Grand County Unincorporated
City Zoning Code

Minimum Lot Area: 5 Acres.

Minimum Front and Street Side Setbacks: 25 Feet.

Minimum Rear and Interior Side Setbacks:

Minimum Lot Width: 400 Feet.

Maximum Height: 24 Feet.

Be placed on a slab-on-grade or perimeter foundation;

Have a minimum 24 feet horizontal wall dimension on at least 2 non-opposite sides; i.e., other than directly opposite sides of the structure;

Utilize medium to darker earth tones and non-reflective materials on all structures, including roofs, to minimize contrast and blend with the surrounding natural landscape without calling undue attention to the development; and

Cluster all allowable residential density on the 20 percent of the property that is least visible from high public use areas.

Commission Established.

Duties. The Airport Zoning Commission shall recommend boundaries of the various zones to be established and the regulations to be adopted pertaining to any airport hazard area and to perform such other duties as may be assigned to it by the County Commission or Utah law.

Board Established.

Procedure. Any person aggrieved, or taxpayer affected, by any decision of any administrative agency made in its administration of airport zoning regulations adopted by Grand County, which is of the opinion that a decision of an administrative agency is an improper application of airport zoning regulations of concern to the governing body or board, may appeal to the Board of Adjustment authorized to hear and decide appeals as provided in this Section 4.3.

Duties.

Board Established. The Grand County Airport Board is designated as the principal advisory body to the Grand County Commission in all matters related to the operation of Canyonlands Field.

Duties. The members shall in all cases act as a board, rather than as individuals. The Grand County Air-port Board may adopt rules and procedures for the conduct of its meetings and to govern its operation, not inconsistent with bylaws, County ordinances, and regulations of the State of Utah and the FAA.

Minimum Lot Area: 5 Acres.

Minimum Front and Street Side Setbacks: 25 Feet.

Minimum Rear and Interior Side Setbacks:

Minimum Lot Width: 400 Feet.

Maximum Height: 24 Feet.

Residential Uses.

See Section 4.3.9D

Public or Civic Uses.

Essential services

Retail, Service and office Uses.

Those allowed by the Airport Master Plan

Agriculture and Agriculture Related Uses.

Agricultural animals, subject to the use-specific standards of 3.2.5A.

Farm, orchard or truck garden.

Grazing.

Industrial, Communications, Transportation and Automobile-Related Uses Airport.

Conforming Uses only. All uses in the AL District shall be subject to the height and use standards as prescribed in this LUC or as prescribed in State or Federal standards.

Creation of Airport Hazards Prohibited. No variance, permit, or use shall be allowed that would create or enhance an airport hazard.

General Use and Operational Limitations. No use shall be permitted which:

Residential Use Limitation. All allowed residential uses shall be shown on the Airport Layout consistent with the Airport Master Plan, and be restricted for airport personnel only.

Height Limitation. The maximum height for all structures, except for the airport tower, air service buildings and facilities approved as part of the Airport Layout Plan, shall be 35 feet. The height of the airport tower, air service buildings and facilities shall be in accordance with the Airport Layout Plan. Notwithstanding the foregoing, in no case shall a structure be at a height that creates or tends to create an airport hazard.

Architecture and Landscaping.

Promote flexibility in the siting of structures so as to preserve and take advantage of the site’s unique, natural, resource or scenic features and to avoid or mitigate any hazardous area;

Provide density bonus incentives in the interest of creating affordable housing, workforce housing, and beneficial open space;

Encourage more efficient use of land and public streets, utilities, and governmental services;

Promote a clustering development pattern in the interest of preserving rural character;

Preserve open space for the benefit of residents of developments and the community;

Achieve a compatible land use relationship with surrounding areas; and

Promote greater variety in the type and design of buildings and thereby improving the character and quality of new development.

Open space that promotes the preservation of productive agricultural land (see Section 10.2).

Open space that promotes access to public lands, connections to existing or planned trails, and riparian and historic trail corridors. Such open space shall be freely accessible to the general public, and clearly identified by on-site signage. Trails shall be constructed in accordance with Section 7.4 and maintained by the mandatory homeowners association in accordance with Section 9.6.

