1. Requirement. All fences must be approved by the planning and zoning department and a building permit obtained. Fences shall be located on owner's property lines or within owner's property boundaries.
2. Front Yard Fences. Privacy fences, walls and hedges along the street frontage of a lot shall not exceed 3 feet in height when placed within 10 feet of the front property line. Open style fences shall not exceed 4 feet in height when placed within 10 feet of the front property line. Front yard fences may be eight (8) feet in height if they are placed at least 10 feet back from the front property line.
3. Interior Side Yard Fences. Fences alongside yards shall not exceed 3 feet in height for privacy fences and 4 feet in height for open style fences when they are within 10 feet of the front property line. Side yard fences may be eight (8) feet in height when they are located at least 10 feet back from the front property line.
4. Rear Yard Fences. A rear yard fence may be eight (8) feet in height.
5. Corner Lot Fences within the Sight Triangle. The sight triangle on corner lots shall not be obstructed. Privacy fences, walls, trees and plants, hedges, and all objects in general excluding city street signs and city light posts shall not exceed three (3) feet in height, and open-style fences shall not exceed four (4) feet in height, when located within the sight triangle on a corner lot. The sight triangle is defined as the area formed by connecting the corner of the property to points 35 feet back along each property line abutting the street.
6. Corner Lot Fences outside the Sight Triangle. Side yard fences abutting the street may be eight (8) feet in height when they are located at least 35 feet back from the front property line, outside the sight triangle. For interior side fence see DCA 3.21.060 Part 2.
7. Fences on Retaining Walls. Under no condition shall a fence and wall exceed nine (9) feet on the same plane. If a privacy fence that is on top of a retaining wall would exceed nine (9) feet, the fence shall be set back at least four (4) feet from the frontside of the retaining wall. Open style fences including but not limited to rail fences, field fences, or chain link fences are permitted to be on the same plane as a retaining wall.
8. Agricultural Fences. Fences on property where an identifiable commercial agricultural product is produced shall not exceed eight (8) feet in height, and shall be an open style fence.
9. Fences Along Public Open Space and Trails. See DCA 3.16, DCA 3.16.100 Part 1 and DCA 3.17 and DCA 3.17.100 Part 3,a.
   
   Fences or borders along property lines adjacent to a trail or open space must meet with the City Planner and meet specific standards.
   1. When the width of the open space or trail easement is less than 50 feet, bordering fences may not exceed eight (8) feet in height, and shall not obstruct visibility. (Open style fences such as rail fences, field fence, or chain link are preferable.)
   2. When the width of the open space or trail easement is 50 feet or more, fence standards as specified elsewhere in this ordinance apply.
   3. Fences and hedges must be completely within the boundaries of the private property.
   4. Hedges or shrubs must be maintained to the same height requirements as fences.
   5. The owner of the fence or hedge must maintain the side facing the open space.
10. Conditional Uses for Interior Fences. A conditional use permit may be approved by the City Planner for an interior fence over eight (8) feet in height for such things as sports courts, gardens and swimming pools. A conditionally approved interior fence shall not exceed twelve (12) feet in height and shall be an open style fence. (Ord. No. 2015-06, 05/26/15)

(amended by Ord. No. 2005-02, 2/8/05; Ord. No. 2013-10, 7/9/13; Ord. No. 2015-06, 05/26/15; Ord. No. 2017-01, 01/10/17; Ord. No. 2017-13, 06/27/17)

1. Amount Required. Water rights in an amount sufficient to satisfy the water use requirements for the Zoning Lot shall be conveyed to the City. The amount of additional water rights required, if any, shall be in an amount sufficient to satisfy the water use requirements of the proposed use of the Zoning Lot determined in accordance with the following formula, as may be adjusted based on the provisions below:
   1. Residential Uses. Water rights in an amount sufficient to satisfy the water use requirements for the lot for which the dwelling is proposed based on the following formula:
      
      Water Right Requirement (in acre feet) = (1.66) area in lots (in acres) + 0.45 x number of lots
      
   2. Other Users. An amount sufficient to satisfy the projected needs of the proposed development, as determined by Alpine City.
      
