Division II. Land Use and Density Regulations

Chapter 17.20
AGRICULTURE ZONE

Sections:

17.20.010    What this chapter does.

17.20.020    Purpose and objective.

17.20.030    Permitted uses.

17.20.040    Permitted accessory uses and structures.

17.20.045    Special uses.

17.20.050    Conditional uses.

17.20.060    Prohibited uses.

17.20.070    Right to farm.

17.20.080    Lot size requirements.

17.20.090    Setbacks – Primary structures.

17.20.100    Setbacks – Accessory structures.

17.20.110    Driveways.

17.20.120    Lot frontage and width requirements.

17.20.130    Building height.

17.20.140    Minimum dwelling size.

17.20.150    Open space requirements.

17.20.160    Supplementary regulations.

17.20.170    Previous zoning district equivalents.

17.20.010 What this chapter does.

This chapter establishes the land use regulations for the agriculture zone in Eagle Mountain City, including permitted and conditional uses, minimum land use standards, and other agriculture-related provisions. [Ord. O-23-2005 § 3 (Exh. 1(1) § 4.1)].

17.20.020 Purpose and objective.

The purpose and objective of this chapter is to allow for the continuation of agricultural pursuits on parcels that are currently being used for such purposes and to provide areas for large open lands where residents may live, own farm animals and otherwise use large parcels for agricultural purposes. Agriculture as a land use in Eagle Mountain City is encouraged. [Ord. O-23-2005 § 3 (Exh. 1(1) § 4.2)].

17.20.030 Permitted uses.

The following land uses shall be permitted uses in the agriculture zone. Any use not specifically permitted in this chapter shall be prohibited.

A. Single-family detached dwellings.

B. Agricultural uses such as row crops, livestock boarding, grazing and associated cultivating and herding activities; provided, that such grazing and associated activities are not part of, nor conducted in conjunction with, any livestock feed yard, livestock sales yard, or any other confined feeding facilities or animal by-product business.

C. Public and private utility structures or facilities.

D. Public parks. [Ord. O-50-2023 § 2 (Exh. A); Ord. O-04-2023 § 2 (Exh. A); Ord. O-11-2017 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 4.3)].

17.20.040 Permitted accessory uses and structures.

Accessory uses and structures are permitted in the agriculture zone; provided, that they are incidental to, and do not substantially alter the character of, the permitted principal uses or structures. Such permitted accessory uses include, but are not limited to, the following:

A. Accessory buildings such as barns, garages, greenhouses, gardening sheds, recreation rooms, and similar structures that are customarily used in conjunction with the primary uses in this district.

B. Windmills, silos, tank houses, buildings or shelters for farm equipment and machinery, water wells, water reservoirs and storage tanks.

C. Stands for the purpose of displaying and selling agricultural or farming products that are grown or produced on the premises on which the stand is located. Such stand shall not exceed 300 square feet in size and shall be limited to one stand per parcel of property.

D. Structures required for the housing, nurture, confinement or storage of animals, crops or products that are lawfully permitted or produced on the property. [Ord. O-23-2005 § 3 (Exh. 1(1) § 4.4)].

17.20.045 Special uses.

The following are special uses and such uses as the planning director and planning commission determine to be similar or consistent with the special use:

A. Religious or cultural meeting hall. [Ord. O-50-2023 § 2 (Exh. A)].

17.20.050 Conditional uses.

The following conditional uses and such uses as the planning director and planning commission may recommend as similar and consistent with the scale, character and impact of the area will be considered:

A. Limited processing of agricultural products.

B. Radio, microwave or other transmission towers.

C. Home businesses (as allowed by this title).

D. Accessory dwelling units (ADUs) in accordance with the standards contained in this title.

E. Commercial hunting areas as a temporary land use with no long-term vesting.

F. Stables.

G. Commercial riding arena.

H. Equestrian center.

I. Equine assisted therapy center. [Ord. O-04-2023 § 2 (Exh. A); Ord. O-41-2021 § 1 (Exh. A); Ord. O-09-2019 § 2 (Exh. A); Ord. O-21-2017 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(1) § 4.5)].

17.20.060 Prohibited uses.

The following are prohibited uses and such uses as the planning director and planning commission determine to be similar or consistent with the prohibited use:

A. Large-scale packaging or processing operations.

B. The raising or keeping of fur-bearing animals, or the operation of commercial stockyards, or feed yards, slaughterhouses, rendering facilities, or concentrated animal production operations such as hog or poultry farms (except as allowed as pre-existing nonconforming uses).

