(Repealed by Ord. O-24-2019)

(Repealed by Ord. O-13-2020)

In order to further the purposes of LUDMA (Utah’s Municipal Land Use, Development, and Management Act) and the city’s general plan, the city is divided into various zones, including an agriculture district. This chapter establishes the land use regulations for the agricultural zone in Eagle Mountain City, including permitted and special uses, minimum land use standards, and other development provisions. [Ord. O-40-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 4.1)].

This land use table contains the various land uses that are permitted, conditional, special, and prohibited uses in the agriculture zone. Uses that are not listed in this table are prohibited.

P = Permitted (Permitted uses may still require approval through an application process as detailed in this chapter and other chapters).

S = Special (Special uses are permitted as long as they comply with the standards listed in Chapter 17.75 EMMC that are specific to that type of use).

Blank = Prohibited.

[Ord. O-03-2025 § 2 (Exh. A); Ord. O-40-2024 § 2 (Exh. A)].

Property owners of parcels that are zoned agriculture in Eagle Mountain City shall be deemed to have the right to conduct agricultural activities as allowed in this zone. Unless agricultural activities are creating a health or safety concern for the general public, such activities may continue without interruption in this zone. While residents residing adjacent to or near agricultural activities may experience noxious smells, noise or late and early hours of operation, such intrusions are understood to be a common element of routine and permissible agricultural activities. [Ord. O-40-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 4.7). Formerly 17.20.070].

The following lot size requirements shall apply to this district:

The minimum lot size for single-family detached dwellings in this zone is five acres. Other uses may require a minimum size greater than five acres and will be evaluated by the planning commission on an individual basis to determine if more property is required to reasonably accommodate the proposed use. [Ord. O-40-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 4.8). Formerly 17.20.080].

Primary structures in this zone shall maintain a setback of no less than 50 feet from any property line. Setbacks shall only apply to structures that require a city permit or approval. No structure which cannot be removed shall be constructed across an easement. [Ord. O-40-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 4.9). Formerly 17.20.090].

Accessory structures in this zone shall not be located within any front yard and shall maintain a setback of not less than 10 feet from any side or rear property line, or 15 feet if the lot is on a corner. Setbacks shall only apply to structures that require a city permit or approval. No structure which cannot be removed shall be constructed across an easement. [Ord. O-40-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 4.10). Formerly 17.20.100].

Residential driveways shall comply with the following standards:

A. Slopes. Driveways shall not exceed grades of 12 percent. The building official may approve driveway slopes that exceed 12 percent in circumstances that are deemed necessary because of the topographical conditions.

B. Clear Vision Triangle. Residential driveways when feasible shall not be permitted in the clear vision triangle at local streets as described in this title.

C. Driveway Length. Residential driveways shall be a minimum of 22 feet from the property line. [Ord. O-40-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 4.11). Formerly 17.20.110].

All property within this zone shall have a lot frontage of no less than 100 feet. [Ord. O-40-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 4.12). Formerly 17.20.120].

No primary structures shall exceed 35 feet in height. No accessory structures shall exceed 50 feet in height, except windmills as approved by staff. [Ord. O-40-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 4.13). Formerly 17.20.130].

The minimum dwelling size in the agriculture zone for single-story dwellings shall be 1,000 square feet on the main floor plus a 400-square-foot garage. Two-story dwellings shall be 800 square feet on the main floor, 200 square feet on the second floor and shall have a 400-square-foot garage. Garages shall be a minimum of 20 feet wide by 20 feet deep. Garages that are 18 feet wide may be allowed if the total square footage is at least 400 square feet. Garage door openings shall be a minimum of 16 feet wide by seven feet tall. [Ord. O-40-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 4.14). Formerly 17.20.140].

There is no minimum open space requirement for properties in this zone. This does not exempt owners or developers of agriculturally zoned property from complying with other provisions that may require public improvements including, but not limited to, parks, drainage facilities or entry features. [Ord. O-40-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 4.15). Formerly 17.20.150].

All properties in Eagle Mountain City are also subject to the supplemental land use regulations of this title. [Ord. O-40-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 4.16). Formerly 17.20.160].

The equivalent zoning district contained in previous development codes includes the agriculture (AG) zone. Properties zoned prior to the adoption of the ordinance codified in this title shall only be entitled to the permitted and conditional uses permissible under the land use ordinance in which the property was zoned. With the exception of the land uses, property zoned under previous development codes shall comply with all other regulations and standards contained in this chapter so long as it does not restrict density entitlements that are solidified in a master development agreement. Property zoned under the development code of Eagle Mountain City adopted on September 28, 1999, is entitled to the following land uses:

A. Agriculture (AG). Permitted uses in the AG zone will be single-family dwellings on existing parcels of at least five acres as an accessory use to agriculture, such as the cultivation of row crops and other agricultural products, livestock grazing and associated cultivation or herding activities. Limited processing of agricultural products will be authorized on a conditional use basis, but large-scale packing or processing operations will only be allowed in the industrial zone. Confined feeding operations, such as poultry farms, swine farms or feedlots, will not be allowed, except as a continuation of a preexisting use. [Ord. O-40-2024 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 4.17). Formerly 17.20.170].

The establishment of agriculture protection areas is hereby permitted and encouraged within Eagle Mountain City. [Ord. 99-21 § 1].

A. Each application for an agriculture protection area (APA) shall be executed by an authorized representative of the owner of the land on a form approved by the city and shall contain the following information:

1. A legal description of the land to be protected;

2. The total acreage to be protected;

3. The type of agricultural use for each land area for which protection is requested;

4. The nature and extent of existing or proposed farm improvements;

5. The nature and extent of existing agricultural use if other than described in response to subsection (A)(3) of this section;

6. The name, address and telephone number of an authorized contact person for the owner;

7. The tax parcel number of each parcel; and

8. Any other relevant information believed by the owner to be appropriate for consideration by the city.

B. The application shall be accompanied by a copy of the plat of record maintained by the Utah County recorder of the land proposed for the APA. [Ord. 99-21 § 2].

Each application shall be accompanied by a processing fee of $100.00. [Ord. 99-21 § 3].

Upon receipt of an application for an agriculture protection area, the city clerk shall notify the city council and shall post and publish notice of the proposed agriculture protection area as otherwise required by Utah law. [Ord. 99-21 § 4].

The planning commission of Eagle Mountain City shall review the proposal for the agriculture protection area and shall recommend to the city council, in the manner and within the time requirements of Utah law, the analysis and recommendation of the planning commission. [Ord. 99-21 § 5].

The planning commission and the city council shall use the criteria provided by Utah law to determine whether or not to establish the agriculture protection area in compliance with the application. [Ord. 99-21 § 6].

Each agriculture protection area shall contain a minimum contiguous acreage of 80 acres. [Ord. 99-21 § 7].

The city council shall review the recommendation of the planning commission and agriculture protection area commission of Utah County as provided by law, and may approve the area proposed, modify the proposed area for approval or disapprove the application. [Ord. 99-21 § 8].

This chapter establishes the land use regulations and protections for open space zones in Eagle Mountain City. It establishes two types of open space zoning: natural open space (OS-N) and improved open space (OS-I). [Ord. O-30-2020 § 2 (Exh. A)].

The purpose of the open space zones is to preserve and enhance public and private open space, trails, natural areas, and improved park and recreational areas. These areas serve to provide opportunities for active and passive outdoor recreation; provide contrasts to the built environment; preserve scenic qualities; protect sensitive or fragile environmental areas such as wetlands, steep slopes, ridgelines, meadows, and natural washes; preserve the capacity and water quality of the storm water drainage system; and provide pedestrian, equestrian, and bicycle transportation connections. [Ord. O-30-2020 § 2 (Exh. A)].

The open space zone shall include and be characterized by one or more of the following:

A. Land currently or planned to be dedicated to the city as open space, parks, or recreation.

B. Privately owned parcels of developments designated as open space, parks, or recreation open to use by the general public.

C. Publicly owned or operated (not municipal) land protected and managed as open space. [Ord. O-30-2020 § 2 (Exh. A)].

This land use table contains the various land uses that are permitted, special, and prohibited in the open space zones. Uses that are not listed in this table are prohibited.

P = Permitted (Permitted uses may still require approval through an application process as detailed in this chapter and other chapters)

S = Special (Special uses are permitted as long as they comply with the standards listed in Chapter 17.75 EMMC that are specific to that type of use)

Blank = Prohibited

1    Such as barns (publicly owned), garages, greenhouses, gardening sheds, recreation rooms, and similar structures that are customarily used in conjunction with the primary uses in this district.

[Ord. O-30-2020 § 2 (Exh. A)].

The development standards are required standards for the open space zones in the city. The city council, in consideration of a prior recommendation by the planning commission, may modify these requirements if in its judgment the modification does not interfere with the use, enjoyment, and character of adjacent properties.

A. Setback Requirements for All Structures.

1. Front: 25 feet.

2. Sides: 10 feet.

3. Rear: 25 feet.

B. Building Height for All Structures. Maximum of 35 feet, except for special uses which must comply with the height restrictions established in Chapter 17.75 EMMC.

C. Site Plan Review. Any open space development within the open space zones that is not reviewed and approved as part of a master development plan, master site plan, or preliminary plat must receive site plan review and approval subject to Chapter 17.100 EMMC.

D. Architectural Review. Any proposed buildings shall comply with the commercial development standards of Chapter 17.72 EMMC.

E. Landscaping. Shall comply with the landscaping, planting, and fencing standards of Chapter 17.60 EMMC. Lot size transitioning does not apply.

F. Lighting. All lighting within the open space zones must comply with Chapter 17.56 EMMC.

G. Parking. Parking shall be provided and designed to meet the requirements of Chapter 17.55 EMMC.

H. Signs. Signage shall be permitted and treated as signage in a residential zone and shall meet the requirements and standards of Chapter 17.80 EMMC.

I. Road and Trail Connections. Where the terrain allows, road and trail connections shall be made to adjoining properties through the open space zones to provide emergency access, minimize the number of points of access to a road, or improve pedestrian and neighborhood circulation. Connections shall be made to existing and future roads and trails.

J. Utility Lines. All utility lines running through the open space zones must be located underground, except for high-capacity transmission lines. [Ord. O-30-2020 § 2 (Exh. A)].

Open space may be protected using any of the three methods listed here. The methods to be used must be clearly established at the time a master development plan, master site plan, preliminary plat, or site plan is filed for review.

A. Dedication for Public Use. The open space may be dedicated to the city, or to another public agency, but only where it would constitute a part of a park, trail, or open space identified in the current parks, trails, and open space plan, or if approved by the city.

B. Private Land Conservation. Any private land, whole or a portion of, that is identified and developed or used as open space may apply a conservation or similar easement on that land. The easement may be held by the city, another public agency, or a conservation nonprofit organization.

C. Homeowners’ Association. Every preliminary plan that includes natural or improved open space that will be owned and maintained by the lot owners shall be accompanied by proposed articles of incorporation and covenants for a homeowners’ association in which all lot owners shall be members, and which is responsible for the maintenance and preservation of natural and improved open space required by this chapter. These documents shall be recorded with the final plat upon their approval. [Ord. O-30-2020 § 2 (Exh. A)].

In order to further the purposes of LUDMA (Utah’s Municipal Land Use, Development, and Management Act) and the city’s general plan, the city is divided into various zones, including a number of residential zones. This chapter establishes the land use regulations for the residential zones in Eagle Mountain City, including permitted and conditional uses, minimum land use standards and other development provisions. [Ord. O-24-2019 § 2 (Exh. A)].

All land planned for residential use in Eagle Mountain City is located within one of the following future land use categories and must be located within one of the following residential zoning districts:

A. Future Land Use: Agricultural/Rural Density One.

1. Zone: RA1. The RA1 zone is for large lot residential developments that preserve open space, animal rights, and a semi-rural character. To achieve these goals the minimum lot size is five acres (217,800 square feet).

2. Zone: RA2. The RA2 zone is for large lot residential developments that preserve open space, animal rights, and a semi-rural character, as well as providing a transition area between five-acre-lot neighborhoods and one-acre-lot neighborhoods. To achieve these goals the minimum lot size is two and one-half acres (108,900 square feet).

B. Future Land Use: Agricultural/Rural Density Two.

1. Zone: RD1. The RD1 zone is for large lot residential developments that preserve open space, animal rights, a semi-rural character, and provide a proper transition from large lots, hillsides, or other natural areas to more suburban neighborhoods. The minimum lot size is one acre (43,560 square feet).

2. Zone: RD2. The RD2 zone is for single-family large lots in traditional suburban neighborhoods with parks, trails, and other open space. The minimum lot size is one-half acre (21,780 square feet), and an average lot size of three-quarter acre (32,670 square feet) is required.

C. Future Land Use: Foothill Residential.

1. Zone: Foothill Residential (FR). The foothill residential (FR) zone is for single-family residential view lots, generally on hillsides or foothills. Lots should be arranged to protect open space areas, ridgelines, hillsides, wildlife habitat, and provide useable open space or trail access to useable open space. The minimum lot size is one-quarter acre (10,890 square feet), and an average lot size of one-half acre (21,780 square feet) is required.

D. Future Land Use: Neighborhood Residential One.

1. Zone: R1. The R1 zone is for large single-family homes on medium-sized lots arranged in walkable suburban neighborhoods with improved parks and trails that connect the neighborhoods with surrounding land uses. The minimum lot size is one-quarter acre (10,890 square feet) and an average lot size of at least one-third acre (14,520 square feet) is required.

2. Zone: R2. The R2 zone is for medium to large single-family homes on medium-sized lots arranged in walkable neighborhoods with improved parks and trails that connect the neighborhoods with surrounding land uses. The minimum lot size is 8,000 square feet, and an average lot size of at least one-quarter acre (10,890 square feet) is required.

3. Zone: R3. The R3 zone is for single-family homes on small lots arranged in walkable neighborhoods with improved parks and trails that connect the neighborhoods with surrounding land uses. The minimum lot size is 6,500 square feet, and an average lot size of at least 8,500 square feet is required.

E. Future Land Use: Neighborhood Residential Two.

1. Zone: RC. The RC zone is for single-family homes on small lots in walkable neighborhoods with improved parks and trails that connect the neighborhoods with surrounding land uses. These neighborhoods can provide a transition between multifamily developments and neighborhoods with medium-sized lots. The minimum lot size is 4,500 square feet and an average lot size of at least 6,000 square feet is required.

2. Zone: MF1. The MF1 zone is for twin homes, duplexes, triplexes, and townhomes with no more than six units per building, with common/shared open space between buildings, and a homeowners’ association that maintains the open space. The maximum density is 10 dwelling units per acre.

a. Moderate Income Housing Requirements.

i. Required Amount of Moderate Income Housing. A minimum of 10 percent of new residential development in this zone shall be dedicated to moderate income housing (MIH) units priced for occupancy by households with a gross income equal to or less than 80 percent of the median gross income for Utah County per Section 10-9a-103, Utah Code Annotated 1953.

ii. Owner Occupancy. MIH units shall be sold as owner-occupied residences only. Renting or subletting these units is prohibited.

iii. Standard Alternations. Developers may propose reduced amenity, garage, and parking requirements subject to city council approval. Developers must demonstrate that these reductions lessen the financial burden incurred by providing MIH units.

iv. Deed Restrictions. A deed restriction shall be recorded for the property dedicated as a moderate income dwelling unit that establishes the unit shall be occupied by the owner and priced for a household with a gross income equal to or less than 80 percent of the median gross income for Utah County.

F. Future Land Use: Neighborhood Residential Three.

1. Zone: MF2. The MF2 zone is for townhomes, condominiums, and apartments with no more than 12 units per building. Developments in this zone should be within immediate walking distance of a park, retail/office development, transit facilities, or adjacent to major roadways or intersections. The maximum density is 20 dwelling units per acre.

a. Moderate Income Housing Requirements.

i. Required Amount of Moderate Income Housing. A minimum of 10 percent of new residential development in this zone shall be dedicated to moderate income housing (MIH) units priced for occupancy by households with a gross income equal to or less than 80 percent of the median gross income for Utah County per Section 10-9a-103, Utah Code Annotated 1953.

ii. Owner Occupancy. MIH units shall be sold as owner-occupied residences only. Renting or subletting these units is prohibited.

iii. Standard Alternations. Developers may propose reduced amenity, garage, and parking requirements subject to city council approval. Developers must demonstrate that these reductions lessen the financial burden incurred by providing MIH units.

iv. Deed Restrictions. A deed restriction shall be recorded for the property dedicated as a moderate income dwelling unit that establishes the unit shall be occupied by the owner and priced for a household with a gross income equal to or less than 80 percent of the median gross income for Utah County. [Ord. O-58-2024 § 2 (Exh. A); Ord. O-15-2021 § 2 (Exh. A); Ord. O-24-2019 § 2 (Exh. A)].

The land use table below identifies various land uses that are permitted or special uses in the residential zone. Uses that are not listed in the table are prohibited.

P = Permitted (Permitted uses may still require approval through an application process as detailed in this chapter and other chapters)

S = Special (Special uses are permitted as long as they comply with the standards listed in Chapter 17.75 EMMC that are specific to that type of use)

Blank = Prohibited

[Ord. O-13-2025 § 1 (Exh. A); Ord. O-03-2025 § 2 (Exh. A); Ord. O-50-2023 § 2 (Exh. A); Ord. O-04-2023 § 2 (Exh. A); Ord. O-41-2021 § 1 (Exh. A); Ord. O-15-2021 § 2 (Exh. A); Ord. O-24-2019 § 2 (Exh. A)].

This development standards table contains required standards for each residential zone in the city. More details and clarification are included as footnotes and as generally applicable provisions later in this chapter.

1 Height is measured from the average of the highest finished grade and the lowest finished grade of the structure to the highest point of the roof, excluding ancillary structures. Where permitted by EMMC 17.25.030, the maximum height of accessory dwelling units (ADUs) located above a detached garage is 35 feet.

