This chapter establishes minimum standards and requirements for off-street parking stalls and landscaping and buffering of parking lots. [Ord. O-23-2005 § 3 (Exh. 1(1) § 11.1)].

The purpose of this chapter is to reduce congestion and traffic hazards on public rights-of-way by requiring adequate, functional, and effective use of off-street parking areas. This chapter also requires landscaping and buffering within these parking areas to reduce adverse impacts of headlight glare and lighting within the parking area; improve circulation within parking areas by channeling vehicles and pedestrians; provide climatic relief from broad expanses of pavement; and improve the appearance of the site and surrounding neighborhood. [Ord. O-23-2005 § 3 (Exh. 1(1) § 11.2)].

Off-street parking shall be provided according to standards noted in this chapter for all newly constructed buildings and additional parking that shall be provided for any structure or use that is expanded. [Ord. O-23-2005 § 3 (Exh. 1(1) § 11.3)].

A. Materials for Parking Areas. Parking areas shall consist of concrete, asphalt, or other impervious materials approved in the Eagle Mountain City Construction Standards and Specifications manual.

B. Maintenance of Parking Areas. Pavement, striping, landscaping, and lighting are required to be maintained in all parking areas. During times of snowfall, parking areas shall be cleared of snow as soon as is practical and possible.

C. Parking Area Access. Parking areas serving more than one structure may use a common access. Common access locations shall be based upon acceptable standard design geometry, road alignment, and traffic volumes of the surrounding public streets. All nonresidential and mixed-use structures must be designed so that vehicles are not required to back up onto the public street.

D. Lighting in Parking Areas. Parking areas shall have adequate lighting to ensure the safe circulation of automobiles and pedestrians. Such lighting shall be directed in such a way as to not be a nuisance to adjacent properties or uses. Parking lot luminaries shall be in conformance with Chapter 17.56 EMMC.

E. Location of Parking Areas. Required off-street parking areas for nonresidential uses shall:

1. Keep the closest edge of a parking lot within at least 100 feet of the main entrance to the building for which it serves.

2. Ensure that parking lot areas serving multifamily projects are spread throughout the development with sections of parking lots adjacent or near the buildings they serve. City site plan approval shall be required for lot placement.

F. Storm Water Runoff. All parking areas other than single-family and two-family dwellings shall be reviewed and approved by the city engineer for adequate drainage of storm water runoff.

G. Headlight Screen. Headlight screening is required around the perimeter of all parking areas adjacent to residential uses, or as deemed necessary by the planning director. A headlight screen shall consist of a berm, fence, wall, or landscaping consisting of at least three and one-half feet in height and capable of blocking headlight glare. Headlight screening may also be provided by buildings.

H. Parking Lot Slopes. Parking lots shall not have slopes on which vehicles park greater than five percent.

I. Service Drives. Service drives shall comply with the following design standards:

1. Service Drives in Setback Areas. Service drives shall be allowed to cross over and/or through required setback areas when they provide linkage between a parking area and a street or alley or between parking areas or properties.

2. Service Drive Width Requirements. Service drives, or sections thereof, lacking parking spaces to either side shall be at least 12 feet wide when designed to move traffic in a one-way direction and at least 20 feet wide when designed to move traffic in two ways. Where such service drives abut one or more parking stalls, the service drive shall instead be sized the same as the required back up area of the adjoining stall(s) as per Table 17.55.120(a). For example, a service drive being accessed by parking spaces oriented 90 degrees to the drive shall not be but 20 feet wide; rather, it shall be at least 24 feet wide at the point(s) where the parking stalls abut (i.e., connect into) the drive.

3. Services Drives Exceeding 150 Feet. Service drives exceeding 150 feet in length shall have a fire department turnaround at the 150-foot mark. The configuration of the turnaround shall match one of the four diagrams below (unless approved otherwise by the Fire Department), shall be configured to support 75,000 pounds GVW, shall not exceed 10 percent in grade, and, shall be surfaced per fire department requirements unless superseded by the city.

4. Service drives functioning as fire service lanes (access roads) shall be signed with 18-inch high, 12-inch wide “No Parking -- Fire Lane” signs.

Fire Turnaround Illustrations:

[Ord. O-30-2025 § 2 (Exh. A); Ord. O-46-2023 § 2 (Exh. A); Ord. O-12-2014 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 11.4)].

Plans depicting the parking areas for newly constructed buildings and expanded structures or uses shall be submitted in conjunction with a site plan for all nonresidential and multifamily residential development. All other parking plans shall show the following: the required number of stalls and aisles scaled to the correct dimensions, the correct number of handicapped accessible parking spaces, storm water drainage capabilities, lighting, landscaping, irrigation, and pedestrian walkways. Single-family dwellings may submit a plan with an application for a building permit that shows driveways and other areas to be dedicated to parking. [Ord. O-23-2005 § 3 (Exh. 1(1) § 11.5)].

The dimensions of parking stalls and aisles contained within the parking areas shall be dependent upon the orientation of stalls. Table 17.55.120(a), Dimensions for Parking Stalls and Aisles, details these standards. Any deviation from these standards must be recommended by the city engineer and approved by the planning commission. [Ord. O-23-2005 § 3 (Exh. 1(1) § 11.6)].

A. Stalls Count Toward Minimum Number Required. Handicapped parking stalls shall be provided in off-street parking areas and shall count towards fulfilling the minimum requirements for automobile parking space count.

B. Location. Handicapped parking stalls shall be located as close to a primary building entrance as practical, with access ramps available for equipment used in assisting handicapped persons.

C. Signage. A permanently affixed reflective sign and/or surface identification depicting the standard symbol for handicapped parking shall identify each handicapped parking stall as depicted below.

D. Number of Stalls. The number of handicapped parking stalls provided shall conform to the minimum requirements of the Americans with Disabilities Act (ADA) listed in Table 17.55.120(b), ADA Parking Requirements as represented in Table 17.55.120(b).

E. Dimensions of Stalls. The dimensions of standard handicapped parking stalls shall be a minimum of 10-feet wide by 18-feet deep, with an adjoining five-foot access aisle alongside the same (two handicapped parking spaces may share an access aisle between them), in accordance with ADA requirements. Van-accessible spaces shall be at least 11 feet wide with a five-foot access aisle alongside. [Ord. O-46-2023 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 11.7)].

The following requirements shall apply to all landscaping of off-street parking and drive lane areas:

A. Parking and Drive Lane Areas Adjacent to Public Streets or Private Streets. All parking and drive lane areas for nonresidential or multifamily residential uses which are adjacent to a public or private right-of-way shall have a landscaped bermed strip or planting width of not less than 10 feet placed on site and adjacent to the right-of-way line. A headlight screen or berm shall be at least three and one-half feet in height and capable of blocking headlight glare. Trees, both deciduous and/or evergreen, shall be placed in the strip with spacing of no less than 30-foot intervals or the width of the two adjacent trees’ canopy or foliage when mature. This spacing requirement is used for calculating the number of trees required to be installed along frontages and is not meant to dictate the design of the landscaping. Required street trees may be clustered so long as trees have sufficient space to grow to maturity without encroachment of other vegetation. The layout of the landscaping shall not be in close proximity to public facilities such as overhead power lines, fire hydrants, traffic control signage, etc., that would be obstructed when the vegetation reaches maturity. The following are sizes of planting standards for required landscaping that shall be followed for all new development:

1. Deciduous Trees. All deciduous trees shall have a minimum trunk size of one and one-half inches in caliper measured eight inches above the soil line.

2. Curbs. All landscaped areas abutting any paved surface shall be curbed according to the city’s construction specification.

B. Clear Sight Triangles. Clear lines of sight shall be provided at intersections by delineating triangular areas adjacent to all intersections, within which no parking, building, structure, berming, or landscaping over three feet in height above the street shall be permitted. Single-trunk trees may be planted within such areas, but only where the tree will be pruned to eliminate all branches and foliage below eight feet. Driveways, when feasible, are prohibited within the clear vision triangle of local streets.

1. Local Streets. At intersections of local streets the triangle shall be defined by drawing a line between two points that are 30 feet from the intersection along the lot (property) lines.

2. Alleys and Driveways. At intersections of alleys and driveways (this includes private driveways) the triangle shall be defined by drawing a line between two points that are 15 feet from the intersection along the lot lines (along alleys) or 15 feet from the intersection along the lot line and outer edge of the driveway.

3. Alleys or Driveways and Local Streets. At intersections of alleys or driveways (this includes private driveways) and local streets the triangle shall be defined by drawing a line between two points that are 15 feet from the intersection along the lot lines (along alleys) or driveways and 30 feet on the street side.

4. Other Streets. Larger clear sight triangles may be required by the city engineer where local streets enter arterial streets, major collector streets, or parkways.

C. Required Parking Islands.

1. Islands on Doubled Rows of Parking. On doubled rows of parking, there shall be one 36-foot-long by six-foot-wide landscaped island on each end of the parking rows, plus one 36-foot-long by six-foot-wide landscaped island to be placed at minimum of every 12 parking stalls. Measurements shall be taken from the curb wall. Each island on a doubled parking row shall include a minimum of two deciduous trees per planter having a minimum trunk size of one and one-half inches in caliper measured eight inches above the soil line. Other landscape installed in the island shall include shrubbery and an acceptable ground cover. No hard surface improvements such as concrete or asphalt are allowed within any landscape islands. Xeriscaping is encouraged in these areas.

