(Superseded by Ord. O-12-2017)

    Prior legislation: O-23-2005.

    For animal zoning regulations see Chapter 6.10 EMMC.

The purpose of this chapter is to establish the ridgeline protection overlay zone and related regulations in order 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-03-2021 § 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-03-2021 § 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.

A ridgeline protection overlay zone shall be established pursuant to the procedures of rezoning property, as provided by Chapter 17.90 EMMC, and based on the criteria as outlined in EMMC 17.63.040. The overlay zone shall be applied to property that contains or lies in close proximity to designated prominent ridges.

A. Partial Coverage. If a property is located both inside and outside of the ridgeline protection overlay zone, the standards, requirements, and procedure of this chapter shall only apply to the portion of the property that is located inside the overlay zone. [Ord. O-03-2021 § 2 (Exh. A)].

The land use regulations shall be those of the underlining zoning with which the ridgeline protection overlay zone is combined, unless modified by the overlay zone. [Ord. O-03-2021 § 2 (Exh. A)].

The following are standards that apply to all developments in the ridgeline protection overlay zone:

A. Ridgeline Preservation. Property within 50 vertical feet of prominent ridges may be included within private lots; however, such property 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 the ridgeline protection overlay zone 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 protection overlay zone 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 the ridgeline protection overlay zone 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-03-2021 § 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-03-2021 § 2 (Exh. A)].

This chapter establishes approval criteria and outlines processing procedures for home businesses. In cases of conflict with EMMC Title 5, Business Licenses and Regulations, this chapter shall govern all home businesses. On issues where this chapter is silent, EMMC Title 5, Business Licenses and Regulations, shall govern. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.1); Ord. O-02-2006 § 3 (Exh. 1 § 13.1); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.1)].

Home-based enterprises are encouraged as a desirable form of local economic development. Home businesses may be allowed in single-family dwellings only if the proposed use is secondary to the primary residential use of the property and does not adversely impact surrounding residents or affect the residential characteristics of the neighborhood, or significantly increase traffic or the demand on utilities. Residents of multifamily dwellings may have home offices or day cares approved. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.2); Ord. O-02-2006 § 3 (Exh. 1 § 13.2); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.2)].

All persons within the limits of Eagle Mountain City who engage in, carry on, or operate a business from a residence shall obtain the appropriate business license from the city, unless exempted through state or federal laws. Personal services rendered at home by an employee for his or her employer under any contract of personal employment do not constitute a home business. Home businesses shall be a permitted use in the residential zone if found to be in compliance with all criteria enumerated in this chapter. The license official, or designee, may approve a home business license with conditions to ensure compatibility between the proposed business and the residential use of the property or adjacent properties. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.3); Ord. O-02-2006 § 3 (Exh. 1 § 13.3); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.3)].

An application for a home business license shall be completed by the applicant on forms approved by the license official. No home business license shall be processed without the application, supporting materials, and the fee required by the current consolidated fee schedule. Incomplete applications shall not be processed under any circumstance.

A. Supporting Materials. The home business license application shall be submitted with the materials required herein. The license official or designee may determine and require that additional items not listed herein be submitted in order to evaluate the home business application.

1. Professional Licenses and Background Checks. If applicable, the applicant shall submit a photocopy of professional licenses related to the home business. The planning department will inform applicants if a professional license is required. When a background check is required by the application, the applicant shall provide the information on the authorization for a background check form included in the home business application packet. The applicant is responsible to pay the fee required by the current consolidated fee schedule.

2. Fee. The processing fee required by the current consolidated fee schedule approved by the city council shall be paid in full with submittal of an application. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.4); Ord. O-02-2006 § 3 (Exh. 1 § 13.4); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.4)].

Home business licenses shall be approved by the license official, or designee. Any petition for a minor exception from the standards listed in EMMC 17.65.060(A) through (F) may be approved administratively at the discretion of the license official if the exception does not adversely impact surrounding residents or affect the residential characteristics of the neighborhood, or significantly increase traffic or the demand on utilities. Any other petition for an exception from the standards in this chapter requires approval by the planning commission before the license may be issued or renewed. In addition, any home business currently in operation that constitutes a nuisance may also be required to go before the planning commission for continued use of the license and operation of the business. If the planning commission denies the continued use of the license, the license shall not be renewed. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.5); Ord. O-02-2006 § 3 (Exh. 1 § 13.5); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.5)].

All home businesses shall be in compliance with the following criteria to ensure that the residential characteristics of neighborhoods are preserved and that utilities and infrastructure are not overburdened. Home businesses are to be clearly incidental and secondary to the residential use of the property. All home businesses are allowed as permitted uses, contingent on complying with the following requirements. Licenses may be reviewed periodically as needed and may be revoked if the approval requirements are violated. The approval criteria include:

A. Floor Area. A home business shall not occupy more than one-third of the total floor area of dwellings. Exception may be granted for day cares, preschools, and businesses that offer instruction classes.

B. Employees. Home businesses shall have no more than one on-premises employee who is not a member of the resident family or household.

C. Parking. Home businesses shall provide adequate parking (which may include both on-street and off-street parking) to be determined by the license official, or designee. Home businesses located within residential developments with limited visitor parking (such as townhome or condominium areas) shall not be permitted to generate additional traffic which causes clients or customers to park.

D. Outdoor Storage. Outdoor storage associated with a home business shall be subject to the same performance standards governing other outdoor storage on residential lots.

E. Outdoor Activity. All home business activity, except passive storage, shall be carried out within the home or an accessory building and shall not be observable by the general public or from the street in front of the residence, unless specifically approved in the home business license for such activities as outdoor play time for preschools or day care centers. Garage doors shall remain closed while business activity is conducted therein.

F. Hours of Operation. Home businesses that receive customers, clients, or students shall operate only between 7:00 a.m. and 9:00 p.m. Approval for such hours may be rescinded by the license official, or designee, if the operation of the business at such hours constitutes a nuisance.

G. Hazardous Materials. No home business shall use hazardous materials or generate hazardous wastes that increase the danger of fire or cause fumes or odors that may constitute a nuisance or pose a danger to neighboring residents. Home businesses are subject to inspection for compliance with the International Fire Code.

H. Noise and Light. All home businesses shall comply with Chapter 8.15 EMMC, Noise. Home businesses are prohibited from generating or projecting light that is objectionable or potentially harmful to other residents.

I. Exterior Appearance. No home business shall alter the exterior of the home to differ from the residential use of colors, materials, construction or lighting. The property from which a home business is conducted must be in full compliance with all other city laws, codes and ordinances.

J. Retail Sales. Home businesses are not to be established solely for the sale of merchandise (except for greenhouses or Internet- and mail-order-based home businesses). Service-related home businesses may conduct incidental retail sales; provided, that the sales do not increase traffic.

K. Traffic Generation. Traffic generation for home businesses shall not exceed 12 clients per hour and 24 per day.

L. Multiple Home Business Licenses. More than one home business license may be issued for a residence; provided, that the home businesses or the accumulative effects of the home businesses do not violate the approval criteria.

M. Building Codes. Fire inspections are required for day care providers, preschools, hair salons and other home businesses that the fire chief determines present elevated potential health and safety concerns. In these cases, the home business shall be conducted in areas of a home where the building department has issued a permit and performed the building inspections. All home businesses shall comply with the standards and requirements of the International Building Code or the International Residential Code and any requirements the chief building official and/or fire chief deem necessary to protect the health, safety, and welfare of the public.

N. Long-Term Storage. Long-term storage shall be permitted as a conditional use in agriculture, RA1, and RA2 zone developments under the following circumstances:

1. Minimum lot size: two and one-half acres.

2. All storage must be within a legal permitted enclosed structure that maintains the aesthetic qualities of the primary use of the property and the surrounding area.

3. Use must remain secondary to primary residential use of property.

4. The community development director or his/her designee may limit hours of operation and/or total number of clients if necessary to protect the character of the neighborhood. [Ord. O-12-2023 § 2 (Exh. A); Ord. O-36-2020 § 2 (Exh. A); Ord. O-26-2018 § 2 (Exh. A); Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.6); Ord. O-02-2006 § 3 (Exh. 1 § 13.6); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.6)].

The following will not be permitted as a home business by the license official, or designee, or planning commission under any circumstances: automobile-related businesses such as auto repair, body, and painting; retail or wholesale sales that are not incidental to the home business (except for point of sale that is not conducted at the home); engine repair; metal fabrication or assembly shops; sexually oriented businesses; and health care businesses containing medical, hazardous, or biological waste (not including massage therapists, chiropractors, psychiatrists, or orthodontists). [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.7); Ord. O-04-2007 § 2 (Exh. A § 13.7); Ord. O-02-2006 § 3 (Exh. 1 § 13.7); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.7)].

The license official may approve a home business license for greenhouses with retail sales of products to the public if the property has sufficient acreage and off-street parking to accommodate the business. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.8); Ord. O-02-2006 § 3 (Exh. 1 § 13.8); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.8)].

The license official, or designee, may approve a home business license for day cares and preschools that are in compliance with the approval criteria of this chapter. Day cares and preschools will be treated as any other home business. Applicants for an in-home day care shall provide evidence of any mandatory state licenses. Any day care or preschool proposed to be established within a residence that does not have typical ground level access (i.e., the upper levels of condominiums, etc.) shall be required to comply with all ingress and egress standards determined by the International Fire Code. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.9); Ord. O-02-2006 § 3 (Exh. 1 § 13.9); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.9)].

Aggrieved applicants may appeal the decision of the license official, or designee, to the planning commission within 10 days of the announced decision. In all cases, the appeal board shall conduct a public hearing and review the application of the proposed business. The planning commission may approve, approve with conditions, or deny the application of the proposed home business.

Aggrieved applicants may appeal the decision of the planning commission to the city council within 10 days of the announced decision. In all cases, the appeal board shall conduct a public hearing and review the application of the proposed business. The city council may approve, approve with conditions, or deny the application of the proposed home business.

Aggrieved applicants of the city council’s decision may appeal to district court within 30 days of the announced decision. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.10); Ord. O-02-2006 § 3 (Exh. 1 § 13.10)].

The license official or designee shall mail a statement to all licensees in the city 30 days prior to the expiration of the license held by the licensee. This statement shall identify steps needed to renew the business license. Failure to send out such notice, or the failure of the licensee to receive it, shall not excuse the licensee from the requirement to obtain a new license or a renewal of a license. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.11); Ord. O-02-2006 § 3 (Exh. 1 § 13.11); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.10)].

Home businesses that fail to maintain or that violate any approval criteria or conditions of approval that were contingent upon issuing the home business license may have the license revoked by the license official, designee or city council. Notice shall be given to the proprietor of the home business that they have 14 days to correct a violation before the permit is revoked. Persons aggrieved by the revocation of a permit by the license official, or designee, may use the appeal process to have their grievance heard. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-05-2010 § 2 (Exh. A); Ord. O-10-2007 § 2 (Exh. A § 13.12); Ord. O-02-2006 § 3 (Exh. 1 § 13.12); Ord. O-23-2005 § 3 (Exh. 1(1) § 13.11)].

“Second kitchen or kitchenette” means an additional kitchen or kitchenette added to a primary dwelling structure or an accessory structure that contains, at a minimum, a water connection and a 220-volt outlet or gas connection. The additional kitchen or kitchenette is not used for an accessory dwelling unit. [Ord. O-33-2024 § 2 (Exh. A)].

This chapter provides information and the process to permit second kitchens or kitchenettes in primary dwelling structures or accessory structures. [Ord. O-33-2024 § 2 (Exh. A)].

Proposed second kitchens or kitchenettes must be in compliance with the following criteria to ensure that the intended residential characteristics of neighborhoods are preserved. The approval criteria include:

A. The primary dwelling unit shall have only one front entrance, one address, and one of each applicable utility meter.

B. An interior access shall be maintained to all parts of the primary dwelling to assure that an accessory dwelling unit is not created. There shall be no keyed or dead bolt locks, or other manner of limiting or restricting access from the additional kitchen(s) to the remainder of the primary dwelling unit.

C. Additional kitchen(s) may exist as part of the primary dwelling unit or be installed in an accessory or “out” structure; provided, that no second dwelling unit or accessory dwelling unit is established in the primary dwelling unit or accessory structure.

D. Upon request made by Eagle Mountain City staff, residents of the primary dwelling unit shall allow, within reasonable hours, an inspection of the dwelling unit and any accessory structure to the primary dwelling unit which has an additional kitchen in order to determine compliance with this section.

E. The primary dwelling unit owner shall sign an agreement, prepared by the planning director, which provides that the primary dwelling unit, including any accessory structures on the property, may not be converted into two or more dwelling units unless allowed by and in accordance with applicable provisions of this title. The document shall be recorded with the Utah County recorder’s office prior to issuance of a building permit.

F. When an additional kitchen is approved under the provisions of this section, both present and future owners of the primary dwelling unit shall limit the primary dwelling unit to family occupancy only, except for occupation by a live-in maid, in-home nurse, nanny or any other person or persons who are provided a place to live as part of their employment with, or services they provide to, the owner/resident of the primary dwelling unit; or while a family member is called up for military service, etc.; and any occupation by individuals related by blood or marriage.

G. Construction of any such kitchen shall meet the standards of the adopted building code and may require the issuance of an Eagle Mountain City building permit prior to commencing any construction or remodeling to accommodate the additional kitchen.

H. If the property owner(s) or future owner(s) requests to apply for an owner-occupied accessory dwelling unit permit, and a permit is granted, the limitations of the second kitchen or kitchenette agreement shall be null and void. [Ord. O-33-2024 § 2 (Exh. A)].

Accessory Dwelling Unit. An accessory dwelling unit is an independent habitable living unit, with a kitchen, bath facilities, and its own entryway, which is: (1) within or attached to an owner-occupied single-family residential dwelling, or (2) within a separate detached accessory structure, or above a detached garage, on a single-family lot. Does not include motor homes, fifth-wheels, travel trailers, campers, or other housing units on wheels. [Ord. O-41-2021 § 1 (Exh. A)].

This chapter provides a process to allow affordable housing within the city through accessory dwelling units within single-family detached dwellings or in separate detached structures in zoning districts specified in this title. The standards in this chapter include reasonable limitations to minimize impact on neighboring properties. [Ord. O-41-2021 § 1 (Exh. A)].

Proposed accessory dwelling units must be in compliance with the following criteria to ensure that health and safety considerations are addressed and that the residential characteristics of neighborhoods are preserved. Accessory dwelling units are to be clearly incidental and secondary to the primary residential use of the property. The approval criteria include:

A. Number of Accessory Dwelling Units. A maximum of one accessory dwelling unit is allowed on a residential lot, whether it is in an owner-occupied single-family dwelling, or in a detached accessory structure associated with a single-family dwelling.

B. Occupancy and Owner Occupation. The owner(s) of the residence shall live in the dwelling in which the ADU was created (either in the primary unit or in the ADU), except for bona fide temporary absences. The occupants of the ADU shall be related to each other by blood, marriage, or adoption; or consist of no more than two unrelated individuals living as a single housekeeping unit. The occupants of the ADU shall not sublease a portion of the unit to other individuals. The following are not considered accessory dwelling unit uses and do not fall under the regulation of this chapter: occupation by a live-in maid, in-home nurse, nanny or any other person or persons who are provided a place to live as part of their employment with, or services they provide to, the owner/resident of the dwelling; or while a family member is called up for military service, etc.; and any occupation by individuals related by blood or marriage.

C. Code Compliance. The accessory dwelling unit shall conform to all applicable standards in the International Fire Code and International Residential Code.

D. Location and Type. Accessory dwelling units may be allowed within or attached to the main single-family residential dwelling, over the garage (attached or detached), or in a detached accessory structure (cottage home, casita, guest house), where permitted by EMMC 17.25.030.

1. ADU – Basement. An accessory dwelling unit in a basement must have a separate exterior entrance located on either the side or the rear of the building. An internal connection to the primary dwelling is not required.

2. ADU – Attached. Accessory dwelling units attached to the primary dwelling as an addition shall meet all minimum setback standards required for the primary dwelling, as found in EMMC 17.25.040. Attached ADUs must have a separate entrance located on the side or in the rear of the building. An internal connection to the primary dwelling is not required.

3. ADU – Detached.

a. Maximum Height. Maximum height of accessory dwelling units located above a garage is 35 feet. Standalone units may not exceed two stories and 35 feet in height.

b. Size. The living space of a detached accessory dwelling unit must be a minimum of 400 square feet, up to a maximum of 1,200 square feet. Detached accessory dwelling units may not have more than two bedrooms and must be permanently connected to utilities, attached to a site-built permanent foundation which complies with building code, and must comply with all other applicable standards of this chapter. A building permit and inspections are required for construction of the foundation and installation of the structure and connection to utilities.

c. Setbacks. Detached accessory dwelling units must meet the same front, side, and rear yard setbacks as the primary dwelling and be located at least six feet from the primary dwelling.

d. Street Frontage. The lot must have a minimum street frontage of 70 feet to receive approval for a detached accessory dwelling unit. A smaller-frontage lot may be approved if, at the discretion of the approval authority, the lot configuration is unique and/or the primary dwelling unit is unique in size or location on the lot, and the impacts to neighbors and the street are substantially similar to those on a 70-foot-wide lot.

E. Exterior Appearance. The accessory dwelling unit shall be incorporated into the residence so that, to the degree reasonably feasible, the appearance of the building remains that of a single-family residence. All entrances to accessory dwelling units shall be located on the side or in the rear of the building. The architectural style, building materials, and colors of detached ADUs shall be compatible and consistent with the architectural style, materials, and color of the primary dwelling unit. If the ADU is above a detached garage, the architectural style, building materials, and colors of the ADU must match those of the garage.

F. Utilities. Detached accessory dwelling units may have separate utility meters, and all municipal utilities shall be in the property owner’s name and the property owner shall be responsible for payment of all municipal utilities.

G. Parking. Off-street parking for two vehicles shall be available for use by the tenants of the accessory dwelling unit. Driveway parking in front of a garage does not qualify, unless the accessory dwelling unit is located within such garage, in which case the required parking for the primary dwelling within an enclosed garage, as required within Chapter 17.55 EMMC, shall be provided elsewhere on the property. All parking shall be on a hard surface (concrete, asphalt, etc.). Occupants may not park on the street along the frontage of a neighboring property.

H. Address. The principal dwelling and the accessory dwelling unit shall have the same address number but shall refer to the accessory dwelling unit as unit “B.” The address must be located in a visible location on the street frontage side of the home.

