Moab City Zoning Code
17.09 Supplementary
Requirements and Procedures Applicable within Zones
17.09.010 Intent.
The intent of this chapter is to accumulate under one heading, regulations which apply to two or more zones, rather than to repeat them several times. (Prior code § 27-3-1)
17.09.020 Yard space for one building only.
No required yard or other open space around an existing building, or which is hereafter provided around any buildings, which is needed to comply with the provisions of this title shall be considered as providing a yard of open space for any other building; nor shall any yard or other required open space on an adjoining lot whereon a building is to be erected or established. (Prior code § 27-3-2)
17.09.030 Every dwelling to be on a zoning lot.
Only one building which contains a dwelling shall be located and maintained on a zoning lot as defined in this title, except for dwellings within a townhome development, court apartment, a planned unit development, mobile home park and other large-scale development. (Ord. 11-16, 2011: prior code § 27-3-3)
17.09.035 Dwelling unit to front on public street.
Except as otherwise provided for in this title, at least one side of each lot used as a dwelling site shall abut upon a street which has been designated or dedicated to the public for street purposes and the length of such abutting side measured at the setback line shall be at least as great as the width required for dwelling sites in the zone in which such building site is located. (Ord. 06-01 (part), 2006: prior code § 27-3-28(E). Formerly 17.09.580)
17.09.040 Sale or lease of required space prohibited.
No space needed to meet the width, yard, area, coverage, parking or other requirements of this title for a lot or building may be sold or leased apart from such lot or building unless other space so complying is provided. (Prior code § 27-3-4)
17.09.050 Yards to be unobstructed – Exceptions.
Every part of a required yard shall be open to the sky and unobstructed except for permitted accessory buildings and except for ordinary and customary projection of sills, belt courses, cornices, and other ornamental features and unenclosed steps and unwalled stoops, porches, and carports, which may project up to three feet into a required yard. No projection into a required court which is provided in connection with a court apartment shall be constructed except for customary sills, belt courses, and cornices which may extend into the court not more than sixteen inches. (Prior code § 27-3-5)
17.09.060 Outdoor lighting – General provisions.
A. Title. Sections 17.09.060 through 17.09.069 shall be known and may be cited as the Moab Outdoor Lighting Ordinance (MOLO).
B. Purposes. The general purpose of the MOLO is to protect and promote the public health, safety and welfare, the quality of life, and the ability to view the night sky by establishing regulations and a process of review for outdoor lighting. This chapter establishes standards for outdoor lighting in order to accomplish the following:
1. To protect against direct glare and excessive lighting.
2. To provide safe roadways for motorists, cyclists, and pedestrians.
3. To protect and reclaim the ability to view the night sky and help preserve the resident quality of life and the tourist experience.
4. To prevent direct light trespass in all areas of the City.
5. To promote efficient and cost-effective lighting.
6. To ensure that sufficient lighting can be provided where needed to promote safety and security.
7. To allow for flexibility in the style of lighting fixtures.
8. To provide lighting guidelines.
9. To provide assistance to property owners and occupants in bringing nonconforming lighting into conformance with this chapter.
10. To work with other jurisdictions within Grand County to meet the purposes of this chapter.
C. Scope. All exterior lighting installed after the effective date hereof in all zoning districts in the City shall be in conformance with the requirements established by the MOLO. All existing lighting installed prior to the effective date hereof in all zoning districts in the City shall be addressed as follows:
1. All outdoor lighting that does not meet the requirements of this chapter and is not otherwise exempt shall be considered legal nonconforming or part of a legal nonconforming structure and shall be additionally subject to an amortization schedule outlined in Section 17.09.069.
2. Direct illumination shall be confined within the property boundaries of the source and shall comply with the special provisions sections for zoning districts, as they refer to glare and direct illumination.
3. In the event of any conflict between the provisions of Sections 17.09.060 through 17.09.069 and 17.93.075 and any other provision of the Moab Municipal Code, these sections shall control. (Ord. 23-14, 2023; Ord. 19-03 Att. 1 (part), 2019)
17.09.062 Outdoor lighting – Definitions.
A. For the purpose of Sections 17.09.060 through 17.09.069 and 17.93.075, the following definitions apply:
“Accent or architectural lighting” means lighting of building surfaces, landscape features, statues, and similar items for the purpose of decoration, ornamentation, creation of visual hierarchy, sense of liveliness, or other purpose unrelated to safety, business operation, or essential lighting function.
“Backlight” means all the light emanating behind a luminaire.
“BUG rating” means backlight, uplight, and glare rating, which exists on a scale of zero to five and may be used to describe luminaire optical performance in regards to light trespass, sky glow, and high angle brightness control.
Image by City of Ft. Collins, Colorado, and used here with permission.
“Correlated color temperature” (CCT) is a specification of the color appearance of the light emitted by a lamp, relating its color to the color of light from a reference source when heated to a particular temperature, measured in degrees Kelvin (K). The CCT rating for a lamp is a general “warmth” or “coolness” measure of its appearance. Lamps with a CCT rating below three thousand K are usually considered “warm” sources, while those with a CCT above three thousand K are usually considered “cool” in appearance.
“Direct illumination” means the area of intentional illumination emanating from a fixture generally formulated by shielding depth, illumination width, distance, and angle of illumination field, respective to the height and location of the illumination source, in context of property location and grade. This illumination pattern is typically represented by the high intensity cone of light ten percent or greater, emanating and expanding outward from the illumination source. This area is in contrast to the area outside of this high intensity cone, separately defined as light spill. Direct illumination shall be generally interpreted utilizing this formulation by the Zoning Administrator.
Direction Illumination Formulation
“Floodlight” means a fixture or bulb designed to “flood” an area with light. A specific form of bulb or fixture designed to direct its output in a specific direction. Such bulbs are often designated by the manufacturer and are commonly used in residential outdoor lighting.
“Fully shielded fixture” means an outdoor light fixture constructed and mounted so that the installed fixture emits no light above the horizontal plane. Where a light manufacturer provides a BUG rating, the uplight rating (U) must equal zero. Fully shielded light fixtures must be shielded in and of themselves; a light fixture must have the top and sides made of opaque material such that light only escapes through the bottom of the fixture. Fixtures with translucent or transparent sides, or sides with perforations or slits, do not qualify as fully shielded. Any glass or diffuser on the bottom of the fixture must be flush with the fixture (no drop lenses). Surrounding structures, like canopies, eaves, and patio covers, are not to be considered when determining if the fixture is fully shielded, unless specifically allowed. Fully shielded fixtures must be appropriately mounted so that the shielding prevents light from escaping above the horizontal plane and all light is directed downward.
Examples of fully shielded light fixtures.
“Glare” means the visual sensation caused by excessive brightness and which causes annoyance, discomfort, or a disability loss in visual performance or visibility.
“Internally illuminated,” as it relates to signs, means any sign which has a light source entirely enclosed within the sign and not directly visible to the eye.
“Light pollution” means any adverse effect of manmade light. Often used to denote “skyglow” from developed areas, but also includes glare, light trespass, visual clutter and other adverse effects of lighting.
“Light source” means the part of a lighting fixture that produces light, e.g., the bulb, lamp, or chips on board.
“Light trespass” means direct illumination that falls beyond the boundaries of the property where it originates.
“Lumen” means a unit of luminous flux equal to the light emitted by a uniform point source of one candle intensity. Lumens refers to the amount of light emitted by a bulb (more lumens equates to brighter light).
“Manufacturer’s catalog cuts” means a publication or other printed material of a bulb or lighting manufacturer offering visual and technical information about a lighting fixture or bulb.
“Net acre” means a gross acre excluding: public rights-of-way, lands with natural slopes greater than thirty percent, jurisdictional wetlands, lands in the one-hundred-year floodplain, public drinking water supply water sources (recharge areas for the aquifer in the Glen Canyon Formation), lands affected by immitigable geohazards, riparian habitats, archeological sites, and required open space.
