HomeMy Public PortalAboutORD-CC-2018-01CITY OF MOAB ORDINANCE #2018-01
AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, SECTIONS
17.18, 17.20, 17.21, 17.24, 17.27, 17.30, 17.31, 17.35, 17.36, 17.42, 17.45, 17.48, 17.51, AND
17.54 PERTAINING TO USES IN THE SPECIFIC ZONES; AMENDING CHAPTER
17.06.020 DEFINITIONS; AMENDING SECTION 17.69 SECONDARY DWELLING
UNITS TO READ "ACCESSORY DWELLING UNITS"; AND REPEALING
CHAPTERS 17.09.530 AND 17.09.531, CONDITIONAL USES
The following findings describe the intent and purpose of this ordinance:
a. The City has enacted Title 17.00, Zoning, of the Moab Municipal Code, which governs
land use and development within the City Limits.
b. From time to time the City undertakes to revise its zoning ordinances to improve the
quality of land development and align the Code with state law and contemporary planning
concepts.
c. The City has experienced complications in uses with the status of "Conditional" and
desires to remove them from the schedule of uses in each zone.
d. Council believes that removal of conditional uses is necessary to: i) eliminate
misunderstandings of the review criteria; ii) assure that there is a clear understanding of the
allowed uses in each zone; iii) promote development in accord with the objectives and
characteristics of the zones while providing sufficient standards to mitigate potential impacts on
adjacent properties.
e. Repealing Chapters 17.09.530 and 17.09.531 that deal with Conditional Uses will aid in
removing ambiguity from the Code.
£ Amending the definitions in MMC Section 17.06.020 will provide clear descriptions of
uses that have not been defined in past iterations of various code sections.
g. The City finds that this ordinance will serve the public health, safety, and welfare, and
that adoption is in the best interests of the Moab community.
h. This ordinance was reviewed by the Planning Commission on March 8, 2018, and in an
unanimous vote, the Commission recommended that City Council adopt Ordinance #2018-01.
Therefore, the City of Moab enacts as follows:
Sections 17.09.530 and 17.09.531 are hereby repealed in their entirety;
AND
The City Council replaces the following language in the Code:
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17.18
A-2 Agricultural Zone
17.18.20 Permitted uses and Regulations.
1. Agriculture
2. Agriculture buildings
3. Cemeteries, public and private
No cemetery, or any extension of an already existing cemetery, shall hereafter be
established in the city without a site plan permit process, as outlined in Chapter 17.67.
A. Application 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:
i. The name(s) and address(es) of the owner(s) of the land;
ii. The area(s) of the property that will be used for burial purposes;
iii. The area(s) of the property that will be used for screening purposes;
iv. An appropriate fee as adopted by resolution of the city council;
v. Detailed site plans drawn to scale by a licensed professional Utah registered
land surveyor or professional engineer as per Chapter 17.67;
vi. A written legal description of the cemetery;
vii. A narrative describing the:
a. Age and condition,
b. Historical significance if applicable,
c. Whether the cemetery is religious, family, organizational, or publicly
owned,
d. Any prehistoric or historic archaeological discoveries on the property, and
e. A written description of names and vital dates of those interred.
B. Expansion/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.
C. Standards of Approval to be Specified. A resolution shall be prepared establishing
specific standards of compliance to create/extend a cemetery. These shall be based
on:
i. The need for the proposed cemetery or extension;
ii. The desirability of the location;
iii. Specific areas to be used for burial purposes and screening;
iv. Type and extent of landscaping;
v. Amount of guarantee bond for improvements;
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vi. Light, glare, dust, noise;
vii. Traffic impacts; and
viii. Parking.
4. Day care
Day care shall be permitted to operate subject to the following standards:
A. City of Moab business license is required.
B. A valid day care license or certificate as issued by the State of Utah is required.
C. Applicants for a city business license 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 (single family residence + space for each FTE staff
member);
v. Landscaping;
vi. Buffering or separation from dissimilar uses;
vii. Open space for older kids.
D. Compliance with all applicable City regulations regarding noise, odor and glare.
5. Golf courses
Golf courses Ynust contain a minimum of ten acres. Applications for golf courses must
follow the site plan requirements of Chapter 17.67 and must address the following standards:
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.
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 ofthe area. The design must meet the requirements of Section 17.67, 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:
a. Field located streams, ponds or other water bodies, name of watershed
and sub -watershed and stream use class designation,
b. Field located wetlands including documentation of vegetation, soils,
and hydrology,
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c. Wetlands classifications (Cowardin; National Vegetation
CIassification Standard for wetlands),
d. Calculated one hundred -year floodplain,
e. Topography with slopes differentiated as 1--25%, 26--39%, 40--45%,
and 46%+,
f. Existing land cover (e.g., forest, meadow, old field, etc.).
g. Location of significant plant and/or animal habitat including:
documentation 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.
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 department that shows the proposed lay -out of the golf course. The plan
shall include the following:
i. Tees, greens, fairways, and practice range;
ii. Buildings (e.g., clubhouse, maintenance facilities, etc.);
iii. Roads, cart paths, and parking lots;
iv. 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
v. 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.
6. Group homes
A. Such homes must be licensed by the State of Utah.
B. All exterior aspects of a group home, including its scale and off-street parking
configuration, shall conform with the requirements of the A-2 Zone.
C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--
17.09.340 of this code.
D. Such homes may provide living arrangements for not more than eight residents per
home (excluding supervisory personnel).
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7. Home occupations subject to the requirements set forth in Section 5.08.050.
8. One -household dwellings and accessory uses
9. Places of worship
All places of worship shall be subject to the regulations established by Utah State Code
Annotated ("UCA"). The Planning Department, in accordance with Chapter 17.67, 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 Sections
17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping —Specifications
generally). A minimum of fifteen percent 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 forty percent of the parking area
within three 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.
10. Planned unit developments which are connected to a public sewer, subject to the
requirements set forth in Chapter 17.66
11. 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 7:00 a.m. to 7:00 p.m.
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 square feet.
E. Outside storage of products for sale is limited to hours of operation.
12. Public facilities
This type of use shall be allowed in compliance with the following standards.
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A. The proposed use shall be situated on a tract of land sufficient in size to provide for
the activities of the use as well as required landscaping, off-street parking, and trails;
B. Landscaping, screening, and fencing shall be installed and maintained to mitigate
impacts on surrounding residential uses;
C. 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;
D. Compliance with all applicable City regulations regarding noise, odor and glare;
E. Outside storage of equipment, materials, and supplies shall be contained and located
within a building or a sight obscuring fence;
F. The use shall demonstrate that there is a benefit to the neighborhood or community;
G. The proposed use shall not generate traffic in excess of the level of traffic associated
with the number of residential dwellings that could be permitted on the parcel.
13. Public parks
14. Raising, care and keeping of animals and fowl for household use and consumption
15. Schools
All schools shall be subject to the regulations established by Utah State Code Annotated.
The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that:
A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded;
and
B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been
identified and reduced to minimum levels.
16. Utility provider structures
New construction of water lines, sewer lines and electric substations and structures may
be constructed 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. Expansions of existing facilities are also subject to the approval of the
planning commission and council, and subject to the standards below. The planning commission
may require standards 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:
i. Electrical utility facility, provided transmission lines are excluded from the
requirements of this section if visibility is essential to safety, security, or
maintenance access;
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ii. Solid waste disposal facility;
iii. Water pumping plants and pipelines;
iv. Public utility buildings and structures (except power plants);
v. Flood control structures;
vi. Substations;
vii. Sewage treatment plants subject to review and approval of the State
Department of Health.
B. Site Standards.
i. Architectural Form 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.
ii. 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 consists of
a minimum width of ten feet and includes:
i. Evergreen and deciduous trees, with no more than fifty percent
being deciduous, a minimum of six feet in height, and planted
at intervals no greater than thirty feet on center;
ii. 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.
iii. 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:
a. 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.
b. 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.
c. A combination of earth -mounding and shrubs to produce a visual
barrier at least three and one-half feet in height.
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i. Equipment and vehicle storage yards require fifteen feet of landscaping on all
sides if visible from a public right-of-way.
ii. Parking Area Landscaping. Parking areas require landscaping as follows in
addition to any site perimeter landscaping as required.
iii. Alternative landscaping may be approved by the planning commission if the
landscaping will provide the desired screening as noted below:
a. The proposed landscaping represents an equal or better result than that
which could be achieved by strictly following the requirements of this
section; and
b. The proposed landscaping either:
i. Incorporates the increased retention of significant trees and
naturally occurring undergrowth;
ii. Better accommodates or improves the existing physical
conditions of the subject property;
iii. Incorporates elements to provide for wind protection or to
maintain solar access;
iv. Incorporates elements to protect or improve water quality; or
v. Incorporates native species in a design that buffers a critical
area from uses on the site, including parking.
17. Veterinary clinic with kennel
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 space per one thousand square feet and one
space per each employee. ADA handicapped accessible spaces shall be provided as
required.
D. A buffer area of twenty-five feet shall be used to provide a separation from other uses
and adjacent properties. Buffering shall include the elements of subsection 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 7:00 a.m. to 7:00 p.m.
G. Landscaping shall consist of berms, solid wooden privacy fence, decorative block
wall or combination thereof and be in accordance with the requirements of Sections
17.09.360 (landscaping --required) and 17.09.370 (landscaping --specifications). A
minimum of fifteen percent 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 forty percent of the parking area within three
years.
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17.18.050 Location requirements.
1. Front Setback. A11 buildings and structures shall be set back at least twenty-five feet from
the front lot line or fifty-five feet from the centerline of any public street, whichever is
greater.
2. Side Setback. All dwellings shall be set back from the side property line a distance of at least
ten feet and the total distance of the two side setbacks shall be at least twenty-four feet. On
comer lots, the side setback from any street shall not be less than twenty-five feet for main
buildings.
3. Rear Setback. For interior lots, all dwellings and other main buildings shall be set back from
the rear property line a distance of at least twenty-five feet. For corner lots, all dwellings and
other main buildings shall be set back from the rear property line a distance of at least twenty
feet.
4. The minimum side setback for accessory buildings on interior and corner lots is listed in
Section 17.09.560, accessory use or structure.
5. Livestock and fowl setback. Uses for the care and keeping of livestock and fowl shall be
located at least one hundred feet distance from any existing dwelling and one hundred feet
from the front property lines.
17.18.070 Special provisions.
The maximum density in a planned unit development shall not exceed one dwelling unit per five
acres of land contained in the development.
