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As used in this title:

“Accessory dwelling unit” (ADU, granny-flat, mother-in-law-apartment) means a habitable living unit added to, created within, or detached from a single-household dwelling, and in some cases duplexes, and includes separate cooking, sleeping, and bathroom facilities. A single ADU does not constitute a two-household dwelling.

“Accessory dwelling unit, external (EADU)” means an accessory dwelling created:

1. On the same parcel or lot that contains the main dwelling structure; and

2. Physically separate from the main dwelling structure; and

3. The intent of ADUs is not to provide additional second home opportunities.

“Accessory dwelling unit, internal (IADU)” means an accessory dwelling unit created:

1. Within an existing single-household dwelling; and

2. Within the footprint of the main dwelling; and

3. The intent of ADUs is not to provide additional second home opportunities.

“Accessory dwelling unit, Type 1” means an external accessory dwelling unit (EADU) that shall meet the International Residential Code for single-family dwelling requirements; and for the purpose of offering a long-term rental for active employment households. The main dwelling unit or accessory dwelling unit may be owner-occupied, or both the main dwelling unit and the accessory dwelling unit may be rented out as rental dwellings.

“Accessory dwelling unit, Type 2” means an internal accessory dwelling unit (IADU) that shall be constructed as a “two-family dwelling,” as referenced and required by the International Residential Code; and for the purpose of offering a long-term rental for active employment households. The main dwelling unit or accessory dwelling unit may be owner-occupied, or both the main dwelling unit and the accessory dwelling unit may be rented out as rental dwellings.

“Accessory dwelling unit, Type 3” means an internal accessory dwelling unit (IADU) that may be constructed with the appropriate International Residential Code regulations determined by State statute for “ADUs.” The primary dwelling shall be owner-occupied, and the accessory dwelling unit may be rented as a rental dwelling.

“Accessory use or structure” means a use or structure located on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or building. Examples include, but are not limited to, garages, arbors, carports, and storage sheds.

Acre, Gross. “Gross acre” means a measure of land containing forty-three thousand five hundred sixty square feet.

Acre, Net. “Net acre” means a gross acre excluding public rights-of-way.

“Active employment household” or “actively employed household” or “AEH” means a household with at least one adult who meets one of the following criteria; provided, however, where there are unrelated individuals living together in one household, at least fifty percent of all the adults comprising the household shall meet one of the following criteria:

1. A full-time (average of at least thirty hours of employment per week for a minimum of nine months per calendar year) employee of a business, or entity, or entities located within Grand County or the Spanish Valley portion of San Juan County, Zip Code 84532; or

2. An owner of a business or entity with a primary place of business within Grand County; or

3. A full-time (average of thirty hours of employment per week for a minimum of nine months out of each calendar year) worker who is self-employed or works out of their home must provide their entire list of clients/workload so that it can be verified that a minimum of seventy-five percent of their billable hours are for clients or projects located within Grand County or the Spanish Valley portion of San Juan County, Zip Code 84532; or

4. A person who is unable to work or does not have a work history required under subsections 1 through 3 of this definition due to a disability as defined by the State and Federal Fair Housing Acts, the Americans with Disabilities Act, or other applicable State or Federal law; or any person who has attained a reasonable accommodation from this requirement under the Fair Housing Act, Americans with Disabilities Act, or other applicable State or Federal law; or

5. A family member of the owner of the property; or

6. A retiree with a work history required under subsections 1 through 4 of this definition for the five years prior to retirement.

“Active employment unit” or “AEU” means a dwelling unit that is required to be occupied by a qualified active employment household.

“Agricultural industry or business” means an industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, including but not limited to animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production, and similar uses as determined by the Planning Commission.

“Agriculture” means the growing of soil crops in the customary manner in the open. It shall not include livestock-raising activities, nor shall it include retailing of products on the premises.

“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.

“Alley” means a public access-way not less than twenty feet in width and not greater than twenty-six feet in width, which is designed to give secondary access to lots or abutting properties; an alley shall not be considered a street, for the purposes of this title.

Animals, Livestock. “Livestock animals” may include horses, cows, sheep, and goats and excludes pigs and exotic animals.

“Antenna” means a transmitting or receiving device used in telecommunications that radiates or captures radio frequency waves or signals and includes, but is not limited to, directional antennas, such as panels, microwave dishes, satellite dishes, and omni-directional antennas, such as whip antennas.

“Applicant” means a person who submits an application for development to the City of Moab.

“Architectural projection” means any building or structural projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building or structure, but does not include signs.

“Automatic car wash” means a facility for automatic or self- service washing and cleaning of automobiles and small trucks not exceeding one and one-half tons capacity.

“Automobile sales area” means an open area used for display, sale, or rental of new or used motor vehicles, recreational coaches, or recreation vehicles in operable condition.

“Automobile service station” means a place where lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and where services performed may include tube and tire repair, battery charging, storage of merchandise, lubricating of automobiles, replacement of spark plugs, lights, fans, and other small parts, but not including major auto repair and are not kept overnight.

