HomeMy Public PortalAboutORD-CC-2010-13Q k_J
ORDINANCE #2010-13
AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, SECTION 17.09 and
17.70 BY AMENDING THE NUMBER AND TYPES OF USES AND PROVIDING CONDITIONS
AND STANDARDS FOR SPECIFIC CONDITIONAL USES
WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially
Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage
and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more
attractive and wholesome environment; and
WHEREAS, from time to time the City has noticed that there is a need to amend the Code Chapters
dealing with conditional use permits and that the Code is lacking concise review criteria that can be
applied to individual conditional uses; and
WHEREAS, the City of Moab Planning Commission ("Commission') in a duly advertised public
hearing held on July 8, 2010, to hear testimony and determine the merits of the changes to the Code; and
WHEREAS, the Commission found that the proposed changes would benefit Planning Staff in the day to
day administration of the Code and be more easily understood by the general public; and
WHEREAS the Commission unanimously voted to recommend to Council that adoption of the new
language was in the best interests of the citizens of Moab; and,
WHEREAS, Council reviewed Ordinance #2010-13 in a regularly scheduled public meeting held on
September 14, 2010, to hear and decide the merits of the proposed change to Chapter 17.09, Definitions,
of the Moab Municipal Code; and,
WHEREAS, Council found that the amendments to the code are in the best interests of the City.
NOW, THEREFORE, the Moab City Council hereby adopts Ordinance #2010-13 and repeals the
following Chapters in the Moab Municipal Code and holds them in reserve:
17.09.531 (5) Twin Homes
17.09.570 Conditional use --Utility buildings and structures permitted.
17.09.620 Conditional use --Flood protection.
17.09.630 Conditional use --Twin homes.
17.09.650 Street lighting.
17.70.00 Bed and Breakfast Facilities
17.69 Secondary Dwellings
15.36 Article III, Recreational Vehicle Courts, specifically chapters: 15.36.180 Intent; 15.36.190
Regulations -Generally; 15.36.200 Plan and permit regulations; 15.36.210 Development standards.
AND, FURTHERMORE, Council adopts the following table and text as an amendment to the language
found in Chapter 17.09.530, Conditional Use Permits.
(b) Conditional Use Matrix. The following table is a list of conditional uses in the appropriate
zones. The general and specific conditions for approval for the review requirements are listed
in subsection (h) of this chapter and additional review criteria are listed in Chapter 17.09.531
Conditions for approval of specific conditional uses below.
Page 1 of 19
CONDITIONAL
USES
R-
1
R-
2
R-
3
R-
4
RA-
1
A-
2
C-
1
C-
2
C-
3
C-
4
C-
S
SAR
MH/RV
FC-
1
RC
I
Residential uses
Dwellings(1)
C
Historic Residential
Uses (2)
C
Secondarydwelline
Unit (3)
CCCC
Multi -family dwellings
of 7 or more units (4)
C
C
Group Home (5)
CCCCC
C
Public services
Utility provider
structures and
buildings (6)
CCCC
CCCCC
C
Agricultural uses
Premises agricultural
occupations
(specifically retail with
feed, seed, fertilizer,
equipment and similar
items) (7)
C
C
Transportation -related uses
Storage or Trucking
Company/Terminal (8)
C
C
Recreational and Entertainment Uses
B&B /rooming or
boarding house (9)
C
C
C
RV /travel trailer park
(10)
C
C
RV area within a
mobile home park (11)
C
Golf Courses (12)
C
C
RV court (13)
C
C
Outfitters and guide
services (14)
C
Outdoor recreational
uses, commercial (15)
C
Industrial Uses
Self storage warehouse
(16)
C
Asphalt/concrete
hatching plant,
permanent (/7)
C
Asphalt or Concrete
Hatching, Plant,
Temporary t 18)
C
C
Wireless
telecommunication
facilities (19)
C
C
Commercial Uses
Drive-thru Windows
(20)
C
Large commercial and
home -based day-care
centers 211
CCCC
C
C
C
Page 2 of 19
Sales of Manufactured
Homes (22)
C
Land Use
Di%ision of small Lots
(23)
C
C
C
C
C
CCCCC
C
C
CONDMONAIL
USES
R-
1
R-
2
R-
3
R-
4
RA-
1
A-
2
C-
1
C-
2
C-
3
C-
4
C-
S
SAR
MHIRV
FC-
1
RC
I
Moved buildings (24)
C
C
C
C
C
CCCCC
C
C
Personal Service Uses
Cemeteries. public or
private (25)
C
C
Animal pound or
kennel (private) (26)
C
C
C
C
Veterinary clinic (27)
C
Institutional
Schools, churches,
monasteries, etc. (28)
CCCCC
C
C
[."
C
17.09.531 Conditions for approval of specific conditional uses.
(1) Dwellings in the C-4 Commercial Zone. All single-family and two-family dwellings shall be subject
to the following requirements:
a. Minimum wall dimensions of the principal structure, excluding garage, shall be twenty-four
(24) feet.
b. All principal residential structures shall:
1. Be placed on a slab -on -grade or perimeter foundation as approved by the
building department;
2. Have a wood, brick or stucco exterior, or a material that looks similar to
wood, brick or stucco;
3. Have a minimum 4:12 roof pitch and a one (1) foot overhang (structures
constructed in the traditional southwest Spanish style are exempt from this
requirement);
4. Allowed accessory structures shall not exceed 25% of the rear yard;
5. Buffering is required in accordance with other provisions of this chapter.
6.
Minimum Setbacks for Residential Structures in the C-4 Zone
Front Yard
30 feet
Side Yard
15 feet
Rear Yard
20 feet
(2) Historic Dwellings in the C-3 Zone. Dwellings that have or may have historical significance may
apply for historic designation through the review process contained in Chapter 17.90 of this code. The
dwelling must satisfy the review criteria and meet the standards included in the chapter.
