Article 4 Special Purpose and Overlay Districts

4.1 General

4.1.1 Special purpose districts

Special purpose districts are base districts established to provide standards addressing unique circumstances or conditions affecting single sites where the development of such sites is of special public concern. Upon approval of special purpose district zoning, the special purpose district replaces the previous base district.

4.1.2 Overlay districts

Overlay districts are established to provide for certain additional requirements for properties located in one or more base zoning districts. Thus, in addition to the requirements of the underlying base zoning district, the provisions of the overlay district would also prevail in the areas so zoned. In certain areas of Grand County, two or more overlay districts may apply. In any such instance where there are conflicting provisions, the more stringent requirements shall apply.

4.2 SPA, Specially Planned Area

4.2.1 Purpose

The SPA, Specially Planned Area District is a special purpose district designed to implement the Moab/Grand County North Gateway Plan, an amendment to the Grand County General Plan. The SPA district is intended to serve as “interim” zoning for the Moab mill site (Atlas) pending the completion of the anticipated reclamation and remediation activities. While the district permits low density residential uses, community preference at this time is that the land be restored to a relatively natural state and preserved as open space. Upon completion of the site reclamation, more specific land uses should be determined following site-specific future land use planning as part of a General Plan amendment. In addition to the use and dimensional standards of this section, development in the SPA district shall be in compliance with all other applicable provisions of this LUC.

4.2.2 Permitted Uses

The following uses shall be permitted-by-right:

Dwelling unit, single-family

County facilities

Essential services

4.2.3 Conditional Uses

Conditional uses shall be allowed in accordance with Section 9.11.

Mining and extractive uses, subject to the use-specific standards or Section 3.2.4D.

Waste materials management facilities and uses, subject to the use-specific standards of 3.2.4N.

4.2.4 Accessory Uses

The following accessory uses shall be allowed:

Accessory use or structure, subject to the use-specific standards of Section 3.3.

Home occupation, subject to the use-specific standards of Section 3.3.2G.

4.2.5 Temporary Uses

Temporary uses shall be allowed in accordance with Section 9.11 of this LUC.

Field office, temporary, subject to the use-specific standards of Section 3.3.3B.

4.2.6 Lot Design Standards

Development in the SPA District shall be subject to the following standards:

A.    Minimum Lot Area: 5 Acres

B.    Minimum Front and Street Side Setbacks: 25 Feet

C.    Minimum Rear and Interior Side Setbacks:

1.    Principal structures: 10 feet

2.    Accessory structures: See Section 3.3

D.    Minimum Lot Width: 400 Feet

E.    Maximum Height: 24 Feet

4.2.7 Special Open Space Requirement

Notwithstanding provisions to the contrary, the minimum undeveloped open space in each development within the SPA District shall be 80 percent.

4.2.8 District Standards

All land uses and structures shall:

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

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

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

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

4.3 AL, Airport Limitation District

4.3.1 Purpose

The AL, Airport Limitation District is a special purpose district intended to establish standards assuring the long-range, safe and beneficial use of Canyonlands Field.

4.3.2 Airport Zoning Commission

A.    Commission Established

1.    The Grand County Planning Commission is designated as the "Airport Zoning Commission" as prescribed in Utah Code §72-10-405.

2.    In this LUC and State law, any references to the "Airport Zoning Commission" shall mean the Grand County Planning Commission.

3.    If the Planning Commission is empowered in this LUC to take actions that are duties of the Airport Zoning Commission as prescribed in Utah law the Planning Commission shall be presumed to be functioning as the Airport Zoning Commission.

B.    Duties

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

4.3.3 Airport Board of Adjustment

A.    Board Established

1.    The Grand County Airport Board shall designate an "Airport Board of Adjustment" as prescribed in Section 72-10-410, Utah Code Annotated 1953.

2.    The Board of Adjustment shall consist of five members, each to be appointed for a term of three years, by Grand County Council and to be removable for cause, upon written charges and after public hearing.

B.    Procedure

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

C.    Duties

1.    The Airport Board of Adjustment shall hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of the airport zoning regulations, as provided in Section 72-10-408, Utah Code Annotated 1953, and to perform such other duties as may be assigned it by the County Council or Utah law.

2.    To hear and decide specific variances as provided in Section 72-10-407(2), Utah Code Annotated 1953. [Ord. 537, 2015.]

4.3.4 Grand County Airport Board

A.    Board Established

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

B.    Duties

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

4.3.5 Lot Design Standards

Development in the AL district shall be subject to the following standards:

A.    Minimum Lot Area: 5 Acres

B.    Minimum Front and Street Side Setbacks: 25 Feet

C.    Minimum Rear and Interior Side Setbacks:

1.    Principal structures: 10 feet

2.    Accessory structures: See Section 3.3

D.    Minimum Lot Width: 400 Feet

E.    Maximum Height: 24 Feet

4.3.6 Permitted Uses

The following uses shall be permitted-by-right

A.    Residential Uses

See Section 4.3.9D

B.    Public or Civic Uses

Essential services

C.    Retail, Service and office Uses

Those allowed by the Airport Master Plan

D.    Agriculture and Agriculture Related Uses

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

Farm, orchard or truck garden

Grazing

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

Airport

4.3.7 Conditional Uses

Conditional uses shall be allowed in accordance with Section 9.11.