“Outdoor light fixture” means a complete lighting unit consisting of a lamp(s) and ballast(s) (when applicable), together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Also known as a luminaire, or simply as a fixture.
“Recreational lighting” means lighting used to illuminate sports fields, ball courts, playgrounds, or similar outdoor recreational facilities.
“Safety lighting” means the minimum amount of lighting required by the Building Official or Zoning Administrator for the purpose of safety, as required or prescribed by standards and regulations specific to the application review. Examples include lighting for ingress/egress, doorways, pathways, and driveways.
“Skyglow” means the brightening of the nighttime sky resulting from the scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Skyglow is caused by light directed or reflected upwards or sideways and reduces one’s ability to view the nighttime sky.
“Spill, light” means illumination that reaches beyond the outside of the direct illumination area.
“Spotlight” means a fixture or bulb designed to light a small area very brightly. See definition of “Floodlight.”
“Temporary lighting” means lighting of a nonpermanent nature, not required for or qualifying as safety lighting, that plugs into an outlet and is not hard-wired.
“Temporary string lighting” means lighting of a nonpermanent nature, not required for or qualifying as safety lighting, that plugs into an outlet and is not hard-wired. Description and qualification of temporary string lighting includes, but is not limited to, ambient, string, café, or bistro lighting; determined by the Zoning Administrator.
“Total, light” means the sum of shielded and unshielded light.
“Total outdoor light output” means the total amount of light, measured in lumens, from all installed outdoor light fixtures on a property, using each manufacturer’s initial rated lumen output.
“Tower” means any monopole, antenna, or the like that exceeds eighteen feet in height.
“Unshielded fixture” means a fixture that has insufficient shielding to prevent light emission above the horizontal.
Examples of unshielded light fixtures.
“Uplight” means all the light emanating above the horizontal plane of a luminaire. (Ord. 23-14, 2023; Ord. 19-03 Att. 1 (part), 2019)
17.09.063 Outdoor lighting – Shielding and trespass requirements.
A. Unless specifically exempted by Section 17.09.068, all permanent and temporary outdoor lighting shall use fully shielded fixtures and shall be installed so light is directed downward with no light emitted above the horizontal plane of the fixture. Where a light manufacturer provides a BUG rating, the uplight rating (U) must equal zero.
B. All light fixtures shall be aimed and shielded so that the direct illumination shall be confined within the boundaries of the property from which it originates. Lighting shall not be aimed onto adjacent properties, except in cases of shared parking, shared pedestrian pathways, or for coordinated development sites spanning multiple parcels.
C. Light trespass onto adjacent public rights-of-way may be allowed subject to approval of the Zoning Administrator.
D. Lights controlled by motion sensors shall not be triggered by movement or activity located off the property on which the light is located. (Ord. 23-14, 2023; Ord. 19-03 Att. 1 (part), 2019)
17.09.064 Outdoor lighting – Total light output.
A. For commercial developments in the C-1, C-2, C-3, C-4, and RC Zones, the total outdoor light output shall not exceed fifty thousand lumens per developed acre. Such developments shall be permitted a minimum of five thousand lumens regardless of parcel size.
B. For commercial developments in the A-2, C-5, SAR, and I-1 Zones, for mixed-use commercial and residential developments, and residential multihousehold developments in all zones, the total outdoor light output of any such development shall not exceed twenty thousand lumens per net acre. Such developments shall be permitted a minimum of five thousand lumens regardless of parcel size.
C. For residential development of single-household, two-household, and ADUs in all zones, the total outdoor light output shall not exceed ten thousand lumens for parcels one-half acre or larger in size. Parcels smaller than one-half acre shall be permitted five thousand lumens.
1. Residential units used for overnight accommodations or other commercial uses shall comply with the residential standards for total light output.
D. Unshielded lighting shall not be permitted unless exempt, which unless expressly exempt, shall be incorporated into the total outdoor light output calculation.
1. Total outdoor light output exceptions:
a. Street lights used for the express purpose of illumination of public rights-of-way are excluded from total outdoor light output calculations.
E. A property may exceed the total light output limits if one hundred percent of the proposed lighting is comprised of the minimum, qualifying, and required safety lighting, given the fixture lumens are the minimum required to meet safety illumination standards. No additional lighting, or nonqualifying safety lighting, may be proposed beyond the required safety lighting if that required safety lighting meets or exceeds one hundred percent of the total light output calculation. (Ord. 23-14, 2023; Ord. 19-03 Att. 1 (part), 2019)
17.09.065 Outdoor lighting – Lighting hours.
A. Commercial establishments shall turn off all outdoor lighting one hour after the close of business, and remain off until business open, except for the following:
1. Commercial establishments located in C-3, C-4, and RC zones may leave all compliant outdoor lighting on until ten p.m. or until one hour after the close of business.
2. Compliant lighting to illuminate the entrance to the commercial establishment.
3. Compliant parking lot and pathway lighting required for the safety of guests or customers.
B. Recreational lighting (residential and commercial) shall be turned off by ten p.m. except to conclude a specific sporting event that is underway.
C. All legal, nonconforming lighting on residential properties shall be turned off by ten p.m. unless included in the exemptions listed in Section 17.09.068(C).
D. Commercial establishments located in C-3, C-4, and RC zones shall turn off all illuminated signage by ten p.m., or one hour after close of business, and remain off until business open. All other commercial establishments shall turn off all illuminated signage one hour after business close and shall remain off until business open. (Ord. 23-14, 2023; Ord. 19-03 Att. 1 (part), 2019)
17.09.066 Outdoor lighting – Lighting color.
All outdoor lighting shall utilize light sources with correlated color temperature not to exceed three thousand Kelvin.
Image by City of Ft. Collins, Colorado, and used here with permission.
(Ord. 23-14, 2023; Ord. 19-03 Att. 1 (part), 2019)
17.09.067 Outdoor lighting – Specialized outdoor lighting conditions and standards.
A. Roadway and street lights are prohibited unless recommended by the City Engineer or required by UDOT to provide for the safety of the public. All street lights shall utilize the lowest illuminance levels acceptable to the City Engineer and/or UDOT.
B. The overall height of any light post or tower used to illuminate parking lots shall not exceed twenty-five feet.
C. Outdoor recreation areas or athletic fields at publicly owned facilities may use illumination to light the surface of play, viewing stands, and pathways for the safety of the public that is not in strict conformance with the shielding and light color provisions of the MOLO. The following standards shall apply to outdoor recreation area or athletic field lighting:
1. The recreational lighting shall not exceed illuminance levels for Class IV sports lighting and shall follow the Illuminating Engineering Society lighting guidelines (RP-6).
2. The recreational lighting provides illuminance for the surface of play and viewing stands and not for any other areas or applications.
3. Illuminance levels must be adjustable based on the task (e.g., active play vs. field maintenance) and the lowest appropriate illuminance level shall be utilized based on the task.
4. Off-site and skyglow impacts of the lighting will be limited to the greatest practical extent possible.
5. The lighting for areas or applications outside the surface of play and viewing stands shall conform to all provisions in this chapter.
6. The recreational or athletic facility shall extinguish lighting exempted by this chapter no later than ten p.m. or one-half hour after the end of play.
7. The recreational lighting shall have timers that automatically extinguish lighting to ensure lights are not left on when the facilities are not in use.
D. Outdoor event venues may use illumination to light the performance area that is not in strict conformance with the shielding and lighting color provisions of the MOLO. The following standards apply to all event lighting:
1. Lighting used to illuminate the performance area must be either directed spotlighting or fully shielded lighting. If directed spotlighting, the light source shall be located and designed to minimize its visibility beyond the property boundaries.
2. Lighting used to illuminate the performance area shall only be turned on during events.
3. Lighting used to illuminate the seating areas, pathways, and other areas of the venue shall meet all standards of this chapter.