“Basement” means a story whose floor is more than twelve inches below the average level of the adjoining ground, but where no more than one-half of its floor-to-ceiling height is above the average contract level of the adjoining ground. A basement shall be counted as a story for purposes of height measurement, and as a half-story for the purpose of side-yard determination.

“Basement house” means a residential structure without a full story structure above grade.

“Bed and breakfast” means a residence containing not more than two kitchens where, for compensation, overnight accommodations and meals are provided, and where retail sales to bed and breakfast patrons are made.

“Beginning of construction” means the placing of concrete footings for a building or structure.

“Benchmark” means a mark affixed to a permanent or semi-permanent object along a line of survey to furnish a datum level.

“Block” means an area enclosed by streets and occupied by or intended for buildings; or if such word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets that intersect such street.

“Block frontage” means all properties fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

“Boarding house, lodging house” means a building containing not more than one kitchen, where for compensation, meals are provided pursuant to previous arrangements on a daily, weekly or monthly basis as distinguished from a motel, cafe or rooming house.

“Body and fender shop” means a facility for major automobile, truck, mobile home, recreational coach or recreation vehicle repairs to body, frame, or fenders, and including rebuilding.

“Brewery” means a business establishment that manufactures more than fifteen thousand barrels of beer, heavy beer, or malt liquor as otherwise defined and regulated in Title 32B, Utah Code Annotated, as amended.

“Brewpub” means a restaurant type establishment that also contains a small brewery, where the product is brewed primarily for sale in the associated restaurant. Brewpubs may package their product in kegs, bottles or cans for on-site or off-site distribution. The alcohol to food sales revenue ratio for a brewpub shall comply with the requirements of Chapter 6 (Specific Retail License Act) of Title 32B (Utah Alcoholic Beverage Control Act) of the Utah Code Annotated, or its successor.

“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.

“Building” means any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building. “Building” includes yurts, removable sheds, and similar uses, but does not include signs or fences.

“Building height” means the vertical distance as measured from the average finished grade of the building line to the midpoint of the highest plane of the roof.

Building, Main. “Main building” means one or more of the principal buildings upon a lot.

“Buildable area” means the area of a lot remaining after the minimum yard and open space requirements of the applicable zone have been met.

“Building setback” means a line within a lot or other parcel of land, so designated on the plat of the proposed subdivision, between which line the adjacent boundary of the street upon which the lot abuts, the erection of an enclosed structure or portion thereof is prohibited.

“Building official/inspector” means the building inspector charged with the responsibility of issuing permits and enforcing on behalf of the City the currently adopted city construction codes, or other building code adopted by the City, and land use code, including any amendments, or that person’s designee.

“Building permit” means a permit issued by the building official, after approval of a zoning development permit, that allows a developer or property owner to erect, construct, reconstruct, grade, excavate for a foundation, alter or change the use of a building or other structure or improvements of land.

“Business establishment” means a location where business is conducted, goods are made or stored or processed or where services are rendered.

“Campground” means a public area designated by a public agency for camping, or a private area licensed by the City of Moab for camping.

“Camping” means a temporary establishment of living facilities such as tents or recreational coaches as regulated by this Code.

“Carport” means a structure for the shelter of vehicles open on a minimum of two sides. Requires a building permit.

Carport, Permanent. “Permanent carport” means a structure that may or may not be attached to a home or other main building that has an approved foundation.

Carport, Temporary. “Temporary carport” means a structure that may or may not be attached to a home or other main building that does not have an approved foundation but is anchored securely and covered with a tarp or other cloth material.

“Caretaker or guard residence” means dwelling facilities located on a premise occupied by a permitted main use for the housing of persons and their households who are employed on the premises as guards, caretakers or in similar custodial capacity.

“Certificate of occupancy” means an official certificate issued by the City through the enforcing official that indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued.

“Character” means special characteristics of a structure or area that set it apart from surrounding development and that contribute to its interest or individuality. Examples include a grid pattern for residential neighborhoods, tree-lined avenues with alleys for rear parking access and trash collection; a business district with uniformity in building scale, materials, architectural elements, setbacks, street furniture, and sign design; a waterfront walkway with historic elements, fountains, public art, design coordinated furniture, light standards, and trash receptacles. Buildings may exhibit character in density, height, coverage, setback, massing, the placement and design of windows in walls (fenestration), materials, scale of materials, and the use of architectural elements.

“Child care center” means a child care facility licensed by the state of Utah and in compliance with state rules and regulations as established by state law.

“Church or place of worship” means a site used primarily or exclusively for religious worship and related religious services operated by a bona fide religious group for religious activities.

“City Council” means the legislative body of the City of Moab.

“Club, social” means any organization, group, or association supported by its members where the sole purpose is to render a service to said members and their guests.

“City Manager” means the Chief Administrative Officer of the City.