2 Lot frontage is measured at the street property line. Lot frontage shall vary by at least five feet every three or four lots in the R3 and RC zones.

2b Townhouse buildings in MF1 and MF2 zones shall completely front/abut on, and be accessed via, streets, not service drives.

2c Lots with apartment buildings thereon in MF1 and MF2 zones shall front/abut streets, but may have their parking spaces/lots accessed either via service drives or streets.

3 Setbacks shall only apply to structures that require a city building permit or approval. No structure which cannot be removed shall be constructed across an easement. Up to a 10 percent variation in setbacks may be approved by the planning director and building official if the variation is deemed appropriate due to an issue with slope, unique lot configuration, or other unique circumstance. Guidance regarding allowed projections into setbacks is outlined in EMMC 17.25.060.

4 Maximum footprint coverage is the total coverage on the lot of all accessory structures.

5 Driveway length exceptions for multifamily developments may be requested and considered at the discretion of the approval authority with a preliminary plat or site plan.

6 Ancillary structures include chimneys, television antennas, or other structures that are generally located on the roof of a residential building.

7 For approval of a preliminary plat or amended preliminary plat, the minimum average lot size is calculated across an entire preliminary plat or large neighborhood, and is verified by the approval authority of a preliminary plat. If a preliminary plat exceeds 80 acres, the average lot size may be required in smaller neighborhoods/plats. Each original final plat does not have to comply with the average lot size, but shall include some variation of lot sizes in the plat. Outlier lots that are substantially larger than the others will not be counted in the average lot size calculation. Amended final plats shall comply with the average lot size requirements of this section. For amended final plats, the minimum average lot size is calculated using only the portion of the plat that the amendment changes.

8 Multifamily dwelling structures shall contain no more than three stories.

9 Multifamily dwelling structures with a minimum roof pitch of 5/12 or flat roofs with rooftop amenities may be constructed with three stories up to 45 feet high.

[Ord. O-32-2025 § 2 (Exh. A); Ord. O-08-2024 § 2 (Exh. A); Ord. O-50-2023 § 2 (Exh. A); Ord. O-22-2023 § 2 (Exh. A); Ord. O-41-2021 § 1 (Exh. A); Ord. O-15-2021 § 2 (Exh. A); Ord. O-24-2019 § 2 (Exh. A)].

All development projects within any residential zone shall conform to the following general requirements:

A. Yard Landscaping. The front and side yards must be improved prior to occupancy of each home in accordance with the approved yard landscaping plan that was approved in conjunction with the final plat for the development. Improvements shall comply with requirements of Chapter 17.60 EMMC. Between the dates of October 15th to April 15th, otherwise eligible properties may be issued a certificate of occupancy prior to landscaping with the condition that landscaping be completed by April 15th. Failure to comply by that date will result in a fine of $100.00 per day issued to the builder and a civil right of action enforceable in any court of competent jurisdiction granted to the homeowner. The builder may pay a $2,000 cash escrow per lot to the city to receive an extension and shall complete the landscaping no later than nine months after the issuance of the certificate of occupancy. In cases of drought conditions or weather not conducive to the successful establishment of living plant material as reasonably determined by the city, the builder may pay a $2,000 cash escrow per lot to the city and shall complete the landscaping no later than nine months after the issuance of the certificate of occupancy.

B. Open Space and Trails. Lots and roads shall be arranged to best protect contiguous open space areas, ridgelines, hillsides, drainages, wildlife habitat and corridors, and provide useable open space or trail access to useable open space. All developments shall connect to existing adjacent trails and wildlife corridors and continue them through the development and shall provide regional trails and corridors if included in the city’s general plan, parks and open space plan, or bike and pedestrian plan. Rather than including large areas of unbuildable land in lots, developers are encouraged to preserve and dedicate these areas as public open space. The approval authority may require the developer to pay a fee in lieu according to EMMC 16.35.105(A)(12), or may consider, at their discretion, alternative open space plans. Alternative plans will be evaluated based upon the benefit to the neighborhood/community, proximity to existing amenities or natural features, and the unique nature of the site, and may include additional trails, preservation/dedication of additional open space areas, and unique improvements/amenities. Alternative plans may include a proposed “buy-down” of open space acreage with additional amenities at a rate of 150 points per acre (required acreage x 100 points + “bought-down” acreage x 150 points). Parks and trails must be improved as required by the standards set forth in Chapter 16.35 EMMC. Common open space areas within multifamily projects shall not count towards the open space requirement, unless a large area is planned that meets the criteria found in EMMC 16.35.105. Land in excess of 15 percent slope shall be ineligible for inclusion in improved open space requirements unless the planning commission recommends and the city council approves specific improvements on land in excess of 15 percent slope which these bodies determine to be an approved amenity. In this case, only the acreage of land in excess of 15 percent slope which is improved will be considered towards the improved open space requirements.

C. Parking and Garage Dimensions. Projects shall comply with the off-street parking standards found in Chapter 17.55 EMMC, which includes standards for enclosed parking, covered parking, and visitor parking. The following requirements shall apply to all garages, except for those associated with detached single-family or two-family (duplex) dwellings:

1. Minimum dimensions of two-car garages shall be 22 feet by 22 feet;

2. Two-car garage door openings shall be a minimum of 16 feet wide by eight feet tall;

3. Single-car garages shall have a usable parking area of no less than 12 feet in width by 20 feet in depth; and

4. Single-car garage door openings shall be a minimum of nine feet wide by eight feet tall.

D. Driveways. Residential driveways shall not exceed grades of 12 percent. The building official may approve driveway slopes that exceed 12 percent in circumstances that are deemed necessary because of the topographical conditions. Residential driveways, when feasible, shall not be permitted in the clear vision triangle at local streets as described in this title. Minimum residential driveway length is included in the Residential Development Standards table.

E. Buffers and Transitions Between Developments and Uses. All residential zone developments shall comply with the transitioning and buffering requirements as set forth in Chapter 17.60 EMMC. If commercial development is allowed as a conditional use in a residential zone, the more restrictive of the residential or commercial buffering and transitioning requirements shall apply.

F. Architectural Design Standards. All multifamily buildings shall comply with Chapter 17.72 EMMC. Where single-family and two-family structures are approved without architectural standards contained in a development agreement, developers are encouraged but not required to construct diverse yet compatible homes with similar design qualities on all front and side elevations that face a public road. Variations in exterior materials (fiber cement siding, board and batten or vertical siding, stone, brick, stucco) and/or colors are recommended. All front and side elevations that face a public road may include additional architectural detailing, and may include decorative shutters, bay windows, popouts, trellis or arbor structures, decorative gables, dormer windows, balconies, decorative trim and moldings, window grids, etc. Aluminum siding is discouraged. All single-family and two-family residential dwellings are preferred to have windows and main entry doors on the front elevation. If a floor plan is to be repeatedly built within a development, a minimum of three elevation schemes is preferred. Single-family dwellings or two-family dwellings sited on adjacent lots, or directly across the street (sharing frontage) are preferred to have different floor plans or elevations and different color schemes. Prefabricated metal carports are prohibited in front yards.

G. Hillside Development and Sensitive Lands. No construction, development, or earthwork may occur on land restricted by utility corridors, natural washes, storm drain retention/detention areas, geologically sensitive areas that require special engineering considerations for safe habitation, and steep slopes, unless in full compliance with Chapters 15.80 and 17.62 EMMC, other applicable city codes, and approved by the approval authority for preliminary plats. Development projects that include hillsides, ridgelines, or retaining walls must comply with the standards in Chapters 15.80 and 17.62 EMMC. No permanent structures near natural washes shall be built in the watercourse plus 75 feet from the center of the flowline, or a 50-foot buffer on either side, as measured out from the top of the bank, whichever is greater, to be determined by the city engineer or designee. Additionally, no earthwork, excavation, or earth removal shall occur within the watercourse plus 75 feet from the center of the flowline, or a 50-foot buffer on either side of the top of the bank as determined by the city engineer or designee. Utility corridors shall be preserved and deeded to the city whenever possible for trails and open space corridors. Lots in the RA1 and RA2 zones shall include a buildable footprint of at least 20,000 square feet, which generally includes enough area for a home, two accessory buildings (garages or animals), and a horse corral. Lots in the RD1 zone shall include a buildable footprint of at least 15,000 square feet.

H. Lighting. All exterior lighting, including parking lot lights, building lights, and other lighting, must comply with the standards found in Chapter 17.56 EMMC. Streetlights are required to be paid for by developers and installed by the city’s contractor along all roads in and surrounding a project, in accordance with EMMC 15.10.390.

I. Infrastructure. At their discretion the approval authority may exempt projects in the RA1, RA2, and RD1 zones from installing curb, gutter, and streetlights. Equestrian trails that adjoin each lot may be required by the approval authority when the subdivision is designed to accommodate horse raising and keeping. Streetlights are still required along all collector and arterial roads.

J. Street Trees. Developers and/or builders are encouraged to plant appropriate trees in park strips along all public streets. Planting shall be done along with the front yard landscaping and in accordance with the standards found in EMMC 16.35.080. Street trees are required along all collector and arterial roads.

K. Landscaped Entryways and Monument Signs. All developments shall provide a landscaped entryway and neighborhood/project monument sign at each main entrance to the neighborhood. This may consist of a water feature, sculpture, or monument sign with the name of the project. The ongoing maintenance of the landscaped entryway shall be by the project’s homeowners’ association. This feature shall be approved along with a preliminary plat, site plan, or master development plan. At their discretion, the approval authority may approve an alternative amenity or improvement in place of this requirement.

L. Clubhouse and Swimming Pool. All multifamily developments in the MF1 and MF2 zones shall include a swimming pool in addition to the clubhouse. The approval authority of a preliminary plat or site plan may consider and approve alternatives to these improvements if the improvements are considered comparable or equivalent in cost and in benefit to the future residents. For this determination they should consider the size of units, the type of units, the proximity to other recreational amenities, and any unique attributes of the property.

1. Clubhouse or Community Center. A clubhouse facility that is centrally located in the development is intended to provide a recreational and social amenity to residents. Clubhouses or community centers shall be a minimum of 1,500 square feet (not including leasing office area) and accommodate at least seven and one-half square feet of clubhouse area per residential unit being served by the clubhouse. Developments may provide multiple clubhouses to fulfill this requirement. The clubhouse does not count towards fulfilling the amenity requirements found in Chapter 16.35 EMMC.

a. Clubhouse Improvements and Completion. Clubhouses shall include food serving facilities, large gathering areas suited to community meetings and events, restroom facilities, and amenities that may include exercise equipment, multimedia equipment, facilities to accommodate the arts, indoor recreation (basketball, volleyball, etc.), or upgraded food preparation or service facilities. The clubhouse shall be adjacent to the pool. The approval authority shall review and approve the clubhouse structure during the site plan review process. Construction of the clubhouse shall commence prior to issuing the thirty-first building permit in the project or a cash or improvement bond shall be placed with the city to cover the cost of construction. Applicants shall submit a building permit application prior to constructing this improvement. If multiple clubhouses are being provided in a development the additional clubhouses shall begin construction along with the phase of development that includes the clubhouses.

2. Swimming Pool. An in-ground swimming pool that is centrally located in the development is intended to provide a recreational and social amenity to residents. The pool shall be a minimum of 1,000 square feet in size and must accommodate at least four square feet of pool space per residential unit being served by the pool. At the discretion of the council, developments may be required to provide multiple pools to fulfill this requirement, depending on the number of units served and overall project densities and layout. It shall also include a concrete patio, patio furniture, a non-sight-obscuring fence, and comply with all required building codes (including a building permit). The swimming pool does not count towards fulfilling the amenity requirements found in Chapter 16.35 EMMC. The approval authority shall review and approve the swimming pool facility during the site plan review process. The construction of the pool shall commence prior to the thirty-first building permit being issued in the development, or a cash or improvement bond shall be placed with the city to cover the cost of construction. If multiple pools are being provided in a development the additional pools shall begin construction along with the phase of development that includes the pools.

M. Fire Access for Exclusively Rear-Loaded Only Homes.

1. Access Off of a Minimum 26-Foot-Wide Over-Sized Alley or Service Drive (Functioning in Such Case as a “Fire-Access Road”). The 26-foot-wide drive fire access roadway, when used, shall be restricted to having parking along only one-side (those sides which adjoin fire hydrants), and, shall have “No Parking” signs posted along those same sides. In cases where a roadway is at least 35 feet wide, parking may be allowed along both sides of a “fire-access road” and no parking restriction will be required; and

2. When rear-loaded, homes shall be provided with a paved walkway to be installed at each end of the building leading from the garage end roadway to the main access door at the other, “green space” end; and

3. Address numbering shall be provided above the garage bay door as well as the main access door to any rear-loaded home. [Ord. O-38-2024 § 2 (Exh. A); Ord. O-52-2023 § 2 (Exh. A); Ord. O-46-2023 § 2 (Exh. A); Ord. O-11-2023 § 2 (Exh. A); Ord. O-15-2022 § 2 (Exh. A); Ord. O-24-2019 § 2 (Exh. A)].

A. Allowed Projection into Setbacks. Certain architectural features or building features may project or encroach into the minimum building setbacks found in EMMC 17.25.040 (Residential development standards) in accordance with the tables below. For example, if a setback is 10 feet, and a feature may project three feet into the setback, a setback of seven feet would remain between the property line and the projection.

1. Awnings and Canopies. Over the windows, no wider than 12 inches beyond edges of window or door.

*    A minimum of five feet must still be maintained between the nearest property line and any awning/canopy.

2. Balconies – Open and Unenclosed.

*    A minimum of six feet must still be maintained between the nearest property line and any balcony.

3. Bay Windows. Width of window shall not exceed 10 feet in front or rear yards, or seven feet in side yards.

*    A minimum of five feet must still be maintained between the nearest property line and any bay window.

4. Cantilevered Building Projections. Also known as micro-additions, or pop-outs. Shall not exceed eight feet in length.

*    A minimum of six feet must still be maintained between the nearest property line and any cantilevered building projection.

5. Chimney or Fireplace.

*    A minimum of five and one-half feet must still be maintained between the nearest property line and any chimney or fireplace.

6. Cornices, Belt Courses, and Similar Architectural Features.

7. Eaves, Roof Overhangs.

8. Porch, Deck, Landing.

a. Uncovered.

b. Covered.

9. Subgrade Structures, Such as Basement Walkouts.

a. Subgrade structures may encroach into the setbacks.

i. If a basement walkout includes a covering/roof, it may encroach into setbacks to the same extent as the walkout.

b. A minimum of five feet must still be maintained between the nearest property line and any subgrade structure.

c. Subgrade structures shall not be located within an easement.

d. Subgrade structures shall not be permitted in front yards. [Ord. O-01-2025 § 2 (Exh. A); Ord. O-24-2019 § 2 (Exh. A)].

This chapter establishes the land use regulations and requirements for the public facilities zone in Eagle Mountain City. [Ord. O-31-2020 § 2 (Exh. A)].

The public facilities zone is established to provide areas for the location and establishment of facilities which, under public franchise or ownership, or private or nonprofit enterprises operating for the public convenience, benefit and necessity, provide public services such as electricity, gas, communication, transportation, water, sewage treatment, education, religious activities and other public assembly, cultural facilities, and government services.

This zone is intended to provide immediate recognition of such areas upon the official zoning map of the city. Typical uses permitted in the zone are schools, airports, utilities, public equipment storage areas, libraries, and City Hall. Though some of these uses will be allowed in other zones to initially accommodate public facilities in appropriate areas without undue difficulty, it is intended that the zone would then be applied to all such facilities for ease of recognition. [Ord. O-31-2020 § 2 (Exh. A)].

The land use table below identifies various land uses that are permitted or special uses in the public facilities overlay zone. Uses that are not listed in the table are prohibited.

P = Permitted (Permitted uses may still require approval through an application process as detailed in this chapter and other chapters)

S = Special (Special uses are permitted as long as they comply with the standards listed in Chapter 17.75 EMMC that are specific to that type of use)

Blank = Prohibited

[Ord. O-13-2025 § 1 (Exh. A); Ord. O-50-2023 § 2 (Exh. A); Ord. O-04-2023 § 2 (Exh. A); Ord. O-31-2020 § 2 (Exh. A)].

Repealed by Ord. O-13-2025. [Ord. O-50-2023 § 2 (Exh. A); Ord. O-04-2023 § 2 (Exh. A); Ord. O-31-2020 § 2 (Exh. A)].

The development standards are required standards for the public facilities zone in the city. The city council, in consideration of a prior recommendation by the planning commission, may modify these requirements if in its judgment the modification does not interfere with the use, enjoyment, and character of adjacent properties.

A. Setback Requirements for All Structures.

1. Front: 10 feet minimum.

2. Sides: none (equal to building height when adjacent to a residential zone).

3. Rear: 20 feet.

B. Building Height for All Structures. Maximum of 35 feet. Height is measured from the average grade of the highest finished grade and the lowest finished grade of the structure to the highest point of the roof, excluding ancillary structures.

C. Site Plan Review. Any development within the public facility zone that is not reviewed and approved as part of a master development plan, master site plan, or preliminary plat must receive site plan review and approval subject to Chapter 17.100 EMMC.

D. Architectural Review. Any proposed buildings shall comply with the commercial development standards of Chapter 17.72 EMMC.

E. Landscaping. Shall comply with the landscaping, planting, and fencing standards of Chapter 17.60 EMMC. Lot size transitioning does not apply.

F. Lighting. All lighting within the public facilities zone must comply with Chapter 17.56 EMMC.

G. Parking. Parking shall be provided and designed to meet the requirements of Chapter 17.55 EMMC.

H. Signs. Signage shall be permitted and treated as signage in a commercial zone and shall meet the requirements and standards of Chapter 17.80 EMMC, except for schools which shall follow the school signage requirements and standards of that chapter. [Ord. O-31-2020 § 2 (Exh. A)].

