Chapter 17.23


17.23.010    What this chapter does.

17.23.020    Purpose and objective.

17.23.030    Area of designation.

17.23.040    Land use table.

17.23.050    Development standards.

17.23.060    Open space protection.

17.23.010 What this chapter does.

This chapter establishes the land use regulations and protections for open space zones in Eagle Mountain City. It establishes two types of open space zoning: natural open space (OS-N) and improved open space (OS-I). [Ord. O-30-2020 § 2 (Exh. A)].

17.23.020 Purpose and objective.

The purpose of the open space zones is to preserve and enhance public and private open space, trails, natural areas, and improved park and recreational areas. These areas serve to provide opportunities for active and passive outdoor recreation; provide contrasts to the built environment; preserve scenic qualities; protect sensitive or fragile environmental areas such as wetlands, steep slopes, ridgelines, meadows, and natural washes; preserve the capacity and water quality of the storm water drainage system; and provide pedestrian, equestrian, and bicycle transportation connections. [Ord. O-30-2020 § 2 (Exh. A)].

17.23.030 Area of designation.

The open space zone shall include and be characterized by one or more of the following:

A. Land currently or planned to be dedicated to the city as open space, parks, or recreation.

B. Privately owned parcels of developments designated as open space, parks, or recreation open to use by the general public.

C. Publicly owned or operated (not municipal) land protected and managed as open space. [Ord. O-30-2020 § 2 (Exh. A)].

17.23.040 Land use table.

This land use table contains the various land uses that are permitted, special, and prohibited in the open space zones. Uses that are not listed in this table are prohibited.

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

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

Blank = Prohibited

Land Use Table

Open Space Uses




Accessory buildings1






Botanical garden






Communication facilities and towers



Community garden



Equestrian center, public



Golf course



Open space






Recreation, outdoor



Rodeo, public



Trails, improved



Trails, natural



Utilities, public and private



Zoological park



1    Such as barns (publicly owned), garages, greenhouses, gardening sheds, recreation rooms, and similar structures that are customarily used in conjunction with the primary uses in this district.

[Ord. O-30-2020 § 2 (Exh. A)].

17.23.050 Development standards.

The development standards are required standards for the open space zones in the city. The city council, in consideration of a prior recommendation by the planning commission, may modify these requirements if in its judgment the modification does not interfere with the use, enjoyment, and character of adjacent properties.

A. Setback Requirements for All Structures.

1. Front: 25 feet.

2. Sides: 10 feet.

3. Rear: 25 feet.

B. Building Height for All Structures. Maximum of 35 feet, except for special uses which must comply with the height restrictions established in Chapter 17.75 EMMC.

C. Site Plan Review. Any open space development within the open space zones that is not reviewed and approved as part of a master development plan, master site plan, or preliminary plat must receive site plan review and approval subject to Chapter 17.100 EMMC.

D. Architectural Review. Any proposed buildings shall comply with the commercial development standards of Chapter 17.72 EMMC.

E. Landscaping. Shall comply with the landscaping, planting, and fencing standards of Chapter 17.60 EMMC. Lot size transitioning does not apply.

F. Lighting. All lighting within the open space zones must comply with Chapter 17.56 EMMC.

G. Parking. Parking shall be provided and designed to meet the requirements of Chapter 17.55 EMMC.

H. Signs. Signage shall be permitted and treated as signage in a residential zone and shall meet the requirements and standards of Chapter 17.80 EMMC.

I. Road and Trail Connections. Where the terrain allows, road and trail connections shall be made to adjoining properties through the open space zones to provide emergency access, minimize the number of points of access to a road, or improve pedestrian and neighborhood circulation. Connections shall be made to existing and future roads and trails.

J. Utility Lines. All utility lines running through the open space zones must be located underground, except for high-capacity transmission lines. [Ord. O-30-2020 § 2 (Exh. A)].

17.23.060 Open space protection.

Open space may be protected using any of the three methods listed here. The methods to be used must be clearly established at the time a master development plan, master site plan, preliminary plat, or site plan is filed for review.

A. Dedication for Public Use. The open space may be dedicated to the city, or to another public agency, but only where it would constitute a part of a park, trail, or open space identified in the current parks, trails, and open space plan, or if approved by the city.

B. Private Land Conservation. Any private land, whole or a portion of, that is identified and developed or used as open space may apply a conservation or similar easement on that land. The easement may be held by the city, another public agency, or a conservation nonprofit organization.

C. Homeowners’ Association. Every preliminary plan that includes natural or improved open space that will be owned and maintained by the lot owners shall be accompanied by proposed articles of incorporation and covenants for a homeowners’ association in which all lot owners shall be members, and which is responsible for the maintenance and preservation of natural and improved open space required by this chapter. These documents shall be recorded with the final plat upon their approval. [Ord. O-30-2020 § 2 (Exh. A)].