“City” means the City of Moab, Utah.

“City planner” means an administrative officer designated by the City Manager and charged with the responsibilities of planning, leading, analyzing, preparing, negotiating, and commenting on the process of development applications and presenting staff review of applications to decision making boards. The City planner is responsible for the daily administration of the land use code and General Plan and leads and participates in complex current to long range planning assignments.

Clinic, Medical. “Medical clinic” means an ambulatory health care facility in which outpatient treatment is provided by physicians, dentists, other medical personnel, psychologists, or social workers and where examination and treatment require a stay of less than twelve hours.

Clinic, Veterinary. “Veterinary clinic” means a place where animals are given medical care and the Boarding of animals is limited to short-term care incidental to the hospital use.

“Collector street” means a street that carries traffic from minor streets to the major street system, including the principal entrance streets of residential development and the primary circulation streets within such a development.

“Commercial development” means and includes, but is not limited to, expansion or construction of office, retail, wholesale, warehouse, manufacture, commercial recreation, restaurant/bar and/or service commercial operations by the addition of square footage.

“Commercial use” means activity involving the sale of goods or services carried out for profit.

“Commercial wireless telecommunication services” means licensed commercial wireless telecommunication services including cellular, personal communication services (“PCS”), specialized mobilized radio (“SMR”), enhanced specialized mobilized radio (“ESMR”), paging, and similar services that are marketed to the general public.

“Common area” means an area designed to serve two or more dwelling units or separate uses with convenient access to the area.

“Common element” means in a condominium or cooperative, all portions of the condominium other than the units.

“Common open space” means a parcel of usable land, area of water, or a combination of land and water within the site designated for a planned unit development designated and intended primarily for the use or enjoyment of residents, occupants and owners of the planned unit development. “Common open space” may include, but is not limited to, areas devoted to recreation, courts, gardens, parks and walkways. The term shall not include space devoted to streets, parking and loading areas.

“Community center” means a building and grounds owned and operated by a governmental body or homeowners’ association, for the social, recreational health or welfare of the community served.

“Compatible design” means the visual relationship between adjacent and nearby buildings and the immediate streetscape in terms of a consistency of materials, colors, building elements, building mass, and other constructed elements of the urban environment, such that abrupt or severe differences are avoided. Also means consistent with, harmonious with, similar to and/or enhancing the mixture of uses, site placement and/or complimentary architectural styles, either of an individual structure or the character of the surrounding structures.

“Compatible land use” means a use of land and/or buildings that, in terms of development density, building coverage, design, bulk and occupancy, traffic generation, parking requirements, access and circulation, site improvements, and public facilities and service demands, is consistent with and similar to neighboring uses and does not adversely affect the quality of life of persons in surrounding or nearby buildings.

“Complete application” means an application shall not be considered complete unless and until” means (1) all of the required information and submittal materials in the amounts and dimensions required by this code have been submitted to and received by the City department or official specified in this code; and (2) the City planner or a duly-appointed representative, has certified the application as “complete.” The decision of the City planner with respect to completeness and applicability of submittal requirements shall be final. This requirement pertains to all applications for preliminary and/or final plats of a subdivision, a planned unit development, zoning, rezoning, general development plans, and special use permits where such applications are in anticipation of new surface development, or any other similar land use designation that is used by a local government, but does not include building permit applications.

“Comprehensive plan” means the plan of the City and adjoining areas adopted by the Planning Commission and City Council, including all of its revisions. The plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks and other public and private developments and improvements. A coordinated plan, which has been prepared and adopted for the purpose of guiding development, including but not limited to a plan or plans of land use, circulation, housing, and public facilities and grounds.

“Conditional use” means a use which requires approval of the land use authority before the Zoning Administrator may issue a permit. Uses that require individual consideration of surrounding conditions and circumstances to carry out the intent and purpose of the zoning districts; a use for which a conditional use permit is required by this title.

“Context” means the block face in which an affected property is located.

Convalescent Home. See “rest home.”

“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 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.

Coop, Chicken. “Chicken coop” means a structure for housing poultry that provides shelter from the elements, rodents, hungry predators, theft, and injury and that consists of at least four square feet of habitable area per laying hen. Coops may have an open front or may be draft free with ventilation openings such as windows. Also includes coop, henhouse, hen coop.

“Cooperative” means a common interest community in which the real property is owned by an association, each member of which is entitled by virtue of such member’s ownership interest in the association an exclusive possession of a unit.

“Corral” means a space, other than a building, less than one acre in area, or less than one hundred feet in width, used for the confinement of animals or fowl.

“Council” means the City Council of the City of Moab, Utah.

“Court” means an open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, and which is bounded on two or more sides by such building or buildings.

“Court apartment (dwelling group)” means one or more dwellings (other than mobile home parks), arranged around two or three sides of a court which opens onto a street, may include single-household, two-household or multiple-household dwellings.