I. Short-Term Rental Prohibited. Accessory dwelling units may not be rented for a period of less than 30 consecutive days. [Ord. O-03-2024 § 2 (Exh. A); Ord. O-33-2023 § 2 (Exh. A); Ord. O-17-2023 § 2 (Exh. A); Ord. O-41-2021 § 1 (Exh. A)].

Any person owning an existing accessory dwelling unit that has not been permitted by the city, or any person constructing or causing construction of a residence that has an accessory dwelling unit, or any person remodeling or causing the remodeling of a residence for an accessory dwelling unit, shall obtain an accessory dwelling unit permit from the planning division of the city’s community development department. This shall be in addition to any required building permit for the work to be performed. The applicant shall obtain all necessary building permits and pay all applicable fees prior to constructing the ADU, including permits for a basement that was finished previously without a permit. Accessory dwelling units constructed without an approved accessory dwelling unit permit shall be considered illegal until a permit is submitted to and approved by the city.

A. Applications. Applicants for an accessory dwelling unit shall submit a complete application and the supporting materials listed in this section to the planning division of the community development department.

1. Owner Signature. The owner shall sign the application, agreeing to occupy the dwelling (either the primary unit or the ADU), except for bona fide temporary absences, and agreeing to comply with the standards in this chapter.

2. Site Plan. A site plan shall be provided that shows property lines, dimensions, the location of existing buildings and building entrances, proposed buildings or additions, dimensions from buildings to property lines, the location of required off-street parking, and utility meters.

3. Floor Plan. A detailed floor plan, to scale, showing the floor in which the accessory dwelling unit will be located, including labels on rooms indicating uses or proposed uses, shall be provided.

4. Evidence of Building Permit. Evidence shall be provided that a building permit was obtained for the building and/or area containing the accessory dwelling unit.

5. Fee. The processing fee required by the current consolidated fee schedule approved by the city council shall be paid in full.

B. Planning Director or Designee Approval. The planning director or designee shall approve an accessory dwelling unit application if it is in complete compliance with all the approval criteria standards identified in this chapter. As part of the planning director’s or designee’s review, inspections may be required by the planning, building, and/or fire departments.

C. Exceptions to Standards. Accessory dwelling unit applications that deviate from the approval criteria may be considered by the planning commission in a public meeting. After conducting a public hearing and reviewing the application, the planning commission may approve, approve with conditions, or deny the application. Applicants requesting exceptions are not guaranteed approval and must provide evidence that the exceptions will not create negative impacts on neighboring properties. Conditions must be connected to the exceptions being requested, and may include increased setbacks, limitations on windows and doors adjacent to abutting property lines, privacy fencing, and additional parking.

D. Transfer of Ownership. Upon sale of the home or transfer of ownership, accessory dwelling unit permits shall remain valid so long as the accessory dwelling unit is in compliance with the city’s ordinances and conditions of approval. [Ord. O-41-2021 § 1 (Exh. A)].

Owners of the single-family dwelling where the accessory dwelling unit use has been approved shall be responsible for their property’s compliance with the city’s ordinances and conditions of approval. Property owners who fail to maintain or violate the city’s ordinances regulating accessory dwelling unit use or conditions upon which approval was contingent may have the accessory dwelling unit permit revoked by the planning director, designee or planning commission. Enforcement will occur in accordance with Chapter 4.10 EMMC, Article V, Administrative Code Enforcement Hearing Program. [Ord. O-41-2021 § 1 (Exh. A)].

This chapter provides standards and guidelines for the site and building design of commercial and multifamily developments. Although these standards are not required for industrial parks, warehouses, or large corporate office or campus developments, they are highly encouraged. [Ord. O-11-2008 § 3 (Exh. B § 24.1)].

The purpose of this chapter is to provide standards and guidelines to enhance the visual quality of development, to help create developments that encourage pedestrian activity, to promote buildings of lasting architecture and aesthetic appeal, to increase functionality and safety of parking areas for pedestrians and vehicles, to minimize the visual expanse of pavement through good site design, and to ensure that a sense of place is created and maintained while the city experiences growth and development. This chapter shall be applied to all commercial and multifamily projects within the city and shall be reviewed during the site plan application process. [Ord. O-11-2008 § 3 (Exh. B § 24.2)].

The arrangement of different elements of a project on the site is vital to creating an environment that is focused on the street and the pedestrian, rather than the vehicle and parking areas. A site can be designed to be visually appealing from the street and still be functional and safe for vehicular circulation and pedestrian access. Minor variations to these standards may be considered by the planning commission and city council if a property contains one of the following constraints: wetlands, steep hillsides, major drainage washes, unusual property shape, existing easements, or a similar constraint/difficulty that can be directly tied to a design standard and adequately justified by the applicant.

A. Building Location. Buildings should be located at or near the minimum front setback line, with pedestrian access leading to the primary entrance and landscaping placed between the building and the street. Parking should be located to the side or the rear of commercial buildings, not between the street and the building. If parking is situated between the building and the street, significant increases in landscaping, berming, and architectural features are required to break up and screen the expanse of pavement.

1. Commercial Building Orientation. The primary entrance to a commercial building should be oriented toward the street and the sidewalk. Orienting the primary entrance to a parking area without addressing the street-facing facade with entrances, display windows, awnings, increased architectural elements, increased landscaping, and/or other pedestrian-oriented features is prohibited.

2. Multifamily Building Orientation. Multifamily developments often have buildings facing onto internal courtyards and open space. The buildings adjacent to streets, however, shall front those streets and provide a primary entrance toward the street. If the side of a building faces a street, an entrance should be provided on that facade. Blank walls and/or rear facades should not be placed adjacent to streets. Orienting the primary entrances to a courtyard or open space without addressing the street-facing facade with entrances, windows, awnings, increased architectural elements, increased landscaping, and/or other pedestrian-oriented features is prohibited.

B. Commercial Parking Location. Locate surface parking to the side or the rear of buildings. Parking should not be located between any commercial building and the street. This is especially important on corners. Large 30,000+ square-foot buildings shall follow the same standard, or be designed with pad site buildings along the street edge to screen the expanse of pavement.

Inappropriate – Parking and pavement between pad site buildings and street; buildings do very little to screen parking

Appropriate – Pad site buildings are placed at street edge and shield a majority of the parking area

Discouraged – Parking between building and street

Appropriate – Parking to the side of the building and behind the front facade of building

C. Multifamily Parking/Garages. Garages and parking areas should be placed to the rear of buildings, accessed by a service drive. If garages are placed on the front facade, they shall be staggered and set back so as to minimize their appearance from the street. Garages shall never dominate the street-facing facade of a building.

1. Fire Access.

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

Appropriate – Multifamily facades not dominated by garages

Garages accessed by private service drive

D. Open/Plaza Space. It is important to treat the unbuilt portion of a site as a designed, functioning space. The different elements of a site shall be arranged in a way that maximizes useable open/plaza space. This is especially important in multifamily projects. Buildings should be clustered and open space should be combined in larger, more useable areas. Creativity with open space design is also encouraged.

Buildings are clustered to maximize useable open space

Plaza and open space within retail developments enhances the pedestrian and shopping experience

[Ord. O-46-2023 § 2 (Exh. A); Ord. O-02-2019 § 2 (Exh. A); Ord. O-11-2008 § 3 (Exh. B § 24.3)].

The architectural elements of a building can either enhance the building’s visual appeal or detract from the quality of the neighborhood. In order to prevent the construction of bland, out-of-scale buildings that are oriented to vehicular traffic and discourage pedestrian activity, the following minimum architectural standards shall be applied to commercial and multifamily development. Minor variations to these standards may be considered by the planning commission and city council with very specific justification provided by the applicant of how the proposal is more appropriate for the neighborhood and of higher quality than the standard.

For the purpose of this section, a duplex or twin home shall not be considered a multifamily dwelling. The architectural design standards contained in this section shall not apply to duplex or twin home dwellings unless contained in a development agreement.

A. Architectural Style/Theme. Commercial buildings should be similar in style as significant adjacent buildings. All facades of commercial and multifamily structures shall be designed with consistent architectural style, detail, and trim features as the primary facade. Separate structures on the site shall be designed similar to the primary structure, including colors, materials, and design elements.

B. Main Entrance. The main entrance of a structure should orient to major sidewalks, pedestrian ways, plazas, courtyards, or other public spaces. It shall also be clearly identifiable, and consist of a sheltering element such as a porch, stoop, awning, arcade, or portico.

Clearly identifiable covered entry

Multifamily unit entry defined with covered porch

Inappropriate: Entryway not clearly defined; no sheltering element

C. Roof Design. The primary roof form of a structure should help reduce the perceived scale of the building. All commercial buildings shall contain either sloping roofs with overhanging eaves, or a decorative parapet and multiple roof planes and heights. Decorative cornices and roof projections such as cupolas or towers are also encouraged. Multifamily buildings shall contain overhanging eaves and multiple roof planes when pitched roofs are used, and varying parapet heights when flat roofs are used.

Decorative parapets and multiple roof planes/projections

D. Building Articulation. Vertical and horizontal articulation and relief reduces the perceived scale of buildings. Buildings shall include facade modulation (stepping portions of the facade), horizontal and vertical divisions (textures or materials), window patterns, offsets, recesses, projections, varied front setbacks or staggered and jogged unit planes within the same structure, and other techniques to help identify individual residential units in a multifamily structure, and to avoid large, featureless and/or panelized surfaces on commercial buildings. Large uninterrupted expanses of a building wall are prohibited.

Appropriate Articulation

Inappropriate Articulation

Inappropriate building articulation

E. Architectural Detailing. Pedestrian-scaled architectural features/details shall be incorporated into commercial and multifamily buildings to orient the building to pedestrian activity and to increase the overall visual appeal of the structure.

1. Commercial buildings shall incorporate a majority of the following architectural details: reveals, canopies, awnings, popouts, columns, decorative trim and moldings, architectural lighting, ornamental cornices, decorative masonry pattern, decorative doors and windows, exposed timbers, and trellis structures. All sides of a building shall include the chosen details.

Area between building entrances is treated with awning and windows to create a pedestrian-friendly environment

Appropriate use of awnings, building materials, and windows addressing the street and sidewalk

Trellis structure, decorative parapet, building articulation, awnings

Tower feature, overhanging eaves, decorative windows, mix of building materials, trellis structures, etc.

2. Multifamily townhome buildings shall incorporate a majority of the following architectural detailing: decorative shutters, bay windows, popouts, trellis or arbor structures, porches, decorative gables, dormer windows, exposed timbers, balconies, columns, turrets, decorative trim and moldings, detailed grilles and railings, architectural lighting, decorative masonry pattern, window grids, and decorative doors and windows. All sides of a building shall include the chosen details, where applicable.

3. Multifamily stacked buildings shall incorporate a majority of the following architectural detailing: decorative shutters, bay windows, popouts, trellis or arbor structures, porches, decorative gables, dormer windows, exposed timbers, columns, turrets, decorative trim and moldings, detailed grilles and railings, architectural lighting, decorative masonry pattern, window grids, and decorative doors and windows. All sides of a building shall include the chosen details, where applicable. In addition to the above standards, the following shall apply:

a. Each unit above grade shall include a minimum of a 50 square foot balcony;

b. At grade or below grade units shall include a minimum of a 75 square foot patio; and

c. If rooftop amenities are provided, such amenities shall not be used in the calculation of overall required development amenities.

Porches, window grids, material mix, building articulation

Porch, balcony, columns, building articulation, window grids, decorative garage doors, decorative roof treatments, multiple roof planes, variation in building color and materials

F. Building Materials. Buildings should incorporate materials used throughout the city and be similar in character and architectural theme as significant neighboring structures.

1. Multifamily structures shall utilize at least two exterior materials, including stucco, vinyl or fiber/cement siding, decorative rock/stone, brick, or other material deemed appropriate by the planning director. Each material shall be used on a minimum of 30 percent of the building, and used on all sides of the building. Other materials may be included as accents. Aluminum siding is prohibited.

2. All commercial buildings shall avoid large panelized products or featureless surfaces. Commercial buildings shall utilize an appropriate mixture of building materials on all sides, including brick, rock, fiber/cement siding, wood, glass, stucco, and colored architectural CMU (concrete masonry unit). Stucco may not be used on more than 50 percent of a building. Metal, plain CMU, or other materials deemed appropriate by the planning commission and city council may be used as accents only.

Varied materials: brick, stone, decorative CMU, and even tile and metal – identifiable franchise elements

Architectural detailing and mixture of materials on all sides – especially all street-facing sides

G. Building Color. Buildings should not be restricted to using desert landscape colors, such as beige, tan, grays, browns, etc. A wide palette of colors is recommended, excluding any neon, ultra-bright, or reflective colors. A building’s color palette should be similar to that of significant neighboring structures. Franchise colors and elements may be incorporated, but shall not overpower the architectural form/theme of the building and/or development.

Inappropriate: bright colors and creative architecture overpower the building form and clash with architecture and theming of neighboring buildings and community

H. Multifamily Garage Doors. Garage doors shall not be the most prominent or visible feature on a building. They shall be accessed from the side or rear, or set back from the front facade. If garages are visible from the street, white doors are discouraged. Decorative doors are encouraged.

I. Lighting. All lighting shall be designed to be shielded and directed downward to prevent light glare from adversely affecting neighboring uses/properties. The light bulb or light source of building lighting shall not be visible from beyond the property. Building lighting and parking lot lighting should be decorative in design to add to the architectural style and character of the building and area. Lighting shall be reviewed based on aesthetics, glare, and adequate light for safety. A lighting plan and lighting design details are required with a site plan application.

J. Mailbox Structures. Cluster mailboxes are generally required by the U.S. Postal Service for multifamily developments. These mailboxes, however, should not detract from the project, as they generally do when designed as a metal structure. Cluster mailboxes should emulate the buildings in materials and color.

Inappropriate

Appropriate

K. Mechanical Equipment. All mechanical equipment shall be screened so as not to be visible from any public or private streets. Screens shall be aesthetically incorporated into the design of the building and shall conform to the color and materials of the primary building. Screening includes walls, landscaping, parapet walls, or a combination. All electrical service equipment should be painted to match the wall color or screened to blend with the surrounding terrain.

Screening for mechanical equipment matches building in material and color

L. Storage, Loading Areas, and Trash Enclosures. Storage and loading areas and trash enclosures shall be located out of view from public streets, and shall be screened and designed with the architectural style of the building, including materials, colors, details, etc. Chain link fences and fencing with vinyl slats are prohibited as screening. The consolidation of trash areas between businesses is encouraged.

Screening wall – same materials as building

[Ord. O-50-2023 § 2 (Exh. A); Ord. O-11-2023 § 2 (Exh. A); Ord. O-09-2017 § 2 (Exh. A); Ord. O-25-2008 § 2 (Exh. A §§ 24.4.9 – 24.4.12); Ord. O-11-2008 § 3 (Exh. B § 24.4)].

This chapter identifies various supplemental land use provisions applicable to all zoning districts. [Ord. O-27-2020 § 2 (Exh. A)].

The purpose of this chapter is to provide supplemental land use provisions that apply to conditional and special uses in all zoning districts which are designed to protect and preserve the general health, safety and welfare of the public. [Ord. O-27-2020 § 2 (Exh. A)].

In addition to the standards included in this chapter, all other chapters shall apply to the uses as applicable including, but not limited to, Chapter 17.55 EMMC, Off-Street Parking; Chapter 17.56 EMMC, Outdoor Lighting Standards; Chapter 17.60 EMMC, Landscaping, Buffering, Fencing and Transitioning; Chapter 17.62 EMMC, Ridgeline Protection Standards; Chapter 17.72 EMMC, Commercial and Multifamily Design Standards;

Chapter 17.80 EMMC, Sign Regulations and Sign Permits; and Chapter 17.100 EMMC, Site Plan Review.

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-27-2020 § 2 (Exh. A)].

Article II. Residential-Related Uses

Development or operation of a group day care or preschool center must be approved by the planning commission, and must be found to conform to the following requirements:

A. Nuisance/Threat. It shall not create a nuisance or pose a threat of danger to persons or property on existing or proposed land uses within the vicinity.

B. State Recommendation. It shall receive the approval of the Utah State Department of Social Services.

C. Parking. It shall provide required parking spaces on the site and an adequate pickup and delivery area.

D. Frontage. The site shall have frontage on a street with an existing or proposed right-of-way of 60 feet or greater.

E. Nonresidence. Overnight housing is not permitted. [Ord. O-27-2020 § 2 (Exh. A)].

Assisted living facilities may be permitted only where:

A. State Licensing Required. All assisted living facilities shall receive the approval and license from the Utah Department of Human Services.

B. Building Design. All buildings shall comply with the requirements of Chapter 17.72 EMMC.

C. Building Placement and Orientation. All buildings in the assisted living facility shall front onto a right-of-way that is accessible to emergency vehicles, unless an alternately appropriate orientation toward an inner courtyard or green space is approved along with a site plan.

D. Site Plan. All assisted living facilities shall be subject to the site plan review process outlined in Chapter 17.100 EMMC and have an approved site plan with the following:

1. Parking areas, service areas, buffers, entrances, exits, yards, courts, landscaping, graphics, and lighting shall be designed as integrated portions of the total development and shall present a residential character.

2. Pedestrian and automobile circulation shall flow in a logical manner and integrate neighborhood street connectivity.

a. To encourage connectivity, assisted living facilities shall emulate the existing neighborhood street pattern and design and connect to public street networks and adjacent private street networks at all logical points.

b. The project shall be served by an internal pedestrian and automobile system which provides safe and convenient access to each dwelling unit and adequate circulation within the project.

c. Traffic calming measures such as lateral shifts, raised crosswalks, bulb outs, or chicanes shall be incorporated where appropriate.

d. Pedestrian pathways shall be provided between access points, entryways, public gathering nodes, and parking areas. Pedestrian access points shall be installed between the project and the external neighborhood.

E. Residents. No person who is being treated for alcoholism or drug abuse may be placed in an assisted living facility. [Ord. O-27-2020 § 2 (Exh. A)].

“Disability” is defined in Section 57-21-2, Utah Code Annotated 1953.

A. Application. A special use application for this use must include the following information:

1. Ownership Affidavit. A document detailing all covenants, grants of easement or other deed restrictions applicable to the site and an ownership affidavit shall be submitted.

2. Vicinity Map. A vicinity map (which can be included on the site plan) showing the general location of the subject parcel.

3. Context Plan. A context plan including the existing features within 200 feet of the proposed site plan property line. Existing features include, but are not limited to, natural drainages, topography, buildings, ingress and egress points, landscaping areas, pedestrian paths, names of surrounding property owners and their respective locations.