C. On-site sale of agricultural products in excess of what is allowed by this chapter.

D. Multifamily dwellings.

E. Sexually oriented businesses. [Ord. O-23-2005 § 3 (Exh. 1(1) § 4.6)].

17.20.070 Right to farm.

Property owners of parcels that are zoned agriculture in Eagle Mountain City shall be deemed to have the right to conduct agricultural activities as allowed in this zone. Unless agricultural activities are creating a health or safety concern for the general public, such activities may continue without interruption in this zone. While residents residing adjacent to or near agricultural activities may experience noxious smells, noise or late and early hours of operation, such intrusions are understood to be a common element of routine and permissible agricultural activities. [Ord. O-23-2005 § 3 (Exh. 1(1) § 4.7)].

17.20.080 Lot size requirements.

The following lot size requirements shall apply to this district:

The minimum lot size for single-family detached dwellings in this zone is five acres. Other uses may require a minimum size greater than five acres and will be evaluated by the planning commission on an individual basis to determine if more property is required to reasonably accommodate the proposed use. [Ord. O-23-2005 § 3 (Exh. 1(1) § 4.8)].

17.20.090 Setbacks – Primary structures.

Primary structures in this zone shall maintain a setback of no less than 50 feet from any property line. Setbacks shall only apply to structures that require a city permit or approval. No structure which cannot be removed shall be constructed across an easement. [Ord. O-23-2005 § 3 (Exh. 1(1) § 4.9)].

17.20.100 Setbacks – Accessory structures.

Accessory structures in this zone shall not be located within any front yard and shall maintain a setback of not less than 10 feet from any side or rear property line, or 15 feet if the lot is on a corner. Setbacks shall only apply to structures that require a city permit or approval. No structure which cannot be removed shall be constructed across an easement. [Ord. O-23-2005 § 3 (Exh. 1(1) § 4.10)].

17.20.110 Driveways.

Residential driveways shall comply with the following standards:

A. Slopes. Driveways shall not exceed grades of 12 percent. The building official may approve driveway slopes that exceed 12 percent in circumstances that are deemed necessary because of the topographical conditions.

B. Clear Vision Triangle. Residential driveways when feasible shall not be permitted in the clear vision triangle at local streets as described in this title.

C. Driveway Length. Residential driveways shall be a minimum of 22 feet from the property line. [Ord. O-23-2005 § 3 (Exh. 1(1) § 4.11)].

17.20.120 Lot frontage and width requirements.

All property within this zone shall have a lot frontage of no less than 100 feet. [Ord. O-23-2005 § 3 (Exh. 1(1) § 4.12)].

17.20.130 Building height.

No primary structures shall exceed 35 feet in height. No accessory structures shall exceed 50 feet in height, except windmills as approved by staff. [Ord. O-23-2005 § 3 (Exh. 1(1) § 4.13)].

17.20.140 Minimum dwelling size.

The minimum dwelling size in the agriculture zone for single-story dwellings shall be 1,000 square feet on the main floor plus a 400-square-foot garage. Two-story dwellings shall be 800 square feet on the main floor, 200 square feet on the second floor and shall have a 400-square-foot garage. Garages shall be a minimum of 20 feet wide by 20 feet deep. Garages that are 18 feet wide may be allowed if the total square footage is at least 400 square feet. Garage door openings shall be a minimum of 16 feet wide by seven feet tall. [Ord. O-23-2005 § 3 (Exh. 1(1) § 4.14)].

17.20.150 Open space requirements.

There is no minimum open space requirement for properties in this zone. This does not exempt owners or developers of agriculturally zoned property from complying with other provisions that may require public improvements including, but not limited to, parks, drainage facilities or entry features. [Ord. O-23-2005 § 3 (Exh. 1(1) § 4.15)].

17.20.160 Supplementary regulations.

All properties in Eagle Mountain City are also subject to the supplemental land use regulations of this title. [Ord. O-23-2005 § 3 (Exh. 1(1) § 4.16)].

17.20.170 Previous zoning district equivalents.

The equivalent zoning district contained in previous development codes include the agriculture (AG) zone. Properties zoned prior to the adoption of the ordinance codified in this title shall only be entitled to the permitted and conditional uses permissible under the land use ordinance in which the property was zoned. With the exception of the land uses, property zoned under previous development codes shall comply with all other regulations and standards contained in this chapter so long as it does not restrict density entitlements that are solidified in a master development agreement. Property zoned under the development code of Eagle Mountain City adopted on September 28, 1999, is entitled to the following land uses:

A. Agriculture (AG). Permitted uses in the AG zone will be single-family dwellings on existing parcels of at least five acres as an accessory use to agriculture, such as the cultivation of row crops and other agricultural products, livestock grazing and associated cultivation or herding activities. Limited processing of agricultural products will be authorized on a conditional use basis, but large-scale packing or processing operations will only be allowed in the industrial zone. Confined feeding operations, such as poultry farms, swine farms or feedlots, will not be allowed, except as a continuation of a pre-existing use. [Ord. O-23-2005 § 3 (Exh. 1(1) § 4.17)].