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Legislative Version Ordinance - 5/30/2023 1 LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE 1 No. _____ of 2023 2 3 (An ordinance amending various sections of Title 21A of the Salt Lake City Code 4 pertaining to the sight distance triangle.) 5 6 An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant 7 to Petition No. PLNPCM2023-00054 pertaining to the sight distance triangle. 8 WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a 9 public hearing on May 10, 2023 to consider a petition submitted by Mayor Erin Mendenhall 10 (Petition No. PLNPCM2023-00054) to amend portions of Chapters 21A.36; 21A.40; 21A.44; 11 and 21A.62 of the Salt Lake City Code to modify regulations pertaining to sight distance triangle; 12 and 13 WHEREAS, at its May 10, 2023 meeting, the Planning Commission voted in favor of 14 transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said 15 petition; and 16 WHEREAS, after a public hearing on this matter the City Council has determined that 17 adopting this ordinance is in the city’s best interests. 18 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 19 20 SECTION 1. Amending the text of Salt Lake City Code Section 21A.36.020. That 21 Section 21A.36.020 of the Salt Lake City Code (Zoning: General Provisions: Conformance with 22 Lot and Bulk Controls) shall be, and hereby is amended to include the following subpart D while 23 retaining all other subparts, tables, and notes in said section: 24 D. Notwithstanding any other provision of this Code, all structures shall comply with the 25 Sight Distance Triangle Requirements as defined and illustrated in Chapter 21A.62 of this 26 title. The planning director, in consultation with the transportation director, may approve 27 2 LEGISLATIVE DRAFT alternative design solutions that result in similar visual clearance and effectively mitigate 28 safety concerns. 29 30 SECTION 2. Amending the text of Salt Lake City Code Section 21A.40.050. That 31 Section 21A.40.050 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and 32 Structures: General Yard, Bulk and Height Limitations) shall be, and hereby is amended to 33 include the following subpart D while retaining all other text and subparts in said section: 34 D. Notwithstanding any other provision of this Code, all structures shall comply with the 35 Sight Distance Triangle Requirements as defined and illustrated in Chapter 21A.62 of this 36 title. The planning director, in consultation with the transportation director, may approve 37 alternative design solutions that result in similar visual clearance and effectively mitigate 38 safety concerns. 39 40 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.40.120.E.1. 41 That Subsection 21A.40.120.E.1 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings 42 and Structures: Regulation of Fences, Walls and Hedges: Height Restrictions and Gates) shall be, 43 and hereby is amended to read as follows: 44 1. Fences, walls, and hedges shall comply with the following regulations based on the 45 following zoning districts: 46 a. Residential Zoning Districts: 47 (1) Except as permitted in subsection 21A.24.010.P and 21A.12.E.4 48 21A.40.120.E.4 of this code, a fence, wall or hedge located between the front property 49 line and front building line of the facade of the principal structure that contains the 50 primary entrance shall not exceed four (4) feet in height. 51 (2) A fence, wall, or hedge located at or behind the primary facade of the 52 principal structure shall not exceed 6 feet in height. 53 (3) On developed properties Where where there is no existing principal 54 structure, the height of a fence, wall, or hedge shall not exceed four (4) feet in a front 55 yard area or six (6) feet in the rear or side yard areas. 56 57 3 LEGISLATIVE DRAFT 58 59 b. Nonresidential Zoning Districts: 60 (1) A fence, wall, or hedge located between the front property line and the 61 primary facade of the principal structure shall not exceed four (4) feet in height. 62 (2) A fence, wall or hedge located at or behind the primary facade of the 63 principal structure shall not exceed six (6) feet in height. 64 65 (3) On developed properties where there is no existing principal structure, the 66 height of a fence, wall, or hedge shall not exceed 4 feet in a front yard area or 6 feet in 67 the rear or side yard areas. 68 4 LEGISLATIVE DRAFT (3) Not withstanding (4) Notwithstanding Subsection 21A.40.120.1.b.(l) 69 21A.40.120.E.1.b.