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No fence, wall or hedge shall be erected or reconstructed unless in conformity with the regulations specified in this chapter.
A. Fencing Permit Required: No fence, wall or hedge shall be constructed or reconstructed within the setback area abutting a public street or private right of way without a fencing permit signed by the community development director or his designee.
B. Fences In The Front Yard Area:
1. The maximum height of any fence in the front yard area as defined in section 13.04.040 of this title and abutting a public street shall be four feet (4').
a. A six foot (6') fence may be allowed when directly abutting the following public streets:
Big Cottonwood Road (6200 South Street)
Cottonwood Lane north of Walker Lane
Walker Lane west of the easternmost intersection of Cottonwood Lane
2300 East north of Holladay Village zone boundary
b. In the front yard of any lot in an R-1 zone which has an area equal to or greater than one acre and:
(1) Is not view obscuring; or
(2) Made of chainlink.
c. And, the proposed fencing complies with the setback to height ratio as shown on figure 13.76.710(B) of this section.
3. The community development director may approve a fence up to five feet (5') in height in the second front yard area of a double frontage lot on a public street if the proposed fence is set back from the property line a minimum of two feet (2'). Gated access from the street is subject to a minimum setback from the property line of at least eighteen feet (18'). (Ord. 2017-02, 1-26-2017)
C. Fences In The Side And Rear Yard Areas:
1. The maximum height of any fence in the rear or side yard area, as defined in section 13.04.040 of this title, is six feet (6').
2. The community development director or his designee is authorized to approve, by permit, the installation of a fence up to eight feet (8') in height in the side and/or rear yard area of any lot or parcel provided that all the following conditions are met:
a. The proposed fencing is located along an interior side or a rear property line only. (Ord. 2012-15, 9-20-2012)
b. The proposed fencing does not encroach into any required setback area abutting a public street, any area designated for future street widening, and/or trail designation. (Ord. 2015-02, 2-5-2015)
c. The abutting property owners have agreed in writing to the request for additional height.
d. In the event an abutting property owner(s) to the rear (perpendicular) of a proposed interior side fence objects to the additional height, the additional height may be approved provided that the additional height does not commence any closer than ten feet (10') to the abutting property line of the objecting owner. (Ord. 2012-15, 9-20-2012)
The community development director finds the additional fencing is justified by the particular circumstances of the property such as, lot configuration, building placement on the lot, slope, and/or negative impacts to the property from adjacent uses. (Ord. 2015-02, 2-5-2015)
(Ord. 2012-15, 9-20-2012)
D. Fences In The Corner-Side Yard Area Abutting The Street:
1. The maximum height of a fence in the corner-side yard area as shown in figure 13.76.710(D1) of this section shall be five feet (5').
1. Subject also to clear view restrictions.
2. The community development director may approve a fence up to six feet (6') in height in the corner-side yard area if the proposed fence is set back from the property line as shown on figure 13.76.710(D2) of this section.
(Ord. 2017-02, 1-26-2017)
E. Sport Court Fencing: The community development director or his designee is authorized to approve the installation of nonsight obscuring sport court fencing up to twelve feet (12') in height under the following circumstances:
1. The fence is not in the front yard area of the lot.
2. Sport court lighting shall not exceed eighteen feet (18') in height; and
a. The fixture must be hooded, shielded, and/or directed in such a manner that it illuminates only the user's premises.
b. The hood or shield must mask the direct horizontal surface of the light source. The light must be aimed to ensure that the illumination is only pointing downward onto the ground surface, with no escaping light permitted to contribute to sky glow by shining upward into the sky.
c. All fixtures shall be designed, installed, located and maintained such that nuisance glare onto adjacent properties shall be prohibited and all direct illumination kept within the boundaries of the fixture owners' property. (Ord. 2012-15, 9-20-2012)
3. The abutting property owner(s) have agreed in writing to the request for additional height. (Ord. 2015-02, 2-5-2015)
4. In the event an abutting property owner(s) objects to the additional height, the additional height may be approved provided that the additional fence height does not commence any closer than ten feet (10') to the abutting property line of the objecting owner.
F. Measurement Of Fence Heights: All fence heights shall be measured from natural grade as noted in the following illustration, except for fences abutting public roads/streets the basis for measuring height shall be the top back of curb or the elevation of the edge of the existing roadway.
G. Landscaping: When a fence is set back from the public right of way, the area in front of it shall be landscaped and maintained. The city encourages water wise landscaping wherever possible.
H. Clear View:
1. No obstruction in excess of two feet (2') in height shall be placed within the required clear view area of a corner lot as shown in figure 13.76.710(H) of this section.
2. No fences or other obstruction in excess of two feet (2') in height shall be placed within the required clear view area at driveways as shown in figure 13.76.710(H) of this section.
I. Vehicular Gates:
1. All gates must be set back from the public right of way at least eighteen feet (18') to permit vehicles to pull off the right of way before being stopped by the gate.
2. Decorative or ornamental features of entrance gates are allowed to exceed the permitted fence height up to a maximum height of eight feet (8').
J. Fencing Along Private Rights Of Way: Fences along private rights of way are exempt from the provisions of this section except that no fence constructed along the property line shall exceed eight feet (8') in height.
K. Nonconforming Fences: Existing fences within the corporate limits of the city as of June 19, 2003, are to be considered nonconforming.
L. Maintenance: All fences, both existing and new, and all parts thereof, shall be maintained in a safe and aesthetically pleasing condition. Graffiti shall be removed immediately upon notification. The owner or his designated agent shall be responsible for the maintenance of the fence. (Ord. 2012-15, 9-20-2012)