A statement by the applicant describing how the proposed development provides greater benefits to the County than would a development carried out in accordance with otherwise applicable zoning and development regulations;

Identification of lands that include public drinking water supply watersheds (recharge areas for the aquifer in the Glen Canyon formation); floodplains and riparian habitats; slopes in excess of 30 percent, and significant geological, biological, and archeological sites (not all of these will apply to every parcel);

Identification of site planning features designed to ensure compatibility between on-site residential and nonresidential uses, and with the surrounding neighborhood and land uses;

A narrative addressing the proposed development explaining and tabulating the land uses by gross acre, number of dwelling units by housing type, residential density and/or square footage of nonresidential uses per gross acre, common area and open space acreage, potential traffic generation, overall character and architectural style, the relationship of the proposed development to existing development in the area and other related development features;

A site plan prepared in accordance with the requirements of Section 9.17 shall be approved and filed with the findings of fact as part of the approval, including but not limited to major roads, trails and trail connections, major utilities, existing and proposed land uses, common area, open space, landscaping plan, a conceptual drainage plan and entrance locations on existing roads;

Dimensional standards to be modified within the -PUD district relative to the underlying base district standards;

A statement of how the proposed development is consistent with the General Plan; and

Other relevant information as may be requested by the Zoning Administrator.

Land for public facilities pursuant to the provisions of Section 6.13.7, Extraordinary Impact; including but not limited to, public schools, fire stations, water storage, well fields, public parks and trails that are necessary to serve the development;

Easements for scenic corridors or preservation that benefit the general public;

Rights-of-way for non-mechanized trails shall be dedicated as necessary to maintain historic access to public lands and trail connections to surrounding area and as part of the Grand County Master Plan for Non-Motorized Trails (Trail Mix); such dedications shall also include documented or verifiable historic trails perhaps not included in the Trail Mix; and

Historic sites and buildings.

Reducing the adverse visual impacts of structures which, because of size, scale, color or location, are out of harmony with the neighborhood in which they are to be constructed.

Minimizing disturbances to the natural terrain and existing significant vegetation; enhancing drainage; reducing soil erosion; and otherwise maximizing compatibility with the regulations of this LUC.

It is the intent of this section that the County shall exercise the minimum control necessary to achieve the overall objectives thereof.

The following minor amendments to -PUD master plans shall be reviewed and, if appropriate, approved by the Zoning Administrator:

The applicant requesting such change shall notify the property owners’ association, at least 15 days prior to any decision, that would be affected by the change of the request and ask that all comments be directed to the Zoning Administrator. Proof of such notification shall be provided to the Zoning Administrator. If the Zoning Administrator determines that the change does not have the support of the affected property owners, the request will be referred to the Planning Commission for review.

All uses shall be Conditional Uses and may be allowed only in accordance with the provisions of Section 9.11; and

Uses constituting pollution sources, as defined under the Rules of the Drinking Water Division of the State of Utah, shall be denied.

A hydrological study may be required as a condition of any land use and/or development approvals, where such land use and/or development could reasonable harm culinary water supplies;

Animals and animal units may be restricted or prohibited in the –WSPO district as necessary to protect the underlying aquifer and to ensure compliance with the Drinking Water Source Protection Rules of the Drinking Water Division of the State of Utah; animal feeding operations exceeding one animal unit per 10 acres are prohibited;

All development shall be setback at least 100 feet from the normal high water line of springs, streams and major drainage ways;

No onsite wastewater disposal systems (i.e., septic systems) or wells shall be permitted, unless the applicant demonstrates to the satisfaction of the County that the risks to water quality are reasonably mitigated;

No underground storage tanks used to store hazardous substances shall be permitted;

All sewer mains and service lines shall be constructed in accordance with State of Utah, Division of Drinking Water Rule R309-515-6(4); all sewer mains shall be accepted by the applicable service provider for ongoing operation and maintenance;

