Chapter 17.32
HISTORIC ZONES

Sections:

17.32.010    Historic residential development standards.

17.32.020    Historic commercial development standards.

17.32.010 Historic residential development standards.

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

B. Residential Zone Equivalencies and Controls.

1. Prior Zone: “Residential Tier 1.”

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

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

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

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

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

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

2. Prior Zone: “Residential Tier II.”

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

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

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

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

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

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

3. Prior Zone: “Residential Tier III.”

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

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

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

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

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

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

4. Prior Zone: “Residential Tier IV.”

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

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

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

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

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

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

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

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

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

Master Development Areas and Assigned Zoning Summary (Including Overlays) 

Community

Established

Base Zone(s)

Min. DA Res. Standard(s)

Overlay Zone(s)

Expiration

Arrival at North Ranch

10/15/23

Residential

1/2 ac. lot size

Equine

In Perpetuity

Ault Farms (Parkway Fields)

12/07/21

FR, R1, R2, R3, RC, MF1

Per Approved Plan

n/a

12/07/28 or at full build-out (unless extended)

Brandon Park Estates

04/24/17

Residential

Tier II; 8,000 sq. ft.

n/a

In Perpetuity

Clearview Estates/Ranches

04/25/13

Residential

Tier I; 1/2 ac. lot size

Equine

In Perpetuity

Eagle Heights Village (restated)

10/11/22

Per Approved Plan

Per Approved Plan

n/a

06/18/29

Eagle Mountain Properties

10/07/1997

Per Approved Plan

Per Approved Plan

n/a

Expired 10/07/2017

Evans Ranch

10/16/13

Per Approved Plan (Residential Zone Tier system density equivalency)

Per Approved Plan

n/a

In Perpetuity

Harmony

9/27/18

Residential

Per Approved Plan

Single and Multi

In Perpetuity

Lower Hidden Valley (Amended 2022)

6/23/11

Residential

Per Approved Plan (Residential Zone Tier system density equivalency)

Per Approved Plan

In Perpetuity

Oak Hollow

9/02/16

Residential/Commercial

Tier II

n/a

In Perpetuity

Oquirrh Mountain Ranch (Amended and Restated)

3/28/22

RC, OS-I, OS-N

Per Planning Area Table 3.1

n/a

03-28-28

Overland SITLA/Ivory

7/03/18

Per Approved Plan

Per Approved Plan

n/a

In Perpetuity with 10-yr Reviews Beginning Jan.-Feb. 28

Sage Park

10/27/2020

Business Park

Per Approved Plan

n/a

10/27/2040

Sage Valley

7/06/99

Per Approved Plan

Per Approved Plan

n/a

In Perpetuity

Scenic Mountain

9/10/09

Residential

Per Planning Area Table 2.1

n/a

In Perpetuity

Silver Lake (formerly Evans Ranch)

5/06/03

Town Core Residential (single and multi)

Per Paragraph 4 and Approved Plan

n/a

In Perpetuity

SITLA Pony Express

10/07/03

Town Core Residential, Village Core Residential and Satellite Commercial

Per Approved Plan and Vesting Section III

n/a

In Perpetuity

Spring Run

10/18/16

Per Approved Plan

Per Approved Plan

n/a

12/31/30

Sunset Flats

1/16/18

Residential

Tier I and II

n/a

01/16/28 to
01/16/31

The Ranches

5/06/1999

Per Approved Plan

Per Approved Plan

TDRs Allowable

03/10/18 or Until Build-Out

Upper Hidden Valley

3/25/16

Residential

Per Approved Plan

Certain Comm. and Mixed-Uses Allowed by CUP(s)/TDRs Allowable

In Perpetuity

Valley View

10/19/04

Valley View

Per Approved Plan (Low and Medium Density Areas)

n/a

In Perpetuity

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

[Ord. O-54-2024 § 2 (Exh. A)].

17.32.020 Historic commercial development standards.

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

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

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

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

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

P

=

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

C

=

Conditional (Due to their unique characteristics or negative effects that may not be compatible without conditions to mitigate or eliminate the detrimental impacts. Must comply with Chapter 17.95 EMMC)

S

=

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

Blank or

unlisted use

=

Prohibited

 

Land Use Table

Commercial Uses

Land Use

Commercial Zone

Automobile gas/service stations

C

Automobile sales and/or service

C

Auto and truck repair, including auto body

C

Bank or credit union w/o drive-thru

P

Bank or credit union w/ drive-thru

C

Child day care center/preschool

P

Commercial fitness and recreation

P

Commercial laundries

C

Contract construction services establishments

C

Convenience store

C

Laundry and dry-cleaning establishments

C

Meeting/reception rooms

C

Mixed-use residential development

C

Motels and hotels

C

Offices: medical, dental or professional offices, corporate offices or corporate campuses

P

Office/business parks with no industrial or warehouse space

P

Personal services

C

Pet store

C

Printing, lithography and publishing establishments

C

Radio, television, watch, jewelry, cell phone and shoe repair establishments

P

Restaurants w/o drive-thru

P

Restaurants w/ drive-thru

C

Retail: department stores, furniture outlets, warehouse stores, auto parts, lumber, hardware and home improvement

P

Retail, general

C

Sexually oriented business

 

Shopping centers (including grocery stores and/or general retail in multi-tenant buildings)

P

Utility structures: Public and/or private

P

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

F. Required Minimum Setbacks.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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