“Crosswalk” means any portion of a roadway distinctly indicated for pedestrian crossing by lines or other surface markings or by a change in surface material.

“Cul-de-sac” means a minor street having one open end and being terminated at the other by a vehicular turnaround. Specific standards can be found in the construction design standards for public improvements.

“Curb cut” means an access cut in the curb line for the passage of vehicles. Curb cuts for sidewalks at intersections or mid-street crossings are necessary to provide a ramped area that allows easy passage in compliance with ADA requirements.

“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.

“Customary household pets” means a domesticated animal that is commonly kept as a household pet, such as a cat, dog, gerbil, hamster, caged birds that are not unreasonably noisy, fish in tanks, or contained reptiles such as lizards and non-poisonous snakes. Other animals, such as horses, pigs, sheep, and goats are considered farm animals. Monkeys are not considered household pets.

“Cut” means land surface that is reshaped by human activity through the removal of soil, rock, or other materials.

“Cut area” means any area where the existing grade is lowered.

“Density” means the number of households, individuals, dwelling units, household units, or housing structures per unit of land.

“Developer” means any public or private person, partnership, association or agency that prepares raw land for the construction of buildings or causes to be built physical building space for use primarily by others, during which preparation of the land or the creation of the building space is in itself a business and is not incidental to another business or activity.

“Development application” means an application for a preliminary or final plat for a subdivision, a planned unit development, or any other similar land use designation that is used in this code. These include applications for zoning, rezoning, general development plans, and special use permits where such applications are in anticipation of new surface development, but does not include building permit applications.

“Development parcel” means any quantity of land described with a definite location and specific boundaries that is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

Development Permit. See zoning development permit.

“Development” means the physical extension and/or construction of urban land uses. Development activities include” means subdivision of land; change in the intensity of use of land; construction, reconstruction, demolition or partial demolition or alteration of buildings, roads, utilities, and other facilities; commencement of drilling (except for a well or to obtain soil samples), mining, or excavation; installation of septic systems; grading; deposit of refuse, debris, or fill materials; and clearing of natural vegetation cover.

“Distillery” shall mean a facility that produces no more than fifteen thousand gallons per year of spirituous beverages on site and shall include a tasting room in which guests/customers may sample the product.

“District” means a part, zone, or geographic area within the City of Moab to which certain zoning or developmental regulations apply. Also includes “zone”, and “zoning district”.

“Drive-in use” means an establishment that by design, physical facilities, service, or packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their vehicles.

“Driveway” means a private roadway, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel on which the driveway is located.

“Dwelling” means a structure or portion of a structure that is designed, occupied or intended to be occupied as living quarters and includes facilities for cooking, sleeping and sanitation; but not including hotels, motels, clubs, boarding houses, or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraints.

1. “Apartment house (multi-household dwelling)” means any building or portion thereof which is designed, built, rented or leased, let or hired out to be occupied or which is occupied as the home or residence of three or more households living independently of each other and doing their own cooking within the premises.

2. “Court apartment (dwelling group)” means one or more dwellings (other than mobile home parks), arranged around two or three sides of a court which opens onto a street, may include single-household, two-household or multiple-household dwellings.

3. “Condominium” means a legal form of ownership of real estate and not a specific building style. The purchaser has title to the interior space in the building and an undivided interest in parts of the interior, the exterior, and other common elements. The property is identified in a master deed and recorded on a plat with the local jurisdiction.

4. “Dwelling, primary” means a single-household dwelling unit that:

a. Is detached; and

b. Is occupied as the primary residence of the owner of record.

5. “Dwelling, rental” means a building or portion of a building that is:

a. Used or designated for use as a residence by one or more persons;

b. Available to be rented, loaned, leased or hired out for a period of one month or longer.

6. “Manufactured home dwelling” means a HUD, UBC, or IRC Standard approved structure designed to be transported after fabrication and equal to or exceeding fourteen feet in width and seven hundred square feet in area, excluding towing gear and bumpers. Such a structure is suitable for human habitation on a year-round basis when equipped with required plumbing, heating and electrical facilities. Manufactured homes may or may not have integral chassis or permanent hitches to allow future movement. The space and width requirements of this definition shall not apply to any manufactured home located within a previously existing manufactured home park.

7. “Multi-household dwelling” means three or more residential dwelling units within a single building and under a single roof, including apartments, townhouses and attached condominiums. Any building or portion thereof which is designed, built, rented or leased, let or hired out to be occupied or which is occupied as the home or residence of three or more households living independently of each other and doing their own cooking within the premises.

8. “Single-household dwelling” means a free-standing residential building providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

9. “Townhouse (“townhome”)” means a form of multi-unit housing constructed as a single structure or group of structures in which the owner owns the described area of land in the unit and also owns the land on which the unit is located.

Dwelling, Unit. “Unit dwelling” means one or more rooms in a dwelling, apartment hotel or apartment motel, designed for or occupied by one household for living or sleeping purposes and having one but not more than one kitchen or set of fixed cooking facilities, other than hot plates or other portable cooking units.