      NOTE: The above requirements are based on the results of the 1994 Alpine City Water Use Study by Horrocks Engineers and reflected in an amendment to the Alpine City General Plan adopting a water rights acquisition policy.
2. Type of Water Rights Acceptable For Conveyance. Water rights proposed for conveyance to the City shall be of a type which allow for municipal use within the City, or, if not, the water rights must be of the type which can be amended to provide for municipal use in accordance with the procedures of Utah's change application statute, Utah Code Ann. ' 73-3-3. The water rights may include one or a combination of the following:
   1. Alpine Irrigation Company Stock.
      Primary Shares - One-third (1/3) share for each acre-foot of water right required.
      Secondary Shares - One full share for each acre foot required.
   2. Other irrigation water stock or water rights sufficient water rights to equal the number of acre feet required for the proposed development, after any reduction in quantity by the State Engineer.
   3. Well Rights. The right to divert from a well source. These water rights shall be evidenced by an approved application to appropriate, an underground water claim or court decree.
   4. Previously Conveyed Rights. Assignment of interest in water shares or credits to the use of water which have been previously conveyed to the City in anticipation of development (e.g., Busch Well).
      
      Prior to acceptance of water rights, the City shall evaluate the rights proposed for conveyance and may refuse to accept any right which it determines to be insufficient in annual quantity or flow rate, or not reasonably likely to be approved for change to municipal purposes within the City by the State Engineer. In determining the quantity of water available under the water rights, the City will evaluate the priority of the water rights and the historic average quantities of water available to the water rights.
3. Not Applicable to Lots in Subdivisions. The water conveyance requirements set forth herein shall not be applicable to lots within previously approved and recorded subdivisions.
4. Credit for Previously Conveyed Water Rights. All water rights previously conveyed, whether as part of the annexation process or otherwise, shall be considered as a credit toward satisfying the requirements of this section.
5. Adjustments to Water Conveyance Requirements Permitted Under Certain Circumstances. Where the Zoning Lot or parcel contains lands where, as a result of topographic features (e.g., steep slopes) or other environmentally sensitive or fragile conditions, the availability of irrigation water for use on the lot, or other conditions, will be permanently restricted from any use or activity requiring the use of water from the City's culinary water system, the City may reduce the amount or water rights required to be conveyed in an amount commensurate with the portion of the Zoning Lot or parcel so restricted against the use of water. Any request for reduction shall include enforceable provisions for securing the restricted condition in a form to be approved by Alpine City.
6. Time of Conveyance. The conveyance of title to the water rights, free and clear of all liens, encumbrances and claims of any nature, shall occur prior to the receipt of a building permit for the Zoning Lot.
7. Hardship Relief Provisions
   1. Hardship Relief Petition. Any applicant for a building permit on a Zoning Lot under the provisions of this section, either prior to or at the time of the submission of an application for a building permit to the Building Official, may file a hardship relief petition with the City Recorder seeking relief from all or a part of the water rights acquisition policy requirements as contained in this ordinance on the basis that the requirements, as applied to the applicant or the specific property for which a building permit is being requested, has no reasonable relationship to the needs created or benefits conferred upon the proposed development, does not demonstrably benefit the proposed development, is duplicative, results in the deprivation of all reasonable use of the property, or is otherwise unlawful pursuant to the standards of applicable case law or statutes then in effect.
   2. Economic Hardship Standard. For the purposes of this ordinance, a substantial economic hardship shall be defined as applying the requirements of the water rights acquisition policy in such a manner that it has no reasonable relationship to the needs created or benefits conferred upon the proposed development, does not demonstrably benefit the proposed development, is duplicative, results in the deprivation of all reasonable use of the property, or is otherwise unlawful pursuant to the standards of applicable case law or statutes then in effect. The Planning Commission and City Council shall not find a substantial economic hardship if such a hardship is self imposed. The mere fact that the land or parcel of property in question has not historically had water rights associated with it is not a sufficient basis to determine the existence of a substantial economic hardship. The City Council may not modify or grant the petitioner relief from any of the provisions of the Alpine City water rights acquisition policy unless it finds that granting the petition will not substantially affect the General Plan, will not be contrary to the public interest, and will not undermine the ability of Alpine City to provide water rights in a sufficient amount to meet the reasonable needs of its residents for culinary, irrigation, fire protection and other purposes.
   3. Information to be Submitted with Hardship Relief Petition. The hardship relief petition must be submitted in a form acceptable to the City, shall be signed by the applicant and verified and must be accompanied by a minimum of the following information:
      1. Name of the applicant;
      2. Name and business address of the current owner of the property and form of ownership;
      3. Nature of the interest owned by the applicant in the subject property;
      4. A complete description of all water rights and/or water shares owned by the applicant;
      5. A complete description of all water rights and water shares which have been utilized on the subject property during the ten (10) years prior to the date of the application;
      6. A description of all water rights and water shares conveyed to the City by the applicant, related to the subject property;
      7. A description of any water rights or water shares conveyed to the City by any prior owner of the subject property during the ten (10) years prior to the date of the application, related to the subject property;
      8. A complete description of the disposition or sale of any water rights or water shares related to the subject property during the ten (10) years prior to the date of the application;
      9. All studies and reports prepared by the applicant, their agents or prior owners regarding water usage and/or availability of water related to the subject property during the previous ten (10) years prior to the date of the application;
      10. A report in a form acceptable to Alpine City showing all recorded liens, encumbrances and ownership interests related to all water rights and water shares related to the subject property as of the date of the petition;
      11. Copies of all relevant documents evidencing or relating to water rights and water shares related to the subject property;
      12. A specific and detailed description of the basis for the applicant's assertion that the water rights acquisition policy is unlawful, inequitable or otherwise should be modified with respect to the applicant and the subject property for which the building permit is requested based on the standards set forth in this ordinance;
      13. A specific description of the modifications of the Alpine City water rights acquisition policy which petitioner is requesting with the supporting factual basis for such assertion.
          