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17.20
C-1 Commercial — Residential
17.20.020 Permitted uses and Regulations.
1. Arts and crafts shop less than three thousand square feet
2. Bed and breakfast facilities
All Bed and Breakfast facilities shall comply with the following standards:
A. Bed and breakfast facilities may be allowed where the proprietor can show evidence
of compliance with the standards and procedures outlined below and where there is
minimal impact on adjacent residential properties and neighborhoods. An inspection
by the building inspector, fire chief and health department shall be required prior to
issuance of a business license, and as often as necessary for enforcement of this
chapter. No person shall operate a bed and breakfast unless the person holds a valid
business license.
B. A written letter sworn before a notary public shall be provided by the owner(s) stating
that such owner or a manager will occupy the facility, as provided for herein. The
letter shall be recorded by the city recorder.
C. The bed and breakfast shall conform to the requirements for landscaping found in
Sections 17.09.360 through 17.09.420.
D. The bed and breakfast facility shall not unduly increase local traffic in the immediate
neighborhood. A bed and breakfast shall not be located on a cul-de-sac, dead-end
street, or a zoning lot with a street frontage of less than fifty feet.
E. There shall be a minimum perimeter separation of three hundred feet between
property lines of bed and breakfasts.
F. Construction and alterations of bed and breakfast facilities shall not alter the
residential appearance of the dwelling. A new structure shall not be constructed
solely for the use of a bed and breakfast. A property owner may not operate a bed and
breakfast for a period of five years after the date a certificate of occupancy is issued.
Bed and breakfast facilities shall be located in an existing structure that is a minimum
of two thousand square feet in size. Additions to an existing structure for a bed and
breakfast use shall not exceed twenty percent of the total area of the existing
structure.
G. 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. A maximum stay shall not exceed thirty days, and
meals shall be served only to guests. One off-street parking space for trailers must be
provided per every two off-street parking spaces for vehicles.
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H. No bed and breakfast facility shall rent for compensation more than five rooms.
Suites that do not use a public corridor or passageway between suite bedroom areas
shall be counted as one room.
I. 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.
J. Signs are limited to one non -flashing sign not larger in area than four square feet. If
lighted, the light shall be diffused or shielded and downward directed.
K. All bed and breakfast facilities shall pay water and sewer rates according to the rates
established by the City Council.
L. All bed and breakfasts must collect and pay an applicable transient room tax, sales
tax, and pay a city gross business license fee.
M. The bed and breakfast facility shall conform to fire, building and health codes and be
licensed in conformance with all city ordinances.
3. Day care
Day care shall be permitted to operate subject to the following standards:
A. City of Moab business license is required.
B. A valid day care license or certificate as issued by the State of Utah is required
C. Applicants for a city business license shall submit a conceptual site plan that
indicates:
1. Ingress and egress to the property;
2. Drop off/pick up areas;
3. Traffic circulation;
4. Off-street parking (single family residence + space for each FTE staff
member);
5. Landscaping;
6. Buffering or separation from dissimilar uses;
7. Open space for older kids.
D. Compliance with all applicable City regulations regarding noise, odor and glare.
4. Financial institutions
Standards for drive -through windows for financial institutions:
A. The drive -through use shall not interfere with traffic circulation to and from the
building site;
B. The drive -through use shall not hinder the use of available parking areas or access to
parking areas;
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C. The drive -through use shall utilize additional landscaping, berms, and/or fencing as
required to serve as a buffer for light and/or noise;
D. Design features shall be incorporated for the sufficient protection of adjacent uses
from adverse impacts including noise, vibration, smoke, flumes, gas, dust, odor,
lighting, glare, traffic minimization or circulation, parking issues, or other undesirable
or hazardous conditions;
E. Provisions for proper maintenance of the drive areas, lighting, signage, landscaping,
etc. shall be provided;
F. The drive -through window shall be operated only during normal business hours;
G. The developer or proprietor 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.
5. Funeral establishments
6. Greenhouses and nurseries
7. Group horses
A. Such homes must be licensed by the State of Utah.
B. A11 exterior aspects of a group home, including its scale and off-street parking
configuration, shall conform with the requirements of the C-1 Zone.
C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--
17.09.340 of this code.
8. Gymnasiums
9. Home occupations subject to the requirements set forth in Section 5.08.050
10. Hospitals
11. Multi -household dwellings
Developments consisting of seven or more multi -household more units shall be subject to
the following additional requirements:
A. Access. Vehicular access shall be provided to the property in such a way that it
does not impede 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.
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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 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 fifteen percent of the interior of the parking area
shall be landscaped 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 feet and contain berms, shrubs, and other plantings. Buffering may be
combined with screens, fences and hedges.
F. Apartments and court apartments shall designate an open space/recreation area
that is a minimum of two hundred (200) square feet in size to be developed into
recreation, play or landscaped areas. The requirement can be met with the
construction of a recreation room ("rec room") or club house of a similarly sized
area that can be used for residents and their guests for recreation/social activities
and/or relaxation- also called a "rec room".
12. One -household dwellings and accessory uses
13. PIaces of worship
All places of worship shall be subject to the regulations established by Utah State Code
Annotated ("UCA"). The Planning Department, in accordance with Chapter 17.67, 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 Sections
17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications
generally). A minimum of fifteen percent 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 forty percent of the parking area
within three 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.
14. Planned unit developments subject to the requirements in Chapter 17.66
15. Professional offices
16. Public buildings
This type of use shall be allowed when in compliance with the following standards.
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A. The proposed use shall be situated on a tract of land sufficient in size to provide for
the activities of the use as well as required landscaping, off-street parking, and trails;
B. Landscaping, screening, and fencing shall be installed and maintained to mitigate
impacts on surrounding residential uses;
C. 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;
D. Dust, glare, odor, and noise shall be confined within the boundaries of the property;
E. Outside storage of equipment, materials, and supplies shall be contained and located
within a building or a sight obscuring fence;
F. The use shall demonstrate that there is a benefit to the neighborhood or community;
G. Traffic from the proposed use shall not create a significant negative impact on the
neighborhood.
17. Public parks
18. Retail establishments that are less than three thousand square feet
19. Schools
All schools shall be subject to the regulations established by Utah State Code Annotated.
The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that:
A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded.
B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been
identified and reduced to minimum levels.
20. Two -household dwellings and accessory uses
21. Veterinary Clinic with Indoor Kennel
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 space per one thousand square feet and one
space per each employee. ADA handicapped accessible spaces shall be provided as
required.
D. A buffer area of twenty-five feet shall be used to provide a separation from other uses
and adjacent properties. Buffering shall include the elements of subsection B above.
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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 7:00 a.m. to 7:00 p.m.
G. Landscaping shall consist of berms, solid wooden privacy fence, decorative block
wall or combination thereof and be in accordance with the requirements of Sections
17.09.360 (landscaping --required) and 17.09.370 (landscaping --specifications). A
minimum of fifteen percent 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 forty percent of the parking area within three
years.
22. Wholesale establishments less than three thousand square feet
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17.21
C-2 Commercial — Residential
17.21.020 Permitted Uses and Regulations.
The following uses shall be permitted in the C-2 commercial -residential zone upon
compliance with requirements set forth in this title:
1. Art and craft shops
2. Assembly of appliances from previously prepared parts (contained within a building)
3. Bed and breakfast facilities
All Bed and Breakfast facilities shall comply with the following standards:
A. Bed and breakfast facilities may be allowed where the proprietor can show evidence
of compliance with the standards and procedures outlined below and where there is
minimal impact on adjacent residential properties and neighborhoods. An inspection
by the building inspector, fire chief and health department shall be required prior to
issuance of a business license, and as often as necessary for enforcement of this
chapter. No person shall operate a bed and breakfast unless the person holds a valid
business license.
B. A written letter sworn before a notary public shall be provided by the owner(s) stating
that such owner or a manager will occupy the facility, as provided for herein. The
letter shall be recorded by the city recorder.
C. The bed and breakfast shall conform to the requirements for landscaping found in
Sections 17.09.360 through 17.09.420.
D. The bed and breakfast facility shall not unduly increase local traffic in the immediate
neighborhood. A bed and breakfast shall not be located on a cul-de-sac, dead-end
street, or a zoning lot with a street frontage of less than fifty feet.
E. There shall be a minimum perimeter separation of three hundred feet between
property lines of bed and breakfasts.
F. Construction and alterations of bed and breakfast facilities shall not alter the
residential appearance of the dwelling. A new structure shall not be constructed
solely for the use of a bed and brealfast. A property owner may not operate a bed and
breakfast for a period of five years after the date a certificate of occupancy is issued.
Bed and breakfast facilities shall be located in an existing structure that is a minimum
of two thousand square feet in size. Additions to an existing structure for a bed and
breakfast use shall not exceed twenty percent of the total area of the existing
structure.
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G. 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. A maximum stay shall not exceed thirty days, and
meals shall be served only to guests. One off-street parking space for trailers must be
provided per every two off-street parking spaces for vehicles.
H. No bed and breakfast facility shall rent for compensation more than five rooms.
Suites that do not use a public corridor or passageway between suite bedroom areas
shall be counted as one room.
I. 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.
J. Signs are limited to one non -flashing sign not Iarger in area than four square feet. If
lighted, the light shall be diffused or shielded and downward directed.
K. All bed and breakfast facilities shall pay water and sewer rates according to the rates
established by the City Council.
L. All bed and breakfasts must collect and pay an applicable transient room tax, sales
tax, and pay a city gross business license fee.
M. The bed and breakfast facility shall conform to fire, building and health codes and be
licensed in conformance with all city ordinances.
4. Carpentry shops
5. Convenience establishments that are less than three thousand square feet
6. Day care
Day care shall be permitted to operate subject to the following standards:
A. City of Moab business license is required.
B. A valid day care license or certificate as issued by the State of Utah is required
C. Applicants for a city business license shall submit a conceptual site plan that
indicates:
1. Ingress and egress to the property;
2. Drop off/pick up areas;
3. Traffic circulation;
4. Off-street parking (single family residence + space for each FTE staff
member);
5. Landscaping;
6. Buffering or separation from dissimilar uses;
7. Open space for older kids.
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D. Compliance with all applicable City regulations regarding noise, odor and glare.
6. Eating establishments less than 2,000 square feet excluding drive-ins or drive through
services
7. Electrical appliance shops (wholesale)
8. Engraving and printing establishments
9. Funeral establishments
10. Greenhouses and nurseries
11. Group homes
A. ,Such homes must be licensed by the State of Utah.
B. All exterior aspects of a group home, including its scale and off-street parking
configuration, shall conform with the requirements of the C-2 Zone.
C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--17.09.340
of this code.
