This title shall be known as title 10, or the LAND USE ORDINANCES OF NORTH SALT LAKE CITY, and may be so cited and pleaded. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code; Ord. 2025-06, 4-1-2025)

This title is adopted to provide for the health, safety and welfare, and promote the prosperity, improve the morals, peace and good order, comfort, convenience and aesthetics of the City and its present and future inhabitants and businesses, to protect the tax base, secure economy in governmental expenditures, to foster the State agricultural and other industries, to protect both urban and nonurban development, to protect and ensure access to sunlight for solar energy devices, to provide fundamental fairness in land use regulation, and to protect property values. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)

The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the district regulations and all other regulations appearing elsewhere in this Code. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)

In interpreting and applying the provisions of this Code, the requirements contained herein are declared to be the minimum requirements for the purposes set forth. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)

   A.   This code shall not nullify the more restrictive provisions of covenants, agreements or other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.

   B.   Whenever other restrictions or provisions are adopted under state law, the most restrictive requirement shall govern. However, the city may not impose stricter requirements than are required in Utah Code Annotated sections 10-9a-305, 10-9a-514, 10-9a-516 and 10-9a-520. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)

The existing ordinances covering zoning, in their entirety, and including the maps heretofore adopted and made a part of said ordinances, are hereby superseded and amended to read as set forth herein; provided, however, that this title, including the attached map or maps, shall be deemed a continuation of previous codes and not a new enactment, insofar as the substance of revisions or previous codes is included in this title, whether in the same or in different language; and this title shall be so interpreted upon all questions of construction relating to tenure of officers and boards established by previous codes, to questions of conforming or nonconforming uses and buildings and structures, and to questions as to the dates upon which such uses, buildings or structures became conforming or nonconforming. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)

All departments, officials and public employees of the city which are vested with duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this title and any such permit or license, if issued in conflict with the provisions of this title, shall be null and void. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)

Should any chapter, section, clause or provision of this title be declared by the courts to be invalid, the same shall not affect the validity of this title as a whole, or any part thereof, other than the part so declared to be invalid. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)

   A.   Misdemeanor: Any person, firm or corporation, whether as principal, agent or employee, who violates or causes the violation of any of the provisions of this title, shall be guilty of a class C misdemeanor as allowed by state code and, upon conviction thereof, shall be punished as provided in section 1-4-1 of this code. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)

   B.   Other Permitted Action: In addition, the following may institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, or maintenance or use:

      1.   The city by action of the city council; or

      2.   Any owner of real estate within the zoning district in which an alleged violation of this title has occurred; or the owner of real estate across a zoning district line and abutting or facing the real estate where the alleged violation has occurred. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)

   A.   Administrative Remedies Exhausted: No person may challenge in district court the city land use decision made under this chapter or under the regulation made under authority of this chapter or this title, until they have exhausted their administrative remedies.

   B.   Petition For Review; Time Limit To File: Any person adversely affected by any decision made in the exercise of the provisions of this chapter may file a petition for review of the decision with the district court within thirty (30) days after the local decision is rendered, and written notice to the applicant, or designated representative. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)

   A.   Authority: The city or any owner of real estate within the city in which violations of this chapter or ordinances enacted under the authority of this chapter occur or are about to occur may, in addition to other remedies provided by law, institute:

      1.   a. Injunctions, mandamus, abatement, or any other appropriate actions; or

         b.   Proceedings to prevent, enjoin, abate or remove the unlawful building, use or act.

      2.   The city need only establish the violation to obtain the injunction.

   B.   Withhold Building Permit: The city may enforce this title by withholding building permits.

      1.   It is unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the city without approval of a building permit.

      2.   The city may not issue a building permit unless plans of and for the proposed erection, construction, reconstruction, alteration or use fully conform to all regulations then in effect. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)

(Rep. by Ord. 2012-07, 4-30-2012)

An application for a building or use permit shall be made to the building official and shall include a site plan and such other information as may be required by ordinance in the city. (See latest edition of the international building code, as adopted.) (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)

   A.   Permits Required: No building or structure shall be constructed, reconstructed, altered or moved, and no land shall be used, except after the issuance of a building, use and occupancy permit for the same by the building official.

   B.   Issuance Of Permits In Violation Prohibited: Building, use and occupancy permits shall not be granted for the construction or alteration of any building or structure, for the moving or removal of a building onto or from a lot, or for the use or occupancy of a building or land, if such structure, construction, alteration, moving, use or occupancy would be in violation of any of the provisions of this title. Permits issued in violation of any provision of this title, whether intentional or otherwise, shall be null and void.

   C.   Improvements Completed Prior To Occupancy Permit: An occupancy permit shall not be issued until the zoning administrator and building official shall have filed on record a report finding that the structures and intended uses are in compliance with the provisions of this title and specifically as to location and completion of both off site (curb, gutter, sidewalk, paving, utilities, fences, ditches, etc.), and on site (buildings, etc.) improvements. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)

The installation of curb, gutter, sidewalks, street paving, drainage culverts, and covered or fenced irrigation ditches of a type approved by the city council shall be required on any existing or proposed street adjoining a lot on which a building is to be established. Such curbs, gutters, sidewalks, paving, drainage culverts, and safety features for irrigation ditches and canals, etc., are required as a condition of building permit approval, when the city adopts a policy that such street is to be improved according to a given plan adopted by the city. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)