          The Planning Commission and/or City Council may request additional information reasonable necessary, in their opinion, to arrive at a conclusion regarding the hardship relief petition.
   4. Failure to Submit Information. In the event that any of the information required to be submitted by the applicant is not reasonably available, the applicant shall file with the petition a statement of the information that cannot be obtained and shall describe the reasons why such information is unavailable.
   5. Review and Recommendation by the Planning Commission. Within thirty (30) days of the filing of a completed hardship relief petition, together with all required and requested supporting information and documentation required by the City Council or the Planning Commission, the Planning Commission shall review the petition and shall submit its written report and recommendation to the City Council, with a copy to be mailed to the petitioner, within thirty (30) days following the conclusion of the meeting of the Planning Commission at which the review has been completed and the report and recommendation prepared, stating its reasons in writing for the report and recommendation to the City council for approval or disapproval of the petition.
   6. Hearing by the City Council. Within thirty (30) days following receipt of the Planning Commission's report and recommendation, the City council shall schedule a public hearing with appropriate notice. At the public hearing, the applicant shall be entitled to present evidence and call witnesses.
   7. Burden of Proof. The applicant shall have the burden of proving that the strict application of the Alpine City water rights acquisition policy is inequitable, unreasonable, unlawful, or should be modified, in whole or in part, as applied to the specific applicant or property for which building permit is sought based on the standards set forth in this ordinance.
   8. Findings of the City Council. The City council may modify the Alpine City water rights acquisition policy to the extent reasonable necessary to prevent the policy from being applied unlawfully, unreasonable or inequitable based on the standards and provisions set forth in this ordinance. The City council shall, on the basis of the evidence and testimony presented, make specific findings as part of its decision. The decision of the City Council shall be mailed to the applicant within thirty (30) days following the conclusion of the public hearing.
   9. Decision Final. The decision of the City Council shall be final.

(Ord. 95-08, 3/28/95)

1. Wherever the terms of this Ordinance require a building height, said height shall be the vertical distance from the "average elevation of the finished grade" of the structure to the "roof line of the structure" except in the CE-50 zone. For purposes of compliance with this Ordinance:
   1. Average elevation of the finished grade shall be the proposed finished grade of each major corner of the structure, divided by the number of corners.
   2. Roof line of the structure shall be as follows, as applicable:
      1. Flat roof - the highest of a flat roof or top of any adjacent parapet wall, whichever is higher.
      2. Mansard type roof - the deck line.
      3. Gable, hip or gambrel roof - the elevation measured at the midway point between the highest part of the roof ridge line and the lowest elevation of the eaves or cornice of the main roof structure (not including independent, incidental roof structures over porches, garages and similar add-on portions of the structure).
         