A. Historic Zones. Eagle Mountain City’s unique zoning district history and configurations included various land use zones, including several historical residential districts. Those zoning districts were once a part of either Eagle Mountain Municipal Code or adopted master development plans and agreements but are no longer codified. Properties once regulated by their standards shall be governed instead by current zoning regulations as stated hereafter. This section does not change existing zoning in areas already approved by the city. Landowners may apply to rezone property as outlined in Chapter 17.90 EMMC.

B. Residential Zone Equivalencies and Controls.

1. Prior Zone: “Residential Tier 1.”

a. Allowable density for all other properties shall be equivalent to the RD1 zone.

b. Minimum dimensional standards shall be equivalent to the RD1 zone as denoted in Table 17.25.040.

c. Uses shall be as allowed in Table 17.25.030 for the RD1 zone.

d. Development standards as outlined for the RD1 zone in the residential development standards table in EMMC 17.25.040. Exception: primary structure setbacks shown on a plat recorded prior to October 15, 2024, shall apply to the lots within the plat, rather than the primary structure setbacks included in EMMC 17.25.040.

e. All other generally applicable development standards in this code shall apply to this zone.

f. This zone shall be treated as the RD2 zone when applying standards in EMMC 17.60.160, Zone transitions, or 16.30.090, Connectivity standards, etc.

2. Prior Zone: “Residential Tier II.”

a. Allowable density for all other properties shall be equivalent to the R2 zone.

b. Minimum dimensional standards shall be equivalent to the R2 zone as denoted in Table 17.25.040.

c. Uses shall be as allowed in Table 17.25.030 for the R2 zone.

d. Development standards as outlined for the R2 zone in the residential development standards table in EMMC 17.25.040. Exception: primary structure setbacks shown on a plat recorded prior to October 15, 2024, shall apply to the lots within the plat, rather than the primary structure setbacks included in EMMC 17.25.040.

e. All other generally applicable development standards in this code shall apply to this zone.

f. This zone shall be treated as either the R1, R2, R3 or RC zone when applying standards found in EMMC 17.60.160, Zone transitions, or 16.30.090, Connectivity standards, etc.

3. Prior Zone: “Residential Tier III.”

a. Allowable density for all other properties shall be equivalent to the MF1 zone.

b. Minimum dimensional standards shall be equivalent to the MF1 zone as denoted in Table 17.25.040.

c. Uses shall be as allowed in Table 17.25.030 for the MF1 zone.

d. Development standards as outlined for the MF1 zone in the residential development standards table in EMMC 17.25.040. Exception: primary structure setbacks shown on a plat recorded prior to October 15, 2024, shall apply to the lots within the plat, rather than the primary structure setbacks included in EMMC 17.25.040.

e. All other generally applicable development standards in this code shall apply to this zone.

f. This zone shall be treated as the MF1 zone depending on the average lot size and general lot sizes within the development and when applying standards in EMMC 17.60.160, Zone transitions, or 16.30.090, Connectivity standards, etc.

4. Prior Zone: “Residential Tier IV.”

a. Allowable density for all other properties shall be equivalent to the MF2 zone.

b. Minimum dimensional standards shall be equivalent to the MF2 zone as denoted in Table 17.25.040.

c. Uses shall be as allowed in Table 17.25.030 for the MF2 zone.

d. Development standards as outlined for the MF2 zone in the residential development standards table in EMMC 17.25.040. Exception: primary structure setbacks shown on a plat recorded prior to October 15, 2024, shall apply to the lots within the plat, rather than the primary structure setbacks included in EMMC 17.25.040.

e. All other generally applicable development standards in EMMC shall apply to this zone.

f. This zone shall be treated as the MF2 zone when applying standards in EMMC 17.60.160, Zone transitions, or 16.30.090, Connectivity standards, etc.

5. Prior Zones: “Town Core Residential (TCR),” “Village Core (VC)” and “Country Residential.” Properties once zoned either Town Core Residential or Village Core Residential or Country Residential shall be regulated as per that zone’s regulations found within Ordinance 98-05, adopted March 30, 1998, excepting for current residential property development standards (e.g., property sizes, setbacks, heights, accessory structure controls, etc.) in EMMC Table 17.25.040 and use allowances as stated in EMMC Table 17.25.030. Applicable development standards and allowable uses shall be determined by the planning director, appealable to the planning commission and city council. Consideration shall be given to comparable zone standards when determining equivalencies.

6. Prior Zones – Other. Additional residential land uses zones identified and created in varying development agreements (e.g., “Townhome,” “FlexUse Tier – III-IV,” “Residential 5k, 6k, 8k, 10k Average,” “Low Density,” “Medium Density,” “Residential,” “Mixed Residential,” “Single-Family Residential,” etc.) shall be administered/treated as per that development agreement’s language. If a development standard is not stated for a given zone in an agreement, then the planning director reserves the right to require and apply standards from other current, and comparable, city zones, appealable to the planning commission and city council. Consideration shall be given to comparable zone standards when determining equivalencies.

C. Historic Community Listing(s). Planned communities (with zones or plans predating the effective date of the ordinance codified in this chapter within Eagle Mountain City that have not had their master plans completely amended (and/or associated development agreements completely amended and restated, e.g., “Pole Canyon” conversion into “Firefly”) as of October 15, 2024, comprise at least the following developments:

Note: Meadow Ranch and North Ranch were part of the Ranches plan/agreement.

[Ord. O-54-2024 § 2 (Exh. A)].

A. Historic Zones. Eagle Mountain City’s unique zoning district history and configurations included various land use zones, including historical commercial districts, the “Commercial” zone being the most prevalent. Those commercial districts were once a part of either Eagle Mountain Municipal Code or adopted master development plans and agreements but were removed at one time from code. Before being ultimately removed, some of those zones took the place of other prior districts and provided certain equivalencies by way of land use controls and regulations. Properties within those “old zones” shall, effective October 15, 2024, be governed instead by current zoning regulations stated hereafter.

Disclaimers: The regulations that follow primarily deal with regulation of uses and do not provide all zoning controls (e.g., minimum required building architectural features, floor area ratios, setbacks, parking, landscaping, and signage controls, etc.) as those standards do not carry forward with a zone no longer codified. This section does not change existing zoning in areas already approved by the city. Landowners may apply to rezone property as outlined in Chapter 17.90 EMMC.

B. Prior Zone: “Commercial.” The commercial zone absorbed a number of historic commercial type zones upon its creation and codification and, therefore, is separately addressed in this section.

C. Equivalency. In the event the city receives a request to rezone a property from “Commercial” into a currently codified zone, either the commercial neighborhood or commercial community zones may be considered as the preferred and roughly equivalent districts for the purpose of determining the propriety of the rezone request.

D. Commercial Zone – Land Use Control Table. The following table identifies various land uses that are permitted, conditional, special, and prohibited uses in the commercial zone. Uses that are not listed in this table are prohibited.

E. Property Area Requirement(s). No minimum lot size requirement for developments in this district. Conformance to all city parking, landscaping, utilities, site plan and other land development regulations that may govern all or a portion of each project is required.

F. Required Minimum Setbacks.

1. Front: maximum setback of 20 feet. The city council, in consideration of a prior recommendation by the planning commission, may increase this if, in its judgment, the increase complies with the following:

a. Does not interfere with the use, enjoyment, and character of adjacent properties;

b. The success of the business necessitates an increased setback, proven by data or research;

c. Additional setback is not solely to provide space for parking between the building and the street;

d. Topography or natural features make it impossible or impracticable to place the building within the setback. Maximum setback does not apply to anchor buildings if pad sites are provided which comply with this standard.

2. Sides: 50 feet where adjacent to a residential or agricultural zone. Lots adjoining within the commercial zone require no side lot setbacks.

3. Rear: 20 feet for all uses except where a rear yard is located adjacent to a residential or agricultural zone. In those cases, the rear yard shall be increased to 50 feet. In the event that the rear of a building faces an arterial or collector street, there shall be a setback of 50 feet. The city council, in consideration of a prior recommendation by the planning commission, may reduce this if in its judgment the reduction does not interfere with the use, enjoyment and character of adjacent properties.

4. Other General Requirements. In addition to the specific setback requirements noted above, no building shall be closer than 10 feet from any private road, driveway, or parking space. The intent of this requirement is to provide for building foundation landscaping and to provide protection to the building. Exceptions may be made for any part of the building that may contain an approved drive-up window.

G. Building Height. No building shall be over five stories.

H. Commercial Zone Development Standards. Development within the commercial zone shall comply with all current city zoning and subdivision standards.

I. Uses Within Buildings. All uses in the commercial zone shall be conducted entirely within a fully enclosed building except those uses deemed by the planning commission and city council to be customarily and appropriately conducted outside. Such uses include service stations, gas pumps, plant nurseries, home improvement material yards, automobile sales, etc. Outside storage of merchandise shall be accommodated entirely within an enclosed structure unless the planning commission and city council deem such storage to be customarily and appropriately conducted outside.

J. Previous Non-Single-Family Zones and Equivalents. Non-single-family (i.e., generally some form of commercial types) zoning districts contained in previous development codes are listed hereafter save for the afore-described “Commercial” zone. Properties within those zones prior to the adoption of the ordinance codified in this chapter shall only be entitled to the permitted and conditional uses permissible under the land use ordinance in which the property was zoned. With the exception of land use entitlement allowances, property zoned under previous development codes shall comply with all other regulations and standards contained in this chapter (as may be specified hereafter – including by reference to “equivalent” zones or new standards) so long as such conformance does not restrict density entitlements that are memorialized in a recorded master development agreement still in, and of, effect.

Historic, non-single-family zone(s) list (excluding the “commercial” zone):

1. Airpark Zone (AP). Permitted uses within the airpark zone included aviation services, aircraft sales and service (including corporate offices), restaurants, lodging, light manufacturing, warehousing, and residential, etc. This zone shall now be an overlay zone only with no residential uses allowed therein. The zone shall otherwise be regulated as per the Airpark Zone’s regulations found within the city code prior to being repealed on June 2, 2020, by Ordinance O-13-2020.

2. Business Park (BP). Permitted uses within the business park zone included banks, business, and corporate offices not to exceed three stories in height. Conditional uses included restaurants, retail services establishments, hotels, motels, bed and breakfast facilities, day care center, medical and health care offices, veterinary offices, electronics repair shop and residential group homes or any other uses that the planning commission may determine are similar and compatible with the foregoing. All other uses are/were expressly prohibited. This zone shall be administered in accordance with business park regulations contained in the “Sage Park Business Center and Residential Area Development Agreement” or “Spring Run” (as appropriate) when applying zoning standards.

3. Commercial Core (CC). Permitted uses within the commercial core zone included retail sales, business offices, banks, restaurants, apartments or condominiums, and professional offices. Conditional uses included retail service establishments, restaurants, theaters, hotels, motels, bed and breakfast facilities, retail goods establishments and places of worship or any other uses that the planning commission may determine are similar and compatible with the foregoing. All other uses are/were expressly prohibited. As of May 8, 2024, the city does not seemingly contain any commercial core zoned land.

4. Country Residential (CR). Permitted uses within the country residential zone included only single-family detached dwellings on individual building lots. Conditional uses within the zone include(d) multiple-family dwellings, commercial uses as identified in the town core residential not to exceed 10 percent, places of worship, bed and breakfast and public and private schools. The country residential zone was regulated as per the country residential zone’s regulations found within Ordinance 98-05, adopted March 30, 1998. Effective as of the effective date of the ordinance codified in this chapter, only single-family detached dwellings on individual lots at least three acres in size are, or shall be, permitted. For the purpose of applying property development rules, this zone shall be treated as equivalent to the RA2 zone.

5. Downtown Commercial Core (DCC). Permitted uses within the downtown commercial core zone included retail trades, services, mixed allowed uses, professional offices, eating and drinking establishments, entertainment, hotels, apartments and condominiums, banks, theaters, and galleries/studios. Other compatible uses approvable as conditional uses. All other uses are/were expressly prohibited. Structures within the DCC zone shall/were to be a minimum of two stories in height. As of May 8, 2024, the city does not seemingly contain any downtown commercial core zoned land.

6. Manufacturing and Industrial (M&I) Zone (also Industrial and Manufacturing). Permitted uses within the manufacturing and industrial zone included warehousing and construction trades or services, large warehouse-style retailing operations, manufacturing facilities and other uses requiring large buildings or structures that would otherwise not be permitted within the commercial core or satellite commercial areas. Conditional uses included manufacturing and retail services establishments or any other uses that the planning commission may determine are similar and compatible with the foregoing. All other uses are/were expressly prohibited. This zone shall be treated as the industrial zone(s) when applying standards found in EMMC Title 16 or 17.

7. Resort Commercial (RC). Permitted uses within the resort commercial zone included hotels, restaurants, tourism, residential and condominium uses, golf courses and associated facilities, and transient uses. Development agreements or code standards shall govern use(s), design, density, and open space. As of May 8, 2024, the city does not seemingly contain any resort commercial zoned land.

8. Resort Mixed Use (RMU). Permitted uses within the resort mixed use included golf courses. Conditional uses include(d): hotels, motels, bed and breakfast facilities, restaurants, condominiums, retail goods establishments, group homes, dwellings, office uses, banks, places of worship, public and private schools, or any other uses that the planning commission may determine are similar and compatible with the foregoing. All other uses are/were expressly prohibited. As of May 8, 2024, the city does not seemingly contain any resort mixed use zoned land.

9. Satellite Commercial (SC). Permitted uses within the satellite commercial zone included supermarkets, gas stations and professional offices. Conditional uses include(d) automobile, truck, recreational vehicle and equipment sales or rentals, automotive repair and service stations, retail service establishments, restaurants, hotels, motels, bed and breakfast facilities, banks, theaters, art galleries and museums and retail goods establishments or any other uses that the planning commission may determine are similar and compatible with the foregoing. All other uses are/were expressly prohibited. This zone shall be treated as the community commercial zone when applying standards found in EMMC Title 16 or 17.

10. Town Core Residential (TCR). Permitted uses within the town core residential zone included single-family dwellings, both attached and detached, and recreational facilities designed to service a group of residential structures. Conditional uses included multiple-family dwellings, restaurants, office uses, day care centers, art galleries, museums, places of worship and public and private schools or any other uses that the planning commission determine are similar and compatible with the foregoing. All other uses are/were expressly prohibited. The town core residential zone was regulated as per the town core’s regulations found within Ordinance 98-05 adopted March 30, 1998. Effective as of the effective date of the ordinance codified in this chapter, only single-family detached dwellings on individual lots at least one-half acre in size are, or shall be, permitted. For the purpose of applying property development rules, this zone shall be treated as equivalent to the RD2 zone.

11. Village Core (VC) (Commercial). Permitted uses within the village core zone included single-family dwellings (detached and attached). All uses that are included in the commercial core as allowed are allowed by conditional use permit in the village core zone. Conditional uses include(d) public and private schools. All other uses are/were expressly prohibited. This zone shall be treated as the commercial community zone when applying standards found in EMMC Titles 16 and 17.

12. Commercial C-1 Zone. Permitted, conditional and prohibited uses and development standards are those uses and standards defined in the residential zone and commercial zone. Prohibited uses shall be those prohibited and defined in the commercial zone.

13. Commercial C-2 Zone. Permitted, conditional and prohibited uses and development standards are those uses and standards defined in the residential zone and commercial zone. Prohibited uses shall be those prohibited and defined in the commercial zone.

14. Townsquare Commercial C-3 Zone. Permitted uses and standards are those uses and standards defined in the residential zone and commercial zone. Conditional uses shall not be limited to any conditional or similar uses as defined and adopted as Ordinance O-02-2006. Prohibited uses shall be those uses prohibited and defined in the commercial zone. [Ord. O-54-2024 § 2 (Exh. A)].

In order to further the purposes of LUDMA (Utah’s Municipal Land Use, Development, and Management Act) and the City’s General Plan, the city is divided into various zones, including a number of commercial and office zones. This chapter establishes the land use regulations for these zones in Eagle Mountain City, including allowed uses, minimum land use standards, and other development provisions. [Ord. O-12-2020 § 2 (Exh. A); Ord. O-06-2020 § 2 (Exh. A)].

A. Zone: Commercial Neighborhood (CN). This zone provides small scale commercial retail, office, and services, located to accommodate the daily needs of local residents. Uses should be integrated with adjacent neighborhoods and impose minimal impacts resulting from traffic, lighting, noise, etc. This zone is generally appropriate within some areas designated as Community Commercial on the city’s future land use map, but may also be considered for approval in other areas at the discretion of the approval authority, depending on the surrounding land uses, adjacency to residential units (within walking distance), and potential impacts to neighboring land uses.

B. Zone: Commercial Community (CC). This zone provides areas of commercial retail, office, and services, located near transportation hubs and major intersections and designed to buffer neighboring residential areas. Developments should incorporate coordinated circulation, architecture, and landscaping, and a balance of uses oriented to local residents and passing motorists. This zone is generally appropriate within some areas designated as Community Commercial on the city’s future land use map, but may also be considered for approval in other areas at the discretion of the approval authority, depending on the surrounding land uses, adjacency to transportation hubs or major intersections, and potential impacts to neighboring land uses.

C. Zone: Commercial Regional (CR). This zone provides areas appropriate for highway-oriented retail and service uses and regional shopping centers that serve community-wide and regional shopping needs. The CR zone should be located close to freeways and/or major arterials to provide convenient access for major traffic volumes without impacting residential areas. Developments should incorporate coordinated circulation, architecture, and landscaping, and contain a wide range of retail and service establishments within a unified shopping center complex. When supported by the general plan, an appropriate mixture of uses, such as professional office, and institutional uses, as well as entertainment and recreational venues, is allowable. Where necessary and appropriate, the development must provide transitioning toward less intensive uses neighboring the district. This zone is generally appropriate within areas designated as Regional Commercial on the city’s future land use map, but may also be considered for approval in other areas at the discretion of the approval authority, depending on the surrounding land uses, adjacency to major roadways, traffic volumes, and other circumstances. [Ord. O-12-2020 § 2 (Exh. A); Ord. O-06-2020 § 2 (Exh. A)].