2. Islands on Single Rows of Parking. On single rows of parking, there shall be one 18-foot-long by six-foot-wide landscaped island on each end of the parking rows, plus one 18-foot-long by six-foot-wide landscaped island to be placed at a minimum of every 12 stalls. Measurements shall be taken from the curb wall. Each island on a single parking row shall include a minimum of one deciduous tree per planter having a minimum trunk size of one and one-half inches in caliper measured eight inches above the soil line. Other landscape installed in the island shall include shrubbery and an acceptable ground cover. No hard surface improvements such as concrete or asphalt are allowed within any landscaped islands. Xeriscaping is encouraged in these areas.

3. Landscape islands may be replaced on double rows of parking with a landscape median at least six feet in width running length of the double parking row. Trees shall be planted every 30 feet and end islands shall be required.

4. Traffic Circulation. Landscaped islands at the ends of parking rows shall be placed and shaped in such a manner as to help direct traffic through the parking area. There shall be a break in parking rows at a minimum of 48 parking stalls for each double row of parking for the purpose of facilitating traffic circulation on the site.

5. Interior Landscaped Boundary Strips. Landscaping along interior property lines is not required if adjacent to the same land use. If landscaping is used along interior property lines, the landscaped boundary strip shall be a minimum of six feet in width and contain plantings that shall be at least three and one-half feet high capable of blocking headlight glare. Landscape buffer width between parcels with different land uses in contained in Table 17.60.170(a).

6. Completion of Landscaping. All landscaping improvements shall be completed in accordance with the approved site plan, landscaping plan, and irrigation plan and occur prior to the issuance of a certificate of occupancy for the associated structure(s). Exceptions may be permitted and certificates of occupancy issued where weather conditions prohibit the completion of required landscaping improvements. In such cases an extension period of six months is permitted but a bond shall be posted for not less than 110 percent of the value of the landscaping and shall be held until the requirements of this chapter are met.

7. Snow Stacking Capacity. Every parking lot design shall plan for a snow stacking area to accommodate the stacking volume of a four-inch snow base over the entire parking lot. [Ord. O-49-2023 § 2 (Exh. A); Ord. O-19-2023 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 11.8)].

Parking lots larger than 87,120 square feet shall provide raised or delineated pedestrian walkways. Walkways shall be a minimum of 10 feet wide and shall be placed through the center of the parking area and extend to the entrance of the building. Landscaped islands along the center walkway shall be placed at a minimum interval of every 30 feet. Landscaped islands are encouraged to be offset from one another to create a feeling of greater coverage. Where the developer desires to have a driveway access at the center of the parking area, a pedestrian access shall be placed on either side of the driveway. [Ord. O-23-2005 § 3 (Exh. 1(1) § 11.9)].

Up to 35 percent of the required parking for a given primary land use may be shared with other uses on a property upon approval by the city council. The developer must show an agreement granting shared parking or mutual access to the entire parking lot in perpetuity, a joint users maintenance agreement, and a professional prepared analysis showing that peak parking demand of all uses on site will not exceed the number of parking spaces provided on the property.

A. Shared Ingress and Egress. In most cases, shared parking areas shall also share ingress and egress. This requirement may be waived when the city engineer believes that shared access is not feasible. In reviewing site plans, the city engineer shall evaluate the need for limited access and the appropriate number of curb cuts, shared driveways or other facilities that will result in a safer, more efficient parking and circulation pattern on site. [Ord. O-30-2025 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 11.10)].

This section describes criteria to be used in assessing required parking. The following criteria shall be used in conjunction with Table 17.55.120(c), Required Parking by Land Use, when determining required parking for any project.

A. Gross Square Footage. When a parking requirement is based upon square footage, the assessed parking shall be based upon gross square footage of the building or use.

B. Number of Employees. When parking requirements are based upon the number of employees, parking calculations shall use the largest number of employees who work at any one shift. Where shift changes may cause substantial overcrowding of parking facilities, additional stalls may be required.

C. Multiple Uses. When a development contains multiple uses, more than one parking requirement may be applied.

D. Fraction When Calculating. Any fraction obtained when calculating the parking requirement shall be required to add one additional parking stall.

E. No Parking Standard in Table 17.55.120(c). Where no comparative land use standard for parking is found in Table 17.55.120(c), Required Parking by Land Use, the city engineer shall make a recommendation to the planning commission. The planning commission shall then determine an appropriate parking requirement.

F. Additional Information. Any information provided by the developer relative to trip generation, hours of operation, shared parking, peak demands or other information relative to parking shall be considered when evaluating parking needs.

G. Alternative Parking Requirements. Alternative parking provisions which do not fully comply with requirements may deviate from the standards contained in Table 17.55.120(c), Required Parking by Land Use, when the planning commission determines that the deviation does not impair the service level required by this chapter. [Ord. O-23-2005 § 3 (Exh. 1(1) § 11.11)].

* Two-way traffic only

** One-way traffic only

* Not required of day care/preschool operated from a residence with a home business license.

[Ord. O-34-2024 § 2 (Exh. A); Ord. O-46-2023 § 2 (Exh. A); Ord. O-05-2019 § 2 (Exh. A); Ord. O-04-2015 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) Tables 11.1 – 11.3)].

It is the purpose and intent of this chapter to balance the goals of providing efficient and practical lighting for residents and business in Eagle Mountain City, maintaining the city’s rural character, minimizing light pollution that may interfere with the enjoyment, health, safety, and welfare of Eagle Mountain City’s citizens and visitors or with the adjacent military activity, and reducing energy consumption. [Ord. O-12-2014 (Exh. A)].

All outdoor lighting and lighting fixtures shall be installed in conformance with the provisions of this chapter and the applicable building codes currently in effect in the city. [Ord. O-12-2014 (Exh. A)].

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-12-2014 (Exh. A)].

A. New Lighting. All outdoor lighting installed after the effective date of the ordinance codified in this chapter shall conform to the standards established in this chapter.

B. Existing Lighting. All lighting installed prior to the effective date of the ordinance codified in this chapter shall not be subject to the requirements of this chapter, except that any existing lighting that is directly impacted as part of a project that requires an application for an Eagle Mountain City site plan or building permit is required to be brought into conformance with this chapter. All lighting shall be upgraded to conform to this chapter prior to the issuance of certificate of occupancy or final inspection.

C. Public Roadways. This chapter does not apply to lights owned or maintained by the city, state or federal government which are within any road rights-of-way or used for traffic or safety purposes. [Ord. O-12-2014 (Exh. A)].

A. Lamp and Shielding. All permanent light fixtures are required to be full cutoff fixtures with the light source fully shielded for all uses and directed downward, including single-family and multifamily residential uses.

B. Low Pressure Sodium Lighting. Due to their high energy efficiency, long life and spectral characteristics, low pressure sodium (LPS) lamps are the preferred illumination source throughout the city. Their use is encouraged for outdoor illumination whenever it would not be detrimental to the use of the property.

C. Light Trespass Standard. All light fixtures, including security lighting, shall be aimed and shielded so that the direct illumination shall be confined to the property boundaries of the source. Particular care is to be taken to assure that the direct illumination does not fall onto or across any public or private street or road. Motion sensing light fixtures shall be fully shielded and properly adjusted, according to the manufacturer’s instructions, to turn off when detected motion ceases.

D. Total Outdoor Light Output Standards – Nonresidential and Multifamily Uses. Total outdoor light output shall not exceed 100,000 lumens per net acre for all development except single-family residential uses. This cap is not intended to be achieved in all cases or as a design goal. Instead, design goals should be the lowest levels of lumens necessary to meet the lighting requirements of the site.

E. Total Outdoor Light Output Standards – Single-Family Residential Uses. Outdoor lighting for single-family residential uses is not subject to a lumens per net acre cap, but is subject to the lamp fixture and shielding requirements.

F. Height. Any lighting fixture attached to a structure shall be placed below the eave or parapet, whichever is lower. Different height restrictions may be imposed as a condition of approval by the planning director, development review committee, or planning commission.

G. Commercial Lighting Time Limitations. All nonessential commercial exterior lighting shall only continue in operation until 11:00 p.m. or for as long as the business is open or area is in active use and shall remain off until the business reopens or until daylight the following day. [Ord. O-12-2014 (Exh. A)].

A. Parking Lot Standards. Parking lot lighting poles shall be sized in such a manner that the top of any fixture does not exceed 17 feet above adjacent grade. Parking area lights are encouraged to be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level. Low pressure sodium (LPS) lamps are encouraged. Alternatively, in industrial areas, parking lot lighting poles may be allowed to a height of 30 feet above adjacent grade provided full-cut-off light fixtures with built-in motion sensors for each pole are used. Motion sensors must reduce the light level to 50 percent when no motion is detected for 30 minutes.

B. Luminaire Mounting Height. Freestanding luminaires within a residential zone, except street lights, shall be mounted at a height no greater than 12 feet from ground level to the top of the luminaries.

C. Landscape and Accent Lighting. Subject to the approval of the planning director or designee, ground-mounted lighting may be allowed to accent unique features of a building and/or surrounding landscaping (such as outstanding architectural features, specimen trees with dense year-round foliage or large native shrub masses). Architectural lighting is allowed; provided, that a full cutoff light fixture is used, and the source of illumination is directed downward.

D. Flagpoles. Uplighting for flags is permitted, provided the flag is of a government and the maximum lumen output is 1,300 lumens.

E. Signs. See Chapter 17.80 EMMC, Sign Regulations and Sign Permits. [Ord. O-16-2015 § 2 (Exh. A); Ord. O-12-2014 (Exh. A)].

A. Searchlights, laser source lights, strobe or flashing lights, illusion lights or any similar high intensity light shall not be permitted except in emergencies by police and fire personnel or for approved special events.

B. Uplighting. Except as specifically allowed in this chapter and Chapter 17.80 EMMC, uplighting is prohibited. [Ord. O-12-2014 (Exh. A)].