         
2. Taller accessory buildings may be permitted as a conditional use upon approval by the Planning Commission if the following conditions are met:
   1. Accessory buildings are listed as a conditional use within the zone.
   2. The lot or parcel upon which the accessory building is proposed to be placed shall have a lot area of not less than two (2) acres.
   3. The accessory building shall be located not less than 75 feet to the primary dwelling and not closer than 50 feet to any side or rear property line.
   4. Prior to approval, a site plan showing the proposed location of the accessory building shall be submitted, and approved by the Planning Commission.
   5. The Planning Commission may attach other conditions as deemed necessary.
   6. The height of the accessory building shall not exceed 34 feet as measured from average finished grade to the ridgeline. 

(Amended by Ordinance No. 2001-06)

Animal and fowl allowed in the City of Alpine shall be used only for family food production or the enjoyment and convenience of the owner, and shall be subject to the regulations of the State Health Department and the City of Alpine. The following regulations shall apply in all zones:

1. Horses/cows. One horse or cow, and suckling offspring up to 6 months, shall be permitted on a 10,000 square foot lot, plus one animal for each additional 10,000 square feet. There shall be a maximum of five (5) animals per lot. Exceptions for additional animals may be granted by the City Council on lots over 5 Acres in size, with consideration given to proximity to neighbors, proximity to dwellings, and the overall percentage of land designated for the large animals to roam.
   
2. Pigs. One pig, and suckling offspring up to 6 months, shall be permitted on a 10,000 square foot lot, plus one more pig for an additional 10,000 square feet. There shall be a maximum of two (2) pigs regardless of lot size.
   
3. Goats/sheep. One goat or sheep, and suckling offspring up to 6 months, shall be permitted on a 10,000 square foot lot or two goats or sheep on a 20,000 square foot lot, plus two additional sheep or goats for each additional 10,000 square feet with a maximum of ten sheep or goats.
   
4. Other animals. Exotic animals or animals not mentioned above may be permitted after review and recommendation by the Planning Commission and approval by the City Council.
   
5. Animal enclosures. Barns, stables, corrals, pens, coops and runs for the keeping of animals and fowl are allowed provided such uses are located at least seventy-five (75) feet from any neighboring dwelling. Animal enclosures may be located closer than seventy-five (75) feet to the animal owner's home. Such facilities shall be maintained in a clean and inoffensive condition. A fence around the perimeter of the parcel is not considered an enclosure.
   
6. Fur bearing animals. The raising of fur bearing animals shall require review and recommendation by the Planning Commission and approval of the City Council.
   
7. Slope. On lots greater than twenty (20) percent average slope, the type and extent of agricultural use shall require review and recommendation by the Planning Commission and approval by the City Council.
   
8. Additional animals. Conditional approval for additional animals may be granted by the City Council upon recommendation by the Planning Commission.
   
9. Pre-existing rights. In instances where a new dwelling is built within seventy-five feet of an existing animal enclosure, the animal owner shall have a pre-existing right and shall not be required to move the animals or enclosure. If the animal enclosure is removed, the right is abandoned. If a new enclosure were built, the property owner would have to comply under the new ordinance.
   
10. Beekeeping
    
    1. Purpose. The purpose of this section is to authorize beekeeping subject to certain requirements intended to avoid problems that may otherwise be associated with beekeeping in populated areas.
       
    2. Hives.
       
       1. A person shall not locate or allow a hive on property owned or occupied by another person without first obtaining written permission from the owner or occupant.
          
       2. Hives shall be placed at least five (5) feet from any property line; provided, however, that this requirement may be waived in writing by the adjoining property owner.
          
    3. Beekeeper Registration. Each beekeeper shall be registered with the Utah Department of Agriculture and Food as provided in the Utah Bee Inspection Act set forth in Title 4, Chapter 11 of the Utah State Code, as amended.
       
    4. Flyways. A hive shall be placed on property so the general flight pattern of bees is in a direction that will deter bee contact with humans and domesticated animals. If any portion of a hive is located within fifteen (15) feet from an area which provides public access or from a property line on the lot where an apiary is located, as measured from the nearest point on the hive to the property line, a flyway barrier at least six (6) feet in height shall be established and maintained around the hive except as needed to allow access. Such flyway, if located along the property line or within five (5) feet of the property line, shall consist of a solid wall, fence, dense vegetation, or a combination thereof which extends at least ten (10) feet beyond the hive in each direction so that bees are forced to fly to an elevation of at least six (6) feet above ground level over property lines in the vicinity of the apiary.
       
