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Moab City Zoning Code

17.31 RC

Resort Commercial Zone

17.31.010 Objectives and characteristics.

The RC resort commercial zone is intended for site design concepts that implement the Moab/Grand County North Gateway Plan (“Gateway Plan”), an amendment to the City of Moab General Plan. The district is designed to create a positive first impression of the city of Moab and Grand County and to encourage mixed residential and commercial development, including resort guest-oriented and local-oriented commercial uses in an urban setting. In addition to the use and area regulations of this section, development in the RC resort commercial zone shall be in compliance with all other applicable provisions of this code. If conflict arises between this chapter and other parts of the city code, the more restrictive shall apply. (Ord. 02-04 (part), 2002)

17.31.020 Permitted uses and regulations.

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

1. Accessory buildings and uses.

2. Bars.

3. Brewpubs.

4. Caretaker or guard residence, accessory.

5. Custom personal services.

6. Eating establishments.

7. 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.

8. Gasoline service station, subject to the supplementary regulations of Section 17.31.050(B).

9. General retail (indoors).

10. Multi-household dwellings.

11. Municipal facilities and services.

12. Office, business or professional.

13. One-household dwelling and accessory uses.

14. Outdoor recreational uses, commercial.

15. Outfitters and guide services and facilities.

16. No new recreational vehicle/travel trailer parks are allowed. Established recreational vehicle/travel trailer parks as identified on the Existing Overnight Accommodations Map are considered legal conforming uses and shall be subject to the supplementary regulations of Section 17.31.050(C).

17. Restaurant with Outdoor Dining, Permanent.

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.

18. Restaurants with Outdoor Dining, Seasonal.

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.

19. Single-household dwelling.

20. Two-household dwelling and accessory units.

B. Large-Scale Retail Prohibited – Large-Scale Commercial Uses Allowed. As defined in Chapter 17.80, large-scale retail development comprising a retail use in a single building in excess of thirty thousand square feet is not permitted in the resort commercial (RC) zoning district. Other uses permitted in this chapter which would constitute large-scale commercial development are permitted in the RC zoning district, subject to the criteria in Chapter 17.80. No new overnight accommodations are permitted. All other uses permitted in the RC district shall be subject to the remaining criteria of this chapter. (Ord. 21-13 § 5, 2021; Ord. 21-12 § 2, 2021; Ord. 19-18 § 2.5, 2019: Ord. 19-13 § 19, 2019; Ord. 18-01 (part), 2018: Ord. 17-18 (part), 2017; Ord. 09-08, 2009)

Editor’s note: Ord. No. 09-08, adopted June 9, 2009, repealed the former § 17.31.020, and enacted a new § 17.31.020 as set out herein. The former § 17.31.020 pertained to similar subject matter and derived from Ord. No. 02-04, 2002.

17.31.030 Area, width, and location requirements.

A. Non-residential development in the RC, resort commercial zone shall be subject to the following standards:

1. Minimum lot area: ten thousand eight hundred ninety square feet (one-quarter acre);

2. Minimum front and street side setbacks:

a. Highway 191 right-of-way: zero feet, except for single and two household dwellings which shall be twenty-five feet;

b. All others: twenty-five feet.

3. Minimum interior side setback: ten feet;

4. Minimum rear setbacks: ten feet;

5. Minimum lot width: None;

6. Maximum height shall be forty feet for principal structures and sixteen feet for accessory structures.

B. Residential Area and Bulk Standards. Residential development in the RC, resort commercial zone shall be subject to the following standards:

1. Minimum lot area:

a. Dwelling, single-household: nine thousand square feet;

b. Dwelling, two-household: nine thousand square feet;

c. Dwelling, multi-household: two thousand five hundred square feet

2. Minimum front and street side setbacks: zero feet, except for single and two household dwellings which shall be twenty-five feet;

3. Minimum rear and interior side setbacks: ten feet;

4. Minimum lot width:

a. Single-household and two-household dwellings: eighty feet;

5. Maximum height:

a. Principal uses: twenty-four feet;

b. Accessory uses: sixteen feet. (Ord. 19-13 § 21 (part), 2019; Ord. 17-18 (part), 2017; Ord. 02-04 (part), 2002)

17.31.040 Special provisions.

Where the standards of this section are in conflict with other requirements of this Land Use code, the more restrictive shall apply.

