Division I. Introduction and General Information
Chapter 17.05
GENERAL PROVISIONS
Sections:
17.05.020 What this chapter does.
17.05.040 Regulatory authority.
17.05.050 Vested rights – Transition to this title.
17.05.070 Nonconforming uses and structures.
17.05.080 Most restrictive standards apply.
17.05.090 Conflict with private agreements.
17.05.120 Amendments to this title.
17.05.130 Amendments to the zoning map.
17.05.190 Enforcement and civil penalties.
17.05.010 Short title.
This title shall be known as the land use ordinance for Eagle Mountain City, and may also be so cited and pleaded. This land use ordinance shall be referred to herein as “this title,” and the chapters and sections hereinafter referred to shall be chapters and sections of this title, unless the context clearly indicates otherwise. [Ord. O-23-2005 § 3 (Exh. 1(1) § 1.1)].
17.05.020 What this chapter does.
This chapter establishes the purpose of this title, identifies the enabling statute pursuant to which it is adopted, allows certain vested rights during the transition from the regulations previously applicable to the lands included in Eagle Mountain, establishes a procedure for the vesting of rights for developments approved as provided by this title, and sets rules for the continuation of nonconforming lots, land uses and buildings. This chapter also establishes basic rules for the interpretation of this title and summarizes the procedural process for notices, approvals, and appeals of the land use authority. [Ord. O-23-2005 § 3 (Exh. 1(1) § 1.2)].
17.05.030 Purpose.
The purposes of this title are:
A. To protect property rights and resources and to coordinate development;
B. To promote and expand economic development of the city in order to create jobs in the city, to make success and products available in the city, and to expand and diversify the city’s revenue sources and tax base;
C. To foster the industries and other nonresidential land uses that will be conducive to the creation of a balanced mixture of land uses and an appropriate level of urban and nonurban development;
D. To promote the development of a safe and serviceable city resulting from an orderly development pattern and effective use of resources;
E. To encourage and facilitate orderly growth and development of the city that will result in efficient urban development, reduced public infrastructure and conservation of manmade and natural resources;
F. To provide adequate open space to prevent overburdening of the land, and to lessen congestion in the streets;
G. To regulate future growth and development within the city in accordance with the general plan and to provide for the efficient and orderly growth of the city;
H. To provide for adequate safety from fire, flood or other dangers, and to prevent overburdening of the land and undue congestion of population;
I. To provide for coordinated development of the city and to assure sites suitable for building purposes and human habitation. [Ord. O-23-2005 § 3 (Exh. 1(1) § 1.3)].
17.05.040 Regulatory authority.
This title is adopted pursuant to the authority granted by the Municipal Land Use, Development, and Management Act (Sections 10-9-102, 10-9-401, et seq., Utah Code Annotated 1953). This title establishes regulations for development of real property. No subdivision shall be recorded or subdivision lots sold unless the owner of the property proposed for sale of lots or land subdivision has complied with the provisions of this title. [Ord. O-23-2005 § 3 (Exh. 1(1) § 1.4)].
17.05.050 Vested rights – Transition to this title.
A vested right is the right to proceed with development under the regulations that applied prior to the incorporation of Eagle Mountain and the adoption of the ordinance codified in this title or the right to proceed under this title, as it existed at the time an application for a permit was approved. Vested rights to proceed with development initiated prior to the effective date of the ordinance codified in this title shall be established only by:
A. Building Permit. Having obtained a building permit.
B. Recorded Plat. Having recorded a final plat in full compliance with the provisions of previous regulations. Recording a final plat establishes a vested right to the lot layout and road network of the subdivision. It does not establish a vested right for any specific improvement of the lots. Such improvements must comply with this title and are subject to the current capital facilities requirements that may be needed to service such subdivision lots.
C. Master Development Plans. Having an approved master development agreement entitling property owners to density ceilings and permitted and conditional land uses of the approved zoning districts. All development standards and processes adopted with this title that do not conflict with the aforementioned master development agreement’s entitlements or other provisions specifically included in individual master development agreements shall be applicable to the property contained in the master development plan. [Ord. O-23-2005 § 3 (Exh. 1(1) § 1.5)].
17.05.060 Nonconforming lots.
Notwithstanding the vested rights described in EMMC 17.05.050, a nonconforming lot is a separate parcel of land that existed on the effective date of the ordinance codified in this title, but is too small to serve as a site for building in compliance with its requirements. Nonconforming lots may be developed only as indicated here.
A. Dividing Lots. Nonconforming lots shall be further divided only in order to bring adjoining lots closer to conformity. Where such divisions are made in a platted subdivision, an amended plat shall be filed. Otherwise, such divisions shall be exempt from the platting requirements of this title.