All stormwater runoff from developed roads and lots shall receive water quality treatment prior to entering the stormwater system; provision shall be made for the ongoing maintenance and repair of all stormwater facilities be stipulated (See also Section 6.7, Drainage);

Development in the –WSPO district shall be subject to the County approval of a site specific construction practices plan that addresses such items as spill mitigations, handling of equipment lubricants and fuels, construction trash collection, etc.;

Construction plans shall include a construction stormwater pollution prevention plan that addresses temporary controls to be employed during construction activities; and

Protective covenants be adopted that serve to discourage the use of household herbicides, pesticides, and fertilizers with an explanation about Water Source Protection.

Additional conditions may be established at the time of development approval as necessary to accomplish the purposes of the –WSPO district.

Alternative Compliance Deviations from the above standards may be approved by conditional use permit approved pursuant to Section 9.11 where the applicant demonstrates to the County Commission satisfaction that the deviations or alternative standards will better achieve the purpose for the district than will the above standards.

Grand County’s effort to achieve or maintain a balanced ratio of mixed uses in the County, including residential, lodging, and commercial uses; and

Energy.

Water.

Transportation.

Mixed Use.

Open Space.

Height.

Density and Scale.

Site Configuration.

Building Design.

Materials and Colors.

Bed and Breakfasts. Bed and breakfasts shall comply with the standards of this section:

Dude Ranch or Destination Resort. Dude ranches and destination resorts shall be permitted in the OAO-Hotel/Motel Districts. All dude ranches or destination resorts shall comply with the standards of this section:

Recreational Vehicle, Campground, and Travel Trailer Park. Recreational vehicle, campground, and travel trailer parks shall comply with the following standards:

Residential Units Used for Overnight Accommodations. Residential units used for overnight accommodations shall comply with the following requirements:

Preapplication Conference. Prior to submission of an -OAO District application, as defined in this section, the developer or subdivider shall meet with the Community Development Director or their designee(s), including other County staff deemed desirable or necessary by the Community Development Director, to discuss the procedures, standards, and regulations hereunder. Uses allowed in the -OAO Districts shall comply with the use-specific standards of Article 3 and development standards of Articles 6 and 7.

Procedure. An -OAO District application shall be reviewed and approved in accordance with the procedures of Section 9.2, Text and Zoning Map Amendments (Rezonings), and shall be considered to be a Zoning Map amendment.

Application. A developer or subdivider shall submit an -OAO District application with the information contained in Section 9.2.3 together with a development agreement, master plan, and conceptual site plan as follows:

Recordation. The developer or subdivider shall record the development agreement and master plan in the real property records of Grand County, Utah, prior to recordation of a final plat approved hereunder or issuance of a building permit for any unit within a site plan approved hereunder. Once approved, the development agreement and master plan may not be amended or modified without reapplication to the County.

Effect. Review and consideration of an -OAO District application is a discretionary legislative decision. Further, approval of an -OAO District application does not constitute site plan, preliminary plat, or final plat approval. Rather, such approval shall be deemed approval of permission to develop under the standards of this section and the master plan.

Lapse of Approval. The -OAO District approval shall automatically expire and be void unless the County approves and developer records a site plan or final plat for the overnight accommodations development in accordance with Section 9.5 or 9.17 within 24 months of the date of -OAO District approval.

Conflict. In the event of conflict between the provisions of Section 9.2 and this Section 4.6.7, this section shall control.

Facilitating the provision of new housing units used for primary residential occupancy by actively employed households;

Achieving the goals of the housing element of the County’s General Plan;

Implementing the policies and goals of the housing element of the County’s General Plan;

Encouraging the development of new high quality housing units by assisting both the public and private sector in making the provision of these units economically viable; and

Encouraging the provision of primary residential housing through the combination of multiple-family and single-family residential zoning districts within the County where the residential housing projects are determined to be feasible and are consistent with the County’s General Plan.