(3) Secondary Dwelling Unit. Secondary dwelling units are encouraged as dwellings for one or two
persons as an opportunity for affordable housing of immediate family. Increasing affordable housing
opportunities in the R-2, R-3, R-4 and RA-1 residential zones will benefit the community in its
entirety.
A. The following provisions are intended to facilitate secondary dwellings while minimizing
land use conflicts and environmental degradation.
Page 3of19
a. Secondary dwellings shall not occupy more than twenty-five percent of the rear yard.
b. The secondary dwelling shall be setback at least twelve feet from the rear of the main
dwelling and adhere to the required setbacks of the underlying zone.
c. Any request for secondary living quarters within residential zones shall be reviewed
and approved by the planning commission upon recommendation of the zoning
administrator.
d. A secondary dwelling shall not be constructed prior to the principal structure.
B. The following criteria must be established prior to building permit issuance:
a. Size. The maximum size for secondary living quarters shall be no more than
seven hundred square feet with no more than one bedroom.
b. Parking. One on -site parking space shall be provided in addition to the underlying
parking requirement. The parking space may be provided in tandem if the existing
driveway length exceeds thirty-five feet as measured from the property line. No
parking shall be permitted in the front setback area.
c. Secondary Dwellings Per Lot. No more than one secondary dwelling may be
located on a lot.
d. Property to Remain Undivided. Properties with secondary dwelling permits shall
remain recorded as one lot.
e. Maximum Occupancy. The maximum occupancy of the secondary dwelling shall
be no more than two.
f. No Separate Leases. The owner of the property shall occupy one unit. The
secondary dwelling shall not be sold separately.
g. Deed Restriction. A deed restriction must be filed with the county recorder which
states:
A permit for a secondary dwelling was issued to , the current owner of this
property on . This permit does not run with the land and is automatically invalidated by
the sale or transfer of this property. Prospective purchasers should be advised that only one unit
on the property may be rented; the other must be occupied by the owner. Prospective purchasers
who intend to reside in one of the units on the property may apply to the Planning Department
for a secondary dwelling permit. If all of the conditions required by zoning have continually been
met, a new permit will typically be granted. The owner shall strictly adhere to the prohibition of
the use of the secondary dwelling as nightly or short-term rental.
h. Nightly Rentals. Secondary dwellings are intended for long-term rental of six
consecutive months or more, to the same individual, and may not be used for
nightly rentals.
C. The permit for secondary dwellings may be subject to a yearly review by the zoning
administrator. The review shall occur one year after issuance of the secondary dwelling permit.
Page 4 of 19
The zoning administrator may revoke the secondary dwelling permit for noncompliance with the
criteria of this chapter. The permittee may appeal the determination to the board of adjustment,
which will evaluate the zoning administrator's determination of noncompliance and decide if the
permit revocation should occur.
(4) Multi family dwellings of 7 or more units All multi -family development of seven or more units shall
be subject to the following requirements:
a. Access. Vehicular access shall be provided to the property in such a way that it does not impeded
traffic patterns on adjacent streets.
b. Parking. Off-street parking shall be designed in such a way as to allow vehicles to pull forward
into the on -street traffic flow.
c. Garages or carports. If provided, garages and carports shall not be located in the front yard and
shall be setback from the front wall of the principal structure at least fifteen (15) feet or be accessed
from the rear or side of the property.
d. Landscaping. All off-street parking shall be landscaped and buffered from adjacent uses. A
minimum of 15% of the interior of the parking area shall be Iandscaped to provide shade and break
up the expanse of asphalt.
e. Buffering. All adjacent uses shall be buffered by a distance of not less than fifteen (I5) feet and
contain berms, shrubs, and other plantings. Buffering may be combined with screens, fences and
hedges.
f. Open space. Required open space/recreation areas shall be provided in accordance with Chapter
17.
(5) Group Home. A group home may provide living arrangements for not more than eight (8) residents
per home sixty years of age or older; or for persons in alcohol recovery, halfway house or other similar
programs; or for the developmentally disabled, limited to cerebral palsy, multiple sclerosis, mental
retardation, autism, and epilepsy; and not more than two (2) supervisory personnel; subject to the
following conditions:
a. Such homes must be state -licensed.
b. All exterior aspects of a group home, including its scale and off-street parking configuration,
shall not disrupt the residential character of the area.
c. In no case shall the total number of persons residing on premises (including staff) be more than
one (1) per four hundred (400) square feet of usable floor area (20% more than the single family
equivalent).
d. Such homes shall provide off-street parking pursuant to Sections 17.09.210- 17.09.340 of this
code.
(b) Utility provider structures and buildings. New construction of water lines, sewer lines and electric
substations and structures may be constructed in all zones subject to the approval of the Planning
Commission and Council with a review of a subdivision plat. Such construction is not required to apply
for a separate permit but must satisfy the requirements below. When expansion of existing facilities and
construction of new facilities in developed neighborhoods are proposed, an application for a conditional
use permit shall be required. The Planning Commission may require conditions in accordance with the
following language that are reasonably necessary to protect surrounding property values and residential
amenities.
A. These types of facilities include but are not limited to:
Page 5 of 19
1. ElectricaI utility facility, provided transmission lines are excluded from the
requirements of this section if visibility is essential to safety, security, or
maintenance access.
2. Solid waste disposal facility
3. Water pumping plants and pipelines,
4. Public utility buildings and structures (except power plants),
5. Flood control structures,
6. Substations,
7. Sewage treatment plants subject to review and approval of the State
Department of Health
B. Site standards:
1. Architectural fonn and character. A building housing all or a majority of a utility
facility must be compatible with the architectural form of surrounding buildings. This
requirement is not applicable to a utility facility where significant elements of the facility are not
housed inside of a building or to isolate minor elements such as pad mounted transformers,
telephone pedestals and metering stations.