This land use table contains the various land uses that are permitted, special, and prohibited uses in the commercial zones. Uses that are not listed in this table are prohibited.

P = Permitted (Permitted uses may still require approval through an application process as detailed in this chapter and other chapters.)

S = Special (Special uses are permitted uses that must also comply with the standards listed in Chapter 17.75 EMMC that are specific to that type of use.)

BLANK = Prohibited

1    Includes arts and crafts sales, body art facility, electronic media rental and sales, hardware and home improvement, pet store, and uses deemed similar or appropriate by the city.

2    Includes bookstore, copy center or postal center, floral sales, ice cream or dessert shop, and uses deemed similar or appropriate by the city.

3    Check cashing and deferred deposit lenders include any business that must register in accordance with Section 7-23-101 et seq., Utah Code Annotated.

4    Hotels offering extended stay must include a mix of extended stay and standard rooms (maximum 70 percent extended stay).

5    These special uses are considered prohibited until special use standards specific to these uses are approved and included in Chapter 17.75 EMMC.

[Ord. O-50-2023 § 2 (Exh. A); Ord. O-35-2023 § 2 (Exh. A); Ord. O-34-2023 § 2 (Exh. A); Ord. O-04-2022 § 2 (Exh. A); Ord. O-12-2020 § 2 (Exh. A); Ord. O-06-2020 § 2 (Exh. A)].

This development standards table contains required standards for each commercial zone in the city. More details and clarification are included as footnotes and as generally applicable provisions later in this chapter.

1    Height is measured from the average of the highest finished grade and the lowest finished grade of the structure to the highest point of the roof, excluding ancillary structures.

2    The approval authority may approve alternative setbacks if, in its judgment, the setbacks comply with the following:

1. Does not interfere with the use, enjoyment, and character of adjacent properties;

2. The success of the business necessitates the setbacks, proven by data or research;

3. The setbacks are not solely to provide space for parking between the building and the street;

4. Topography or natural features make it impossible or impracticable to place the building within the setback.

* Maximum setback does not apply to anchor buildings if pad sites are provided which comply with this standard.

3    If adjacent to residential.

[Ord. O-12-2020 § 2 (Exh. A); Ord. O-06-2020 § 2 (Exh. A)].

All development projects within the commercial zones in this chapter shall conform to the following general requirements:

A. Site Plan Approval. All permitted or special uses in the commercial zones must comply with Chapter 17.100 EMMC, Site Plan Review, unless exempted in that chapter.

B. Architecture and Site Design. All permitted or special uses in the commercial zones shall comply with Chapter 17.72 EMMC, Commercial and Multifamily Design Standards. Exceptions include communication and utility structures, transit stops, temporary commercial uses, and similar uses.

C. Lighting. All exterior lighting, including parking lot lights, building lights, and other lighting must comply with the standards found in Chapter 17.56 EMMC, Outdoor Lighting Standards. Streetlights are required to be paid for by developers and installed by the city’s contractor along all roads in and surrounding a project, in accordance with EMMC 15.10.390.

D. Parking. Parking stalls, including ADA stalls, and parking lot improvements shall be provided in accordance with the standards in Chapter 17.55 EMMC, Off-Street Parking.

E. Landscaping. All landscaping shall comply with the standards in Chapter 17.60 EMMC, Landscaping, Buffering, Fencing and Transitioning. Landscaping in parking lots shall comply with Chapter 17.55 EMMC, Off-Street Parking. All landscaping shall be installed prior to the issuance of a certificate of occupancy for the building. The city building official may approve exceptions as seasonal conditions warrant. It shall be the responsibility of the property owner to maintain all approved landscaping in accordance with the approved site plan and in compliance with the city’s parking and landscaping requirements.

F. Buffers and Transitions Between Developments and Uses. Commercial and other nonresidential uses require buffering or transitioning when built adjacent to residential uses. Buffering standards can be found in Chapter 17.60 EMMC, and include walls or fences, landscaping, and distance separations. Screening walls shall be built by the developer/builder of the commercial or non-residential use, when adjacent to a residential use.

G. Hillside Development and Sensitive Lands. No construction, development, or earthwork may occur on land restricted by utility corridors, natural washes, storm drain retention/detention areas, geologically sensitive areas that require special engineering considerations for safe habitation, and steep slopes, unless in full compliance with Chapters 15.80 and 17.62 EMMC, other applicable city codes, and approved by the approval authority for site plans. The approval authority may consider, at their discretion, approval of uses on land restricted by utility corridors, including parking lots, recreation (trails, plazas, open space), appropriate temporary uses, and transit stops. Development projects that include hillsides, ridgelines, or retaining walls must comply with the standards in Chapters 15.80 and 17.62 EMMC. No permanent structures near natural washes shall be built in the watercourse plus 75 feet from the center of the flowline, or a 50-foot buffer on either side, as measured out from the top of the bank, whichever is greater, to be determined by the city engineer or designee. Additionally, no earthwork, excavation, or earth removal shall occur within the watercourse plus 75 feet from the center of the flowline, or a 50-foot buffer on either side of the top of the bank as determined by the city engineer or designee. Utility corridors and natural washes shall be preserved and deeded to the city whenever possible for trails and open space or wildlife corridors.

H. Signs. Permanent monument signs for a project shall comply with the standards in Chapter 17.80 EMMC, Sign Regulations and Sign Permits, and sign locations shall be reviewed along with the site plan review. All business signs require submittal and approval of a sign permit application, and signs may require a building permit.

I. Street Trees. Developers and/or builders shall plant appropriate trees in park strips along all public streets. Planting shall be done along with the project landscaping and in accordance with the standards found in EMMC 16.35.080. Street trees are required along all collector and arterial roads.

J. Uses within Buildings. All uses in the commercial zones shall be conducted entirely within a fully enclosed building except those uses deemed by the approval authority to be customarily and appropriately conducted outside (merchandise, gas pumps, plant nurseries, home improvement material yards, automobile sales, etc.). No trash, used materials, wrecked or abandoned vehicles or equipment shall be stored in an open area. All such materials shall be kept within an opaque enclosure that is architecturally compatible with the main building. Trash enclosures, compactors, truck loading areas, and outdoor storage shall be oriented away from residential uses to the extent practical.

K. Bicycle Parking. Convenient bicycle parking shall be provided in locations that do not interfere with pedestrian circulation. Bicycle parking facilities shall be disbursed throughout larger sites and located in convenient and visible areas.

L. Drive-Through Lanes. Drive-through lanes shall be located away from adjoining residential developments. Speakers and menu boards shall be located so that noise is not directed toward residential uses and shall incorporate a screen wall and landscaping to mitigate noise. Where possible, public access doors shall not be located in an area that requires pedestrians/customers to cross drive-through lanes. Where unavoidable, improvements shall be provided to slow vehicles or improve visibility for pedestrians. [Ord. O-38-2024 § 2 (Exh. A); Ord. O-12-2020 § 2 (Exh. A); Ord. O-06-2020 § 2 (Exh. A)].

In order to further the purposes of LUDMA (Utah’s Municipal Land Use, Development, and Management Act) and the city’s general plan, the city is divided into various zones, including a number of business park zones. This chapter establishes the land use regulations for these zones in Eagle Mountain City, including allowed uses, minimum land use standards, and other development provisions. [Ord. O-20-2020 § 2 (Exh. A)].

A. Zone: Light Manufacturing/Distribution Zone (LMD). The purpose of the LMD zone is for limited retail, research, office, light manufacturing, and warehouse uses. This zone would allow medium distribution centers, light manufacturing, research labs not producing hazardous waste, warehouses with small office areas in the front of the building and outside machinery and product storage attached to a business. These buildings will be required to have professional looking exteriors with landscaping, parking out front with docks and screened storage yards in the back. These types of businesses will be located near major collectors, arterial roads and highways. This zone is generally most appropriate in areas designated as Business Park/Light Industry on the city’s future land use map, but it may also be considered for approval in other areas at the discretion of the approval authority, depending on the surrounding land uses and other circumstances.

B. Zone: Medical/Educational Campus Zone (MEC). The purpose of the MEC zone is to provide a planned location for campus and business park type developments for hospitals, medical and healthcare schools, universities, colleges, trade schools and healthcare facilities including rehabilitation, transitional care, geriatric care, urgent care, and primary care facilities. These will be close to major roadways and transit corridors. This zone will also allow for student dormitories to be built in conjunction with educational facilities. This zone is generally most appropriate in areas designated as Employment Center Campus on the city’s future land use map, but it may also be considered for approval in other areas at the discretion of the approval authority, depending on the surrounding land uses and other circumstances.

C. Zone: Office Professional (OP). This zone provides an aesthetically attractive environment for large and small business offices and office parks with limited commercial use. This zone is intended to ensure compatibility of new development with surrounding land uses through standards that provide attractive buildings, well planned grounds and other appropriate amenities supporting employee activity. Uses which produce noises, objectionable odors, storage of hazardous substances or the outside storage of inventory or equipment are not appropriate in this zone. This zone is generally most appropriate in areas designated as Regional Commercial or Employment Center Campus on the city’s future land use map, but it may also be considered for approval in other areas at the discretion of the approval authority, depending on the surrounding land uses and other circumstances. [Ord. O-20-2020 § 2 (Exh. A)].

This land use table contains the various land uses that are permitted, special, and prohibited uses in the business park zones. Uses that are not listed in this table are prohibited.

P = Permitted (Permitted uses may still require approval through an application process as detailed in this chapter and other chapters)

S = Special (Special uses are permitted uses that must also comply with the standards listed in Chapter 17.75 EMMC that are specific to that type of use)

BLANK = Prohibited

1    Includes construction supplies, gift shops, floral sales, copy center or postal center, ice cream or dessert shop, and uses deemed similar or appropriate by the city.

2    Large universities or colleges are generally not appropriate in this zone, as they may take up significant space. Satellite universities/colleges, however, that are smaller in scale, are appropriate.

3    Check cashing and deferred deposit lenders include any business that must register in accordance with Section 7-23-101 et seq., Utah Code Annotated.

4    These special uses are considered prohibited until special use standards specific to these uses are approved and included in Chapter 17.75 EMMC.

[Ord. O-50-2023 § 2 (Exh. A); Ord. O-35-2023 § 2 (Exh. A); Ord. O-04-2023 § 2 (Exh. A); Ord. O-04-2022 § 2 (Exh. A); Ord. O-20-2020 § 2 (Exh. A)].

This development standards table contains required standards for each business park zone in the city. More details and clarification are included as footnotes and as generally applicable provisions later in this chapter.

1    Height is measured from the average of the highest finished grade and the lowest finished grade of the structure to the highest point of the roof, excluding ancillary structures.

2    The approval authority may approve alternative height or setbacks if, in its judgment, it complies with one or more of the following:

1. Does not interfere with the use, enjoyment, and character of adjacent properties;

2. Adjacent residential-zoned property has a future land use designation that is not residential;

3. Height or setbacks are consistent with similar development within the zone or area;

4. Topography or natural features make it impossible or impracticable to place the building within the setback

3    If adjacent to residential.

[Ord. O-20-2020 § 2 (Exh. A)].

All development projects within the business park zones in this chapter shall conform to the following general requirements:

A. Site Plan Approval. All permitted or special uses in the business park zones must comply with Chapter 17.100 EMMC, Site Plan Review, unless exempted in that chapter.

B. Architecture and Site Design. All permitted or special uses shall comply with Chapter 17.72 EMMC, Commercial and Multifamily Design Standards. Where more than one structure is built in a complex or project, structures shall have a similar style or theme, including colors, materials, and design elements. It is recognized that the function and use of buildings used for light manufacturing or unique uses may dictate the style and other appearance of the structure. In these cases strict adherence to the provisions of this chapter may not be advisable or possible, at the discretion of the approval authority.

C. Lighting. All exterior lighting, including parking lot lights, building lights, and other lighting must comply with the standards found in Chapter 17.56 EMMC, Outdoor Lighting Standards. Site lighting shall adequately light all parking areas, walkways, and common areas. Streetlights are required to be paid for by developers and installed by the city’s contractor along all roads in and surrounding a project, in accordance with EMMC 15.10.390.

D. Parking. Parking stalls, including ADA stalls, and parking lot improvements shall be provided in accordance with the standards in Chapter 17.55 EMMC, Off-Street Parking.

E. Landscaping. All landscaping shall comply with the standards in Chapter 17.60 EMMC, Landscaping, Buffering, Fencing and Transitioning. Landscaping in parking lots shall comply with Chapter 17.55 EMMC, Off-Street Parking. All landscaping shall be installed prior to the issuance of a certificate of occupancy for the building. The City Building Official may approve exceptions as seasonal conditions warrant. It shall be the responsibility of the property owner to maintain all approved landscaping in accordance with the approved site plan and in compliance with the City’s parking and landscaping requirements.

F. Buffers and Transitions Between Developments and Uses. Nonresidential uses require buffering or transitioning when built adjacent to residential uses. Buffering standards can be found in Chapter 17.60 EMMC, and include walls or fences, landscaping, and distance separations. Screening walls shall be built by the developer/builder of the nonresidential use, when adjacent to a residential use.

G. Hillside Development and Sensitive Lands. No construction, development, or earthwork may occur on land restricted by utility corridors, natural washes, storm drain retention/detention areas, geologically sensitive areas that require special engineering considerations for safe habitation, and steep slopes, unless in full compliance with Chapters 15.80 and 17.62 EMMC, other applicable city codes, and approved by the approval authority for site plans. The approval authority may consider, at their discretion, approval of uses on land restricted by utility corridors, including parking lots, recreation (trails, plazas, open space), appropriate temporary uses, and transit stops. Development projects that include hillsides, ridgelines, or retaining walls must comply with the standards in Chapters 15.80 and 17.62 EMMC. No permanent structures near natural washes shall be built in the watercourse plus 75 feet from the center of the flowline, or a 50-foot buffer on either side, as measured out from the top of the bank, whichever is greater, to be determined by the city engineer or designee. Additionally, no earthwork, excavation, or earth removal shall occur within the watercourse plus 75 feet from the center of the flowline, or a 50-foot buffer on either side of the top of the bank as determined by the city engineer or designee. Utility corridors and natural washes shall be preserved and deeded to the city whenever possible for trails and open space or wildlife corridors.

H. Signs. Permanent monument signs for a project shall comply with the standards in Chapter 17.80 EMMC, Sign Regulations and Sign Permits, and sign locations shall be reviewed along with the site plan review. All business signs require submittal and approval of a sign permit application, and signs may require a building permit.

I. Street Trees. Developers and/or builders shall plant appropriate trees in park strips along all public streets. Planting shall be done along with the project landscaping and in accordance with the standards found in EMMC 16.35.080. Street trees are required along all collector and arterial roads.

J. Uses within Buildings. All uses in the business park zones shall be conducted entirely within a fully enclosed building except those uses deemed by the approval authority to be customarily and appropriately conducted outside (merchandise, gas pumps, plant nurseries, home improvement material yards, automobile sales, etc.). No trash, used materials, wrecked or abandoned vehicles or equipment shall be stored in an open area. All such materials shall be kept within an opaque enclosure that is architecturally compatible with the main building. Trash enclosures, compactors, truck loading areas, and outdoor storage shall be oriented away from residential uses to the extent practical.

K. Bicycle Parking. Convenient bicycle parking shall be provided in locations that do not interfere with pedestrian circulation. Bicycle parking facilities shall be dispersed throughout larger sites and located in convenient and visible areas.

L. Drive-Through Lanes. Drive-through lanes shall be located away from adjoining residential developments. Speakers and menu boards shall be located so that noise is not directed toward residential uses and shall incorporate a screen wall and landscaping to mitigate noise. Where possible, public access doors shall not be located in an area that requires pedestrians/customers to cross drive-through lanes. Where unavoidable, improvements shall be provided to slow vehicles or improve visibility for pedestrians. [Ord. O-38-2024 § 2 (Exh. A); Ord. O-20-2020 § 2 (Exh. A)].

In order to further the purposes of LUDMA (Utah’s Municipal Land Use, Development, and Management Act) and the city’s general plan, the city is divided into various zones, including a commercial storage district. This chapter establishes the land use regulations for the development of commercial storage land uses, including permitted and special uses, minimum land use standards, and other development provisions within that zone. [Ord. O-40-2024 § 2 (Exh. A); Ord. O-02-2011 § 2 (Exh. A)].

This land use table contains the various land uses that are permitted, conditional, special, and prohibited uses in the residential zones. Uses that are not listed in this table are prohibited.

P = Permitted (Permitted uses may still require approval through an application process as detailed in this chapter and other chapters).

S = Special (Special uses are permitted as long as they comply with the standards listed in Chapter 17.75 EMMC that are specific to that type of use).

Blank = Prohibited.

[Ord. O-40-2024 § 2 (Exh. A)].

There is no minimum lot size requirement for developments in this district. However, all uses, lots or parcels in the commercial storage zone shall be of sufficient size to assure compliance with land development regulations that may govern all or a portion of each project. All developments in this district are required to submit a site plan application (see Chapter 17.100 EMMC for more information on the site plan process). [Ord. O-40-2024 § 2 (Exh. A); Ord. O-02-2011 § 2 (Exh. A). Formerly 17.38.060].

The following setback requirements are intended to describe the amount of space required between buildings and property lines. All buildings in this zone, including accessory buildings, are required to maintain a minimum distance from property lines as set forth below. Conditional uses may require greater setbacks so as to prevent a nuisance as determined by the city council.