E. All illuminated signs shall comply with the standards of Section 17.93.075. (Ord. 23-14, 2023; Ord. 19-03 Att. 1 (part), 2019)
17.09.068 Outdoor lighting – Application and review procedures.
A. Lighting Plan. All sign permit applications, subdivision applications, site plan applications, building permit applications, and other development review applications within any zoning district shall include a lighting plan that shows evidence that the proposed lighting fixtures and light sources comply with this chapter. Lighting plans shall include the following:
1. Plans or drawings indicating the proposed location of lighting fixtures, height of lighting fixtures on the premises, and type of illumination devices. Plans shall also include information for lamps, supports, shielding and reflectors used, as well as installation and electrical details.
2. Illustrations, such as contained in a manufacturer’s catalog cuts, of all proposed lighting fixtures.
3. For commercial uses, photometric diagrams of proposed lighting fixtures are also required. In the event photometric diagrams are not available, the applicant must provide sufficient information regarding the light fixture, bulb wattage, and shielding mechanisms for the Planning Commission to be able to determine compliance with the provisions of this chapter.
4. A table showing the total amount of proposed exterior lights, by fixture type, wattage, lumens, and lamp type, for the purpose of calculating total outdoor lighting output.
B. Approval Procedure.
1. The lighting plan for all new development shall be submitted for approval concurrent with the associated application process.
C. Exemptions.
1. The following are exemptions from shielding and trespass requirements only, Section 17.09.063;
a. The lighting of federal or state flags; provided, that the light is a top-down and narrow beam aimed and shielded to illuminate only the flag.
b. Temporary string lighting:
i. Temporary string lighting, unless fully shielded, shall adhere to the lighting hours stated in Section 17.09.065.
ii. Temporary string lighting shall not flash, blink, fade, or strobe.
c. All lights exempted by this section shall be included in the calculation of total light output, Section 17.09.064, and shall comply with lighting color standards, Section 17.09.066.
2. The following are exemptions from general MOLO requirements, Sections 17.09.060 through 17.09.069:
a. Traffic control signals and traffic safety devices.
b. Emergency and safety lighting by emergency services. Searchlights, floodlights, laser source lights, strobe or flashing lights, or any similar high intensity lights are permitted when used in emergencies by police, fire, medical, and/or utility personnel or at their direction.
c. Temporary outdoor lighting intended as holiday or seasonal decorations displayed between October 15th and the following January 15th may remain on until ten p.m.
i. Temporary outdoor lighting intended as holiday or seasonal decorations may remain on all night; provided, that they do not create nuisance glare.
d. Lighting required by the Federal Aviation Administration or the Federal Communications Commission.
e. Special events that have been issued a permit pursuant to Title 4, Special Event and Street Performer Permits, shall be allowed temporary lighting for the duration of the event, provided such lighting does not create glare to motorists and complies with lighting hours, unless specifically outlined and approved within the event permitting.
f. Pathway lights less than eighteen inches in height are exempted from the fully shielded fixture requirement if the total light output from each pathway light is less than three hundred lumens. The fixture shall have a top that is opaque such that no light is directed upwards.
D. Exceptions.
1. The City may grant exceptions to Sections 17.09.060 through 17.09.069 when practical difficulties or unnecessary hardships exist that cause inconsistencies with the purpose and intent of the standards.
2. Requests for exceptions from the standards, policies, or submittal requirements of Sections 17.09.060 through 17.09.069 shall be submitted in writing with appropriate documentation and justification to the Zoning Administrator. Exception requests must, at minimum, contain the following:
a. Standards under which the applicant seeks an exception.
b. Justification for not complying with standards.
c. Proposed alternate criteria or standards to comply with the intent of the standards.
d. Supporting documentation, including necessary calculations.
e. The proposed exception’s potential adverse impacts for adjacent landowners.
f. An analysis of the exception request, signed by a qualified lighting technician, lighting architect, lighting engineer, lighting specialist, or lighting professional, depending on the topic of the request.
3. Upon receipt of a complete application for an exception, the Zoning Administrator shall prepare a statement to recommend that the exception be approved or denied or to request a modification of the proposed exception.
4. Exceptions shall be reviewed and approved by the Planning Commission.
E. Variance.
1. An applicant requesting approval for lighting that does not conform to the standards and regulations located in Sections 17.09.060 through 17.09.069, beyond qualifying exemptions or exceptions, shall follow the procedures and findings requirements set forth in Chapter 17.72 – Administration and Enforcement. (Ord. 23-14, 2023; Ord. 19-03 Att. 1 (part), 2019)
17.09.069 Outdoor lighting – Amortization and enforcement of nonconforming outdoor lighting.
A. The City shall require the termination of use of all nonconforming outdoor lighting fixtures, structures, lamps, bulbs, or other devices that emit or generate light which are not otherwise exempted by this chapter, pursuant to the amortization schedule contained in this section.
B. All permitted outdoor lighting installed prior to December 12, 2023, in all zoning districts, shall be considered legal, nonconforming. Any existing approved outdoor lighting, which is being used in a manner or for a purpose which is otherwise lawful, not including direct illumination or glare as specified by the special provisions sections for zoning districts, but does not comply with the MOLO provisions in Sections 17.09.060 through 17.09.069, shall be deemed legal, nonconforming, pursuant to Chapter 17.12, General Provisions.
C. All outdoor lighting legally existing and installed prior to the effective date of this chapter and which is not exempted shall be considered legal, nonconforming and shall be brought into compliance by the property owner as follows:
1. Immediate compliance is required as a condition for approval when applying for a building permit, sign permit, new (nonrenewal) business license, site plan review, or similar City permit or approval if site improvements, construction, reconstruction, expansion, alteration, or modification of existing sites, structures, or uses individually or cumulatively equal or exceed one thousand five hundred square feet, or fifty percent of the existing site or structure, whichever is less. Projects of less than one thousand five hundred square feet in size, or fifty percent of an existing site or structure, will not be subject to immediate compliance. However, the square footage of the improved structure or site will count towards a cumulative total of projects on the same property. When the cumulative total equals or exceeds one thousand five hundred square feet, or fifty percent of the existing site or structure, compliance shall be required for approvals as cited above.
2. All damaged or inoperative nonconforming fixtures shall be replaced or repaired only with lighting equipment and fixtures compliant with this chapter.
3. All outdoor lighting not previously scheduled for amortization or otherwise exempted shall be brought into conformance with the MOLO by January 1, 2029.
4. Whenever a nonconforming use, structure, or lot is abandoned for a period greater than one year and then changed to a new use according to the requirements of Section 17.12.060, all existing outdoor lighting shall be reviewed and brought into compliance as necessary for the entire building, structure, or site.
5. Nonconforming fixtures must be brought into compliance if they violate Sections 17.20.040, 17.21.040, 17.24.040, 17.27.040, 17.30.040, 17.31.040, 17.32.040, 17.35.060, 17.36.070, 17.42.060, 17.45.060, 17.48.060, 17.51.060 and 17.54.070, Special provisions, as determined by the Zoning Administrator. The abatement of the nuisance shall be attempted first through noncostly means, such as redirection and relamping. New fixtures shall be required if the nuisance cannot be abated.
D. Violation and enforcement shall be processed as outlined in Chapter 17.78.
(Ord. 23-14, 2023; Ord. 19-03 Att. 1 (part), 2019)
17.09.070 Accessory building – Prohibited as living quarters.
Living and sleeping quarters in any building other than the main residential building, or an accessory dwelling unit, is prohibited. (Ord. 18-01 (part), 2018; Ord. 17-19 (part), 2017: prior code § 27-3-7)
17.09.080 Kitchen units in motels and hotels.
Lot area per dwelling unit shall apply to motels and hotels for those units that include kitchen facilities. (Prior code § 27-3-8)
17.09.090 Storage of large vehicles prohibited.
It is unlawful to park any vehicle that exceeds twenty-five feet in length or has a rated capacity of two tons or more for a period of over two hours on any public street or private property zoned R-1, R-2, R-3, R-4, RA-1, O-1, C-1 or C-5.