2. Screening and Fence requirements. A utility facility must be site screened with
landscaping and/or fencing. Landscape development, shall include retention of significant trees,
as necessary to maintain and protect property values, enhance the visual appearance of the City,
to preserve the natural character of the area, to promote utilization of natural systems, to reduce
the impacts of development on the storm drainage system and water resources, and to provide a
better transition between the various land uses permitted in the City.
a. The Planning Department and Community Development Director shall review the
proposed landscape plan with each application and make a recommendation to the Planning
Commission.
b. The applicant shall provide site perimeter landscaping that shall consist of a minimum
width of ten (10) feet and include:
1. Evergreen and deciduous trees, with no more than 50 percent being deciduous, a
minimum of six feet in height, and planted at intervals no greater than 30 feet on
center;
2. A minimum of three and one-half feet in height, and living ground cover planted
so that the ground will be covered within three years
c. If planted to buffer a parking area, access, or site development other than a building,
any of the following alternatives may be used unless otherwise noted:
1. Shrubs, a minimum of three and one-half feet in height and living ground
cover must be planted so that the ground will be covered within three years.
2. Earth -mounding, an average of three and one-half feet in height, planted with
shrubs or living ground cover so that the ground will be covered within three
years. This alternative may not be used in a Downtown Land Use District.
3. A combination of earth -mounding and shrubs to produce a visual barrier at
least three and one-half feet in height.
Page 6 of 19
d. Equipment and vehicle storage yards require 15 feet of landscaping on all sides if
visible from a public right-of-way.
e. Parking Area Landscaping. Parking areas require landscaping as follows in addition to
any site perimeter Iandscaping as required
f. Alternative landscaping may be approved by the Planning Commission if the
landscaping will provide the desired screening as noted below:
1. The proposed landscaping represents an equal or better result than that which
could be achieved by strictly following the requirements of this section; and
2. The proposed landscaping either:
a. Incorporates the increased retention of significant trees and
naturally occurring undergrowth; or
b. Better accommodates or improves the existing physical
conditions of the subject property; or
c. Incorporates elements to provide for wind protection or to
maintain solar access; or
d. Incorporates elements to protect or improve water quality; or
e. Incorporates native species in a design that buffers a critical area
from uses on the site, including parking.
(7) Premises agricultural occupations. This type of occupation specifically concerns the retail sale of
feed, seed, fertilizer, equipment and similar items used in agriculture. The following standards shall be
met for this type of business.
a. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel
that will not generate dust or deposit gravel on paved roadways.
b. Hours of operation shall be confined to lam to 7pm or established by resolution of the
Planning Commission.
c. Dust, glare, odor, and noise shall be confined within the boundaries of the property.
d. All signs shall comply with the sign regulations of Chapter 15.44 and shall not exceed
fifteen (15) square feet.
e. Outside storage of products for sale is limited to hours of operation.
(8) Trucking Company/Terminal.
a. Parking areas shall be paved with an all-weather hard surface such as concrete or asphalt
that will not generate dust or gravel deposits on paved roadways.
b. A minimum of fifteen (15) percent of the parking area shall be landscaped with:
i. Shrubs, a minimum of three and one-half feet in height and living ground cover
must be planted so that the ground will be covered within three years.
ii. Earth -mounding, an average of three and one-half feet in height, planted with
trees, shrubs or living ground cover so that the ground will be covered within
three years. A combination of earth -mounding and shrubs to produce a visual
barrier at least three and one-half feet in height.
iii. Evergreen and deciduous trees, with no more than 50 percent being deciduous, a
minimum of six feet in height, and planted at intervals no greater than 30 feet on
center;
c. Odor, glare, and noise shall be confined to the property.
Page 7 of 19
d. Adjacent properties shall be buffered by perimeter landscaping a minimum of fifteen (15)
feet in width.
e. Parking areas shall be illuminated by pole lighting only that shall be downward directed
with full cut-off fixtures dispersed throughout the parking area and shall provide a
minimum of .5 candle power and not more than 1.0 candle power of illumination. No
light shall be placed on the eave or side of buildings and be directed outward toward the
perimeter of the property.
f. Adequate access/ingress shall be provided so as not to impact traffic patterns in the area
g. Refrigerator units shall not be allowed to run from the hours of 10:00 pm to 7:00 am.
(9) Bed and breakfast, rooming or boarding house.
A. All such uses shall comply with the following preconditions.
1. Bed and breakfast facilities, rooming and/or boarding houses may be allowed as a
conditional use permit where applicant can show evidence of compliance with outlined standards and
procedures and where there is clearly minimal negative impact on adjacent residential properties and
neighborhoods. An inspection by the building inspector, fire chief and health department shall be required
prior to the issuance of a permit and as often as necessary for enforcement of this chapter. No person shall
operate a bed and breakfast unless the person holds a valid permit and business license. For purposes of
obtaining a conditional use permit, rooming and/or boarding houses shall abide by the same regulations as
a bed and breakfast facility.
2. A letter of application sworn before a notary public shall be provided by the owner(s)
stating that such owner will occupy the facility, as provided for herein. The letter shall be recorded by the
city recorder with a certified copy to accompany the application. The letter shall also be submitted to the
planning commission for its consideration.
3. The conditional use permit for a bed and breakfast facility shall be granted annually from
the date of the original permit. At the end of the one-year period, renewal shall be granted by the planning
commission if all other conditions required at the time of approval remain unchanged.
4. A change in ownership as defined herein will require a new conditional use permit.
5. Applicant must provide plot plans and building or floor plans one -quarter inch to the foot
showing the bed and breakfast facility, parking and landscaping. Applicant must show that the facility
meets minimum performance standards for off-street parking and landscaping as specified in Section
17.70.080(B). Plans shall be approved by the building inspector, zoning administrator, fire chief and
health department.