    5. Water. Each beekeeper shall ensure that a convenient source of water is available to the colony continuously between March 1 and October 31 of each year. The water shall be in a location that minimizes any nuisance created by bees seeking water on neighboring property.

The following information is to be used whenever residential underground or aboveground propane tanks are installed in Alpine City. This information is to correlate with the NFPA 58 and International Fire Code.

1. All installations shall comply with this ordinance and with all applicable regulations including Utah State Code, the International Fire Code, and NFPA 58.
2. All approved LPG installations and burying of underground tanks and lines must be witnessed in the presence of an LPG licensed contractor and inspected by the Fire Department.
3. Installer Certification. Installation and burying of any LPG tank(s) is only to be done by individuals or companies that are certified and licensed through the Utah State Fire Marshal’s Office.
   
4. Building Permit. A building permit shall be required for all underground LPG tanks. A permit shall be required for all aboveground LPG tanks that are 125 gallons water capacity or greater. Two sets of plans shall be submitted and a permit must be obtained prior to any installation and all fees paid in advance.
   
5. Tank Capacities and Type. Tank capacity shall not exceed a maximum tank size of 1,000 gallons water capacity and no more than 2,000 aggregate gallons water capacity may be installed on a property. Tank types shall be in accordance with the International Fire Code and NFPA 58.
6. Inspections. All tanks shall be inspected upon installation, eighteen (18) months from the date of installation, and then on a three (3) year basis. The owner of the tank shall be responsible for obtaining the inspection and submitting a copy of the inspection report to the Fire Department. Inspections shall be done by individuals or companies that are certified and licensed through the Utah State Fire Marshal’s Office.
7. Underground LPG Tanks
   1. Sand Base. Although concrete foundations are required, sand should still be used in the bottom of the hole for drainage. It is a good practice to put a 6-12 inch layer of coarse sand in the bottom of the hole before setting the tank. (NFPA 6.6.6.1 (k))
      
   2. Water Tables. Underground LPG tanks are not allowed in areas of Alpine City were high water tables exist or in federal flood zones, unless approved by the Fire Chief. Provisions must be made to adequately secure the tank to the ground, or by a concrete slab to prevent flotation. Remember that a properly filled propane tank can float because the density of propane is about half that of water. Where straps come in contact with the tank, protection between the tank and the straps is to be provided. Thick tar-paper, celetex, etc. that is water resistant will suffice. (NFPA 6.6.1.6)
      
   3. Corrosion Protection Equipment. In order to reduce the problem of corrosion of underground LPG tanks, sacrificial anodes are to be installed in the ground near the tank. The anodes are connected by a copper cable to the tank. Anodes are usually a soft metal, such as magnesium or zinc. They are made as solid rods or stakes, as well as soft powder in small bags. These must be installed as per tank manufacturer’s specifications. (NFPA 6.14)
      
   4. Tank Coating. Underground tanks must be designed and coated for underground installation. They are usually factory coated. However, coatings may have been scratched off during transportation and installation. As a result, the tank must be touched up with the same type of paint or coating on site prior to being installed in the ground. (NFPA 6.6.6 I & 6.6.6.2 (2))
      
   5. Tank Depth. The top of the tank when set in the hold must be at least six (6) inches below grade. If the tank is to be installed in an area where vehicles may travel close to the tank, the tank must be installed at least eighteen (18) inches below grade with compacted soil on top. (NFPA 6.6.6.1a, b)
      
   6. Backfill. The hole is to be backfilled with coarse sand and will be free of rocks and abrasives. The tank surface is not to be scratched. A minimum of twelve (12) inches of backfill is to be tamped down around the tank, then an additional twelve (12) inches is filled in and tamped, etc. until the hole is full. (NFPA 6.6.6.1 (K))
      
   7. Location of Containers. The minimum separation between containers installed underground will be three (3) feet. No part of an underground ASME container will be less than 10 feet from a building or line of adjoining property that can be built upon. See attached tables. (NFPA Table 6.3.1) (IFC 3804)
      
   8. Vehicular Traffic. Where containers are installed underground and within 10 feet of where vehicular traffic can be expected, protection against vehicular damage will be provided for the fitting housing cover, tank connections, and piping. (NFPA 6.6.6.1 d)
      
   9. LPG Testing of Piping System. All residential piping for LPG installations will be tested a minimum of 10 minutes and tested with an approved gas detector, a non-corrosive leak detection fluid or other approved leak detection methods.
      