A. Front: 25 feet. The city council, in consideration of a prior recommendation by the planning commission, may reduce this if in its judgment the reduction does not interfere with the use, enjoyment and character of adjacent properties.

B. Sides: 50 feet, where adjacent to a residential zone. The city council, in consideration of a prior recommendation by the planning commission, may reduce this if in its judgment the reduction does not interfere with the use, enjoyment and character of adjacent properties. Lots adjoining other commercial or industrial uses require no side lot setbacks.

C. Rear: 20 feet for all uses except where a rear yard is located adjacent to a residential zone. In those cases, the rear yard shall be increased to 50 feet. In the event that the rear of a building faces an arterial or collector street, there shall be a setback of 50 feet. The city council, in consideration of a prior recommendation by the planning commission, may reduce this if in its judgment the reduction does not interfere with the use, enjoyment and character of adjacent properties.

D. Other General Requirements. In addition to the specific setback requirements noted above, no building shall be closer than 10 feet from any private road, driveway or parking space. The intent of this requirement is to provide for building foundation landscaping and to provide protection to the building. Buffer widths shall comply with Table 17.60.170(a), Required Buffer Widths and Improvements. [Ord. O-40-2024 § 2 (Exh. A); Ord. O-02-2011 § 2 (Exh. A). Formerly 17.38.070].

No building in this zone shall be over two stories, or 25 feet. [Ord. O-40-2024 § 2 (Exh. A); Ord. O-02-2011 § 2 (Exh. A). Formerly 17.38.080].

The following development standards shall apply to the commercial storage zone:

A. Architectural Review. The planning commission shall review the site plan and building elevations. The planning commission shall confirm compliance with architectural design standards for buildings and structures to assure compliance with the general plan and with the city’s generally applicable policies and regulations.

B. Landscaping. All landscaping shall be completed in accordance with the approved site plan and all city ordinances, and shall be installed prior to the issuance of a certificate of occupancy for the building. The city building official may approve exceptions as seasonal conditions warrant. It shall be the responsibility of the property owner to maintain all approved landscaping in accordance with the approved site plan and in compliance with the city’s parking and landscaping requirements. Some of these requirements may be reduced or waived by the planning commission and city council if warranted.

C. Trash Storage. No trash, wrecked or abandoned vehicles or wrecked equipment shall be stored in an open area. All such materials shall be kept within a fully enclosed building. Garbage dumpsters shall be located out of sight and away from roads.

D. Screening Requirements. A wall, fence and/or landscaping of acceptable design shall effectively screen any storage areas on the site, except approved outdoor unfenced storage. Such wall, fence or landscaping shall be at least six feet in height, unless a wall or fence of a different height is required by the city council in consideration of a prior recommendation by the planning commission as part of a site plan review. Such wall, fence or landscaping shall be maintained in good condition with no advertising thereon, except as permitted by the city’s signage regulations. Buffer widths and improvements shall comply with Table 17.60.170(a), Required Buffer Widths and Improvements.

E. A maximum of six moving vehicles (e.g., vans, box trucks, trailers, etc.) may be displayed outside of a building or in front of a six-foot privacy fence or wall. All vehicles must be parked upon an improved parking area within designated parking stalls. Additional rental vehicles may be placed inside a structure or behind a minimum of a six-foot privacy fence or wall.

1. Vehicles located outside of a structure and in front of a wall or fence shall be located in a manner so as to not obstruct drive aisles, doors, or pedestrian pathways.

F. Caretaker dwelling that complies with the following:

1. A single caretaker dwelling shall be incidental and accessory to a self-service/mini-storage type use of a property;

2.  Shall not be larger than 1,200 square feet;

3.  Be located within or attached to the principal structure utilizing complementary and code compliant architectural materials;

4.  Have a minimum of two parking stalls in a garage or carport dedicated to the caretaker dwelling;

5.  One caretaker dwelling is allowed per principal use on a given property;

6. Occupied or rented only by a single employee or subcontractor (with or without family members) of the legal entity which owns the principal use being cared for. The caretaker shall be employed at least 50 percent of the time as an employee or subcontractor of the legal entity which occupies main building on the subject property; and

7. Any person occupying shall submit evidence of compliance with this section upon request of the city. [Ord. O-40-2024 § 2 (Exh. A); Ord. O-21-2018 § 2 (Exh. A); Ord. O-02-2011 § 2 (Exh. A). Formerly 17.38.090].

In order to further the purposes of LUDMA (Utah’s Municipal Land Use, Development, and Management Act) and the city’s general plan, the city is divided into various zones, including an industrial district. This chapter establishes the land use regulations for the industrial zone in Eagle Mountain City, including permitted and special uses, minimum land use standards, and other development provisions. [Ord. O-40-2024 § 2 (Exh. A)].

The land use table in this section specifies the various land uses that are permitted or specially permitted within the industrial zone. Uses that are not listed in the table are prohibited.

P = Permitted.

S = Special (Special uses are permitted as long as they comply with standards listed in Chapter 17.75 EMMC that are specific to that type of use).

[Ord. O-26-2025 § 1 (Exh. A); Ord. O-03-2025 § 2 (Exh. A); Ord. O-40-2024 § 2 (Exh. A)].

No minimum property size required. Nevertheless, all uses, lots or parcels in the industrial zone shall be of sufficient size to assure compliance with the city’s development regulations.

All developments in the district are required to submit a master site plan, predevelopment, in accordance with provisions in Chapter 17.100 EMMC. [Ord. O-40-2024 § 2 (Exh. A)].

Developments on properties within the industrial zone shall comply with the setback requirements as set forth hereafter. In the case of uses requiring a special or conditional use permit, the planning commission may require greater setbacks than code minimums in order to mitigate potential compatibility conflicts between uses.

A. Other General Requirements. In addition to setback requirements in this section, no building shall be closer than 10 feet to any private road, driveway or parking space. The intent of this requirement is to provide for building foundation landscaping and to provide protection to the building. Exceptions may be made for any part of the building that may contain an approved drive-up window. [Ord. O-40-2024 § 2 (Exh. A)].

No building in the industrial zone shall exceed five stories. Structures formerly within the BP zone shall not exceed three stories. [Ord. O-40-2024 § 2 (Exh. A)].

The following development standards shall apply to the industrial zone:

A. Architectural Review. The planning commission shall review the site plan and building elevations to confirm compliance with any applicable industrial zone architectural design standards.

B. Landscaping. All landscaping shall be completed in accordance with the approved landscape plan and all city ordinances, and shall be installed prior to the issuance of a certificate of occupancy for a/the building. The planning director may approve exceptions as seasonal conditions warrant. It shall be the responsibility of the property owner to maintain all approved landscaping in accordance with the approved site plan and in compliance with the city’s parking and landscaping requirements.

C. Uses Within Buildings. All uses in the industrial zone shall be conducted entirely within a fully enclosed building except those uses deemed by the planning commission and city council to be customarily and appropriately conducted outside. Such uses include service stations, gas pumps, plant nurseries, home improvement material yards, automobile sales, etc. Outside storage of merchandise shall be accommodated entirely within an enclosed structure unless the planning commission and city council deem such storage to be customarily and appropriately conducted outside.

D. Trash Storage. No trash, used materials, wrecked or abandoned vehicles or equipment shall be stored in an open area. All such materials shall be kept within an opaque enclosure that is architecturally compatible with the main building. Garbage dumpsters shall be located out of sight and away from major roads within enclosures if they would otherwise be visible to/from public view.

E. Screening Requirement(s). A wall, fence and/or landscaping of acceptable design shall effectively screen the borders of any commercial or industrial lot which abuts an agricultural or residential use. Such a wall, fence or landscaping shall be at least six feet in height, unless a wall or fence of a different height is required by the city council in consideration of a prior recommendation by the planning commission as part of a site plan review. Such wall, fence or landscaping shall be maintained in good condition with no advertising thereon, except as permitted by the city’s signage regulations.

F. Moving and Storage Facilities Standards. Commercial moving vehicles shall:

1. Be parked upon an improved parking area within designated parking stalls – unless behind a screen wall or fence so as to not be visible from public view; and

2. Be located behind the front setback.

Vehicles located outside of a structure and in front of a wall or fence shall be located in a manner so as to not obstruct drive aisles, doors, or pedestrian pathways.

G. Caretaker dwelling that complies with the following:

1. A single caretaker dwelling shall be incidental and accessory to a self-service/mini-storage type use of a property;

2. Shall not be larger than 1,200 square feet;

3. Be located within or attached to the principal structure utilizing complementary and code compliant architectural materials;

4. Have a minimum of two parking stalls in a garage or carport dedicated to the caretaker dwelling;

5. One caretaker dwelling is allowed per principal use on a given property;

6. Occupied or rented only by a single employee or subcontractor (with or without family members) of the legal entity which owns the principal use being cared for. The caretaker shall be employed at least 50 percent of the time as an employee or subcontractor of the legal entity which occupies main building on the subject property; and

7. Any person occupying shall submit evidence of compliance with this section upon request of the city. [Ord. O-40-2024 § 2 (Exh. A)].

The purposes of the transfer of development rights program, or TDR program, include, but are not limited to:

A. Protecting and enhancing private property rights by enabling the transfer of potential development rights.

B. Maintaining the natural beauty of Eagle Mountain City.

C. Promoting the public health, safety, and general welfare of Eagle Mountain City residents by establishing procedures, methods, and standards for the transfer of development rights.

D. Establishing a procedure enabling Eagle Mountain City and its landowners to voluntarily sever development rights from a sending property.

E. Establishing procedures for the formal transferring of development rights from a sending property, tracking those, and then to establish the use of those transferred development rights on a receiving property.

F. Establishing certain incentives for attaching development rights to relevant receiving properties.

G. Preserving open space, scenic views, agricultural, riparian and critical/sensitive lands.

H. Protecting lands, resources and structures of aesthetic, architectural, recreational, and historic significance.

I. Assisting in shaping the character and direction of the development of Eagle Mountain City.

Through the TDR program, development rights can be separated from the real property they are attached to and can be used or sold separately from the land itself. The following chapter provides a mechanism for landowners to transfer unused development rights to another property that could benefit from the rights. [Ord. O-59-2024 § 1 (Exh. A)].

“Conservation easement” means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly in a natural, scenic, or open condition, or for recreational, agricultural, cultural, wildlife habitat or other use or condition consistent with the protection of open land.

“Constrained and sensitive land” means land which is unbuildable under the Eagle Mountain Municipal Code, or land which contains any of the following features: federal, state, or municipally designated wetlands, water bodies, washes, floodplains, slopes greater than 25 percent, faults, canals, and other geologically or environmentally sensitive features that require mitigation, special insurance, or permits from government authorities to allow development.

“Deed of severance” means an instrument executed by a property owner and Eagle Mountain City by which development rights are severed from a sending property. A deed of severance shall be combined with a conservation easement.

“Deed of transfer” is made by the owner of a development right, transferring development rights from a sending area to a receiving property.

“Determination of eligibility” means the process performed by the planning director or a designee that determines the number of transferable development rights that may be transferred from a sending property.

“Development rights” means the potential for the improvement of a legally established parcel of land, measured in dwelling units, existing as a result of the underlying zone of the parcel.

“Net buildable land” shall include the total area of the proposed development minus land that is constrained and sensitive land.

“Receiving area” means an area zoned with the transfer of development rights receiving overlay zone and where purchased development rights may be used in accordance with this chapter.

“Receiving property” means a lot or parcel within a receiving area and within which development rights are increased pursuant to a transfer of development rights affixed to the lot or parcel.

“Sending area” means an area zoned with the transfer of development rights sending overlay zone and is authorized to have development rights severed and transferred to a receiving area in accordance with this chapter.

“Sending property” means a lot or parcel within a sending area from which development rights are authorized to be severed.

“Severance of development rights” means the process by which development rights from a sending property are severed pursuant to this chapter.

“Transfer of development rights” means the process by which development rights from a sending property are affixed to one or more receiving properties.

“Transfer of development rights certificate or TDR certificate” means a certificate issued by the Eagle Mountain planning director or designee that indicates a number of transferable development rights credits that have been authorized for a sending property, which may be transferred to a receiving property. [Ord. O-59-2024 § 1 (Exh. A)].

A. The following uses are permitted within sending areas after a deed of severance and conservation easement is recorded. Uses other than those listed below are prohibited:

1. Agricultural and horticultural uses, including grazing of animals in compliance with state and federal animal land use regulations, raising crops, wholesale nurseries, and associated buildings that are specifically needed to support active, viable, and permitted agricultural and horticultural operations. Wholesale nurseries must obtain an operating permit and business license from the city and must comply with all fencing and maintenance requirements of this title.

2. Public rights-of-way and easements, including recreational trails.

3. Commercial horse riding, training and boarding stables.

4. Silviculture, in keeping with established standards for selective harvesting and sustained yield forestry.

5. One single-family dwelling and one accessory dwelling unit on parcels with five or more acres.

6. Municipal facilities required for local service and/or recreation needs.

7. Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the conserved land.

8. Restoration, maintenance, enhancement of native vegetation.

9. Publicly accessible recreational lands and facilities including trails, parks and natural lands.

10. Agritourism.

11. Conservation of open land in its natural state, e.g., meadows, tree stands, wetlands, forestland.

B. Sending areas shall meet all of the following criteria:

1. Sending areas are property that have been zoned with the transfer of development rights sending (“TDR-S”) overlay zone, in which the overlay zone confers special rights and obligations as set forth in this chapter in addition to the underlying zoning regulations. Once a deed of severance and conservation easement is recorded, no uses other than those expressly permitted herein are permitted, regardless of the underlying zoning.

2. The TDR-S overlay zone may be applied to agricultural lands and open spaces as shown on the official zoning map of Eagle Mountain City.

a. For agricultural parcels, sending areas shall be no smaller than 10 acres.

b. For planned city parks or areas of historical significance, sending areas shall be no smaller than five acres.

c. Connecting parcels smaller than the minimum requirements may be considered on a case-by-case basis by the city council.

3. A property owner may apply to have their property be designated as a sending area and rezoned to receive the TDR-S overlay zone through the city’s rezoning process set forth in Chapter 17.90 EMMC.

4. Where a property is partially contained within a sending area, only the portion of the property contained within the sending area may be used for the purposes of determining the number of transferable development rights (“TDR”) credits.

5. A deed of severance and a conservation easement shall be recorded on the sending area property from which potential development rights were severed, and the property may thereafter only be used as outlined in this chapter. The conservation easement requires the formal commitment from the city for long-term management of the sending property or, if the city declines to manage the sending property, from a nonprofit or land trust. All applicable fees, including stewardship fees, for the transfer must be paid by the applicant prior to recording the deed of severance and conservation easement.

6. Any landowner within the TDR-S overlay zone may apply to have TDR credits calculated and created for their property based on formulas contained herein. The entire property shall be submitted for calculation of TDR credits at the time of application with the city.

7. All properties owned by the state or federal agencies and existing conservation subdivisions shall not be eligible for TDR credits or severance of potential development rights.

a. All other sending areas and property within the TDR-S overlay zone are eligible for a determination of eligibility. [Ord. O-59-2024 § 1 (Exh. A)].

A. Determination of Transferable Development Rights.

1. The planning director or designee shall establish and maintain a system for monitoring the determination, severance, ownership, assignment, and transfer of development rights.

2. The record owner of property within the TDR-S overlay zone shall file with the city a determination of eligibility application, with an associated fee, to determine the number of TDR credits available to be severed from a sending property.

3. The following information shall accompany the application for a determination of eligibility:

a. A map that includes the following:

i. The boundary map of the subject property.

ii. A legal description including the acreage of the property.

iii. Current zoning.

b. Current use of the property.

c. Title policy or title documentation.

d. Applicable fees.

e. Annexation status, if applicable.

B. The planning director shall, in accordance with the standards set forth in this chapter, determine the number of TDR credits using the following formula and rounded to the nearest whole number:

1. Where TDR means the number of transferable development rights credits:

a. “A” means the total net buildable area (acres) of the property.

b. “B” means the allowable potential units per acre on an agricultural property based on the Eagle Mountain City future land use map, infrastructure requirements for any potential development, and open space requirements.

2. For property designated as foothill residential, neighborhood residential one, neighborhood residential two, or neighborhood residential three on the future land use map, TDR = A x B.

3. For land designated as open space on the Eagle Mountain City future land use map, the per acre TDR credits shall be three. [Ord. O-59-2024 § 1 (Exh. A)].

A. The severance of development rights shall be subject to the following conditions:

1. Any proposed severance of development rights may be initiated only upon application (eligibility application) to the city by the record owners, or their agents, of the sending property. Once the determination of eligibility is completed, a TDR certificate shall be issued to the applicant. The issuance of a TDR certificate alone does not constitute a severance of development rights, and no development rights can be transferred solely on the basis of a TDR certificate.

2. The city may not require property owners to sever development rights as a condition of any development of any property.

3. A severance of development rights occurs after the owner of the sending property receives a signed TDR certificate with the number of allotted TDR credits from the city and records a deed of severance. The deed of severance must transfer development rights to one or more parties, which may include the grantor, and may, but is not required to, vest development rights to one or more receiving properties.

4. The deed of severance must be executed by the property owners of the development rights being severed, and by any lien holders of such property.

5. No deed of severance may be recorded under this chapter unless the deed of severance contains a copy of the TDR certificate signed by the city indicating the number of TDR credits being severed.

6. The deed of severance must contain a conservation easement, both of which shall run with the land and must assure that the prohibitions against the use and development of the sending property will bind the landowner and every successor in interest to the landowner. Such conservation easements shall include a legally binding commitment letter from the city, unless the city declines to manage the sending property in which case the commitment letter shall be from a nonprofit or local land trust.

7. The deed of severance and conservation easement shall be recorded in the office of the Utah County recorder. Upon recordation of the deed of severance:

a. The TDR credits are severed from the sending property.

b. The conservation easement shall be in compliance with the permitted uses in the transfer of development rights sending overlay. [Ord. O-59-2024 § 1 (Exh. A)].