A. Building Design. All land uses and structures shall:

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

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

3. Utilize indigenous, regional architectural styles and materials for all structures - use of standard corporate image architecture is prohibited. The architectural style of all structures shall be complementary to that of other structures in the area or vicinity;

4. Exhibit a unity of design for buildings within multi-building complexes through the use of similar elements such as rooflines, materials, window arrangement, sign location, and details;

5. Incorporate, within all walls over one hundred feet in length, at least four recesses, off-sets, balconies, angular forms and other features within each one hundred foot length to provide a visually interesting shape;

6. 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.

B. No dust, odor, smoke, vibration, directed illumination, or intermittent glare or noise shall be emitted which is discernible beyond the premises, except for normal traffic movements.

C. Site Design.

1. Locate some or all of the structures on each lot directly adjacent to the front, Highway 191 (east side) or to the “build to” line (west side) as established by the Grand County North Corridor “Build To” Line Location Map unless it can be shown to the satisfaction of the Planning Commission that building to the front lot line or to the “build to” line is impractical because of topography. Parks and plazas can cover up to twenty percent of the frontage.

2. Locate most, at least eighty percent, of required parking on the side or in the rear of each land use or structure;

3. Provide public trails and/or sidewalks along all street frontages and as necessary to implement the trails plan illustrated on the Gateway Plan’s Future Land Use Plan. Trails and sidewalks shall be constructed in accordance with the requirements of city standards;

[See Gateway Plan for more illustrations.]

4. Each lot shall include meaningful open space intended for use by all occupants of a development. This space may include recreation-oriented areas. In no case shall open space be less than twenty-five percent of the total lot area;

5. Minimize new highway access points in accordance with the requirements of a site specific UDOT permit to be obtained for each new use or change in use;

a. Provide cross or through-access connections to adjacent areas, where possible;

D. Parking Lots. Design parking areas so as to provide reasonable connectivity between adjacent parking areas on other sites without encouraging through traffic.

E. Landscaping. In addition to the supplementary regulations of Section 17.31.050(D), the following standards shall apply:

1. Landscape Parking Lot Buffer. Maintain a minimum thirty-five foot depth landscape setting where parking occurs between a building and Highway 191 or its frontage roads. (Note: Parking behind buildings is preferred. Buildings may be built with zero front setbacks.)

2. Break-up Large Parking Areas. Break-up large parking areas into smaller areas with intermittent landscaping and/or buildings. For parking lots over four thousand square feet, at least five percent of the interior of the lot shall be landscaped so as to define aisles and limit unbroken rows of parking. End of aisles and corner areas shall be curbed and landscaped. Unbroken parking rows shall not exceed one hundred fifty feet.

3. Right-of-Way Landscaping. Landscaping of all street and highway rights-of-way contiguous to the proposed development site not used for street pavements, curbs, gutters, sidewalks, or driveways shall be required. Within private property, street trees shall be provided as required by Section 17.31.050(D). Any landscape areas in the public right-of-way shall comply with the criteria of the Utah Department of Transportation.

F. Signage. All lighted signs shall comply with Section 17.93.075.

1. Directional signs shall not be illuminated.

2. Window signs.

a. Window signs may be internally illuminated with the use of exposed neon lighting; provided, however, that there shall be a maximum of one window sign per use.

b. Such sign shall be limited to nine square feet per window panel.

c. Sign copy shall be limited to business identification, “open” or “closed”, and a graphic symbol, or any combination thereof. In no case shall product signs be allowed.