4. Site Plan. A site plan is required and must be prepared and stamped by licensed and/or certified professionals.

5. Landscaping Plan. A landscaping plan, prepared and stamped by a licensed landscape architect, indicating the location, spacing, types and sizes of landscaping elements, sprinkler system plans, existing trees, and showing compliance with the city’s off-street parking requirements, the city’s design guidelines and policies, and the requirements of the appropriate zoning district.

6. Elevations. Elevations of all buildings, fences and other structures viewed from all sides indicating heights of structures, the average finished grade of the site at the foundation area of all structures, percentage of building materials proposed, and color of all materials. A letter of approval from the applicable architectural review committee must also be submitted.

7. The maximum number of residents being proposed.

8. A thorough description of the conditions/diagnoses that are requiring these individuals to stay at a group home.

9. The number of trained professionals/supervisors that will be on site at a time.

10. Any special precautions planned to keep visitors and neighbors safe and nuisance-free.

11. A floor plan showing the exact places of residence, restroom facilities, location of office staff, as well as any security measures taken.

12. Sufficient information to show compliance with all requirements of this section.

B. Approval Process. Upon being approved by the city, the operator of the facility shall secure a business license from the city.

C. A special use shall be approved by the city based only on compliance with the following requirements (and those of a subsequent section, if applicable):

1. The group home shall be occupied by no more than eight residents who meet the following criteria as individuals who are disabled or handicapped: having a physical or mental impairment that substantially limits one or more of a person’s major life activities. “Persons with a disability” does not include persons diagnosed with kleptomania, pyromania, transvestism, pedophilia, exhibitionism or voyeurism, or any history of sexual or physical assault, not resulting from physical impairments or other disorders.

2. Occupancy by any paid, professional staff member shall only be allowed if such occupancy is primarily for the purpose of serving the residents and not primarily a benefit of employment to the staff member.

3. The applicant must verify compliance with all applicable requirements, regulations, and standards of the Utah State Department of Human Services and the owner/operator shall obtain all licenses required by the state to operate such a home.

4. The group home shall conform to all state and local building, safety, health, and zoning requirements applicable to similar structures.

5. Separation. No residential group home or facility may be located within a one-mile radius of another existing group home of any type, measured in a straight line from property line to property line.

6. Nuisance/Threat. It shall not create a nuisance or pose a threat of danger to persons or property on existing or proposed land uses within the vicinity.

7. Parking. A parking plan and improvement schedule shall be submitted, including a minimum of one parking stall for each resident of the group home in order to properly provide for staff and visitor parking, landscaping to screen the parking areas, and a schedule for completion of the additional parking and landscaping. A pickup and delivery area shall be provided if appropriate. Parking areas shall not be allowed to change the residential character of the property.

8. The only outdoor signage permitted is a nameplate and address sign no larger than two square feet, and property control signs (no parking, no trespassing, etc.).

9. The group home shall not be made available to or occupied by any individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in physical damage to the property of others. An individualized written assessment of each person who is proposed to become a resident of the group home shall be performed to determine if such person would constitute a direct threat prior to allowing occupancy of the group home by such person. The assessment shall be performed and certified by an independent medical doctor (MD), licensed clinical social worker (LCSW), licensed professional counselor (LPC), licensed psychologist, licensed psychiatrist, licensed substance abuse counselor (LSAC) or nurse practitioner (APRN) that is licensed and approved by the Utah Department of Professional Licensing (or other equivalent licensing board of another state) and certified in mental health counseling. The licensee shall not admit any person who has a history of sexual or physical violence or who may be a threat to themselves or someone else. The licensee shall provide documentation to the Utah Department of Human Services, Office of Licensing, that an individualized assessment has been performed for each resident, and no person will or does reside in the facility whose tenancy would likely constitute a direct threat to the health or safety of other individuals or whose tenancy would result in physical damage to the property of others.

10. The residents must be properly supervised and monitored on a 24-hour basis.

11. The group home shall be used as a group home without structural or landscaping alterations that would change the structure’s residential character. Landscaping shall be established and well-maintained in a manner consistent with the standard of maintenance for yards and landscaping of other homes in the immediate neighborhood.

12. No person sentenced for a felony crime of possession with intent to distribute a controlled substance, distribution of a controlled substance, a crime involving the use of a weapon, firearm or violence, burglary, unlawful entry, or sexual crimes shall be an occupant or staff member in the group home.

13. No professional counseling, therapy or other treatment shall be provided in the group home for any person other than a resident or invited guest of the resident of the group home.

14. The licensee shall maintain and provide sufficient documentation and other evidence reasonably required by the Utah Department of Human Services, Office of Licensing, and will be available for inspection upon request to establish compliance with the requirements of these conditions for use of the premises as a group home. Appropriate authorities and licensing entities shall have the right to inspect appropriate documentation upon request to verify compliance.

15. The licensee shall at a minimum provide the following information and shall notify the city whenever any of the following information changes:

a. The name, address, and telephone number of the licensee or applicant;

b. The name, address, and telephone number of each person who has an interest in the ownership or operation of the group home whether personally or through a partnership, corporation, trust or other entity;

c. Any changes to the group home’s policies and procedures manual (including house rules).

16. The licensee (or designee) shall maintain compliance with the requirements of all conditions under their licensure (including conditional use permit conditions). In addition, upon receipt of notice of a possible violation, the licensee (or designee) shall immediately investigate whether a violation has occurred and take appropriate enforcement action. The licensee must comply with and assist the Utah Department of Human Services, Office of Licensing, and/or the city in investigating complaints or licensing violations.

17. The city may deny the issuance of a license to operate the group living home to a person (including any entity) if the city reasonably finds that issuance of a license or permit to such person would likely create a threat to the health or safety of other individuals or would likely result in physical damage to the property of others. The city may also deny the issuance of a permit if the applicant or any person described in compliance with subsection (C)(16) of this section has a history or has been found guilty of operating a similar facility in violation of state or local law.

18. The permit and license issued pursuant to the conditions set forth herein shall be nontransferable and shall terminate if the structure is devoted to a use other than a group home or the structure or use fails to comply with all conditions, building, safety, health and zoning requirements of the Eagle Mountain Municipal Code applicable to similar structures.

19. Failure of the licensee to comply with or to enforce any of the conditions herein shall result in a review of noncompliance by the Utah Department of Human Services, Office of Licensing, which may result in fines, probation, and revocation of licensure. If the Utah Department of Human Services, Office of Licensing, revokes the license for this location, this conditional use permit automatically expires. Conditions violated that are not enforced by the Utah Department of Human Services, Office of Licensing, may lead to violation notices and fines by the city, and eventual revocation of the business license and conditional use permit. A first violation shall result in a violation notice. A second violation occurring within any 18-month period shall result in a fine of $500.00 to the licensee. A third violation occurring within any 18-month period shall result in a fine of $2,000 to the licensee. The fines set for violation as provided herein shall be paid within 10 days of receipt of the notice of the imposition of the fine. A fourth violation occurring within any 18-month period shall result in the revocation of the license to operate the group home and no license shall be reissued to the licensee, the principals of the licensee if the licensee is an entity, or any alter ego of the licensee for a period of at least two years following such revocation. Eagle Mountain City shall have the right to deny a permit to any individual or entity (or their principals or alter ego) that has had more than one revocation of a permit to operate a group home.

D. As provided for by the Fair Housing Act, an applicant may request a reasonable accommodation to a requirement if it is necessary to afford persons with disabilities an equal opportunity to use and enjoy housing. This is done as part of the conditional use application. Requests for modifications of requirements are unreasonable if the request imposes an undue burden or expense on the city or the use fundamentally alters the zoning scheme. [Ord. O-27-2020 § 2 (Exh. A)].

In addition to the requirements of EMMC 17.75.043, a residential juvenile group home must be found to conform to the following additional requirements:

A. The applicant must verify compliance with all applicable requirements, regulations, and standards of the Department of Human Services of the state of Utah governing the licensing and operation of juvenile group homes.

B. The facility shall be occupied only by individuals under the age of 18 and paid, professional staff members.

C. A juvenile group home shall not include any persons referred by the Utah State Department of Corrections, any adult or juvenile court, or the juvenile justice system.

D. No individual who has an impairment due to addiction of any controlled substance or alcohol and currently uses such controlled substance or alcohol may be a resident.

E. A juvenile group home shall not provide outpatient treatment. [Ord. O-27-2020 § 2 (Exh. A)].

In addition to the requirements of EMMC 17.75.043, a residential rehabilitation and treatment group home must be found to conform to the following additional requirements:

A. All staff members shall be over the age of 18. The group home shall be occupied only by individuals over the age of 18 who meet the following criteria as individuals who are disabled or handicapped: having a physical or mental impairment that substantially limits one or more of a person’s major life activities. Admission criteria may also include but are not limited to the following:

1. Individuals who have been diagnosed with an addiction to alcohol or a controlled substance (as defined in Section 58-37-2, Utah Code Annotated 1953, as amended) who are not currently using controlled substances and are medically stable;

2. Individuals who are unable to abstain from the use of alcohol or a controlled substance without the structured supportive setting offered by a group home; and

3. Individuals who have completely and voluntarily abstained from the use of alcohol and all controlled substances and are medically clear for treatment.

B. The licensee shall not allow any person to become a resident of the group home until the licensee has verified compliance with the requirements of subsection A of this section. For purposes of verifying compliance with subsections (A)(1) and (2) of this section, the licensee shall obtain written certification, from a medical doctor (MD), licensed clinical social worker (LCSW), licensed professional counselor (LPC), licensed psychologist, licensed psychiatrist, licensed substance abuse counselor (LSAC) or nurse practitioner (APRN) certified in mental health and substance abuse counseling, that the proposed resident meets the criteria of those subsections. For purposes of verifying compliance with subsection (A)(3) of this section, the licensee shall keep current statistics, census records, clinical records and documentation of medical stability. Statistic and census records that are not protected by confidentiality may be viewed by licensing entities upon request.

C. All residents in the home must completely abstain from using alcohol and controlled substances during the period that they are residents in the group home. Any resident of the group home who uses alcohol or a controlled substance, whether on or off the premises, shall be immediately expelled from the home and shall not be readmitted without meeting the screening criteria in subsection A of this section. However, nothing contained herein shall be construed to prohibit a resident from taking a prescription drug for which a resident has a valid and current prescription.

D. No, alcohol, unprescribed controlled substances or drug paraphernalia shall be allowed on the premises of the group home. Firearms shall be prohibited on the premises and may be carried only by private security or uniformed peace officers that hold legal permits to carry. No resident of the group home shall initiate any contact of any kind with residents of the neighborhood except:

1. In the case of notice or prevention of an emergency which may cause personal injury, death or substantial property damage.

2. Residents who are cleared by staff to attend local worship services.

E. In order to verify ongoing abstinence from drugs and alcohol, each resident shall submit to at least three random urinalysis tests per month that test for the presence of alcohol and controlled substances. Any resident testing positive for alcohol or nonprescribed drugs, or who refuses to submit to a test, shall be immediately expelled from the group home. The licensee shall maintain records of urinalysis test results. Such records are available to the Utah Department of Human Services, Office of Licensing, for inspection upon request. At least one substance abuse or alcohol testing method must occur daily, including one of the following: urinalysis, blood, hair follicle, and breathalyzer or visual. The licensee tracks statistics on race, gender, relapse, and many other verifiable conditions that may be made available upon request. [Ord. O-27-2020 § 2 (Exh. A)].

A caretaker dwelling shall comply with the following:

A. A single caretaker dwelling shall be incidental and accessory to the primary use of the property;

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

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

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

E. One caretaker dwelling is allowed per principal use;

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

G. Any person occupying shall submit evidence of compliance with this section upon request of the city. [Ord. O-35-2023 § 2 (Exh. A)].

Article III. Civic-Related Uses

Schools may be permitted only where:

A. Parking and Vehicle Stacking.

1. Parking requirements shall comply with Chapter 17.55 EMMC.

2. Adequate off-street stacking areas which are completely contained on site for student pickup and drop-off are required. No off-site stacking is permitted.

B. Pedestrian Access.

1. All driveways on the school property shall have at least one sidewalk.

2. Primary pedestrian crossings shall employ traffic calming features such as speed tables and striping. Secondary pedestrian crossings shall employ a minimum of striping and signs.

C. Setbacks (Charter Schools). Outdoor play areas shall be set back from property lines by at least 15 feet made up of substantial landscaping, fencing or wall, and berming where feasible. [Ord. O-04-2023 § 2 (Exh. A); Ord. O-27-2020 § 2 (Exh. A). Formerly 17.75.052].

A. Main structure height shall not exceed 35 feet.

B. Nonhabitable ancillary structures such as steeples or other similar structures that are generally located on the roof of a religious or cultural meeting hall may extend to a maximum overall height of 70 feet. [Ord. O-50-2023 § 2 (Exh. A)].

Article IV. Commercial-Related Uses

Animal care services may be permitted only where:

A. Nuisance. The use will not be a nuisance to residences and other surrounding uses.

B. Visibility. Any outdoor space used for waiting or care is fully screened.

C. Overnight Keeping. The overnight keeping of animals is allowed only for treatment purposes. Overnight boarding is strictly prohibited. [Ord. O-27-2020 § 2 (Exh. A)].

Automobile gas/service stations and/or car wash operations may be permitted only where:

A. Nuisance. They will not be a nuisance to residences and other surrounding uses.

B. Traffic Congestion. They will not cause traffic hazards or undue traffic congestion.

C. Lot Size. An automobile gas/service station or a freestanding car wash site area will have a minimum of a 15,000-square-foot parcel. The lot frontage, if located on an arterial or collector street, will not be less than 125 feet.

D. Automobile Gas/Service Station or Car Wash Setbacks. Automobile gas/service stations or car wash operations with gasoline pumps will have buildings of the type of construction as defined in the International Building Code, and are to be located at a distance of not less than 25 feet from property or building setback lines.

E. Canopy Setbacks. Gasoline pumps and pump islands for car wash operations or gas/service stations shall have a canopy and the setback (measured from the edge of the canopy) shall be not less than 25 feet from any property lines or shall be in conformity with the building setback lines of the zoning district, whichever is greater.

F. Driveway Design. Driveway design and spacing for automobile gas/service stations or car wash operations shall be reviewed by the city engineer, whose recommendation will be forwarded to the planning commission.

G. Distance to Other Uses. The minimum closest distance from the gas vents at an automobile gas/service station or car wash with gas pumps site to the property line of an existing residence, school, park, playground, museum or place of public assembly will be not less than 200 feet.

H. Outdoor Storage or Rentals. No outdoor storage of rental trucks or trailers, stacks of tires or other merchandise will be conducted by the automobile gas/service station or car wash operation except when such equipment or merchandise is screened by an approved opaque fence not less than six feet in height. [Ord. O-27-2020 § 2 (Exh. A)].

Check cashing and deferred deposit lenders may be permitted only where:

A. Nuisance. The use will not be a nuisance to residences and other surrounding uses.

B. Separation. No check cashing, deferred deposit lender, or similar credit service business shall be located within one mile of any other check cashing, deferred deposit lender, or similar credit service business as measured in a straight line between the closest property lines of the lots on which they are located.

C. Density. No more than one check cashing, deferred deposit lender, or similar credit service business shall be allowed for every 20,000 citizens living in Eagle Mountain City.

D. Design. In addition to all applicable requirements of this title, the following will also be required:

1. The colors of the building shall match the design theme of the center which it is a part of or if not in a multi-tenant center, surrounding commercial buildings;

2. At least 25 percent of the first floor facade that faces a street, drive aisle, or sidewalk shall consist of windows and doors of clear or lightly tinted glass that allows views into and out of the building at eye level;

3. The use of bars, chains, or similar security devices that are visible from a street, drive aisle, or sidewalk shall be prohibited;

4. The use of neon lighting and signs shall be prohibited on the building exterior, affixed to the interior of a window facing outward, or exterior building signage; and

5. Lighting and signage shall comply with Chapter 17.56 EMMC. [Ord. O-27-2020 § 2 (Exh. A)].

Outdoor sales and display may be permitted only where:

A. Definition. For the purposes of this section, “outdoor sales and display” includes the outdoor storage of materials, products, and equipment incidental to an allowed use which are not accessible to the public and set apart from the outdoor sales and display.

B. Nuisance. The use will not be a nuisance to residences and other surrounding uses.

C. Location. All outdoor sales and display areas shall not be located within a required setback, area of required landscaping, area of required parking, or area of pedestrian or vehicle access and flow.

D. Site Plan. All outdoor sales and display areas shall be clearly defined on the approved site plan and will be limited to these areas.

E. Signs. The outdoor sales and display area shall not include the use of banners, pennants or strings of pennants.

F. Outdoor Storage. All outdoor storage shall require the following screening regulations:

1. A masonry wall or solid/opaque fencing shall be required to screen all open storage areas from view of a street.

2. A solid/opaque fence, screening barrier, or wall shall be required along the side and rear property lines to screen areas of open storage up to and including any gate.

3. Fences used to screen open storage shall not be less than six feet high. Fences greater than six feet high may be approved as part of a site plan upon a finding that increased height for screening is necessary to reduce impacts to surrounding properties.

4. Materials, products, and equipment within 20 feet of the fence may not be stored higher than the fence. [Ord. O-27-2020 § 2 (Exh. A)].

Parking garages may be permitted only where:

A. Nuisance.

1. The use will not be a nuisance to residences and other surrounding uses.

2. Parking garages shall be designed to minimize vehicle noise and odors in the public realm. Venting and fan locations shall not be located next to public spaces and shall be located as far as possible from adjacent residential uses.

B. Design.

1. Parking garages shall be architecturally consistent with the project buildings, including the use of the same primary finish materials and colors as the exterior of the adjacent or adjoining buildings.

2. Any facade facing a street shall include visual mitigation of parked vehicles and drive ramps such as landscape buffers, upper-level setbacks, or additional architectural treatment.

3. Any facade adjacent to a sidewalk or pathway shall include human-scale design and detailing along the first floor to enhance its relationship with the pedestrian.

4. The top deck of parking garages shall include opaque screen walls, periphery landscape islands, or similar features where visible from public view in order to soften the appearance of the top of the parking garage and screen the view of cars on the top deck of the structure.

5. Internal circulation shall be designed such that parking surfaces are level (or without any slopes) along all primary facades. All ramping between levels needs to be placed along the secondary facade or to the center of the structure.

6. Elevator and stairs shall be highlighted architecturally so visitors, internally and externally, can easily access these entry points.