Buildings and structures requiring a building permit pursuant to the provisions of this title shall not be occupied nor put into use until the building official has inspected such building or structure, finds compliance with this title and the building code of the city, and gives a written certificate of occupancy and use to the owner or his agent to occupy or use the building or structure in the manner approved by the issuance of a valid building permit. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)

Any lot legally held in separate ownership at the time of adoption of this title, which lot is below the requirements for lot area or lot width or frontage for the district in which it is located and on which lot a dwelling would be permitted if the lot met the area requirements of this title, may be used for a single-family dwelling if such a lot is located in a residential district. The width of each of the side yards for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the required lot width; provided, that in no case shall the smaller of the two (2) yards be less than five feet (5'), nor shall the total width of the two (2) yards be less than thirteen feet (13'); provided, however, that when this title replaces a previously adopted zoning ordinance, if a lot was legally created under the provisions of that ordinance, it shall be classified as a legal nonconforming lot under this title. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. Ord. 2025-06, 4-1-2025)

After adoption of this title, no lot having less than the minimum width, depth and area required in the district in which it is located may be created, nor shall building permits be issued for construction on such nonconforming lots created subsequent to adoption of this title. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. Ord. 2025-06, 4-1-2025)

Except for planned unit developments, condominiums and as otherwise provided in this title, every lot presently existing or hereafter created shall have such area, width and depth as required by this title for the district in which such lot is located and shall have frontage upon a public street or upon a private street or right-of- way approved by the Planning Commission, before a building permit may be issued; provided, that no lot containing five (5) acres or less shall be created which is more than three (3) times as long as it is wide. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. Ord. 2025-06, 4-1-2025)

Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth and frontage required by this title for the district in which the dwelling structure is located, except that farm or ranch dwellings, group dwellings, condominiums, and other multi-structure dwelling complexes under single ownership and management, which are permitted by this title and have approval from the Planning Commission, may occupy a single lot. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. Ord. 2025-06, 4-1-2025)

Lots with frontage only on private streets shall be allowed by conditional use permit procedure only, and shall be subject to all applicable requirements of this title. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. Ord. 2025-06, 4-1-2025)

No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. Ord. 2025-06, 4-1-2025)

Every part of a required yard shall be open to the sky, unobstructed except for permitted accessory buildings in a rear yard, the ordinary architectural projections of skylights, sills, belt courses, cornices, chimneys, flues, and other ornamental features which project into a yard not more than two and one-half feet (21/2'), and open or lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than five feet (5'). (Ord. 93-5, 7-6-1993, eff. 7-15-1993; Ord. 2025-06, 4-1-2025)

The maximum height of a building shall be measured at the foundation with the highest point of final finished grade elevation to the highest point of the building roof or coping. (See figure 1 of this section.) Buildings constructed on hillsides may have a maximum of one basement story exposed on the lowest point of elevation of finished grade. The maximum height of the building from the lowest point of elevation at the foundation, including the basement story, shall include an additional ten feet (10') for the basement level.

Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless, radio or television masts, theater lofts, silos, energy generation and conservation apparatus, or similar unoccupied features, may be erected above the height limits herein prescribed. Nonetheless, no space above the height limit shall be allowed for purposes of providing additional floor space, nor shall such increased height be in violation of any other ordinances or regulations of the City.

   FIGURE 1

 

(Ord. 2018-11, 10-2-2018; amd. Ord. 2025-06, 4-1-2025)

Public buildings and utility buildings, when authorized in a district, may be erected to a height greater than the district height limit by conditional use permit. (Ord. 2018-11, 10-2-2018; amd. Ord. 2025-06, 4-1-2025)

   A.   Water: A culinary water supply, which shall be approved by the City Engineer and State Board of Health, shall be available to each lot in the subdivision and shall be provided in conformance with the standards and rules and regulations of the City. Where an approved public water supply is available, the subdivider shall install water mains and service lines or laterals from such mains to each lot within the subdivision, prior to the installation of road base, surfacing, curbs, gutters and sidewalks.

   B.   Sewer: All sewer lines shall be connected to South Davis Sewer Improvement District. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code; Ord. 2025-06, 4-1-2025)

For the purpose of providing adequate vision of vehicular and pedestrian traffic, a clear view area shall be maintained at the intersection of every street, whether public or private, and at the intersection of every driveway with a public or private street. The clear view provisions are considered life safety standards and shall supersede any conflicting provisions of this title.

No provision of this section shall be construed to allow the continuance of any nonconforming tree, shrub, plant or plant growth, fence, wall, other screening material, or other obstruction which interferes with the safety of pedestrians or vehicle traffic.

   A.   The clear view area for a street intersection shall be determined by measuring forty feet (40') from the point of intersection of street curb lines, and then connecting the termini of those lines forming a triangle that encompasses a portion of the street right-of-way and the adjoining lot. Within that clear view area, the following shall apply:

      1.   Solid fences, walls, sight obscuring vegetation and/or other sight obscuring devices shall not exceed two feet (2') in height above the level of the curb.

      2.   Chainlink fences or fences which are seventy five percent (75%) or more open shall not exceed four feet (4') in height above the level of the curb.

      3.   Tree trunks shall not be located within the clear view triangle, however, tree canopies may extend into the clear view area if they are trimmed at least seven feet (7') above the ground level.