A. Commercial or construction vehicles otherwise subject to this section shall be exempt when stored or parked incident to construction activity taking place on the property, provided such vehicles shall not be stored on any site for a period exceeding one year.
B. Agricultural or farm machinery otherwise subject to this section shall be exempt when stored or parked incident to farming operations on property located within any zone permitting agricultural uses.
C. Recreation vehicles or campers otherwise subject to this section shall be exempt when stored or parked on the private property of the vehicle owner.
D. Vehicles used for the specific purpose of moving households from one location to another that would be subject to this section are exempt, provided such vehicles shall not be parked for a period not to exceed forty-eight hours.
E. Vehicles used for the express propose of delivery are also exempt for a period not to exceed one hour while deliveries are being made.
F. Vehicles in for repair at an auto repair shop within a C-5 zone shall be exempt.
G. Violations of this section shall be punishable, at the option of the City, either as an infraction, or by appropriate civil action to enjoin or abate the violation. In any such civil action the violator shall be liable for fines not to exceed two hundred fifty dollars per violation, together with court costs and reasonable attorney fees. (Ord. 00-07, 2000: Ord. 98-03, 1998: Ord. 92-16, 1992: prior code § 27-3-9)
17.09.100 Residential zone – Storage of junk and debris prohibited.
No yard or other open space surrounding an existing building in any residential zone, or which is hereafter provided around any building in any residential zone, shall be used for the storage of junk, debris, or inoperable vehicles; and no land shall be used for such purposes, except as specifically permitted herein. (Prior code § 27-3-10)
17.09.110 Additional height allowed for public buildings.
Public buildings and churches may be erected to a maximum height of forty feet as defined in Section 17.06.020, Definitions. (Ord. 17-13, 2017: prior code § 27-3-11)
17.09.120 Minimum height of dwellings and fences.
A. No dwelling shall be erected which has a ceiling height of less than seven feet six inches or one story above grade, whichever is greater.
B. No fence or wall shall be constructed higher than four feet above the ground in any required front or side yard that fronts on a street, except that in agricultural zones such fences may be constructed to a height of six feet. (Prior code § 27-3-12)
17.09.130 Location of barns.
No barn, corral, or coop (for the housing of animals, birds, or fowl) shall be constructed closer than one hundred feet from any existing dwelling or public street, nor shall any corral, barn, pen, or coop be constructed or maintained closer than twenty feet to any open waterway that drains into a natural stream. Surface drainage from corrals or barns or coops shall not be permitted to drain into a waterway that drains into a natural stream. (Prior code § 27-3-13)
17.09.140 Drainage.
Surface water from roof tops, lots or irrigation ditches shall not be allowed to drain onto adjacent lots or streets, except after written agreement between the parties involved. (Prior code § 27-3-14)
17.09.150 Clear view of intersecting streets.
In all zones which require a front yard, no obstruction which will obscure the view of automobile drivers shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty-five feet from the intersection of the street lines. (Prior code § 27-3-15)
17.09.160 Effect of street plan.
Wherever a front or side yard is required for a building which building abuts on a proposed street which has not been constructed but which has been designated by the Planning Commission as a future street, the depth of such front or side yard shall be measured from the planned street lines. (Prior code § 27-3-16)
17.09.170 Exception to front and side setback requirements.
The setback from the street for any dwelling located between two existing dwellings in any residential zone may be the same as the average for said two existing dwellings, provided the existing dwellings are on the same side of the street and are located within one hundred fifty feet of each other. (Prior code § 27-3-17)
17.09.180 Concessions in public parks and playgrounds.
Concessions, including but not limited to amusement devices, recreational buildings, and refreshment stands, shall be approved by the City Council. (Prior code § 27-3-18)
17.09.190 Sewage disposal.
Where domestic sewage disposal facilities are used in connection with the construction of buildings which buildings are not connected to a public sewer, approval of such facilities shall be obtained from the health department before a building permit shall be issued therefor. (Prior code § 27-3-19)
17.09.200 Location of gasoline pumps.
Gasoline pump islands shall be set back not less than fifteen feet from any street line to which the pump island is vertical and twelve feet from any street line to which the pump island is parallel and not less than twelve feet from any residential zone boundary line. If the pump island is set in an angle on the property, it shall be so located that automobiles stopped for service will not extend over the property line. In no case shall pumps be set closer than twelve feet from any street line, nor closer than ten feet from any side or rear property line. Lots from which gasoline is dispensed to customers at retail shall be not less than seventy-five by one hundred feet in size. Canopies over pump islands may extend to within five feet to the property lines. (Prior code § 27-3-20)
17.09.210 Off-street parking and loading – Generally.
The regulations set out in Sections 17.09.220 through 17.09.230 are established to increase safety and lessen congestion in the public streets, to provide adequately for parking needs associated with the development of land and increased automobile usage, to set standards for off-street parking according to the amount of traffic generated by each use, and to reduce the on-street storage of vehicles. There shall be provided minimum off-street parking spaces with adequate provisions for ingress and egress by standard sized vehicles in accordance with the requirements of this code at the time of erection of any main building or at the time such buildings are structurally enlarged or converted to increase the use or capacity of the buildings. Parking arrangements must be approved by the Zoning Administrator; four inches of gravel may be allowed for parking lots less than seven spaces if the spaces are delineated and are maintained weed-free. (Ord. 95-14, 1995: Ord. 93-24 (part), 1993: Ord. 93-04 (part), 1993: prior code § 27-3-21 (part))
17.09.220 Off-street parking and loading – Number of spaces.
The following required off-street parking spaces for the particular use are minimum requirements:
A. Residential structures, not including boardinghouses and roominghouses and bachelor dwellings, shall have parking spaces per dwelling unit as follows:
1. One-household dwellings and mobile homes, two spaces;
2. Two-household dwellings, four spaces;
3. Multiple-household dwellings, one and one-half spaces per dwelling unit.
B. Reserved.
C. Hospitals shall have one visitor parking space per two patient beds; plus one parking space for each employee at work in the hospital during daylight hours.
D. Convalescent, nursing and other such institutions shall have one visitor parking space per three patient beds, plus one parking space for each employee at work in the home during daylight hours.
E. Hotels and motels shall have one parking space per room or suite.
F. Private clubs and lodge halls shall have one parking space per two hundred square feet of floor area.
G. Commercial recreation uses shall have one parking space per two hundred square feet of floor area; outdoor commercial recreation uses shall have one parking space per three patrons based on the design capacity of the facility.
H. Churches shall have one parking space per four seating spaces in the main assembly room.
I. Theaters, auditoriums, sports arenas and places of assembly shall have one parking space per four seating spaces.
J. Mortuaries or funeral parlors shall have one parking space per four seating spaces in the main assembly room.
K. Medical clinics shall have one parking space per two hundred square feet of floor area.
L. Restaurants, taverns and lounges shall have one parking space per two hundred square feet of floor area.
M. Banks shall have one parking space per two hundred square feet of floor area in the building.
N. Retail stores, professional offices, personal service shops and other business buildings not specifically mentioned elsewhere in this section shall have one parking space per three hundred square feet of floor area, except that in any zone designated as central commercial zone, parking space may be reduced to three spaces per one thousand square feet of floor area. Retail and wholesale stores that exceed ten thousand square feet of floor area require one parking space per one hundred square feet of floor area for the amount of floor area that exceeds ten thousand square feet.
O. Industrial, manufacturing and wholesale establishments shall have one parking space per two employees based on the largest shift.
P. Uses Not Mentioned. The required off-street parking for any building, structure or use of land of a type which is not listed in this section shall be determined by the appeal authority. The appeal authority shall be guided by comparison with the requirements for similar uses which are listed.