12. Gymnasiums
13. Home occupations subject to the requirements set forth in Section 5.08.050
14. Hospitals
15. Lodging establishments (under ten units)
16. Multi -household dwellings
Developments consisting of seven or more multi -household units shall be subject to the
following additional requirements:
A. Access. Vehicular access shall be provided to the property in such a way that it does
not impede 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 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 fifteen percent of the interior of the parking area shall be
landscaped to provide shade and break up the expanse of asphalt.
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E. Buffering. All adjacent uses shall be buffered by a distance of not less than fifteen
feet and contain benns, shrubs, and other plantings. Buffering may be combined with
screens, fences and hedges.
F. Apartments and court apartments shall designate an open space/recreation area that is
a minimum of two hundred (200) square feet in size to be developed into recreation,
play or landscaped areas. The requirement can be met with the construction of a
recreation room ("rec room") or club house of a similarly sized area that can be used
for residents and their guests for recreation/social activities and/or relaxation- also
called a "rec room".
17. One -household dwellings and accessory uses
18. Outfitters and guide services and facilities
19. Parking lots (commercial)
20. Places of worship
All places of worship shall be subject to the regulations established by Utah State Code
Annotated ("UCA"). The Planning Department, in accordance with Chapter 17.67, 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 Sections
17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications
generally). A minimum of fifteen percent 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 forty percent of the parking area
within three 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.
21. Professional offices
22. Public buildings
This use shall be allowed when in compliance with the following standards.
A. The proposed use shall be situated on a tract of land sufficient in size to provide for
the activities of the use as well as required landscaping, off-street parking, and trails;
B. Landscaping, screening, and fencing shall be installed and maintained to mitigate
impacts on surrounding residential uses;
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C. 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;
D. Dust, glare, odor, and noise shall be confined within the boundaries of the property;
E. Outside storage of equipment, materials, and supplies shall be contained and located
within a building or a sight obscuring fence;
F. The use shall demonstrate that there is a benefit to the neighborhood or community;
G. Traffic from the proposed use shall not create a significant negative impact on the
neighborhood.
23. Public parks
24. Retail establishments that are three thousand square feet or less
25. Schools
All schools shall be subject to the regulations established by Utah State Code Annotated.
The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that:
A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded.
B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been
identified and reduced to minimum levels.
26. Secondhand stores
27. Service establishments
28. Two -household dwellings and accessory uses
29. Veterinary Clinic with Indoor Kennel
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 space per one thousand square feet and one
space per each employee. ADA handicapped accessible spaces shall be provided as
required.
D. A buffer area of twenty-five feet shall be used to provide a separation from other uses
and adjacent properties. Buffering shall include the elements of subsection B above.
E. Vehicular ingress and egress traffic patterns shall be designed to not impede existing
traffic flows and provide adequate interior circulation.
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F. Hours of operation for public access shall be from 7:00 a.m. to 7:00 p.m.
30. Wholesale establishments that are less than three thousand square feet (wholesale
establishments with stock on premises but excluding establishments whose principal activity is
that of a storage warehouse)
21
17.24
C-3 Central Commercial Zone
17.24.020 Permitted Uses and Regulations
1. Assembly of appliances from previously prepared parts
2. Auto body and fender shops, auto painting
3. Bars
4. Day care
5. Drive -through windows
6. Dwellings above the ground floor of a nonresidential structure
7. Eating establishments
8. Engraving and printing establishments
9. Funeral establishments
10. Ground floor dwellings for legally constituted housing authorities or legally recognized
affordable housing nonprofit or land trust.
Ground floor dwellings shall be allowed in the C-3 zone when all of the following exist:
A. The owner of the property is a legally constituted housing authority as recognized by
the state of Utah, Grand County, or the City of Moab, or alternatively, the owner of
the property is a legally recognized affordable housing nonprofit or land trust.
B. The dwellings are limited to affordable housing units, which shall be defined as
housing occupied or reserved for occupancy by households with a gross household
income equal to or less than eighty percent of the median gross income of Moab City
or Grand County for households of the same size; and
C. No existing commercial or retail activities shall be displaced.
Ground floor dwellings permitted under the provisions of this chapter shall be exempt
from the designated recreation area requirements of Section 17.09.670.
11. Ground floor employee dwellings.
Dwellings and apartment houses are permitted on the ground floor only when constructed
in conjunction with a commercial use. Such dwellings and apartment houses on the ground floor
must adhere to the following standards:
A. The housing units shall be for employees of the business that operates the premises on
which the employee housing units are built;
22
B. The housing units shall be located on the business property or on a directly adjacent
property;
C. Housing shall meet all residential standards of the International Building Code;
D. The lease term shall be for a period of not less than thirty-one days;
E. In no case shall employee housing be physically located in the front of a building, and
where all ground floor building frontage is used exclusively for business related
purposes and not housing ingress/egress;
F. Employee housing may be allowed at a rate of up to twenty percent of the
commercial structure; and
G. Off-street parking shall be provided at a rate of 0.75 spaces/unit.
i. An exception to the required employee housing parking spaces may be
granted by the planning commission if the applicant can show that more than
sufficient parking exists for the commercial use;
12. Gymnasiums
13. Historic dwelling
Dwellings that have or may have historical significance may apply for historic
designation through the review process contained in Chapter 17.90. The dwelling must satisfy
the review criteria and meet the standards included in that chapter.
14. Hospitals
15. Lodging
16. Parking lots (commercial)
17. Professional offices
18. Public facilities
19. Public parking structures
20. Retail establishments
21. Schools
All schools shall be subject to the regulations established by Utah State Code Annotated.
The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that:
A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded.
B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been
identified and reduced to minimum levels.
23
22. Service establishments
23. Service stations
24. Vehicle sales and rentals
25. Vehicle repair
26. Veterinary Clinic with Indoor Kennel
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 space per one thousand square feet and
one space per each employee. ADA handicapped accessible spaces shall be provided as
required.
D. A buffer area of twenty-five feet shall be used to provide a separation from other
uses and adjacent properties. Buffering shall include the elements of subsection 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 7:00 a.m. to 7:00 p.m.
27. Wholesale establishments with stock on premises but excluding establishments whose
principal activity is that of a storage warehouse
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17.27
C-4 General Commercial Zone
17.27.020 Permitted Uses and Regulations.
I . Asphalt/Concrete Batching Plant, Temporary {not to exceed one calendar year}
A temporary asphalt or concrete batching plant for producing asphalt or concrete
products used in construction activities on the same or nearby sites is permitted subject to the
following standards.
A. The batching plant site shall comply with all applicable provisions of city, state and
federal laws.
B. The batching plant shall not be located within six hundred feet 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 may operate for up to six months, with a single renewal of a six
month time period permitted by the zoning administrator.
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 days of completion of the
project.
I. At termination and/or reranoval of the plant operation, operator shall have the person
responsible walls the site with the building official or his/her designee to verify the
site meets city approval.
J. Compliance with all applicable City regulations regarding noise, dust, odor and glare.
2. Assembly of appliances from previously prepared parts
3. Auction houses
4. Auto body and fender shops, auto painting, welding and sheet metal shops
5. Bars
6. Caretaker dwellings
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7. Day care
8. Dwellings above the ground floor of a nonresidential structure
9. Dwellings in the C-4 Commercial Zone.
All dwellings, other than ground floor employee dwellings, on the ground floor shall be
subject to the following requirements:
A. Minimum wall dimensions of the principal structure, excluding garage, shall be
twenty-four 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 foot overhang (structures
constructed in the traditional southwest Spanish style are exempt from this
requirement);
4. The combined total area of all primary, secondary, and accessory buildings on
a lot may cover not more than seventy-five percent of the lot area.
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
Minimum Setbacks for Residential Structures in the C-4 Zone
C. Multi -household dwellings of seven or more units shall be subject to the following
additional requirements:
1. Access. Vehicular access shall be provided to the property in such a way that
it does not impede traffic patterns on adjacent streets.
2. Parking. Off-street parking shall be designed in such a way as to allow
vehicles to pull forward into the on -street traffic flow.
3. 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 feet or be accessed from the rear or side of the
property.
26
4. Landscaping. All off-street parking shall be landscaped and buffered from
adjacent uses. A minimum of fifteen percent of the interior of the parking
area shall be landscaped to provide shade and break up the expanse of asphalt.
5. Buffering. All adjacent uses shall be buffered by a distance of not less than
fifteen feet and contain berms, shrubs, and other plantings. Buffering may be
combined with screens, fences and hedges.
6. Apartments and court apai talents shall designate an open space/recreation
area that is a minimum of two hundred (200) square feet in size to be
developed into recreation, play or landscaped areas. The requirement can be
met with the construction of a recreation room ("rec room") or club house of a
similarly sized area that can be used for residents and their guests for
recreation/social activities and/or relaxation.
10. Eating establishments
11. Engraving and printing establishments,
12. Farm equipment sales
13. Funeral establishments
14. Ground Floor Employee dwellings
Employee dwellings on the ground floor of a non-residential use must adhere to the
following standards:
A. The housing units shall be for employees of the business that operates the premises on
which the employee housing units are built;
B. The housing units shall be located on the business property or a directly adjacent
property;
C. Housing shall meet all residential standards of the International Building Code;
D. Housing shall house employees for a period of not less than thirty-one days;
E. In no case shall employee housing be located in front of buildings and such units shall
be located in the rear portion of commercial business structures;
F. Employee housing may be allowed at a rate of up to two units per ten thousand square
feet of the floor area of the commercial structure and shall not exceed one thousand
square feet per unit in size; and
G. Off-street parking shall be provided at a rate of 0.75 spaces/unit.
i. An exception to the required employee housing parking spaces may be
granted by the planning commission if the applicant can show that more than
sufficient parking exists for the commercial use;
15. Gymnasiums
27
16. Hardware stores and lumber yards
17. Historic dwelling
Dwellings that have or may have historical significance may apply for historic
designation through the review process contained in Chapter 17.90. The dwelling must satisfy
the review criteria and meet the standards included in that chapter.
18. Hospitals
19. Laboratories, but not including activities which are hazardous by reason of explosion,
fire, chemical, biochemical, or other danger
20. Lodging
21. Manufactured home sales
The following additional items shall be used during review of applications for this use in
an effort to mitigate impacts from the sales of factory built structures: Additional landscaping,
berms, screening, fencing, increased setbacks, hours of operation, storm water management,
compatibility in terns of appearance, architectural scale and features, site design and scope, the
control of adverse impacts from noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare,
traffic minimization or circulation, parking, [Other undesirable or hazardous conditions]
22. Manufacturing, compounding and processing
23. Parking lots (commercial)
24. Places of worship
All places of worship shall be subject to the regulations established by Utah State Code
Annotated (UCA). The Planning Department, in accordance with Chapter 17.67, 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 Sections
17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications
generally). A minimum of fifteen percent 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 forty percent of the parking area
within three years.