“Easement” means that portion of a lot or lots reserved for present or future use by a person or agency other than the legal owner(s) of said property(ies). The easement may be for use under, on, or above said lot or lots.

“Eating establishment” means a public place where food and drinks are served for a fee. This use includes restaurants, cafes, drive-throughs, coffee shops, and donut shops.

“Encroachment” means the authorized or unauthorized placement of a structure or part of a structure upon the land or easement of another or a public right-of-way.

“Engineer” means a person duly authorized under applicable provisions of Utah State Code to practice the profession of engineering.

“Environmental analysis statement” means a statement prepared by an engineer, geologist, or other person qualified by training or experience, as determined by the Planning Commission, which indicates or describes the impact that the development will likely have on the natural features of the immediate area, and which describes the measures that will be taken to lessen the occurrence of adverse conditions with respect to:

1. Control of erosion within the area to be developed;

2. Reseeding of cuts and fills;

3. Provision for potable water;

4. Disposition of any geological hazards or soil conditions which may cause injury or damage to improvements which may be constructed in the development, such as buildings, water and sewer lines and streets;

5. Provisions for the proper disposal of solid and liquid wastes that will likely come from the occupants of the development when it is fully developed;

6. Prevention of the destruction of vegetation or else the establishing of new vegetation;

7. Prevention of the accumulation of weeds and debris;

8. Disposal of surface water and disposition of flood hazards.

“Essential services” means the development or maintenance of public utilities or city-approved underground, surface or overhead gas, electrical, telephone, steam, fuel or water transmission or distribution systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment, and sewage pump stations.

“Excavation” means any disturbance to the ground, including but not limited to soil removal, clearing, grubbing, rock removal, cutting, tunneling, drilling, or any other activity which alters the natural ground.

“Fence, sight obscuring” means any fence or wall that is designed to limit visual access to a parcel, or portion of a parcel, in order to shield permitted, yet potential unsightly conditions from public view. All plans for all sight obscuring fences and walls shall first be submitted and approved by the planning department and the Zoning Administrator. All sight obscuring fences and walls shall be constructed of substantial material and the design and construction of said fence or wall shall be consistent with the quality of dwellings and other improvements within the surrounding area as determined by the Zoning Administrator. No fence shall be constructed which prohibits direct and convenient access to a fire hydrant or which obstructs the proper and efficient operations of a hydrant.

“Flag-shaped,” “panhandle lot,” “flag lot,” all mean a lot or building site having its only vehicular access by way of a long narrow drive/entry/access way which serves no other property.

“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.

“Floor area” means the floor area of a building is the sum of the area of the several floors of the building, including basements, mezzanines, and penthouses of headroom height, measured from the exterior walls or from the centerline of walls separating buildings. The floor area does not include unoccupied features such as pipe trenches, exterior terraces, or steps, chimneys, roof overhangs, etc.

“Food truck park” means an area on private property designated to accommodate two or more food trucks.

“Formally initiates” as set forth by Section 10-9a-509 Utah Code Annotated, 1953, means the earliest of:

1. Publication of a City Planning Commission or City Council agenda in which the amendment to the land use regulations is the subject of an agenda item, and/or public hearing; or

2. The effective date of a resolution by the City Council stating that the City has formally initiated an amendment to the land use regulations and the proposed language of the amendment(s).

“Fowl” when applied to Code Chapter 17.52, specifically references a domesticated hen “chicken” that is used as food or for laying eggs but does not include any of the other various heavy-bodied largely ground-feeding domestic or game birds of the order Galliformes, such as a duck, goose, turkey, or pheasant, that is used for food or hunted as game.

Fractional Numbers or Measurements. In determining the requirements of this title, whenever a fraction of a number or a unit is one-half or more, said fraction shall not be included in determining requirements.

“Garage, private” means a building or part thereof designed for the parking or temporary storage of automobiles of the occupants of the premises.

“Governing body” means the City Council of Moab City, Utah.

“Grade” shall be as follows:

1. For the buildings adjoining one street only, the elevation of the sidewalk or centerline of the street, whichever is higher, at right angles to the midpoint of the adjoining wall.

2. For the buildings adjoining more than one street, the average of the elevation of the sidewalks or centerlines of the street, whichever is higher, at right angles to the midpoint of the adjoining wall.

3. For the buildings having no wall adjoining the street, the average level of the sidewalk or centerline of surrounding streets, whichever is higher.

4. Any building wall parallel or nearly parallel to and not more than five feet from a street line is to be considered as adjoining the street.

“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.

“Guest” means a person staying or receiving services for compensation at a hotel, motel, boarding house, rooming house or rest home, or similar use.

“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, 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.

“Home occupation” means any occupation conducted within a dwelling and carried on by persons residing in the dwelling.

“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.

“Junkyard” means a place where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, or handled or stored, including auto wrecking yards, house wrecking yards, used lumberyards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building or where salvaged materials are kept incidental to manufacturing operations conducted on the premises.

