17.18.020 Permitted uses and regulations

17.18.020 Permitted uses and regulations.

This section was recently amended by Ordinance 23-15, codified in January 2024.

A. Permitted Uses. The following uses shall be permitted-by-right. If a use is not listed it is prohibited.

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,

(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;

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-household residence plus 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 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 Chapter 17.67, Site Plan Review, 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,

(D) Calculated one-hundred-year floodplain,

(E) Topography with slopes differentiated as one to twenty-five percent, twenty-six to thirty-nine percent, forty to forty-five percent, and forty-six or more percent,

(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 sighting, 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: (i) denoting buffer boundaries, (ii) denoting those areas of significant habitat determined to exist on site that will be preserved, and (iii) 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 layout 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 through 17.09.340.

d. Such homes may provide living arrangements for not more than eight residents per home (excluding supervisory personnel).

7. Home occupations subject to the requirements set forth in Section 5.80.050.

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 Chapter 17.10, Landscaping Standards. 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 seven a.m. to seven 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 17.93 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:

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;

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.

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 isolated 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, to 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:

(1) 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;

(2) A minimum of three and one-half feet in height, and living ground cover planted so that the ground will be covered within three years.

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.

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:

(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:

(1) Incorporates the increased retention of significant trees and naturally occurring undergrowth;

(2) Better accommodates or improves the existing physical conditions of the subject property;

(3) Incorporates elements to provide for wind protection or to maintain solar access;

(4) Incorporates elements to protect or improve water quality; or

(5) 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 (A)(17)(b) of this section.

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 seven a.m. to seven p.m.

g. Landscaping shall be completed in accordance with the provisions located in Chapter 17.10, Landscaping Standards. 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. (Ord. 23-15 § 2, 2023; Ord. 19-13 § 21 (part), 2019; Ord. 18-01 (part), 2018: Ord. 10-06, 2010; Ord. 08-03 (part), 2008; Ord. 94-12 (part), 1994; Ord. 85-01 § 1, 1985; prior code § 27-7-2)