(1), in the M-2 and EI zoning districts fences, walls, or hedges may be 70 up to six (6) feet in height if when located between the front property line and the front 71 yard setback line. 72 (4) (5) If there is no minimum front yard setback in the underlying zoning district, 73 a fence, wall, or hedge of a maximum six (6) feet in height may be placed no closer than 74 ten (10) feet from the property line. 75 (5) (6) Outdoor storage, when permitted in the zoning district, shall be located 76 behind the primary facade of the principal structure and shall be screened with a solid 77 wall or fence and shall comply with the requirements in Section 5.60.120. Outdoor 78 storage in the M-1 and M-2 districts are also subject to the provisions of 21A.28.010.B.3. 79 80 SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.40.120.E.3. 81 That Subsection 21A.40.120.E.3 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings 82 and Structures: Regulation of Fences, Walls and Hedges: Height Restrictions and Gates) shall be, 83 and hereby is amended to read as follows: 84 3. Vacant Lots. Notwithstanding 21A.24.010.P.10.d, fencing to secure vacant or 85 undeveloped lots may be up to six (6) feet in height, provided the fence is not closer 86 than five (5) feet to a public sidewalk and is no less than eighty percent (80%) 87 transparent. Once the property is developed, the fence will be required to comply with 88 the height restrictions of this Ttitle. 89 90 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.40.120.E.5. 91 That Subsection 21A.40.120.E.5 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings 92 and Structures: Regulation of Fences, Walls and Hedges: Height Restrictions and Gates) shall be, 93 and hereby is amended to read as follows: 94 5. Vision Clearance and Safety. Notwithstanding any other provision of this Code, a 95 fence, wall, or hedge shall comply with the Ssight Ddistance Ttriangle Rrequirements 96 of this Ssection. 97 a. Corner Lots; Sight Distance Triangle: No solid fence, wall or hedge shall be 98 erected to a height in excess of three (3) feet if the fence, wall or hedge is located within 99 the sight distance triangle extending thirty (30) feet either side of the intersection of the 100 5 LEGISLATIVE DRAFT respective street curb lines, or edge lines of roadway where curbing is not provided as 101 noted in sSection 21A.62.050, illustration I of this title. 102 b. Corner Side, Side, Rear Yards; Sight Distance Triangle: Fences, walls or hedges 103 may be erected in any required corner side yard (extending to a point in line with the 104 front facade of the principal structure for residential zoning districts and up to any 105 required front yard setback line for all other zoning districts), required side yard or 106 required rear yard to a height not to exceed six (6) feet. The zoning administrator may 107 require either increased fence setback or lower fence height along corner side yards to 108 provide adequate line of sight for driveways and alleys. 109 c. b. Intersection of Street and Driveway; Intersection of Alley or Driveway 110 and Sidewalk; Sight Distance Triangle: Solid fences, walls and hedges shall not exceed 111 thirty (30) inches in height within the sight distance triangle as defined in sSection 112 21A.62.050, illustration I of this title. 113 d. c. Sight Distance Triangle Aand See Through Fences: Within the area 114 defined as a sight distance triangle, see through fences that are at least fifty percent (50%) 115 open shall be allowed to a height of four (4) feet. 116 e. d. Alternative Design Solutions. To provide adequate line of sight for 117 driveways and alleys, the zoning administrator, in consulting with the development 118 review team, may require alternative design solutions, including, but not restricted to, 119 requiring increased fence setback and/or lower fence height, to mitigate safety concerns 120 created by the location of buildings, grade change or other preexisting conditions. 121 122 SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.40.120.E.7. 123 That Subsection 21A.40.120.E.7 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings 124 and Structures: Regulation of Fences, Walls and Hedges) shall be, and hereby is amended to read 125 as follows: 126 7. Gates. No gate, whether crossing a driveway, walkway, or part of a fence, shall be 127 erected to a height in excess of the standards outlined in this subsection E. To regulate 128 the location of gates and their impact on vehicular staging within the public right of 129 way, passenger vehicles shall require a minimum seventeen (17) foot six (6) inch 130 setback from back edge of sidewalk, or property line when a sidewalk is not provided, 131 and large truck driveways shall require a one hundred (100) foot setback from back 132 edge of sidewalk, or property line when a sidewalk is not provided. This requirement 133 does not apply to gates abutting alleys. All gates are to swing inward to the property 134 or be a roll gate that does not impact the staging area. 135 136 6 LEGISLATIVE DRAFT SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.44.060.A.6.c. 