17.27.020 Permitted uses and regulations

17.27.020 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. 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, seven a.m. to seven 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, the operator shall have the person responsible walk 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. Brewpubs.

7. Caretaker dwellings.

8. Day care.

9. Dwellings above the ground floor of a nonresidential structure.

10. Dwellings in the C-4 Commercial Zone. All dwellings, other than 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:

i. Be placed on a slab-on-grade or perimeter foundation as approved by the Building Department;

ii. Have a wood, brick or stucco exterior, or a material that looks similar to wood, brick or stucco;

iii. Have a minimum four-to-twelve roof pitch and a one-foot overhang (structures constructed in the traditional southwest Spanish style are exempt from this requirement);

iv. 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;

v. Buffering is required in accordance with other provisions of this chapter;

Minimum Setbacks for Residential Structures in the C-4 Zone
Front yard	30 feet
Side yard	15 feet
Rear yard	20 feet

c. Multi-household dwellings of seven or more units shall be subject to the following additional requirements:

i. Access. Vehicular access shall be provided to the property in such a way that it does not impede traffic patterns on adjacent streets.

ii. Parking. Off-street parking shall be designed in such a way as to allow vehicles to pull forward into the on-street traffic flow.

iii. Garages or Carports. If provided, garages and carports shall not be located in the front yard and shall be set back from the front wall of the principal structure at least fifteen feet or be accessed from the rear or side of the property.

iv. 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.

v. Buffering. All adjacent properties shall be buffered in accordance with the provisions located in Section 17.10.030, Buffer and Screening Requirements.

vi. Apartments and court apartments shall designate an open space/recreation area that is a minimum of two hundred 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.

11. Eating establishments.

12. Engraving and printing establishments.

13. Established Overnight Accommodations. Established overnight accommodations, as defined in this code and as indicated on the Established Overnight Accommodations Map, shall be considered legal, conforming uses.

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

14. Farm equipment sales.

15. Funeral establishments.

16. Ground-Floor Employee Dwellings. Employee dwellings on the ground floor of a nonresidential 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.

17. Gymnasiums.

18. Hardware stores and lumber yards.

19. 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.

20. Hospitals.

21. Laboratories, but not including activities which are hazardous by reason of explosion, fire, chemical, biochemical, or other danger.

22. 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 terms 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, or other undesirable or hazardous conditions.

23. Manufacturing, compounding and processing.

24. Microbreweries and distilleries.

25. Parking lots (commercial).

26. 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. 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.

27. Professional offices.

28. Public facilities.

29. Public and private research establishments.

30. Recreational Vehicle Park or Campground. No new recreational vehicle parks or campgrounds are allowed. The following provisions are intended to manage existing recreational vehicle parks or campgrounds while minimizing land use conflicts and environmental degradation:

a. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding uses in accordance with the provisions located in Section 17.10.030 (Buffer and Screning Requirements).

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 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 six a.m. to ten p.m. for the office and other park facilities.

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.

33. Retail establishments.

34. 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.

35. Second hand stores.

36. 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 covers. This standard shall be particularly emphasized on all landscaped areas abutting public rights-of-way.

iii. 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 cross-sectional 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.

(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, parking spaces, trails, and accessory uses shall be landscaped.

(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.

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, 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.

37. Service establishments.

38. Service stations.

39. 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:

i. Shrubs, a minimum of three and one-half feet in height, and living ground cover must be planted so that the ground will be covered within three years.

ii. Earth-mounding, an average of three and one-half feet in height, planted with trees, shrubs or living ground cover so that the ground will be covered within three years. A combination of earth-mounding and shrubs to produce a visual barrier at least three and one-half feet in height.

iii. Evergreen and deciduous trees, with no more than 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. All outdoor lighting shall comply with the requirements of Sections 17.09.060 through 17.09.069.

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 ten p.m. to seven a.m.

40. 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:

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.

41. Vehicle repair.

42. Vehicle sales.

43. Warehouses.

44. Wholesale establishments with stock on premises.

45. Wireless telecommunication towers subject to the regulations set forth in Chapter 17.76. (Ord. 23-15 § 2, 2023; Ord. 23-12, 2023; Ord. 21-13 § 4, 2021; Ord. 21-12 §§ 2, 3, 2021; Ord. 19-18 § 2.4, 2019; Ord. 19-03 Att. 1 (part), 2019; Ord. 18-01 (part), 2018: Ord. 17-21 (part), 2017; Ord. 13-15 (part), 2013; Ord. 08-32 (part), 2008; Ord. 08-24 (part), 2008; Ord. 08-15 (part), 2008; Ord. 08-03 (part), 2008; Ord. 94-22 (part), 1994; Ord. 93-17 (part), 1993)