Residential developments at a density greater than normally permitted by the underlying zoning district as described in the table below, when a subdivider or developer ensures a minimum of 80 percent of lots or units developed on the property are deed restricted for primary residential occupancy for actively employed households. HDHO lots and units may be owner-occupied or renter-occupied as long as the residents meet the occupancy and active employment requirements of this subsection A. The maximum density (units/acre) limit shall be based on a calculation that includes all existing and all new units on the land area that is being included in the calculation. Residential development qualifying for greater density pursuant to the provisions of this section shall be permitted to obtain such density by constructing residential housing types not otherwise allowed in the underlying zoning district. For example, multifamily units may be constructed in a single-family residential zone.

Accessory uses or structures incidental to the principally permitted use pursuant to Section 3.3. Any accessory dwelling unit permitted under Section 3.3 in an HDHO development shall meet the occupancy and active employment requirements of subsection A of this section.

Eligibility. In order to reduce costs associated with the development and construction of primary residential housing, the property development standards set forth in subsection B of this section are established for and shall apply to all HDHO developments within the HDHO Districts upon approval of a site plan or preliminary plat approval.

Property Development Standards. The following development standards shall apply to HDHO developments within the HDHO Districts:

General. HDHO lots and units shall be used for primary residential housing for actively employed households in perpetuity.

Deed Restriction. The following deed restriction shall be integrated into the development agreement, the master plan, each final plat or site plan, and each deed of conveyance: The Property shall be used for Primary Residential Housing for Actively Employed Households as required by Grand County Land Use Code, Section 4.7, High Density Housing Overlay Districts, in perpetuity. As such, upon sale of any HDHO unit, the Title Company shall provide a Notice of Sale to HASU and the County for the purpose of verifying the buyer is an Actively Employed Household.

The Property is further subject to a Development Agreement and Master Plan recorded against the Property in the real property records of Grand County, Utah.

Grand County reserves the right to revoke, deny or suspend any permit, including a land development permit, conditional use permit, building permit, certificate of occupancy, or discretionary approval upon a violation or breach of this Deed Restriction by a record owner of any HDHO Lot or Unit in Grand County.

Enforcement. In addition to other remedies preserved herein, Grand County reserves the right to revoke, deny or suspend any permit, including a land development permit, conditional use permit, building permit, certificate of occupancy, or discretionary approval upon a violation or breach of this section by a record owner of any HDHO lot or unit in Grand County.

General. As a further inducement to the development of primary residential housing beyond the relaxation and flexibility of development standards, the County, where appropriate, may also extend one or more development incentives to an HDHO development, as set forth in subsection B of this section, the selection of which shall depend on the quality, size, nature, and scope of the development being proposed. Incentives shall be targeted to improve the development design or to yield the greatest number of HDHO units, so as to permit the County to meet its estimate of additional housing needs and the goals of the housing element of the County’s General Plan.

Additional Development Incentives. The County may also offer impact fee deferrals or waivers, property tax abatements, or direct financial contributions should the County Commission determine that such incentives are warranted and in the best interest of the County.

Preapplication Conference. Prior to submission of an HDHO District application, as defined in this section, the developer or subdivider shall meet with the Community Development Director or their designee(s), including other County staff deemed desirable or necessary by the Community Development Director, to discuss the procedures, standards, and regulations hereunder.

Procedure. An HDHO District application shall be reviewed and approved in accordance with the procedures of Section 9.2, Text and Zoning Map Amendments (Rezonings), and shall be considered to be a zoning map amendment.

Application. A developer or subdivider shall submit an HDHO District application with the information contained in Section 9.2.3 together with a development agreement, master plan, and conceptual site plan as follows:

Recordation. The developer or subdivider shall record the development agreement and master plan in the real property records of Grand County, Utah, prior to recordation of a final plat approved hereunder or issuance of a building permit for any unit within a site plan approved hereunder. Once approved, the development agreement and master plan may not be amended or modified without reapplication to the County.

Effect. Review and consideration of an HDHO District application is a discretionary legislative decision. Further, approval of an HDHO District application does not constitute site plan, preliminary plat, or final plat approval. Rather, such approval shall be deemed approval of permission to develop under the standards of this section and the master plan.