7. The parking garage height shall not exceed the height of the primary structure within the project.

C. Placement.

1. A parking garage may not be located any closer to the front property line than the primary structure or use (when the parking garage is part of the primary structure).

2. The view of a parking garage from a street shall be minimized by placing its shortest dimension parallel to the street edge.

D. Lighting.

1. All top deck lighting shall be screened and directed downward to avoid light spill onto the area below and shall consist of only bollards or building lighting. Light poles are prohibited.

2. Interior garage lighting shall not produce glaring sources toward adjacent properties while providing safe and adequate lighting levels.

E. Signage and Wayfinding. Signage and wayfinding shall be integrated with the architecture of the parking garage and be architecturally compatible with the design. Public parking garage entrances shall be clearly signed from public streets.

F. Access.

1. Where a garage entrance or exit crosses a sidewalk, the driveway shall be a different color, texture, and/or paving material than the sidewalk to warn drivers of the possibility of pedestrians.

2. Pedestrian pathways shall connect the pedestrian exit from the parking garage to the buildings it serves.

G. Safety. Parking garages shall follow best CPTED practices and provide for well-lit and visible pedestrian corridors, visible parking areas, security devices, and natural surveillance both inside and outside of the structure. [Ord. O-27-2020 § 2 (Exh. A)].

Plant and tree nurseries and garden centers may be permitted only where:

A. Outdoor Sales, Display, Storage. Any associated outdoor sales, display, and storage of products or equipment must comply with EMMC 17.75.064. [Ord. O-27-2020 § 2 (Exh. A)].

Portable storage and shipping containers may be permitted only where:

A. Stacking. Vertical stacking of portable storage containers and stacking of any other materials or merchandise on top of any portable storage container shall be prohibited.

B. Location.

1. No portable storage container shall be placed or located on a required parking space, circulation aisle/lane, fire access lane, or public right-of-way.

2. All portable storage containers shall be located to the rear 50 percent of the site they are to be located on and shall not be visible from a street. Screening in the form of opaque fencing, landscaping, or a combination of both may be used so that the portable storage container is not visible from a street or to buffer the containers from surrounding properties.

C. Repair and Maintenance. All portable storage containers and their screening and landscaping shall be maintained in good repair. Any dilapidated, dangerous, rusted, or unsightly containers shall be repaired or removed. Graffiti shall be removed within seven days.

D. Use.

1. Portable storage containers shall be used for storage purposes only. Storage is limited to materials, products, or equipment used, produced, sold, or manufactured on the site of a legally conforming business or agricultural use.

2. There shall be no plumbing or electricity connected to the container and all wheels, except for small, noninflatable rollers, shall be removed.

E. Signage. Portable storage containers shall not be used for signage. [Ord. O-27-2020 § 2 (Exh. A)].

Reception, conference, and meeting centers may be permitted only where:

A. Nuisance. The use will not be a nuisance to residences and other surrounding uses.

B. Parking and Vehicle Stacking.

1. Parking requirements shall comply with Chapter 17.55 EMMC.

2. Adequate off-street stacking areas which are completely contained on site for pickup and drop-off are required. No off-site stacking is permitted.

C. Pedestrian Access.

1. All driveways on the property shall have at least one sidewalk.

2. Primary pedestrian crossings shall employ traffic calming features such as speed tables and striping. Secondary pedestrian crossings shall employ a minimum of striping and signs. [Ord. O-27-2020 § 2 (Exh. A)].

Restaurants with drive-through services may be permitted only where:

A. Purpose. The specific purposes of these regulations are to:

1. Reduce noise, lighting, and visual impacts on abutting uses, particularly residential uses;

2. Promote safer and more efficient on-site vehicular and pedestrian circulation; and

3. Reduce conflicts between queued vehicles and traffic on adjacent streets.

B. Site Plan. An applicant for a restaurant with drive-through service shall submit a site plan that includes: a parking and circulation plan, driveway locations, placement of audio equipment (if applicable), placement of message and/or menu boards, and a litter cleanup plan.

C. Litter Cleanup Plan. A litter cleanup plan shall address litter cleanup on and off site and shall include, but not be limited to, a litter pickup schedule and a map of the cleanup area.

D. Stacking Lanes.

1. A minimum of 120 feet for a single stacking lane or 60 feet per lane when there is more than one stacking lane. A stacking lane is measured back to the point of service or final service window. Stacking lanes do not have to be linear.

2. Stacking lanes shall be designed so that they do not interfere with parking, pedestrian and vehicle circulation; and

3. All stacking lanes shall be clearly identified through the use of means such as striping, landscaping, and signs.

E. Traffic Circulation.

1. Only one driveway providing vehicular access to and from the drive-through window or service area shall be provided from any street;

2. Internal traffic circulation patterns on the lot shall be adequate to keep traffic from backing into a street or blocking access to any required parking spaces located on the lot; and

3. A traffic study addressing both on- and off-site traffic and circulation impacts may be required as part of the site plan application.

F. Drive-Through Location. Drive-through lanes and windows shall be located away from adjacent residential uses.

G. Noise. Noise emitted from drive-through service windows and related features such as remote ordering equipment at outdoor menu boards shall not create a nuisance or disturbance for abutting properties.

H. Buffer. When a drive-through use adjoins any residential use or residential zone, a minimum six-foot-high masonry wall or solid fence shall be erected and maintained along such property line. [Ord. O-27-2020 § 2 (Exh. A)].

Sexually oriented businesses may be permitted only where:

A. Nuisance. The use will not be a nuisance to residences and other surrounding uses.

B. Location.

1. No sexually oriented business shall be constructed or operated, as measured in a straight line between the closest property lines of the lots on which they are located:

a. Within 5,000 feet of any other sexually oriented business as measured in a straight line between the closest property lines of the lots on which they are located.

b. Within 1,000 feet of any existing residential use, school, park, playground, museum, or place of public assembly as measured in a straight line between the closest property lines of the lots on which they are located.

2. No church, public park, public library, or school shall be established closer than 1,000 feet from any sexually oriented business.

C. Density. No more than one sexually oriented business shall be allowed for every 20,000 citizens living in Eagle Mountain City.

D. Signs. Signs for each sexually oriented business shall be limited to the following:

1. Signage is limited to one wall sign. All other signs are prohibited.

2. The use of neon lighting shall be prohibited on the building exterior, affixed to the interior of a window facing outward, or exterior building signage.

3. The wall sign shall comply with the sign requirements specified in Chapter 17.80 EMMC including allowable sign area.

4. Off-premises signs are prohibited.

5. Every sexually oriented business sign shall contain alpha-numeric copy only, and no descriptive art or designs depicting any activity related to or inferring the nature of the business shall be allowed on any sexually oriented business sign.

6. No animation shall be permitted on or around any sexually oriented business sign or on the exterior walls or roof of the premises.

7. Painted wall advertising shall not be allowed.

E. Visibility. No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or in any area where they can be viewed from a public sidewalk.

F. Design. In addition to all applicable requirements of this title, the following will also be required:

1. The colors of the building shall match the design theme of the center which it is a part of or if not in a multi-tenant center, surrounding commercial buildings;

2. The use of bars, chains, or similar security devices that are visible from a street, drive aisle, or sidewalk shall be prohibited; and

3. The use of neon lighting and signs shall be prohibited on the building exterior or exterior building signage. [Ord. O-27-2020 § 2 (Exh. A)].

Tobacco specialty businesses may be permitted only where:

A. Nuisance. The use will not be a nuisance to residences and other surrounding uses.

B. Separation. No tobacco specialty business shall be located:

1. Within 5,000 feet of any other tobacco specialty business as measured in a straight line between the closest property lines of the lots on which they are located.

2. Within 1,000 feet of any existing residential use, school, park, playground, museum, or place of public assembly as measured in a straight line between the closest property lines of the lots on which they are located.

C. Density. No more than one tobacco specialty business shall be allowed for every 10,000 citizens living in Eagle Mountain City.

D. Design. In addition to all applicable requirements of this title, the following will also be required:

1. The colors of the building shall match the design theme of the center which it is a part of or if not in a multi-tenant center, surrounding commercial buildings;

2. The use of bars, chains, or similar security devices that are visible from a street, drive aisle, or sidewalk shall be prohibited; and

3. The use of neon lighting shall be prohibited on the building exterior, affixed to the interior of a window facing outward, or exterior building signage. [Ord. O-27-2020 § 2 (Exh. A)].

Indoor shooting ranges may be permitted only where:

A. Safety Regulations.

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

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

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

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

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

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

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

8. An alarm system, cut wire protected, shall be provided for general security of the premises.

B. Sound Study. A sound study shall be performed and submitted with the application indicating decibel levels at the property lines and on the interior of neighboring properties (if connected by a shared/party wall); a measurement of 65 decibels or above shall be considered a nuisance per EMMC 8.15.070(B).

C. Additional Components. In addition to the above an indoor shooting range may include the following components:

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

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

3. Restaurant or dining component. [Ord. O-04-2022 § 2 (Exh. A)].

Automobile sales and/or minor service operations may be permitted only where:

A. Nuisance. They will not be a nuisance to residences and other surrounding uses.

B. Automobile Display Areas. Automobile displays are subject to the following restrictions:

1. Display areas shall not be permitted in rights-of-way, walkways, sidewalks, park strips, and required landscape buffers;

2. Display areas shall be designated through the site plan approval process;

3. Display areas shall be of concrete, asphalt, or another impervious surface;

4. Display areas shall be a minimum of 10 feet inside the back of the sidewalk;

5. Display areas shall comply with the clear vision triangle setbacks;

6. Vehicles in the display area shall not exceed a maximum height of 10 feet, such height including both the vehicle and display surface as measured from the height of the nearest sidewalk to the highest point of the vehicle.

C. Operating Conditions.

1. They will not cause traffic hazards or undue traffic congestion. This includes all loading and unloading of vehicles, which should occur on site or within a designated area off site which prevents unsafe interaction with traffic;

2. Spray painting of vehicles shall not be conducted outside. Spray painting of parts shall occur inside a fully enclosed building;

3. Accessory sales activities (i.e., tires, parts, seat covers, floor mats, window tinting, sound systems, etc.) shall not occur outside a fully enclosed building;

4. Temporary canopy tents shall not be permitted when the tents are visible from the street except for special events associated with the subject business. Such events shall not be permitted for more than three days;

5. All signage shall conform to the standards in Chapter 17.80 EMMC;

6. Junkyard or automobile dismantling activities shall not be conducted;

7. Automobiles being repaired shall be stored on site behind a screened enclosure. [Ord. O-34-2023 § 2 (Exh. A)].

Racetracks for go-karts, ATVs, and other motorized sports recreational facilities may be permitted only where:

A. Nuisance. They will not be a nuisance to residences and other surrounding uses:

1. Noise shall comply with Chapter 8.15 EMMC;

2. Lighting shall comply with Chapter 17.56 EMMC.

B. Fencing. Racetracks and associated facilities that are not located within a building shall be contained within a continuous masonry or decorative concrete wall no less than six feet in height for public safety purposes.

C. Operating Conditions. During nonoperating hours, all motorized vehicles shall be kept within a locked enclosure. [Ord. O-34-2023 § 2 (Exh. A)].

Outdoor storage of recreational vehicles and trailers is permitted as a special use only where:

A. Nuisance. The use will not be a nuisance to residences and other surrounding properties.

B. Screening. A fence or wall of durable materials shall be at least eight feet high and no more than 10 feet but may be shorter if built upon a permanent landscape berm and the combined height of the berm and fence or wall is at least eight feet from the grade of the adjacent property, or the nearest right-of-way line. Chain link is not permitted. Gates shall be solid metal, metal picket, or similar.

C. Vehicles. Storage of salvaged or dismantled recreational vehicles or trailers is not permitted on the site.

D. Storage Area. The recreational vehicle or trailer storage area shall be graded and paved with asphalt or concrete surfacing to ensure that all surface water generated from the site shall be retained on site and to prohibit percolation of surface water and volatile organic compounds from stored vehicles.

E. Sales. Sale or advertising the sale of recreational vehicles or trailers is not permitted. [Ord. O-04-2025 § 2 (Exh. A)].

Article V. Industrial-Related Uses

Towing yards and vehicle storage may be permitted only where:

A. Nuisance. The use will not be a nuisance to residences and other surrounding uses.

B. Screening. Must comply with the requirements set in EMMC 17.75.064(F).

C. Vehicles.

1. No storage of salvaged or dismantled vehicles is allowed on the site.

2. No vehicles shall be dismantled or crushed on the site.

3. No vehicle shall remain for more than 180 days on the site.

D. Storage Area. The vehicle storage area shall be graded and paved with asphalt or concrete surfacing to ensure that all surface water generated from the site shall be retained on site and to prohibit percolation of surface water and VOCs from stored vehicles.

E. Sales. No sale or advertising the sale of vehicles shall be permitted. [Ord. O-27-2020 § 2 (Exh. A)].

Article VI. Utility-Related Uses

This section is inclusive of wireless telecommunication, radio, microwave, and other transmission towers.

Communication facilities and towers may be permitted only where:

A. General. The following development standards shall be applicable to all facilities regardless of the facility type or zone within which the facility is proposed to be located:

1. The proposed facility shall be located on an approved structure and/or site in conformance with this code. If a proposed facility site does not conform to this code, the carrier shall submit and have approved a plan to bring the structure and/or site into conformance with the code prior to completion and operation of the proposed facility.

2. Any associated mechanical or electrical equipment shall be completely screened from view, from rights-of-way, on-site parking areas and adjacent properties, with a solid fence or wall.

3. The proposed facility, including associated mechanical and electrical equipment, shall not be located within a public right-of-way.

4. The proposed facility shall conform to the requirements of this title, this code, and other laws, including pertinent federal regulations of the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA).

5. Copies of required permits from pertinent federal agencies establishing compliance with applicable federal regulations shall be filed with the city prior to the issuance of any permit for a proposed facility.

6. The proposed facility shall conform to applicable development standards set forth in this section.

7. Lightning rods shall not be included in the height calculation for any facility.

8. Antennas and equipment boxes on the utility poles shall be painted to match the pole to which it is attached to minimize visual impacts.

9. Noise producing venting systems shall not be used.

10. Lighting for aircraft is prohibited except where required by federal law.

B. Location and Type Priority. Telecommunication facilities shall be located as unobtrusively as is reasonably possible. The provider shall make a good faith effort to site antennas in the following order of priority:

1. Existing Structures or Stealth Facilities. First priority shall be granted to antennas located on existing structures or antennas qualifying as stealth facilities, as follows:

a. Existing Structures. Antennas located on lawfully existing buildings, structures, and antenna support structures; provided, that the building, structures, or support structures are: (i) located on a telecommunication facility designed and approved for collocation, (ii) located in a nonresidential zoning district, or (iii) located in a residential zoning district on property that is being used for nonresidential uses such as government, school, or church; or

b. Stealth Facilities. Antennas certified as stealth facilities as set forth in this chapter.

2. Monopoles on property owned by the city.

3. Monopoles on property owned by a noncity public agency.

4. Monopoles on Nonresidential Private Property. Monopoles constructed on private property; provided, that the private property is (a) located in a nonresidential zoning district, or (b) located in a residential zoning district on property that is used for a nonresidential use such as government, school, or church.

5. Other. Any combination of antenna type and location other than those listed in this subsection.

C. Burden of Proof. If the applicant desires to locate antennas on a site other than the highest priority site, the applicant shall have the burden of demonstrating to the city why it could not locate antennas on site with a higher priority than the site chosen by the applicant. The applicant shall provide the following information to the approving authority:

1. Higher Priority Sites. The identity and location of any higher priority sites located within the desired service area.

2. Reason for Rejection of Higher Priority Sites. The reasons why the higher priority sites are not technologically, legally, or economically feasible. The applicant shall make a good faith effort to locate antennas on a higher priority site. The city may request information from outside sources to justify or rebut the applicant’s reasons for rejecting a higher priority site.

3. Justification for Proposed Site. Why the proposed site is essential to meet the service demands of the geographic service area and the citywide network. If the applicant desires to construct a monopole, the applicant shall also submit a detailed written description of why the applicant cannot obtain coverage using existing buildings, structures, or stealth facilities.

D. Setbacks.

1. Communication facilities and towers shall comply with the setback requirements of the underlying zone and are further modified in subsection I of this section.

2. When located in a residential zone or on a nonresidential lot that is adjacent to residential zones, development, or property designated for residential land use by the general plan, communication facilities and towers shall be a minimum of 200 feet from the property line abutting residential uses. This will allow for adequate separation from residential development.

E. Collocation. Collocation of communication facilities and towers on a previously approved communication facility such as an existing building, structure, or antenna support structure, is allowed, provided:

1. No increase in the height of the existing support structure is proposed;

2. All aspects of the collocation improvements must be located within the previously approved screened area;

3. Compliance with the corresponding provisions set forth in this subsection.

F. Safety.

1. Regulation Compliance.

a. Compliance with FCC and FAA Regulations. All operators of communication facilities shall demonstrate compliance with applicable FCC and FAA regulations, including FCC radio frequency regulations, at the time of application and periodically thereafter as requested by the city. Failure to comply with the applicable regulations shall be grounds for revoking a site plan approval.

b. Other Licenses and Permits. The operator of every communication facility shall submit copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location, and operation of the facility to the city, shall maintain such licenses and permits in good standing, and shall provide evidence of renewal or extension thereof upon request by the city.

G. Emergency. The city shall have authority to move or alter a communication facility in case of emergency. Before taking any such action, the city shall first notify the owner of the facility, if feasible.

H. Abandonment. The city may require the removal of all antennas and monopoles if the facility has been inoperative or out of service for more than 12 consecutive months.

1. Notice. Notice to remove shall be given in writing by personal service, or by certified mail addressed to the operator’s last known address.

2. Violation. Failure to remove the antennas and monopoles after receiving written notice to remove is a violation of the terms of this chapter. The city may initiate criminal and/or civil legal proceeding against any person, firm, entity, or corporation, whether acting as principal agent, property owner, lessee, lessor, tenant, landlord, employee, employer, or otherwise, for failure to remove antennas and monopoles in accordance with this chapter. The city may seek a civil injunction requiring the removal of any structures on the site in accordance with this chapter. The city may also remove such structures itself and may bill its costs in removing such structures to the operator. Any lease agreement with the city may also stipulate failure to remove the antennas and monopoles after receiving written notice to do so pursuant to this chapter automatically transfers ownership of the antennas, support buildings, and all other structures on the site to the city.