D. Possible impacts on adjacent streets, sidewalks, and bike/pedestrian routes have been
identified and reduced to minimum Ievels.
E. Adequate parking for the intended use is provided.
25. Professional offices
28
26. Public facilities
27. Public and private research establishments
28. Recreational Vehicle Park or Campground
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 feet. Landscaping shall be in accordance
with the requirements of Chapter 17.09.360
B. A solid decorative privacy wall or wooden privacy fence shall be constructed and
maintained around the park perimeter.
C. A minimum separation of twenty feet shall be maintained between each RV unit.
D. Adequate sanitation facilities and ADA facilities shall be provided and maintained for
the maximum number of units as per the International Building Code Appendices.
E. A minimum area of ten percent or five hundred/ two hundred 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 a.m. to 10:00 p.m. for the office and other
park facilities.
29. RetaiI establishments
30. Schools
All schools shall be subject to the regulations established by Utah State Code Annotated
(UCA). The Planning Department, in accordance with Chapter 17.67, 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. Possible impacts on adjacent streets, sidewalks, and bike/pedestrian routes have been
identified and reduced to minimum levels.
D. Adequate parking for the intended use is provided.
31. Second Hand stores
32. Self -storage warehouses.
29
A. All new self -storage warehouse facilities or expansions are subject to approval of a
site plan as described in Chapter 17.67, Site Plan Review.
B. AlI drives and parking area surfaces shall consist of a maintained all-weather dust
free surface such as asphalt, concrete, bricks, pavers, cobblestones or some other
porous surface, but gravel is not allowed.
C. Drive lanes must be of a sufficient width to allow vehicles to pass when another is
loading or unloading by a unit.
D. Traffic impacts shall be evaluated and mitigated in accordance with Sections
17.67.040(M) and (N).
E. Self -storage warehouses shall be screened/buffered from adjacent properties by the
use of decorative/solid wooden privacy fencing or decorative block walls.
Fences/walls shall be constructed to a minimum of six feet in height when adjacent to
other commercial zones and no less than eight feet when adjacent to residential zones.
Landscaping shall also be incorporated into the screening effort at the following rate:
1. Landscape designs shall be in harmony with the environmental context of the
development site. Preservation of native, on -site vegetation shall be a primary
objective of site planning for development. Specimen plants shall be given
particular consideration for retention on site.
2. Wherever the undisturbed natural desert landscape cannot be preserved,
landscape design and construction shall promote the use of transplanted, on -
site desert plants, container plants, seeded desert plants and inorganic ground
covers. This standard shall be particularly emphasized on all landscaped areas
abutting public rights -of -way.
1 Trees shall be a minimum of fifteen gallons in size, or of comparable height if
bare -rooted, at planting time. If twenty -four -inch box trees or transplanted
trees of two-inch caliper or larger are planted for all of the required trees, a
reduction of one required tree per one hundred linear feet will be allowed.
i. Trees shall be planted at appropriate intervals so that a continuous
perimeter canopy will be provided at maturity and not be at a rate of
less than four canopy trees and six understory trees per one hundred
feet of buffer length;
ii. Trees and shrubs shall be planted so that at maturity they do not
interfere with service lines, traffic sight lines and the property rights of
adjacent property owners;
iii. Any tree placed in the sight visibility triangle must be of a box size
large enough to be immediately pruned up to a seventy -two-inch height
for clear sight visibility. All other trees shall be placed so that severe
pruning is not required to keep the sight visibility triangle clear.
4. Trees located within sight visibility triangles shall not exceed one foot in their
greatest crosssectional dimension at maturity and shall not be planted in a line
that could result in a solid wall effect when viewed at an angle; and
30
i. Trees planted within ten feet of public sidewalks or curbs shall be
provided with suitable root diverters to minimize heaving of those
improvements.
5. Ground Covers.
i. When inorganic ground covers are used they shall be in combination
with live plants and not exceed two-thirds of the total area of applied
ground covers.
ii. Turf use is prohibited.
Unpaved areas in any plant bed, median or tree understory within a
planter shall be planted with shrubs, accents or vines, or covered with
appropriate organic and inorganic ground covers.
iv. All areas not required for buildings, access drives, parking spaces,
trails, and accessory uses shall be landscaped.
6. Shrubs.
i. Shrubs shall be either deciduous species planted at two and one-half
feet in height with a mature height of at least six feet or a coniferous
species planted at two and one-half feet in spread. Shrubs shall be at
least five gallons in size or at least thirty -inch -tall pots at planting
time;
ii. Shrubs shall be planted at a rate of twenty-four shrubs for each one
hundred feet of buffer length, or a portion thereof.
F. Maintenance and replacement of all vegetation is the responsibility of the owner(s) of
the property.
G. Landscaping shall be provided in accordance with the requirements above.
Landscaped screening shall be provided and maintained along the perimeter of the
property and consist of ten feet in depth.
H. All structures shall be maintained in accordance with the adopted version of the
International Property Maintenance Code.
I. The lot size shall be between a minimum of two acres and a maximum of five acres.
J. The total area covered by buildings shall not exceed fifty percent of the site.
K. The maximum height of the enclosed building or buildings permitted shall not exceed
twenty feet.
L. No outside storage is permitted except for large vehicles and boats that are under a
permanent cover. The permanent cover shall not exceed twenty-four feet in height.
M. 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.
N. No business activity other than the rental of storage units shall be conducted on the
premises.
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O. One dwelling unit is permitted on the same lot for use as a caretaker dwelling.
33. Service establishments
34. Service stations
35. Trucking companies
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 percent of the parking area shall be landscaped with:
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
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.
3. Evergreen and deciduous trees, with no more than fifty percent being
deciduous, a minimum of six feet in height, and planted at intervals no greater
than thirty feet on center.
C. Odor, glare, and noise shall be confined to the property.
D. Adjacent properties shall be buffered by perimeter landscaping a minimum of fifteen
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 cave 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 p.m. to 7:00
a.m.
36. Utility provider structures
Utility Provider Structures and Buildings. New construction of water lines, sewer lines
and electric substations and structures may be constructed 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. Expansions of existing
facilities are also subject to the approval of the planning commission and council, and subject to
the standards below. The planning commission may require standards in accordance with the
following language that are reasonably necessary to protect surrounding property values and
residential amenities.
32
A. These types of facilities include but are not limited to:
1. Electrical 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;
b. Substations;
7. Sewage treatment plants subject to review and approval of the State
Department of Health.
B. Site Standards.
I. Architectural Form 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 consists of
a minimum width of ten feet and includes:
i. Evergreen and deciduous trees, with no more than fifty percent
being deciduous, a minimum of six feet in height, and planted
at intervals no greater than thirty feet on center;
ii. 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.
3. 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:
a. 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.
b. 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
33
covered within three years. This alternative may not be used in a
downtown land use district.
c. A combination of earth -mounding and sluubs to produce a visual
barrier at least three and one-half feet in height.
4. Equipment and vehicle storage yards require fifteen feet of landscaping on all
sides if visible from a public right-of-way.
S. Parking Area Landscaping. Parking areas require landscaping as follows in
addition to any site perimeter landscaping as required.
6. Alternative landscaping may be approved by the planning commission if the
landscaping will provide the desired screening as noted below:
a) The proposed landscaping represents an equal or better result than that
which could be achieved by strictly following the requirements of this
section; and
b) The proposed landscaping either:
i. Incorporates the increased retention of significant trees and
naturally occurring undergrowth;
ii. Better accommodates or improves the existing physical
conditions of the subject property;
iii. Incorporates elements to provide for wind protection or to
maintain solar access;
iv. Incorporates elements to protect or improve water quality; or
v. Incorporates native species in a design that buffers a critical
area from uses on the site, including parking.
37. Vehicle repair
38. Vehicle sales
39. Warehouses
40. Wholesale establishments with stock on premises
41. Wireless telecommunication towers subject to the regulations set forth in Chapter 17.76.
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17.30
C-5 Neighborhood Commercial Zone
17.30.020 Permitted uses and regulations.
1. Arts and crafts shops
2. Convenience enterprises that are less than three thousand square feet
3. Day care
Day care shall be permitted to operate subject to the following standards:
A. City of Moab business license is required.
B. A valid day care license or certificate as issued by the State of Utah is required
C. Applicants for a city business license shall submit a conceptual site plan that
indicates:
1. Ingress and egress to the property;
2. Drop off/pick up areas;
3. Traffic circulation;
4. Off-street parking (single family residence + space for each FTE staff
member);
5. Landscaping;
6. Buffering or separation from dissimilar uses;
7. Open space for older kids.
D. Compliance with all applicable City regulations regarding noise, odor and glare.
4. Eating establishments
5. Fraternal lodges
6. Group homes
A. Such homes must be licensed by the State of Utah.
B. All exterior aspects of a group home, including its scale and off-street parking
configuration, shall conform with the requirements of the C-5 Zone.
C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--
17.09.340 of this code.
7. Gymnasiums
8. Home occupations subject to the requirements set forth in Section 5.08.050
9. Multi -Household Dwellings of Seven or More Units
Developments consisting of seven or more multi -household units shall be subject to the
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following additional requirements:
A. Access. Vehicular access shall be provided to the property in such a way that it does
not impede 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 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 fifteen percent of the interior of the parking area shall be
landscaped 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
feet and contain berms, shrubs, and other plantings. Buffering may be combined with
screens, fences and hedges.
F. Apartments and court apartments shall designate an open space/recreation area that is
a minimum of two hundred (200) square feet in size to be developed into recreation,
play or landscaped areas. The requirement can be met with the construction of a
recreation room ("rec room") or club house of a similarly sized area that can be used
for residents and their guests for recreation/social activities and/or relaxation- also
called a "rec room".
10. One -household dwellings and accessory uses
11. Planned unit developments subject to the requirements set forth in Chapter 17.66, relating
to large-scale developments
12. Professional offices
13. Public buildings
This use shall be allowed when in compliance with the following standards.
A. The proposed use shall be situated on a tract of land sufficient in size to provide for
the activities of the use as well as required landscaping, off-street parking, and trails;
B. Landscaping, screening, and fencing shall be installed and maintained to mitigate
impacts on surrounding residential uses;
C. 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;
D. Dust, glare, odor, and noise shall be confined within the boundaries of the property;
36
E. Outside storage of equipment, materials, and supplies shall be contained and located
within a building or a sight obscuring fence;
F. The use shall demonstrate that there is a benefit to the neighborhood or community;
G. Traffic from the proposed use shall not create a significant negative impact on the
neighborhood.
14. Schools
All schools shall be subject to the regulations established by Utah State Code Annotated.
The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that:
A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded.
B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been
identified and reduced to minimum levels.