d. Freestanding Signs. All free-standing signs shall:

i. Be monument-style; i.e., mounted on a base (above grade) of wood, brick or stone, which is detached from any building, and built with continuous background surface from the ground up;

ii. Be limited to a maximum height of eight feet, a maximum width of ten feet, and a maximum square footage of twenty-four square feet; provided, however, where such a sign is not internally illuminated the maximum square footage shall be forty square feet;

iii. Be placed within a landscaped setting containing not less than one hundred twenty square feet;

iv. Be architecturally integrated with the building by including materials, shapes and/or colors utilized in the building design; and

v. Identify the principal land use on site with one such sign per street frontage;

e. Wall Signs. No part of a wall sign shall extend above a roof line, and all wall signs shall:

i. Be architecturally integrated with the building by including materials, shapes and/or colors utilized in the building design;

ii. Identify the principal land use on site with one such sign per street frontage;

iii. Be limited to twenty-four square feet; provided, however, where such a sign is not internally illuminated the maximum square footage shall be forty square feet;

iv. Be limited to a maximum height of five feet; and

v. Such signs shall have a maximum width of ten feet;

f. Directional Signs. Direction signs shall be allowable off-site to provide directions to businesses located within one thousand feet, provided:

i. The maximum number for each driveway or street shall be one sign;

ii. The maximum height shall be three feet;

iii. The maximum area shall be four square feet;

iv. The maximum area of a business name or logo shall be one square foot;

v. Where a driveway is shared the maximum area of such sign shall be eight square feet;

vi. Where a driveway is shared the maximum area of a business name or logo shall be two square feet. (Ord. 23-14 § 4, 2023; Ord. 19-03 Att. 1 (part), 2019; Ord. 02-04 (part), 2002)

17.31.050 Supplementary regulations.

Notwithstanding other provisions of this title to the contrary, the following supplementary regulations shall apply to all development in the RC, Resort Commercial District:

A. Outdoor Lighting. An outdoor lighting plan shall be submitted with the site/development plan.

1. All outdoor lighting shall comply with the requirements of Sections 17.09.060 through 17.09.069.

B. Gasoline Service Stations. All gasoline service station pumps shall be set back at least twenty feet from all property lines.

C. Recreational Vehicle/Travel Trailer Parks. A recreational vehicle/travel trailer park and incidental facilities shall comply with the standards in this section:

1. RV/travel trailer parks shall be occupied only by persons using travel trailers, truck campers, small cabins without plumbing (traditional KOA-style), and tents for overnight, short duration, or seasonal camping;

2. Each space RV/travel trailer space shall be at least one thousand two hundred square feet in area;

3. Each cabin or tent space shall be at least eight hundred square feet in area;

4. Each space shall be at least thirty feet in width;

5. Each park shall be served by central water and sewer facilities;

6. No space shall be located more than two hundred feet from a water and sewage service building;

7. The City may require landscaping and screening pursuant to the provisions of the City code; and

8. One tree of a species suitable for the area shall be provided for each two spaces, and shall be located in close proximity to those spaces. (Existing trees on the site may be used to satisfy this requirement.)

D. Landscaping and Screening.

1. Purpose. This section is designed to provide standards for the installation and maintenance of landscaping, walls and screening devices so as to promote the general welfare of the community. This is accomplished by encouraging the creation of an attractive appearance along streets and highways and by screening from view those uses that may be unattractive to the public eye. Landscaping materials, including ground covers, shrubs, and trees further facilitate the control of erosion and the reduction of glare and dust, as well as the visual softening of building masses. Low water use plant materials are preferred, but not required, for required landscaping. Walls and screening devices allow for the separation of incongruous uses and for the buffering of road noise and intensive activities. Landscaping, walls and screening devices together, help to effectuate privacy, logical development, and enhancement of property values.

2. Applicability. This section shall apply to all multi-household and non-residential development, provided that a onetime expansion of the floor area of buildings on a lot or building tract not exceeding twenty-five percent of the existing floor area shall not be subject to the requirements of this article.