      4.   No sign shall be allowed in the clear view triangle unless it is specifically permitted by this title and it is determined by the City Engineer that it is not a safety hazard. (Ord. 07-13, 6-5-2007)

      5.   No obstruction of any sort shall be allowed which interferes with the safety of pedestrians or traffic unless it is specifically permitted by this title and it is determined by the City Engineer that it is not a safety hazard. (Ord. 07-13, 6-5-2007; amd. 2012 Code)

   B.   The clear view area for the intersection of a driveway and a street shall be determined by first establishing the point of intersection of the driveway edge and the street property line, then measuring ten feet (10') along the property line away from the driveway, and ten feet (10') along the edge of the driveway in toward the property. A line is then drawn from the termini of the two (2) lines, forming a triangle. Within this area, a chainlink fence or a fence seventy five percent (75%) or more open shall be a maximum of four feet (4') in height, and any wall or other type of fence or sight obscuring growth shall be a maximum of three feet (3') in height. (Ord. 07-13, 6-5-2007; amd. Ord. 2025-06, 4-1-2025)

When approved by the City Council, the Planning Commission may require the erection of fences as a prerequisite to approval of any project or to the granting of any building permit where, in the opinion of the Planning Commission, this is necessary to protect life and property, or to prevent conflict of uses. Such fences shall be of a type and size necessary, in the opinion of the Planning Commission, to accomplish the above stated purpose. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. Ord. 2025-06, 4-1-2025)

No person shall construct, erect, install, place, or replace any fence in the City not in compliance with the terms and conditions of this title and the International Residential Code. Fences lawfully existing or permitted prior to the effective date hereof (March 6, 2018), shall not be enlarged, extended or replaced, except in strict compliance with all the requirements of this title.

   A.   Residential Zoning Districts:

      1.   Permitting:

         a.   Fence Permit: A fence six feet (6') in height or less shall be required to obtain a land use permit to ensure the placement and materials are in conformance with applicable codes.

         b.   Existing Fences: For existing fences a building permit is not required for painting, maintenance or repair. The property owner shall be responsible for the following:

            (1)   Installing the fence within the boundaries of the owner’s property and in compliance with this section, including proper materials, height, setback and clear view areas; and

            (2)   Complying with any subdivision covenants or restrictions, deed restrictions and utility easement restrictions.

         c.   Fences Requiring A Building Permit: A fence greater than six feet (6') in height requires a building permit which shall be obtained prior to construction, erection, installation, or placement. A building permit shall be valid only for the term of issuance, unless suspended or revoked.

         d.   Permit Application: For any fence which requires a building permit, the following shall be filed with the City:

            (1)   A completed City building permit application form;

            (2)   A drawing, site plan or plat map displaying property boundaries, the location of the buildings and structures on the property, the proposed location of the fence, height of the fence, fencing materials and its distance from existing structures on the property;

            (3)   Engineering calculations including wind and snow loads;

            (4)   The written consent of the property owner(s) where the fence will be installed; and

            (5)   Any other information required by the City to assist in the review of the application.

         e.   Permit Fee: A permit fee shall be remitted upon issuance of the building permit, the amount of which shall be established by the City building official in accordance with the adopted City fee schedule.

         f.   Application Review And Permit Issuance: The Community Development Department shall review, approve and issue the building permit provided that the application is in compliance with this Code.

         g.   Completion Of Installation: A fence authorized by a building permit shall be fully installed in accordance with this title within one hundred eighty (180) days of the date of permit issuance.

            (1)   A permit shall expire one hundred eighty (180) days after the date of issuance, after which no work requiring such a permit shall be commenced, resumed or undertaken until an extension is granted or a new permit is issued.

            (2)   The applicant may file a written request for an extension of the building permit prior to expiration, stating the reason for the request. If good cause is shown, an additional one hundred eighty (180) days may be granted by the Community Development Director to complete the fence installation.

      2.   General Requirements:

         a.   Obstruction Of Ingress/Egress Area Of A Dwelling: A wall or fence may not be installed in any yard that will shield any window or opening in a habitable space of a dwelling. A minimum distance of three feet (3') shall be maintained between any fence and any such window or opening in a dwelling.

         b.   Height Measurement: Fence height shall be measured from the finished grade to the highest point of the fence. “Finished grade” means the average finished grade of the property nearest the fence.

            (1)   Berms or other means to raise the elevation of the ground upon which a fence is proposed to be located shall be included in the measurement of fence height.

            (2)   Fence height determinations shall be made by the Community and Economic Development Director, or designee.

         c.   Grade Differential: If a grade differential exists along a property line separating two (2) lots as a result of a retaining wall or topographic feature, a fence, hedge, wall or other permitted screening device may be erected to the maximum height permitted on either side of the property line.

         d.   Vacant Lots: Fencing standards shall apply to a vacant or undeveloped lot in the same manner as a developed lot.

         e.   Front Yard Regulations: Fences installed in a front yard shall comply with all of the following requirements:

            (1)   A fence seventy five percent (75%) or more open is allowed up to four feet (4') in height within the front yard setback. The front yard setback is that area including side yards, between the front yard setback line and the front property line;

            (2)   A fence which is not seventy five percent (75%) or more open is allowed up to three feet (3') in height;

            (3)   No person shall locate a fence exceeding four feet (4') in height between the principal structure and the front property line; and

            (4)   Fences which exceed three feet (3') in height shall not encroach within clear view areas as regulated in section 10-1-27 of this chapter.

         f.   Rear/Side Yard Regulations: Fences in rear and side yards shall meet all of the following requirements:

            (1)   Fences up to six feet (6') in height are permitted in side or rear yards and shall not extend beyond the front yard setback line.