A. Outdoor Recreational Facilities. Lighting for outdoor recreation facilities that does not comply with this chapter may be approved with the project site plan based on the following:

1. When the proposed lumens per acre exceed the lumens per net acre limits, the installation shall be designed to achieve no greater than the minimum illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA).

2. Every such lighting system design shall be certified by a Utah registered engineer as conforming to all applicable restrictions of this code.

3. Such lighting shall not include any light trespass as determined by the planning director or designee.

4. Fully cutoff light fixtures shall be required for fields designed for amateur, recreational or nonprofessional sports activity. For professional level sports facilities where full cutoff fixtures are not utilized, acceptable luminaries shall include those which:

a. Are provided with internal or external glare control louvers, or both, and installed so as to minimize uplight and off-site light trespass as determined by the planning director; and

b. Are installed and maintained with aiming angles that permit no greater than two percent of the light emitted by each fixture to project above the horizontal.

B. Outdoor Display Lots.

1. All such lighting shall utilize full cutoff fixtures.

2. When the proposed lumens exceed the per acre limits, the installation shall be designed to achieve no greater than the minimum illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA).

3. Such lighting shall not include any light trespass as determined by the planning director or designee.

4. Every such lighting system design shall be certified by a Utah registered engineer as conforming to all applicable restrictions of this code.

C. Service Station Canopies. All service station canopies shall comply with the following:

1. Shielding. All luminaries shall be flush with the lower surface of canopies and utilize flat glass or plastic covers.

2. Total Under-Canopy Output. The total light output used for illuminating service station canopies, defined as the sum of under-canopy initial bare-lamp outputs in lumens, shall not exceed 40 lumens per square foot of canopy. All lighting mounted under the canopy, except internally illuminated signs, shall be included in the total. Fifty percent of the total lumen output of all lamps mounted within or under a canopy shall be included in the lumen per acre cap.

D. Other Special Use Lighting. Lighting for special uses that are not specified in this chapter must be approved by planning commission through a conditional use permit or along with a site plan application. [Ord. O-12-2014 (Exh. A)].

A. Emergency lighting, used by police, firefighting, or medical personnel, or at their direction, is exempt from all requirements of this code for as long as the emergency exists.

B. Spotlights are permitted for single-family residential, provided they are fully shielded and directed downward.

C. Swimming Pool and Decorative Water Fountain Lighting. Underwater lighting used for the illumination of swimming pools and decorative water fountains is exempt from the lamp type and shielding standards, though they must conform to all other provisions of this code.

D. Seasonal Decorations. Seasonal decorations are exempt from this chapter. [Ord. O-12-2014 (Exh. A)].

A. Plan Submittal. Whenever a person is required to obtain a permit for outdoor lighting or signage, a conditional use permit, subdivision approval or any development plan approved by the city, including all city projects, or a building permit, the applicant shall, as part of the application process, submit sufficient information to enable the planning director or designee to determine whether proposed lighting complies with this code. All applications may be subject to review and action by the planning commission at the discretion of the planning director.

B. Applications. All applications shall include the following:

1. A site plan indicating the location of all lighting fixtures, both proposed and any already existing on the site.

2. A description of each illuminating device, fixture, lamp, support and shield, both proposed and existing. The description shall include, but is not limited to, manufacturer’s catalog cuts and illustrations (including sections where required); lamp types, wattages and initial lumen outputs.

3. Such other information that the planning director may determine is necessary to ensure compliance with this code.

C. Plan Approval. If the planning director or designee determines that any proposed lighting does not comply with this code, the permit shall not be issued or the plan approved.

D. Lamp or Fixture Substitution. Should any outdoor light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the planning director or designee for approval, together with adequate information to assure compliance with this code, which must be received prior to substitution.

E. Certification of Installation. For all projects where the total initial output of the proposed lighting equals or exceeds 100,000 lamp lumens, certification that the lighting, as installed, conforms to the approved plans shall be provided by a certified engineer before the certificate of occupancy is issued. Until this certification is submitted, approval for use of a certificate of occupancy shall not be issued for the project. [Ord. O-12-2014 (Exh. A)].

A. Approval of Alternatives. The provisions of this code are not intended to prevent the use of any design, material, or method of installation or operation not specifically prescribed by this code, provided any such alternate has been approved by the planning director or designee. The planning director may approve any such proposed alternate if it:

1. Provides at least approximate equivalence to that applicable specific requirement of this code, and

2. Complies with the intent of this code. [Ord. O-12-2014 (Exh. A)].

A. Violations and Legal Actions. If, after investigation, the planning director finds that any provision of this chapter is being violated, the planning director or designee shall give notice by hand delivery or by certified mail, return receipt requested, of such violation to the owner and/or occupant of such premises, demanding that the violation be abated within 30 days of the date of hand delivery or of the date of mailing of the notice. The planning department staff shall be available to assist in working with the violator to correct said violation. If the violation is not abated within the 30-day period, the planning director or designee may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this chapter and to collect penalties for such violations.

B. Penalties. A violation of this chapter, or any provision thereof, shall be punishable by a civil penalty of $75.00 per day and each day of violation after the expiration of the 30-day period shall constitute a separate offense for the purpose of calculating the civil penalty. [Ord. O-12-2014 (Exh. A)].

The figures and information sheets attached to the ordinance codified in this chapter shall be incorporated into this chapter as guidelines for the public and the city. The city does not endorse or discriminate against any manufacturer or company that may be shown, portrayed or mentioned by the examples. [Ord. O-12-2014 (Exh. A)].

A. “Direct illumination” means illumination resulting from light emitted directly from a lamp, luminary, or reflector and is not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces.

B. “Display lot or area” means outdoor areas where active nighttime sales activity occurs and where accurate color perception of merchandise by customers is required. To qualify as a display lot, one of the following specific uses must occur: automobile sales, boat sales, tractor sales, building supply sales, gardening or nursery sales, and assembly lots. Uses not on this list may be approved as display lot uses by the planning director or designee.

C. “Foot-candle” means one lumen per square foot; unit of illuminance. It is the luminous flux per unit area in the imperial system. One foot-candle equals approximately one-tenth (0.093) lux.

D. “Fully shielded light fixture” means a light fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. The term “full cutoff” is often substituted for the term “fully shielded.” The terms are not equivalent. Fully shielded luminaires emit no direct uplight, but have no limitation on the intensity in the region between 80 degrees and 90 degrees.

E. “Full cutoff light fixture” means fixtures that are independently certified by the manufacturers, and do not allow light to be emitted above the fixture and the fixture reduces glare by limiting the light output to less than 10 percent at and below 10 degrees below the horizontal.

F. “Glare” means the sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light. The magnitude of glare depends on such factors as the size, position, and brightness of the source, and on the brightness level to which the eyes are adapted.

G. “Installed” means a light fixture attached or fixed in place, whether or not connected to a power source, of any outdoor light fixture.

H. “Light pollution” means any adverse effect of manmade light.

I. “Light trespass” means light spill falling over property lines that illuminates adjacent grounds or buildings in an objectionable manner.

J. “Lumen” means a unit used to measure the actual amount of visible light which is produced by a lamp as specified by the manufacturer.

K. “Luminary” means the complete lighting assembly, less the support assembly.

L. “Motion sensing security lighting” means any fixture designed, and properly adjusted, to illuminate an area around a residence or other building by means of switching on a lamp when motion is detected inside the area or perimeter, and switching the lamp off when the detected motion ceases.

M. “Net acreage” means the remaining ground area of a parcel after deleting all portions for proposed and existing public rights-of-way and undeveloped area.

N. “Nit” means the standard unit of brightness for electronic and digital signage. It is a measure of the light being emitted by the sign, in contrast to foot-candles which measure the brightness of the surface area or object that is being lighted.

O. “Nonessential commercial exterior lighting” means any signs, parking lot lighting, display lighting, exterior building lighting, directional lighting or landscape lighting that is primarily for aesthetic or advertising purposes and does not directly contribute to the safety or security of the premises.

P. “Outdoor light fixture” means an outdoor illuminating device, outdoor lighting or reflective surface, lamp or similar device, permanently installed or portable, used for illumination, decoration, or advertisement. Such devices shall include, but are not limited to, lights used for:

1. Buildings and structures;

2. Recreational areas;

3. Parking lot lighting;

4. Landscape lighting;

5. Architectural lighting;

6. Signs (advertising or other);

7. Street lighting;

8. Product display area lighting;

9. Building overhangs and open canopies;

10. Security lighting.

Q. “Outdoor recreation facility” means an area designed for active recreation, whether publicly or privately owned, including, but not limited to, parks, baseball diamonds, soccer and football fields, golf courses, tennis courts, and swimming pools.

R. “Partially shielded light fixture” means a fixture shielded in such a manner that no more than 10 percent of the light emitted directly from the lamp or indirectly from the fixture is projected at an angle above the horizontal, as determined by photometric test or certified by the manufacturer. Luminaries mounted under canopies or other structures such that the surrounding structure effectively shields the light in the same manner are also considered partially shielded for the purposes of this code.

S. “Seasonal decorations” means strings of holiday lights, uplighting or internally lit inflatable or plastic decorations, or other lighting of holiday or seasonal decorations.

T. “Uplighting” means lighting that is directed in such a manner as to shine light rays above the horizontal plane.

U. “Security lighting” means lighting designed to illuminate a property or grounds for the purpose of visual security.

V. “Unshielded fixture” means any fixture that allows light to be emitted above the horizontal directly from the lamp or indirectly from the fixture or a reflector.

W. “Watt” means the unit used to measure the electrical power consumption (not the light output) of a lamp. [Ord. O-12-2014 (Exh. A)].

[Ord. O-12-2014 (Exh. A)].

