Chapter 17.35
COMMERCIAL ZONES
Sections:
17.35.010 What this chapter does.
17.35.040 Commercial development standards.
17.35.050 Generally applicable provisions.
Prior legislation: Ords. O-05-2019, O-11-2017, O-02-2017 and O-23-2005.
17.35.010 What this chapter does.
In order to further the purposes of LUDMA (Utah’s Municipal Land Use, Development, and Management Act) and the City’s General Plan, the city is divided into various zones, including a number of commercial and office zones. This chapter establishes the land use regulations for these zones in Eagle Mountain City, including allowed uses, minimum land use standards, and other development provisions. [Ord. O-12-2020 § 2 (Exh. A); Ord. O-06-2020 § 2 (Exh. A)].
17.35.020 Commercial zones.
A. Zone: Commercial Neighborhood (CN). This zone provides small scale commercial retail, office, and services, located to accommodate the daily needs of local residents. Uses should be integrated with adjacent neighborhoods and impose minimal impacts resulting from traffic, lighting, noise, etc. This zone is generally appropriate within some areas designated as Community Commercial on the city’s future land use map, but may also be considered for approval in other areas at the discretion of the approval authority, depending on the surrounding land uses, adjacency to residential units (within walking distance), and potential impacts to neighboring land uses.
B. Zone: Commercial Community (CC). This zone provides areas of commercial retail, office, and services, located near transportation hubs and major intersections and designed to buffer neighboring residential areas. Developments should incorporate coordinated circulation, architecture, and landscaping, and a balance of uses oriented to local residents and passing motorists. This zone is generally appropriate within some areas designated as Community Commercial on the city’s future land use map, but may also be considered for approval in other areas at the discretion of the approval authority, depending on the surrounding land uses, adjacency to transportation hubs or major intersections, and potential impacts to neighboring land uses.
C. Zone: Commercial Regional (CR). This zone provides areas appropriate for highway-oriented retail and service uses and regional shopping centers that serve community-wide and regional shopping needs. The CR zone should be located close to freeways and/or major arterials to provide convenient access for major traffic volumes without impacting residential areas. Developments should incorporate coordinated circulation, architecture, and landscaping, and contain a wide range of retail and service establishments within a unified shopping center complex. When supported by the general plan, an appropriate mixture of uses, such as professional office, and institutional uses, as well as entertainment and recreational venues, is allowable. Where necessary and appropriate, the development must provide transitioning toward less intensive uses neighboring the district. This zone is generally appropriate within areas designated as Regional Commercial on the city’s future land use map, but may also be considered for approval in other areas at the discretion of the approval authority, depending on the surrounding land uses, adjacency to major roadways, traffic volumes, and other circumstances. [Ord. O-12-2020 § 2 (Exh. A); Ord. O-06-2020 § 2 (Exh. A)].
17.35.030 Land use table.
This land use table contains the various land uses that are permitted, special, and prohibited uses in the commercial 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 uses that must also comply with the standards listed in Chapter 17.75 EMMC that are specific to that type of use.)
BLANK = Prohibited
|
LAND USE |
ZONING DISTRICT |
||
|---|---|---|---|
|
Commercial Neighborhood (CN) |
Commercial Community (CC) |
Commercial Regional (CR) |
|
|
RESIDENTIAL USES |
|
||
|
Assisted Living Facility (12+ residents) |
|
S |
|
|
Assisted Living Facility (up to 12 residents) |
P |
P |
|
|
Bed and Breakfast |
P |
P |
|
|
Caretaker/Security Guard Dwelling Unit |
|
|
|
|
Residential Facility for Persons With a Disability |
|
S |
|
|
Residential Juvenile Group Home |
|
S |
|
|
Residential Rehabilitation and Treatment Facility |
|
S |
|
|
Skilled Nursing Facility; Transitional Care Facility |
|
P |
|
|
CIVIC/INSTITUTIONAL |
|||
|
Cultural and Entertainment Uses (theaters, museums, galleries, libraries, performing arts studios, movies, etc.) |
|
P |
P |
|
Schools (Public/Charter/Private) |
S |
S |
|
|
Public/Civic Buildings and Facilities (city owned) |
P |
P |
P |
|
Public Parks, Plazas, Trails, and Open Space |
P |
P |
P |
|
Religious or Cultural Meeting Halls |
S |
S |