“Kennel” means land or buildings used in the keeping of four or more dogs over four months old.

“Land use plan” means a plan adopted and maintained by the City Council which shows how the land should be used-an element of the master plan.

“Landscaping” means some combination of planted trees, shrubs, vines, groundcover, flowers or lawns. In addition, the combination or design may include rocks and such structural features as foundations, pools, art works, screens, walls, fences or benches, but such objects alone shall not qualify as landscaping. The selected combination of objects for landscaping purposes shall be arranged in a harmonious manner as determined by the Zoning Administrator.

“Large-scale development” means a development that contains two or more main buildings on a zoning lot and which development is planned and developed as a single entity.

“Livestock corral” means a place or pen where livestock are kept on a seasonal basis as a part of an agricultural enterprise or operation as distinguished from a livestock feed yard.

“Living open space” is that portion of the yards on a zoning lot which is not used by automotive vehicles but reserved for outdoor living space, recreational space and landscaping.

“Lodging” means any short-term temporary living or sleeping place in which someone lives or stays for a period of time not to exceed thirty consecutive days. This includes hotels, motels, bed and breakfasts, townhomes, condominiums, and campgrounds located in an appropriate zone that allows short-term lodging.

Lodging House. See “boarding house.”

“Lot” means a single parcel or tract of land.

1. “Lot, corner” means a lot situated at a junction of two public streets or situated on a curved street or way, the radius of which is thirty-five feet or less and where the angle formed by the intersection of the tangent is one hundred five degrees or less.

2. “Lot, interior” means a lot other than a corner lot.

3. “Lot of record” means a lot designated on a subdivision plat or deed, duly recorded pursuant to statute in the county recorder’s office. A lot of record may or may not coincide with a zoning lot.

4. “Lot, zoning” means a parcel of land, composed of one or more recorded lots, occupied or to be occupied by a principal building or buildings or principal use or used along with permitted accessory buildings or uses, meeting all the requirements for area, buildable area, frontage, width, yards, setbacks, and any other requirements set forth in this title.

“Microbrewery” means a brewery that produces less than fifteen thousand barrels of beer, heavy beer, or malt liquor annually and occupies less than ten thousand square feet in gross floor area and may include a taproom in which guests/customers may sample the product.

“Mobile home” means a vehicular or portable structure which is constructed for movement on the public highways; which has been constructed in accordance with the building code for mobile homes as adopted by the City, but which has not been demonstrated to conform to the requirements of the building code for other residences.

“Mobile home park” means an area or tract of land used to accommodate two or more mobile homes.

“Motel-tourist home-motor hotel” means one or more buildings containing individual sleeping rooms or living units designed for use by automobile tourists or transients with garage attached or parking space conveniently located to each unit.

“Motor home” means a self-propelled vehicular unit, primarily designed as a temporary dwelling for travel, recreational and vacation use.

“Noncomplying structure” means a building or structure that:

1. Legally existed before its current land use; or

2. Because of one or more subsequent land use ordinance changes, does not comply to the setback, height restrictions, or other regulations, excluding those regulations, that govern the use of land.

“Nonconforming building” means a building, structure or portion thereof, which does not conform to the regulations of this title applicable to the zone or district in which such building is situated but which was in existence on the effective date of the ordinance codified in this title.

“Nonconforming use” means a use of land that:

1. Legally existed before its current land use designation;

2. Has been maintained continuously since the time the land use ordinance governing the land changed; and

3. Because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land.

“Nursery, day care” means a home or building in which children are tended or kept for compensation; does not include overnight accommodations for such children as does a foster home or an orphanage.

“Other public facilities” means and include, but are not limited to, governmental functions such as libraries, museums, parks, playgrounds, recreational centers, police, fire, or utilities facilities, that are public owned or operated or under public control and jurisdiction, and subject to the provisions of this code.

“Outdoor recreational uses, commercial” Outdoor recreation uses are those activities that:

1. Are undertaken outside the confines of buildings;

2. May or may not involve organized competition or formal rules;

3. Can be undertaken without the existence of any built facility or infrastructure;

4. May require large areas of land, water and/or air;

5. May require outdoor areas of predominantly unmodified natural landscape

Facilities, site modification or infrastructure may be provided to manage the impacts generated by the activities. However, outdoor recreation activities can be undertaken without facilities, site modification or infrastructure. Such activities can be active or passive.