            (2)   If a higher fence is necessary to prevent wildlife from entering a property, the maximum height of the fence located within the rear and side yards may be increased to eight feet (8') subject to the provisions of subsection A2h(1) of this section. Such fences shall only be allowed in side and rear yards behind the front building line of the principal structure. Fences above six feet (6') in height are not permitted in the minimum rear yard setback on a double frontage lot.

            (3)   Fences which exceed three feet (3') in height shall not encroach within clear view areas as regulated in section 10-1-37 of this chapter.

            (4)   A fence abutting the interstate freeway system may be erected to a height not exceeding eight feet (8') on the property line adjacent to the freeway right-of-way.

            (5)   No fence shall be permitted in excess of six feet (6') in a street side yard on a corner lot.

         g.   Corner Side Yard: Fences on corner lots shall meet all of the following requirements:

            (1)   Decorative wrought iron fencing or fencing that is similar in appearance and which is at least seventy five percent (75%) or more open may be installed up to six feet (6') in height, one foot (1') behind sidewalk; and shall not extend into the front yard setback.

            (2)   Solid fences shall be permitted up to six feet (6') in height and shall be set back a minimum of five feet (5') behind the sidewalk or side street property line, whichever is greater; and may not extend into the front yard setback. (See figure 1 of this section.)

            (3)   Solid fences shall not encroach into any ten foot (10') clear view triangle for adjacent property owner driveway. (See figure 1 of this section.)

            (4)   Where corner lots are adjacent to each other with rear yards abutting, a six foot (6') solid fence is permitted, set back five feet (5') from the street side yard lot line. (See figure 1 of this section.)

            (5)   Where a corner lot rear property lot abuts a side yard of a neighboring property line, solid fences shall be set back from the sidewalk or street side property line to the minimum front setback of the adjacent lot. (See figure 1 of this section.)

   FIGURE 1

   SOLID FENCES

         h.   Materials: All fences shall meet all of the following requirements:

            (2)   No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, or other similar items. Materials not specifically manufactured for fencing shall not be used for, or in the construction of a fence.

         i.   Maintenance:

            (1)   Fences shall be maintained in a manner to prevent rust, corrosion and deterioration, not to become a public or private nuisance, and not to be dilapidated or a danger to adjoining property owners or the public.

            (2)   Fences shall not create an appearance of patchwork, which is indicative of a state of disrepair.

            (3)   Every fence installed shall be maintained in such a way that it will remain plumb and in good repair.

         j.   Existing Fences:

            (1)   Any fence existing as of the effective date hereof, shall not be enlarged, extended or replaced, except in strict compliance with all the requirements of this title.

            (2)   A noncomplying wall, fence, landscaping element or related site feature shall be considered a noncomplying site element and shall not be reconstructed, except as permitted under the procedures of noncomplying sites as set forth in this title.

         k.   Prohibited Fences: No person shall install:

            (1)   A fence which creates a hazard to users of the street, sidewalk or to nearby property; or

            (2)   An incomplete fence, consisting only of posts and supporting members.

         l.   Special Fences: Fences and/or enclosures for specific uses (whether public or private) including swimming pools, sports courts, or gardens shall meet all of the following requirements:

            (1)   If up to ten feet (10') in height, it shall not be sight obscuring and shall be at least five feet (5') away from the property line;

            (2)   Shall be in side and rear yards located behind the front building line of the principal structure. All corner lots shall have one street side yard and one front yard;

            (3)   Permitted if greater than ten feet (10') in height and/or closer than five feet (5') to a property line with a conditional use permit or, if the fence is part of a new project, through a site plan review approval;

            (4)   Chainlink is an acceptable material for special fences; and

            (5)   No fence shall be permitted in excess of six feet (6') in a street side yard on a corner lot.

      3.   Appeals:

            a.   Appeals: An aggrieved person adversely affected by the denial of a permit or decision, determination or interpretation under this subsection A may appeal such denial, decision, determination or interpretation within ten (10) days to the City’s Hearing Officer.

   B.   Subdivisions, Planned Unit Developments, Or Multifamily Developments:

      1.   Reverse frontage lots:

         a.   A wall or fence of six feet (6') shall be required along the rear lot line of a reverse frontage lot.

         b.   Perimeter walls or fences required in conjunction with a subdivision plat or planned unit development approval, walls or fences along the rear lot line of reverse frontage lots may have a maximum height of eight feet (8') with specific approval of the Planning Commission and shall have a minimum five foot (5') landscape buffer between the wall and the sidewalk, or curb, whichever distance is greater.

      2.   New residential developments adjacent to an existing non- compatible or not similar use: Any walls or fences where required along the development perimeters shall be constructed of masonry, tilt up concrete panels, decorative wrought iron or similar decorative metal fencing, composite fencing, or other decorative material approved by the Planning Commission with the exception of vinyl and chain link fencing which is prohibited.

   C.   General Commercial And Industrial Developments: The following shall apply to any lot or parcel, except where legally existing prior to the effective date of these regulations:

      1.   A wall or fence shall be a maximum of six feet (6') in height, with the exception that any wall or solid fence located within twenty feet (20') of a public street shall be a maximum of three feet (3') in height. Any fence seventy five percent (75%) or more open, located within twenty feet (20') of a public street, shall be a maximum of four feet (4') in height.

      2.   Center Street, Redwood Road, Cutler Drive or 1100 North: Chain link fencing shall be permitted only on side and rear property lines which are not adjacent to residential land uses or zone districts. Such use of chain link fencing shall not extend beyond the front facade of the building. Chain link fencing shall not be permitted on a side street property line.