Q. Special Exceptions to the Parking Requirements. Exceptions to the above listed minimum parking requirements require Planning Commission approval. The applicant requesting an exception to the minimum requirements shall conduct studies, prepare a report and prove to the Planning Commission that a lower than minimum requirement is adequate for the off-street parking needs of a development. The report shall include, but not be limited to:
1. National parking standards such as Institute of Transportation Engineers or Urban Land Institute studies supporting fewer spaces;
2. Local studies of businesses comparable by size and type demonstrating significant parking availability with the current standard; and
3. Present business potential related to number of employees, number of customers, and turnover of customers that may support fewer parking spaces.
4. For businesses located on Main Street in the C-3 zone the applicant shall demonstrate that on-street parking is reasonably available for short-term parking. The Public Works Director and Zoning Administrator shall address visibility and safety concerns.
The Planning Commission shall consider how future use changes may affect the future parking needs of the development.
R. Reserved.
S. Replacement of Existing Buildings. In the C-3 central commercial zone, additional parking is not required when existing buildings are replaced with new buildings that are the same size or smaller than the existing buildings, provided that the proposed use does not change from the historic use of the building. When existing buildings are replaced with larger buildings of the same use, additional parking is required for the additional size of the buildings. (Ord. 19-13 §§ 4, 21 (part), 2019; Ord. 12-06, 2012; Ord. 10-06 (part), 2010; Ord. 98-01, 1998; Ord. 93-24 (part), 1993: Ord. 93-04 (part), 1993: prior code § 27-3-21(A))
17.09.230 Off-street parking and loading – Location and control of facilities.
The off-street parking facilities required by this title shall be located on the same lot or parcel of land as the use they are intended to serve except for approved shared parking, payment-in-lieu of parking or off-site parking.
A. Shared parking facilities may be used jointly with parking facilities for other uses when operations are not normally conducted during the same hours, when peak uses or seasonal uses vary, and that shared parking lots be located within three hundred feet of all businesses being served by such lots. Requests for shared parking or off-site parking are subject to conditional use approval of the Moab Planning Commission. The minimum conditions and submittals for shared parking and off-site parking requests shall include the following:
1. Proposal must show sufficient evidence that there will be no substantial conflict in the periods of peak demand of uses for which shared-parking is proposed;
2. A site plan showing the number and location of proposed parking spaces, location and size of buildings, parcel boundaries, streets, sidewalks, driveways and curb cuts must be submitted;
3. Off-site parking may be used only for hotels and motels that provide valet service. Proof of valet service must be submitted;
4. A written agreement executed by all parties concerned shall be filed with the Moab City Recorder.
B. In the event that the Zoning Administrator determines that off-street parking cannot be reasonably provided in accordance with the provisions of this title, a commercial property owner, in the C-3 zone and designated portion of the C-4 zone, may be allowed to make a payment-in-lieu of providing parking spaces, according to the following conditions:
1. A commercial property owner must fill out a payment-in-lieu of parking application and pay a review fee as established by resolution.
2. The City Planning Commission must review any payment-in-lieu of parking requests and after holding a public hearing, may approve or disapprove such requests.
3. The established payment-in-lieu rate shall be established by resolution. Such fees shall be deposited into a parking facilities development fund and all expenditures from this fund shall be directly spent or encumbered only for the propose of operation, maintenance and administration of parking or transit facilities. The fee shall be paid to the City of Moab according to the following schedule: fifty percent of the fee shall be paid prior to an issuance of a building permit and the remaining fifty percent shall be paid prior to the issuance of a certificate of occupancy permit.
4. To encourage higher building density in the downtown businesses district, owners of land or businesses in the C-3 central commercial zone have the option to use payment-in-lieu of parking rather than to reasonably provide parking spaces at the time of erection of any main building or at the time such buildings are structurally enlarged or converted to increase the use or capacity of the buildings.
5. To encourage more harmonious development patterns in the general commercial district, owners of existing businesses in the C-4 general commercial zone located between Mill Creek and Pack Creek as designated on the official Moab City zoning map, have the option to use payment-in-lieu of parking rather than to provide additional on-site parking spaces at the time buildings on the parcel are structurally enlarged or converted to increase the use or capacity of the buildings.
6. Payment-in-lieu of parking shall be permitted to provide no more than thirty percent of the parking spaces required by this chapter of any particular use or development. (Ord. 98-02, 1998; Ord. 97-06, 1997; Ord. 96-07, 1996; Ord. 93-24 (part), 1993: Ord. 93-04 (part), 1993: prior code § 27-3-21(B))
17.09.240 Off-street parking and loading – Computation of required spaces.
For the purpose of computing off-street parking spaces which are required by this title, the following rules shall apply:
A. “Floor area” means gross floor area, unless otherwise specified for a particular use.
B. In stadiums, sports arenas, churches, and other places of assembly in which benches or pews are used in place of seats, each eighteen inches of length of such benches or pews shall be counted as one seat. (Prior code § 27-3-21(C))
17.09.250 Off-street parking and loading – Combined areas.
The required off-street parking and loading facilities may be provided collectively for two or more buildings or uses, provided that the total number of parking spaces shall be not less than the sum of the requirements for each of the individual uses. (Prior code § 27-3-21(D))
17.09.260 Off-street parking and loading – Mixed uses.
In the event that two or more uses occupy the same zoning lot, or parcel of land, the total requirements for off-street parking and off-street loading space shall be the sum of the requirements of the various uses computed separately. (Prior code § 27-3-21(E))
17.09.270 Off-street parking and loading – Access to facilities.
A. Access driveways shall be provided for ingress to and egress from all parking and loading facilities. Each parking and loading space shall be easily accessible to the intended user.
B. Forward travel to and from parking facilities from a dedicated street or alley shall be required for all uses, except for parking which has been provided in connection with one-household and two-household dwellings. The parking area shall be adequate to facilitate the turning of vehicles to permit forward travel upon entering a street.
C. Access to all off-street parking facilities shall be designed in a manner which will not interfere with the movements of vehicular and pedestrian traffic. (Ord. 19-13 § 21 (part), 2019; prior code § 27-3-21(F))
17.09.280 Off-street parking and loading – Circulation within a parking area.
Circulation within a parking area shall comply with the following requirements:
A. Parking area with more than one aisle must be so arranged that a car need not enter the street to reach another aisle within the same parking area.
B. Directional signs shall be required to differentiate between entrance and exit access points to the street. (Prior code § 27-3-21(G))
17.09.290 Off-street parking and loading – Location of facilities restricted.
Parking and loading facilities may be located any place on the premises except for areas that are required to be landscaped. Off-street parking space which is required in connection with a use shall be construed to be part of that use and shall not be located within a zone unless expressly therein. (Parking must be listed in the zone; if it is not listed, it is not permitted.) (Prior code § 27-3-21(H))
17.09.300 Reserved.
17.09.310 Off-street parking and loading – Continuing obligation.
The required off-street parking and loading facilities shall be a continuing obligation of the property owner so long as the use requiring vehicle parking or vehicle loading facilities continues. It is unlawful for an owner of any building or use to discontinue or dispense with the required vehicle parking or loading facilities without providing other vehicle parking or loading area which meets the requirements of this title. (Prior code § 27-3-21(J))
17.09.320 Off-street parking and loading – Plot plan approval required.
At the time a building permit is requested for any building or structure, or at the time the use of land is changed which requires additional off-street parking space, a plot plan shall be submitted showing the location and layout of such required space along with access aisles, roadways, curbs and curb cuts. The Zoning Administrator shall disapprove such plans if he finds that the required spaces are not usable for standard-sized automobiles or do not comply with the requirements for offstreet parking as set forth in this title. (Prior code § 27-3-21(K))
17.09.330 Off-street parking and loading – Landscaping.
A. All off-street parking lots shall be bordered by a curb. Landscaped areas shall be provided for parking lots so as to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular circulation. Landscaped areas shall include trees to maximize the amount of shade on the parking lot at noon during summer months.