I. Specific Regulations by Type. Communication facilities are characterized by the type or location of the antenna structure. There are five general types of antenna structures contemplated by this chapter: ham radio towers, monopoles, roof-mounted antennas, stealth facilities, and wall-mounted antennas. If a particular type of antenna structure is allowed by this chapter as a special use, the minimum standards for that type of antenna are as follows:

1. Ham Radio Towers. Ham radio towers or any other radio or antenna facilities are regulated by the FCC as well as individual homeowners associations (HOAs) through restrictive covenants or other regulating documents.

2. Monopoles.

a. Justification. If the applicant desires to construct a monopole, the applicant shall first submit a detailed written description of why the applicant cannot obtain coverage using existing buildings, structures, or stealth facilities. The description shall include a radio frequency engineering review of the proposed monopole telecommunication facility in relation to the requested height and possible alternative locations.

b. Visual Analysis. The applicant shall submit a visual analysis which may include photo simulation, field mock-up, or other techniques, which identifies the potential for visual impacts of the proposed monopole. The analysis shall consider views from public areas (streets, parks, etc.) and from private residences.

c. Maximum Height. The maximum height of the monopole or monopole antenna shall be 60 feet, although the city may allow an antenna or antenna support structure up to 120 feet in height, if the applicant demonstrates that the additional height is necessary to obtain coverage or to allow collocation, and that the applicant has taken steps to mitigate adverse effects on the surrounding neighborhood. The antenna itself shall not exceed 10 feet in height.

d. Setback. Monopoles shall be set back a minimum distance equal to four times the height of the proposed monopole structure from any residential lot line, measured from the base of the monopole to the nearest residential lot line unless the applicant can demonstrate that a lesser distance is necessary as demonstrated in a certified radio frequency engineering report.

e. Spacing. No monopole shall be approved within 1,000 feet of another monopole, except those within 120 feet of or adjacent to existing transmission powerline corridors. This is permitted because monopoles will blend in with the power poles.

f. Color. A surface treatment may be required so that monopoles, antennas, and related support structures match the background against which they are most commonly seen.

g. Screening. Monopoles shall be fenced with a six-foot-high black vinyl coated chain-link, opaque fence or other fencing or wall method.

3. Roof-Mounted Antennas.

a. Maximum Height. The maximum height of a roof-mounted antenna shall be 18 feet above the roof line of the building.

b. Setback. Roof-mounted antennas shall be set back from the exterior wall of the building or structure a distance at least equal to the height of the antenna above the roof.

c. Mounting Options. A roof-mounted antenna shall be mounted only on structures with flat roofs. Roof-mounted antennas may be mounted directly on a roof, or on top of existing penthouses or mechanical equipment rooms if the total height of the antennas does not exceed 18 feet above the roof line of the building.

d. Color. Roof-mounted antennas, equipment, and supporting structures shall be painted to match the color of the building or structure, or the background against which they are most commonly seen. Antennas and supporting structures shall be architecturally compatible with the building.

e. Combination of Wall- and Roof-Mounted Antennas. Any building may have a combination of wall- and roof-mounted antennas meeting the requirements of this section.

4. Stealth Facilities.

a. Maximum Height. The overall height of any structure proposed to be used for a stealth fixture antenna shall be consistent with any similar structure being used as a model for the stealth structure. A stealth fixture shall be no more than 10 feet higher than the structure to which it is attached, provided the fixture and the structure to which it is attached is consistent with the character of similar structures located in the same area.

b. Disguise. A stealth fixture antenna shall be disguised as part of the structure to which it is attached or otherwise concealed from public view as much as reasonably possible. A stealth fixture antenna may be attached to or disguised as a flag pole, light pole, power pole, manmade tree, clock tower, steeple, or a structure used primarily for another use so long as any antenna located on the structure does not detract visually from the primary use. Stealth fixture antennas and all associated equipment visible to public view shall be painted to match the color of the structure to which it is attached. Equipment and/or equipment shelters used in connection with stealth fixture antennas shall be camouflaged.

c. Engineered Structure. A structure to which a stealth fixture antenna is attached shall be designed by a state certified engineer to verify that the structure can support the stealth fixture antenna.

d. Antenna Size. A stealth fixture antenna, including the mounting structure, shall not exceed 30 inches in diameter; provided, however, that antennas exceeding 30 inches, including the mounting structure, may be permitted if the antenna is a stealth fixture antenna located on or within a clock tower, steeple, manmade tree, or other similar structure.

e. Conversion. Stealth facilities may include the conversion of existing flagpoles, light standards, athletic field lights or other similar structures to a stealth facility provided the structure’s height is not increased more than 10 feet.

f. Utility Pole Antennas. Utility pole antennas may be allowed as a stealth facility subject to the following minimum requirements:

i. Location. Utility pole antennas may only be located on existing city-owned utility poles except for decorative street lights.

ii. Method of Mounting. Such antennas shall be designed and installed by the applicant according to city’s specifications and requirements.

iii. Height. Antennas shall not extend more than 10 feet above the top of the pole.

iv. Antenna Size. The antennas, including the mounting structure, shall not exceed two feet in diameter.

v. Electrical Equipment. Electrical equipment shall not be located in the public right-of-way.

vi. Agreement. Each telecommunication provider is required to enter into an agreement with the city prior to installing any telecommunication facilities in a public right-of-way. The city shall review site plan conditions prior to the execution of the agreement.

5. Wall-Mounted Antennas.

a. Maximum Height. Wall-mounted antennas shall not extend above the roof line of the building or structure, or extend more than four feet horizontally from the face of the building.

b. Setback. Wall-mounted antennas shall not be located within 20 feet of a residential zoning district unless they are located on a nonresidential structure as approved by this section.

c. Mounting Options. Antennas mounted directly on existing parapet walls, penthouses, or mechanical equipment rooms are considered to be wall-mounted antennas if no portion of the antenna extends above the roof line of the parapet wall, penthouse, or mechanical equipment room.

d. Color. Wall-mounted antennas, equipment, and supporting structures shall be painted to match the color of the building or structure, or the background against which they are most commonly seen. Antennas and the supporting structure on the building shall be architecturally compatible with the building. Whip antennas are not allowed on a wall-mounted antenna structure, but may be camouflaged in a stealth facility as per stealth requirements of this section.

e. Maximum Area. The total area for all wall-mounted antennas and supporting structures on any one building shall not exceed five percent of any exterior wall of the building.

f. Combination of Wall- and Roof-Mounted Antennas. Any building may have a combination of wall- and roof-mounted antennas meeting the requirements of this section.

J. Additional Requirements.

1. Storage Areas and Solid Waste Receptacles. No outside storage or solid waste receptacles shall be permitted on a communication facility site.

2. Equipment Enclosures. All electronic and other related equipment and appurtenances necessary for the operation of any communication facility shall, whenever possible, be located within a lawfully preexisting structure. When a new structure is required to house such equipment, the structure shall be harmonious with, and blend with, the natural features, buildings, and structures surrounding such structure.

3. Accessory Buildings. Freestanding accessory buildings used with a communication facility shall not exceed a combined total of 450 square feet and shall comply with the setback requirements for structures in the zoning district in which the facility is located.

4. Parking. The city may require a minimum of one parking stall for sites containing a monopole, tower, and/or accessory buildings, if there is insufficient parking available on the site.

5. Maintenance Requirements. All communication facilities shall be maintained in a safe, neat, and attractive manner.

6. Landscaping. All communication facilities shall be adequately landscaped in order to provide visual screening as deemed necessary by the planning commission on a site-specific, case-by-case basis. For monopoles where there are no buildings immediately adjacent to the monopole and equipment facilities, the site shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on the subject property or planted as part of the site improvements. The city may require additional landscaping as part of the site plan approval.

7. Power Lines. All power lines on the lot leading to the communication facility shall be underground. [Ord. O-34-2023 § 2 (Exh. A); Ord. O-27-2020 § 2 (Exh. A)].

This section is inclusive of facilities, substations, structures, buildings, transmission lines (above and below ground), equipment, and storage (fenced or enclosed) related to the production and distribution of utility services, public and private.

Utilities and related infrastructure may be permitted only where:

A. General.

1. Any utility installation shall comply with EMMC Title 13, Public Utilities and Services.

2. Any utility installation, except utility boxes and transmission lines, shall be subject to Chapter 17.100 EMMC.

B. Substations.

1. Fencing. The perimeter of the substation site shall be fenced for public safety and to minimize visual impact.

2. Landscaping. The perimeter of the substation site (outside of the fence) shall be landscaped.

3. Location. No substation shall be located in the path of any planned street or trail as illustrated in the city’s transportation master plan and parks and open space master plan.

C. Ground-Mounted Utility Boxes.

1. Location.

a. Any ground-mounted utility box shall not be located within one foot of any sidewalk or 18 inches from the face of a curb or obstruct any required sight distance triangles for driveways and intersections.

b. Private Property. On private property with permission of the property owner or representative at the following locations:

i. Below-grade utility boxes that do not extend greater than six inches above ground level.

ii. Within the buildable area of a lot, rear yard, or side yard.

iii. Behind required front and corner side yards or within five feet of a building when front and corner side yards are not required.

iv. Within a utility easement subject to easement restrictions.

v. Within a right-of-way when the location does not interfere with circulation functions of the right-of-way and subject to subsection (C)(1)(b)(iv) of this section.

c. Public Right-of-Way.

i. Below-grade utility boxes that do not extend greater than six inches above ground level.

ii. Within a park strip or behind the sidewalk meeting the following criteria:

(A) A ground-mounted utility box not exceeding a height of three feet and a footprint of four square feet, or a box not exceeding two feet in height and a footprint of eight square feet.

(B) The pad for a ground-mounted utility box shall not extend more than six inches beyond the footprint of the box.

(C) A ground-mounted utility box in a residential zoning district is located within 15 feet of the interior lot line of an adjacent property.

(D) Excluding industrial, business park, airpark, and commercial zoning districts, no more than three ground-mounted utility boxes, excluding exempt utility boxes, shall be allowed within a 660-foot segment of street right-of-way.

(E) Any small ground-mounted utility box that is less than 60 percent of the allowed size in subsection (C)(1)(c)(ii)(A) of this section shall be exempt from the requirement set in subsection (C)(1)(c)(ii)(D) of this section.

iii. A ground-mounted utility box installed in a public alley that does not interfere with the circulation function of the alley.

d. Location Exemption. Any ground-mounted utility boxes installed by a governmental entity in the public right-of-way for public safety and management purposes, such as traffic control devices, utility boxes for lighting and parking meters.

2. Materials. All ground-mounted utility boxes shall consist of high-quality material such as stainless steel or other durable painted or colored material. The finish shall be a neutral color such as dark or light green, beige, grey, or a color similar to utility boxes within the vicinity and coated with a graffiti-resistant treatment. [Ord. O-27-2020 § 2 (Exh. A)].

Article VII. Temporary Uses

A construction office trailer may not be parked or stored on any construction or development project site without a permit from the planning director. The application for a construction office trailer permit must be made to the planning director on the form provided by the city, and shall include a site plan showing the proposed location of the construction office trailer and distances from roads, building and property lines. The planning director shall not issue the permit unless the planning director determines that the following conditions are met:

A. The construction office trailer is located entirely on site, and does not infringe on the public right-of-way;

B. The construction office trailer is not located in the clear vision triangle;

C. The construction office trailer is not located within 10 feet of any building;

D. The construction office trailer is not located in a position that will create unreasonable traffic or noise for neighboring homes or business; and

E. The construction office trailer is not located on any easement.

A construction office trailer shall be removed from the construction site at the earlier of the deadline prescribed in the permit, 30 days after a final certificate of occupancy has been issued for the project, or the project has been abandoned as defined in Chapter 17.10 EMMC. Only one construction office trailer shall be allowed on any construction project unless the planning director determines that unique circumstances exist that warrant more than one construction office trailer on any construction project. [Ord. O-27-2020 § 2 (Exh. A)].

A. Temporary Sales Trailers. One temporary sales trailer is allowed for subdivisions ranging between five and 50 acres. Subdivisions in excess of 50 acres may have two temporary sales trailers. A permit for a subdivision sales office may be issued by the building department at any time after recording of the subdivision and shall become void one year following the date on which the permit was issued. The temporary office shall then be removed unless, 30 days prior to the expiration of one year following the date on which the permit was issued, a request for an extension of time is made to and granted by the planning commission. In no case will the extension be granted for a period of more than one year.

B. Model Homes. A subdivision may have multiple model homes which contain sales offices. The temporary sales office must be removed from a model home when the subdivision is more than 80 percent developed or has been occupied as a temporary sales office for three years, whichever occurs first. Time extensions may be considered by the planning director on a case-by-case basis, depending on the impact on existing dwellings in the development, the suitability of the office in a residential area, and traffic flow generated by the temporary sales office. A temporary sales office or model home may not be used as a general real estate office, a construction management office, or an off-site sales office. [Ord. O-27-2020 § 2 (Exh. A)].

Special commercial events such as fireworks and Christmas tree sales, carnivals or temporary sales events may be approved by the planning director when located in commercial-type zoning districts and in accordance with city ordinances. The planning director shall be required to find that the proposed use will not constitute a nuisance to be in conflict with other land uses near the subject property. In approving a temporary commercial use, the planning commission may review the length of time requested for the use to be conducted, the proposed hours of operation, anticipated parking needs, traffic circulation or impacts on surrounding streets and neighborhoods, or any other regulation or condition necessary for the preservation of the public health, safety and welfare. [Ord. O-27-2020 § 2 (Exh. A)].

Article VIII. Ancillary Uses

No motor vehicle, trailer or related equipment associated with a commercial or industrial use shall be parked, stored or maintained on any lot or parcel of land in a residential zone, nor shall any contracting and/or earth moving equipment be parked, stored or maintained on any lot or parcel of land in a residential zone. This shall not be construed to restrict the overnight parking of vehicles and equipment used in the daily activities of the property owner’s occupation. [Ord. O-27-2020 § 2 (Exh. A)].

Any recreational water facility not contained within a fully enclosed building, gazebo or other structure must comply with the following conditions and requirements:

A. Setbacks. A recreational water facility shall be set back a minimum of five feet from all property lines, shall only be located within a side or rear yard, and shall not be located within any public utility easement.

B. Barrier Fence/Wall. A recreational water facility shall be completely surrounded by a fence or wall having a height of at least five feet. Except for the gate opening, fences shall not include any slots or openings that would permit a four-inch-diameter sphere to pass through. All gates shall be equipped with self-closing and self-latching devices located on the interior side of the gate, and must be able to accommodate a lock. All gates located within 10 feet of the recreational water facility must swing outward from the recreational water facility. Fences or walls shall not be located adjacent to permanent structures, equipment, or similar objects that could be used to climb them. The bottom of the fence/wall shall be no more than two inches from the ground.

C. Barrier Fence/Wall Exceptions. Above-ground spas and hot tubs are exempt from subsection B of this section if equipped with a hard safety cover that can be latched or locked. Above-ground pools, spas, and hot tubs with nonclimbable walls at least five feet in height where access is provided by a ladder or steps must meet one of the following:

1. The ladder or steps shall be capable of being locked or removed to prevent access; or

2. The ladder or steps shall be surrounded by a barrier fence/wall that meets the standards in subsection B of this section.

D. County Health Department. If a permanent swimming pool is to be located on the same property as a septic tank or sewage disposal drain field, the location must be approved by the Utah County health department.

Swimming pool construction shall conform to all requirements of the adopted building codes, including the International Swimming Pool and Spa Code. [Ord. O-27-2020 § 2 (Exh. A)].

Article IX. Miscellaneous Provisions

In considering the layout of any development in the city, the developer shall conform to the following restrictions with respect to unbuildable lands. No construction may occur in areas that have slopes in excess of 25 percent, land restricted by power lines, high volume floodplains, alluvial discharge areas, floodplains and floodways, and wetlands. Land in excess of 15 percent is ineligible for inclusion in improved open space requirements unless the planning commission recommends and the city council approves specific improvements on land in excess of 15 percent which these bodies have determined to be an approved entity. In this case, only the acreage of unbuildable land in excess of 15 percent which is improved will be considered towards the improved open space requirements. [Ord. O-27-2020 § 2 (Exh. A)].

This chapter identifies regulations for small wind and solar energy conversion systems in the city. [Ord. O-11-2010 § 2 (Exh. A)].

The purpose of this chapter is to provide regulations for the safe and effective construction and operation of small wind and solar energy conversion systems in Eagle Mountain City, subject to reasonable restrictions, which are designed to protect and preserve the general health, safety and welfare of the public. [Ord. O-11-2010 § 2 (Exh. A)].

Eagle Mountain City finds the following:

A. That wind and solar energy are abundant, renewable, and nonpolluting energy resources;

B. The conversion of wind and solar energy to electricity will reduce individual dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources;

C. That wind energy systems and solar energy devices may eventually enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify energy supply;

D. The existence of small wind energy systems and solar energy devices in the city provides a positive image for the city, promoting the use of clean renewable energy sources;

E. The unnecessary proliferation of wind energy facilities and solar energy devices throughout the city creates a potentially negative visual impact (visual pollution) on the community, especially in neighborhoods with smaller lots;

F. The visual effects of wind energy facilities and solar energy devices can be mitigated by fair standards regulating their siting, construction, maintenance, and use. [Ord. O-11-2010 § 2 (Exh. A)].

“Small wind energy system” means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kilowatts (kW) and which is intended to primarily reduce on-site consumption of utility power.

“Solar energy device” means an accessory structure that is roof-mounted or wall-mounted, the primary purpose of which is to provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating of buildings located on the same property.

“Total extended height” means the height above grade to a blade tip at its highest point of travel.

“Tower height” means the height above grade of the fixed portion of the tower, excluding the wind turbine. [Ord. O-11-2010 § 2 (Exh. A)].

A. Allowed Areas. A standalone small wind energy facility may be installed in any zoning district, subject to the requirements in this section. Small wind energy systems requesting minor modifications to the performance standards of this section may be reviewed by conditional use permit.

B. Use and Design Standards. All small wind energy systems shall comply with the following standards.

1. Setbacks. The base of the tower shall be set back a distance no less than 50 percent of the total extended height from a property line, and 110 percent of the total extended height from all overhead utility lines, dwellings, accessory structures with living space (accessory dwelling units), and public roads. All small wind energy systems shall be located completely within the rear yard; they shall not be located in any front or side yard.

2. Height. The total extended height of the system shall adhere to the following standards:

a. Forty-five feet or less on parcels of one-half acre to five acres.

b. Sixty-five feet or less on parcels of five or more acres.