      3.   All gates for vehicular access to areas used for parking or storage shall slide sideways or swing inward. Gates along front or street side property lines shall not be constructed of chain link fencing.

      4.   Any outdoor storage area shall be in conformance to section 10-19-3(E).

      5.   Any roof mounted mechanical equipment shall be screened from the public view by a parapet wall or similar device that is no lower in height than six inches (6") below the height of the mechanical equipment on the exposed side or sides. No chainlink fencing, with or without slats, shall be allowed as a screening device for roof mounted mechanical equipment.

      6.   A solid screening device or wall of masonry, composite, or similar material shall be constructed along property lines which are located within twenty feet (20') of a single-family residential development or zone. Such wall shall be a minimum of six feet (6') in height, except that the first twenty feet (20') in from the street property line shall be stepped down to three feet (3') in height.

   D.   Barbed Wire And Electrical Fence Restrictions:

      1.   Barbed Wire: It shall be unlawful for any person to erect or cause to be erected or to maintain any barbed wire fence or any fence topped with barbed wire or any similar device in any residential zone. In any commercial or manufacturing zone, where permitted under section 10-11-3 of this title, barbed wire may be attached to the top of a fence or similar structure at a height not less than six feet (6') above the ground in height. In such cases, no more than three (3) strands of barbed wire, strung tightly and not coiled, shall be allowed and not be included in the overall height requirement of the fence. Razor wire is strictly prohibited in any application.

      2.   Electric Fences: It shall be unlawful for any person to install, maintain, or operate an electric fence in violation of this section. Electric fences are allowed as a permitted use in the M-D and M-G Districts only. Electric fences abutting a residential use are prohibited. Electric fences in the permitted zoning districts are allowed subject to the following requirements:

         a.   Location Requirements: Electric fences shall only be allowed for security of outdoor storage. Electric fences shall not be allowed in required front yard setbacks.

         b.   Fence Height: Electric fences shall be a maximum height of ten feet (10').

         c.   Perimeter Fence Or Wall: No electric fence shall be installed or used unless it is fully enclosed by a nonelectrical fence or wall that is a minimum of six feet (6') in height, not to exceed the height of the electric fence. The nonelectrical fence shall be constructed of materials that reasonably prevent a person from reaching through the outer fence to touch the electric fence. There shall be at least one foot (1') of spacing between the electric fence and the perimeter fence or wall. The area between the fences shall be kept clear of landscaping, shrubbery, other fences, or material of any kind.

         d.   Warning Signs: Electric fences shall be clearly identified with warning signs that read: “Warning - Electric Fence” at intervals of not greater than thirty feet (30').

         e.   Security Box: Electric fences shall have a small, wall mounted safe or box that holds building keys for all emergency personnel. Access must also be provided to emergency personnel for a remote shutdown and/or key switch to disable the electric fence, as per sections 102.9, 104.9, and 506 of the International Fire Code. The appropriate location of the key box and key switch shall be designated by the Fire Marshal.

         f.   Electrification: The electrical charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in figure 102 of International Electrotechnical Commission (IEC) standard no. 60335-2-76, as amended, or a similar standard if acceptable to the City building official.

         g.   Installation: The installation and maintenance of the electric fence shall be in compliance with all applicable codes and ordinances, including, but not limited to, the International Building Code, International Electric Code, International Fire Code, etc., and manufacturer’s installation instructions.

         h.   Inspection And Approval: Prior to installation of an electric fence, a building permit must be issued by the City building official for the fence. After nstallation of the electric fence, the City building official shall be notified of its installation and shall conduct, or provide for a third party designee to conduct, an inspection of the electric fence for compliance with all applicable codes and ordinances.

         i.   Alarm System Requirements: Any alarm system installed with an electric fence is subject to the requirements in title 5, chapter 6 of this Code.

         j.   Failure to properly maintain electrical fencing or warning signage shall constitute a violation of this section subject to civil penalty and shall be enforced as provided in Title 12 Administrative Code Enforcement. (Ord. 2018-02, 3-6-2018; amd. Ord. 2020-11, 4-7-2020; Ord. 2025-06, 4-1-2025)

No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be sold or leased away from such lot or building. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. Ord. 2025-06, 4-1-2025)

Whenever development or construction is or may be subject to geologic or flood hazards, the Planning Commission may require the applicant to submit a geologic and soils survey report prepared by a qualified professional team; which such report indicates a lot to be subject to unusual potential or actual geologic or flood hazards, the applicant shall meet the special conditions required by the Planning Commission to reduce or eliminate such hazard, or if such conditions cannot be met or will not be met, the application for a building or conditional use permit shall be denied. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. Ord. 2025-06, 4-1-2025)

Where a zoning district boundary cuts through a lot existing at the time of adoption of this title, the use regulations governing the portion of the lot located within the more restrictive zone shall govern the use and development of the entire lot, unless a variance has been granted by the Hearing Officer in accordance with the limitations of section 10-2-2 of this title. Legally existing nonconforming uses and buildings on the lot, and lots that can be legally subdivided into two (2) or more legal conforming lots, are exempt. (Ord. 2012-07, 4-30-2012; amd. Ord. 2025-06, 4-1-2025)

No sewer service line, water service line, electrical nor gas utility line shall be installed by a public or private company to a building, structure or use which does not comply with the provisions of this title or other local regulations. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. Ord. 2025-06, 4-1-2025)