B. Single-Family Dwelling. Where the only requirement of this title preventing construction of one single-family dwelling on a nonconforming lot is a minimum lot size standard, the administrator is authorized to issue a building permit for one single-family dwelling (provided all other city provisions and requirements are met pursuant to the issuance of building permits). Where other standards make construction of one single-family dwelling on a nonconforming lot infeasible, the board of adjustment may accept nonconforming lot size as the basis for the minimum variances needed to permit the construction of one single-family dwelling. Conditions designed to mitigate potentially adverse consequences of development on a small lot may be attached to permits and variances issued pursuant to this requirement. [Ord. O-23-2005 § 3 (Exh. 1(1) § 1.6)].
17.05.070 Nonconforming uses and structures.
A nonconforming use or structure is one that was in existence on the effective date of the ordinance codified in this title, but that would not comply with one or more of the requirements of this title if submitted for approval after the adoption of the ordinance codified in this title. Nonconforming uses and structures run with the land and may continue subject to the rules established here.
A. Abandonment. The right to continue any nonconforming use is terminated when it is abandoned (as defined in Chapter 17.10 EMMC).
B. Change of Use. The use of a nonconforming site or building shall be changed only to a conforming use.
C. Repair or Maintenance. There shall be no limit on repair or maintenance activities for nonconforming uses and structures, but no such activity shall increase the size or degree of nonconformity.
D. Replacement. Nonconforming uses and structures may be replaced if they are destroyed involuntarily, but such replacement shall not increase the degree of nonconformity. [Ord. O-23-2005 § 3 (Exh. 1(1) § 1.7)].
17.05.080 Most restrictive standards apply.
Eagle Mountain City adopts uniform codes to provide minimum standards for protecting the public health, safety, and welfare through regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all private and public buildings, infrastructure, and public facilities. These codes include: International Fire Code (IFC); International Building Code (IBC); International Residential Code (IRC); Manual of Uniform Traffic Control Devices (MUTCD); American Association of State Highway and Transportation Officials (AASHTO) standards; and Eagle Mountain City Construction Specifications and Standards. When these codes along with state or federal laws impose additional requirements on activities governed by this title, the most restrictive shall apply. [Ord. O-23-2005 § 3 (Exh. 1(1) § 1.8)].
17.05.090 Conflict with private agreements.
This title does not nullify easements, covenants, deed restrictions, and similar private agreements, but where any such private agreement imposes standards that are less restrictive than those adopted here, the provisions of this title shall apply. [Ord. O-23-2005 § 3 (Exh. 1(1) § 1.9)].
17.05.100 Burden of proof.
The burden of demonstrating substantial compliance with the requirements and standards of this title for a land use entitlement rests with the developer or property owner. [Ord. O-23-2005 § 3 (Exh. 1(1) § 1.10)].
17.05.110 Severability.
If any provision of this title is held to be invalid by a court, the remainder shall continue to be in effect. [Ord. O-23-2005 § 3 (Exh. 1(1) § 1.11)].
17.05.120 Amendments to this title.
Amendments to this title may be initiated and proposed by the city through the planning director, planning commission or city council. Individuals may also propose amendments by submitting such amendments in writing and paying an application fee as adopted in the city’s consolidated fee schedule. The process for amending this title shall be that process allowed for and required by the Utah Code, as amended from time to time, for changing the city’s land use title. [Ord. O-23-2005 § 3 (Exh. 1(1) § 1.12)].
17.05.130 Amendments to the zoning map.
Map 1.1, Eagle Mountain City Zoning Map, is adopted as the official zoning map for the land contained within the incorporated limits of the city. The city has adopted land use plans through the master development plan process which serve as specific zoning maps for those areas of the city.
A. Amendments. Amendments to the official zoning map of the city may be initiated and proposed by the city through the planning director, planning commission or city council as outlined in the state code. Individuals may also propose amendments through the rezoning of property or master development plan processes as described in this title and EMMC Title 16. [Ord. O-23-2005 § 3 (Exh. 1(1) § 1.13)].
17.05.140 Exactions.
In the carrying out of this title and EMMC Title 16, the land use authority may impose an exaction on a proposed development only if there is an essential link that exists between a legitimate governmental interest and each exaction; and if each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development. [Ord. O-23-2005 § 3 (Exh. 1(1) § 1.14)].
17.05.150 Public meetings.
All public meetings shall comply with the requirements of this section. Any challenge regarding notice of a public meeting shall occur within 30 days of the meeting or action, otherwise notice is considered to have been adequate and proper.