A. The purpose of this chapter is to designate important historical and archaeological sites in Eagle Mountain City, encourage the preservation of important historical and archaeological site locations, and avoid the unnecessary or inadvertent disturbance of these sites including prehistoric or historic human remains;

B. The establishment of a city register listing designated sites, structures, signs, and districts; and

C. The provision for educational opportunities to increase public appreciation of Eagle Mountain’s unique heritage. [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A)].

“Ancient human remains” means all or part of a physical individual that is historic or prehistoric or any object on or attached to the physical individual that is placed on or attached to the physical individual as part of the death rite or ceremony of a culture.

“Important historical or archaeological site” means any geographic area that may include ancient human remains or items or improvements of a cultural or historic significance, including petroglyphs, pictographs, historical buildings or structures, historical artifacts, historic gravesites, historic mines or wells, or historic trails. An important historical or archaeological site can include sites that have been determined eligible for the National and State Registers of Historic Places or would be determined eligible if they were evaluated by the Utah State Historic Preservation Office.

“Landmark structure or site” means a structure or site included in the Eagle Mountain Historic and Archaeological City Register that meets the criteria of EMMC 17.58.040 and received approval by the planning commission by the process identified in EMMC 17.58.050. Such structures and sites are of importance to the city, state, or nation and impart high artistic, cultural, and historic values. [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A)].

Any person may provide the location of a possible important historical or archaeological site to the city. Private landowners are encouraged to provide information regarding a possible important historical or archaeological site on land owned by the private landowner. Once a location of a potential important historical or archaeological site has been identified, the city should contact the landowner and attempt to obtain written permission to access the property to evaluate whether the site should be designated as an important historical or archaeological site. [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A)].

To be designated as an important historical or archaeological site, the location must include all of the criteria listed in subsections A through C of this section and at least one of the criteria listed in subsections D through H of this section.

REQUIRED:

A. The site is located within the boundaries of Eagle Mountain City.

B. The items that contribute to the important historical or archaeological site are a minimum of 100 years old (either by record or by the determination of experts or state historic preservation officers).

C. The site retains its integrity in that there are no major alterations that have obscured or destroyed the significant archaeological features.

AT LEAST ONE REQUIRED:

D. The site is currently listed in the National Register of Historic Places, or it has been officially determined eligible for listing in the National Register under the provisions of 36 CFR 60.6(s).

E. The site is associated with events that have made a significant contribution to the broad patterns of the prehistory or history of the city, state, or nation.

F. The site is associated with lives of persons significant in the prehistory or history of the city, state, or nation.

G. The site embodies the distinctive characteristics of a rare or unique type, period or method of construction, or that it represents the work of a master, or that it recognizes high artistic values or style, or that it represents a significant and distinguishable entity whose components may lack individual distinction.

H. The site has yielded or may be likely to yield information important in prehistory or history. [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A)].

A property owner, resident, city body, or city staff may file a request for designation of an important historical or archaeological site by submitting an application to the city. Designation of important historical or archaeological sites will be a “check list” item to be reviewed by planning department staff and then submitted to the historic preservation board. Staff and the historic preservation board will consult experts and/or state historic preservation officers as to the possibility of historic or archaeological sites on parcels considered for development. The historic preservation board will review and consider the designation of the historical or archaeological site at a public meeting with mailed notice to the property owner postmarked at least 10 business days before the scheduled meeting.

Upon findings made by the historic preservation board using the criteria outlined in EMMC 17.58.040, the historic preservation board may designate the historical or archaeological site as a landmark structure or site to the history of Eagle Mountain, the State of Utah, and/or the United States of America and include it within the city register. [Ord. O-02-2021 § 2 (Exh. A)].

Any property that has been added to the Eagle Mountain Historic and Archaeological City Register shall be considered for a historic preservation overlay zone. A request to apply this overlay zone to the property may be brought forward by the property owner or city. A request for approval of a historic preservation overlay zone on a property may be filed and processed jointly with a request for inclusion on the city register.

A historic preservation overlay zone shall be established pursuant to the procedures of rezoning property, as provided by Chapter 17.90 EMMC, with the following modifications:

A. Application. In cases where a request for a historic preservation overlay zone on a property occurs after the property has been added to the city register, an application for this zoning shall include verification the property is on the city register. A copy of the application packet for designation of the important historical or archaeological site shall be included in the zoning application. [Ord. O-02-2021 § 2 (Exh. A)].

When determining the boundaries of a proposed historical preservation overlay zone to be reviewed and approved by the city, the boundaries of an important historical or archaeological site shall be drawn to ensure that historical associations, and/or those which best enhance the integrity of the site, comprise the boundaries. The boundaries do not need to match property lines. [Ord. O-02-2021 § 2 (Exh. A)].

Prior to the approval of any preliminary plat that includes areas that have been designated as important historical or archaeological sites, the planning staff shall evaluate the impact of the development on the important historical or archaeological site, and any options to mitigate the impact of such development. If possible, density or building rights transfer or open space credits will be used as a planning measure to avoid disturbing important historical or archaeological sites. In addition, inclusion of important historical or archaeological sites in open space or other set-aside areas and measures to protect and preserve such areas shall be utilized when density and building rights transfers or open space credits can be used to preserve these sites. [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A). Formerly § 17.58.050].

Prior to issuing a conditional use permit, excavation permit or construction permit for a parcel containing an important historical or archaeological site, the applicant shall provide a detailed plan describing measures that will be taken by the applicant to protect any ancient human remains or items or improvements of a cultural or historic significance, including petroglyphs, pictographs, historical buildings or structures, historical artifacts, historic gravesites, historic mines or wells, or historic trails. [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A). Formerly § 17.58.060].

A. The city council may create a historic preservation board to assist the city with the identification, preservation and education of significant historical or archaeological sites. The board may consist of as many members as the city council feels is reasonable and necessary to achieve the purpose of the board.

B. Members appointed to the historic preservation board (if created) shall have demonstrated interest, competence, or knowledge in historic preservation.

C. In the absence of an appointed historic preservation board, the planning commission shall act in place of the historic preservation board. [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A). Formerly § 17.58.070].

In accordance with Utah Code Ann. § 63G-2-305(26) (2015), any records that reveal the location of historic, prehistoric, paleontological, or biological resources that if known would jeopardize the security of those resources or of valuable historic, scientific, educational, or cultural information shall be classified as “protected records.” [Ord. O-02-2021 § 2 (Exh. A); Ord. O-15-2015 § 2 (Exh. A). Formerly § 17.58.080].

The purpose of this chapter is to provide standards and practices for the protection, use, and release of easements throughout the city. [Ord. O-57-2024 § 2 (Exh. A)].

The following standards shall apply to all easements located within the city unless otherwise noted:

A. Structures. No structure which cannot be removed shall be constructed across or within an easement.

1. Exception. Fencing, excluding screen walls, retaining walls, and golf course netting, may be placed across or in easements; provided, that the fencing does not interfere with the rights of the easement holder.

B. Developers and subdividers may be required to grant easements for utilities, maintenance, or other public purposes. [Ord. O-57-2024 § 2 (Exh. A)].

Except as otherwise provided for or restricted by law, persons may petition for an easement to be vacated, released, or encroached upon, though approval may only be given on a case-by-case basis. To vacate, release, or encroach upon an easement, the petitioner must obtain and submit the following to the planning department:

A. A letter from each individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity that holds a right to the easement. The letter must specify that the holder of the easement is willing to vacate, release, or allow encroachment within the easement.

B. A letter from the city engineer stating that the city is willing to vacate, release, or allow encroachment with the easement.

C. Notwithstanding any other provision of this chapter, encroachment in a public utility easement by a structure which cannot be removed shall not be permitted. [Ord. O-57-2024 § 2 (Exh. A)].

A. Planning Director. The planning director shall be the land use authority for all applications submitted pursuant to this chapter, except applications to vacate, release, or encroach upon easements on the Ranches Golf Course or conservation easements located anywhere in the city. Upon receiving all necessary letters from easement holders and the city engineer as required in EMMC 17.59.030, the planning director shall prepare a notice of decision to be sent to the applicant and the city recorder.

B. Planning Commission. The planning commission shall be the land use authority for applications submitted pursuant to this chapter to vacate, release, or encroach upon a conservation easement. For conservation easements, the planning director shall schedule the matter before the planning commission to consider the application upon receiving all necessary letters from easement holders and the city engineer as required in EMMC 17.59.030.

C. Golf Course. The city council shall be the land use authority for applications submitted pursuant to this chapter to vacate, release, or encroach upon any easement located on the Ranches Golf Course. For easements located on the Ranches Golf Course, the planning director shall schedule the matter before the city council to consider the application upon receiving all necessary letters from easement holders and the city engineer as required in EMMC 17.59.030.

D. City Recorder. The city recorder shall file the notice of decision and record any documents pertinent to the requested vacation, release, or encroachment of an easement.

E. Agreement. Upon receiving approval from the planning director to encroach upon an easement, the applicant shall enter into an agreement with the city governing the terms of any encroachment. This subsection shall not apply in cases where the easement is vacated or released. [Ord. O-57-2024 § 2 (Exh. A)].

This chapter promotes the health, safety, and general welfare of the public through the appropriate use of landscaping, buffering, fencing, and lot and zone transitioning. [Ord. O-28-2020 § 2 (Exh. A); Ord. O-05-2008 § 2 (Exh. A § 12.1); Ord. O-23-2005 § 3 (Exh. 1(1) § 12.1)].

Properly placed landscaping can lessen the impact of dust, heat, erosion, and wind. Landscaping and fencing are also encouraged when used as buffers and screens against undesirable views. Lot and zone transitioning protect property values, enhance land use compatibility, and designate appropriate zone buffers. [Ord. O-28-2020 § 2 (Exh. A); Ord. O-05-2008 § 2 (Exh. A § 12.2); Ord. O-23-2005 § 3 (Exh. 1(1) § 12.2)].