6. Applicant must complete the bed and breakfast home occupation form in order to
complete the conditional use permit application process.
B. Requirements.
1. The bed and breakfast facility shall not unduly increase local traffic in the immediate
neighborhood. Road design and access shall be considered in the planning commission's
recommendation. Construction and alterations of bed and breakfast facilities shall not alter the residential
character of residential zones and of the dwelling.
2. The parcel shall also be of sufficient size to be in scale with the number of people using
the facility. All bed and breakfast rentals must provide adequate parking (required one off-street parking
space per rental bedroom) in addition to needed parking for owners of the facility, have a maximum
Page 8of19
thirty -day stay, and meals shall be served to guests only (bed and breakfast: zoning R2, R3, R4).
3. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no
dwelling unit in excess of twenty percent of the total parcel size area).
4. No bed and breakfast facility shall rent for compensation more than seven rooms, except
that suites that do not use a public corridor or passageway between suite bedroom areas shall be counted
as one room.
5. No bed and breakfast facility shall allow more than two adults in any rental room unless
the bedroom square footage is larger than three hundred square feet and does not use a public corridor or
passageway between suite bedroom areas.
6. Signs are limited to one nontlashing sign not larger in area then two hundred twenty-six
square inches. If lighted, the light shall be defused or shielded.
7. All bed and breakfast facilities shall pay water and sewer rates according to the rate
formulas contained in Sections 13.24.010 and 13.24.020.
8. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax
and city gross business license fee.
9. The bed and breakfast facility shall conform to fire, building and health codes and be
licensed in conformance with all city ordinances. Any other appropriate or more stringent conditions
deemed necessary for bed and breakfast facilities protecting public health, safety, welfare and the
residential character of residential zones may be required by the planning commission.
C. Appeals. Approval or disapproval of a bed and breakfast application by the planning commission can
be appealed to the board of adjustments within ten days of planning commission action.
(10) Recreational vehicle/travel !railer park or court. The following provisions are intended to manage
the development of RV parks while minimizing land use conflicts and environmental degradation:
a. Trees and other landscaping serving as a buffer to other adjacent uses must surround the
area for a minimum distance of fifteen (15) feet. Landscaping shall be in accordance with
the requirements of Code Chapter 17.09.360.
b. A solid decorative privacy wail or wooden privacy fence shall be constructed and
maintained around the park perimeter.
c. A minimum separation of twenty (20) feet shall be maintained between each RV unit.
d. Adequate sanitation facilities and HC facilities shall be provided and maintained for the
maximum number of units as per the International Building Code Appendices.
e. A minimum area of 10% or 500 square feet, whichever is greater, must be provided as
open space for a playground and/or picnic area.
f. Traffic patterns within the park and ingress and egress from adjacent streets shall be
designed to minimize congestion at all intersections.
g. Hours of operation shall be limited to 6:00 am to 10:00 pm for the office and other park
facilities or be established by resolution of the Planning Commission.
h. Conditions of Approval. Both the planning commission and city council shall use the
following criteria in reviewing conditional use permit requests as well as the specific
conditions for each type of conditional use listed in the matrix in section b, above. It is
specifically understood that certain criteria listed below may not apply to a particular
application and that failure to meet one or more of the applicable criteria may be cause
Page 9of19
for denial. The applicant shall adequately demonstrate that the criteria have been met.
(11) RV area within a mobile home park. All parks shall meet the following conditions:
a. Must be located along a perimeter of the park
b. Access shall not be through the park
c. Trees and other landscaping serving as a buffer to residential uses must surround the area
for a minimum distance of fifteen (15) feet.
d. A solid decorative privacy wall or wooden privacy fence shall be constructed and
maintained around the RV area.
e. A minimum separation of twenty (20) feet shall be maintained between each RV unit
f. Adequate sanitation facilities and HC facilities shall be provided and maintained for the
maximum number of units as per the International Building Code Appendices.
g. A minimum area of 10% or 500 square feet, whichever is greater, that is located within
the RV area must be provided as open space for a playground and/or picnic area.
i. Appeals
(12) Golf Courses Must contain a minimum of ten acres and a golf club house may be permitted when
part of an approved site plan. The plan must address the following conditions:
a. Golf course designs shall implement nonpoint source pollution best management practices
(BMPs).
b. Course designs and best management plans shall be submitted to the Moab City Planning
Department for review and referral to the Planning Commission for comment and approval
before golf course construction can begin.
c. Course designs must show that there are no encroachments into areas restricted from
development and to minimize the impact of the overall site development on natural resources
of the area. The design must meet the requirements of Chapter 17.09.660, Site Plan Required,
and contain the following supplemental information:
i. Address stream, wetland, and habitat protection
ii. Contain an environmental constraints analysis that includes the existing
environmental conditions on the site and a report with plans that provide:
• Field located streams, ponds or other water bodies, name of watershed and
sub -watershed and Stream Use Class designation,
• Field located wetlands including documentation of vegetation, soils, and
hydrology,
• Wetlands classifications (Cowardin; National Vegetation Classification
Standard for wetlands),
• Calculated 100-year floodplain,
• Topography with slopes differentiated as 1-25%, 26-39%, 40-45%, and
46%+,
• Existing land cover (e.g., forest, meadow, old field, etc.).
• Location of significant plant and/or animal habitat including: documemation
of species, date of last known siting, status, and source of documentation.
d. Application of Regulations and Policies. After verification of the existing environmental
conditions by the U.S. Army Corps of Engineers or other federal agency, the applicant will
identify on the plan those areas of the site that would be restricted from development by: 1)
denoting buffer boundaries, 2) denoting those areas of significant habitat determined to exist
on site that will be preserved, and 3) denoting those existing areas that will be preserved.
