a. Established overnight accommodations will be allowed to make improvements to the property, so long as no new overnight accommodation units are proposed.

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.

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 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 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.

a. Parklets on City property will only be considered if there is not adequate area on the property to accommodate outdoor dining. If outdoor dining already exists, the property is not eligible for a parklet.

b. Sidewalks and public rights-of-way must maintain an adequate pedestrian flow. The recommended width of the sidewalk is seventy-two inches. The placement of the outdoor dining shall maintain access to fire hydrants, crosswalks, public utility access and building entrances. A fifteen-foot fire lane must be maintained at all times.

c. Maximum encroachment into street: twelve feet from edge of gutter.

d. Entrance to the parklet must be from the sidewalk and not from the street.

e. Width shall not exceed the frontage of the business property without written permission from the adjacent property owner. Adjacent properties are strongly encouraged to coordinate. Each business is responsible for ensuring compliance with fire/emergency access and ADA requirements.

f. Temporary structure such as umbrellas, planters or temporary barriers are allowed, but shall not be permanently affixed to public property. Such items shall be properly weighted and cannot be more than eighty inches above the sidewalk. Space heaters are permitted if they are at least two feet away from any flammable materials. Tents may be allowed if approved by the Moab Building Official and by Fire Officials. Outdoor cooking is not permitted. Coolers or other displays may be allowed but must be easily moved and follow health guidelines for distribution.

g. The City has the right to ask that the parklet be removed if necessary, for public health, safety, or welfare purposes.

h. The applicant will work with the City Engineer, the Public Works Director and Building Official if they desire to build a more substantial parklet. Any parklet improvements will be allowed seasonally, requiring removal during the off season.

i. All street furniture shall be secured to withstand high winds, during and after business hours.

j. All businesses are responsible for their own trash, waste, and recycling. The site must be kept clean. In the event of a strong storm causing minor flooding, the business owner is responsible for cleaning up any debris, as necessary.

k. Individual businesses are responsible for following DABC rules and regulations.

l. Main Street (Hwy 191) is a State highway, and the City does not have the authority to allow parklets in the State right-of-way.

m. All business activities shall be governed by the City’s noise and nuisance provisions. No amplified music will be allowed.

n. Parklets may be used during normal dining hours. Use of the outdoor dining area must end at ten p.m.

o. Parklets are allowed seasonally, from March 1st through November 30th.

p. If a property is located on a corner, only one parklet is allowed per restaurant. The parklet will be located on the street with lower volumes of traffic and where the parklet will least disrupt the entrances to other businesses.

q. Parklets must follow Southeast Utah Health Department (SEUHD) requirements.

r. Safety lighting is required, signage and reflective materials are allowed and encouraged. All lighting shall meet the City of Moab outdoor lighting standards.

s. A license agreement shall be required as specified in the parklet information application and packet.

t. Submittal requirements are stated in the parklet information application and packet and shall include:

a. All outdoor dining must comply with the applicable building, health and fire codes.

b. Outdoor dining must not encroach into the zone required setbacks.

c. Additional parking will be required to include the additional floor area.

d. All additional lighting will have to comply with the outdoor lighting (dark sky) provisions of the code.

e. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses.

f. Outdoor dining shall not interfere with required vehicular circulation and parking.

g. Temporary structures such as umbrellas, planters, tents, or temporary barriers are allowed. Such items as space heaters are permitted as long as they are at least two feet away from any flammable materials. Tents may be allowed if approved by the Moab Building Official and by Fire Officials. Outdoor cooking is not permitted. Coolers or other displays may be allowed but have to be easily moved and follow health guidelines for distribution.

h. No amplified music will be allowed. All operations shall comply with the noise provisions of the MMC.

i. Hours of operation will not exceed seven a.m. to ten p.m.

j. All restaurants shall be responsible for following DABC rules and regulations.

a. All outdoor dining must comply with the applicable building, health and fire codes.

b. Outdoor dining must not encroach into the zone required setbacks.

c. All additional lighting will have to comply with the Moab City outdoor lighting (dark sky) provisions of the code.

d. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses.

e. Outdoor dining shall not interfere with required vehicular circulation and parking.

f. No amplified music will be allowed. All operations shall comply with the noise provisions of the MMC.

g. Hours of operation will not exceed seven a.m. to ten p.m.

h. Temporary structures such as umbrellas, planters, tents, or temporary barriers are allowed. Such items as space heaters are permitted as long as they are at least two feet away from any flammable materials. Tents may be allowed if approved by the Moab Building Official and by Fire Officials. Outdoor cooking is not permitted. Coolers or other displays may be allowed but have to be easily moved and follow health guidelines for distribution.

i. All restaurants shall be responsible for following DABC rules and regulations.

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.

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)(32)(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.