3. General Requirements.

a. Landscape and Site Plan. Any proposed building or use shall be shown on a landscape and site plan indicating:

i. The location of existing and proposed buildings, parking areas, street improvements;

ii. Locations and general types of landscaped treatment areas i.e., lawn areas, low-water use areas, and inorganic areas;

iii. Proposed plant or inorganic materials to be used in each treatment area;

iv. The underground irrigation system to be used in each planted area; and

v. Walls and screening devices.

b. Location of Utilities. Proposed utilities shall be located, when possible, so that their installation will not adversely affect vegetation to be retained on a site.

c. Installation. Landscaping, underground irrigation systems, walls and screening structures shall be installed in accordance with the approved landscape or screening plan prior to issuance of a final Certificate of Occupancy for the building or use. The building official may grant a temporary Certificate of Occupancy during the winter months when installation is impracticable or not feasible.

d. Maintenance Requirements.

i. Landscaped areas shall be reasonably maintained by the owner or the lessee of the property, including pruning, trimming, watering, and other requirements necessary to create an attractive appearance for the development. Lack of maintenance of required landscaping material shall constitute a violation of this code.

ii. Any plant materials not surviving shall be replaced within thirty days of its demise or in the next appropriate season.

e. Landscaping Standards. All undeveloped areas of the street yard of each lot or tract and the adjacent right-of-way shall be landscaped with trees, shrubs, grasses, ground cover or other organic and inorganic materials that create an attractive appearance in accordance with the requirements of this section. Smooth concrete or asphalt surfaces are not considered landscaping.

i. Shrubs, Trees and Grasses. Use of locally appropriate shrubs, trees and grasses or plants with low-water demand characteristics is encouraged, but not required, in all cases in order to minimize the consumption of water.

ii. Trees. One tree shall be utilized per one thousand square feet or fraction thereof (in no case closer than thirty-five feet apart) of required landscaped area, provided, however, the Planning Commission may waive this requirement where it finds that trees are either impractical due to water supply problems or inappropriate to the natural setting; and,

iii. Shrubs, Grasses, Ground Covers, and Inorganic Materials. Any combination of shrubs, grasses, ground covers, and inorganic materials may be used for the balance of the required landscaping at the developer’s discretion.

iv. Existing Landscaping. To the extent practical, existing significant landscape features shall be preserved and incorporated into the final landscape and site plans. Existing landscaping may be used to meet the requirements of this Land Use Code if it meets the purpose and intent of this article and is included on the approved landscape plan. Such landscaping shall be protected during all phases of site development.

v. Minimum Plant Sizes. The following minimum plant size requirements shall apply in all cases:

Plant Type

Minimum Size

Deciduous Trees

1-2 inch caliper (measured 1 foot above ground)

Evergreen Trees

6 feet tall

Shrubs

5-gallon container size + 24 inches tall

Ground Cover

1-gallon container size with 12 inch spread

vi. Irrigation. All required landscaped areas shall include a permanent, underground irrigation system as defined herein to insure the long-term health and growth of the landscape. Where possible, irrigation systems shall utilize untreated, irrigation water instead of treated water. Irrigation system design shall take into consideration the xeriscape characteristics of plant materials used.

vii. Screening Standards. Where screening standards are required by this code, the following screening standards shall apply:

viii. Screening Materials. Screening may be accomplished by the use of plants, earth berms, walls or fences, or trees and shrubs in combination as necessary to produce an effective screening from view off-site of the use or facility requiring screening within a reasonable time period.

ix. Height of Screening Devices. The height of screening devices shall be measured from the highest finished adjacent grade of the element to be screened.

x. Screening Plant List. Plants used to satisfy any required screening standards shall be limited plants with a mature height of between six and fifteen feet and foliage. For reference to appropriate plants and trees see the publication Urban & Community Forest: A Guide for interior Western United States, Department of Agriculture, 1990.

xi. Parking Areas. The perimeter of all parking areas shall be screened to a minimum height of three feet above the highest finished grade of the parking area. The minimum width of the landscaped street buffer from the street line to the parking area shall be fifteen feet.

xii. Outdoor Storage Areas. All outdoor storage areas for materials, trash, mechanical equipment, vehicles, or other similar items shall be screened from street view by a minimum six-foot high screening device. Such screening device shall consist either of plant material or a wall constructed of or finished with materials to match the main building of the site. (Ord. 19-13 § 21 (part), 2019; Ord. 19-03 Att. 1 (part), 2019; Ord. 02-04 (part), 2002)