A. Post the agendas in three public places and submit a copy to the newspaper 24 hours in advance of the public meeting.
B. Notify all applicants on the agenda of the date, time, and place of the meeting. [Ord. O-23-2005 § 3 (Exh. 1(1) § 1.15)].
17.05.160 Public hearings.
All public hearings shall comply with the notice requirements contained in Table 17.05.200(a), Public Hearing, and contained in the individual chapters of this title and EMMC Title 16. Any challenge regarding notice of the public hearing shall occur within 30 days of the meeting or action, otherwise notice is considered to have been adequate and proper. [Ord. O-23-2005 § 3 (Exh. 1(1) § 1.16)].
17.05.170 Land use authority.
Table 17.05.200(b), Land Use Authority, summarizes the person, board, commission, agency, or other body designated by the city council to act upon an application or land use application. Individual chapters of this title and EMMC Title 16 contain the specific process for the approval. In those cases where the planning commission has been identified as the land use authority, the city council reserves the right to become the land use authority by requesting that the item be scheduled for review and action by the council within 15 calendar days of the planning commission’s action. In cases where the city council exercises this option, then the planning commission is not the land use authority unless the city council remands the application back to the planning commission. In taking final action, the council may approve, approve with conditions, deny based upon findings of fact, table the application for further study and review or remand the application with changes back to the planning commission. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-23-2005 § 3 (Exh. 1(1) § 1.16)].
17.05.180 Appeal authority.
Aggrieved applicants may appeal the decision of the land use authority to the appeal authority within the specified time. Table 17.05.200(c), Appeal Authority, identifies the appeal authority and time to appeal for the various applications. Appeals shall be filed by a written statement submitted to the city recorder detailing the grounds upon which the aggrieved applicant is appealing the land use authority’s decision. Upon receipt of such an appeal it shall be placed on the next available appeal authority’s agenda for which the item may be reasonably scheduled. The appeal authority shall review the decision of the land use authority and their findings of facts to determine if the land use ordinances were correctly applied to the application or decision. During this review the appeal authority shall determine if the original decision was valid or invalid. If it is determined that the decision is invalid then the appeal authority may eliminate the offending condition of approval or remand the application with their findings back to the land use authority for further action. The following provisions apply generally to appeals to development approvals and decisions:
A. The appellant may only allege the land use authority erred in administering or applying the ordinance.
B. The appellant has burden of proof.
C. All theories whereby an appellant would appeal are raised to the appeal authority before appealing to district court.
D. Legislative decisions shall be valid if reasonably debatable and not illegal.
E. Administrative or quasi-judicial decisions shall be valid if supported by substantial evidence and not illegal. [Ord. O-19-2011 § 3 (Exh. 1); Ord. O-23-2005 § 3 (Exh. 1(1) § 1.17)].
17.05.190 Enforcement and civil penalties.
Violations of any provisions of this title may be enforced in accordance with the procedures in EMMC Title 4 and civil penalties and/or administrative citations issued in accordance with the consolidated fee schedule. [Ord. O-18-2021 § 2 (Exh. A)].
17.05.200 Tables.
|
|
P.C. Hearing |
C.C. Hearing |
Notice Type |
Notice Period |
Affected Entities** |
|---|---|---|---|---|---|
|
GENERAL PLAN |
|
|
|
|
|
|
General Plan* |
Yes |
Yes |
Published in paper – Direct mailed notice to affected entities – Post notice in 3 public places |
10 Days |
Yes – Check definition of affected entity |
|
LAND USE ORDINANCE |
|
|
|
|
|
|
EMMC Titles 16, Subdivisions, and 17, Zoning: Requirements and Approvals |
Yes |
Yes |
Published in paper – Direct mailed notice, with summary to be understood by a lay person, to property owners within 600 feet including at least 25 property owners and to affected agencies – Post notice in 3 public places |
10 Days |