Active outdoor recreational activities include but are not limited to the following:

Outdoor Recreational Activities 

Ballooning

Motor/trail bike riding

Boating/sailing

Mountain bike riding

Camping: RV’s/tents/rustic lodging

Multi purpose trail use

Canoeing

Nature studies

Canyoneering

Orienteering

Caving

Outdoor festivals

Climbing

Parachuting

Collecting

Photography

Conservation activities

Picnicking

Cycling: Paved or off-road

Rafting

Dog Park

Ropes courses

Fishing

Sailboarding

Four-wheel-driving

Scuba diving

Golfing

Skate parks: Skateboarding/rollerblading/mountain boarding

Hang-gliding/para-gliding

Snorkeling

Hiking

Touring

Horse riding

Trail Running on an unpaved trail

Day hiking on an unpaved trail

Backpacking

Rock climbing (rock or ice)

Informal concerts

Walking

Jet skiing

Water parks/pools with play features

Kayaking

Wildlife Viewing/Bird and wildlife

Kite flying

Waterskiing

A passive activity area is an area within an outdoor recreation site which provides an opportunity for such less athletic recreational pursuits as pleasure walking, rest and relaxation, and informal picnicking. Such areas are generally maintained in a natural state, except for minimal clearing for paths, trails, sitting areas, walkways or auxiliary structures. However, landscaped areas with maintained lawns, shade trees, and benches may also be used. Passive recreation generally encompasses the less intensive range of outdoor activities compatible with preserving natural resource functions such as wildlife habitat and floodplain protection. Conservation areas and their associated trail systems provide excellent opportunities for low impact activities like hiking, bird watching, and picnicking on a carry-in, carry-out basis.

Summary of Outdoor Recreation Facilities 

Baseball and softball fields

Playground areas

Boating access

Racquetball courts

Basketball courts

Restrooms

Beach/pond/lake swimming

Scenic overlooks

Camping

Shelters/gazebos/pavilions

Football/soccer fields

Swimming pools

Fishing access

Tennis courts

Gardens

Trails

Golf Courses/driving ranges/practice and putting greens/tee boxes

Volleyball courts

Historic or educational sites

Water parks

Picnic areas

Winter sports access

Service areas: Maintenance facilities/storage buildings/dumpsters/loading areas/accessory uses intended primarily for the servicing of the recreational facility or associated equipment.

“Overnight accommodations” means any short-term temporary living or sleeping place in which someone lives or stays for a period of time not to exceed thirty consecutive days. This includes hotels, motels, bed and breakfasts, townhomes, condominiums, RV parks, and campgrounds located in an appropriate zone that allows short-term lodging.

“Overnight accommodations, established” means overnight accommodations that are recognized as existing legal uses and identified on the Established Overnight Accommodations Map.

“Park trailer” means a vehicle that:

1. Is designed as a temporary living quarters for seasonal or a destination residence which may be connected to utilities necessary for operation of installed fixtures and appliances;

2. Is built on a single chassis and mounted on wheels; and

3. Has a gross trailer area not exceeding four hundred square feet in the set up mode.

“Parking space” means a space within a building or parking area, exclusive of driveways, ramps, columns, office and working area, for the parking of a motor vehicle, not less than eighteen and one-half feet in length and not less than nine feet in width.

“Parklets” are on-street parking spaces that are temporarily converted to outdoor seating to allow temporary, seasonal outdoor dining.

“Pasture” means an enclosure for animals in which no feed is provided, except that which the animals obtain by grazing.

“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.

“Planned unit development” means a tract of land which is planned and developed as a single entity wherein the requirements applying to all buildings and improvements are modified to conform to the approved plan.

“Planting plan” means a plan showing the location and dimensions of plants, irrigation equipment, curbs and other protective features around the edge of the planting beds and the location and species of plants to be planted.

“Premises” means a zoning lot together with buildings and structures located thereon.

“Premises agricultural occupation” means a business selling seed, feed, fertilizer, and other items and equipment used in agriculture.

“Premises occupation” means an occupation conducted on the premises outside of a dwelling, by persons residing on the premises.

“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.

“Professional person” means an architect, landscape architect, engineer, surveyor, doctor of medicine, osteopath, dentist, optometrist, lawyer, accountant, chiropractor, chiropodist, naturopath, and consultants who engage in a vocation that requires graduation from an accredited school of higher learning.

“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.

“Public parks and playgrounds” means a tract of land which is owned by the public and which has been partially or totally developed or designated for recreational purposes.

“Recreational vehicle,” “camper,” “travel trailer,” “motor home,” and “vacation vehicle” means a vehicular unit, other than a mobile home, primarily designed as a temporary dwelling for travel, recreational and vacation use, which is either self-propelled or is mounted on or pulled by another vehicle; including but not limited to: a travel trailer, a camping trailer, a motor home, a fifth wheel trailer and a van.

“Recreational vehicle court; vacation vehicle court” means an area or tract of land used to accommodate two or more recreational vehicles.

“Rest home; nursing home; convalescent home” means a building for the care and keeping of elderly or infirm people afflicted with infirmities or chronic illness.

“Restaurant with outdoor dining, permanent” means any restaurant with an outdoor eating and drinking area that is associated with and incidental and subordinate to a primary use of that parcel or lot. The outdoor dining is constructed as a part of the primary building, as an addition to the building or a separate structure that is a permanent structure. The outdoor dining areas may include design features to allow year-round use.