All landscaping, buffering, and fencing requirements of this chapter shall apply to all newly constructed buildings. Zone transitions shall apply to all zones and uses. [Ord. O-52-2023 § 2 (Exh. A); Ord. O-28-2020 § 2 (Exh. A); Ord. O-05-2008 § 2 (Exh. A § 12.3); Ord. O-23-2005 § 3 (Exh. 1(1) § 12.3)].

The following landscape provisions shall be adhered to by all land uses unless otherwise noted:

A. Park Strips. Park strips adjacent to residential dwellings shall be landscaped and maintained by the property owner whose property abuts the park strip.

B. Landscape Maintenance. All landscaped areas shall be maintained by watering of landscaping, removal of weeds, the cutting of lawn or any other activities required to maintain healthy and aesthetically pleasing landscaping. Topping of trees as a pruning technique is prohibited.

C. Tree Clearance. Trees which project over any sidewalk shall be pruned clear of all branches between the ground and a height of eight feet for that portion of the foliage located over the sidewalk.

D. Clear Vision Triangles. No landscaping over three feet in height shall be allowed within a clear vision triangle as shown in this chapter except trees with single trunks that are pruned such that all branches and foliage are removed to a height of at least eight feet.

The following landscape provisions shall be adhered to by all land uses whose building permits were issued on or after February 1, 2024, unless otherwise noted:

E. WaterSense Irrigation Controllers. Landscaped areas shall be provided with a WaterSense labeled smart irrigation controller which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions. All controllers shall be equipped with automatic rain delay or rain shut-off capabilities.

F. Irrigation. All irrigation shall be appropriate for the designated plant material to achieve the highest water efficiency. Drip irrigation or bubblers shall be used except in lawn areas. Drip irrigation systems shall be equipped with a pressure regulator, filter, flush-end assembly, and any other appropriate components. Each irrigation valve shall irrigate landscaping with similar sites, slope and soil conditions, and plant material with similar watering needs. Lawn and planting beds shall be irrigated on separate irrigation valves. In addition, drip emitters and sprinklers shall be placed on separate irrigation valves.

G. Mulch. At least three to four inches of mulch shall be used in planting beds to control weeds and improve the appearance of the landscaping. Approved materials shall be used in areas located within a public right-of-way.

H. Special Purpose Landscape. Certain special purpose landscape areas (e.g., stormwater management areas, etc.) may receive exceptions from the slope limitations and other elements of the landscaping requirements. Applications to receive exceptions are to be considered on a case-by-case basis. [Ord. O-52-2023 § 2 (Exh. A); Ord. O-05-2008 § 2 (Exh. A § 12.4); Ord. O-23-2005 § 3 (Exh. 1(1) § 12.4)].

Applicants required by this title to make landscaping improvements shall submit a landscaping plan prepared by a licensed landscape architect to meet the minimum landscape requirements outlined in this chapter. All single-family dwellings shall be exempt from preparing and submitting a landscape plan. City staff will review the submitted landscaping plan for compliance with this chapter and forward the plan to the planning commission and city council for review and action concurrent with development applications, which require landscaping plans to be submitted. The landscaping plan shall include, at a minimum, the following information:

A. The location and dimension of all existing and proposed structures, property lines, easements, parking lots, power lines, rights-of-way, ground signs, refuse areas, and lighting.

B. The plant names (both botanical and common name), location, quantity, and size of all existing and proposed plants. The proposed plan should indicate the size of the plant material at the time of planting and at maturation. All existing vegetation that is to be removed or remain on the site should be clearly identified.

C. Existing and proposed grading of the site indicating contours at two-foot intervals for grades that are five percent or greater. For areas where grades are less than five percent, contours may be shown at one-foot intervals.

D. Plans showing the irrigation system shall also be included in the landscaping plan submittal.

E. Existing and proposed fences and identification of the fencing materials.

F. A summary of the total percentage of landscaped areas, domestic turf grasses, deciduous and evergreen species, and xeriscaping, along with the estimated cost of all the improvements. [Ord. O-05-2008 § 2 (Exh. A § 12.5); Ord. O-23-2005 § 3 (Exh. 1(1) § 12.5)].

All required landscaping improvements shall be completed in accordance with the approved site plan, landscaping planting plan, and irrigation plan and occur prior to the issuance of a certificate of occupancy for the associated structure/building. Exceptions may be permitted and certificates of occupancy issued where weather conditions prohibit the completion of approved and required landscaping improvements. In such cases an extension period of not longer than six months is permitted and a bond for no less than 110 percent of the total estimated value of the landscaping shall be held until the project is in full compliance with this chapter and any approved site or landscaping plans. [Ord. O-05-2008 § 2 (Exh. A § 12.6); Ord. O-23-2005 § 3 (Exh. 1(1) § 12.6)].

The planting standards are the minimum size of landscaping that the city will accept towards meeting the landscaping required in this chapter. The planning commission and city council shall use the planting standards in evaluation of any landscaping plan. The following are planting standards for required landscaping that shall be followed for all new development:

A. Trees. Deciduous trees shall have a minimum trunk size of one and one-half inches in caliper measured eight inches above the soil line. Evergreen trees shall have a minimum size of six feet in height. The applicant may elect to use either deciduous or evergreen trees to meet this requirement.

B. Ornamental Trees. All ornamental trees shall have a minimum trunk size of one and one-half inches in caliper measured eight inches above the soil line.

C. Shrubs. All shrubs shall be a minimum of one-gallon containerized stock planted that will attain a height of at least two feet.

D. Weed Barrier. Planting beds are required to have a weed barrier with mulched wood chips, rocks, or other similar treatment. [Ord. O-52-2023 § 2 (Exh. A); Ord. O-05-2008 § 2 (Exh. A § 12.7); Ord. O-23-2005 § 3 (Exh. 1(1) § 12.7)].

The planning commission and city council shall use the following design applications in evaluation of any landscaping plan:

A. Selection of Plants. Plants shall be selected for texture, form, color, pattern of growth and adaptability to local conditions.

B. Berms. A landscaped berm is required as a headlight screen or buffer surrounding all parking areas and between different land uses; particularly between nonresidential and residential uses or single-family and multifamily uses. [Ord. O-52-2023 § 2 (Exh. A); Ord. O-05-2008 § 2 (Exh. A § 12.8); Ord. O-23-2005 § 3 (Exh. 1(1) § 12.8)].

The following landscape provisions shall be adhered to by all land uses unless otherwise noted:

A. Portions of property that are not developed with structures, rights-of-way, driveways, and parking areas shall be required to be landscaped in all zones (except in the RA1, RA2, RD1, RD2, and FR zones and the agriculture areas).

B. The following are the minimum standards for landscaping improvements to any park strip, median, or landscaped area located within a public right-of-way, a commercial, or industrial development:

1. Decorative rock material shall be at least three inches deep and be placed completely on top of a weed fabric barrier that allows the permeation of water. Decorative rocks must be a minimum of one inch in diameter. Rock materials shall not exceed the height of the sidewalk/trail or the top back of curb, when placed along a public right-of-way.

2. White quartz rock, lava rock, and gravel, or any other material that approximates the color of concrete, are not permitted.

C. Any individual, corporation, or other entity that uses water-wise landscaping in an area within a public right-of-way shall be responsible for any damage caused by rocks or other materials that migrate onto a sidewalk, trail, street, storm drain, or other public facility, regardless of how such migration occurs.

The following landscape provisions shall be adhered to by all land uses whose building permits were issued on or after February 1, 2024, unless otherwise noted:

D. At maturity, landscape areas shall have enough plant material to create at least 50 percent living plant cover at the ground plane, not including tree canopies.

E. The following requirements shall apply to the regulated front and side yards (the portion of land that a developer would be required to install) of single-family residential properties:

1. Lawn shall not be installed on walking paths or trails, or on slopes greater than 25 percent, or 4:1 grade, and shall not be less than eight feet wide at its narrowest point.

a. Park strips shall have enough plant material to create at least 30 percent living plant cover at maturity on the ground plane, not including tree canopies.

2. Lawn areas in the front and side yards shall not exceed the greater of 250 square feet, or 50 percent of the total landscaped area in the front and side yards. The following exceptions shall apply:

a. Small residential lots, in which the total landscaped area of the front yard is less than 250 square feet, and in which the front yard dimensions cannot accommodate the minimum eight feet wide lawn area requirement of the landscaping requirements in subsection (E)(1) of this section, are exempt from the eight feet minimum width lawn area requirement and maximum of 50 percent lawn requirement.

F. The following requirements shall apply to institutional and multifamily properties:

1. In common area landscapes, lawn areas shall not exceed 20 percent of the total landscaped area, outside of active recreation areas.

2. Multifamily dwellings shall improve landscaped areas with a minimum of one approved deciduous/evergreen tree per 1,000 square feet of landscaped area.

G. The following requirements shall apply to commercial and industrial properties:

1. In common area landscapes, lawn areas shall not exceed zero percent of the total landscaped area, outside of active recreation areas.

2. Commercial and industrial properties shall improve landscaped areas with a minimum of one approved deciduous/evergreen tree per 1,000 square feet of landscaped area.

H. Certain special purpose landscape areas (e.g., stormwater management areas, etc.) may receive exceptions from the slope limitations and other elements of the landscaping requirements. Applications to receive exceptions are to be considered on a case-by-case basis. [Ord. O-52-2023 § 2 (Exh. A); Ord. O-36-2020 § 2 (Exh. A); Ord. O-08-2016 § 2 (Exh. A); Ord. O-05-2008 § 2 (Exh. A § 12.9); Ord. O-23-2005 § 3 (Exh. 1(1) § 12.9)].