B. For parking lots designed for over five vehicle spaces, shade trees shall be appropriately spaced around the perimeter of parking lots to provide a solid canopy of shade when the trees mature. Irrigation systems shall be installed for landscapes areas.
C. 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 in interior parking lots shall not exceed one hundred fifty feet except when such landscaped areas seriously limit functions of the building site.
D. To provide for a pleasant, pedestrian environment in the central commercial district, a landscaped strip at least ten feet in width shall be provided along the edge of any parking lot adjacent to a public street right-of-way. This landscaped strip shall not be required if the building is located at the front of the property line abutting a right-of-way and parking is located entirely in the interior of the block.
E. If the specific application of the interior landscape requirements will seriously limit functions of the building site, the Zoning Administrator may permit consolidation and relocation of these landscaped areas on the building site.
F. During the winter and summer months a bond may be collected by the City for new developments where landscaping is required. The type, amount, and forfeiture of the bond shall be determined by the City administrator or manager. The bond is collected when a building permit is issued. (Ord. 94-01 (part), 1994: prior code § 27-3-21(L))
17.09.340 Off-street parking and loading – Loading space required.
For every building having a gross floor area of five thousand square feet or more to which goods, material, merchandise or supplies are received or distributed by vehicle, there shall be provided at least one off-street loading space. One additional loading space shall also be provided for each additional twenty thousand square feet of gross floor area of such building or for each vehicle which must be loaded or unloaded at the same time, whichever requirement is greater. Each required off-street loading space shall be not less than ten feet in width, twenty-five feet in length, and fourteen feet in height. (Prior code § 27-3-21(M))
17.09.350 EV parking – General provisions.
A. Title. Sections 17.09.350 through 17.09.358 shall be regulated and apply as the EV readiness ordinance (EVRO).
B. Intent/Purpose. The intent of the EV supply equipment (EVSE) readiness requirements in this title shall be to promote clean air and public health by supporting low-emission transportation, reducing retrofit costs, and contributing to resilient energy infrastructure for the City of Moab.
C. Scope and Applicability. In parking areas or where parking is required, such parking shall comply with the requirements set forth in this title for the specific use and location. The specific requirements relating to EV parking standards shall comply with the level of associated requirements based on the scale of development, outlined in the review and procedures section of this title. Exemptions and exceptions are outlined in the review procedures.
D. Required EV Charging Infrastructure. The standards of the EVRO shall apply to multi-household dwellings as that term is defined in Section 17.06.020. (Ord. 25-13, 2025)
17.09.351 EV parking – Definitions.
“Direct current fast charging (DCFC)” means EV supply equipment with a minimum power output of 20 kW.
“Electric vehicle (EV)” means a vehicle registered for on-road use, primarily powered by an electric motor that draws current from rechargeable storage or another source of electric current.
“EV energy management system (EVMS)” means system designed to allocate charging capacity among multiple EV supply equipment.
“EV supply equipment (EVSE)” means the electrical conductors and associated equipment external to the EV that provide a connection between the premises wiring and the EV to provide EV charging.
“EV-capable space” means a designated parking space which has electrical panel capacity and conduit and/or raceway installed to support future implementation of an EVSE-installed space.
“EV-ready space” means a designated parking space which has electrical panel capacity, raceway wiring, receptable, circuit overprotection devices, and emergency disconnect installed to support future implementation of EV charging.
“EVRO” means this EV readiness ordinance as found in Sections 17.09.350 through 17.09.358.
“EVSE-installed space” means a parking space that is provided with dedicated, approved EVSE equipment. (Ord. 25-13, 2025)
17.09.352 EV parking – General standards.
A. Multi-Household.
1. New multi-household dwellings shall provide a minimum of ten percent EV-capable and ten percent EV-ready parking spaces for a total of twenty percent of the required parking spaces or dwelling units provided on site, whichever is less.
2. Parking areas for multi-household dwellings with fewer than ten parking spaces are required to provide a minimum of one EV-ready parking space.
3. EV parking requirements shall count toward the minimum required and maximum allowed number of parking spaces
4. EV-ready and EV-installed spaces that exceed the minimum requirements are permitted to be used to meet minimum requirements.
B. Single-Household Dwellings and Two-Household Dwellings.
1. An application for an electrical permit for a single-household dwelling or a two-family dwelling may additionally include documentation for the installation of EVSE for review under the same permit without incurring additional cost to the original permit fee. (Ord. 25-13, 2025)
17.09.353 ADA.
A. A proportion of handicapped parking spaces shall be either EV capable or EV ready. The proportion shall match the requirement for overall EV parking spaces for the building type.
B. All EV charging infrastructure shall comply with the State Construction and Fire Codes Act, Title 15A, Utah Code Annotated, including the applicable provisions of ICC A117.1. (Ord. 25-13, 2025)
17.09.354 Fire and safety.
A. All EV charging infrastructure shall comply with the State Construction and Fire Codes Act, Title 15A, Utah Code Annotated, applicable provisions of this code, and all other adopted and applicable fire, electrical, and safety codes.
B. Level 2 and level 3/DC fast charging stations shall provide a means of an emergency disconnect that is readily accessible and within sight of the EV charging station. (Ord. 25-13, 2025)
17.09.355 Maintenance.
A phone number or other contact information for the maintenance provider shall be posted on the equipment for reporting malfunctions. The markings shall be permanently affixed to the equipment and will be of sufficient durability for the environment involved. The markings shall not be handwritten. (Ord. 25-13, 2025)
17.09.356 Capacity requirements.
A. EV Capable. Each EV-capable space shall comply with the following:
1. A continuous raceway and/or conduit shall be installed between a suitable electrical panel or other electrical distribution equipment and terminate within six feet of the EV-capable space and shall be capped. EV capable includes two adjacent parking spaces if the raceway and/or conduit terminates adjacent to and between both parking spaces.
2. The installed raceway and/or conduit shall be sized and rated to supply a minimum of two hundred eight volts and a minimum of forty-ampere-rated circuits.
3. The electrical panel or other electrical distribution equipment to which the raceway and/or conduit connects shall have sufficient dedicated space and spare electrical capacity to supply a minimum of two hundred eight volts and a minimum of forty-ampere-rated circuits.
4. Reserved capacity shall be no less than 8.3 kVA (40A 208/240V) for each EV-capable space.
5. The termination point of the conduit and/or raceway and the electrical distribution equipment directory shall be marked: “For future electric vehicle supply equipment (EVSE).”
B. EV Ready. Each EV-ready space shall have a branch circuit that complies with the following:
1. Branch circuit shall terminate at a receptacle or junction box located within six feet of each EV-ready space it serves. EV ready includes two adjacent parking spaces if the receptacle is installed adjacent to and between both parking spaces.
2. Branch circuit shall have a minimum circuit capacity of 8.3 kVA (40A 208/240V).
3. The electrical panel, electrical distribution equipment directory, and all outlets or enclosures shall be marked: “For future electric vehicle supply equipment (EVSE).”
C. EVSE Installed. Installed EVSE with multiple output connections shall be permitted to serve multiple EVSE-installed spaces. Each EVSE serving either a single EVSE installed space or multiple EVSE installed spaces shall comply with the following:
1. Be located within six feet of each EVSE-installed space it serves.
2. All installed EVSE shall comply with one of the following:
a. Be capable of charging at a minimum rate of 6.2 kVA (or 30A at 208/240V).
b. EVSE serving multiple EVSE-installed spaces and controlled by an EVMS providing load management shall be capable of simultaneously charging each EVSE-installed space at a minimum rate of 3.3 kVA.