Page 10 of 19
e. Design Standards for Preliminary Plan. After the applicant has determined the areas
restricted from development, a plan should be prepared for submission to the Planning
Commission that shows the proposed lay -out of the golf course. The plan shall include the
following:
1. Tees, greens, fairways, and practice range;
2. Buildings (e.g., clubhouse, maintenance facilities, etc.);
3. Roads, cart paths, and parking lots
4. Conceptual design for the management of storm water runoff and water quality
including locations and methods and documentation that these locations and
methods are practical; and
5. Location of irrigation wells and/or ponds.
f. Approval of Encroachments. If any of the above facilities would require encroachment on
buffers, streams, wetlands or floodplains, approval must be granted by the U.S. Army Corps
of Engineers or other federal agency.
(13) Recreational vehicle court. These regulations are intended to establish minimum standards
that are designed to facilitate the development of safe and sanitary accommodations for short-
term occupants. All recreational vehicle courts constructed or enlarged within the city shall be
located only in zones in which they are listed as a permitted use under the terms of Title 17,
Zoning, and shall conform to the requirements and standards set out below.
A. Permit required. Any person wishing to construct a recreational vehicle court shall
prepare a plan and submit the same to the zoning administrator. No construction
connected with such recreational vehicle court shall be commenced until a valid permit
has been obtained. Before a permit can be issued for any construction connected with a
recreational vehicle court, the plans must be approved by the planning commission as set
forth below:
B. Site Plan Required. Such plans shall show the information required for site plans in
accordance with Section 17.09.660.
C. Development standards.
1. The area shall be held and remain under single ownership. The property shall not
be subdivided unless the development and subdivision is approved as a master planned
development and complies with the provisions of Chapter 17.65. Not less than twenty-
five (25) percent of the gross area of the recreation vehicle court shall be developed into a
park or play space for the common use of the occupants. The land covered by vehicular
roadways, sidewalks, parking spaces and landscaped areas surrounding recreational
vehicle spaces which are pertinent to each space, and the area devoted to service facilities
shall not be construed as being part of the area required for parks and playgrounds. An
open space easement covering all common area restricting the use of the land contained
therein against future building or use, except that which is in accordance with an
approved amended plan, shall be conveyed to the city as part of the documentation.
Page 11 of 19
2. The plan must be prepared by an engineer, land surveyor, architect or landscape
architect licensed to practice in the state.
3. Yard Lighting. A minimum to two -tenths footcandles of light shall be required for
protective yard lighting the full length of all driveways and walkways.
4. All roadways shall be hard -surfaced.
5. All recreational vehicle courts shall abut upon a collector or arterial street as set
forth in the master plan of the city.
b. All entrances and exits from the recreational vehicle court shall be by forward
motion only.
7. No exit or entrance from a recreational vehicle court shall be through a residential
zone.
8. All one-way roads shall be at least sixteen feet in width and all two-way roadways
shall be at least twenty-four feet in width.
9. All recreational vehicle spaces shall be located at Ieast twenty feet back from the
right-of-way line at any public street and the resulting setback space must be landscaped
with lawn and trees or shrubs as approved by the building inspector.
10. All areas within the court which are not hard -surfaced shall be landscaped and
maintained with lawns, trees and shrubs designed to provide privacy and noise
containment, and shall be equipped with adequate sprinkling devices as determined by
the building inspector.
11. Each recreational vehicle space shall be at least twenty feet in width and at least
forty feet in length.
12. All recreational vehicles shall be served by a water system, a sewage disposal
system, and a solid waste disposal system and solid waste disposal facilities which have
been approved by the State Health Department.
13. In addition to meeting the above requirements, all recreational vehicle courts shall
conform to the requirements set forth in the Code of Camp, Trailer Court, Hotel, Motel
and Resort Sanitation Requirements as adopted by the Utah State Board of Health and
shall also conform to the Fire Code, which codes have been adopted by the city.
14. All recreational vehicle courts shall be maintained in a tidy and sanitary
condition, free, at all times, from debris, trash and deleterious objects and structures.
15. Prerequisite to the occupancy of any recreational vehicle court shall be the
Page 12 of 19
obtaining of an annual license, which shall be issued only after inspection by the building
inspector. It is unlawful to operate a recreational vehicle court without first obtaining a
license and such license shall be refused or revoked upon failure of the owner and/or
operator to maintain the park in accordance with the standards and requirements as herein
set forth.
(14) Outfitters guide services and facilities. All such uses shall satisfy the requirements of this chapter as
well as address the following standards to the satisfaction of the Planning Commission :
1. Storage of equipment must be contained indoors except for boats, rafts, canoes and other
watercraft.
2. Adequate off-street parking must be provided
3. Noise, glare, and odors shall be contained within the boundaries of the property.
4. All fencing and parking areas shall be maintained in an appealing manner.
5. Landscaping shall be provided in accordance with the requirements of Chapter 17.09.360
(Landscaping --Required) and 17.09.370 (Landscaping --Specifications).
6. Landscaping screening shall be provided and maintained along the perimeter of the property and
consist of 20 feet in depth. Vegetation may include existing trees and shrubs but weeds must be
managed and landscaping maintained once it is installed.
7. All structures shall be maintained in accordance with the adopted version of the International
Property Maintenance Code.
8. Hours of operation shall be established by resolution of the Planning Commission
(15) Outdoor recreational uses, commercial.
1. Adequate off-street parking must be provided
2. Noise, glare, and odors shall be contained within the boundaries of the property.
3. All fencing and parking areas shall be maintained in an appealing manner.
4. Landscaping shall be provided in accordance with the requirements of Chapter 17.09.360
(Landscaping --Required) and 17.09.370 (Landscaping --Specifications).
5. Landscaping screening shall be provided and maintained along the perimeter of the property and
consist of 20 feet in depth. Vegetation may include existing trees and shrubs but weeds must be
managed and landscaping maintained once it is installed. Landscaping options may be
6. All structures shall be maintained in accordance with the adopted version of the International
Property Maintenance Code.