All single-family dwellings shall have the front yards landscaped within one year and back yards within two years of receiving a certificate of occupancy, unless required sooner through the project’s CC&Rs or a development agreement. [Ord. O-05-2008 § 2 (Exh. A § 12.10); Ord. O-23-2005 § 3 (Exh. 1(1) § 12.10)].

Table 17.60.170(a), Required Buffer Widths and Improvements, defines the presumptive standards for minimum required buffer widths and improvements for adjacent land uses. Where the combination of land uses is not found in the table, the planning director shall make a recommendation to the planning commission. The planning commission shall then determine an appropriate buffering requirement. The planning commission may also approve alternative buffering requirements that may be more or less restrictive than the standards contained in the table when the planning commission determines that the alternative standard eliminates nuisance concerns. Required buffers may be crossed by driveways, utility lines, sidewalks, and trails. Permitted freestanding signs may be based in required buffers. Outdoor sales, displays, or storage shall not be permitted within a required buffer. The required buffer areas are required to be landscaped with live ground cover and/or other approved landscaping that meets the following requirements:

A. Trees. Deciduous trees shall have a minimum trunk size of one and one-half inches in caliper measured eight inches above the soil line. Evergreen trees shall have a minimum size of six feet in height. The applicant may elect to use either deciduous or evergreen trees to meet this requirement. Trees may not be spaced more than 40 feet apart.

B. Berming. Berms shall be at least three and one-half feet in height and shall not exceed a slope of 2.5:1, except where a retaining wall is used to support one side of the berm.

C. Headlight Screen. A headlight screen shall consist of a berm, fence, wall, or landscaping consisting of at least three and one-half feet in height and capable of blocking headlights. Headlight screening may also be provided by buildings. [Ord. O-10-2024 § 2 (Exh. A); Ord. O-52-2023 § 2 (Exh. A); Ord. O-13-2016 § 2 (Exh. A); Ord. O-05-2008 § 2 (Exh. A § 12.11); Ord. O-23-2005 § 3 (Exh. 1(1) § 12.11)].

A. The standards in this section shall apply universally to fencing, walls, and screens in all zones unless specified otherwise. Various fence types are defined in EMMC 17.10.030. A fence permit or authorization via city site plan approval shall be required by the city to sanction the placement of a fence or wall or privacy screen.

Property owners should only install fencing on their property. If the property lines are not clearly marked, the city encourages the property owner(s) to consider having a surveyor determine property line locations and mark the same. Fence or wall height is measured or assessed from either: (1) the height of finished grade of the property whereupon a fence lies or to which it pertains, to the top of the fence or wall; or (2) from the height of the grade of a commercial or industrial building/parking pad where such is at a higher-grade elevation than any abutting residentially zoned or developed property, whichever results in a higher screen.

B. Residential Perimeter Fencing Standards.

1. Material Type(s).

a. Allowed: board (e.g., cedar), vinyl, and/or solid walls (made of decorative concrete or masonry (including brick)), wrought iron or imitation variety thereof, composite material and limited amounts (i.e., less than 80 percent of the overall area of a section of fencing between posts) of black painted hog wire provided all such have top and bottom rails and substantial posts/columns.

b. Composition. Fences shall be constructed such that no more than two materials (i.e., wood or vinyl, etc.) are used throughout and its color(s), pattern, and composition are consistent, save for posts or support columns which may be of different composition or style.

c. Not allowed: chain-link, wire, razor, chain fencing, gabion basket fencing, and/or electric (except as allowed per standards hereafter). Also, fences comprised of, or containing, sheet metal, OSB, and nontraditional materials/items such as signs, rugs, cardboard, Styrofoam, etc.

Exception(s):

i. Livestock animal enclosure. Barbed wire or wire fences (including electric lines) may be used to create animal enclosures. In such cases, the fence shall not exceed six feet in height and may only be used within/alongside of rear yard areas.

ii. Sport court or golf course protection screening. Refer to provisions in subsection (J) of this section.

iii. Electric fences as allowed in accordance with electric fence provisions stated in this section.

2. Height(s).

a. Interior Lots. No fence shall exceed four feet in height in the front yard area of a property. Wing fencing extending from the front corners of a residence to the side property lines may be up to six feet tall. Fencing along the side property lines past the front wall plane of a residence to, and along, the rear property line, including against an alley or service drive, may be up to six feet tall. Fencing that adjoins an alley or service drive shall be required to comply with clear vision triangle standards where applicable.

b. Corner Lots. Same as interior lots save that no fencing over three feet in height shall be within a clear vision triangle. Fencing that adjoins an alley, service drive or driveway shall be required to comply with clear vision triangle standards where applicable.

Exception(s): Sport court fencing or golf course screening shall be exempt from the height regulations of this subsection but may not be used as exterior property fencing/screening.

C. Nonresidential (i.e., Agricultural, Commercial, Industrial, etc.) Perimeter Fence/Wall Materials, Appearance and Maintenance Standards.

1. Material Type(s).

a. Allowed: board (e.g., cedar), vinyl, and/or decorative concrete or masonry (including brick), wrought iron or simulated/imitation version thereof, composite material and limited amounts of painted hog wire provided all such have top and bottom rails and substantial posts/columns.

b. Composition. Fences shall be constructed such that no more than two materials (i.e., wood or vinyl, etc.) are used throughout and its color(s), pattern, and composition are consistent save for posts or support columns which may be of different composition or style.

c. Not allowed: full wire, razor, chained fencing, gabion basket fencing, chain-link fencing, and/or electric screen fencing.

Exception(s): Barbed wire, electrified wire (not fully electrified fences – see subsection H of this section) or full wire fences (e.g., hog wire or similar) shall be allowed:

i. In conjunction with the care and keeping of livestock on property.

ii. On property that has either greenbelt tax status or legal nonconforming status.

iii. For city fencing of conservation easements or other sensitive public or municipal lands, and/or perimeter screening of the city’s wildlife corridor.

iv. For city fencing of land for vegetative management purposes (i.e., livestock grazing of open spaces, utility rights-of-way and other areas).

v. Chain-link fencing as specified in this title around industrially zoned properties or monopole cell towers (see subsection (C)(1)(d) of this section).

d. Where chain-link is allowed in industrial zones or in conjunction with monopole cell towers, said fencing:

i. Shall have top rails.

ii. Shall be vinyl coated.

iii. Shall be obscured by a vegetative screen between it and any parking lot or adjoining public street.

iv. Shall not have slats embedded therein.

v. Chain-link mesh shall be flush to the ground.

2. Height(s).

a. Agricultural Zone. Fencing in industrial zones shall not exceed eight feet in height.

b. Commercial Zones. Fencing in commercial zones shall not exceed eight feet in height in any property area.

c. Industrial Zones. Fencing in industrial zones shall not exceed eight feet in height.

D. City Facilities Fencing Standards. Security fencing type/materials and height for public municipal facilities shall be no less than six feet nor higher than eight feet tall, and shall be simulated wrought iron. Exception: City fencing installed to preserve conservation easement areas, or the wildlife corridor may be of material type and height as determined appropriate by the city.

E. Walls or Fences as Buffers or Street Screens. Where required, screening walls or fences shall not be less than six feet in height. Required wall installations shall precede issuance of a building permit for a project related to a wall as per EMMC 16.35.090. Masonry or decorative concrete shall be used as a:

1. Buffer. Where and when a commercial use borders a residential or agricultural zone or development. Such wall, fence and landscaping shall be maintained in good condition with no advertising thereon.

2. Refuse Areas. Trash enclosures and other refuse collection areas shall be screened by a solid masonry or decorative concrete wall. Gates shall be (full) metal and sight-obscuring, not made of chain link or chain link with slats.

3. Street Screens. Where and when residential fencing abutting a road identified by the city as a “major” or “minor” “arterial,” or, as a “major” or “minor” “collector” is installed, it shall be of consistent height (not less than six feet), material and color, and be made of stone, masonry or decorative concrete.

Residential subdivisions, business park, commercial, commercial storage, and industrial developments shall install six-foot-tall privacy screening made of durable materials consisting of either stone, masonry or decorative concrete (including precast concrete) along the rear and/or side lot lines of a project that abut(s) an arterial or collector road right-of-way, or one designated as such on the city’s existing future transportation plan.

Developers/builders are required to install privacy screening prior to any building permits being issued in that phase of development that abuts such right-of-way. Property purchasers, at any such time as they desire to install screening along an arterial or collector where such is absent, shall install an acceptable wall.

Exception: In cases where a residential property:

a. Either abuts the Ranches Parkway; or

b. Faces (at an angle within 45 degrees of being parallel) to Ranches Parkway; and

c. Is within 75 feet of the closest Ranches Parkway right-of-way line; and

d. Where and when screening of the property (usually along a rear property line) from the Parkway has not already been installed by a developer/builder prior to occupancy of a house on that property; then

screening installed by that lot’s owner shall be a “Monterey Gray” colored wood fence – six feet maximum height.

Note that the foregoing requirement does not pertain to those properties in the Ranches with yards abutting or facing actively used golf course land (i.e., fairways or greens) where wrought iron type fencing is instead required between those yard areas (usually backyards) and the golf course.

Examples of inappropriate concrete and masonry walls styling include:

F. Residential Privacy Screens. Privacy screens on residential properties that serve as view curtains, decorative elements, buffers to neighboring properties, etc., shall be allowed; provided, that:

1. They are treated as accessory structures in terms of allowed height(s), required setback(s) and the need to avoid being placed in or across an easement.

2. If under seven feet in height, neither a fence nor a building permit is, or shall be, required. However, if a privacy screen is [to be] over seven feet in height, a building permit is [first] required.