137 That Subsection 21A.44.060.A.6.c of the Salt Lake City Code (Zoning: Off Street Parking, 138 Mobility and Loading: Parking Location and Design: Generally: Driveway and Access) shall be, 139 and hereby is amended to read as follows: 140 c. Driveway Standards: All driveways shall comply with the following standards: 141 (1) Driveway Location in Residential Zoning Districts: With the exception of legal 142 shared driveways, driveways shall be at least twenty feet (20') from street corner property 143 lines and Driveways shall be at least five5 feet (5') from any public utility infrastructure such 144 as power poles, fire hydrants, and water meters. Except for entrance and exit driveways 145 leading to approved parking areas, no curb cuts or driveways are permitted. 146 (2) Distance from street corners: Driveways for Single and Two-Family Dwellings 147 shall be located at least 20 feet from street corner property lines. Driveways for all other uses 148 shall be at least 50 feet from street corner property lines. When the width of the lot is less 149 than the required distance, the transportation director may approve modifications no greater 150 than the minimum necessary to accommodate the driveway. 151 152 (2)(3) Driveway Widths: All driveways serving residential uses shall be a minimum 153 eight8 feet wide and shall comply with the standards for maximum driveway widths listed in 154 Table 21A.44.060-C, “Minimum and Maximum Driveway Width”. 155 156 157 158 (3)(4) Shared Driveways: Shared driveways, where two (2) or more properties share one 159 (1) driveway access, may be permitted if the transportation director determines that the 160 design and location of the shared driveway access will not create adverse impacts on traffic 161 congestion or public safety. 162 163 7 LEGISLATIVE DRAFT (4)(5) Driveway Surface: All driveways providing access to parking facilities shall be 164 improved and maintained pursuant to the standards in the Off Street Standards Manual. 165 166 SECTION 8. Amending the text of Salt Lake City Code Section 21A.62.040. That the 167 definition of Sight Distance Triangle in Section 21A.62.040 of the Salt Lake City Code (Zoning: 168 General Terms: Definitions) shall be, and hereby is amended to read as follows while retaining 169 all other definitions in said section: 170 SIGHT DISTANCE TRIANGLE: A triangular area formed by a diagonal line connecting 171 two (2) points when measured as follows: 172 A. For corner lots: Extending thirty30 feet (30') from the intersecting line of each street 173 face of curb, or edge of roadway where curbing is not provided. Proposals in 174 commercial and industrial districts which have a minimum front or corner side yard 175 setback requirement, that seem to allow encroachment into the sight distance triangle, 176 shall be reviewed through the site plan review process by the city's development 177 review team. 178 179 B. For intersections of street or large truck and driveways or alleys: Extending thirty feet 180 (30') 10 feet from each intersecting edge of the driveway or alley and street face of 181 curb line, or edge of roadway where curbing is not provided. 182 183 C. For alleys or passenger vehicle and light truck driveways crossing a sidewalk: 184 Extending ten10 feet (10') from each intersecting edge of the alley or driveway and 185 back edge of the sidewalk. 186 187 The purpose of the sight distance triangle is to define an area in which vision obstructions are 188 prohibited. (See illustration in sSection 21A.62.050 of this chapter.) 189 190 SECTION 9. Replacing Illustration I of Salt Lake City Code Section 21A.62.050. That 191 Illustration I, the Sight Distance Triangle, in Section 21A.62.050 of the Salt Lake City Code 192 (Zoning: General Terms: Illustrations Of Selected Definitions) is hereby deleted in its entirety 193 and replaced with the following: 194 8 LEGISLATIVE DRAFT Illustration I: Sight Distance Triangle 195 9 LEGISLATIVE DRAFT 196 197 10 LEGISLATIVE DRAFT SECTION 10. Effective Date. This Ordinance shall become effective on the date of its 198 first publication. 199 Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 200 2023. 201 ______________________________ 202 CHAIRPERSON 203 ATTEST AND COUNTERSIGN: 204 205 ______________________________ 206 CITY RECORDER 207 208 Transmitted to Mayor on _______________________. 209 210 211 Mayor’s Action: _______Approved. _______Vetoed. 212 213 ______________________________ 214 MAYOR 215 ______________________________ 216 CITY RECORDER 217 (SEAL) 218 219 Bill No. ________ of 2023. 220 Published: ______________. 221 Ordinace regulating sight distance triangle 222 223 224 225 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:___________________________ By: ____________________________ Katherine D. Pasker, Senior City Attorney