15. Small neighborhood retail uses less than one thousand five hundred (1,500) square feet.
16. Two -household dwellings and accessory uses
17. Veterinary Clinic with Indoor Kennel
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 space per one thousand square feet and one
space per each employee. ADA handicapped accessible spaces shall be provided as
required.
D. A buffer area of twenty-five feet shall be used to provide a separation from other uses
and adjacent properties. Buffering shall include the elements of subsection 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 7:00 a.m. to 7:00 p.m.
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17.35
MH/RV-1- Mobile Home 1 Recreational Vehicle Parks Zone
17.35.020 Permitted Uses and Regulations.
1. Accessory buildings and uses
2. Home occupations subject to the requirements set forth in Section 5.08.050
3. Mobile home parks
4. Park or Playground
5. Recreational vehicle parks
The following provisions are intended to manage the development of RV parks within a
mobile home park while minimizing land use conflicts and environmental degradation:
A. Spaces may not be rented for less than thirty (30) days
B. Trees and other landscaping serving as a buffer to other adjacent uses must surround
the area for a minimum distance of fifteen feet. Landscaping shall be in accordance
with the requirements of Chapter 17.09.360
C. A solid decorative privacy wall or wooden privacy fence shall be constructed and
maintained around the park perimeter.
D. A minimum separation of twenty feet shall be maintained between each RV unit.
E. Adequate sanitation facilities and ADA facilities shall be provided and maintained for
the maximum number of units as per the International Building Code Appendices.
F. A minimum area of ten percent or two hundred square feet, whichever is greater,
must be provided as open space for a playground and/or picnic area.
G. Traffic patterns within the park and ingress and egress from adjacent streets shall be
designed to minimize congestion at all intersections.
H. Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. for the office and other
park facilities or be established by resolution of the planning commission.
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17.36
I-1 Industrial Zone
17.36.010 Permitted uses and Regulations.
The following buildings, structures and uses of land shall be permitted in the I-1
industrial zone upon compliance with requirements as set forth in this title:
1. Agriculture
2. Arts and crafts shops
3. Asphalt and concrete mixing plants
Asphalt or concrete batching plant for producing asphalt or concrete products used in
construction activities on the same or nearby sites is permitted subject to the following standards.
A. The batching plant site shall comply with all applicable provisions of city, state and
federal laws.
B. The batching plant shall not be located within six hundred feet 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 may operate for up to six months, with a single renewal of a six
month time period permitted by the zoning administrator.
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 days of completion of the
project.
I. At termination and/or removal of the plant operation, operator shall have the person
responsible walk the site with the building official or his/her designee to verify the
site meets city approval.
4. Automobile wrecking and salvage yards, when surrounded by a well -maintained sight -
obscuring fence constructed to a height of at least eight feet so that the material stored in the
enclosure cannot be observed from any street adjacent to the yard.
5. Caretaker dwelling consisting of a maximum footprint of eight hundred square feet when
associated with a nonresidential use.
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6. Coal yards
7. Earthmoving equipment and equipment storage
8. Eating establishments
9. Farm machinery storage sheds
10. Gas and oil storage facilities
11. Gymnasiums
12. Livestock raising
13. Manufacturing, compounding, processing, packaging, fabrication and warehousing of
goods and materials. Does not include processing of animal by-products, livestock feed yards,
steel manufacturing, oil refineries, wallboard manufacturing and similar establishments which
emit offensive fumes, smoke, noise, odor, etc.
14. Mines including gas and oil wells, gravel pits, sand pits, clay pits, rock quarries, rock
crushers and associated buildings and accessory structures.
15. Processing and packaging plants for fruits and vegetables
16. Professional offices
All professional offices in the industrial zone shall have a perimeter buffer area of fifteen
feet in depth that shall be:
A. Screened/buffered from adjacent properties by the use of decorative/solid wooden
privacy fencing or decorative block walls. Fences/walls shall be constructed to a
minimum of six feet in height when adjacent to other industrial uses and no less than
eight feet when adjacent to residential zones.
B. Landscaping shall be incorporated into the screening effort at the following rate:
1. Landscape designs shall be in harmony with the environmental context of the
site. Preservation of native, on -site vegetation shall be a primary objective of
site planning for development. Specimen plants shall be given particular
consideration for retention on site;
2. Wherever the undisturbed natural desert landscape cannot be preserved,
landscape design and construction shall promote the use of transplanted, on -
site desert plants, container plants, seeded desert plants and inorganic ground
covers. This standard shall be particularly emphasized on all landscaped areas
abutting public rights -of -way;
3. Trees shall be a minimum of fifteen gallons in size, or of comparable height if
bare -rooted, at planting time. If twenty -four -inch box trees or transplanted
trees of two-inch caliper or larger are planted for all of the required trees, a
reduction of one required tree per one hundred linear feet will be allowed;
40
4. Trees shall be planted at appropriate intervals so that a continuous perimeter
canopy will be provided at maturity and not be at a rate of less than four
canopy trees and six understory trees per one hundred feet of buffer length;
5. Shrubs shall be at least five gallons in size or at least thirty -inch -tall pots at
planting time. Shrubs shall be either deciduous species planted at two and
one-half feet in height with a mature height of at least six feet or a coniferous
species planted at two and one-half feet in spread. Shrubs shall be planted at a
rate of twenty-four shrubs for each one hundred feet of buffer length, or
portion thereof;
6. Trees and shrubs shall be planted so that at maturity they do not interfere with
service lines, traffic sight lines and the property rights of adjacent property
owners;
7. Any tree placed in the sight visibility triangle must be of a box size large
enough to be immediately pruned up to a seventy -two-inch height for clear
sight visibility. All other trees shall be placed so that severe pruning is not
required to keep the sight visibility triangle clear;
8. Trees located within sight visibility triangles shall not exceed one foot in their
greatest crosssectional dimension at maturity and shall not be planted in a line
that could result in a solid wall effect when viewed at an angle;
9. Trees planted within ten feet of public sidewalks or curbs shall be provided
with suitable root diverters to minimize heaving of those improvements; and
10. Ground Cover.
i. When inorganic ground covers are used they shall be in combination
with live plants and not exceed two-thirds of the total area of applied
ground covers.
ii. The use of turf is prohibited.
Unpaved areas in any plant bed, median or tree understory within a
planter shall be planted with shrubs, accents or vines, or covered with
appropriate organic and inorganic ground covers.
iv. All areas not required for buildings, access drives, parking spaces,
trails, and accessory uses shall be landscaped.
C. Maintenance and replacement of all vegetation is the responsibility of the owner(s) of
the property. Dead or dying plants and trees shall be replaced immediately.
D. All structures shall be constructed and maintained in accordance with the adopted
versions of the International Building Code.
E. The total area covered by buildings shall not exceed fifty percent of the site
17. Public buildings
This use shall be allowed when in compliance with the following standards.
A. The proposed use shall be situated on a tract of land sufficient in size to provide for
the activities of the use as well as required landscaping, off-street parking, and trails;
41
B. Landscaping, screening, and fencing shall be installed and maintained to mitigate
impacts on surrounding residential uses;
C. 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;
D. Dust, glare, odor, and noise shall be confined within the boundaries of the property;
E. Outside storage of equipment, materials, and supplies shall be contained and located
within a building or a sight obscuring fence;
F. The use shall demonstrate that there is a benefit to the neighborhood or community;
G. Traffic from the proposed use shall not create a significant negative impact on the
neighborhood.
18. Retail commercial uses
19. Scenic railroads and railroad maintenance yards.
20. Self -storage warehouses.
A. All new self -storage warehouse facilities or expansions are subject to approval of a
site plan as described in Chapter 17.67, Site Plan Review.
B. All drives and parking area surfaces shall consist of a maintained all-weather dust
free surface such as asphalt, concrete, bricks, pavers, cobblestones or some other
porous surface, but gravel is not allowed.
C. Drive lanes must be of a sufficient width to allow vehicles to pass when another is
loading or unloading by a unit.
D. Traffic impacts shall be evaluated and mitigated in accordance with Sections
17.67.040(M) and (N).
E. Self -storage warehouses shall be screened/buffered from adjacent properties by the
use of decorative/solid wooden privacy fencing or decorative block walls.
Fences/walls shall be constructed to a minimum of six feet in height when adjacent to
other commercial zones and no less than eight feet when adjacent to residential zones.
Landscaping shall also be incorporated into the screening effort at the following rate:
i. Landscape designs shall be in harmony with the environmental context of the
development site. Preservation of native, on -site vegetation shall be a primary
objective of site planning for development. Specimen plants shall be given
particular consideration for retention on site.
ii. Wherever the undisturbed natural desert landscape cannot be preserved,
landscape design and construction shall promote the use of transplanted, on -
site desert plants, container plants, seeded desert plants and inorganic ground
42
covers. This standard shall be particularly emphasized on all landscaped areas
abutting public rights -of -way.
Trees shall be a minimum of fifteen gallons in size, or of comparable height if
bare -rooted, at planting time. If twenty -four -inch box trees or transplanted
trees of two-inch caliper or larger are planted for all of the required trees, a
reduction of one required tree per one hundred linear feet will be allowed.
a. Trees shall be planted at appropriate intervals so that a continuous
perimeter canopy will be provided at maturity and not be at a rate of
less than four canopy trees and six understory trees per one hundred
feet of buffer length;
b. Trees and shrubs shall be planted so that at maturity they do not
interfere with service lines, traffic sight lines and the property rights of
adjacent property owners;
c. Any tree placed in the sight visibility triangle must be of a box size
large enough to be immediately pruned up to a seventy -two-inch
height for clear sight visibility. All other trees shall be placed so that
severe pruning is not required to keep the sight visibility triangle clear.
iv. Trees located within sight visibility triangles shall not exceed one foot in their
greatest crosssectional dimension at maturity and shall not be planted in a line
that could result in a solid wall effect when viewed at an angle; and
a. Trees planted within ten feet of public sidewalks or curbs shall be
provided with suitable root diverters to minimize heaving of those
improvements.
v. Ground Covers.
a. When inorganic ground covers are used they shall be in combination
with live plants and not exceed two-thirds of the total area of applied
ground covers.
b. Turf use is prohibited.
c. Unpaved areas in any plant bed, median or tree understory within a
planter shall be planted with shrubs, accents or vines, or covered with
appropriate organic and inorganic ground covers.
d. All areas not required for buildings, access drives, parlcing spaces,
trails, and accessory uses shall be landscaped.
vi. Shrubs.
a. Shrubs shall be either deciduous species planted at two and one-half
feet in height with a mature height of at least six feet or a coniferous
species planted at two and one-half feet in spread. Shrubs shall be at
least five gallons in size or at least thirty -inch -tall pots at planting
time;
b. Shrubs shall be planted at a rate of twenty-four shrubs for each one
hundred feet of buffer length, or a portion thereof.