3. One DCFC EVSE may be counted as equivalent of up to three level 2 EVSE; provided, that the total power capacity delivered by the DCFC meets or exceeds the cumulative charging capacity of the substituted level 2 stations. (Ord. 25-13, 2025)
17.09.357 EV parking – Review procedures.
A. Approval Procedures.
1. The Zoning Administrator shall determine whether an application submitted under the EVRO is complete and whether the applicant has paid all applicable fees, after which the applicable land use authority responsible for the type and process of development under which EV parking requirements are required (e.g., building permit approval, site plan approval, townhome plat or condominium plat approval, subdivision approval, etc.) shall review and approve the submitted application as a part of the proposed development plan. The applicable provisions of this code shall govern the review and approval procedures for each type of development under the EVRO. The EVRO shall be supplementary to the development approval.
B. Legal, Nonconforming.
1. Chapter 17.12 shall govern determinations as to the legal, nonconforming status of EV parking.
2. After determining that an EV parking application submitted under the EVRO is complete and that all applicable fees have been paid, the Zoning Administrator shall determine whether legal, nonconforming EV parking can be expanded or continued by considering the following parameters:
a. A proposed change to the required parking area shall not be greater than the following, based on the smaller calculation:
i. Fifty percent or more of change to nonexempt parking area; or
ii. Ten parking spaces substantially modified, such as major resurfacing, reconstruction or trenching for utilities.
iii. When fewer than ten parking spaces or less than fifty percent are added or modified without a modification to electrical service to the property, only new parking spaces are subject to this requirement. Applicants may meet the capacity requirements in Section 17.09.356 through changes to existing parking without adding to the project’s original calculation of added or modified parking.
b. Any upgrades to electrical panel capacity shall trigger compliance with electrical panel capacity provisions of the EVRO.
C. Exemptions. Parking spaces that are intended for transactions or uses that are less than thirty minutes, such as take-out, pick-up, and drop-off shall be exempt.
D. Exceptions.
1. The applicable land use authority with jurisdiction over an application submitted under the EVRO may grant exceptions to the EV parking standards when practical difficulties or unnecessary hardships exist that cause inconsistencies with the purpose and intent of the standards.
2. Requests for exceptions from the standards, policies, or submittal requirements of this document shall be submitted in writing with appropriate documentation and justification to the Zoning Administrator. Exception requests must, at a minimum, contain the following:
a. Standards under which the applicant seeks an exception;
b. Justification for not complying with the standards;
c. Proposed alternate criteria or standards to comply with the intent of the standards; and
d. Supporting documentation, including necessary calculations;
e. The proposed exception’s potential adverse impacts for adjacent landowners.
3. Upon receipt of a complete application for an exception, the Zoning Administrator shall prepare a statement approving, denying, or requesting a modification of the proposed exception.
4. Exceptions shall be reviewed and approved by the Planning Commission. (Ord. 25-13, 2025)
17.09.358 EV parking – Enforcement.
The City may pursue any available legal or equitable action to enforce the EVRO and to address violations of the EVRO.
A. Violation.
1. The requirements and regulations set forth in the EVRO regulating EV parking standards shall apply to all multi-household dwelling properties, developments, and development standards where parking is required:
a. The required EV parking standards shall be maintained and remain consistent with the plans and conditions approved during the appropriate review and approval procedures, or any subsequent review and approval process. The following conditions of violation shall impose the following penalty:
i. The property will be in violation if the parking standards for an approved plan are altered or amended without appropriate approval, as outlined in the review procedures of this chapter, thirty days after notice from the City.
ii. The property will be in violation if parking is developed without the appropriate approval, as outlined in the review procedures of this chapter, thirty days after notice from the City.
iii. In the event of violation, penalties may be assessed by the City against the owner of the subject property, as determined by Chapter 17.78, Zoning Violations – Penalties.
B. Process of Violation.
1. If the owner of the property violates any of the provisions of this chapter, the City may pursue the violation for noncompliance in accordance with established processes outlined by Chapter 17.78, Zoning Violations – Penalties. (Ord. 25-13, 2025)
17.09.360 Reserved.
Editor’s note: Ord. No. 23-15, adopted November 14, 2023, repealed § 17.09.360, which pertained to landscaping and derived from prior code § 27-3-23.
(Prior code § 27-3-23)
17.09.370 Reserved.
Editor’s note: Ord. No. 23-15, adopted November 14, 2023, repealed § 17.09.370, which pertained to landscaping and derived from prior code § 27-3-24.
(Prior code § 27-3-24 (part))
17.09.380 Reserved.
Editor’s note: Ord. No. 23-15, adopted November 14, 2023, repealed § 17.09.380, which pertained to landscaping and derived from prior code § 27-3-24(A).
(Prior code § 27-3-24(A))
17.09.390 Reserved.
Editor’s note: Ord. No. 23-15, adopted November 14, 2023, repealed § 17.09.390, which pertained to landscaping and derived from prior code § 27-3-24(B).
(Prior code § 27-3-24(B))
17.09.400 Reserved.
17.09.410 Reserved.
Editor’s note: Ord. No. 23-15, adopted November 14, 2023, repealed § 17.09.410, which pertained to landscaping and derived from prior code § 27-3-24(D).
(Prior code § 27-3-24(D))
17.09.420 Reserved.
Editor’s note: Ord. No. 23-15, adopted November 14, 2023, repealed § 17.09.420, which pertained to landscaping and derived from prior code § 27-3-24(E).
(Prior code § 27-3-24(E))
17.09.430 Reserved.
17.09.440 Reserved.
17.09.450 Reserved.
17.09.460 Reserved.
17.09.465 Reserved.
17.09.470 Reserved.
17.09.480 Pollution prevention.
Any use which emits or discharges gases, fumes, dust, glare, noise or other pollutants into the atmosphere in amounts which exceed the standards as prescribed by the Utah State Air Conservation Board or the Board of health and any use which emits or discharges liquids or solid material onto the soil or water in amounts which result in pollutants entering groundwater in amounts exceeding the standards prescribed by the Utah State Water Pollution Control Board or the Board of health shall be prohibited. (Prior code § 27-3-26)
17.09.490 Manufactured home – Generally.
Manufactured homes shall be allowed in all zones allowing residential development provided the unit was manufactured after June 16, 1976, and is appropriately stamped and complies with the provisions set out in Sections 17.09.500 through 17.09.520. (Ord. 14-81 (part), 1981: prior code § 27-3-27 (part))
17.09.500 Manufactured home – Code compliance.
A. All manufactured houses shall possess necessary building permits as required by the City building, plumbing, electrical and mechanical codes and this title including those required for site preparation, provision of utilities and the construction of accessory structures.
B. Foundations. All manufactured houses to be developed on city lots shall be placed on permanent firm foundations, footings and proper blocking support as approved by the City.
C. Roof Load. This requirement for manufactured homes is thirty psf roof load; wind load is fifteen psf.
D. Site preparation. Properly graded and sloped compacted to ninety percent maximum relative density.
E. Firm foundation. May be set on concrete pier and footing, or other method approved by the City. (Ord. 14-81 (part), 1981: prior code § 27-3-27(A))
17.09.510 Manufactured home – Development standard.
Prior to the issuance of a building permit for placement of a manufactured house on a permanent foundation, all such houses must meet the following development standards:
A. Have exterior siding extending to within six inches of dirt or two inches of concrete and consisting of a conventional dwelling type exterior material, finished before occupancy;
B. Have a shingled, pitched roof with eaves;
C. Meet all setback and area requirements of this title;
D. Improved permanent access entrance or exits must be installed according to city standard, (steps, porch and deck, patios, etc.);
E. They do not violate deed restrictions in the area where the unit is to be located. (Ord. 14-81 (part), 1981: prior code § 27-3-27(B))
17.09.520 Manufactured home – Procedure.
Any person desiring to place a manufactured house on a permanent foundation within city limits shall make application for a building permit for that purpose with the City building inspector and then shall deliver to the building inspector an affidavit to have the manufactured house appurtenance to the real property. Upon completion of the installation of the manufactured house on a permanent foundation, the building inspector shall cause the affidavit to be filed with the county assessor. (Ord. 14-81 (part), 1981: prior code § 273-27(C))
17.09.530 Reserved.
Editor’s note: Ord. No. 18-01, adopted December 11, 2018, repealed § 17.09.530, which pertained to conditional use permits and derived from Ord. No. 08-05, 2008; Ord. No. 10-06, 2010; Ord. No. 10-13, 2010; Ord. No. 11-01, 2011; Ord. No. 11-09, 2011; Ord. No. 12-05, 2012; Ord. No. 12-09, 2012; and Ord. No. 16-02, 2016.