3. Sound. Sound produced by the turbine under normal operating conditions, as measured at the property line, shall not exceed the definition of nuisance noise (65 decibels). Sound levels, however, may be exceeded during short-term events out of human control, such as utility outages and/or severe wind storms.

4. Clearance. Ground clearance of rotor blades shall be a minimum of 25 feet.

5. Access. Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:

a. Tower-climbing apparatus located no closer than 12 feet from the ground.

b. A locked anti-climb device installed on the tower.

c. A locked, protective fence at least six feet in height that encloses the tower.

6. Guy Wires. Anchor points for any guy wires for a tower shall be located within the property that the system is located on and not on or across any aboveground electric transmission or distribution lines, and may not be located in the front yard. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three to eight feet above the ground.

7. Shut-Off Mechanism. The facility shall be designed with an automatic shut-off mechanism, so that in the event of a power outage, the facility will not back-feed into the power grid.

8. Code Compliance. All small wind energy systems shall be designed and constructed to be in compliance with pertinent provisions of the International Building Code, National Electric Code, and any other applicable codes.

9. Over-Speed Control. All small wind energy systems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer.

10. Lighting. Exterior lighting on any structure associated with the facility shall not be allowed except that which is specifically required by the Federal Aviation Administration.

11. All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification, on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road shall be prohibited. At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery.

12. All on-site electrical wires associated with the facility shall be installed underground.

13. Color. The facility’s tower and blades shall be painted or treated a nonreflective, unobtrusive color that blends the facility and its components into the surrounding landscape and incorporate nonreflective surfaces to minimize any visual disruption. In general, the factory default gray color is appropriate.

14. Subdivision Covenants, Conditions, and Restrictions (CC&Rs). Some CC&Rs may contain restrictions on small wind energy facilities. The more restrictive of the city code and the subdivision CC&Rs shall apply.

C. Maintenance. All small wind energy facilities shall be maintained in good condition and in accordance with all requirements of this section.

D. Inspections Required. All small wind energy systems require a building permit. No facility shall be connected to the power grid until Eagle Mountain City power department has inspected and approved the system.

E. Net Metering. The owner of the facility must sign a net metering agreement with Eagle Mountain City power department prior to connecting to the power grid.

F. Building Permit Application. The applicant shall submit a building permit application to the city building department. As part of the submittal and in addition to the application requirements, the applicant shall be required to submit the following items:

1. Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.

2. Standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base, footings, and/or foundation as provided by the manufacturer. Wet stamps shall not be required.

3. A line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

4. A site plan (drawn to scale) showing the location of the small wind energy facility in relation to other structures or above-ground power lines on the site and on adjacent neighboring properties.

G. Approval. Approval shall be given based upon compliance with the standards of this section and requirements of the city building department, the International Building Code, the National Electrical Code, and approval by the planning director (or designee) and energy department director (or designee). [Ord. O-11-2010 § 2 (Exh. A)].

A. Allowed Areas. Roof-mounted wind energy facilities are permitted as an accessory use in all zoning districts, subject to the standards in this section. Minor modifications to the performance standards of this section may be reviewed by conditional use permit.

B. Use and Design Standards. All roof-mounted wind energy facilities shall comply with the following standards:

1. Height. Wind energy systems may not project more than five feet above the roofline of the building. Higher-projecting systems must be reviewed as a conditional use permit.

2. Design. The system shall be integrated into the design of the building as much as possible, and not viewed as an obvious afterthought.

3. Sound. Sound produced by the windmill under normal operating conditions, as measured at the property line, shall not exceed the definition of nuisance noise (65 decibels). Sound levels, however, may be exceeded during short-term events out of human control, such as utility outages and/or severe wind storms.

4. The windmill shall be painted or treated a nonreflective, unobtrusive color that blends the facility and its components into the surrounding landscape and rooftop and incorporate nonreflective surfaces to minimize any visual disruption. In general, the factory default gray color is appropriate.

5. Shut-Off Mechanism. The system shall be designed with an automatic shut-off mechanism, so that in the event of a power outage, the facility will not back-feed into the power grid.

6. Code Compliance. All wind energy systems shall be designed and constructed to be in compliance with pertinent provisions of the International Building Code, National Electric Code, and any other applicable codes.

7. Over-Speed Control. All wind energy systems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer.

8. Subdivision Covenants, Conditions, and Restrictions (CC&Rs). Some CC&Rs may contain restrictions on rooftop wind energy facilities. The more restrictive of the city code and the subdivision CC&Rs shall apply.

C. Maintenance. All wind energy facilities shall be maintained in good condition and in accordance with all requirements of this section.

D. Inspections Required. All wind energy systems require a building permit. No facility shall be connected to the power grid until the Eagle Mountain City power department or other utility providing electric service has inspected and approved the system.

E. Net Metering. The owner of the system must sign a net metering agreement with Eagle Mountain City prior to connecting to the power grid.

F. Building Permit Application. The applicant shall submit a building permit application to the city building department. As part of the submittal and in addition to the application requirements, the applicant shall be required to submit the following items:

1. Elevations/renderings of the building showing the wind energy system.

2. A line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

G. Approval. Approval shall be given based upon compliance with the standards of this section and requirements of the city building department, the International Building Code, the National Electrical Code, planning director (or designee) and energy department director (or designee). [Ord. O-11-2010 § 2 (Exh. A)].

A. Allowed Areas. Solar energy devices may be installed upon the roof of the primary structure or an accessory structure within any zone upon compliance with this section.

B. Design Standards. All solar energy devices shall comply with the following standards.

1. Collectors shall not extend beyond the lower or upper roofline, or beyond a parapet wall on a flat roof.

2. Collectors on a flat commercial or industrial roof shall be screened so as not to be visible from any public street. Screens shall be aesthetically incorporated into the design of the building and shall conform to the color and materials of the primary building.

3. Collectors on sloped rooftops shall maintain the same angle as the roof, mounted parallel to and flush with the roof slope, and shall not be propped up on one side.

4. Collectors on rooftops shall have a solar skirt/netting installed around the entire panel array per industry standards and maintained in good repair. These must be attached below the panels and above the roof to prevent birds from getting under the panel and nesting and/or roosting.

5. Measures shall be taken to minimize sunlight reflection into neighboring windows and rights-of-way. Collectors may be required to be removed if proven to be a safety hazard.

6. The ends of the panel arrays shall be covered and mounting brackets shall blend with the roof.

7. The piping shall blend with the surface to which it is attached.

8. The color of collector frames shall be as compatible as possible with the roof color.

9. Subdivision Covenants, Conditions, and Restrictions (CC&Rs). Some CC&Rs may contain restrictions on solar energy devices. The more restrictive of the city code and the subdivision CC&Rs shall apply.

C. Maintenance. All solar energy devices shall be maintained in good condition and in accordance with all requirements of this section.

D. Building Permit Application. The applicant shall submit a building permit application to the city building department. Additional application requirements apply as per the building department.

E. Inspections Required. All solar energy devices require a building permit and proper inspections by the city building department. No device may be connected to the power grid until the Eagle Mountain City power department or other utility company providing electric service has inspected and approved the system.

F. Net Metering. The owner of the device must sign a net metering agreement with Eagle Mountain City prior to connecting to the power grid. Failure to do so may result in a fine and/or permit revocation.

G. Approval. Approval shall be given by the building department based upon compliance with the standards of this section and requirements of the city building department, the International Building Code, the National Electrical Code, and approval by the planning director (or designee) and energy department director (or designee). [Ord. O-45-2023 § 2 (Exh. A); Ord. O-11-2010 § 2 (Exh. A)].

This chapter regulates the design and placement of commercial and governmental identification/communication devices and structures that are built specifically to identify, inform and direct patrons to a particular merchant, store, establishment, development or service. These regulations apply to both on-premises and off-premises signs, but do not apply to handheld placards and other similar devices traditionally used for public protest and the exercise of free speech. This chapter does not regulate the content of free speech. [Ord. O-06-2010 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-26-2008 § 2 (Exh. A § 16.1); Ord. O-18-2008 § 2 (Exh. A § 16.1); Ord. O-17-2006 § 2 (Exh. 1 § 16.1); Ord. O-23-2005 § 3 (Exh. 1(1) § 16.1)].

The purpose of this chapter is to regulate signs and to authorize the use of signs that are: compatible with their surroundings; legible under the circumstances in which they are seen; conducive to promoting traffic safety and the enjoyment of public travel by preventing visual distraction; protecting pedestrians; preserving and enhancing property values and establishing and enhancing high-quality office and commercial developments.

This chapter is also established to promote both short-term and long-term civic beauty and order by establishing standards and regulations for sign design, location, type, size, compatibility and aesthetics. It is intended that this chapter will assist the city in achieving its objective of having both functional and attractive streetscapes. [Ord. O-06-2010 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-26-2008 § 2 (Exh. A § 16.2); Ord. O-18-2008 § 2 (Exh. A § 16.2); Ord. O-17-2006 § 2 (Exh. 1 § 16.2); Ord. O-23-2005 § 3 (Exh. 1(1) § 16.2)].

Every person or entity that proposes to or who installs, erects or constructs new permanent signs, or makes alterations, adjustments, reconstruction or other changes to existing signs, shall first obtain a permit, unless otherwise exempted by this chapter. [Ord. O-06-2010 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-26-2008 § 2 (Exh. A § 16.3); Ord. O-18-2008 § 2 (Exh. A § 16.3); Ord. O-17-2006 § 2 (Exh. 1 § 16.3); Ord. O-23-2005 § 3 (Exh. 1(1) § 16.3)].

Only property owners, sign lessors or their duly authorized agents shall make application for a sign permit on forms prepared by the planning department. No sign permit application shall be processed without the submission of the application and all supporting materials as required by this chapter, including the processing fee. Incomplete applications shall not be processed under any circumstance.

A. Supporting Materials. The sign permit application shall be submitted with the materials listed in this section. The planning director may determine and require that additional items not listed herein be submitted in order to evaluate the proposed sign permit application. The number of hard copies and electronic copies, as well as the appropriate format of each, will be determined by the planning director.

1. Site Plans. A site plan drawn to scale, showing the proposed location of the sign, parking areas, landscaped areas and buildings. If the proposed sign will be located within 100 feet of a property line, the parking areas, landscaped areas and buildings shall be shown for the property within 100 feet of the proposed sign.

2. Colored Graphics. Colored graphics showing the proposed sign copy, type of sign, and dimensions.

3. Fee. The processing fee required for a sign permit of $50.00 per sign face, as required by the current consolidated fee schedule approved by the city council. [Ord. O-02-2016 § 2 (Exh. A); Ord. O-06-2010 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-26-2008 § 2 (Exh. A § 16.4); Ord. O-18-2008 § 2 (Exh. A § 16.4); Ord. O-17-2006 § 2 (Exh. 1 § 16.4); Ord. O-23-2005 § 3 (Exh. 1(1) § 16.4)].

Sign permits for permitted signs may be approved by either the planning director or designee.

A. Planning Director or Designee Approval. The planning director or designee shall have the authority to review and approve sign permits that are in compliance with EMMC 17.80.060 and 17.80.070. In carrying out this responsibility, the planning director may also require signage applications to be reviewed by the planning commission in cases where signage is proposed that requires interpretation of these provisions or is otherwise unusual. This is not to be interpreted to mean that signage that violates this chapter or specific provisions may be reviewed, interpreted and/or approved by the planning commission. As part of the planning director’s or designee’s review, inspections may be required by the planning and building departments. The planning director or designee may approve, approve with conditions, or deny the application based upon findings of fact. [Ord. O-06-2010 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-26-2008 § 2 (Exh. A § 16.5); Ord. O-18-2008 § 2 (Exh. A § 16.5); Ord. O-17-2006 § 2 (Exh. 1 § 16.5); Ord. O-23-2005 § 3 (Exh. 1(1) § 16.5)].

The following general provisions and requirements shall apply to all signs and outdoor advertising structures that may be erected or maintained within Eagle Mountain City. The planning director shall approve signs that are in compliance with the regulations and standards contained herein. Signs shall be maintained in accordance with these provisions and standards.

A. Signs Installed in Compliance with Codes. Signs shall be installed according to requirements contained in the International Building and Electrical Codes, as applicable.

B. Traffic Hazards. No sign shall be erected where it may create a traffic safety hazard by: obscuring traffic control signs or signals; confusing drivers by appearing to be a traffic control sign or signal; or obstructing vision at intersections or driveways by being placed within a clear vision triangle. Signs shall not be fastened to traffic control devices, street signs, or utility poles.

C. Signs in Right-of-Way. Unless authorized by specific written agreement with the city, no sign shall be placed in or extend over any public right-of-way except traffic control signs, signs described in this chapter, city events or notices (Pony Express Days, recreation leagues, etc.), and public notices placed by public agencies.

D. Sign Illumination. All temporary signs must be nonilluminated. Allowed permanent signs may be nonilluminated, or illuminated by a constant, indirect source of illumination focused on the sign’s copy or be internally illuminated, halo illuminated, or externally indirectly illuminated, unless otherwise specified. All illuminated signs shall comply with the time limitations of EMMC 17.56.050(G). No animated, flashing, blinking, or moving signs shall be permitted, except that animated public service message signs displaying the time of day, temperature, and/or announcements of community events may be permitted by the planning commission. No sign illumination is permitted within the residential zone of the city unless approved by the planning director, or approved as part of a conditional use permit or master development plan. Electrical signs and spotlights or other fixtures used for the indirect illumination of signs shall be installed only in compliance with the city’s adopted International Electrical Code, International Building Code and Chapter 17.56 EMMC, Outdoor Lighting Standards.

1. Type of Sign Illumination. The type of sign illumination as otherwise set forth in this chapter:

a. Halo-Type Illumination. The light source is concealed behind an opaque face and the rays of illumination are projected outwards toward the edge of the sign, forming a “halo” effect around the exterior of the sign.

b. Internal Illumination. The light source is concealed entirely within a sign which makes sign graphics visible by transmitting light through a translucent or semitranslucent material.

c. External, Indirect Illumination. The light source is exposed and directed toward the sign face but is shielded or concealed from view with proper shields or glass lenses to avoid glare. Examples of external illumination include gooseneck light fixtures and ground-mounted light fixtures.

2. Externally Illuminated Sign Standards.

a. External illumination for signs shall comply with all provisions of this chapter, and is included within the total outdoor light output limits of EMMC 17.56.050(D), and shall comply with applicable lamp source and shielding restrictions.

b. Except as provided in subsection C of this section, externally illuminated signs shall be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare.

c. A light fixture mounted above the sign face may be installed with its bottom opening tilted toward the sign face, provided:

i. The bottom opening of the light fixture is flat (i.e., it could be covered by a flat board allowing no light to escape); and

ii. The uppermost portion of the fixture’s opening is located no higher than the top of the sign face (Figure 17.80.060-1). Light fixtures aimed and installed in this fashion shall be considered fully shielded for purposes of calculating the total outdoor light output limits of EMMC 17.56.050(D).

3. Internally Illuminated Sign Standards. Internally illuminated signs shall either be constructed with an opaque background and translucent text and symbols, or with a colored (not white, off-white, light gray, or cream) background and generally lighter text and symbols (Figure 17.80.060-2). Lamps used for internal illumination of internally illuminated signs shall not be counted toward the total outdoor light output limits of EMMC 17.56.050(D).

a. Other internally illuminated panels or decorations not considered to be signage according to this chapter (such as illuminated canopy margins, building faces, or architectural outlining) shall be subject to the standards applicable for such lighting, including but not limited to the lamp source, shielding standards, and total outdoor light output limits established in EMMC 17.56.050(D).

4. Neon Sign Standards. Neon sign lighting shall be included within the total outdoor light output limits of EMMC 17.56.050(D).

5. Single-Color LED Sign Standards. Single-color LED signs shall come equipped with dimming technology that automatically adjusts the display’s brightness based on ambient light conditions and comply with maximum nighttime brightness.

a. Single-color LED signs shall not exceed a maximum illumination of 200 nits during nighttime hours (between dawn and dusk) and a maximum illumination of 5,000 nits during daylight hours.

6. Time Limitations. All signs shall be turned off by 11:00 p.m. or when the business closes, whichever is later. Signs subject to time limitations are required to have functioning and properly adjusted automatic shut-off timers.

E. Compatibility. The design of signs, including materials and form, shall be compatible with the building or use to which they are an accessory.

F. Maintenance of Signs. Signs and their supporting structures shall be maintained so as not to create a health or safety hazard, or constitute a nuisance. Signs and their supporting structures shall also be maintained in good repair and operation and shall be repaired, repainted, relettered or otherwise maintained in good visual condition so as to not be an aesthetic detriment to the immediate and surrounding areas.

G. Abandoned Signs. Any sign that is not structurally sound or no longer serves to inform or attract the public, including illegible signs and signs advertising or identifying abandoned uses, shall be considered abandoned and shall be removed as required by this chapter. [Ord. O-12-2014 (Exh. A); Ord. O-06-2010 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-26-2008 § 2 (Exh. A § 16.6); Ord. O-18-2008 § 2 (Exh. A § 16.6); Ord. O-17-2006 § 2 (Exh. 1 § 16.6); Ord. O-23-2005 § 3 (Exh. 1(1) § 16.6)].

The following permanent signs shall be permitted in accordance with regulations and standards for this section. Any sign not expressly allowed by this chapter is prohibited. The planning director shall approve signs that are in compliance with requirements of EMMC 17.80.060, General provisions, and the regulations and standards contained herein.

A. Monument Signs in Agricultural and Residential Zones. Monument signs are allowed in all zones. Monument signs in the agricultural and residential zones may only be used in conjunction with a residential development, agricultural business, church, school or an institutional or recreational facility that has received approval from the city. These monument signs shall conform to the following standards:

1. Height. The maximum height shall be eight feet.

2. Sign Copy. The maximum sign copy shall be 64 square feet.

3. Setback. The setback shall be five feet from any property line.

4. Orientation. Monument signs shall be located perpendicular to the adjacent public street or public view if double-sided or, if single-sided, shall be parallel to the adjacent public street or public view.

5. Landscaping. All areas surrounding monument signs shall be landscaped with irrigated landscaping.

6. Compatibility. Monument signs shall be designed with colors and architecture that are compatible with the buildings that they identify. Supports shall have architectural coverings and design that complement the overall design scheme.