F. Maintenance and replacement of all vegetation is the responsibility of the owner(s) of
the property.
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G. Landscaping shall be provided in accordance with the requirements above.
Landscaped screening shall be provided and maintained along the perimeter of the
property and consist of ten feet in depth.
H. All structures shall be maintained in accordance with the adopted version of the
International Property Maintenance Code.
I. The lot size shall be between a minimum of two acres and a maximum of five acres.
J. The total area covered by buildings shall not exceed fifty percent of the site.
K. The maximum height of the enclosed building or buildings permitted shall not exceed
twenty feet.
L. No outside storage is permitted except for large vehicles and boats that are under a
permanent cover. The permanent cover shall not exceed twenty-four feet in height.
M. 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.
N. No business activity other than the rental of storage units shall be conducted on the
premises.
O. One dwelling unit is permitted on the same lot for use as a caretaker dwelling.
21. Tire recapping establishments
22. Utility provider structures
New construction of water lines, sewer lines and electric substations and structures may
be constructed 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. Expansions of existing facilities are also subject to the approval of the
planning commission and council, and subject to the standards below. The planning commission
may require standards 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:
i. Electrical utility facility, provided transmission lines are excluded from the
requirements of this section if visibility is essential to safety, security, or
maintenance access;
ii. Solid waste disposal facility;
iii. Water pumping plants and pipelines;
iv. Public utility buildings and structures (except power plants);
v. Flood control structures;
vi. Substations;
vii. Sewage treatment plants subject to review and approval of the State
Department of Health.
44
B. Site Standards.
i. Architectural Form 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.
ii. 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 consists of
a minimum width of ten feet and includes:
i. Evergreen and deciduous trees, with no more than fifty percent
being deciduous, a minimum of six feet in height, and planted
at intervals no greater than thirty feet on center;
ii. 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.
iii. 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:
a. 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.
b. 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.
c. A combination of earth -mounding and shrubs to produce a visual
barrier at least three and one-half feet in height.
iv. Equipment and vehicle storage yards require fifteen feet of landscaping on all
sides if visible from a public right-of-way.
v. Parking Area Landscaping. Parking areas require landscaping as follows in
addition to any site perimeter landscaping as required.
vi. Alternative landscaping may be approved by the planning commission if the
landscaping will provide the desired screening as noted below:
45
a. The proposed landscaping represents an equal or better result than that
which could be achieved by strictly following the requirements of this
section; and
b. The proposed landscaping either:
i. Incorporates the increased retention of significant trees and
naturally occurring undergrowth;
ii. Better accommodates or improves the existing physical
conditions of the subject property;
iii. Incorporates elements to provide for wind protection or to
maintain solar access;
iv. Incorporates elements to protect or improve water quality; or
v. Incorporates native species in a design that buffers a critical
area from uses on the site, including parking.
23. Wireless telecommunication towers subject to the regulations set forth in Chapter 17.76.
46
17.42
R-1 One -Household Residential Zone
17.42.020 Permitted Uses and Regulations.
I. Accessory dwelling units ("ADUs") as per Chapter 17.69
2. Agriculture
3. Day care
Day care shall be permitted to operate subject to the following standards:
A. City of Moab business license is required.
B. A valid day care license or certificate as issued by the State of Utah is required
C. Applicants for a city business license shall submit a conceptual site plan that
indicates:
1. Ingress and egress to the property;
2. Drop off/pick up areas;
3. Traffic circulation;
4. Off-street parking (single family residence + space for each FTE staff
member);
5. Landscaping;
6. Buffering or separation from dissimilar uses;
7. Open space for older kids.
D. Compliance with all applicable City regulations regarding noise, odor and glare.
4. Group home
A. Such homes must be licensed by the State of Utah.
B. All exterior aspects of a group home, including its scale and off-street parking
configuration, shall conform with the requirements of the R-I Zone.
C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--
17.09.340 of this code.
D. Such homes may provide living arrangements for not more than eight residents per
home (excluding supervisory personnel).
5. Home occupations subject to the requirements set forth in Section 5.08.050
6. One -household dwellings and accessory uses
7. Places of worship
All places of worship shall be subject to the regulations established by Utah State Code
47
Annotated ("UCA"). The Planning Department, in accordance with Chapter 17.67, 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 Sections
17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications
generally). A minimum of fifteen percent 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 forty percent of the parking area
within three 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.
8. Planned unit developments subject to the requirements set forth in Chapter 17.66
9. Public facilities
This type of use shall be allowed in compliance with the following standards.
A. The proposed use shall be situated on a tract of land sufficient in size to provide for
the activities of the use as well as required landscaping, off-street parking, and trails;
B. Landscaping, screening, and fencing shall be installed and maintained to mitigate
impacts on surrounding residential uses;
C. 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;
D. Compliance with all applicable City regulations regarding noise, odor and glare.;
E. Outside storage of equipment, materials, and supplies shall be contained and located
within a building or a sight obscuring fence;
F. The use shall demonstrate that there is a benefit to the neighborhood or community;
G. The proposed use shall not generate traffic in excess of the level of traffic associated
with the number of residential dwellings that could be perrnitted on the parcel.
10. Public Iibraries
11. Public parks and public recreation buildings
12. Schools
All schools shall be subject to the regulations established by Utah State Code Annotated.
48
The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that:
A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded.
B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been
identified and reduced to minimum levels.
17.42.060 Special requirements.
The following special provisions shall apply in this zone in order to protect its essential
characteristics and to promote the purpose of this title:
A. The ground floor area of the primary dwelling shall be at least one thousand two hundred
square feet.
B. The maximum density in a planned unit development shall not exceed five dwellings per
acre of land contained within the development.
49
17.45
R-2 One -Household and Two -Household Residential Zone
17.45.020 Permitted Uses and Regulations.
1. Accessory dwelling units as per Chapter 17.69
2. Agriculture
3. Day care
Day care shall be permitted to operate subject to the following standards:
A. City of Moab business license is required.
B. A valid day care license or certificate as issued by the State of Utah is required
C. Applicants for a city business license shall submit a conceptual site plan that
indicates:
1. Ingress and egress to the property;
2. Drop off/pick up areas;
3. Traffic circulation;
4. Off-street parking (single family residence + space for each FTE staff
member);
5. Landscaping;
6. Buffering or separation from dissimilar uses;
7. Open space for older kids.
D. Compliance with all applicable City regulations regarding noise, odor and glare.
4. Foster care homes
5. Group home
A. Such homes must be licensed by the State of Utah.
B. All exterior aspects of a group home, including its scale and off-street parking
configuration, shall conform with the requirements of the R-2 Zone.
C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--
17.09.340 of this code.
D. Such homes may provide living arrangements for not more than twelve residents per
home (excluding supervisory personnel).
6. Home occupations subject to the requirements set forth in Section 5.08.050
7. One -household dwellings and accessory uses
8. Places of worship
50
All places of worship shall be subject to the regulations established by Utah State Code
Annotated ("UCA"). The Planning Department, in accordance with Chapter 17.67, 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 Sections
17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications
generally). A minimum of fifteen percent 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 forty percent of the parking area
within three 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.
9. Planned unit developments subject to the requirements set forth in Chapter 17.66.10.
10. Public facilities
This type of use shall be allowed in compliance with the following standards.
A. The proposed use shall be situated on a tract of land sufficient in size to provide for
the activities of the use as well as required landscaping, off-street parking, and trails;
B. Landscaping, screening, and fencing shall be installed and maintained to mitigate
impacts on surrounding residential uses;
C. 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;
Compliance with all applicable City regulations regarding noise, odor and glare.;
Outside storage of equipment, materials, and supplies shall be contained and located
within a building or a sight obscuring fence;
F. The use shall demonstrate that there is a benefit to the neighborhood or community;
G. The proposed use shall not generate traffic in excess of the level of traffic associated
with the number of residential dwellings that could be permitted on the parcel.
11. Public libraries
D.
E.
12. Public parks and public recreation buildings
13. Schools
51
All schools shall be subject to the regulations established by Utah State Code Annotated.
The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that:
A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded.
B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been
identified and reduced to minimum levels.
14. Two -household dwellings and accessory uses
17.45.060 Special requirements.
The following special provisions shall apply in this zone in order to protect its essential
characteristics and to promote the purpose of this title:
A. The ground floor area of the primary dwellings shall be at least five hundred square feet.
B. The maximum permitted density of planned unit developments shall be eight dwelling
units per acre of land contained within the development.
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17.48
R-3 Multi -Household Residential Zone
17.48.020 Permitted Uses and Regulations.
1. Accessory dwelling units as per Chapter 17.69
2. Agriculture
3. Day care
Day care shall be permitted to operate subject to the following standards:
A. City of Moab business license is required.
B. A valid day care license or certificate as issued by the State of Utah is required
C. Applicants for a city business license shall submit a conceptual site plan that
indicates:
1. Ingress and egress to the property;
2. Drop off/pick up areas;
3. Traffic circulation;
4. Off-street parking (single family residence + space for each FTE staff
member);
5. Landscaping;
6. Buffering or separation from dissimilar uses;
7. Open space for older kids.
D. Compliance with all applicable City regulations regarding noise, odor and glare.
4. Foster care homes
5. Group homes
A. Such homes must be licensed by the State of Utah.
B. All exterior aspects of a group home, including its scale and off-street parking
configuration, shall conform with the requirements of the R-3 Zone.
C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--
17.09.340 of this code.
D. Such homes may provide living arrangements for not more than sixteen residents per
home (excluding supervisory personnel).
6. Home occupations subject to the requirements set forth in Section 5.08.050
7. Multi -household dwellings
Developments consisting of seven or more multi -household units shall be subject to the
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following additional requirements:
A. Access. Vehicular access shall be provided to the property in such a way that it does
not impede 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 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 fifteen percent of the interior of the parking area shall be
landscaped 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
feet and contain berms, shrubs, and other plantings. Buffering may be combined with
screens, fences and hedges.
F. Apartments and court apartments shall designate an open space/recreation area that is
a minimum of two hundred (200) square feet in size to be developed into recreation,
play or landscaped areas. The requirement can be met with the construction of a
recreation room ("rec room") or club house of a similarly sized area that can be used
for residents and their guests for recreation/social activities and/or relaxation- also
called a "rec room".
G. The allowed number of multi -household units shall be determined by Section
17.48.030.
8. One -household dwellings and accessory uses
9. Places of worship
All places of worship shall be subject to the regulations established by Utah State Code
Annotated ("UCA"). The Plarming Department, in accordance with Chapter 17.67, 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 Sections
17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications
generally). A minimum of fifteen percent 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 forty percent of the parking area
within three years.