Perhaps – Check definition of affected entity |
|
HOME BUSINESS |
|
|
|
|
|
|
License Official Approval |
No |
No |
N/A |
N/A |
N/A |
|
Planning Commission Approval |
Yes |
No |
Direct mailed notice to property owners within 300 feet including at least 15 property owners – Post notice in 3 public places |
10 Days |
N/A |
|
ACCESSORY DWELLING UNITS (ADUs) |
|
|
|
|
|
|
Planning Director Approval |
No |
No |
N/A |
N/A |
N/A |
|
Planning Commission Approval |
Yes |
No |
Direct mailed notice to property owners within 600 feet – Post notice in 3 public places |
10 Days |
N/A |
|
SIGN REGULATIONS |
|
|
|
|
|
|
Sign Permit – Planning Director Approval |
No |
No |
N/A |
N/A |
N/A |
|
Model Home Signage |
No |
No |
N/A |
N/A |
N/A |
|
Directional/Advertising Business Signage |
No |
No |
N/A |
N/A |
N/A |
|
ANIMAL MANAGEMENT PLANS |
|
|
|
|
|
|
Planning Commission |
Yes |
No |
Direct mailed notice to property owners within 600 feet including at least 25 property owners – Post notice in 3 public places |
10 Days |
N/A |
|
REZONING OF PROPERTY |
|
|
|
|
|
|
Rezoning |
Yes |
Yes |
Published in paper – Direct mailed notice, with summary to be understood by a lay person, to property owners within 600 feet including at least 25 property owners and to affected entities – Post notice in 3 public places |
10 Days |
Perhaps – Check definition of affected entity (required if rezoning to a multi-unit residential, commercial, and industrial) |
|
CONDITIONAL USE |
|
|
|
|
|
|
Conditional Use |
Yes |
No |
Direct mailed notice to property owners within 600 feet including at least 25 property owners and to affected entities – Post notice in 3 public places |
10 Days |
Perhaps – Check definition of affected entity (required if rezoning to a multi-unit residential, commercial, and industrial) |
|
SITE PLAN REVIEW |
|
|
|
|
|
|
Site Plan Review |
Yes |
No |
Direct mailed notice to property owners within 600 feet including at least 25 property owners and to affected entities – Post notice in 3 public places |
10 Days |
Perhaps – Check definition of affected entity (required if rezoning to a multi-unit residential, commercial, and industrial) |
|
VARIANCES |
|
|
|
|
|
|
Variance |
Yes |
No |
Direct mailed notice to property owners within 600 feet including at least 25 property owners and to affected entities – Post notice in 3 public places |
10 Days |
Perhaps – Check definition of affected entity |
NOTES: Posting the agenda for a public meeting on the website (http://emcity.org) counts as a public place.
* The general plan requires a notice of intent of 10 days to prepare a plan amendment which is mailed or e-mailed to the affected entities.
** Affected entities include but are not limited to: State Planning Coordinator, Automated Geographic Reference Center, Utah Department of Transportation, Utah County, Mountainland Association of Governments, Alpine School District, Timpanogos Special Service District, Saratoga Springs, Fairfield, and Cedar Fort.
|
|
Land Use Authority |
|
|---|---|---|
|
|
Advisory Body |
Land Use Authority |
|
GENERAL PLAN |
|
|
|
General Plan |
Planning Commission |
City Council |
|
LAND USE ORDINANCE |
|
|
|
EMMC Title 17, Zoning |
Planning Commission |
City Council |
|
EMMC Title 16, Subdivisions: |
Planning Commission |
City Council |
|
HOME BUSINESS |
|
|
|
License Official Approval |
None |
License Official |
|
Planning Commission Approval |
License Official |
Planning Commission* |
|
ACCESSORY DWELLING UNITS (ADUs) |
|
|
|
Planning Director Approval |
None |
Planning Director |
|
Planning Commission Approval |
Planning Director |
Planning Commission* |
|
SIGN REGULATIONS |
|
|
|
Sign Permit – Planning Director |
None |
Planning Director |
|
Model Home Signage |
Planning Commission |
City Council |
|
Directional/Advertising Business Signage |
Planning Commission |
City Council |
|
ANIMAL MANAGEMENT PLANS |
|
|
|
Animal Management Plan |
Planning Commission |
City Council |
|
REZONING OF PROPERTY |
|
|
|
Rezoning |
Planning Commission |
City Council |
|
CONDITIONAL USE |
|
|
|
Conditional Use Permit |
Planning Director |
Planning Commission* |
|
SITE PLAN REVIEW |
|
|
|
Site Plan |
Planning Commission |
City Council |
|
VARIANCES |
|
|
|
Variance |
Planning Director |
Planning Commission |
* The city council reserves the right to become the land use authority by requesting that the item be scheduled for review and action by the council within 15 calendar days of the planning commission’s action. See EMMC 17.05.170 for additional details.