7. Illumination. Monument signs may be internally or externally lit and shall only illuminate the sign face or copy.

B. Combined Monument Signs in the Commercial and Industrial Zones. Developments that have multiple pads and are located in a commercial or industrial zone may be allowed to construct up to two combined monument sign structures per street frontage. The requirement to construct the monument sign structures may be a condition of approval for a site plan or conditional use. The developer shall ensure that the sign structure allows for as many building pads to be included as is reasonably possible. It is not a guaranteed right that all businesses will have sign space on the combined monument sign. The sign copy will be approved by the planning director or designee through the sign permit application process. All combined monument signs shall be designed and built in substantial conformance to the sign depicted in Figure 17.80.070(A) and must comply with the standards enumerated in subsections (A)(4) through (A)(7) of this section and the standards contained in this subsection. Minor variations to the sign design may be considered by the planning director. More significant variations require approval by the planning commission and city council; height and size requirements may not be exceeded.

Figure 17.80.070(A)

1. Height. The maximum height of a combined monument sign shall be 10 feet.

2. Sign Copy. The maximum sign copy of a combined monument sign shall be 100 square feet.

3. Materials. Each sign shall contain stone, rock, or brick at the base (at least two feet high) and vertically along at least one side (at least two feet wide). The sign copy may not exceed the height of the rock column, and may not extend beyond the rock base.

4. Design. Additional design elements may be considered by the planning director in order to give uniqueness to a development.

5. Setback. There is no required setback for combined monument signs. These signs must follow the clear vision triangle standards, and may not cause a traffic/visibility concern. The specific sign location must be approved by the planning director or designee.

C. Individual Monument Signs in the Commercial and Industrial Zones. Developments that have multiple pads and are located in a commercial or industrial zone shall be allowed to construct one individual monument sign for each freestanding building. In an effort to maintain aesthetic consistency, all individual monument signs within a project/development shall be substantially similar in design and materials. All monument signs must comply with the standards enumerated in subsections (A)(4) through (A)(7) and (C)(1) through (C)(6) of this section. Minor variations to the sign designs within a development may be considered by the planning director. More significant variations require approval by the planning commission and city council. If multiple businesses share a common structure, then a combined monument sign containing signage for each business is required. No individual monument sign is allowed for businesses that share a structure.

Figure 17.80.070(B)

Preferred example of an individual monument sign

1. Height. The maximum height shall be six feet. Additional design elements, such as those depicted in Figure 17.80.070(B), may be no higher than eight feet.

2. Sign Copy. The maximum sign copy of any monument sign shall be 32 square feet.

3. Materials. Each sign shall, at a minimum, contain stone, rock, or brick at the base (at least two feet high). The recommended monument sign design is depicted in Figure 17.80.070(B). The materials and design shall be consistent for each sign in the development/project.

4. Design. Each development should contain an element of uniqueness, but the signage throughout a development must be consistent.

5. Setback. There is no required setback for individual monument signs. These signs must follow the clear vision triangle standards, and may not cause a traffic/visibility concern. The specific sign location must be approved by the planning director or designee.

6. Proximity to Other Such Signs. Signs must be separated by at least 100 feet as measured diagonally across the property from center to center of both signs and shall be no closer than 100 feet to any other monument sign located on the same frontage.

D. Wall, Canopy, or Awning Signs. Wall, canopy, or awning signs are allowed in commercial and industrial zones, as well as in approved mixed-use projects for commercial, industrial and airport uses. Wall signs shall not take up more than 10 percent of any wall area on which the sign is located. Canopy or awning signs shall not be included in the calculation of the wall sign area, although the sign copy for canopy signs shall not exceed 50 percent of the canopy area.

1. Illumination. Wall signs may be internally or externally lit and shall only illuminate the sign face or copy. Canopy and awning signs may be externally lit and shall only illuminate the sign face or copy.

E. Changeable Copy Signs. Changeable copy signs on a marquee, reader board, or other replaceable copy area are allowed in commercial and industrial zones, as well as in approved mixed-use projects for commercial, industrial and airport uses. The changeable wording area shall not exceed 50 percent of the total sign face. Animated signs, with the exception of city-controlled public announcement signs, are not permitted in the city. All lettering, background, and other aspects of changeable copy signs shall be maintained and repaired consistently to ensure that no discoloring or bleaching occurs. Gas station advertising signage is exempt from the 50 percent size restriction and is reviewed as a standalone commercial monument sign.

F. School Monument Signs. Monument signs for public schools, charter schools, and private schools must be used primarily for informational or civic purposes, and may include electronic message centers, reader boards, or other replaceable copy signs. These signs must comply with the following standards:

1. Height. The maximum height of a school monument sign shall be 20 feet.

2. Sign Copy. The maximum sign area shall be 160 square feet.

3. Design. All signs on a site shall have consistent materials and design elements.

4. Setbacks. Signs must follow the clear vision triangle standard and may not cause a traffic/visibility concern. The specific sign location shall be approved by the planning director or his/her designee.

5. Electronic message centers/reader boards shall also meet these criteria:

a. Electronic message boards or reader boards shall not exceed 45 square feet.

b. Electronic message boards or reader boards may not exceed 50 percent of the total sign area.

c. Electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and must be programmed to automatically dim according to ambient light conditions and comply with maximum nighttime brightness and illumination standards found in EMMC 17.80.060(D), Sign Illumination.

[Ord. O-03-2022 § 2 (Exh. A); Ord. O-05-2019 § 2 (Exh. A); Ord. O-08-2016 § 2 (Exh. A); Ord. O-06-2010 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-26-2008 § 2 (Exh. A § 16.7); Ord. O-18-2008 § 2 (Exh. A § 16.7); Ord. O-17-2006 § 2 (Exh. 1 § 16.7); Ord. O-23-2005 § 3 (Exh. 1(1) § 16.7)].

Directional off-premises double-faced ladder signs located in the shoulder of the city’s right-of-way (ROW) along city streets are only permitted as this chapter allows. No other off-premises signs are permitted in the right-of-way, unless specifically allowed in this chapter. These ladder signs are intended to direct traffic to a business with an active city business license, subdivision or development project, model home, neighborhood, city facility or park, or not-for-profit entity. Ladder signs and sign inserts/slats shall comply with the following requirements:

A. Allowed Signs. Ladder signs are intended to direct people to, and/or advertise for, a licensed business, model home, new subdivision, city facility or park, not-for-profit entity, neighborhood, or community event. All advertisers must have an active Eagle Mountain City business license (if required to obtain a license) and be current members of the Eagle Mountain Chamber of Commerce. Advertising priority shall be given in the following order:

1. Commercial or home-based businesses located within Eagle Mountain City and nonprofits with primary operations within Eagle Mountain City.

2. Residential or commercial developers advertising for active projects within Eagle Mountain City.

3. Commercial or home-based businesses not located within Eagle Mountain City and nonprofits with primary operations outside Eagle Mountain City.

B. Application. Interested advertisers shall submit, on forms prepared by Eagle Mountain City, an application to the economic development director or Eagle Mountain Chamber of Commerce if a separate concessions agreement has been entered into, to be added to a wait list for advertising space on ladder signs. Application shall include:

1. Business name, address, and business type.

2. Eagle Mountain City business license number (if required).

3. Proof of Eagle Mountain Chamber of Commerce membership.

4. Signage requested.

5. Preferred location of sign.

C. Sign Inserts. The sign inserts may contain advertising and/or directional information. All advertising copy shall be approved by the economic development director or designee. Sign copy shall be readable from 30 feet (minimum of three-inch-tall letters). The logo at the top of each sign shall be the approved Eagle Mountain City logo or as approved by city council. There are four allowable insert sizes on each ladder sign structure: small (16-inch by 72-inch), medium (32-inch by 72-inch), large (80-inch by 72-inch) or extra-large (96-inch by 72-inch) sign inserts. The total advertising area may not exceed 96 inches by 72 inches. Advertisers may reserve a maximum of two large or extra-large size signs throughout the city. Any additional space would be limited to small or medium size sign inserts. The maximum sign structures a single entity, or its associated affiliates, may advertise on is five.

D. Sign Ownership. The city shall maintain ownership of all signs, and may contract out the construction, maintenance, and management of the signs. The city may place directional signs leading to city facilities in any appropriate right-of-way location.

E. Billing and Payment. Eagle Mountain City or designee may bill advertisers on a semiannual or annual basis. Signs may be removed for nonpayment after 30 days.

F. Maintenance. Sign structures and slats shall be maintained in good repair and shall be repainted, repaired, or otherwise maintained in good visual condition.

G. Location. Signs may be located on arterial or collector roads throughout the city, and generally spaced at least 1,000 feet apart, excluding any ladder signs used exclusively for city facilities. Within business areas and near major intersections the signs may be spaced closer together, but no less than 300 feet apart. No on-site or commercial advertising sign existing at the time of relocation of or construction of a new ladder sign may be blocked or obstructed. Specific ladder sign locations are designated on the approved map. If a sign location is requested outside of the approved map, the city council may amend the map and approve the new location. In all cases, the placement of signs shall not create a traffic hazard.

H. New Signs. The economic development director or designee shall determine which signs from the approved map should be constructed. Businesses shall be drawn from the wait list. Existing signs should be filled before new signs are added.

I. Maximum Number. Excluding any directional ladder signs to city facilities, the maximum number of ladder signs that will be permitted in the rights-of-way is 60. [Ord. O-43-2023 § 2 (Exh. A); Ord. O-32-2022 § 2 (Exh. A); Ord. O-19-2019 § 2 (Exh. A); Ord. O-08-2016 § 2 (Exh. A); Ord. O-02-2012 § 2 (Exh. A); Ord. O-06-2010 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-26-2008 § 2 (Exh. A § 16.8); Ord. O-18-2008 § 2 (Exh. A § 16.8); Ord. O-17-2006 § 2 (Exh. 1 § 16.8); Ord. O-23-2005 § 3 (Exh. 1(1) § 16.8)].

A. On-Premises Special Event Signs. The planning director or designee may approve a permit for on-premises special event signs, such as flags, banners, or other signs, subject to the following:

1. For each business location, one permit (for up to two signs) may be obtained at a time and up to one permit may be obtained in a calendar year for the following:

a. For each permit, the maximum sign copy may not exceed 32 square feet in size for one sign or a total of 32 square feet between two signs.

b. Signs may not be posted or visible for a period of more than 60 consecutive days.

2. For each business location, one permit (for up to four signs) may be obtained at a time and up to three permits may be obtained in a calendar year for the following:

a. For each permit, the maximum sign copy may not exceed 32 square feet in size for one sign or a total of 32 square feet between four signs.

b. Signs may not be posted or visible for a period of more than 12 consecutive days.

3. On-premises special event signs may include signs used for advertising a special event such as a business grand opening, special business sale event, employment opportunity, registration events, or other similar events or activities.

4. The planning director may approve on-premises special event signs to be located within or partially within the public right-of-way directly adjacent to a business location.

B. Right-of-Way Special Event Signs. The planning director or designee may approve a permit for special event signs such as flags, banners, or other signs for the purpose of temporarily advertising special events within the public right-of-way subject to the following:

1. No more than one permit (for up to four signs) may be obtained at a time and no more than three permits may be obtained in a calendar year.

2. Right-of-way special event signs may include signs used for advertising a fundraiser event, concert, school activity, farmers market, parade of homes, or other similar event that the planning director or designee determine to be special events. Special events do not include small, private events like yard sales, garage sales, moving sales or lost pet signs.

3. For each permit, the maximum sign copy may not exceed 32 square feet in size for one sign or a total of 32 square feet between up to four signs.

4. Signs may not be posted for a period of more than 12 consecutive days.

5. The permit holder is solely responsible to remove the signs by the appropriate date.

6. Right-of-way special event signs are not allowed on private property.

C. Inflatable Special Event Signs. The planning director or designee may approve a permit for a tube man inflatable sign (a.k.a. skydancer, wacky waving inflatable arm, or fly guy) subject to the following:

1. The sign will be located in commercial, business park, commercial storage, or industrial zones.

2. The maximum height of the sign does not exceed 22 feet. The diameter at the base of the sign does not exceed 30 inches.

3. Signs may not be operational or visible for a period of more than 12 consecutive days.

4. For each business location, no more than one permit for up to two inflatable signs may be obtained at a time and no more than three permits may be obtained in a calendar year.

5. Signs shall be set back a distance equal to or greater than the height of the sign from all rights-of-way, lot lines, and overhead utility lines, and shall be spaced no closer than 25 feet to other inflatable signs.

D. Approval Process. An application for a special event sign permit together with the special event sign permit application fee must be made on forms provided by the city. Any special event sign permit application that is not approved by the city within 30 days shall be deemed denied.

E. Restriction on Location. Temporary right-of-way signs may not be located in the park strip (between the street and the sidewalk), but may be located between the sidewalk and the property line or fence. Temporary signs shall not be placed in the public right-of-way, a required parking space, a driveway, or in a manner that obstructs points of access. No sign shall be positioned in such a manner as to result in the creation of an unsafe visual clearance at any intersection or driveway location. Signs may not be placed on utility poles, light poles, fences, or trees.

F. Penalty for Violation. Any person or entity that places or installs a special event sign without a permit shall be subject to a fine of $250.00 for each day of the violation. The planning director may also withhold approval of any new special event sign permit for a period of two years from the date of the last violation. [Ord. O-03-2020 § 2 (Exh. A); Ord. O-03-2018 § 2 (Exh. A); Ord. O-08-2016 § 2 (Exh. A); Ord. O-06-2010 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-26-2008 § 2 (Exh. A § 16.9); Ord. O-18-2008 § 2 (Exh. A § 16.9)].

Small private events such as yard sales, garage sales, and moving sales must comply with the following signage standards:

A. Sign Copy. Signs may be no larger than four square feet in size.

B. Location. Signs must be located on private property, unless the sale is registered with the city prior to the date of sale for temporary right-of-way signage. On major streets (arterial and major collectors) signs may not be located in the park strip (between the street and the sidewalk/trail), but may be located between the sidewalk and a property line or fence. Signs may not be placed on utility poles, light poles, fences, or trees. On local roads, signs are allowed in the park strip.

C. Duration. Temporary signs in the right-of-way that serve as directional signs to the event may be posted on the day of the sale only, and must be removed by the end of the day. It is the owner’s responsibility to remove all signage during the appropriate time period. No sale or signage will be permitted for more than two consecutive days.

D. Approval Process. The yard/garage sale must be registered with the city for any signage to be allowed in the public right-of-way. Any sign in the public right-of-way that is not registered with the city may be immediately removed. [Ord. O-08-2016 § 2 (Exh. A); Ord. O-02-2016 § 2 (Exh. A); Ord. O-06-2010 § 2 (Exh. A)].

Community entrance signs located in the median or shoulder of the city’s right-of-way (ROW) along streets classified as arterials or collectors shall only be allowed under specific agreement with the city. Community entrance signs shall be constructed, installed, and maintained at the expense of the original applicant in accordance with the specifications outlined in the submitted application and as determined by the city council. The exact location of each sign and the sign copy shall be subject to review and approval by the Eagle Mountain planning commission and city council.

A. Approval Process. Community entrance signage shall not be construed as an absolute right upon submission of an application and does not require the approval body to take action based upon findings of fact. At their discretion, the planning commission may recommend and the city council may approve community entrance signs along streets classified as arterials and collector roads. The placement of the signs shall not create a traffic hazard. Since these signs are within the city’s right-of-way, the applicant must enter into an agreement to lease the city’s property. The city council shall approve the agreement, which will detail the terms and conditions of the property lease as well as the design of the signage. The lease fee shall be equal to the fee established in the city’s current consolidated fee schedule for off-premises ladder signs. [Ord. O-08-2016 § 2 (Exh. A); Ord. O-06-2010 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-26-2008 § 2 (Exh. A § 16.9); Ord. O-18-2008 § 2 (Exh. A § 16.9); Ord. O-17-2006 § 2 (Exh. 1 § 16.9). Formerly 17.80.100].

All signs exempt from the permit process shall comply with the general provisions of this chapter except traffic signs approved by the city engineer. No sign permits shall be required for the following signs:

A. On-Premises Project Sign. One on-premises project sign may be erected for projects that have received either site plan approval or final subdivision approval. This sign may contain information about the approved business or project, and shall not exceed eight feet in height and 32 square feet of sign copy per side if double-faced. This sign shall be allowed until the development is complete or within one year of posting, whichever occurs first.

B. On-Premises Real Estate Sign. One on-premises real estate sign for lots less than one acre in size. The real estate sign shall not exceed eight feet in height and nine square feet of sign copy per side if double-faced. For lots that are larger than one acre in size, the property will be allowed to display a sign that shall not exceed 10 feet in height and 16 square feet of sign copy per side if double-faced. Real estate signs shall be allowed until the transaction with the property is complete.

C. Political Signs.

1. Private property political signs that do not exceed eight feet in height and 32 square feet per side if double-faced; provided, that such signs do not violate any other provisions.

2. City owned or leased property political signs are not permitted on any city owned or leased property including rights-of-way and median strips with the following exceptions:

a. Southeast corner of N Eagle Mountain Boulevard and E Aviator Avenue Parcel Number 66:584:0052. (See Exhibit A.)

b. North side of Pony Express Parkway at Hidden Valley Parkway. Parcel Number 58:040:0325. Behind the benches. (See Exhibit B.)

c. South Side of Pony Express Parkway east of Silverlake Amphitheatre. Parcel Number 58:040:0393. Place signs south of the trail. (See Exhibit C.)

3. All signs placed on city owned or leased property must comply with the following regulations:

a. Political signs that do not exceed eight feet in height and 32 square feet per side if double-faced; provided, that such signs do not violate any other provisions.

b. No signs on city owned or leased property where permitted shall be placed prior to the opening for candidate filing period.

c. Signs placed on city owned or leased property where permitted shall be removed as follows:

i. Within five days after the primary elections for those candidates that are no longer running for office.

ii. Within five days after the general election for all others.

d. Only one sign per candidate per location.

Signs placed on city owned or leased property not in accordance with subsection (C)(3) of this section are subject to removal by city staff.

Exhibit A

Exhibit B

Exhibit C

D. Temporary Use Signs. Signs for temporary uses that have obtained a business license, if required, from the city may be installed as follows: one sign on a temporary basis located on premises that shall not exceed eight feet in height and 32 square feet of sign copy per side if double-faced. Temporary use signs will be allowed as long as the temporary use has a business license from the city.

E. Property Signs. Property signs no larger than nine square feet of sign copy per side if double-faced. These signs shall be permitted indefinitely as long as the sign is in compliance with the general provisions of this chapter.

F. Nameplate Signs. One nameplate sign identifying owners and addresses and no larger than two square feet of sign copy per side if double-faced.