It is the intent of this title to hold franchised utilities responsible for all excavations, backfilling and paving. To this end, all such work, whether done by a private or public entity, shall be commenced only pursuant to the issuance of a permit (see chapter 7 of this title). Cuts and fills shall be constructed according to standards established by the City. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. Ord. 2025-06, 4-1-2025)

   A.   Compliance Required: Each county, municipality, school district, special district and political subdivision of the State shall conform to the land use and development ordinances of any municipality when installing, constructing, operating or otherwise using any area, land or building situated within that municipality only in a manner or for a purpose that conforms to that municipality’s ordinances. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)

   B.   School Districts: A school district is subject to the City land use regulations as required by State Statute, except the City may not: (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)

      1.   Impose requirements for landscaping, fencing, aesthetic considerations, construction methods or materials, building codes, building use for educational purposes, or the placement or use of temporary classroom facilities on school property;

      2.   Require a school district to participate in the cost of any roadway or sidewalk not reasonably necessary for the safety of schoolchildren and not located on or contiguous to school property, unless the roadway or sidewalk is required to connect an otherwise isolated school site to an existing roadway;

      3.   Require a school district to pay fees not authorized by state statute;

      4.   Provide for inspection of school construction or assess a fee or other charges for inspection, unless neither the school district nor the state superintendent has provided for inspection by an inspector, other than the project architect or contractor, who is qualified under criteria established by the state superintendent with the approval of the state building board and state fire marshal;

      5.   Require a school district to pay any impact fee for improvements not reasonably related to the impact of the project upon the need which the improvement is to address; or

      6.   Impose regulations upon the location of a project, except as necessary to avoid unreasonable risks to health or safety. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. Ord. 2025-06, 4-1-2025)

Wherever a lot is adjacent to a mapped street on the adopted general plan of the city, there shall be a front yard provided which is measured from planned edge of the future right of way. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. Ord. 2025-06, 4-1-2025)

   A.   Appearance And Condition Of Premises: The appearance and condition of premises has a significant effect on property values. Accordingly, the following regulations shall apply:

      1.   The outside surface of buildings shall be maintained in good condition.

      2.   Any lot in any zone shall be improved and maintained as follows:

         a.   Landscaping shall be installed and properly maintained in a good condition, free from weeds taller than six inches (6") and noxious plants, refuse and debris in front and side yards, including the park strip. Landscape design shall conform to Title 10, Chapter 22, Water Efficient Landscape Standards.

         b.   Landscaping for single-family and two-family dwellings shall be installed within twelve (12) months from the date of occupancy.

         c.   Landscaping for commercial, industrial, institutional, or multi-family residential shall be completed prior to final occupancy.

         d.   When unique or unforeseen circumstances exist, the community and economic development director may grant an extension of time for landscape installation. Extensions will only be approved upon submission of an erosion control plan, including soil stabilization, and shall be reviewed by the Storm Water Inspector for compliance with Storm Water Pollution Prevention Plan regulations.

      3.   Trash, weeds or other unsightly material shall not be allowed to remain on any lot outside of approved containers in the City. Junk, debris, trash, abandoned vehicles, or similar refuse material shall not be stored or allowed to remain outdoors, unless otherwise allowed by city code.

      4.   View obscuring berms, fences, walls or hedges shall be installed by the property owner to block the view from the public right of way, or from neighboring properties, whenever uses of land are found by the Planning Commission to be offensive, detracting, obnoxious, visually polluting or otherwise visually devaluing to neighboring properties or the community.

   B.   Recreational Vehicle Storage:

      1.   Recreational vehicles which do not include facilities necessary to be "mobile homes", as defined in section 10-1-39 of this code, shall not be used at any place within the corporate boundaries of the City, at any time, for living quarters except in designated camping areas or recreational vehicle parks.

      2.   Recreational vehicles which are unoccupied for living space may be stored on an owner's private residential lot, provided the parking complies with the regulation in section 10-6-6 of this title. Long term commercial storage of recreational vehicles, maintenance operations, reconstruction or construction activities are permitted within zoning districts allowing such uses.

   C.   Abandoned, Wrecked Or Inoperative Vehicles:

      1.   Definitions:

      ABANDONED VEHICLE: Any motor vehicle left unattended on any roadway or on any public or private property in such an inoperative, dismantled, wrecked or neglected condition that the owner’s intention to relinquish all further rights or interests in it may be reasonably concluded. A reasonable conclusion that any motor vehicle is abandoned includes, but is not limited to, consideration of the amount of time the motor vehicle has been resting in the same place, the state of the motor vehicle’s mechanical condition, the state of the motor vehicle's registration and licensing information provided by the owner of the motor vehicle and information provided by surrounding property owners.

      WRECKED VEHICLE: Any motor vehicle damaged to the extent that it cannot be lawfully operated upon a highway.

      2.   Unlawful Conduct: It shall be unlawful and is a public nuisance for any owner or tenant to cause or permit any motor vehicle and/or vehicle part of any kind which is inoperative, partially or completely dismantled, junked, wrecked or abandoned to be parked, stored or remain on any property or premises within the city for a period of time in excess of seven (7) days, unless placed in an enclosed garage, concealed behind an opaque screening fence or in connection with a lawfully situated and licensed business engaged in the repair of motor vehicles. This provision applies whether the vehicle or part is currently licensed or not.

