17.36.020 Permitted uses and regulations

17.36.020 Permitted uses and regulations.

This section was recently amended by Ordinance 23-13, codified in October 2023.

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

1. Agriculture.

2. Arts and crafts shops.

3. Asphalt and concrete mixing plants. Asphalt or concrete batching plant for producing asphalt or concrete products used in construction activities on the same or nearby sites is permitted subject to the following standards:

a. The batching plant site shall comply with all applicable provisions of City, State and Federal laws.

b. The batching plant shall not be located within six hundred feet of a residence.

c. Hours of operation will be limited to Monday through Friday, 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.

4. Automobile wrecking and salvage yards, when surrounded by a well-maintained sight obscuring fence constructed to a height of at least eight feet so that the material stored in the enclosure cannot be observed from any street adjacent to the yard.

5. Breweries.

6. Caretaker dwelling consisting of a maximum footprint of eight hundred square feet when associated with a nonresidential use.

7. Coal yards.

8. Earthmoving equipment and equipment storage.

9. Eating establishments.

10. Farm machinery storage sheds.

11. Gas and oil storage facilities.

12. Gymnasiums.

13. Livestock raising.

14. Manufacturing, compounding, processing, packaging, fabrication and warehousing of goods and materials. Does not include processing of animal by-products, livestock feed yards, steel manufacturing, oil refineries, wallboard manufacturing and similar establishments which emit offensive fumes, smoke, noise, odor, etc.

15. Microbreweries and distilleries.

16. Mines including gas and oil wells, gravel pits, sand pits, clay pits, rock quarries, rock crushers and associated buildings and accessory structures.

17. Processing and packaging plants for fruits and vegetables.

18. Professional offices. All professional offices in the industrial zone shall have a perimeter buffer area of fifteen feet in depth that shall be:

a. Screened/buffered from adjacent properties by the use of decorative/solid wooden privacy fencing or decorative block walls. Fences/walls shall be constructed to a minimum of six feet in height when adjacent to other industrial uses and no less than eight feet when adjacent to residential zones.

b. Landscaping shall be incorporated into the screening effort at the following rate:

i. Landscape designs shall be in harmony with the environmental context of the site. Preservation of native, on-site vegetation shall be a primary objective of site planning for development. Specimen plants shall be given particular consideration for retention on site;

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;

iv. 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;

v. Shrubs shall be at least five gallons in size or at least thirty-inch-tall pots at planting time. Shrubs shall be either deciduous species planted at two and one-half feet in height with a mature height of at least six feet or a coniferous species planted at two and one-half feet in spread. Shrubs shall be planted at a rate of twenty-four shrubs for each one hundred feet of buffer length, or portion thereof;

vi. 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;

vii. 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;

viii. 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;

ix. Trees planted within ten feet of public sidewalks or curbs shall be provided with suitable root diverters to minimize heaving of those improvements; and

(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) The use of turf 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.

c. Maintenance and replacement of all vegetation is the responsibility of the owner(s) of the property. Dead or dying plants and trees shall be replaced immediately.

d. All structures shall be constructed and maintained in accordance with the adopted versions of the International Building Code.

e. The total area covered by buildings shall not exceed fifty percent of the site.

19. Public buildings. This use shall be allowed when in compliance with the following standards:

a. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the use as well as required landscaping, off-street parking, and trails;

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

c. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways;

d. Dust, glare, odor, and noise shall be confined within the boundaries of the property;

e. Outside storage of equipment, materials, and supplies shall be contained and located within a building or a sight obscuring fence;

f. The use shall demonstrate that there is a benefit to the neighborhood or community;

g. Traffic from the proposed use shall not create a significant negative impact on the neighborhood.

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.

22. Retail commercial uses.

23. Scenic railroads and railroad maintenance yards.

24. 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.

(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 a 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. Landscape 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 maximum height of the enclosed building or buildings permitted shall not exceed thirty feet.

j. 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.

k. One dwelling unit is permitted on the same lot for use as a caretaker dwelling.

25. Tire recapping establishments.

26. 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.

27. Wireless telecommunication towers subject to the regulations set forth in Chapter 17.76. (Ord. 23-13 § 1, 2023; Ord. 21-13 § 6, 2021; Ord. 21-12 §§ 3, 4, 2021; Ord. 18-10, 2018; Ord. 18-01 (part), 2018: Ord. 17-21 (part), 2017; Ord. 13-14 (part), 2013: Ord. 08-03 (part), 2008; Ord. 94-12 (part), 1994; prior code § 27-13-2)