17.09.531 Reserved.
Editor’s note: Ord. No. 18-01, adopted December 11, 2018, repealed § 17.09.531, which pertained to conditions for approval of specific conditional uses and derived from Ord. No. 08-05, 2008; Ord. No. 10-13, 2010; Ord. No. 11-01, 2011; Ord. No. 11-09, 2011; Ord. No. 12-05, 2012; Ord. No. 16-02, 2016; and Ord. No. 17-21, 2017.
17.09.540 Reserved.
17.09.560 Accessory use or structure.
A. Accessory uses or structures as defined in Section 17.06.020 may be permitted subject to the following conditions:
1. Such accessory uses shall be limited to those customarily associated with and appropriate, incidental and subordinate to the principal use.
2. Such accessory uses shall be located on the same lot or tract as the associated principal use.
3. Detached garages and attached carports located in the front yard setback shall be controlled in the same manner as the associated principal use, except as otherwise expressly provided in this code. Carports located in the rear one-half of the building lot and all nongarage accessory structures shall be required to have a minimum 2:12 roof pitch.
4. Such accessory uses shall not be located on the lot so that storm water drainage is allowed to drain directly onto neighboring private property or public property including easements, alleys, and rights-of-way.
5. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the zone district in which the principal use is located, and in no event shall an accessory use or structure be constructed or established prior to the principal use or structure to which it is accessory.
6. Dimensional requirements for accessory structures in the RA-1, A-2, C-1, C-2, C-4, C-5, R-1, R-2, R-3, R-4, and MH/RV-1 zone districts:
a. 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.
b. The maximum height of accessory structures shall not exceed twenty feet or the height of the principal structure, whichever is less; provided, however, that carports may not exceed a height of sixteen feet, and must be less than or equal to the height of a single-story principal structure if located in the front yard and attached to the principal residential structure.
7. Individuals who desire to construct accessory buildings and carports are required to obtain a building permit and to submit site plans that accurately describe the dimensions of the proposed structure and the required setbacks.
8. Carports with three sides open may be constructed in conjunction with an allowed residential structure to within ten feet of the front property line. However, no carport shall be constructed to encroach over any recorded easement, public right-of-way or other private property. If a property owner desires to construct a carport closer than ten feet to the front property line a variance is required from the appeals authority as per Chapter 17.72 of this code.
9. An accessory carport that is attached to the principal structure may be allowed to extend into the front yard setback when all of the following standards can be met:
a. The carport roof must be constructed in such a manner to appear as a part of the original construction of the principal structure.
b. The materials used in construction of the accessory use are compatible with the materials used in the principal use.
c. The carport meets side yard setback standards for the underlying zone.
d. The carport does not extend into or over any easement or any city right-of-way.
e. The carport roof slope shall comply with the requirements of garages in subsection (c) above, and have no less than a 4:12 pitch or match the roof pitch of the existing principal structure. A carport in conjunction with a southwestern style house shall have no less than a 2:12 roof pitch.
f. Staff is authorized to review the proposal for compliance with the above standards and approve the building materials for the project.
g. All attached carports shall meet the requirements of the adopted building codes of the City.
10. Residential front porches attached to the principal use and having three sides open may be constructed in conjunction with an allowed residential structure to extend a distance of ten feet into the front yard setback. However, in no case shall a residential porch extend to less than five feet from a street right-of-way or be constructed on or encroach over any recorded easement, public right-of-way or other private property. Such porches shall not be converted to living space or be enclosed with solid walls.
B. Setbacks. Detached accessory buildings shall be constructed to the established setbacks as illustrated in the following table:
Setbacks for Accessory Structures*
Detached accessory structures less than 10 feet in height | Detached accessory structures more than 10 feet in height | |
Side yard | 3 feet for structures up to 10 feet | 5 feet for structures exceeding 10 feet |
Rear yard | 3 feet for structures up to 10 feet | 5 feet for structures exceeding 10 feet |
From other accessory structures on the same property | 3 feet for structures up to 10 feet | 5 feet for structures exceeding 10 feet |
Corner lot (side street) | 3 feet for structures up to 10 feet | 5 feet for structures exceeding 10 feet |
*As measured from any side lot line, alley right-of-way or easement line.
(Ord. 17-29, 2017; Ord. 17-28, 2017; Ord. 10-14, 2010)
17.09.570 Reserved.
17.09.620 Reserved.
17.09.630 Reserved.
17.09.650 Reserved.
Editor’s note: Ord. No. 10-13, adopted September 14, 2010, repealed § 17.09.650, which pertained to street lighting and derived from prior code § 27-3-29.
17.09.660 Indoor water conservation standards.
A. Special Water Standards.
1. All new and remodeled lodging units and new residential dwelling units shall:
a. Install WaterSense-labeled fixtures, including, but not limited to, faucets, showerheads, toilets, and urinals.
b. Install Energy Star-qualified appliances.
2. Legal, Nonconforming Status.
a. Legal, nonconforming status shall be determined and processed consistent with the provisions in Chapter 17.12, General Provisions.
b. For remodeled or refreshed lodging units, any modifications to the fixtures or appliances shall come into compliance with this section. (Ord. 23-08 § 2, 2023)
17.09.665 Reserved.
17.09.670 Designated recreation areas for apartments.
Apartments and court apartments that have nine or more dwelling units shall designate twenty-five percent of the lot to be developed into recreation, play or landscaped areas. The designated twenty-five percent shall exclude parking, driveways, dwellings and required setbacks. Apartments and court apartments that have eight or less dwelling units shall designate fifteen percent of the lot to be developed into recreation, play or landscaped areas. The designated fifteen percent shall exclude parking, driveways, dwellings and required setbacks. (Ord. 93-14, 1993)
17.09.680 Reserved.
17.09.690 Development design standards for all primary residential dwellings.
All residential single-household dwelling units in all zones where residential dwelling units are allowed shall have at a minimum a twenty-four-foot horizontal wall and a fourteen-foot horizontal wall bisected by an angle on at least two non-opposite sides; i.e., other than directly opposite sides of the structure. (Ord. 19-13 §§ 5, 21 (part), 2019; Ord. 06-01 (part), 2006)
17.09.700 Residential short-term rentals prohibited.
Except for accommodations for qualifying participants under Sections 17.06.020 and 17.24.020(A) and bed and breakfast facilities and guest apartments that comply with Chapter 17.70 or 17.71, the short-term rental of dwellings is prohibited in the following zones: A-2, C-1, C-3, C-5, FW, I-1, R&D-1, R-2, R-3, R-4, RA-1, and all other zones where short-term rentals are not listed as a permitted use:
A. For the purposes of this section, “short-term rental” shall be defined as:
1. The use, occupancy, rent or lease, for direct or indirect remuneration, of a structure or any portion thereof constructed for single-household or multihousehold occupancy or of any other residential property for an effective term of thirty consecutive calendar days or less;
2. The commercial use, by any person, of residential property for boarding house, hostel, hotel, inn, lodging, motel, resort or other transient lodging uses where the term of occupancy, possession or tenancy of the property by the person entitled to such occupancy, possession or tenancy for a term of thirty consecutive days or less.
B. For the purposes of this section, “remuneration” means compensation, money, rent, or other bargained for consideration given in return for occupancy, possession, or use of real property. (Ord. 24-03 § 1(3), 2024)