   10. Burying Lines. Buried metallic pipe and tubing shall be installed underground with a minimum twelve (12) inch of cover. The minimum cover shall be increased to eighteen (18) inches if external damage to the pipe or tubing from external forces is likely to result.
       
       If a minimum twelve (12) inch of cover cannot be maintained, the piping shall be installed in conduit or shall be bridged (shielded). (NFPA 6.8.12) Where an underground piping is beneath driveways, roads, or streets, possible damage by vehicles shall be taken into account. (NFPA 6.8.13)
       
   11. Tracer Wire. An electrically continuous corrosion-resistant tracer wire (minimum AWG 14) or tape shall be buried with the polyamide or polyethylene pipe to facilitate locating the pipe.
       1. One end of the tracer wire shall be brought aboveground at a building wall or riser.
          
       2. The tracer wire or tape shall not be in direct contact with the polyamide or polyethylene pipe.
          
8. Aboveground LPG Tanks
   
   1. Tank Locations. Tank location must comply with proper distances from buildings, roadways, property lines, separation distances from other tanks and away from overhead electrical lines. (Consult IFC Table 3804.3) (NFPA 6.3.1)
      
   2. Combustible Materials. Weeds, grass, bush, trash and other combustible materials are kept a minimum of ten (10) feet away from LPG tanks. (IFC 3807.3)
      
   3. Guard Posts. If exposed to vehicular damage due to proximity to alleys, driveways or parking areas, LPG tanks, regulators and piping will be protected by guard posts constructed of steel, not less than four (4) inches in diameter, filled with concrete. Posts are to be spaced not more than four (4) feet apart, buried three (3) feet in the ground in concrete not less than fifteen (15) inches in diameter. Set with the tops of the posts not less than three (3) feet above the ground and located not less than three (3) feet from the tank. Other means of tank protection if approved may consist of landscape type boulders, cement walls, etc. (NFPA amended) (IFC 3807.4)
      
   4. Underneath Buildings. LPG cylinders cannot be installed underneath any building unless the space is open to the atmosphere for fifty (50) percent of its perimeter or more. (NFPA 6.3.8)
      
   5. Painting. The tank is to have a light color to prevent heat absorption. (NFPA 6.6.1.4)
      
   6. Power Lines. The LPG tanks and any of its parts will not be located within six (6) feet of a vertical plane beneath overhead electric power lines that are more than 600 volts.
      (NFPA 6.4.5.12)
      
   7. Installation Foundation. Tanks will be installed upon a firm foundation or be otherwise firmly secured. Recommended is a four (4) inch thick concrete pad. The cylinder will not be in contact with the soil. (NFPA 6.6.1.4)
   8. LPG Testing of Piping System. All residential piping for LPG installations will be tested a minimum of ten (10) minutes and tested with an approved gas detector, a non-corrosive leak detection fluid or other approved leak detection methods.
   9. Burying Lines. Buried metallic pipe and tubing shall be installed underground with a minimum twelve (12) inch of cover. The minimum cover shall be increased to eighteen (18) inches if external damage to the pipe or tubing from external forces is likely to result. If a minimum twelve (12) inch of cover cannot be maintained, the piping shall be installed in conduit or shall be bridged (shielded). (NFPA 6.8.12) Where underground piping is beneath driveways, roads, or streets, possible damage by vehicles shall be taken into account. (NFPA 6.8.13)
   10. Tracer Wire. An electrically continuous corrosion-resistant tracer wire (minimum AWG 14) or tape shall be buried with the polyamide or polyethylene pipe to facilitate locating the pipe.
       
       1. One end of the tracer wire shall be brought aboveground at a building wall or riser.
          
       2. The tracer wire or tape shall not be in direct contact with the polyamide or polyethylene pipe.

(Ordinance No. 2011-10, 5/10/11)