      3.   Exception Permit:

         a.   A permit may be granted by the community and economic development director for an exception to this subsection if the owner of an unregistered, inoperative, dismantled, wrecked or abandoned motor vehicle and/or vehicle part makes written application to the community and economic development director providing:

            (1)   Proof that the applicant is the owner of the motor vehicle;

            (2)   Proof that the applicant is the owner of or has permission of the owner of the property upon which the motor vehicle will be parked, stored or remain;

            (3)   A description of the condition of the motor vehicle, i.e., that the motor vehicle is unregistered, inoperative, dismantled, wrecked or abandoned;

            (4)   A description of the plan by which the condition of the motor vehicle will be changed, i.e., the date upon which the vehicle will be registered, repaired, removed from the property, etc.;

            (5)   The address at which the motor vehicle will be parked, stored or remain while its condition is being changed;

            (6)   The location upon the property, at the specified address, where the motor vehicle will be parked, stored or remain while its condition is being changed;

            (7)   That a nuisance, health hazard or safety hazard will not be created while the motor vehicle is parked, stored or retained; and

            (8)   Only one permit may be issued per twelve (12) month period per property, and for a period not to exceed six (6) months. At the end of the six (6) months, the vehicle shall either be repaired or lawfully registered or removed from the property.

         b.   Any vehicle maintained on a property under an exception permit shall be otherwise kept in compliance with all applicable laws, shall not be parked or kept in the public right of way or on landscaped areas, shall not constitute a hazard in any way, and shall not constitute a public nuisance. A permit may be revoked by the community and economic development director for failure to comply with these terms, and a permit may be denied for failure to comply with these terms for earlier vehicles.

      4.   Penalty: Violators of this subsection may be prosecuted by criminal prosecution. Any person violating any of the provisions of this subsection shall be deemed guilty of a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code. A separate offense each day for such violation is permitted to continue shall be constituted. Nothing herein shall prohibit the city from taking such civil action as may be deemed appropriate to abate said nuisance. (Ord. 2010-03, 3-16-2010; amd. 2012 Code; Ord. 2022-03, 6-7-2022; Ord. 2024-01, 1-16-2024; Ord. 2025-06, 4-1-2025)

This section provides design standards applicable to all nonresidential buildings.

   A.   Building Massing, Form And Pedestrian Scale: Buildings shall relate to each other in their massing and forms. Square "boxlike" structures with large, blank, unarticulated wall surfaces are deemed to be unacceptable. Any facade(s) visible from a public right-of-way, including pedestrian, transit, and bicycle corridors, shall incorporate architectural features and treatments to diminish the building mass. Architectural design shall anticipate the combination of the following techniques or other appropriate techniques to be reviewed and approved through the development review process. All facades visible from a public right(s)-of-way, including pedestrian, transit, and bicycle corridors, shall meet the following standards:

      1.   Horizontal Articulation: Each facade greater than one hundred feet (100') in length, measured horizontally, shall incorporate architectural features such as wall plane projections, recesses, or other building material treatments, colors and textures that visually interrupt the wall plane. No uninterrupted length of a facade may exceed one hundred (100) horizontal feet;

      2.   Vertical Articulation: Each principal building greater than thirty feet (30') in height shall have a change in cladding material or surface plane or other building material treatments, colors and textures that visually interrupt the wall plane. No single cladding material or surface plane (as applicable) may extend for an uninterrupted vertical distance of more than thirty feet (30');

      3.   Roof And Parapet Variation: Any facade visible from a public right-of-way, including pedestrian, transit, and bicycle corridors, shall include a parapet or other roof variation such as clerestories, dormers, gables, cupolas, or other architectural roof projections that vary in height by at least two feet (2') for each sixty (60) linear feet of facade length; and

      4.   Primary Building Entrance: Any primary entrance shall be clearly defined by either recessing the entrance or with a sheltering element such as an awning, arcade, or portico to provide shelter from the sun and inclement weather.

   B.   Materials Of Primary Structure: The following building design standards shall apply to all nonresidential primary structures, regardless of zoning district:

      1.   The outside surface of a nonresidential primary structure shall be constructed of the highest quality materials and shall be factory finished, stained, integrally colored, or otherwise suitably treated.

      2.   Metal siding, or materials which appear to be metal siding, are a prohibited exterior finish material, except when used as an architectural accent, not to exceed twenty percent (20%) of the exterior surfacing material. Exterior surface is measured per face of the building.

      3.   Architectural metal panels may be permitted with the following restrictions:

         a.   Any structures using metal panels shall be designed to have an exterior appearance of a non-metal building and shall appear to be constructed of conventional materials such as stucco, stone, concrete, brick or wood. Approved panel patterns shall have a flat finish which mimic the appearance of concrete panels or embossed finish which mimics the appearance of stucco, stone, brick, or wood.

         b.   A metal panel system shall include high quality finished profile panels and concealed fastener systems, with a baked-on enamel painted to the manufacturer's standards. Corrugated metal, plastic, or fiberglass panels are prohibited.

         c.   Panel placement shall include a repeating pattern through a change in plane, offset, and reveal, pilaster, projection, fenestration patterns, or piers.

         d.   One-third (1/3) of an exterior wall, not including gable ends, shall be finished with materials such as hardieplank or wood siding, stucco, plaster, glass, stone, brick, or other decorative masonry, unless the Planning Commission waives or reduces this requirement upon determination that panel color, design, layout, pattern or texture will result in the appearance that more than one (1) primary material was used on the wall in equivalent proportion or greater.

         e.   Minimum width for any metal panel is thirty six inches (36").