A. Permitted uses in receiving areas are limited to those uses which are permitted in the underlying zoning districts or as modified below.

B. For permitted uses that include written additional standards, such standards shall still apply to the TDR program.

C. Receiving Area Qualifications.

1. A property owner may apply to have their property be designated as a receiving area and rezoned to receive the transfer of development rights receiving (“TDR-R”) overlay zone through the city’s rezoning process set forth in Chapter 17.90 EMMC.

2. Upon rezone receiving areas shall be designated on the official zoning map of Eagle Mountain City and shall function as overlay zones, such that all the provisions of the underlying zone shall apply, unless altered by the provisions of the overlay.

3. Where a property is partially contained within a receiving area, only the portion of the property contained within the receiving area may be used for the purposes of applying transferable development rights credits (“TDR credits”).

4. When considering whether to rezone a property within the TDR-R overlay zone, the planning commission and city council, in accordance within the city code, shall consider the ability of the property, utilities, nearby roadway networks, transportation system capacities and options, and other land use characteristics to accommodate additional density on the property.

5. A receiving property that brings TDR credits to their property may only use the development rights permitted in accordance with the existing zoning regulations applicable to the receiving property and as shown in the table below:

6. The city shall require one TDR credit per every half-acre of receiving property. [Ord. O-59-2024 § 1 (Exh. A)].

This chapter contains land use provisions that regulate the development of outdoor shooting ranges on properties appropriately zoned. [Ord. O-04-2022 § 2 (Exh. A)].

The purpose of the outdoor shooting range overlay zone is to provide for the locational control and safety standards for outdoor shooting ranges, and to provide proper buffering and protection for neighboring development and uses. [Ord. O-04-2022 § 2 (Exh. A)].

In addition to meeting the rezoning requirements in Chapter 17.90 EMMC, the following criteria shall be considered when evaluating proposed rezones to the outdoor shooting range overlay zone:

A. Proximity to Residential. Applicant shall provide proof that proposal is not located too close to residential development and that the proposed use may be safely accomplished on site without putting neighboring developments in danger.

B. Property Size. Properties shall generally be at least 10 acres in size; however, the city council may consider mitigating factors in approving the rezone on a smaller parcel.

C. Underlaying Zoning. The outdoor shooting range overlay zone shall only be considered on lots with the following underlaying zoning:

1. Agriculture.

2. Industrial.

3. Open space – natural. [Ord. O-04-2022 § 2 (Exh. A)].

A. Liability. Range operator/owner assumes all liability for the operation of outdoor shooting ranges.

B. Access to the facility shall be from a public right-of-way or road.

C. The applicant shall submit a plan of operations for the shooting range, including all ancillary uses and activities. Such plan shall include a health and safety plan that addresses the safety and security of patrons, guests, staff, and persons on adjacent parcels or lots of land.

D. Applicant shall provide documentation to demonstrate that such facility has been designed, and shall be operated, to contain, on-site, all projectiles and debris caused by firing ammunition.

E. Food services, as well as groceries, sporting goods, merchandise, guns, and ammunition shall only be provided or sold to patrons, guests, staff, or operators of the facility.

F. Outdoor shooting ranges may be exempted from commercial design standards by the city council.

G. Outdoor shooting ranges shall not be located within one-quarter of a mile of the wildlife corridor. [Ord. O-04-2022 § 2 (Exh. A)].

A. The range shall conform to all federal, state, and industry regulations and standards for health and safety.

B. Material and construction shall be designed and certified to capture all fired rounds.

C. No ammunition shall be permitted to be fired that exceeds the certified design specifications of the range.

D. No alcoholic beverages shall be sold, consumed, or permitted on the premises.

E. A written log of all range users shall be maintained by the range operator.

F. Minors shall not be permitted on the shooting range unless accompanied by a responsible adult at all times, and at no time shall a child under the age of eight be permitted to discharge or handle firearms on the shooting range.

G. On-site supervision and monitoring shall be provided by the range operator/owner.

H. Applicant shall submit a fire mitigation and safety plan.

I. Use of exploding incendiary targets (such as Tannerite) is discouraged. [Ord. O-04-2022 § 2 (Exh. A)].

In addition to the above an outdoor shooting range may include the following components:

A. A retail component for the sale (and on-site rental) of firearms, ammunition and other accessories related to firearms. Such facility shall comply with all licensing and operation requirements of the Federal Bureau of Alcohol, Tobacco and Firearms (ATF), state agencies, and other regulator organizations.

B. Classroom facilities to be used for community education, public forums, and seminars on gun safety and use.

C. Restaurant or dining component.

D. Event facilities.

E. Office, gathering/event spaces, restrooms.

F. Shooting platforms.

G. Storage structures.

H. Outdoor shooting ranges shall be permitted to reclaim brass, copper, steel, lead and other materials commonly associated with shooting. [Ord. O-04-2022 § 2 (Exh. A)].

The regional technology and industry (RTI) overlay zone is intended to provide for the development and operation of large-scale technological, clean industrial, and high-tech manufacturing uses that will increase the tax base and/or provide jobs for the city’s residents. The standards and processes of the base or underlying zone shall be applicable unless modified or replaced by this overlay zone. [Ord. O-16-2022 § 2 (Exh. A); Ord. O-25-2019 § 2 (Exh. A); Ord. O-17-2018 § 2 (Exh. A); Ord. O-10-2017 § 2 (Exh. A)].

Projects that will include a minimum of 100 or more permanent jobs at an average hourly wage (the average wage of all combined full-time employees) that is equal to or greater than Utah County’s average hourly wage (as listed by the Utah Department of Workforce Services) after construction or that include a minimum of 100,000 square feet of building floor area in a building or buildings within a single phase of development. Projects that meet this requirement shall follow the special approval process outlined below. All other projects shall follow the approval process outlined in Chapter 17.100 EMMC and other applicable chapters. The regional technology and industry overlay zone special approval process shall be as follows:

A. Development Agreement. In order to qualify for the RTI site plan approval process, a development agreement approved by the city council is required.

B. RTI Site Plan Application. Following approval of a development agreement, project applicants shall submit a complete RTI site plan application (required) and a final plat application (if subdividing property as part of the project).

C. Development Review Committee (DRC) Review. Upon receipt of a complete application, the DRC shall review all aspects of the application and provide the applicant with initial required changes within five business days. The DRC shall provide feedback or a final decision within five business days of each submittal or resubmittal, and may approve the application with conditions to be completed during construction or require resubmittal with changes prior to approval.

1. The DRC is chaired by the planning director, or his/her designee, and includes, at a minimum, the city attorney, the department heads or an assigned representative from public utilities, engineering, community development, and a representative of Unified Fire Authority. The city council member that is appointed as the board liaison to the DRC will serve as DRC liaison for projects within the RTI overlay zone. The planning director shall have authority to issue decisions or approvals on behalf of the DRC after consulting with the DRC members.

D. Grading and Excavation. A permit for grading and excavation may be issued, at the applicant’s risk, prior to site plan approval by the DRC.

E. Approval Authority. RTI site plans and final plats are administrative applications, and the DRC has final approval authority for RTI applications. No public hearings are required. [Ord. O-16-2022 § 2 (Exh. A); Ord. O-25-2019 § 2 (Exh. A); Ord. O-17-2018 § 2 (Exh. A); Ord. O-10-2017 § 2 (Exh. A). Formerly 17.48.030].

The land use table below identifies various land uses that are permitted or special uses in the regional technology and industry overlay zone. Uses that are not listed in the table are prohibited.

P = Permitted (Permitted uses may still require approval through an application process as detailed in this chapter and other chapters)

S = Special (Special uses are permitted as long as they comply with the standards listed in Chapter 17.75 EMMC that are specific to that type of use)

Blank = Prohibited

[Ord. O-13-2025 § 1 (Exh. A); Ord. O-16-2022 § 2 (Exh. A); Ord. O-25-2019 § 2 (Exh. A); Ord. O-17-2018 § 2 (Exh. A); Ord. O-10-2017 § 2 (Exh. A). Formerly 17.48.040].

Any use that produces gas, smoke, odor, dust, vibration of earth, or soot that in the opinion of the city council will negatively impact commercial or residential areas that are currently existing or that are proposed in the city’s general plan. Uses included as allowed uses in EMMC 17.48.030 may be prohibited by the city council if they have reasonably determined that the use will have a significant impact on the city’s utilities or infrastructure, and after being given an opportunity to propose reasonable mitigation measures that adequately address such impact. [Ord. O-16-2022 § 2 (Exh. A); Ord. O-25-2019 § 2 (Exh. A); Ord. O-17-2018 § 2 (Exh. A); Ord. O-10-2017 § 2 (Exh. A). Formerly 17.48.050].

Temporary concrete batch plants, materials processing equipment, and other similar temporary uses may be approved by the DRC as part of the RTI site plan approval if the batch plant or materials processing is located at least one-half mile (2,640 feet) from any existing residence or residential lot within an approved residential subdivision. The temporary uses will only be allowed during active construction of the site and construction of buildings with an active building permit, and only to provide materials for use on the property or for off-site public or private improvements related to the construction on the property. The DRC may impose conditions or restrictions on the batch plant or materials processing to protect the health, safety, and welfare of the public. Temporary uses that are no longer necessary for the construction of the project or associated infrastructure will be required to be removed within a reasonable time frame following notification, considering the scale and complexity of the temporary use. [Ord. O-16-2022 § 2 (Exh. A); Ord. O-25-2019 § 2 (Exh. A); Ord. O-17-2018 § 2 (Exh. A). Formerly 17.48.060].

All buildings in this zone, including accessory buildings, are required to comply with the setback provisions in the underlying zone, unless minor modifications to setbacks are determined by the DRC to be reasonable, based upon the specific use and potential impacts to neighboring properties. [Ord. O-16-2022 § 2 (Exh. A); Ord. O-25-2019 § 2 (Exh. A); Ord. O-17-2018 § 2 (Exh. A); Ord. O-10-2017 § 2 (Exh. A). Formerly 17.48.070].

Permitted building height is five stories or approximately 50 feet. The DRC may approve any building height that is reasonable based upon the specific use, the business needs, and potential impacts to neighboring properties (mainly access to sunlight). [Ord. O-16-2022 § 2 (Exh. A); Ord. O-25-2019 § 2 (Exh. A); Ord. O-17-2018 § 2 (Exh. A); Ord. O-10-2017 § 2 (Exh. A). Formerly 17.48.080].

The base zoning or underlying zoning shall be applicable, unless modified or replaced as follows:

A. Buildings must comply with the architectural standards found in EMMC 17.48.100.

B. Public roads that are on the city’s master transportation plan must be improved to the level of standard designated on that plan (major arterial, minor arterial, major collector, minor collector, etc.).

C. Public roads within projects must comply, at a minimum, with the city’s industrial street standard.

D. Front parking lots and driveway entrances shall be asphalt or concrete in accordance with city standards. Equipment and rear parking areas may be graveled. Parking shall be provided in accordance with Chapter 17.55 EMMC. An alternative parking plan may be approved by the DRC based upon information provided by the applicant relative to trip generation, hours of operation, shared parking, peak demands, and other applicable information.

E. Outdoor storage areas do not need to comply with city landscaping requirements if they comply with EMMC 17.48.090. [Ord. O-16-2022 § 2 (Exh. A); Ord. O-25-2019 § 2 (Exh. A); Ord. O-17-2018 § 2 (Exh. A); Ord. O-10-2017 § 2 (Exh. A). Formerly 17.48.090].

Development within this overlay zone by its nature and intensity may not be compatible with other uses or zones. Proper screening techniques should be used to mitigate potential negative impacts to surrounding land uses. The following shall be applicable:

A. Walls or fences as defined in EMMC 17.60.110(B) shall be required adjacent to residential zones. Such fencing or walls may also be required around the entire perimeter of large-scale industrial or technological parks, depending on the type of development and the surrounding uses.

B. A 20-foot landscaped buffer (water-wise landscaping with a mix of trees and shrubs) shall be required adjacent to residential zones and along all roads. Landscaping is not required behind walls or where it is not visible from a street.

C. All lighting shall be compliant with Chapter 17.56 EMMC, Outdoor Lighting Standards. Street lights shall be required in accordance with EMMC 15.10.390. [Ord. O-16-2022 § 2 (Exh. A); Ord. O-25-2019 § 2 (Exh. A); Ord. O-17-2018 § 2 (Exh. A); Ord. O-10-2017 § 2 (Exh. A). Formerly 17.48.100].

The following standards are intended to provide details regarding the facade appearance of structures located within the RTI overlay zone.

A. Buildings shall maintain a contemporary appearance.

1. Architecture of industrial buildings where size predominates over artistic detailing shall feature clean lines and elements, vertical and horizontal articulation or modulation (stepping portions of the facade), and use of textures and materials to reduce the apparent scale of large building walls.

2. Professional office buildings shall meet the commercial design standards found in Chapter 17.72 EMMC.

3. Where more than one structure is built in a complex or unit, structures shall have a similar style or theme, including colors, materials, and design elements.

4. Pedestrian-scaled architectural details are not required except for facades directly facing residential zones and/or main entryways to the project.

5. The main pedestrian or customer entrance shall be clearly identifiable and consist of a sheltering element such as a porch, stoop, awning, arcade, or portico.

6. Buildings shall include facade articulation/modulation (stepping portions of the facade) and horizontal and vertical divisions (textures or materials) to avoid large, featureless and/or panelized surfaces on buildings. Large uninterrupted expanses of a building wall without facade modulation or divisions are prohibited.

B. Architectural features should be simple with careful attention given to concentrate details and fenestration along main street elevations and at building entries.

C. It is recognized that the function and use of particularly large buildings and buildings used for manufacturing and warehousing purposes will dictate the style and general appearance of the structure. In these cases, strict adherence to the provisions of this chapter may not be advisable or possible. In such cases where the exterior style, color, or materials are critical to the function and use of the building, the DRC may approve building elevations that generally comply with these architectural standards but contain some modifications that accommodate the business-critical function and use. [Ord. O-16-2022 § 2 (Exh. A); Ord. O-25-2019 § 2 (Exh. A); Ord. O-17-2018 § 2 (Exh. A); Ord. O-10-2017 § 2 (Exh. A). Formerly 17.48.110].

Repealed by Ord. O-36-2023. [Ord. O-16-2022 § 2 (Exh. A); Ord. O-25-2019 § 2 (Exh. A); Ord. O-17-2018 § 2 (Exh. A); Ord. O-10-2017 § 2 (Exh. A). Formerly 17.48.120].

This chapter allows for the creation of wildlife corridor overlay zones within Eagle Mountain City and creates regulations and protections from development which may adversely impact wildlife and their habitat. This chapter does not change the underlying zoning, but establishes standards, requirements, and procedures for areas where an existing zone and the wildlife corridor overlay zone overlap.

This chapter provides support for and methods by which to preserve wildlife, wildlife habitats, and wildlife migration routes, especially the critical mule deer migration corridor, in and through Eagle Mountain City. This preservation of wildlife habitat and open space is a key strategy identified in the Eagle Mountain City “general plan parks, trails, and open space master plan,” and the “transportation master plan.” Wildlife corridor overlay zones provide a means to reduce the continuing wildlife habitat loss and fragmentation of wildlife habitat and migration routes for native and migrating species, while simultaneously accommodating appropriate improvements to these areas.

Wildlife corridors safeguard and connect wildlife habitats, allowing for movement, migration, foraging, breeding, dispersal of flora and fauna, and connectivity of their habitat. Fragmentation and habitat loss from development and other anthropogenic disturbances, such as roads, structures, excessive noise, and/or excessive movements, can alter daily movement patterns of wildlife, often leading to increased human-wildlife conflict. Preservation of these corridors, along with fencing and safe crossings, will also help to reduce human-wildlife conflict.

By supporting wildlife in the region, wildlife corridor overlay zones may also provide for recreational opportunities, open space preservation, potential tourism, and education for students and residents. [Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A)].

“Agricultural activities” refer to an activity within a wildlife corridor overlay zone involving farming (raising crops) or ranching (raising livestock). Agricultural activities do not allow for the construction of barns, loafing sheds, greenhouses, or other buildings.

“Anthropogenic” refers to things that have been caused or produced by human activities.

“Connectivity of habitats” refers to how and to what degree distinct patches of habitat are connected to each other, which can influence species preservation and movement.

“Conservation nonprofit organization” refers to a private organization operating under Section 501(c)(3) of the U.S. Internal Revenue Code with the primary purpose of preserving and protecting land in its natural, scenic, historical, recreational, or open space condition.

“Coverage” refers to a raster over a vector layer in a geographic information system (GIS) database that may contain objects such as points, lines, and polygons.

“Critical mule deer migration corridor” refers to Eagle Mountain City’s mule deer migration corridor, and is part of the Utah Wildlife Migration Initiative (Utah Wildlife Migration Initiative-Eagle Mountain). The critical mule deer migration route was established in 2021 by Eagle Mountain City council with data provided by the Utah Division of Wildlife Resources (UDWR). The critical mule deer migration corridor is a vital wildlife corridor subject to additional protections, standards, and regulations, and every effort shall be made to achieve the 330-foot minimum width.

“Development” refers to any practice or activity within a wildlife corridor overlay zone, excluding normal agricultural activities, which changes the basic character and/or function of the landscape, including but not limited to construction, reconstruction, conversion, installation, structural alteration, relocation, mining, excavation, landfill, or land disturbance.

“Fauna” refers to all the animal life in a particular region and/or during a specific time. The words “wildlife” and “fauna” are interchangeable in this chapter.

“Flora” refers to all the plant life in a particular region and/or during a specific time.

“Fragmentation” refers to dividing large and contiguous habitats into smaller, isolated ones. This process directly impacts all flora/fauna species, community structure, and the overall ecosystem within those isolated fragments.