G. Wall or Fence Location Restrictions.

1. Rights-of-Way. Neither fences nor walls shall be located within any portion of any public right-of-way without written city consent. Written city consent shall consist of an approved right-of-way encroachment agreement/license. If allowed within a public right-of-way, it shall be the duty of the owner of the fence or wall to remove the same at their expense upon notification by the city for any reason deemed sufficient by the city.

2. Easements.

a. Fences may be placed across or in easements.

b. Walls (including retaining types) shall not be allowed to cross or rest within an easement unless approved otherwise by vacating all or a portion of the easement or obtaining an easement release coupled with an encroachment license/agreement from the city.

3. Utility Fixtures. Fire hydrants and utility boxes shall not be fenced into a yard (i.e., trapped). Fencing shall be kept at least three feet from any such fixtures.

4. Utility Meters. Fencing shall not obstruct access to gas, electric, and water meters. If an area of a property with such meters is enclosed by fencing, there shall be an unlocked entrance (e.g., a gate) to allow access to the meter(s).

H. Electric Perimeter/Screen Fences (Fully Electrified Fence). Electric perimeter security fences shall only be allowed in the city as provided in this section, subject to the following standards:

1. IEC Standard 60335-2-76. Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard 60335-2-76.

2. Energizer. The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However, the solar panel may be augmented by a commercial trickle charger.

3. Charge Limit. The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard 60335-2-76.

4. Where permitted: Electric fences shall be permitted on any nonresidential outdoor storage area or to secure power plant property.

5. Signage. Electric fences shall be clearly identified with warning signs that read “Warning – Electric Fence” placed at intervals not less than 60 feet apart.

6. Governing Regulations. Electric fences shall otherwise be governed and regulated under burglar alarm regulations and permitted as such.

7. Violation. It shall be unlawful for any person to install, maintain or operate an electric fence in violation of this section save those fences designed and operated to contain livestock. Those fences shall comply with traditional practice and industry standards applicable to livestock enclosure.

I. Berms and Landscape Screens or Hedges. Berms, landscape screens, including hedges, shall be considered functionally equivalent to fences unless otherwise specified. If used, berms and any planting or fencing atop the same shall be restricted in height equivalent to that allowed for a fence in a given location. This shall not be construed to mean, however, that berms or hedges may be substituted for fencing or walls where fencing or a wall are specifically required to be installed per code.

J. Golf Course Netting. Netting along a golf course to reduce conflict of golf balls and personal property or residents may be constructed with the following standards:

1. The maximum height shall be 75 feet in commercial zones and 50 feet in residential zones.

2. Netting shall have the ability to be removed or lowered during the nonplayable winter months.

3. Issuance of a building permit prior to construction.

4. Shall not be in a municipal or public utility easement unless specifically approved to do so by the easement holder and city.

5. Shall be maintained in a safe condition.

6. Shall be permitted on property when next to a golf course and placed within 20 feet of the common property line of the golf course and the adjacent property.

7. May extend 50 feet along a side property line as measured from the rear property netting location.

K. Fencing Adjacent to a Golf Course. Fences abutting golf courses shall be required to be six-foot simulated wrought iron (columns/posts material are optional).

L. Private Covenants, Codes, and Restrictions (CC&Rs). Recognizing that many subdivisions/properties have private covenants, codes, and restrictions that in part govern the type, placement, height and appearance of fences, the city shall undertake no efforts to enforce any fence provisions stated in private covenants. Rather, the city shall only enforce its municipal fence code.

M. Nonconforming Fencing. Nonconforming fencing may be maintained in current styles and configuration(s) as if in fact it is legally nonconforming. Such fencing, if damaged or destroyed, may be rebuilt or repaired if such repairs or replacement is executed within six months of it being damaged or destroyed.

N. Retaining Walls. Retaining walls shall comply with standards in Chapter 15.80 EMMC, EMMC 17.25.050(G), and Chapter 17.61 EMMC.

O. Certain Uses Require Screening. Certain uses are declared (and others may be declared in the future by the city) to possess characteristics that require sight/site obstruction in order to preclude damage, hazard, nuisance or other detriment to public health, safety or welfare, or to prevent a materially injurious situation to property or improvements in a given vicinity.

For example, unless specified elsewhere in this title, the following uses are declared to require sight/site obscuring fences: junkyard(s), wrecking yard(s), equipment storage yard(s), vehicle salvage and/or storage yard(s), sanitary landfill(s), and any other uses determined to be similar in nature to the preceding uses by the planning director or his/her designee.

P. Abatement – Abatement of Unlawful Fences. The following fences are declared unlawful nuisances and shall be subject to the enforcement provisions of EMMC Title 4:

1. Any fence or wall (including retaining walls with walls or fences atop the same) that is in whole or in part weak, or constructed of broken, unsightly, inferior or old, worn materials of a flammable nature that may impair the value of the adjoining land.

2. Any fence (including retaining walls with walls or fences atop the same) constructed or maintained for the purpose of maliciously annoying the owners or occupants of an abutting property.

3. Any fence (including retaining walls with walls or fences atop the same) not constructed or maintained in accordance with this section.

Q. Temporary Fencing. Temporary fencing may be approved by the city (e.g., during site plan review) for causes related to construction area protection, interim open air yard use prior to construction of a structure on that land area in commercial or industrial zones, or for security prior to installation of a permanent fence. [Ord. O-26-2025 § 1 (Exh. A); Ord. O-09-2025 § 2 (Exh. A); Ord. O-41-2024 § 2 (Exh. A); Ord. O-17-2024 § 2 (Exh. A); Ord. O-10-2024 § 2 (Exh. A); Ord. O-37-2023 § 2 (Exh. A); Ord. O-33-2020 § 2 (Exh. A); Ord. O-22-2018 § 2 (Exh. A); Ord. O-18-2017 § 2 (Exh. A); Ord. O-05-2008 § 2 (Exh. A § 12.12); Ord. O-23-2005 § 3 (Exh. 1(1) § 12.12)].

A. Appearance/Materials.

1. Retaining walls’ colors and materials shall harmonize with the surrounding natural landscape. Use of rock (e.g., boulders with diameters greater than one foot), masonry, decorative concrete, stone manufactured concrete units (modular block walls) is allowed.

2. Unreinforced CMU or stacked concrete blocks, gabion walls, railroad ties and large timbers or free stacked tiers of loose materials are not allowed for purposes of establishing a formal retaining wall.

3. Stacked boulders, CMU block or similar walls under four feet tall shall use filter fabric to restrain loose sediment particulates from penetrating the wall. Timber walls shall require staggered tiebacks equal to the wall height through middle courses and each course shall be secured with spikes. Walls should be sloped at a 1V:2H ratio or flatter or per manufacturer’s recommendations. Walls shall include a four-inch perforated corrugated (HDPE) pipe wrapped in geofabric and drain rock behind base of wall and be embedded a minimum of 18 inches at foot of wall. (See illustrations and details below).

CMU Reinforced Retaining Wall

Rockery Retaining Wall

Timber Retaining Wall

B. Maximum Height. Retaining walls shall not exceed six feet in height from finished grade to top of wall. Height may be stepped horizontally to accommodate natural topography. Assessments (e.g., to verify wall height compliance) shall be measured from finished grade to top of wall and at 10-foot increments along a wall starting at an end or corner of a wall.

C. Multiple Retaining Wall Tiers. When more than one retaining wall is constructed on a property, a terrace must be created between the top of the lower retaining wall and the base of the upper retaining wall. The terrace separating the two retaining walls shall have a minimum horizontal distance equal to one and one-half times the average height of the two adjacent retaining walls. The surface slope of terrace shall not exceed a 5:1 slope gradient (or 20 percent).

D. IBC Compliance, General. All retaining walls shall comply with the city’s adopted International Building Code, except that when any provision of this section conflicts with any provision set forth in the International Building Code, the more restrictive provision shall apply.

1. Specially, walls over four feet tall (finished grade of the open, non-load bearing/restraining side to the top of the wall) shall require a building permit and relevant structural engineering, part of which shall include:

a. The proposed means and methodology for wall drainage; and

b. Evidence of the ability of the wall to withstand soil bearing pressure.

c. Boulders used in rockery walls should be durable, nonweathering and not placed in a manner that will significantly weaken their integrity. Laboratory testing data demonstrating durability of the rock shall be required to ensure compliance of rockery walls.

d. Surface drainage at the top and bottom of the walls should drain away from the walls as much as possible.

E. Prohibited Location(s). No retaining wall or retaining wall system may or shall be constructed on a property line, or within a recorded public or municipal easement(s), or a drainage wash easement area. Further, a minimum of one foot shall be kept between the nearest edge of a footing or base and the closest adjoining property line thereto and a minimum of three feet from a retaining wall face and the closest adjoining property line. [Ord. O-41-2024 § 2 (Exh. A)].

Clear lines of sight shall be provided at intersections by delineating triangular areas adjacent to all intersections, within which no parking, building, structure, berming, or landscaping over three feet in height above the street shall be permitted. No trees are allowed within clear vision triangles. Driveways are prohibited within the clear vision triangle of local streets unless there is no other feasible placement of a driveway on a lot. Clear vision triangles may not be required if an approved chain link or other non-sight-obscuring fence is used. The size of the clear vision triangles shall be as follows:

A. Local Streets. At intersections of local streets, the triangle shall be defined by drawing a line between two points that are 30 feet from the intersection. See Diagram 17.60.180(a), Clear Vision Triangle.

B. Alleys or Driveways and Local Streets. At intersections of alleys or driveways (this includes private driveways) and local streets, the triangle shall be defined by drawing a line between two points that are 15 feet from the intersection along the lot lines (along alleys) or driveways and 30 feet on the street side. See Diagram 17.60.180(c), Alleyway Fencing.