Lapse of Approval. The HDHO District approval shall automatically expire and be void unless the County approves and developer records a site plan or final plat for the HDHO development in accordance with Sections 4.7.9 and 9.5 within 24 months of the date of HDHO District approval.

Conflict. In the event of conflict between the provisions of Section 9.2 and this Section 4.7.8, this section shall control.

Application Procedure. Review of an HDHO development plat or site plan is an administrative decision, which shall be consistent with the County’s prior legislative approval of an HDHO District, the development agreement, and the master plan.

HDHO Development Preliminary Plat and Final Plat. Each subdivider shall submit and the County shall review a preliminary plat application and final plat application in accordance with Sections 9.4 and 9.5, Preliminary Plat and Final Plat, and this Section 4.7.

HDHO Development Site Plan. Each developer of a mixed use or multifamily residential HDHO development shall submit and the County shall review a site plan application in accordance with Section 9.17, Site Plan Review, and this Section 4.7.

In the event of conflict between the provisions of Section 9.4, 9.5, or 9.17 and this Section 4.7.9, this section shall control.

Penalties for Violation. As more particularly set forth in Section 1.9, Penalties for Violation, any person, firm, entity, or corporation violating any provision or failing to comply with any provision of this section shall be guilty of a Class C misdemeanor. Without limiting the generality of the foregoing, it shall also be a Class C misdemeanor for any person, firm, entity, or corporation to sell or rent an HDHO lot or unit to a household not qualified under this section. It shall further be a Class C misdemeanor for any person, firm, entity, or corporation to provide false or materially incomplete information to the County or its designee or to a seller or lessor of an HDHO lot or unit to obtain occupancy of housing for which the person is not eligible.

Legal Action. In addition to the remedies set forth in Section 1.9, the County may institute any appropriate legal actions or proceedings necessary to ensure compliance with this section, including:

Prioritize the preservation of the natural beauty and ecological quality of the gateway to Moab and facilitate the use and enjoyment of the area while providing opportunities for development that enhances the character of the area while not impeding its scenic value;

Recognize this area as a gateway to the valuable scenic amenities of the greater Moab area, and as an introduction to the character and outdoor ethics of the community;

Protect and preserve the recreational and conservation uses of the area;

Preserve and support the natural and ecological quality of the area including night skies, water quality and quantity, native vegetation and biome, natural quiet, and contiguous open space used as habitat by local wildlife;

Support development that balances conservation, recreation, and ecological goals; and

Fulfill the community vision for the area when the opportunity arises through smart redevelopment to protect and preserve the area for future generations to enjoy.

All real property leased to a private person, as defined in Section 10.2, or privately owned included in the following map (“Seven Mile Area”), for the purpose of protecting the views of the surrounding area, acknowledging the status of US Highway 191 and Utah State Route 313 as scenic byways, and protecting the view from Arches National Park into this area.

Property Development Standards. The following development standards shall apply to all development of real property within the boundaries of the SRPD:

Application Procedure. Review of an SRPD subdivision plat or site plan is an administrative decision, which shall be consistent with this section.

SRPD Development Site Plan. Each developer of a parcel located within an SRPD shall submit and the County shall review a site plan application in accordance with Section 9.17, Site Plan Review, and this section.

ADO developments are preferred in the following Zoning Districts: Multifamily Residential (MFR), Small Lot Residential (SLR), Large Lot Residential (LLR), Highway Commercial (HC), General Business (GB), Neighborhood Commercial (NC), or within a future land use designation which calls for multifamily residential, such as eight to 18 units per acre (per updated Future Land Use Plan of the 2030 General Plan);

Compatibility with existing community characteristics, existing density, or future land use designation;

Historic use of the subject property, including a historic use of alternative dwellings;

Traffic Impact. As a general rule, ADOs should be limited to parcels with main egress and ingress located on an arterial or collector street per the Unified Transportation Master Plan;

Commute Time. Consider location of ADOs in relation to existing commercial areas, proximity to where jobs are located, and in relation to multimodal transportation options either existing or planned;

Relative impact on water resources as compared to a large lot single-family dwelling development, as data is available.

