows (there are no changes to the “Fence on Top of 112 Retaining Wall” illustration): 113 6. Height Measurement. The height of a fence, or wall, or hedge shall be measured from the finished 114 grade of the site as defined in section 21A.62.040 of this title. In instances of an abrupt grade change at 115 the property line, the height for fences that are located on top of a retaining wall shall be measured from 116 the top of the retaining wall. 117 10. Amends Subsection 21A.40.160.C.1.b as follows: 118 b. Front and Corner Side Yards: The ground mounted utility box shall be located within five feet (5') 119 of the building façade when located in required or provided front or corner side yard and at least one foot 120 from a front or corner side yard property line. Utility boxes in a front or corner side yard shall be screened 121 by a wall, fence, or hedge landscaping of at least equal height not to exceed the maximum height for a 122 wall or fence allowed in the applicable yard. 123 11. Amends Subsection 21A.40.160.C.1.c as follows: 124 c. Ground mounted utility box(es) may be placed in a required landscaped yard if screened by a wall, 125 fence or hedge landscaping of at least equal height not to exceed the maximum height for a wall or fence 126 allowed in the applicable yard. 127 128 12. Effective Date. This ordinance, if passed, shall be effective on the date of its first publication. 129 130 [end] 131