C. Other Streets. Larger clear vision triangles may be required by the city engineer where local streets enter arterial streets, major collector streets, or parkways. [Ord. O-22-2019 § 2 (Exh. A); Ord. O-05-2008 § 2 (Exh. A § 12.14); Ord. O-23-2005 § 3 (Exh. 1(1) § 12.14)].

New subdivisions that are being proposed adjacent to existing or approved subdivisions and master development plans, building lots in an agriculture zone, or Camp Williams and BLM properties shall have lots that transition in accordance to the following standards:

A. Existing Subdivisions and Master Development Plans of Lower Density. All new developments that are proposing higher densities than existing adjacent development shall follow the transitioning standards of this chapter found in Table 17.60.150(1) and illustrated in Figure 17.60.150(1) to buffer incompatible uses.

B. Existing Subdivisions and Master Development Plans of Higher Density. All new developments that are proposing lower density than existing adjacent development shall follow the transitioning standards of this chapter found in Table 17.60.150(2) and illustrated in Figure 17.60.150(1) to buffer incompatible uses.

Figure 17.60.150(1) Lot Size Transitioning

C. Camp Williams or BLM. Proposed lots adjacent to Camp Williams or BLM land shall be a minimum of one acre in size. The planning commission may recommend and the city council may approve lots smaller than one acre in size when these bodies find that there have been adequate improvements to mitigate concerns with storm water runoff and wild land fires. All development within 1,000 feet of Camp Williams shall have a maximum density of 1.6 dwelling units per acre, and the minimum lot size shall be one-half acre.

D. Commercial Transitioning. Commercial developments adjacent to existing residential developments shall follow the buffering standards in Table 17.60.160(b) and provide walls that comply with the standards found in EMMC 17.60.110. [Ord. O-36-2020 § 2 (Exh. A); Ord. O-20-2017 § 2 (Exh. A); Ord. O-05-2008 § 2 (Exh. A § 12.15); Ord. O-23-2005 § 3 (Exh. 1(1) § 12.15)].

The zone transition table found in Table 17.60.160(1) below identifies the compatible zones that may be adjacent to each zone. Each column is defined as:

A. Zone. The existing or proposed zone designation for the subject property.

B. Compatible Buffer. The permitted zones for land adjacent to the zone identified in the first column.

C. General Plan Category Compatibility. The future land use designation in the general plan that the zone identified in the first column may be located within.

The “Zone Legend,” “Overlay Zone Legend,” and “General Plan Categories” found in Table 17.60.160(2) below are provided for reference.

[Ord. O-28-2020 § 2 (Exh. A)].

* In such cases where a specific combination of land uses is not found in the table, the planning director shall make a recommendation to the planning commission. The planning commission shall then determine an appropriate buffering requirement.

**Buffer widths are spaces of improved landscaped areas along property lines. Each zoning district establishes setbacks, which are the distance or amount of space between buildings and property lines. The planning commission may also approve alternative buffering requirements that may be more or less restrictive than the standards contained in this table when the planning commission determines that the alternative standard eliminates nuisance concerns.

***See EMMC 17.60.110 for detailed descriptions and standards for each type of improvement.

[Ord. O-52-2023 § 2 (Exh. A); Ord. O-28-2020 § 2 (Exh. A); Ord. O-08-2016 § 2 (Exh. A); Ord. O-05-2008 § 2 (Exh. A Tables 12.1, 12.2); Ord. O-23-2005 § 3 (Exh. 1(1) Tables 12.1, 12.2. Formerly 17.60.160)].

Diagram 17.60.180(a) – Clear Vision Triangle

Diagram 17.60.180(b) – Chain Link Fencing

Diagram 17.60.180(c) – Alleyway Fencing

[Ord. O-28-2020 § 2 (Exh. A); Ord. O-05-2008 § 2 (Exh. A Diagrams 12.1 – 12.3); Ord. O-23-2005 § 3 (Exh. 1(1) Diagrams 12.1 – 12.3). Formerly 17.60.170].

The purpose of this chapter is to protect Camp Williams (CW) from impacts of nearby development which may not be compatible with the mission and purpose of Camp Williams. [Ord. O-20-2024 § 2 (Exh. A)].

Utah Code Section 10-9a-537 requires that any land use application within 5,000 feet of “military land” (CW) be reviewed by the Department of Veterans and Military Affairs (DVMA) to determine compatibility. [Ord. O-20-2024 § 2 (Exh. A)].

The following are standards that apply to all developments that are located within 5,000 feet of Camp Williams:

A. Written notification by the city to the DVMA of any land use application following the parameters established by state law, as amended.

B. The DVMA has 90 days to provide a written response to the city regarding the compatibility of the zoning request.

C. The city cannot approve a land use application prior to a compatibility determination by the DVMA.

D. Upon receipt of the compatibility determination from the DVMA, the city shall follow the requirements of Utah Code Section 10-9a-537 in considering any land use application. [Ord. O-20-2024 § 2 (Exh. A)].

The purpose of this chapter is to protect significant ridgelines from development that may result in hazardous conditions, reduced quality of life, and the visual scarring of important natural features. [Ord. O-04-2018 § 2 (Exh. A)].

A. “Ridge” means a relatively narrow elevation that is prominent because of the steep angle at which it rises; an elongated crest, or series of crests, with or without individual peaks, significantly higher than the adjoining ground.

B. “Prominent ridge” means a ridge location that is seen as a distinct and important feature in the natural environment. Prominent ridges are designated in the map of prominent ridges found in this chapter.

C. “Close proximity to prominent ridge” means any real estate that is directly adjacent to, and/or is reasonably understood to impact and/or affect, a prominent ridge either physically or visually.

D. “Ridgeline setback” means any area within 50 vertical feet of a prominent ridge.

E. “Significant buildable property” means at least 8,000 square feet of contiguous property with an average (pre-grading) slope of less than 25 percent accessible by a public street that meets all applicable development standards. [Ord. O-04-2018 § 2 (Exh. A)].

The provisions of this chapter shall apply to all lands in the city which contain or lie in close proximity to any areas designated as a prominent ridge within this chapter. The standards found in this chapter are in addition to any other applicable standards found within the city code. In the case of conflict between these standards and other applicable standards, the more restrictive provisions shall apply. [Ord. O-04-2018 § 2 (Exh. A)].

The following are standards that apply to all developments that contain or lie in close proximity to designated prominent ridges:

A. Ridgeline Preservation. Property within 50 vertical feet of prominent ridges may be included within private lots; however, shall be deemed unbuildable, and shall provide a public pedestrian easement to the city for the purpose of creating an integrated and connected system of ridgeline trails, which tie into neighboring development.

No structure, accessory structure, or ancillary structure may be built within the ridgeline setback area, with the exception of public infrastructure, public lookout towers, benches, or other public viewpoint or recreation structures. No cuts, fills, clearing, or grading shall occur within the ridgeline setback, except for public trails, structures, and infrastructure. Development within close proximity to prominent ridges shall comply with ridgeline design standards found within this chapter.

B. Open Space Credit/Density Transfer.

1. Developer may be awarded amenity points for public trails, observation structures, and other passive recreation improvements built within the ridgeline setback as approved by the city.

2. Developer may be granted credit for improved open space area for significant buildable property made unbuildable by this code as approved on a case-by-case basis by the city council.

3. Developer may transfer density from ridgeline setback areas to other areas within a project or development in the case where significant buildable property is made unbuildable by this code, as approved on a case-by-case basis by the city council.

C. Existing Lots. If any portion of a lot in an existing subdivision falls within a ridgeline setback, contains a prominent ridgeline, or is in close proximity to a prominent ridge, every effort must be made to place all development on the most suitable portion of the lot. All disturbance and development shall stay out of the ridgeline setback to the maximum extent possible.

D. Hillside Site Development. All development shall comply with the standards found in Chapter 15.80 EMMC, Hillside Site Development.

E. Ridgeline Design Standards.

1. Building Materials. Reflective metals/materials and highly contrasting colors to the natural landscaping and geology are discouraged.

2. Landscape Screening. Natural landscaping and plantings shall be utilized to screen development from public rights-of-way, where possible.

3. Height Restrictions. No roofline in close proximity to a prominent ridge shall be within 15 feet of an adjacent prominent ridge.

4. Structural Design. The planning commission may require staff to approve structural design to avoid significant adverse visual impacts so that building form reflects hillside form/setting. Structural design may include: height, bulk, size, foundation, siting, and landscaping.

Building form reflects hillside form/setting.

[Ord. O-04-2018 § 2 (Exh. A)].

The Eagle Mountain City planning commission may recommend and the city council may grant specific and limited exceptions to these standards for properties where one or more of the following limitations apply:

A. A new structure or addition is proposed within an approved and platted development, approved prior to the adoption of the ordinance codified in this chapter, where the following is found:

1. There are no feasible building sites on the parcel that avoid ridgeline development.

2. The development will avoid significant adverse visual impacts due to modifications in structural design, including: height, bulk, size, foundation, siting, and landscaping.

3. Where the planning commission and city council find that an applicant has a unique circumstance or equitable claim which makes strict enforcement of the provisions of this title unduly burdensome, it may, after a public hearing, approve a special exception to the zoning provisions of this title so that substantial justice may be done and the public interest secured; provided, that the special exception does not have the effect of nullifying the intent and purpose of this title or the General Plan and is not detrimental to the public health, safety, and welfare.

B. Where the planning commission and city council find that a proposed development plan is well thought out, sensitive to ridgelines, and meets the intent of the code to protect prominent ridgelines from harmful development, while providing for integrated pedestrian connectivity. [Ord. O-04-2018 § 2 (Exh. A)].

[Ord. O-04-2018 § 2 (Exh. A)].