Planning commission flags conflicting fence setbacks, recommends clarifying language to city council

The Fruit Heights Planning Commission reviewed proposed amendments to Title 10-11-10, which governs fences, walls and hedges, and recommended clarifying language to resolve a conflict in setback measurements.

Staff presented redlined text that would set front-yard fences at a maximum height of 4 feet and require a minimum 9-foot setback from the back of curb (or the city-determined edge of right-of-way where no curb exists). A later sentence in the draft referencing a one-foot setback from sidewalks created an internal conflict in the draft; staff and commissioners agreed the two sentences, as written, could be read inconsistently.

Commission discussion and public comment focused on two issues: maintaining sufficient space for utilities and city operations (avoid placing fences immediately adjacent to sidewalks) and preserving sight-lines for safety at intersections. Staff noted the code contains a clear-vision triangle for street intersections (40-foot points from the intersection) in which obstructions above 2 feet are not permitted; commissioners clarified that the 40-foot/2-foot rule applies to street intersections, not to individual driveways.

A member of the public, Jack Kite, described a situation where the back yard of one lot functionally becomes the front yard of another and asked how height limits would apply; staff said the draft treats front, side and rear yard definitions consistently while allowing property owners to apply for conditional use relief for unusual conditions.

Motion and recommendation: The commission moved to recommend removing the confusing park-strip/sidewalk sentence from the draft and to add language that in all cases a fence must not be located within 1 foot of the back of the sidewalk. The motion was seconded and carried. Staff and commissioners agreed to wordsmith the exact language (for example, using "in no case shall a fence be located within 1 foot of the sidewalk" or setting an explicit numeric back-of-curb minimum) before forwarding a clean draft to council.

Next steps: Staff will prepare a revised draft clarifying setback language, preserve the 4-foot front-yard and 6-foot side/rear-yard heights, and add a cross-reference to the city’s clear-vision/drive-safety code as needed. The commission advised that conditional use relief remain available for unusual lot configurations.