S |
|
Sports Facilities/Arenas/Fields (indoor) |
|
P |
P |
|
Transit Stop (bus, light-rail) |
P |
P |
P |
|
COMMUNICATION AND UTILITIES |
|||
|
Communication Facilities and Towers |
S |
S |
S |
|
Electrical Substations and Power Transmission Lines |
|
S |
S |
|
Public and Private (with franchise agreement) Utility Underground Lines, Utility Buildings, and Other Above Ground Structures |
S |
S |
S |
|
Public and Private Utility Equipment and Inventory Storage, Fenced or Enclosed |
S |
S |
S |
|
COMMERCIAL/NONRESIDENTIAL USES |
|||
|
Adult Group Care Facility (nonresidential) |
|
P |
|
|
Animal Care Service |
|
S |
S |
|
Athletic Instruction, Including Dance, Gymnastics, Martial Arts, etc. |
P |
P |
P |
|
Automobile Gas/Service Stations |
S |
S |
S |
|
Automobile Sales and/or Minor Service |
|
S |
S |
|
Automobile Service and Repair (minor) |
|
P |
P |
|
Automobile Service and Repair (including auto body) |
|
P |
P |
|
Banks and Credit Unions |
P |
P |
P |
|
Brewery (ancillary to a restaurant) |
|
P |
P |
|
Car Wash |
|
P |
P |
|
Car Wash (ancillary to a gas/service station) |
S |
P |
P |
|
Check Cashing and Deferred Deposit Lenders3 |
|
|
S |
|
Child Day Care Center or Preschool |
P |
P |
P |
|
Construction and Equipment Sales/Rental |
|
|
P |
|
Convenience Store; Corner Market |
P |
P |
P |
|
Dialysis Center |
|
P |
P |
|
Fitness Center |
P |
P |
P |
|
Flex Office/Retail/Warehouse |
|
|
P |
|
Grocery Store, Small/Neighborhood (generally < 30,000 sq. ft.) |
P |
P |
P |
|
Grocery Store, Medium/Community (generally 30,000 – 75,000 sq. ft.) |
|
P |
P |
|
Grocery Store, Large/Regional (generally > 75,000 sq. ft.) |
|
|
P |
|
Hospital |
|
|
P |
|
Hotel4 |
|
P |
P |
|
Indoor Shooting Range |
|
S |
S |
|
Laundry Services (no on-site dry cleaning) |
P |
P |
P |
|
Mortuary |
|
P |
P |
|
Mortuary With a Caretaker Dwelling |
|
S |
S |
|
Office (medical, health care, professional) |
P |
P |
P |
|
Outdoor Sales and Display (including storage of materials, products, and equipment incidental to an allowed use) |
S |
S |
S |
|
Parking Garage |
|
S |
P |
|
Pawn Shop |
|
|
P |
|
Pharmacy (retail) |
P |
P |
P |
|
Plant and Tree Nursery/Garden Center (with outside display; min. 1 acre lot) |
S |
P |
P |
|
Plasma, Blood Collection |
|
|
P |
|
Race Tracks for Go-Carts, ATVs, and Other Motorized Sports Recreational Facilities |
|
|
S |
|
Reception/Conference/Meeting Center |
S |
S |
S |
|
Recreation (indoor) |
|
P |
P |
|
Recreational Vehicle Sales/Rentals |
|
P |
P |
|
Restaurant or Bakery |
P |
P |
P |
|
Retail Sales, General1 |
|
P |
P |
|
Retail Sales, Neighborhood (generally < 5,000 sq. ft.)2 |
P |
P |
P |
|
Retail Sales, Regional (generally > 55,000 sq. ft.) |
|
|
P |
|
Salon (hair, nails, etc.) |
P |
P |
P |
|
State Liquor Store |
|
P |
P |
|
Temporary Sales (Christmas tree lots, farmers market or fruit/vegetable stands, fireworks, food trucks, snow cones, etc.) |
S |
S |
S |
|
Tobacco Specialty Business |
|
S |
S |
1 Includes arts and crafts sales, body art facility, electronic media rental and sales, hardware and home improvement, pet store, and uses deemed similar or appropriate by the city.
2 Includes bookstore, copy center or postal center, floral sales, ice cream or dessert shop, and uses deemed similar or appropriate by the city.
3 Check cashing and deferred deposit lenders include any business that must register in accordance with Section 7-23-101 et seq., Utah Code Annotated.
4 Hotels offering extended stay must include a mix of extended stay and standard rooms (maximum 70 percent extended stay).
5 These special uses are considered prohibited until special use standards specific to these uses are approved and included in Chapter 17.75 EMMC.
[Ord. O-50-2023 § 2 (Exh. A); Ord. O-35-2023 § 2 (Exh. A); Ord. O-34-2023 § 2 (Exh. A); Ord. O-04-2022 § 2 (Exh. A); Ord. O-12-2020 § 2 (Exh. A); Ord. O-06-2020 § 2 (Exh. A)].
17.35.040 Commercial development standards.
This development standards table contains required standards for each commercial zone in the city. More details and clarification are included as footnotes and as generally applicable provisions later in this chapter.
|
Zone Designation |
CN (Commercial Neighborhood) |
CC (Commercial Community) |
CR (Commercial Regional) |
|---|---|---|---|
|
Maximum Height of Structures |
35'1 |
50'1 |
50'1 |
|
Minimum Setback Requirements2 |
|
||
|
Front |
10' Min; 25' Max |
10' Min; 25' Max |
10' Min |
|
Rear |
20' |
20' (35'3) |
20' (35'3) |
|
Side |
None (20'3) |
None (Equal to building height3) |
None (Equal to building height3) |
1 Height is measured from the average of the highest finished grade and the lowest finished grade of the structure to the highest point of the roof, excluding ancillary structures.