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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.
10. Planned unit developments subject to the requirements set forth in Chapter 17.66
11. Public facilities
This type of use shall be allowed in compliance with the following standards.
A. The proposed use shall be situated on a tract of land sufficient in size to provide for
the activities of the use as well as required landscaping, off-street parking, and trails;
B. Landscaping, screening, and fencing shall be installed and maintained to mitigate
impacts on surrounding residential uses;
C. 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;
D. Compliance with all applicable City regulations regarding noise, odor and glare.;
E. Outside storage of equipment, materials, and supplies shall be contained and located
within a building or a sight obscuring fence;
P. The use shall demonstrate that there is a benefit to the neighborhood or community;
G. The proposed use shall not generate traffic in excess of the level of traffic associated
with the number of residential dwellings that could be permitted on the parcel.
12. Public libraries
13. Public parks and public recreation buildings
14. Schools
All schools shall be subject to the regulations established by Utah State Code Annotated.
The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that:
A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded.
B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been
identified and reduced to minimum levels.
15. Two -household dwellings and accessory uses
17.48.060 Special provisions.
The following special provisions shall apply in this zone in order to protect its essential
55
characteristics and to promote the purpose of this title:
A. The ground floor area of the primary dwelling shall be at least five hundred square feet.
B. The maximum permitted density of planned unit developments shall be ten units per acre
of Land contained within the development.
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17.51
R-4 High Density Multi -Household Residential Zone
17.51.020 Permitted Uses and Regulations.
1. Accessory dwelling units as per Chapter 17.69
2. Agriculture
3. Boys and girls schools and correctional institutions
4. Day care
Day care shall be permitted to operate subject to the following standards:
A. City of Moab business license is required.
B. A valid day care license or certificate as issued by the State of Utah is required
C. Applicants for a city business license shall submit a conceptual site plan that
indicates:
1. Ingress and egress to the property;
2. Drop off/pick up areas;
3. Traffic circulation;
4. Off-street parking (single family residence + space for each FTE staff
tnember);
5. Landscaping;
6. Buffering or separation from dissimilar uses;
7. Open space for older kids.
D. Compliance with all applicable City regulations regarding noise, odor and glare.
5. Group homes
A. Such homes must be licensed by the State of Utah.
B. All exterior aspects of a group home, including its scale and off-street parking
configuration, shall conform with the requirements of the R-4 Zone.
C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--
17.09.340 of this code.
D. Such homes may provide living arrangements for not more than sixteen residents per
home (excluding supervisory personnel).
6. Home occupations subject to the requirements set forth in Section 5.08.050
7. Mobile home parks and mobile home subdivisions subject to the regulations as set forth
in Title 15 of this code
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8. Multi -household dwellings
Developments consisting of seven or more multi -household units shall be subject to the
following additional requirements:
A. Access. Vehicular access shall be provided to the property in such a way that it does
not impede 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 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 fifteen percent of the interior of the parking area shall be
landscaped 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
feet and contain berms, shrubs, and other plantings. Buffering may be combined with
screens, fences and hedges.
F. Apartments and court apartments shall designate an open space/recreation area that is
a minimum of two hundred (200) square feet in size to be developed into recreation,
play or landscaped areas. The requirement can be met with the construction of a
recreation room ("rec room") or club house of a similarly sized area that can be used
for residents and their guests for recreation/social activities and/or relaxation- also
called a "rec room".
G. The allowed number of multi -household units shall be determined by Section
17.51.030.
9. One -household dwellings and accessory uses
10. Places of worship
All places of worship shall be subject to the regulations established by Utah State Code
Annotated ("UCA"). The Planning Department, in accordance with Chapter 17.67, 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 Sections
17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications
generally). A minimum of fifteen percent of the interior of the parking areas must be
landscaped. Trees shall be utilized to provide shade for vehicles and must be of a
58
sufficient size and placement to provide shade to forty percent of the parking area
within three 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.
11. Planned unit developments subject to the requirements set forth in Chapter 17.66.
12. Public facilities
This type of use shall be allowed in compliance with the following standards.
A. The proposed use shall be situated on a tract of land sufficient in size to provide for
the activities of the use as well as required landscaping, off-street parking, and trails;
B. Landscaping, screening, and fencing shall be installed and maintained to mitigate
impacts on surrounding residential uses;
C. 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;
D. Compliance with all applicable City regulations regarding noise, odor and glare.;
E. Outside storage of equipment, materials, and supplies shall be contained and located
within a building or a sight obscuring fence;
F. The use shall demonstrate that there is a benefit to the neighborhood or community;
G. The proposed use shall not generate traffic in excess of the level of traffic associated
with the number of residential dwellings that could be permitted on the parcel.
13. Public libraries
14. Public parks and public recreation buildings
15. Schools
All schools shall be subject to the regulations established by Utah State Code Annotated.
The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that:
A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded.
B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been
identified and reduced to minimum levels.
16. Two -household dwellings and accessory uses
59
17.51.060 Special provisions,
The special provisions shall apply in this zone in order to protect its essential
characteristics and to promote the purpose of this title:
A. The ground floor area of the primary dwelling shall be at least five hundred square feet.
S. The maximum pennitted density of planned unit developments shall be eight dwelling
units per acre, up to a maximum of ten units per acre utilizing affordable housing density
bonuses.
C. The minimum building site for a mobile home park and mobile home subdivision shall be
not less than ten acres.
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17.54
RA-1 Residential -- Agricultural Zone
17.54.020 Permitted Uses and Regulations.
1. Accessory dwelling units as per Chapter 17.69
2. Agriculture
3. Agriculture buildings
4. Cemeteries, public and private
No cemetery, or any extension of an already existing cemetery, shall hereafter be
established in the city without a site plan permit process, as outlined in Chapter 17.67.
A. Application 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:
1. The name(s) and address(es) of the owner(s) of the land;
2. The area(s) of the property that will be used for burial purposes;
3. The area(s) of the property that will be used for screening purposes;
4. An appropriate fee as adopted by resolution of the city council;
5. Detailed site plans drawn to scale by a licensed professional Utah registered
land surveyor or professional engineer as per Chapter 17.67
6. A written legal description of the cemetery;
7. A narrative describing the:
i. Age and condition,
ii. Historical significance if applicable,
iii. Whether the cemetery is religious, family, organizational, or publicly
owned,
iv. Any prehistoric or historic archaeological discoveries on the property,
and
v. A written description of names and vital dates of those interred.
B. Expansion/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.
C. Standards of Approval to be Specified. A resolution shall be prepared establishing
specific standards of compliance to create/extend a cemetery. These shall be based
on:
1. The need for the proposed cemetery or extension;
2. The desirability of the location;
3. Specific areas to be used for burial purposes and screening;
4. Type and extent of landscaping;
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5. Amount of guarantee bond for improvements;
6. Light, glare, dust, noise;
7. Traffic impacts;
S. Parking.
5. Day care
Day care shall be permitted to operate subject to the following standards:
A. City of Moab business license is required.
B. A valid day care license or certificate as issued by the State of Utah is required
C. Applicants for a city business license shall submit a conceptual site plan that
indicates:
1. Ingress and egress to the property;
2. Drop off/pick up areas;
3. Traffic circulation;
4. Off-street parking (single family residence + space for each FTE staff
member);
5. Landscaping;
6. Buffering or separation from dissimilar uses;
7. Open space for older kids.
D. Compliance with all applicable City regulations regarding noise, odor and glare.
6. Golf courses
Golf courses must contain a minimum of ten acres. Applications for golf courses must
follow the site plan requirements of Chapter 17.67 and must address the following standards:
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.
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 Section 17.67, site
plan required, and contain the following supplemental information:
1. Address stream, wetland, and habitat protection;
2. Contain an environmental constraints analysis that includes the existing
environmental conditions on the site and a report with plans that provide:
i. Field located streams, ponds or other water bodies, name of watershed
and sub -watershed and stream use class designation,
ii. Field located wetlands including documentation of vegetation, soils,
and hydrology,
iii. Wetlands classifications (Cowardin; National Vegetation
Classification Standard for wetlands),
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iv. Calculated one hundred -year floodplain,
v. Topography with slopes differentiated as 1--25%, 26--39%, 40--45%,
and 46%+,
vi. Existing land cover (e.g., forest, meadow, old field, etc.).
vii. Location of significant plant and/or animal habitat including:
documentation 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.
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 department 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 inrigation 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.
7. Group homes
A. Such homes must be licensed by the State of Utah.
B. All exterior aspects of a group home, including its scale and off-street parking
configuration, shall conform with the requirements of the RA-1 Zone.
C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--
17.09.340 of this code.
D. Such homes may provide living arrangements for not more than eight residents per
home (excluding supervisory personnel).
8. Home occupations subject to the standards set forth in 5.08.050
9. One -household dwellings and accessory uses
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10. Places of worship
All places of worship shall be subject to the regulations established by Utah State Code
Annotated CUCA"). The Planning Department, in accordance with Chapter 17.67, 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 Sections
17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications
generally). A minimum of fifteen percent 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 forty percent of the parking area
within three 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.
11. Planned unit developments which are connected to a public sewer, subject to the
requirements set forth in Chapter 17.66
12. 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 7:00 a.m. to 7:00 p.m.
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 square feet.
E. Outside storage of products for sale is limited to hours of operation
13. Public facilities
This type of use shall be allowed in compliance with the following standards.
A. The proposed use shall be situated on a tract of land sufficient in size to provide for
the activities of the use as well as required landscaping, off-street parking, and trails;
64
B. Landscaping, screening, and fencing shall be installed and maintained to mitigate
impacts on surrounding residential uses;
C. 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;
D. Compliance with all applicable City regulations regarding noise, odor and glare;
E. Outside storage of equipment, materials, and supplies shall be contained and located
within a building or a sight obscuring fence;
F. The use shall demonstrate that there is a benefit to the neighborhood or community;
G. The proposed use shall not generate traffic in excess of the level of traffic associated
with the number of residential dwellings that could be permitted on the parcel.
14. Public parks
15. Raising, care and keeping of animals and fowl for household use and consumption
16. Schools
All schools shall be subject to the regulations established by Utah State Code Annotated.
The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that:
A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded.
B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been
identified and reduced to minimum levels.
17. Utility provider structures
New construction of water lines, sewer lines and electric substations and structures may
be constructed 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. Expansions of existing facilities are also subject to the approval of the
planning commission and council, and subject to the standards below. The planning commission
may require standards 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:
1. Electrical 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;
65
7. Sewage treatment plants subject to review and approval of the State
Department of Health.