Overall design of the proposed development, including site design, landscaping, active open space provided, any amenities included, such as storage spaces or other communal spaces.

Overnight accommodations are strictly prohibited in ADO districts. The County reserves its full civil and criminal remedies when enforcing violations of this section pursuant to Section 4.9.8.

Alternative dwelling developments shall be rented for terms of at least 60 consecutive days by tenants or their employer.

Use Regulations. Uses allowed in the ADO Districts shall be as specified in the underlying base district together with permissible alternative dwellings. Accordingly, ADO developments shall be allowed to incorporate new residential and commercial uses otherwise allowed by the underlying base district within allowable building coverage maximum percentages of the underlying zoning district set forth in Section 5.4.1.

Public Utility Service and Wastewater Management. ADO developments shall be served by public water and sewer facilities, as follows:

Height, Density and Scale.

Site Configuration, Internal Circulation, and Parking.

Common Space, Landscaping, Screening and Design.

Procedure. A preliminary “intent to apply” application shall be submitted to the Planning and Zoning Department for review by the Commission. Intent to apply applications will be screened for compatibility with approval criteria in Section 4.9.2. ADO projects that are given preliminary approval may then submit a full ADO District application, which shall be reviewed and approved in accordance with the procedures of Section 9.2, Text and Zoning Map Amendments (Rezonings), and shall be considered to be a Zoning Map amendment.

Intent to Apply. Applicants shall submit an intent to apply (ITA) form and a preliminary Master Plan and Narrative to the Planning and Zoning Department prior to submitting a full ADO rezone application. ITA submissions will be accepted three times in the year 2023, once in January, once in May, and once in September. The Planning Department will set exact dates for 2023 ITA submission deadlines. The Commission will review ITA submissions at a public meeting, and select those projects which best fit the ADO approval criteria. Those selected projects may move forward with a full ADO rezone application in accordance with subsections C and D of this section. The intent to apply Narrative and preliminary Master Plan shall contain the following:

Application. A developer shall submit an ADO District application with the information contained in Section 9.2 together with a Development Agreement and Deed Restriction on the form provided by the County and Master Plan as follows:

Approval. Application for an ADO District is a rezone request, and as such shall adhere to the procedures outlined in Section 9.2, Text and Zoning Map Amendments, except for the provisions stated herein. The Grand County Commission is the Land Use Authority.

Recordation. The developer shall record the Development Agreement, Deed Restriction and Master Plan in the real property records of Grand County, Utah, immediately upon approval.

Effect. Review and consideration of an ADO District application is a discretionary legislative decision. Further, approval of an ADO District application does not constitute site plan, preliminary plat, or final plat approval. Rather, such approval shall be deemed approval of permission to develop under the standards of this section and the Development Agreement and Deed Restriction and Master Plan.

Lapse of Approval. The ADO District approval shall automatically expire and be void unless a site plan is approved for the development within six months of ADO District approval, and if certificate of occupancy is not issued within two years of ADO District approval. An extension of up to six months may be granted, upon written request from the applicant and approval of the County Commission of an amended Development Agreement.

Conflict. In the event of conflict between the provisions of Section 9.2 and this Section 4.9.6, this Section 4.9.6 shall control.

Investigation. The County’s right to investigate a violation or alleged violation of this section under Section 1.8 shall include the right to inspect the agreement between owner and tenant or employer evidencing the term of occupancy required in Section 4.9.4.

Penalties for Violation. As more particularly set forth in Section 1.9, Penalties for Violation, any person, firm, entity, or corporation violating any provision or failing to comply with any provision of this section shall be guilty of a Class C misdemeanor. Fines of up to $10,000 per violation, per day may be assessed if illegal overnight accommodation activity does not cease and desist.

Legal Action. In addition to the remedies set forth in Section 1.9, the County may institute any appropriate legal actions or proceedings necessary to ensure compliance with this section, including: