Chapter 17.75 STANDARDS FOR SPECIAL USES

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)].

17.75.030 Applicability.

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

17.75.041 Adult group day care facility or child group day care/preschool center.

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)].

17.75.042 Assisted living facility.

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)].

17.75.043 Residential facility for persons with a disability.

“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)].

17.75.044 Residential juvenile group homes.

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)].

17.75.045 Residential rehabilitation and treatment facility.

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)].

17.75.046 Caretaker dwelling.

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 complimentary 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

17.75.051 Schools (public/charter/private).

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].

17.75.052 Religious or cultural meeting hall.

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

17.75.061 Animal care service.

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)].

17.75.062 Automobile gas/service station and car wash operations.

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)].

17.75.063 Check cashing and deferred deposit lenders.

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)].

17.75.064 Outdoor sales and display.

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)].

17.75.065 Parking garage.

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)].

17.75.066 Plant and tree nursery/garden center.

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)].

17.75.067 Portable storage/shipping container.

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)].

17.75.068 Reception/conference/meeting center.

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)].

17.75.069 Restaurant with drive-through services.

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)].

17.75.070 Sexually oriented business.

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)].

17.75.071 Tobacco specialty business.

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)].

17.75.072 Indoor shooting ranges.

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)].

17.75.073 Automobile sales and/or minor service.

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)].

17.75.074 Racetracks for go-karts, ATVs, and other motorized sports recreational facilities.

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)].

Article V. Industrial-Related Uses

17.75.081 Towing yards and vehicle storage.

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

17.75.091 Communication facilities and towers.

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)].

17.75.092 Utilities, public and private.

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

17.75.101 Construction office trailers.

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)].

17.75.102 Subdivision sales offices.

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)].

17.75.103 Temporary commercial uses.

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

17.75.111 Storage of commercial vehicles.

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)].

17.75.112 Swimming pool, hot tub and spa safety requirements.

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

17.75.120 Unbuildable lands.

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)].