7. Hours of operation shall be established by resolution of the Planning Commission
(16) Self storage warehouse.
1. All new self -storage warehouse facilities or expansions are subject to approval of a site plan as
described in Code Chapter 17.09.660, Site plan —Required.
2. All drives and parking area surfaces shall consist of a maintained all-weather dust free surface
such as asphalt, concrete, bricks, pavers or cobblestones. The use of gravel may be exercised but
a dust inhibitor shall be regularly applied to the surface and appropriately worked into the surface
material.
3. Drive lanes must be of a sufficient width to allow vehicles to pass when another is loading or
unloading by a unit.
4. Traffic impacts shall be mitigated and not lead to disruption of traffic flow on adjacent streets.
5. Self storage warehouses shall be screened/buffered from adjacent properties by the use of
decorative/solid wooden privacy fencing or decorative block walls. High quality landscaping may
be incorporated into the screening effort but maintenance of all vegetation is the responsibility of
the owner(s) of the property.
6. Glare, dust, odor, and noise must be contained within the property boundaries.
Page 13 of 19
7. Landscaping shall be provided in accordance with the requirements of Chapter 17.09.360
(Landscaping --Required) and 17.09.370 (Landscaping --Specifications). Landscaping screening
shall be provided and maintained along the perimeter of the property and consist of 20 feet in
depth. Vegetation may include existing trees and shrubs but weeds must be managed and
landscaping maintained once it is installed.
8. All structures shall be maintained in accordance with the adopted version of the International
Property Maintenance Code.
9. The lot size shall be between a minimum of 2 acres and a maximum of 5 acres.
10. The total area covered by buildings shall not exceed 50 percent of the site.
11. The maximum height of the building or buildings permitted as of right is 20 feet or one story.
Additional height may be allowed by resolution of the Planning Commission.
12. No outside storage is permitted except for large vehicles and boats that are under a permanent
cover.
13. The storage of hazardous, toxic, or explosive substances, including, but not limited to, but
excluding the storage of, hazardous waste, industrial solid waste, medical waste, municipal solid
waste, septage, or used oil, is prohibited.
14. No business activity other than the rental of storage units shall be conducted on the premises.
15. One dwelling unit is permitted on the same lot for use as a caretaker dwelling.
(17) Asphalt/concrete batching plant, permanent
1. Hours of operation 5:00 am to 9:00 pm or restricted by resolution of the Planning Commission
2. Traffic impacts- drive entries must be designed to minimize impeding traffic in lanes of travel on
adjacent streets
3. Odor, noise, and glare must be contained within the boundaries of the property
4. Landscaping Screening shall be provided and maintained along the perimeter of the property and
consist of 20 feet in depth. Vegetation may include existing trees and shrubs but weeds must be
managed and landscaping maintained once it is installed.
5. All parking areas shall consist of a dust free durable surface. The use of gravel may be exercised but
a dust inhibitor shall be applied to the surface and appropriately worked into the surface material.
6. Dust- Appropriate mechanical devices shall be in place to minimize the release of dust and
cement and fly ash particles or other nuisance material from the hatching and stockpile areas.
(18) Asphalt or Concrete Batching Plant, Temporary. A temporary asphalt or concrete batch plant
permit may be approved by the zoning administrator for producing asphalt or concrete products used in
construction activities on the same or nearby sites subject to the following conditions.
a. The batching plant site shall comply with all applicable provisions of city, state and federal
laws.
b. The batch plant shall not be located within six -hundred feet (600') of a residence.
c. Hours of operation will be limited to Monday through Friday, 7 a.m. to 7 p.m.
d. The batch plant permit will be valid for up to six (6) months with a single renewal of a six
(6) month time period by the Zoning Administrator. Subsequent time periods may be
approved only through review by the Planning Commission.
e. No portion of the batch plant or its operation shall be located on a public street.
f. The batch plant shall only furnish concrete, asphalt, or both, to a specific project. The
placement of a temporary batching plant for a private project is restricted to the site of the
project.
g. The site must be clear of all equipment, material and debris upon completion.
h. All public improvements that are damaged during the operation of the temporary batching
plant must be repaired or replaced within thirty (30) days of completion of the project.
Page 14 of 19
i. At termination and/or removal of plant permit, permittee shall have the person responsible
walk the site with the building official or his/her designee to verify the site meets city
approval.
(19) Wireless Telecommunication Towers. All wireless telecommunications facilities shall only be
allowed in areas zoned I-1, C-4 or on city, county or school district owned property located in
areas found to be aesthetically appropriate and suitable as approved by the planning commission
and city council. Council shall base their approval, denial, or approval with conditions on the
recommendations of the public works director, zoning administrator, and city planner. The
regulations and standards for the construction, erection or placement of all wireless
telecommunications towers within the jurisdiction of the city are found in Code Chapter 17.76.
(20) Drive-thru Windows. Proposed drive-thru windows shall be evaluated using the following standards.
1. The drive-thru use shall not interfere with traffic circulation to and from the building site
2. The drive-thru use shall not hinder the use of available parking areas or access to parking areas
3. The drive-thru use shall utilize additional landscaping, soil berms, and/or fencing as required
to serve as a buffer for light and/or noise
4. Design features shall be incorporated for the sufficient protection of adjacent uses from
adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic
minimization or circulation, parking issues, or other undesirable or hazardous conditions.
5. Provisions for proper maintenance of the drive areas, lighting, signage, landscaping, etc. shall
be provided.
6. The drive-thru window shall be operated only during approved business hours
7. The applicant must demonstrate that site impacts within the property as well as adjoining
properties have been fully mitigated appropriate to the topography of the site. The review of
impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian
or hillside areas.