“Restaurant with outdoor dining, seasonal” means any restaurant with an outdoor eating and drinking area that is associated with and incidental and subordinate to a primary use of that parcel or lot. This use may include removable tables, chairs, planters, or similar features and equipment.

“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.

“Revetment” means a wall or facing of stone, concrete, masonry, wood or other stabilizing material placed on the banks of rivers, streams or levees to protect them from erosion.

Salvage Yard. See “junkyard.”

“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 includes, but is not limited to, hardware stores, tailors, seamstresses, watch repair, home cleaning, investment banking, gas stations, branch offices for insurance companies, repair shops, shoe shops, hair salons, barbers, medical clinics, delivery and mail businesses, car repair, travel agencies, tutoring services, and similar activities.

“Setback” means the shortest distance between the property line and the foundation, wall, or main frame of the building.

“Sign” means any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including a flag pole.

1. “Sign, accessory” means a sign which directs attention to a business or profession conducted on the premises.

2. Sign, Area Of. The area of a sign shall be considered to include all the lettering, working and accompanying design or symbols together with any background material whether painted or applied. Where a sign consists of individual letters attached to or painted on a building or wall or window, the area of the sign shall be considered to be that of the smallest rectangle which encompasses all the letters or symbols.

3. “Sign, nonaccessory; billboard” means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises, and only incidentally on the premises, if at all.

“Small neighborhood retail” means a privately owned, small volume business that does not exceed one thousand five hundred square feet in size and sells a variety of a small number of goods and merchandise that appeal to local residents living in the area near the shop.

“Special exception” means a use which is not listed as a permitted use in a zone, but which is permitted as a special exception when such use is specifically mentioned in this title as being a special exception. Also, a use which is permitted in a zone, but which is subject to compliance with conditions prescribed by the terms of this title and by the appeal authority.

“Street, major” means one of the principal thoroughfares, as shown or designated on the major street plan.

“Street, minor,” means any dedicated street serving as the principal means of access to property, which street is not shown on the major street plan, as a principal thoroughfare.

Subdivision. The term “subdivision” means the division of a tract or lot or parcel of land into three or more lots, plots, sites, or other division of land for the purpose, whether immediate or future, of sale or of building development.

“Travel trailer” means a vehicular, portable unit, mounted on wheels, not requiring special highway permits when drawn by a motorized vehicle:

1. Designed as a temporary dwelling for travel, recreational, and vacation use; and

2. When factory-equipped for the road, having a body width of not more than eight feet or a body length of not more than forty feet.

“Twin home” means a two-household dwelling with two individual owners who have rights and responsibilities for their own side and for their own lot. Twin homes have a shared common wall with a lot line landing between the two homes and with their own respective lot.

“Two-household dwelling” means a structure under single ownership and containing two residential dwelling units, other than manufactured homes, within a single building and under a single roof each of which is designed for or occupied by one household.

“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 cooler areas, storage and stock rooms, and other building elements where patrons would not normally be allowed.

“Variance” means a waiver of specific regulations of this title granted by the appeal authority in accordance with the provisions set forth in this title for the purposes of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same zone.

“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.

“Yard” means an open space on the same lot with a building unoccupied or unobstructed from the ground upward, except as otherwise provided in this title.

1. “Yard, front” means the minimum horizontal distance between the street line and the front line of the building or any projection thereof, excluding nonenclosed steps. On a corner lot the front yard may be applied to either street.

2. “Yard, rear” means an open, unoccupied space on the same lot as a building, measured from the rear line of the building (exclusive of steps) and the rear lot line, and extending for the entire width of the lot. In case of a corner lot where the building facade faces on the side street, the rear yard may be established from the side of the house to the side property line.

3. “Yard, required” means the open space around buildings which is required by the terms of this title.

4. “Yard, side” means a yard between the building and the side line of the lot and extending from the front yard to the rear yard. (Ord. 22-05 § 1, 2022; Ord. 21-16 § 1, 2021; Ord. 21-13 § 1, 2021; Ord. 21-12 § 1, 2021; Ord. 21-05 § 1, 2021; Ord. 19-18 § 1, 2019; Ord. 19-13 §§ 1--3, 21 (part), 2019; Ord. 18-06 (part), 2018; Ord. 18-01 (part), 2018; Ord. 17-32 (part), 2017; Ord. 17-22, 2017; Ord. 11-07, 2011; Ord. 11-01, 2011; Ord. 10-15, 2010; Ord. 10-06, 2010; Ord. 09-08, 2009; Ord. 08-25, 2008; Ord. 08-15 (part), 2008: Ord. 01-11 (part), 2001; Ord. 98-11, 1998; Ord. 98-10, 1998; Ord. 96-09, 1996; Ord. 95-13, 1995; Ord. 94-27, 1994; Ord. 94-24 (part), 1994; Ord. 14-81 (part), 1981; Ord. 10-79 (part), 1979; prior code § 27-2-2)