B. Site Standards.
i. Architectural Form 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.
ii. 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 pemiitted in
the city.
a. The planning department and community development director shall
review the proposed Iandscape plan with each application and make a
recommendation to the planning commission.
b. The applicant shall provide site perimeter landscaping that consists of
a minimum width of ten feet and includes:
i. Evergreen and deciduous trees, with no more than fifty percent
being deciduous, a minimum of six feet in height, and planted
at intervals no greater than thirty feet on center;
ii. 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.
iii. 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:
a. 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.
b. 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.
c. A combination of earth -mounding and shrubs to produce a visual
barrier at least three and one-half feet in height.
iv. Equipment and vehicle storage yards require fifteen feet of landscaping on all
sides if visible from a public right-of-way.
v. Parking Area Landscaping. Parking areas require landscaping as follows in
addition to any site perimeter landscaping as required.
vi. Alternative landscaping may be approved by the planning commission if the
landscaping will provide the desired screening as noted below:
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a. The proposed landscaping represents an equal or better result than that
which could be achieved by strictly following the requirements of this
section; and
b. The proposed landscaping either:
i. Incorporates the increased retention of significant trees and
naturally occurring undergrowth;
ii. Better accommodates or improves the existing physical
conditions of the subject property;
iii. Incorporates elements to provide for wind protection or to
maintain solar access;
iv. Incorporates elements to protect or improve water quality; or
v. Incorporates native species in a design that buffers a critical
area from uses on the site, including parking.
18. Veterinary clinic with kennel
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 space per one thousand square feet and one
space per each employee. ADA handicapped accessible spaces shall be provided as
required.
D. A buffer area of twenty-five feet shall be used to provide a separation from other uses
and adjacent properties. Buffering shall include the elements of subsection 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 7:00 a.m. to 7:00 p.m.
G. Landscaping shall consist of berms, solid wooden privacy fence, decorative block
wall or combination thereof and be in accordance with the requirements of Sections
17.09.360 (landscaping --required) and 17.09.370 (landscaping --specifications). A
minimum of fifteen percent 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 forty percent of the parking area within three
years.
17.54.050 Location requirements.
1. Front Setback. All buildings and structures shall be set back at least twenty-five feet
from the front lot line or fifty-five feet from the centerline of any public street, whichever is
greater.
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2. Side Setback. All dwellings shall be set back from the side property line a distance of at
least ten feet and the total distance of the two side setbacks shall be at least twenty-four feet. On
corner lots, the side setback from any street shall not be less than twenty-five feet for main
buildings.
3. Rear Setback. For interior lots, all dwellings and other main buildings shall be set back
from the rear property line a distance of at least twenty-five feet. For corner lots, all dwellings
and other main buildings shall be set back from the rear property line a distance of at least twenty
feet.
4. The minimum side setback for accessory buildings on interior and corner lots is listed in
Section 17.09.560, accessory use or structure.
5. Livestock and fowl setback. Uses for the care and keeping of livestock and fowl shall be
located at least one hundred feet distance from any existing dwelling and one hundred feet from
the front property lines.
17.54.070 Special provisions.
The maximum density in a planned unit development shall not exceed five units per acre
contained in the development.
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17.31
RC Resort Commercial Zone
17.31.020 Permitted Uses and Regulations.
A. Permitted Uses. The following uses shall be permitted -by -right:
1. Accessory buildings and uses;
2. Bars;
3. Caretaker or guard residence, accessory;
4. Custom personal services;
5. Eating establishments;
6. Gasoline service station, subject to the supplementary regulations of Section
17.31.050(B);
7. General retail (indoors);
8. Lodging;
9. Multi -household dwellings;
10. Municipal facilities and services;
11. Office, business or professional;
12. One -household dwelling and accessory uses;
13. Outdoor recreational uses, commercial;
14. Outfitters and guide services and facilities;
15. Recreational vehicle/travel trailer park, subject to the supplementary regulations of
Section 17.31.050(C).
16. Two -household dwelling and accessory uses
B. Large -Scale Retail Prohibited--Large-Scale Commercial Uses Allowed. As defined in
Chapter 17.80, large-scale retail development comprising a retail use in a single building in
excess of thirty thousand square feet is not permitted in the Resort Commercial (RC) zoning
district. Other uses permitted in this chapter which would constitute large-scale commercial
development, e.g., lodging related uses in excess of thirty thousand square feet, are permitted in
the RC zoning district, subject to the criteria in Chapter 17.80. All other uses permitted in the
RC district shall be subject to the remaining criteria of this chapter.
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AND,
The following language shall be inserted in every subsection titled "Permitted Uses and
Regulations":
A. Permitted Uses. The following uses shall be permitted -by -right. If a use is not listed it
is prohibited.
AND,
The name of the use, "Secondary Dwelling Unit (SDU)" in Chapter 17.69, shall be changed to
read "Accessory Dwelling Unit (ADU)", and all references to "Secondary Dwelling Unit" or
"SDU" in the section or Code shall be changed to read accordingly.
AND,
Section 17.06.020, Definitions, shall be amended by adding the following definitions:
"Accessory Dwelling Unit" (ADU, granny -flat, mother -in -law -apartment) means a habitable
living unit added to, created within, or detached from a primary one -unit single -household
dwelling, and includes separate cooking, sleeping, and bathroom facilities. An ADU does not
constitute a two -household dwelling (duplex). Only one ADU is permitted in addition to the
main dwelling on one platted lot of record. ADU's shall not be used for nightly, or weekly
rentals, and shall not be occupied for periods of less than 31 consecutive days. ADU's shall be a
permanent structure and travel trailers, boats, or RVs shall not be used.
"Agriculture buildings" means a structure on agricultural land designed, constructed, and used to
house farm implements, livestock, or agricultural produce or products used by the owner for
growing and harvesting crops and raising livestock and small animals. Examples include barns,
greenhouses, storage buildings for farm equipment, animal supplies or feed, "cold" storage
buildings for crops grown and raised on site, and horticultural nursery.
"Buffering" means a landscaped screen, solid fencing, berms, swales, or other feature that
individually or in combination, reduces the impact of a land use on adjacent areas, which are of a
significantly different character, density, or intensity. A buffer consists of a horizontal distance
from a lot line, which may only be occupied by screening, underground utilities, retention areas,
and landscaping and fencing materials. The more different the use of the adjoining property, the
more dense or extensive the buffer must be.
"Business establishment" means a location where business is conducted, goods are made or
stored or processed or where services are rendered.
"Custom personal services" means any business with a primary purpose of providing personal
services such as law, engineering, design, finance, accounting to an individual or group for
compensation.
"Convenience enterprise" means a business catering to an area with sales of easily obtained
goods and merchandise. Convenience enterprises include, but are not limited to: stores with
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extended hours, in a convenient location, stocking a limited range of household goods and
groceries and can include sandwich shops, small grocery/convenience stores, food stands,
hardware stores, coffee shops, dollar stores, tobacco shops, video stores.
"Eating establishment" means a public place where food and drinks are served for a fee. This use
includes restaurants, cafes, drive -through, coffee shops, and donut shops.
"Flood control structure means an engineered feature designed to manage storm water, reduce
erosion, and prevent or mitigate local flash flooding downstream and may include revetments,
dams, diversions, levees, channels or dykes.
"Group home" means a residential home where a small number of unrelated people in need of
care, support, or supervision can live together, such as those who are in a foster care program or
with chronic disabilities.
"Hardware stores" means a store selling tools, fasteners, building materials, hand and power
tools, lumber, implements, keys, locks, hinges, chains, plumbing supplies, electrical supplies,
cleaning products, housewares, tools, utensils, paint, and lawn and garden products directly to
consumers for use at home or for gardening, construction or business. Many hardware stores
have specialty departments that include hunting and fishing supplies, plants and nursery
products, marine and boating supplies, pet food and supplies, farm and ranch supplies (including
animal feed), swimming pool chemicals, home brewing supplies and canning supplies.
"Household" means one or more persons related or unrelated who live in the same dwelling and
share meals or living accommodation, and may consist of a single family or some other grouping
of people.
"Lodging" means any short tenn temporary living or sleeping place in which someone lives or
stays for a period of time not to exceed thirty (30) consecutive days. This includes hotels, motels,
bed and breakfasts, townhomes condominiums, and campgrounds located in an appropriate zone
that allows short term lodging.
"Places of worship" (house of worship) shall mean a specially designed structure or consecrated
space where individuals or a group of people come to perform acts of devotion, veneration, or
religious study. Buildings constructed or used for this purpose include temples, churches,
synagogues, convents, monasteries and mosques.
"Premises agricultural occupation" means a business selling seed, feed, fertilizer, and other items
and equipment used in agriculture.
"Professional offices" means an office for a professional person that includes but is not limited to
architects, engineers, surveyors, doctors of medicine, osteopaths, dentists, optometrists, lawyers,
accountants, chiropractors, chiropodists, naturopaths, and consultants who engage in a vocation
that requires graduation from an accredited school of higher learning.
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"Public facility" means a publicly -owned structure, building or place open to the public that
provides a particular service or is used for a particular activity of leisure and may include
entertainment, sports and social activities available for all ages.
"Retail establishment" means a business that sells new goods and merchandise from a single
point of purchase directly to customers who intend to use that product and serves the everyday
needs of the community in which it is located. The use does not include lodging, service or
dining uses. Such an establishment sells food, drink, clothing, jewelry, furniture, stone and
monuments, automobiles, radios, refrigerators, coal, lumber, and other goods, hardware, and may
perform incidental services on such goods when necessary.
"Service establishment" means a business that sells services to the general public that fulfill the
everyday needs of the community in which it is located. Such an establishment provides repair
and other services for the comfort and convenience of the public in the course of daily living and
include, but are not limited to, hardware stores, tailors, seamstresses, watch repair, home
cleaning, investment banking, gas stations, branch offices for insurance companies, repair shops,
shoe shop, tailor, seamstress, hair salons, barbers, medical clinics, delivery and mail businesses,
car repair, travel agency, tutoring services, and similar activities.
"Usable floor area" means the net floor area of a building where persons may move about and
carry on the usual tasks for working and living but does not include: restrooms and lounges,
stairwells, elevators and escalator shafts, building equipment and service areas, entrance and
elevator lobbies, stacks and shafts, freezer and coolers areas, storage and stock rooms, and other
building elements where patrons would not normally be allowed.
"Warehouse" means a large building, or part of one, where raw materials or manufactured goods
may be stored before their export or distribution for sale.
PASSED AND APPROVED by a majority of the City of Moab City Council. This ordinance
shall take effect immediately upon passage.
SIGNED:
Emily S. Niehaus, Mayor Date
Rachel Stenta, Recorder
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