2 The approval authority may approve alternative setbacks if, in its judgment, the setbacks comply with the following:
1. Does not interfere with the use, enjoyment, and character of adjacent properties;
2. The success of the business necessitates the setbacks, proven by data or research;
3. The setbacks are not solely to provide space for parking between the building and the street;
4. Topography or natural features make it impossible or impracticable to place the building within the setback.
* Maximum setback does not apply to anchor buildings if pad sites are provided which comply with this standard.
3 If adjacent to residential.
[Ord. O-12-2020 § 2 (Exh. A); Ord. O-06-2020 § 2 (Exh. A)].
17.35.050 Generally applicable provisions.
All development projects within the commercial zones in this chapter shall conform to the following general requirements:
A. Site Plan Approval. All permitted or special uses in the commercial zones must comply with Chapter 17.100 EMMC, Site Plan Review, unless exempted in that chapter.
B. Architecture and Site Design. All permitted or special uses in the commercial zones shall comply with Chapter 17.72 EMMC, Commercial and Multifamily Design Standards. Exceptions include communication and utility structures, transit stops, temporary commercial uses, and similar uses.
C. Lighting. All exterior lighting, including parking lot lights, building lights, and other lighting must comply with the standards found in Chapter 17.56 EMMC, Outdoor Lighting Standards. Streetlights are required to be paid for by developers and installed by the city’s contractor along all roads in and surrounding a project, in accordance with EMMC 15.10.390.
D. Parking. Parking stalls, including ADA stalls, and parking lot improvements shall be provided in accordance with the standards in Chapter 17.55 EMMC, Off-Street Parking.
E. Landscaping. All landscaping shall comply with the standards in Chapter 17.60 EMMC, Landscaping, Buffering, Fencing and Transitioning. Landscaping in parking lots shall comply with Chapter 17.55 EMMC, Off-Street Parking. All landscaping shall be installed prior to the issuance of a certificate of occupancy for the building. The city building official may approve exceptions as seasonal conditions warrant. It shall be the responsibility of the property owner to maintain all approved landscaping in accordance with the approved site plan and in compliance with the city’s parking and landscaping requirements.
F. Buffers and Transitions Between Developments and Uses. Commercial and other nonresidential uses require buffering or transitioning when built adjacent to residential uses. Buffering standards can be found in Chapter 17.60 EMMC, and include walls or fences, landscaping, and distance separations. Screening walls shall be built by the developer/builder of the commercial or non-residential use, when adjacent to a residential use.
G. Hillside Development and Sensitive Lands. No construction, development, or earthwork may occur on land restricted by utility corridors, natural washes, storm drain retention/detention areas, geologically sensitive areas that require special engineering considerations for safe habitation, and steep slopes, unless in full compliance with Chapters 15.80 and 17.62 EMMC, other applicable city codes, and approved by the approval authority for site plans. The approval authority may consider, at their discretion, approval of uses on land restricted by utility corridors, including parking lots, recreation (trails, plazas, open space), appropriate temporary uses, and transit stops. Development projects that include hillsides, ridgelines, or retaining walls must comply with the standards in Chapters 15.80 and 17.62 EMMC. Development near natural washes must include significant setbacks from the edge of the wash to any structure, unless approved improvements to the wash allow for smaller setbacks. Utility corridors and natural washes shall be preserved and deeded to the City whenever possible for trails and open space or wildlife corridors.
H. Signs. Permanent monument signs for a project shall comply with the standards in Chapter 17.80 EMMC, Sign Regulations and Sign Permits, and sign locations shall be reviewed along with the site plan review. All business signs require submittal and approval of a sign permit application, and signs may require a building permit.
I. Street Trees. Developers and/or builders shall plant appropriate trees in park strips along all public streets. Planting shall be done along with the project landscaping and in accordance with the standards found in EMMC 16.35.080. Street trees are required along all collector and arterial roads.
J. Uses within Buildings. All uses in the commercial zones shall be conducted entirely within a fully enclosed building except those uses deemed by the approval authority to be customarily and appropriately conducted outside (merchandise, gas pumps, plant nurseries, home improvement material yards, automobile sales, etc.). No trash, used materials, wrecked or abandoned vehicles or equipment shall be stored in an open area. All such materials shall be kept within an opaque enclosure that is architecturally compatible with the main building. Trash enclosures, compactors, truck loading areas, and outdoor storage shall be oriented away from residential uses to the extent practical.
K. Bicycle Parking. Convenient bicycle parking shall be provided in locations that do not interfere with pedestrian circulation. Bicycle parking facilities shall be disbursed throughout larger sites and located in convenient and visible areas.
L. Drive-Through Lanes. Drive-through lanes shall be located away from adjoining residential developments. Speakers and menu boards shall be located so that noise is not directed toward residential uses and shall incorporate a screen wall and landscaping to mitigate noise. Where possible, public access doors shall not be located in an area that requires pedestrians/customers to cross drive-through lanes. Where unavoidable, improvements shall be provided to slow vehicles or improve visibility for pedestrians. [Ord. O-12-2020 § 2 (Exh. A); Ord. O-06-2020 § 2 (Exh. A)].