G. Traffic Signs. Traffic signs as required by law which are approved by the city engineer and erected by or on behalf of a public agency. Traffic signs deemed necessary by the city engineer may not be required to comply with provisions of this chapter.

H. Civic Signs. Civic signs on private property which announce holidays or public interest events sponsored by nonprofit organizations; public service signs or signs related to community service projects not to exceed eight feet in height and 32 square feet of sign copy per side if double-faced.

I. Window Signs. Window signs including posters, messages, or displays painted or mounted on the interior side of a window may be used to advertise special promotions.

J. Public Notice. The display of official notices used by any court, public body or official, or the posting of notices by any public officer in the performance of a duty, or by any person giving legal notice at the direction of a governmental entity.

K. Community Event Signs. Temporary community event signs displayed by the city, or one of its committees, subcommittees, councils, boards, or city partner agencies, to promote community events.

L. Model Homes. One on-premises sign for model homes; provided, that the on-premises sign does not exceed 32 square feet in size. A maximum of six flags not to exceed 15 square feet each posted on flag poles not to exceed 20 feet measured from the grade level to the top of the pole. The flags’ colors shall be consistent with the on-premises sign. In addition, a single flag pole that complies with the standards for ancillary structures defined in Chapter 17.25 EMMC may be constructed. Flags allowed on this flag pole include only the national flag of the United States of America, the Utah State, and the official Eagle Mountain flags; no commercial flags shall be allowed on this flag pole. American flags shall not exceed 40 square feet in size. Two A-frame or temporary directional signs of no more than four square feet per builder per subdivision are allowed in the right-of-way adjacent to the model home and in the park strip of the nearest major street corner. These signs shall be directional only, not containing other advertising. These signs are only allowed during model home hours, and must be removed each evening at closing.

M. Real Estate Open House Signs. One A-frame or temporary directional sign of no more than four square feet for real estate open houses for individual home sales is allowed in the park strip of the nearest street corner, one day per week, to be put up no more than one hour prior to the open house and must be removed within one hour after the open house.

N. Temporary Informational Signs. Small informational signs such as lost pet signs, neighborhood or religious activity signs, youth sales signs (such as lemonade stands), and other signs for noncommercial purposes (i.e., not promoting a business of any kind, except youth sales) are allowed in the right-of-way. These signs may not be located in the park strip (between the street and the sidewalk) on major streets, but may be located between the sidewalk and a property line or fence. These signs may not be placed on utility poles, light poles, fences, or trees. The code enforcement officer has the authority to remove signs without notice if they have not been removed in a timely manner or if they present a safety hazard.

O. On-Premises Home Business Signs. Home businesses with a valid business license from Eagle Mountain City may place one nonilluminated wall sign no larger than four square feet in size on the front of the principal dwelling no higher than the first story.

P. Official Signs. Signs that are owned and operated by Eagle Mountain City and are used for informational or civic purposes, including advertising special events within Eagle Mountain City. Official signs may include electronic message centers, reader boards, or other replaceable copy signs. Official signs that do not comply with the general provisions of this chapter must be approved by the city council. Electronic signs should be turned off between the hours of 12:00 a.m. and 5:00 a.m., except in the case of necessary communications. Electronic signs shall also comply with EMMC 17.80.070(F)(5)(c) in relation to maximum nighttime brightness and illumination.

Q. Flagpoles. Any flagpole must comply with the following standards:

1. In residential zones:

a. A standalone flagpole not to exceed 35 feet in height may be installed for every residential dwelling unit.

2. In nonresidential zones:

a. Nonresidential developments may install flagpoles up to 80 feet in height.

b. Secondary flags shall be limited to state and city flags.

3. Size. The size of the flag material, when measured diagonally, shall not exceed the structural integrity of the pole.

a. If designed to accommodate such, flagpoles may hold more than one flag so long as the combined size of all flags, when measured diagonally, does not exceed one-half of the height of the flagpole.

b. National flags shall be the primary flag with all state and city flags as secondary to the national flag.

4. Location. All flagpoles shall be located outside of any public right-of-way and in a place that will not impede traffic or cause a hazard for pedestrians or vehicles.

R. Athletic Facility Signs. All signs must be attached to the fence, bleachers, or scoreboard, and shall not extend higher than the top of the fence, scoreboard, or bleachers, and shall not be located in any clear vision triangle. These signs may provide off-premises advertising. Athletic facility signs are permitted in all zones.

[Ord. O-31-2025 § 2 (Exh. A); Ord. O-21-2025 § 2 (Exh. A); Ord. O-01-2022 § 2 (Exh. A); Ord. O-14-2020 § 2 (Exh. A); Ord. O-03-2020 § 2 (Exh. A); Ord. O-17-2019 § 2 (Exh. A); Ord. O-05-2019 § 2 (Exh. A); Ord. O-08-2016 § 2 (Exh. A); Ord. O-02-2016 § 2 (Exh. A); Ord. O-02-2012 § 2 (Exh. A); Ord. O-06-2010 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-26-2008 § 2 (Exh. A § 16.10); Ord. O-18-2008 § 2 (Exh. A § 16.10); Ord. O-17-2006 § 2 (Exh. 1 § 16.10); Ord. O-23-2005 § 3 (Exh. 1(1) § 16.9). Formerly 17.80.110].

The following signs as defined in EMMC 17.80.160 shall be prohibited: visible moving, revolving, or rotating parts signs, sign twisters signs, snipe/bootleg signs, vehicular signs including unlicensed, inoperable or immovable vehicles or trailer signs (but not including actively used construction trailers not functioning solely as signs), pole signs, inflated signs (except as permitted in EMMC 17.80.090), ribbons, balloons and billboards. In addition, any signs that emit sound, smoke or steam are prohibited. Staff may make an exception for memorial and honorarium ribbons. [Ord. O-03-2020 § 2 (Exh. A); Ord. O-03-2018 § 2 (Exh. A); Ord. O-08-2016 § 2 (Exh. A); Ord. O-02-2016 § 2 (Exh. A); Ord. O-02-2012 § 2 (Exh. A); Ord. O-06-2010 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-26-2008 § 2 (Exh. A § 16.11); Ord. O-18-2008 § 2 (Exh. A § 16.11); Ord. O-17-2006 § 2 (Exh. 1 § 16.11); Ord. O-23-2005 § 3 (Exh. 1(1) § 16.10). Formerly 17.80.120].

A nonconforming sign may be maintained and repaired, even if such a repair may not bring the sign into compliance with this chapter. If a nonconforming sign is damaged or allowed to deteriorate in an amount in excess of 50 percent of its replacement cost, the sign shall not be repaired unless such a repair shall result in the sign coming into compliance with the provisions of this chapter. [Ord. O-08-2016 § 2 (Exh. A); Ord. O-06-2010 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-26-2008 § 2 (Exh. A § 16.12); Ord. O-18-2008 § 2 (Exh. A § 16.12); Ord. O-17-2006 § 2 (Exh. 1 § 16.12); Ord. O-23-2005 § 3 (Exh. 1(1) § 16.11). Formerly 17.80.130].

The planning director, or designee, shall perform the following duties and use the following procedures when enforcing sign regulations:

A. Compliance. Determine and ascertain that all signs, construction, reconstruction, or alterations of existing signs are completed in compliance with this chapter.

B. Site Inspections. Conduct site inspections to determine compliance with this chapter.

C. Instigate Proceedings. Instigate appropriate action or proceedings in any case where a sign is illegally erected, constructed, altered, repaired or maintained in violation of any city ordinance, including the provisions of this chapter.

D. Notices of Violation. Issue verbal or written notice of violation to owners or persons having control, charge or benefit of any sign that is found to be unsafe or in violation of city ordinances or this chapter, including all general provisions (EMMC 17.80.060).

E. Unsafe or Dangerous Signs. Abate and remove signs that are unsafe or dangerous.

F. Removal of Illegal Signs. Assist applicants to bring into compliance signs that are illegal under the provisions of this chapter or that are installed without a permit. The planning director or designee shall have the authority to abate and remove such signs if they are not brought into compliance within seven calendar days after written notice has been given to the owner or party in interest advertised on the sign. The person responsible for such sign shall be liable for the cost of removal and the city is authorized to effect the collection of said cost.

G. Removal of Temporary Signs. Abate and remove temporary signs posted upon private property if they are not made conforming within 72 hours after being noticed. Verbal or written notice is sufficient warning for these signs. The person responsible for such an illegal sign shall be liable for the cost of its removal and the city is authorized to effect the collection of said cost.

H. Removal of Signs on Public Property. Remove or require the immediate removal of any sign posted on public property. Such signs, though removed, shall not be destroyed for at least seven calendar days from the date of removal. In no case shall a failure to remove such signs constitute approval by the city of the illegal placement of the sign.

I. Removal of Abandoned Signs. Remove or require the removal of all signs that are nonmaintained, abandoned, or that identify a discontinued or abandoned use within 45 calendar days after giving written notice to the person having control of or receiving benefit from the sign. The person responsible for such a sign shall be liable for the cost of its removal and the city is authorized to effect the collection of said cost.

J. Continual Sign Erection without Permits. Persons who continue to erect signs without the proper permits may have the unauthorized signs removed without notice. All signs removed by the city will be impounded. Owners of impounded signs shall pay a fee before the signs are released.

K. Fines. The penalties associated with violations of this chapter shall be consistent with the consolidated fee schedule as adopted by the city council. [Ord. O-18-2021 § 2 (Exh. A); Ord. O-08-2016 § 2 (Exh. A); Ord. O-02-2016 § 2 (Exh. A); Ord. O-06-2010 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-26-2008 § 2 (Exh. A § 16.13); Ord. O-18-2008 § 2 (Exh. A § 16.13); Ord. O-17-2006 § 2 (Exh. 1 § 16.13); Ord. O-23-2005 § 3 (Exh. 1(1) § 16.12). Formerly 17.80.140].

The following terms related to this chapter are hereby defined below:

“A-frame sign” means any sign or structure (usually freestanding, temporary and/or movable) composed of two sign faces mounted or attached back-to-back in such a manner as to form a triangular vertical cross-section through the sign faces.

“Abandoned sign” means a sign which is located on a property or place of business which has been vacated or which remains unused for a period of time exceeding 90 days.

“Advertising sign” means a sign which directs attention to a use, product, commodity or service.

“Alteration” in this chapter means changing or rearranging any structural part, sign face, enclosure, lighting, coloring, copy (except on reader signs that have changeable copy), graphics, components or location of any sign.

“Animated signs” means signs which incorporate moving or rotating parts or other special lighting effects with flashing or intermittent lights (excluding time and temperature signs or electronic message centers).

“Athletic facility sign” means a sign attached to a fence surrounding and immediately adjacent to an athletic facility and facing the interior or exterior of an athletic facility or a sign included as part of a scoreboard that is an integral part of an athletic facility or a sign attached to the bleachers surrounding the facility. For purposes of this chapter, an “athletic facility” is defined as a regulation size soccer, football, baseball, or softball field on a high school or middle school property, or the city-owned rodeo facility.

“Banner” means a building sign made of fabric, plastic, or a similar lightweight material and hung from a building, fence, wall or pole.

“Billboard” means an advertising sign not necessarily related to the premises on which it is located and intended for use of changeable copy by posting or repainting.

“Building sign” means any sign attached to or a part of a building. Several types of signs defined in this chapter may also be defined as building signs if they are attached to or are a part of a building.

“Canopy sign” means a building sign that is part of a fabric, plastic, or similar shelter supported by a noncombustible rigid framework attached to a building, and sheltering the building’s entrance or windows. Synonymous with “awning” for the purposes of this chapter.

“Changeable copy sign” means a variable message sign composed of individual letters panel-mounted in or on a track system.

“Clear vision areas” means corner areas at intersecting streets and/or driveways in which unobstructed vision of motor vehicle operators is maintained (see Chapter 17.60 EMMC for the specific requirements and an illustration of required clear vision areas).

“Community entrance sign” means a sign used to welcome people to the city or a monument at the entrance to specific neighborhoods indicating the name of the project, subdivision or neighborhood. Any community entrance sign not required to be installed as part of a master development plan or final plat shall be processed through the planning department with the appropriate application and fee.

“Community event sign” means a temporary sign displayed by the city, or one of its committees, subcommittees, councils, boards or city partner agencies, to promote community events.

Cornerstone. A cornerstone is carved or cast into a building, or a metal plaque permanently attached to a building. It carries no commercial message, but may include the building’s name, the date of its completion, and the names of owners, architects, contractors, etc.

Directional Signs. Directional signs are defined in two general categories as follows:

1. Any sign used to display the address of a commercial or industrial building or use, or to identify points of access, the direction of travel, and similar functions in off-street parking and loading areas. Such signs display no advertising or promotional copy, but may bear a logo or be in a distinctive design associated with the use to which they are accessory. Such name or logo shall not exceed more than 50 percent of sign area.

2. A sign erected by an official government agency to denote the name of any thoroughfare; to point out the route to any city, educational institution, public building, historic place or hospital; to direct and regulate traffic; and to denote any railroad crossing, bridge or other transportation facility for the convenience and safety of the general public.

“Double-faced sign” means a sign with two faces, back-to-back.

“Flag” means fabric, plastic, or similar lightweight material hung from a pole that may bear a logo, which is displayed with the intent to advertise or attract attention to a commercial enterprise.

“Freestanding sign” means any sign that has its own supporting structure, rather than being attached to and supported by a building.

“Frontage” means the distance or length of the side of any parcel that is adjacent to any public or private street, but does not include alleys, watercourses or limited access roadways.

“Illuminated sign” means any sign designed to emit artificial light or designed to reflect light from one or more sources of artificial light.

“Inflatable sign” means any advertising device which is supported by heated or forced air or lighter-than-air gases.

“Monument sign” means a freestanding sign whose sign face extends to the ground or to a base or pedestal.

“Movable, freestanding sign” means any sign not affixed to or erected into the ground.

“Nonconforming sign” means a sign or sign structure which lawfully existed prior to the adoption of the ordinance codified in this chapter but which does not conform to all or a part of the requirements of this chapter.

“Off-premises sign” means any sign which advertises a use, establishment, product or service that is sold, produced, manufactured or furnished at a place other than on the property on which said sign is located.

“On-premises sign” means a sign that advertises or directs attention to a use or establishment located on premises or a product or service available on premises.

“Pole sign” means a freestanding identification or business sign, which is supported by a pole(s), mounted permanently in the ground and the base of the sign copy is greater than nine feet in height.

“Political sign” means a temporary sign advertising a candidate for public office, a political party or a measure or issue scheduled for an election.

“Property sign” means on-premises signs that state the rights that the owner of that property wishes to enforce such as no dumping, no trespassing or no parking.

“Real estate sign” means a temporary sign indicating that the lot on which the sign is located, or any building or structure located thereon, is for sale, rent, or lease.

“Replacement,” for the purposes of this chapter, does not include the temporary removal of an existing sign for repair or refurbishment.

“Residential sign” means a freestanding or building sign that displays the address and the name of the occupants of a residence.

“Sign” means any and all advertising message, announcement, declaration, warning, statement, demonstration, illustration, insignia, words, space, figures or objects erected or maintained in view of any observer for the purpose of designating, identifying, promoting, advertising, directing or warning for the benefit of any person, product, company, entity or service; whether placed on the ground, rocks, trees, stumps, or other natural objects, or on a building, wall, roof, frame, support, fence, or other manmade structure. “Sign” also includes the accessory sign structures, supports, lighting systems and other attachments or components. The word “sign” does not include the flag, pennant or insignia of any nation, state, city or other political unit or any official notice issued by any court, public body or officer, or directional, warning or information sign or structure required or authorized by law.

“Sign area” means the entire area within a single continuous perimeter composed of squares, rectangles or other geometric figures which enclose the extreme limits of all sign elements affixed to the wall, including but not limited to cabinet structures, written copy, logos, symbols, decorative embellishments, border or roof treatments and illustrations.

“Sign copy” means the area on a sign in which letters, logos, and symbols are or can be printed upon.

“Sign face” means the part of a sign that is or may be used for advertising purposes.

“Snipe/bootleg sign” means a small sign of any material including but not limited to paper, cardboard, wood or metal when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, fences or other objects, and the advertising matter appearing thereon is not applicable to the premises upon which said sign is located.

“Special events sign” means a sign which calls attention to a business promotion or grand opening.

“Suspended signs” are attached to the ceiling of an arcade or the framework of a canopy and hang over a sidewalk.

“Temporary sign” means any permitted type of sign, but displayed for 60 days or less, except in the case of construction and real estate signs, which are temporary, but may be displayed until construction is complete or the property advertised has been rented or sold or otherwise allowed by this chapter.

“Traffic control sign” means standard regulatory signs installed by public agencies, including stop and yield signs, speed limit signs, etc., and permitted wherever warranted. When installed on private premises, such signs are directional.

“Vehicular sign” means a sign affixed to a vehicle or trailer for the purpose of advertising. Such sign shall only be applicable or regulated by this chapter when said vehicle or trailer is parked on a parcel other than the owner’s property for the primary purpose of conveying a business message.

“Wall face,” for the purpose of this chapter, means the visible outer surface area of a main exterior wall of a building. The area of the wall face shall be the total area of such surface including the area of doors and windows that are included in the main exterior wall.

“Wall sign” means a building sign painted directly on the wall of a building or attached to the wall of a building, and parallel with the wall to which it is attached. Wall signs extend no more than one foot from the building to which they are attached and do not extend above the roofline of the building to which they are attached

.

“Window sign” means signs, including posters, messages, or displays painted or mounted on the interior side of a window for special promotional or other temporary displays.

[Ord. O-31-2025 § 2 (Exh. A); Ord. O-03-2020 § 2 (Exh. A); Ord. O-08-2016 § 2 (Exh. A); Ord. O-06-2010 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-26-2008 § 2 (Exh. A § 16.14); Ord. O-18-2008 § 2 (Exh. A § 16.14); Ord. O-17-2006 § 2 (Exh. 1 § 16.14); Ord. O-23-2005 § 3 (Exh. 1(1) § 16.13). Formerly 17.80.150].

Schematic 17.80.170(a) – Model Home Signage

Signs shall be painted Monterrey Grey.

Schematic 17.80.170(b) – Directional Median Signage

Signs shall be painted Monterrey Grey.

Schematic 17.80.170(c) – Directional/Advertising Business Signage

Signs shall be painted Monterrey Grey.

[Ord. O-08-2016 § 2 (Exh. A); Ord. O-06-2010 § 2 (Exh. A); Ord. O-12-2009 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) Schematics 15.1 – 15.3). Formerly 17.80.160.].