      4.   The use of metal roofs and metal doors is permitted and shall utilize contrasting or complementary colors when used in conjunction with architectural metal panel systems.

      5.   Structures which are not visible from a public right-of- way, including pedestrian, transit, and bicycle corridors, may be exempt from these requirements upon written recommendation from the Development Review Committee and approval by the Planning Commission.

      6.   Publicly owned or operated utility buildings may be exempted from this requirement upon review of the Planning Commission and approval of the City Council.

   C.   Materials Of Accessory Structure: The following building design standards shall apply to all nonresidential accessory structures, regardless of zoning district:

      1.   The outside surface of any nonresidential accessory structure shall be constructed of the highest quality materials and shall be factory finished, stained, integrally colored, or otherwise suitably treated.

      2.   Metal siding, or materials which appear to be metal siding, are permitted for nonresidential accessory structures subject to the following provisions:

         a.   A wainscot finish, a minimum of four feet (4') in height, shall be provided on any facade visible from a public right- of-way, including pedestrian, transit, and bicycle corridors.

         b.   The wainscot finish shall be of a material that is compatible with the primary structure on site.

      3.   Metal roofs and metal doors are permitted on any nonresidential accessory structure.

      4.   Publicly owned or operated utility buildings may be exempted from this requirement upon review of the Planning Commission and approval of the City Council.

   D.   Noncomplying Nonresidential Structure: Any nonresidential structure that was lawfully approved prior to enactment of this section, and that does not comply with the building design standards contained herein, shall be considered a noncomplying structure. The following regulations shall apply to all noncomplying nonresidential structures:

      1.   Any addition shall be made in full compliance with the provisions of this section. Portions of the structure not affected by additions may remain without any requirement to retrofit the existing surfacing.

      2.   Damaged or destroyed noncomplying structures may be restored in accordance with section 10-5-4 of this title. (Ord. 2017-02, 1-3-2017)

Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this title. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; the word “building” shall include the word “structure”, the words “used” or “occupied” shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used or occupied; the word “shall” is mandatory and not directory, and the word “may” is permissive; the word “person” includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual; the word “lot” includes the words plot or parcel. An asterisk (*) at the definition means that the word is defined in the State Code. Words used in this title, but not defined herein, shall have the meaning as defined in any other ordinance adopted by the City.

ACCESSORY CARETAKER RESIDENCE: A dwelling unit located within or upon a non- residential building or property that is occupied by a person or a single family with at least one occupant who is employed by or who owns the primary business located on that property and has on-site job responsibilities associated with said business. All caretaker dwellings must be accessory to the primary use of the property.

AIRPORT: Any airport definitions and regulations which are adopted by North Salt Lake City, except as airports are governed under the general use regulations of this title.

AUTOMOTIVE DETAIL AND TRIM SHOPS: An establishment that provides services related to automotive detailing services or the sale and installation of automotive accessories such as replacement glass, tinting, audio, upholstery, or other miscellaneous vehicle trim and includes no outdoor storage of materials, nor storage of vehicles awaiting service for a period greater than 48 hours.

BUS LINE YARD AND REPAIR FACILITY: Facility for the storage and repair of buses.

CLINIC, DENTAL OR MEDICAL: A building in which a group of dentists, physicians or allied professionals in the healing arts are associated for the conduct of their professions. The clinic may include a dental or medical laboratory and an apothecary, but it shall not include inpatient care or operating rooms for major surgery.

EVAPO- TRANSPIRATION (ET): The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time, expressed in inches per day, month or year.

FARMERS’ MARKET: An establishment for the sale of fresh produce and related food items, which may have outdoor storage and sales. A farmers’ market may provide space for one or more vendors.

FENCE: A structure erected to establish property boundaries, buffer incompatible land uses or provide privacy or security. A wall or similar barrier shall be deemed a fence.

FENCE, OPAQUE OR SOLID: A constructed solid or opaque barrier that blocks the transmission of at least ninety five percent (95%) of light and visibility through the fence, and is erected to screen areas from public streets and abutting properties.

FLEA MARKET (OUTDOOR): An outdoor area devoted to the periodic outdoor sales of new and used merchandise by independent vendors with individual stalls, tables, or other spaces.

(Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. Ord. 00-3, 2-1-2000; Ord. 05-14, 12-13-2005; Ord. 06-9, 7-11-2006; Ord. 07-03, 1-9-2007; Ord. 09-17, 12-1-2009; Ord. 2011-03, 5-3-2011; Ord. 2011-06, 5-3-2011; 2012 Code; Ord. 2012-02, 1-3-2012; Ord. 2014-08, 9-2-2014; Ord. 2014-11, 9-2-2014; Ord. 2014-15, 9-2-2014; Ord. 2014-16, 10-21-2014; Ord. 2015-04, 4-21-2015; Ord. 2016-06, 5-17-2016; Ord. 2017-02, 1-3-2017; Ord. 2018-02, 3-6-2018; Ord. 2018-11, 10-2-2018; Ord. 2018-12, 10-2-2018; Ord. 2018-14, 11-20-2018; Ord. 2019-02, 3-19-2019; Ord. 2020-06, 2-4-2020; Ord. 2022-01, 4-5-2022; Ord. 2022-03, 6-7-2022; Ord. 2023-07, 5-30-2023; Ord. 2024-01, 1-16-2024; Ord. 2024-02, 5-7-2024; Ord. 2024-07, 10-1-2024)