“Home range” refers to the geographic area where fauna spend their lifetime, including where all their resources needed to survive and reproduce are readily available.

“Landscape” refers to the relationships between ecological processes in the environment and a particular ecosystem across a given area and time.

“Motorized machine” refers to any machine, vehicle, or equipment that uses or is activated by any power source, excluding Class 1 eBikes.

“Mule deer migration season” refers to when the mule deer migrate between their winter and summer ranges. The Utah Division of Wildlife Resources defines this season based on the best available science. Mule deer typically migrate through Eagle Mountain City biannually between March 15th and April 30th, and between December 1st and January 15th.

“Natural surface trails” refers to trails where the predominant surface is the native substrate, and the trail is designed and managed. These are also referred to as dirt trails.

“Natural wash” refers to a dry creek bed where water can flow upon sufficient moisture through the creek. These often have narrow and steep sides marking the course of a fast-moving stream. Washes typically have flowing water during normal spring runoff and/or rainstorms.

“Nesting season” refers to the period of the year in which birds are building nests and raising young, generally from March 15th through July 31st. The phrase includes any nesting period for documented bird species within a wildlife overlay zone.

“Riparian” refers to semiterrestrial/semiaquatic transition areas influenced by fresh water. These usually extend from the edges of water bodies to the edges of upland communities.

“Sensitive areas” refer to areas that include migration routes, nesting grounds/boxes, natural wash, recently planted/seeded or seedlings, habitat improvements, and other regions deemed sensitive by Eagle Mountain City, Utah DWR, or other public land management agencies.

“Special use permit” refers to a legal document such as a permit, term permit, lease, or easement allowing occupancy, use, rights, or land privileges. Authorization is granted for a specific land use for a specified time.

“Wildlife” refers to wild animals and vegetation, especially animals living in a natural, undomesticated state.

“Wildlife corridor” refers to an area or areas designed to move wildlife safely across the landscape. Wildlife corridors are often called habitat corridors, migration routes, or green corridors. These are areas of habitat connecting wildlife populations.

“Wildlife crossing structure” refers to a structure such as a culvert, bridge, or underpass that could contain features that enhance its suitability for use by wildlife to safely cross human-made barriers such as roads or highways. Examples of such features include the presence of vegetation providing cover or habitat near the entrances and/or natural light visible at the opposite entrance.

“Wildlife habitat” refers to the combination of food, water, shelter, and space arranged to meet the needs of wildlife.

“Wildlife impermeable fencing” refers to a seven-foot or taller fence or wall, other than a retaining wall, that prevents various species of wildlife from freely passing through.

“Wildlife migration route” refers to the geographic path along which wildlife typically migrate.

“Wildlife permeable fencing” refers to a wildlife-friendly fence visible to ungulates and birds, which allows wildlife to jump over or crawl under safely, and provides wildlife access to essential habitats and travel corridors. [Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A). Formerly 17.49.040].

Wildlife corridor overlay zones shall be approved by the city council in accordance with the rezone process outlined in EMMC 17.90.050, shall be digitized in GIS, and shall be housed on a server by Eagle Mountain City. This GIS data shall be updated as new wildlife corridor overlay zones are created or amended. These shall be included in the city’s official digital zoning map, which shall be available to the public and be maintained by city staff. A new or amended wildlife corridor overlay zone shall include one or more of the following:

A. Essential wildlife corridors, wildlife habitat, and/or landscape linkages.

B. Areas identified using scientific data by city officials, county officials, state officials, nongovernmental organizations, and/or federal agencies that can show seasonal habitat use within the home range of an individual species.

C. Wildlife habitat areas used by species that are unique, rare, threatened, endangered, or otherwise deemed to be of significance to Eagle Mountain City; a listed species and/or critical habitat designation by the U.S. Fish and Wildlife Service; or a species and/or habitat of special concern to the Utah DWR, the Bureau of Land Management, and/or other government agencies.

D. Natural geographic or topological areas such as gulches, washes, riparian areas, drainages, ridge tops, or other significant habitats are used to connect, link, and/or safeguard habitats. These may include watering areas and/or microhabitats such as natural riparian areas or traditional/historic nesting locations. [Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A)].

A. Partial Coverage. If a portion of a property is located within the wildlife corridor overlay zone, the standards, requirements, and procedure of this chapter shall only apply to the portion of the property that is located inside the wildlife corridor overlay zone.

B. Corridor Width. The recommended minimum width for a wildlife corridor overlay zone used by large mammals (pronghorn or bigger) is a recommended minimum width of 330 feet wide. The United States Department of Agriculture National Agroforestry Center, the U.S. Forest Service, and the Natural Resources Conservation Service utilized over 1,400 peer-reviewed research publications to determine the necessary width for large mammals. Wherever possible, the city shall make every effort to safeguard the 330-foot minimum width within the critical mule deer migration corridor. Road crossings and other constrained areas such as topographical barriers, existing developments, and infrastructure such as roads, highways, or essential public service facilities may require a reduced width for short distances.

C. Natural Wash. When applying the wildlife corridor overlay zone to any linear features such as a wash, stream, gulch, or creek, as recorded on the United States Geological Survey 1:24,000 topographic maps, a 75-foot buffer on both sides of the wash shall be required. This 75-foot buffer shall be determined by measuring/surveying from the bottom of the wash. The best available scientific methods will be used to determine where the bottom of the wash is geographically located. This will be determined by a qualified hydrological engineer or qualified city staff. This 75-foot buffer shall be clearly marked either by the developer, city, or property owner. These points/lines shall be surveyed, and the location data shall be housed on an Eagle Mountain City server in their zoning or open space GIS database. Existing master development agreements and plat maps previously approved by the city council before this chapter existed are excluded from this requirement. This setback adds an additional layer of protection to:

1. Minimize erosion;

2. Prevent property loss;

3. Discourage property owners from building on highly erodible soils;

4. Help with bank stabilization;

5. Prevent or minimize water pollution; and

6. Protect sensitive flora, fauna, and sensitive habitat (see map below).

[Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A)].

The land use regulations shall be those of the underlying zoning with which the wildlife corridor overlay zone is combined, unless modified by the overlay zone. [Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A). Formerly 17.49.050].

Where any provision of federal, state, county, or city statutes, codes, or laws conflicts with any provision of this chapter, the most restrictive shall govern, unless enforcement will result in a violation of the federal, state, county, or city statutes, codes, or laws. [Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A). Formerly 17.49.060].

A. The following standards and regulations shall be employed to ensure the resources comprising the wildlife corridor overlay zones are impacted to the least possible extent. The standards ensure that the landscape will remain connected, and the resources can function in a natural state. The following applies to all subsections of this section:

1. The city’s wildlife biologist/environmental planner’s opinion shall be weighted heavily with any development in the wildlife corridor overlay zone. If this person is not available, the city shall seek outside opinions from federal agencies, state agencies, and/or from an environmental consulting firm that has a local wildlife biologist on staff. Additionally, the city may seek opinions from local conservation experts.

2. All development and building applications will include a georeferenced coverage of any proposed disturbed vegetation within a wildlife corridor overlay zone.

3. Altered, disturbed, or destroyed wildlife habitat or public trails or amenities within a wildlife corridor overlay zone due to development activities shall be restored to pre-development conditions.

4. No development shall occur in the critical mule deer migration corridor, except for safety mitigating measures and outdoor recreational amenities, if the approval authority believes the amenity is in the public’s best interest and will not significantly impact wildlife and the surrounding habitat. Where possible, the public amenity will be placed on the corridor’s outer border to minimize the destruction of habitat and human-wildlife conflicts.

These standards and regulations are applicable to all development activities that occur within a wildlife corridor overlay zone:

B. Open Space Credit/Density Transfer.

1. The developer may be awarded amenity points toward the requirements of EMMC 16.35.105 for public trails, observation structures, and other passive recreation improvements built within the wildlife corridor overlay zone, as approved by the city.

2. The developer may be granted credit for improved open space areas for significant buildable property made unbuildable by this wildlife corridor overlay zone, as approved on a case-by-case basis by the approval authority.

3. The approval authority, at its discretion, can permit the transfer of densities that would have been located on buildable property inside a wildlife corridor to a more suitable location within the same master development plan (MDP) or project. The overall density of the MDP or individual planning area cannot exceed the original entitlement.

4. The city may utilize other tools to aid in the application of the wildlife corridor overlay zone on a property, as approved on a case-by-case basis by the approval authority.

C. Fragmentation. To avoid fragmentation of a wildlife corridor overlay zone, any development shall be designed and planned to maintain ecological functions and the connection of contiguous habitats to protect critical resources and species preservation. Any obstructions within the wildlife corridor overlay zone created by development, other than approved roadways, outdoor recreational public amenities which do not significantly impact wildlife and their habitat, underground utility lines, or safety mitigating measures, are not permitted.

D. Construction Period. No construction or development within a wildlife corridor overlay zone shall occur during the mule deer migration or bird nesting season (see EMMC 17.49.015, the Migratory Bird Treaty Act, and the Eagle Protection Act) to minimize disturbances of ecologically important events.

E. Vegetation and Revegetation. Desirable vegetation shall be retained and protected wherever possible. An approved seed mix and a list of desirable shrubs, plants, and trees shall be maintained by the parks and recreation director and used to revegetate any disturbed area within a wildlife corridor overlay zone.

1. Property historically used for agricultural activities is exempt from this requirement, unless the landowner grants the city or another organization permission to restore the land to an acceptable wildlife habitat.

F. Underground Utility Construction. The construction of underground utility lines involving installation, maintenance or repair shall be subject to the following criteria:

1. Trenches no longer than half the width of the wildlife corridor, and not to exceed 165 feet wide, are to be opened at one time.

2. Wherever possible, trenches will not remain open for more than 72 hours.

3. During periods when active construction is not occurring, trenches shall be covered to prevent wildlife access, surrounded by temporary wildlife impermeable fencing, or include escape ramps with slopes of 45 percent or less at either end of the trench.

4. Excavated material is to be placed on the uphill side of trenches, whenever possible.

5. Trench dewatering devices shall discharge in a manner which will not adversely affect flowing streams, drainage systems, or off-site property.

Disturbed areas are to be revegetated with city-approved grasses, shrubs, and trees.

G. Fencing and Walls.

1. All fencing located within the wildlife corridor overlay zone needs city council approval after receiving recommendations from the city’s wildlife biologist/environmental planner.

2. Wildlife impermeable fencing is not permitted within the wildlife corridor overlay zone unless it is necessary to mitigate human-wildlife conflicts and public safety. Wildlife impermeable fencing must follow the following criteria:

a. A fence or wall, other than a retaining wall, greater than or equal to seven feet above grade shall be installed. A seven-foot field wire mesh fence is the preferred method of fencing in residential areas.

b. The wildlife impermeable fencing shall safely and effectively prohibit fauna from traversing the landscape on the other side of the fence. Depending on the type of targeted species, some areas shall require wire to be buried below grade.

3. Wildlife permeable fencing for agricultural purposes that permits wildlife movement through the wildlife corridor is allowed if approved by the planning director. The following standards shall apply:

a. If the planning director determines that the fencing meets the standards found in the Natural Resources Conservation Service (NRCS) “Wildlife Friendly Fencing” guidelines, these guidelines shall be followed. Existing fencing used for agricultural purposes is exempt from these requirements.

b. The planning director shall approve any other fencing practices employed that the landowner could demonstrate would allow wildlife to move freely through the corridor.

4. All other fences or walls are prohibited unless otherwise approved by the city.

H. Natural Surface Trails.

1. Natural surface trails are permitted within the wildlife corridor overlay zone to provide public use, access, and education; however, they must mitigate any negative impact on wildlife and habitat as best as possible.

2. These trails may include the trail itself, trail facilities such as trailheads, trailhead parking, restrooms, and pavilions so long as these features do not impede wildlife movements or disturb, obstruct, or fragment habitat.

3. After receiving a recommendation from the city’s wildlife biologist/environmental planner, the city’s approval authority shall decide whether a natural surface trail or trail facility should be located within a wildlife corridor overlay zone. If a natural surface trail or trail facility is approved within the wildlife corridor overlay zone, the trail or trail facility should be located along its perimeter, where possible.

I. Wildlife Crossing Structures. To aid in wildlife access and movement through the corridor, wildlife crossing structures are permitted and encouraged over and under roads and highways. When installing any wildlife crossing structures, devices, or technologies, minimum standards from the Federal Highway Administration’s Wildlife Crossing Structure Handbook shall be followed.

J. Public Use. Wildlife crossing structures may include natural surface trails or paths for the public if they do not negatively impact wildlife from using the crossing. Public uses may be seasonally restricted due to migrating wildlife and on occasion to avoid human-wildlife conflicts.

K. Feasibility. In situations where a wildlife crossing structure over or under a road is not possible, an alternative at-grade wildlife crossing is acceptable.

L. At-Grade Crossings. The preferred at-grade wildlife crossing is a combination of impermeable wildlife fencing on both sides of the opening, and an advanced animal detection system located in the wildlife crossing, alerting drivers of possible animals crossing. At a minimum, wildlife impermeable fencing or an advanced animal detection system shall be installed. When installing an at-grade crossing, the following design criteria should be included:

M. Light Pollution. Lighting is prohibited within a wildlife corridor overlay zone, unless approved by the city for safety reasons after receiving a recommendation from the city’s wildlife biologist/environmental planner. If lighting is deemed necessary for safety reasons, the following requirements must be met in addition to complying with Chapter 17.56 EMMC, Outdoor Lighting Standards:

1. Any outdoor lighting used in a wildlife corridor overlay zone shall be designed to mitigate the adverse effects on wildlife, and not attract insects by limiting the color temperature and brightness.

a. The color temperature should not exceed 3,000 Kelvin.

b. The light output of individual fixtures should not exceed 850 lumens.

c. Lighting for outdoor recreational facilities shall not be mounted any higher than 15 feet above the ground.

2. The following items are exempt from the above requirements:

a. When working on approved wildlife corridor projects, lighting is permissible during active construction hours, but shall be turned off from 10:00 p.m. through 6:00 a.m.

b. The lighting of communication facilities should not exceed the minimum requirements established by the Federal Aviation Administration. [Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A). Formerly 17.49.070].

Land adjacent to the overlay district is encouraged to be developed with the following considerations:

A. Consultation. Property owners and developers of land adjacent to the wildlife corridor overlay zone are encouraged to consult with the city wildlife biologist/environmental planner, an environmental consulting firm, or other qualified wildlife biologist for guidance on appropriate development adjacent to the corridor.

B. Light Pollution. In addition to compliance with Chapter 17.56 EMMC, Outdoor Lighting Standards, properties adjacent to the wildlife corridor overlay zone are encouraged to consider the following:

1. Color and Brightness. Outdoor lighting should use lighting that does not affect wildlife or attract insects by limiting the color temperature and brightness:

a. Color temperature should not exceed 3,000 Kelvin.

b. Light output of individual fixtures should not exceed 850 lumens.

2. Outdoor Recreation Lighting. Lighting for outdoor recreational facilities directly adjacent to the overlay zone is recommended to be mounted no higher than 15 feet above the ground.

3. Exceptions. The following items are exempt from these recommendations:

a. Temporary lighting for construction. Permissible during construction hours but shall be turned off otherwise.

b. Temporary emergency lighting.

c. Wireless communication facilities. Lighting should not exceed the minimum requirements established by the Federal Aviation Administration.

C. Construction Near a Wildlife Corridor. No construction or development within 90 feet of the critical mule deer migration route of a wildlife corridor overlay zone shall occur during the mule deer migration and bird nesting season (see EMMC 17.49.015, the Migratory Bird Treaty Act, and the Eagle Protection Act) to minimize disturbances of ecologically important events. After receiving recommendations from the city wildlife biologist/environmental planner, the city council may consider requests for a variance to the distance requirement listed in this subsection.

D. Vegetation. Developers are encouraged to integrate city-approved grasses, forbs, shrubs, and trees into their landscape plan. [Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A). Formerly 17.49.080].

A. Conservation and Stewardship. Land within the wildlife corridor overlay zone may be further protected using any of the three methods listed here.

1. Dedication for Public Use. The land may be dedicated to Eagle Mountain City or to an accredited land trust organization that holds easements on land in Utah. A list of accredited Utah land trust organizations can be found here: Accredited land trust organizations in Utah.

2. Private Land Conservation. Any private land, whole or a portion thereof, may apply for a conservation easement on that land and would be the preferred method of conservation. The easement may be held by Eagle Mountain City, a public agency that currently holds conservation easements, or an accredited land trust organization that preserves land in Utah.

3. Homeowners’ Association. Every preliminary plan that includes natural or improved open space within a development within a wildlife corridor overlay zone shall be accompanied by:

a. A conservation easement or deed restrictions which protect that portion of the development as open space; and

b. Covenants, conditions, and restrictions (CC&Rs) for a homeowners’ association in which all lot owners shall be members. The CC&Rs will include established requirements for maintaining and monitoring conditions of the easement or deed restrictions and preservation of natural and improved open space required by this chapter. These documents shall be recorded with the final plat, upon their approval.

B. Sensitive Areas. Sensitive areas within the overlay zone shall be protected from human activity by minimizing access into or through the sensitive areas.

C. Recreational Vehicles/Motorized Machines. No recreational vehicles (excluding Class 1 eBikes), such as off-highway vehicles (OHVs), shall be allowed in the corridor during the mule deer migration season, except for corridor maintenance and private landowner use. No new off-road vehicle trails will be constructed where the corridor is at its minimum width to minimize recreational vehicles’ negative impacts. Recreational vehicles are permitted to cross wildlife corridor overlay zones on established trails year-round, excluding seasonal closures.

D. New Roads. New roads within a wildlife corridor overlay zone shall be limited and only approved when included on the city’s transportation master plan or when no other reasonable alternatives are available for access to a development or neighborhood.