(21) Large commercial and home -based day-care centers. Large home based facility serves eight to
sixteen persons in accordance with state rules and shall be permitted to operate between the hours of 5:00
a.m. to 9:00 p.m. daily or as approved by a conditional use permit. A commercial facility is a stand-alone
facility not attached to a residence.
a. Proof of a state license is required as part of the approval.
b. Applicants shall submit a conceptual site plan that indicates:
i. Ingress and egress to the property,
ii. drop off/pick up areas
iii. Traffic circulation
iv. Off-street parking
v. Landscaping
vi. Buffering or separation from dissimilar uses
vii. Open space for older kids
c. Hours of operation shall be between 5:00 am until 9:00 pm or as restricted by resolution
of the Planning Commission.
d. Odor, noise, and glare shall be restricted to the property.
e. Landscaping shall be provided in accordance with the requirements of Chapter 17.09.360
(Landscaping --Required) and 17.09.370 (Landscaping --Specifications).
(22) Manufactured Home Sales. The following additional items shall be used during review of
Page 15 of 19
applications for this use in an effort to mitigate impacts from the sales of factory built structures:
a. Additional perimeter landscaping in compliance with the requirements of Chapter 17.09.360
(Landscaping --Required) and 17.09.370 (Landscaping --Specifications) shall include berms,
screening, and fencing,
b. Increased setbacks from property lines may be required when adjacent to dissimilar uses,
c. Hours of operation shall be 8:00 am to 7:00 pm, or as established by resolution of the Planning
Commission.
d. Storm water management plan is required to be submitted for review by the City Public Works
Director and City Engineer,
e. Permanent structures shall express architectural compatibility with surrounding buildings in
terms of appearance, scale and features, site design and scope,
f. Potentially adverse impacts from noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare,
shall be contained within the property boundaries,
g. Traffic impacts on surrounding streets shall be minimized,
h. Sufficient paved parking shall be provided in accordance with this code.
(23) Division of Undersized Lots (Not to be confused with Chapter 17.12.110, Nonconforming lots of
record.)Where a parcel of land at the time of the adoption of the ordinance codified in this title is at least
one and eight -tenths times as large in area as required for a lot in the zone, the planning commission may
permit the division of a parcel into two lots, provided:
a. Such division will not cause undue concentration of buildings;
b. The characteristics of the zone in which the lot is located will be maintained;
c. In the opinion of the planning commission, values in the area will be safeguarded.
(24) Moved buildings, No building shall be moved within the city which building has had prior use,
without an application being filed with the Zoning Administrator.
A. Such application shall contain the following information:
i. Location and address of the old and new site;
ii. Plot plan of the new location, also showing adjacent lots on all sides of the
property and indicating all structures and improvements on such lots;
iii. Plans and specifications for the proposed improvements at the new locations,
including plans for landscaping treatment when required by the zoning
administrator;
iv. Certification by the building inspector that the structure is sound enough to be
moved and that the condition, location and use of the building will comply with
the zoning ordinance and all other applicable codes and ordinances.
B. The application must then be reviewed by the planning commission who will forward
a recommendation of approval or denial to Council. Before approving such
application and authorizing the issuance of a permit, the city council shall
consider the recommendation of the Planning Commission and must find:
i. That the building will have no appreciable detrimental effect on the
living environment and property values in the area into which the
structure is to be moved;
ii. That the building is in conformity with the quality of buildings existing
in the area into which it is proposed to be moved;
Page 16 of 19
That such building and the lot on which the building is to be located will
conform to the requirements of the zoning ordinance and other applicable
codes, ordinances, and regulations;
iv. That its location on the lot does not in any substantial way adversely
affect buildings or uses in abutting properties;
v. That all landscaping, walkways and masonry work about the premises
and the required dedications and improvements for streets and facilities
and buildings shall be provided in conformity with the standards of the
city;
vi. That a bond or other assurance has been posted as a guarantee that the
building and grounds will be improved as stipulated by the planning
commission before the building is occupied and that the vacated site will
be restored to a safe and attractive condition. The amount of the bond or
other assurance shall be at least equal to the cost of employing a
contractor to make the improvements to the buildings and premises as
required by the planning commission. The requirements of this provision
shall also apply to the moving of mobile homes, demountable homes,
manufactured homes and similar movable structures, except when being
moved from outside the city into a mobile home park.
(25) Cemeteries, public or private. No cemetery, or any extension of an already existing cemetery,
shall hereafter be established in the city without the consideration and recommendation of the
Planning Commission as follows:
1. Applications required. Application for the establishment of a cemetery or for the extension
to an existing cemetery shall be made on forms provided by the Zoning Administrator. The
application shall include:
a. The name(s) and address(es) of the owner(s) of the land,
b. The area(s) of the property that will be used for burial purposes,
c. The area(s) of the property that will be used for screening purposes,
d. Other information as may be helpful to the Planning Commission in its
consideration of the application,
e. An appropriate fee as adopted by resolution of the City Council.
f. Detailed site plans drawn to scale by a licensed professional Utah registered land
surveyor or professional engineer as per Chapter 17.09.660.
g. A written legal description of the cemetery,
h. A narrative describing the:
i. Age and condition,
ii. Historical significance is applicable,
iii. Whether the cemetery is religious, family, organizational, or publicity
owned,
iv. Any prehistoric or historic archaeological discoveries on the property, and
v. A written description of names and vital dates of those interred.
2. Eapansion/disruption. If the expansion requires a disruption of existing burial sites, the
applicant shall provide a detailed site alteration plan indicating the extent of disruption of the
cemetery, methods of construction or removal of human remains, and reburial plan. Such plan shall
include a written description and visual drawing of the plan showing the relocation of graves.