|
|
|
1st Appeal |
2nd Appeal |
3rd Appeal |
|||
|---|---|---|---|---|---|---|---|
|
|
Land Use Authority |
Days to Appeal |
Body |
Days to Appeal |
Body |
Days to Appeal |
Body |
|
GENERAL PLAN |
|
|
|
|
|
|
|
|
General Plan |
City Council |
30 |
District Court |
N/A |
None |
N/A |
None |
|
LAND USE ORDINANCE |
|
|
|
|
|
|
|
|
EMMC Title 17, Zoning |
City Council |
30 |
District Court |
N/A |
None |
N/A |
None |
|
EMMC Title 16, Subdivisions: |
City Council |
30 |
District Court |
N/A |
None |
N/A |
None |
|
HOME BUSINESS |
|
|
|
|
|
|
|
|
License Official Approval |
License Official |
10 |
Planning Commission |
10 |
City Council |
30 |
District Court |
|
Planning Commission Approval |
Planning Commission |
10 |
City Council |
30 |
District Court |
N/A |
None |
|
ACCESSORY DWELLING UNITS (ADUs) |
|
|
|
|
|
|
|
|
Planning Director Approval |
Planning Director |
10 |
Planning Commission |
10 |
City Council |
30 |
District Court |
|
Planning Commission Approval |
Planning Commission |
10 |
City Council |
30 |
District Court |
N/A |
None |
|
SIGN REGULATIONS |
|
|
|
|
|
|
|
|
Sign Permit – Planning Director |
Planning Director |
10 |
Planning Commission |
10 |
City Council |
30 |
District Court |
|
Model Home Signage |
City Council |
30 |
District Court |
N/A |
None |
N/A |
None |
|
Directional/Advertising Business Signage |
City Council |
30 |
District Court |
N/A |
None |
N/A |
None |
|
ANIMAL MANAGEMENT PLANS |
|
|
|
|
|
|
|
|
Animal Management Plan |
Planning Commission |
10 |
City Council |
30 |
District Court |
N/A |
None |
|
REZONING OF PROPERTY |
|
|
|
|
|
|
|
|
Rezoning |
City Council |
30 |
District Court |
N/A |
None |
N/A |
None |
|
CONDITIONAL USE |
|
|
|
|
|
|
|
|
Conditional Use Permit |
Planning Commission |
10 |
City Council |
30 |
District Court |
N/A |
None |
|
SITE PLAN REVIEW |
|
|
|
|
|
|
|
|
Site Plan |
City Council |
30 |
District Court |
N/A |
None |
N/A |
None |
|
VARIANCES |
|
|
|
|
|
|
|
|
Variance |
Planning Commission |
10 |
City Attorney |
30 |
District Court |
N/A |
None |
|
ADMINISTRATIVE DECISIONS |
|
|
|
|
|
|
|
|
Nonconforming Use or Structure |
Planning Director |
10 |
City Attorney |
30 |
District Court |
N/A |
None |
|
Vested Rights |
Planning Director |
10 |
City Attorney |
30 |
District Court |
N/A |
None |
|
Administrative Decisions* |
Planning Director |
10 |
Planning Commission |
10 |
City Council |
30 |
District Court |
*Administrative decisions include but are not limited to: interpretations of this title and the zoning map, etc.
|
An application shall be expired if inactive for a period of six or 12 months with no substantial action. Substantial action is a plan review submittal, return of a plan review to the applicant, or action by the Eagle Mountain City planning commission or Eagle Mountain City council. If an application is deemed to be expired, any subsequent review must be accompanied by a new application and resubmittal fee. Any vested rights accrued thereunder shall also terminate. |
|
|---|---|
|
LAND USE APPLICATION TYPES: |
EXPIRES AFTER INACTIVITY OF: |
|
Concept Plan |
12 Months |
|
Conditional Use |
|
|
Final Plat |
|
|
General Plan Code Amendment |
|
|
Lot Line |
|
|
Master Development Application |
|
|
Master Development Plan |
|
|
Master Site Plan |
|
|
Preliminary Plat |
|
|
Recorded Plat Amendment |
|
|
Rezone |
|
|
Site Plan |
|
|
Variance |
|
|
OTHER PLANNING APPLICATIONS: |
EXPIRES AFTER INACTIVITY OF: |
|
Accessory Dwelling Units (ADUs) |
6 Months |
|
Construction Trailer |
|
|
Hobby Breeder |
|
|
Kennel License/Pet Sitting |
|
|
Second Kitchen |
|
|
Signs |
|
[Ord. O-38-2023 § 2 (Exh. A); Ord. O-18-2023 § 2 (Exh. A); Ord. O-41-2021 § 1 (Exh. A); Ord. O-18-2021 § 2 (Exh. A); Ord. O-19-2011 § 3 (Exh. 1); Ord. O-23-2005 § 3 (Exh. 1(1) Tables 1.1 – 1.3). Formerly 17.05.190].