E. Off-Highway/Motorized Vehicle Trails. No new off-road vehicle trails are allowed in the critical mule deer migration corridor.

F. Seasonal Closures and/or Limited Hours. To ensure the success of a wildlife corridor overlay zone and to minimize human-wildlife conflicts, the city may temporarily close or limit the hours of operation of any public amenity, including recreational roads and trails.

G. Domesticated Animals. To ensure minimal conflicts with wildlife in areas where domesticated animals (livestock, pets) are kept within a wildlife corridor overlay zone, homeowners and/or landowners must at a minimum adhere to rules/regulations found in Chapter 6.10 EMMC, Animal Zoning Regulations. [Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A). Formerly 17.49.090].

Any person or entity violating this chapter’s rules, regulations, or ordinances shall, upon notice by a representative of the city, immediately cease all activities on the parcel until the violation has been resolved and the disturbed area has been restored to an acceptable natural state as approved by the city, after receiving a recommendation from the city wildlife biologist/environmental planner.

The violating person or entity shall consult with the city’s wildlife biologist/environmental planner and the city engineer to develop and submit a plan to bring about successful remediation and restore the disturbance or area of violation to an acceptable natural state.

If a responsible person or entity fails to submit a detailed remediation plan to the city to bring a violation into compliance as determined by the city’s wildlife biologist/environmental planner and complete the remediation work within 10 business days of service of the notice of violation, civil penalties shall be owed to the city at a rate of no more than $1,000 per day for each violation. Each day of violation shall constitute a separate violation. These fines shall be exclusively used for conservation and land stewardship purposes.

A. Measuring Civil Penalties. In assessing any monetary penalty, the city may consider:

1. The harm done to the public health or the environment;

2. Whether the penalty imposed will be a substantial economic deterrent to the illegal activity;

3. The economic benefit gained by the violator;

4. The amount of effort put forth by the violator to remedy this violation;

5. Any unusual or extraordinary enforcement costs incurred by the municipality;

6. The amount of penalty established by ordinance or resolution for specific categories of violations; and

7. Any equities of the situation that outweigh the benefit of imposing any penalty or damage assessment.

B. Recovery of Damages and Costs. In addition to the civil penalty above, the municipality may recover all damages caused by the violator to the city, which may include any reasonable expenses incurred in investigating violations of and enforcing compliance with this chapter or any other actual damages caused by the violation.

C. Other Remedies. The municipality may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.

D. Remedies Cumulative. The remedies outlined in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, of one or more of the remedies. [Ord. O-18-2024 § 1 (Exh. A)].

This chapter establishes the land use regulations for the water source protection overlay zone in Eagle Mountain City. [Ord. O-23-2005 § 3 (Exh. 1(1) § 10.1)].

The purpose and objective of this chapter is to restrict land uses in areas of the city required to be restricted for protection of ground water resources in compliance with the laws of the state of Utah, protect water sources and to comply with the Drinking Water Source Protection Rules and Regulations of the state of Utah. [Ord. O-23-2005 § 3 (Exh. 1(1) § 10.2); Ord. O-23-2004 § 1].

The following are prohibited uses and such uses that constitute pollution sources as defined under the rules of the Drinking Water Division of the state of Utah or uses that the planning director and planning commission determine to be similar or consistent with the prohibited use include but are not limited to:

A. Storage facilities that store liquid forms of hazardous substances;

B. Septic tank, and septic tank drain fields;

C. Class V underground injection wells;

D. Landfills, open dumps, land filling of sludge and septage, manure piles, salt piles, pit privies, drain lines; and

E. Animal feeding operations with more than 10 animal units. [Ord. O-23-2005 § 3 (Exh. 1(1) § 10.3); Ord. O-23-2004 § 2].

Additional and specific prohibited land uses are contained in the Drinking Water Source Protection Rules of the Drinking Water Division of the state of Utah and are incorporated herein by reference as though fully set forth herein. [Ord. O-23-2005 § 3 (Exh. 1(1) § 10.4); Ord. O-23-2004 § 3].

The purpose and objective of this chapter is to allow for large scale farming/cultivation operations within enclosed structures with reasonable separation from residential and other incompatible land uses. This overlay creates standards for warehouse farming operations, ensuring compatibility with surrounding land uses.

This overlay shall only be applied to agricultural and industrial zones as defined in Chapters 17.20 and 17.40 EMMC. This overlay shall not abut or adjoin a residential zoning district as defined in Chapter 17.25 EMMC. This overlay shall be applied to areas of the city so that development within in it under this chapter will not unreasonably negatively impact the use of land in the adjoining district(s). Preferred overlay zoning locations include those with existing agricultural or industrial uses that include similar negative impacts such as odor, noise, and traffic (e.g., a sewage treatment facility or food processing plant). The standards and processes of the base or underlying zone(s) shall be applicable unless superseded by this zone’s standards. [Ord. O-19-2020 § 2 (Exh. A)].

“Cannabis production establishment” means a person and/or facility that grows or intends to grow cannabis and holds a valid cannabis cultivation facility license issued by the state of Utah in accordance with Title 4-41a, Utah Code Annotated.

“Warehouse farm” means using indoor farming techniques and environmental control features, including but not limited to control of light, humidity, temperature, and fertigation to grow crops indoors. Also referred to as “vertical farming” and “hydroponic farming.” [Ord. O-19-2020 § 2 (Exh. A)].

In addition to the allowed uses in the underlying zone the following uses shall be allowed within the warehouse farming overlay zone as permitted uses in accordance with standards provided in EMMC 17.21.060:

A. Cannabis production establishment or cannabis cultivation facility.

B. Warehouse farm. [Ord. O-19-2020 § 2 (Exh. A)].

A. Warehouse farms are required to comply with the setback provisions in the underlying zone, unless modified setbacks are approved by the city council.

B. Cannabis Production Establishment. In addition to complying with underlying setback provisions shall also be set back a minimum of 1,000 feet from:

1. Schools (public or private);

2. Religious buildings (including churches, synagogues, mosques, and/or any other place of worship);

3. Daycares or preschools;

4. Any public or private park;

5. Any property zoned predominantly for residential uses;

6. The nearest dwelling unit (even if located within a zone not primarily for residential development).

Distances will be measured following the shortest route of ordinary pedestrian or vehicular travel. [Ord. O-19-2020 § 2 (Exh. A)].

The following standards are intended to provide detail regarding the structures located within the warehouse farming overlay zone:

A. Architectural Standards.

1. Buildings shall maintain a contemporary appearance. Architectural detailing shall feature clean lines and elements, vertical and horizontal articulation or modulation (stepping portions of the façade), and use of textures and materials to reduce the apparent scale of large building walls. Metal may be used along with other building materials.

2. Warehouse farming shall take place inside permanent structures and shall not be allowed in shipping containers (stacked or unstacked), unless located inside a larger permanent structure.

B. Building Heights. Buildings shall be no taller than 35 feet.

C. Cannabis Cultivation Standards. A cannabis production establishment shall also comply with the following standards:

1. Maintain full compliance with all state regulations;

2. Provide a single, secure public entrance;

3. Provide a security system with a backup power source that detects and records entry into the cannabis production establishment and provides notice of an unauthorized entry to law enforcement when the cannabis production establishment is closed;

4. A lock or equivalent restrictive security feature on any area where the cannabis production establishment stores cannabis or a cannabis product;

5. Outdoor signs on the building may include only the cannabis production establishment’s name and hours of operation and a green cross. Signs must also comply with all regulations in Chapter 17.80 EMMC;

6. Utilize an air filtration and ventilation system or odor mitigation technology (such as activated carbon filtration and electrostatic precipitation or negative ion generation) to appropriately mitigate odors from impacting surrounding uses. The system shall prevent odors generated from the facility from escaping onto neighboring properties, such that the odor cannot be reasonably detected by a person of normal sensitivity at the property line. [Ord. O-19-2020 § 2 (Exh. A)].

This chapter establishes the land use regulations for the equine overlay zone in Eagle Mountain City, including permitted, minimum land use standards and other development provisions. This chapter does not change the existing zoning. Landowners on these properties are required to apply for the equine overlay zone designation to run simultaneously with the existing zoning. [Ord. O-06-2008 § 2 (Exh. A § 23.1)].

The purpose and objective of this chapter is to provide a mechanism for designating areas for equestrian uses and activities not allowed by existing zoning and to address the unique requirements of horses in residential zones in a manner conducive to the public safety, health and general welfare. [Ord. O-06-2008 § 2 (Exh. A § 23.2)].

The land use regulations shall be those of the base zoning with which the equestrian overlay zone is combined, unless modified by the equestrian zone. The following permitted animal and related uses shall apply and govern where conflicts arise with other portions of the development code.

The maximum number of horses (or equine animals) on any one developed lot of one-half acre to one acre in size is two equine animals in a residential neighborhood. Foals shall not be counted towards the maximum number of horses. [Ord. O-06-2008 § 2 (Exh. A § 23.3)].

A. Site Plan. A lot site plan including boundaries of the subject parcel, as well as surrounding parcels and structures, existing and proposed buildings and structures, lot line setbacks.

B. Stables and barns shall be constructed and maintained in accordance with the city’s building codes.

C. Minimum Floor Area. A minimum 600 square feet of surface for each animal shall be provided within a corral or stable.

D. No part of any stable shall be used for human habitation.

E. Fencing is required to be designed and constructed to prevent animals from escaping and is required to be a minimum of five feet in height. [Ord. O-06-2008 § 2 (Exh. A § 23.4)].

Setbacks shall be governed by the requirements of the existing base zone except that no part of any corral or stable will be located within 35 feet from a habitable dwelling on the same lot, or 30 feet from a patio, pool or similar structure on the same lot. Uncovered stables or corrals that abut alleyways may build up to the property line and are exempt from base zone accessory structure requirements. [Ord. O-06-2008 § 2 (Exh. A § 23.5)].

The land use table below identifies various land uses that are permitted or special uses in the public facilities overlay zone. Uses that are not listed in the table are prohibited.

P = Permitted (Permitted uses may still require approval through an application process as detailed in this chapter and other chapters)

S = Special (Special uses are permitted as long as they comply with the standards listed in Chapter 17.75 EMMC that are specific to that type of use)

Blank = Prohibited

[Ord. O-13-2025 (Exh. A); Ord. O-06-2008 § 2 (Exh. A § 23.6)].

All stables and horse facilities are required to comply with health department regulations. Each property owner is responsible for the maintenance of sanitary conditions including, but not limited to, the cleaning of stables, barns, corrals, and any other areas that animals have access. The removal and disposal of manure, offal, soiled straw and other refuse is required. Animal waste shall not be allowed to accumulate, run off, or leach so as to create a nuisance or be offensive to other persons in the vicinity. Each lot and structure needs to be maintained so that there is no standing surface water allowed to accumulate within the areas where the animals are kept. [Ord. O-06-2008 § 2 (Exh. A § 23.7)].

The designation of the equine overlay zone shall not be construed as an absolute right upon submission of an application and does not require the approval body to take action based upon findings of facts. The planning commission and city council shall review and take action on the proposed designation application in accordance with the following procedure:

A. Planning Commission Public Hearing. Upon receipt of a complete application, the planning director shall schedule the application for a public hearing before the planning commission. The planning director shall cause all property owners within 600 feet of the boundaries of the proposed application area (including a minimum of at least 25 adjacent property owners and affected entities if there be any) to be notified by first class mail of the time and place of the public hearing at least 10 days prior to the planning commission meeting. The city recorder shall cause that this hearing is advertised in accordance with the requirements of any applicable state statutes. A copy of the public notice of the hearing shall also be posted in three public places (including the city offices) within the city at least 10 days prior to the hearing.

B. City Council Public Hearing. The city council, after receiving a recommendation from the planning commission, shall also conduct a public hearing. The notice requirements for this hearing are identical to the planning commission hearing. The city recorder shall cause that this hearing is advertised in accordance with the requirements of any applicable state statutes.

C. Additional Development Processes. The planning commission and city council at their discretion may require additional improvements or specific requirements as conditions of approval for the equine overlay designation. [Ord. O-06-2008 § 2 (Exh. A § 23.8)].

The following definitions apply in the equestrian (equine) overlay zone:

“Adult horse” means any horse older than 12 months.

“Arena” means an enclosed area used for entertainment and/or a building containing an arena.

“Corral” means any enclosure designed for use as an open holding area for horses for an undetermined amount of time.

“Equine animal” means resembling a horse or relating to the horse family (ponies, donkeys, llamas).

“Foal” means any offspring horse which is less than 12 months in age.

“Stable, community” means a noncommercial stable for horses, operated by and for the exclusive use of the members of a nonprofit, incorporated community organization.

“Stable, private” means an accessory building, structure or premises designed, intended or used for the keeping of horses for the exclusive use of occupants of a dwelling located on the same lot.

“Stable, public” means any premises on which horses are boarded, trained, or rented for commercial purposes.

“Stall” means a division of a stable, a compartment for a horse for shelter for reasons pertinent to the health, welfare, and daily care of each animal. [Ord. O-06-2008 § 2 (Exh. A § 23.9)].

This chapter contains land use provisions to provide for uses of property that might otherwise be undesirable due to their proximity to the odor and stigma of locating near a wastewater treatment plant. [Ord. O-21-2015 § 2 (Exh. A)].

The purpose of the Sweetwater industrial overlay zone is to provide for and allow industrial and business opportunities that will provide a buffer zone between the wastewater treatment facility and higher end businesses and industrial uses. The standards and processes of the base zoning or underlying zoning shall be applicable unless modified or replaced by this overlay zone. [Ord. O-21-2015 § 2 (Exh. A)].

The land use table below identifies various land uses that are permitted or special uses in the Sweetwater industrial overlay zone. Uses that are not listed in the table are prohibited.

P = Permitted (Permitted uses may still require approval through an application process as detailed in this chapter and other chapters)

S = Special (Special uses are permitted as long as they comply with the standards listed in Chapter 17.75 EMMC that are specific to that type of use)

Blank = Prohibited

[Ord. O-13-2025 § 1 (Exh. A); Ord. O-21-2015 § 2 (Exh. A)].

The setbacks of the base zoning or underlying zoning shall be applicable; however, the planning commission and city council may approve any setback that is reasonable based upon the specific use and potential impacts to neighboring properties. [Ord. O-21-2015 § 2 (Exh. A)].

The base zoning development standards shall be applicable, unless modified or replaced as follows:

A. Buildings must comply with the city’s commercial design standards found in EMMC 17.72.040, except that metal may be used as a primary exterior building material, and pedestrian-scaled architectural details are not required.

B. The front parking lots and driveway entrances shall be asphalted to city standards, while equipment and parking areas behind the front of a building may be graveled.

C. Rear parking or storage areas do not need to comply with city landscaping requirements.

D. Outdoor storage of equipment, used materials, and wrecked or abandoned vehicles shall be screened behind an opaque fence or wall to be out of sight of major roads. Fencing and screening of outdoor uses shall be reviewed with each individual site plan.

E. All outdoor lighting shall comply with Chapter 17.56 EMMC.

F. Parking for each site plan shall comply with Chapter 17.55 EMMC. [Ord. O-21-2015 § 2 (Exh. A)].

This chapter contains land use provisions that regulate mining and asphalt or concrete production on properties appropriately zoned. [Ord. O-08-2012 § 2 (Exh. A)].

The purpose of the extractive industries overlay zone is to provide locational control over extractive uses, to promote the reclamation of these sites, and to provide proper buffering and protection for neighboring development and uses. [Ord. O-08-2012 § 2 (Exh. A)].

In addition to the uses allowed in the base zone, the following uses are permitted as long as the applicable development standards have been met:

A. Earth products extraction;

B. Asphalt and concrete production. [Ord. O-08-2012 § 2 (Exh. A)].

The minimum lot area for this overlay zone is 10 acres. [Ord. O-08-2012 § 2 (Exh. A)].

No new extraction or mining activities are permitted within 1,000 feet of property containing existing residential development. Rock crushers, shredders, batch plants, and other equipment that produces substantial noise are only permitted more than one-quarter mile or 1,320 feet from property containing residential development. Berms and/or landscaping may be required to buffer the equipment from neighboring properties and/or public roads. Lights must be directed in a way that will limit light pollution onto adjoining properties. [Ord. O-08-2012 § 2 (Exh. A)].

An application for mining/extraction and a reclamation plan must be submitted for approval by the city engineer and planning director prior to any excavation or production work on the site, indicating how the site will be reclaimed upon completion of mining or production activities to allow for the productive and compatible reuse of the site. The reclamation plan shall include the following items of information:

A. Phasing Plan. A plan showing the phasing of the excavation.

B. Grading Plan. A grading plan showing the final topography of the site upon completion of reclamation.

C. Supplemental runoff management plan/storm water pollution prevention plan.

D. Revegetation Plan. A revegetation plan, if applicable, indicating what planting will occur to reestablish vegetation on the site.

E. Drainage Plan. A drainage plan indicating the hydrological characteristics of the site after reclamation, including the creation/modification of floodplains or natural drainage channels.

F. Traffic Study. A traffic study detailing the impact of the traffic generated by the operation on city streets.

G. Financial Analysis. A financial analysis detailing all the costs of the reclamation plan.

H. Financial Security. Financial security, in a form and amount reasonably acceptable to the city, as determined by the city engineer, to assure the implementation of the reclamation plan. The security shall be released upon completion of reclamation or rehabilitation of the site. The security shall be forfeited to the city in the event of noncompliance.

I. Reclamation shall take place on or before one year after the date of cessation of operations or one year after the last date that any earth product materials are extracted from the site.

If the Utah Division of Oil, Gas, and Mining requires a reclamation plan and financial security or bond for the project/operation, this plan and evidence of a bond may be submitted to the city in lieu of the requirements listed above. [Ord. O-08-2012 § 2 (Exh. A)].