Page 17 of 19
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3. Consideration and recommendations by planning department. The planning department
shall consider, among other things:
a. The need for the proposed cemetery or extension and the desirability of the
location,
b. Report its findings to the Planning Commission with any conditions that should be
imposed on the applicant relative to landscaping and setting aside a part of the
proposed area for screening purposes, and
c. A recommendation that a bond be furnished by the applicant for the fulfillment of
any conditions imposed by the Planning Commission, and an appropriate amount of
the bond at one hundred fifty (150) percent of the total cost of the improvements.
4. Conditions of approval to be specified. The Planning Commission, by resolution, shall
establish specific conditions of approval to create/extend a cemetery. Conditions shall be based on:
a. The need for the proposed cemetery or extension;
b. The desirability of the location;
c. Specific areas to be used for burial purposes and screening;
d. Type and extent of landscaping;
e. Amount of guarantee bond for improvements;
f Light, glare, dust, noise;
g. Traffic impacts;
h. Parking.
(26) Animal pound or kennel (private)
a. Noise, odor and glare shall be contained on the property
b. Fencing, landscaping, the design of parking areas, and downward directed and full cut-off light
fixtures shall be used to reduce impacts on adjacent properties.
c. Parking shall be provided at a rate of one (1) space per 1,000 square feet and one (1) space per
each employee. ADA handicapped accessible spaces shall be provided as required.
d. A buffer area of twenty five (25) feet shall be used to provide a separation from other uses and
adjacent properties. Buffering shall include the elements of b. above.
e. Vehicular ingress and egress traffic patterns shall be designed to not impede existing traffic flows
and provide adequate interior circulation.
f. Hours of operation for public access shall be from 8:00 am to 5:00 pm or restricted by resolution
of the Planning Commission.
G. Landscaping shall consist of berms, solid wooden privacy fence, decorative block wall or
combination thereof and be in accordance with the requirements of Chapter 17.09.360
(Landscaping --Required) and 17.09.370 (Landscaping --Specifications). A minimum of 15% of
the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for
vehicles and must be of a sufficient size and placement to provide shade to 40% of the parking area
within three (3) years.
(27) Veterinary clinic with kennel
a. Hours of operation shall be limited to the hours of 7:00 am to 5:00 pm. unless otherwise restricted
by resolution of the Planning Commission.
b. Traffic impacts shall be minimized so that on -street vehicle flows will not be impeded
Page 18 of 19
c. Noise, odor, and glare shall be contained on the property
d. Landscaping shall be completed in accordance with the provisions located in Chapters l 7.09.360
(Landscaping --Required) and 17.09.370 (Landscaping --Specifications). A minimum of 15% of the
interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for
vehicles and must be of a sufficient size and placement to provide shade to 40% of the parking area
within three (3) years.
(28) Schools, churches, monasteries, etc. All schools, churches, and monasteries shall be subject to the
regulations established by Utah State Code Annotated (UCA) and shall be considered by the Planning
Commission under Chapter 17.09.530, Conditional Uses. At a minimum, the Planning Commission shall
receive a complete site plan which demonstrates that:
a. Traffic impacts are minimized so that on -street vehicle flows will not be impeded,
b. Noise, odor, and glare is contained on the property,
c. Landscaping shall be completed in accordance with the provisions located in Chapters 17.09.360
(Landscaping --Required) and 17.09.370 (Landscaping --Specifications). A minimum of 15% of the
interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for
vehicles and must be of a sufficient size and placement to provide shade to 40% of the parking area
within three (3) years.
d. Possible impacts on adjacent streets, sidewalks, and bike/pedestrian routes have been identified
and reduced to minimum levels,
e. Adequate parking for the intended use is provided.
Enforcement.
All violations of this chapter are classified as Class B misdemeanors, punishable by a fine not to exceed
one thousand dollars or by imprisonment in the county jail for a period not to exceed six months, or by
both such fine and imprisonment, Each day of violation or noncompliance shall constitute a separate
offense and may be prosecuted accordingly. The city council may also revoke or suspend violator's
license(s) for noncompliance of conditional use,
AND FURTHERMORE, Chapter 17.20, C- I COMMERCIAL --RESIDENTIAL ZONE and
specifically17.20A20 (7) that reads:
"Bed and breakfast facilities (adhering to the conditions of the bed and breakfast
ordinance)",
SHALL BE AMENDED to read:
"Bed and breakfast facilities shall adhere to the regulations established in Chapter 17.09.530,
Conditional Use Permits."
PASSED AND APPROVED in open Council by a majority rote of the Governing Body of Moab City
Council n September 14, 2010.
SIGH
David L. Sakrison, Mayor
Rachel Ellison, City Recorder
Page 19 of 19
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STATE OF UTAH,
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Zane W. Taylor, being first duly sworn accord-
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County, State of Utah, and a designated agent of the Utah
Press Association; that the notice attached hereto and
which is a copy of a
City of Moab
Ordinance #2010-13 and #2010-15
which is made a part of this Affidavit of Publication, was
published in said newspaper for a period of 1 consecu-
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Publisher
Subscribed and sworn before me this
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Residing in Moab, Utah
My Commission Expires
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City of Moab
Ordinance #2010-13 & #2010-15 Hearing
hereto attached, and which is made a part of this Affida-
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period of 2 consecutive issues, the first publication date
having been made August 12, 2010
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Residing in Moab, Utah
My Commission Expires
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My Commission Expires on:
November 7, 2013
Comm. Number. 581356
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County, State of Utah; that the notice
City of Moab
Ordinance 2010-13
hereto attached, and which is made a part of this Affida-
vit of Publication, was published in said newspaper for a
period of 2 consecutive issues, the first publication date
having been made June 24, 2010
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Subscribed and sworn before me this
Notary Public
Residing in Moab, Utah
My Commission Expires
SADIE° WARNER
Notary Public Stole of Utah
My Commission Expires on:
November 7, 2013
Comm. Number 581356