Animal pound or kennel (public or private)

Barn, corral, pen, coop or machinery shed, subject to the use-specific standards of 3.2.5B

Dwelling, single-family

Dude ranch or destination resort, subject to the use-specific standards of 3.2.3F

Electric substation

Mining

Manufactured home, subject to the use-specific standards of 3.2.1H

Oil and gas drilling

Waste materials management, subject to the use-specific standards of 3.2.4N

4.3.8 Accessory Uses

The following accessory uses shall be allowed:

Accessory use or structure, subject to the use-specific standards of Section 3.3

Dwelling unit, accessory, subject to the use-specific standards of Section 3.3.2B

4.3.9 District Standards

All uses in the AL District shall be in compliance with the Airport Master Plan, Airport Layout Plan, and Noise Contour Map as adopted by the Grand County Airport Board, and incorporated into this section by reference as it pertains to airport land uses, and subject to the regulations of this section:

A.    Conforming Uses only

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

B.    Creation of Airport Hazards Prohibited

No variance, permit, or use shall be allowed that would create or enhance an airport hazard.

C.    General Use and Operational Limitations

No use shall be permitted which:

1.    Creates or tends to create electrical interference to navigational devices and communication between aircraft and airports;

2.    Creates or tends to create gas, smoke, dust, glare, or other visual hazard in the atmosphere around airports or in the airport hazard area;

3.    Creates or tends to create structures that interfere with aircraft safety; or

4.    Creates or tends to create any type of hazard for the airport that would inhibit or constrain safe and acceptable airport operations

D.    Residential Use Limitation

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

E.    Height Limitation

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

F.    Architecture and Landscaping

1.    The architectural style of accessory hangers, storage and maintenance facilities, and similar service uses shall be complementary to the principal structures and appropriate for the site and proposed use.

2.    The landscaping around the buildings shall be low maintenance and extend 20 feet around the buildings.

3.    All buildings shall comply with applicable Federal, State and local Standards.

4.3.10 Mandatory Referral

Prior to the issuance of zoning development or Building Permit, permit applications shall be referred to the Airport Board and to the Federal Aviation Administration, Denver Airports District office (FAA) for comment. In making its determination as to whether a proposed land use is consistent with the standards of this section, the County shall give substantial weight to the recommendations of the Grand County Airport Board and the FAA.

4.4 -PUD, Planned Unit Development

4.4.1 Purpose and intent

The -PUD, Planned Unit Development is an overlay district designed to provide for modification of the otherwise applicable dimensional and density standards of the underlying base district as specified in Article 5, Lot Design Standards, in order to accomplish one or more of the following purposes:

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

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

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

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

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

F.    Achieve a compatible land use relationship with surrounding areas; and

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

4.4.2 Applicability

Upon approval, the underlying base zoning district as modified by the approved -PUD master plan shall control development within a -PUD district. –PUD district master plans may be approved for properties in single ownership or in contiguous (multiple) ownership or control.

4.4.3 Approval Procedures

-PUD district developments shall be reviewed and approved in accordance with the procedures of Section 9.2, Text and Zoning Map Amendments (Rezonings), and shall be considered to be a zoning map amendment.

4.4.4 Identification on Zoning Maps

Approved -PUD district developments shall be indicated on the official Zoning Map.

4.4.5 Allowed Uses

Any use or combination of uses allowed by the underlying base district(s) are permitted in a Planned Unit Development; provided, however, that non-residential uses shall be those of the underlying zoning district.

4.4.6 Lot Design Standards

In order to achieve the purpose and intent of these -PUD regulations, variation may be permitted relative to underlying base district standards with respect to the minimum lot area, setbacks, and lot width.

4.4.7 Density

Maximum density shall be no greater than that permitted in the underlying zone district prior to -PUD approval, unless the project meets the requirements for affordable housing density bonus incentives (in accordance with Section 4.4.8) or opens space density bonus incentives (in accordance with Section 4.4.10).

4.4.8 Affordable Housing, Density Bonus Incentives

Maximum residential density may be increased at the option of the developer in the MFR, SLR, and LLR base zoning districts in accordance with the requirements of this subsection, provided that at least 50 percent of the bonus dwelling units provided in “Density Incentive 1” and 70 percent of the bonus dwelling units provided in “Density Incentive 2” shall be affordable housing restricted in accordance with the requirements of Section 6.14. Maximum allowed density by district shall be as follows:

Maximum Density by District

(Units per Gross Acre)

Conventional

Affordable Housing

Qualifying Zone Districts

Density Incentive 1

Density Incentive 2

MFR, Multi-family Residential

8

14

18

SLR, Small Lot Residential

5

6.5

7.5

LLR, Large Lot Residential

2

2.6

3

NOTE:

A minimum of 50 percent of the bonus dwelling units in “Density Incentive 1” and a minimum of 70 percent of the bonus dwelling units in “Density Incentive 2” must be affordable housing restricted in accordance with the requirements of Section 6.14.

4.4.9 Road Design Standards

Variation from otherwise required road design standards may be approved where the applicant demonstrates to the satisfaction of the County that such exception will not be detrimental to the public health, safety and general welfare, and where private road maintenance is provided by a Homeowners’ Association or other similar entity.

4.4.10 Open Space, Density Bonus Incentives

A density bonus of up to 20 percent may be approved at the discretion of Planning Commission for projects providing 20 percent or more open space.

Beneficial open space eligible for the density bonus shall provide the following:

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

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

[Ord. 544, 2016.]

4.4.11 Master Plan Requirement

In approving a -PUD district development in accordance with this section, the County Council shall require a master plan of the development. A comparison of the proposed development with the standards of underlying zoning district and a statement by the applicant describing how the proposed development provides greater benefits to the County than would a development carried out in accordance with otherwise applicable zoning and development regulations;

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

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

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

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

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

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

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

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

[Ord. 544, 2016.]

4.4.12 Public Land Dedications

In addition to land required for public rights-of-way and easements, the County shall require the dedication to the County of:

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

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

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

D.    Historic sites and buildings.

[Ord. 544, 2016.]

4.4.13 Architectural Review

The Planning and Zoning Commission may require an architectural site plan to review for the purpose of promoting the preservation of the visual character of the neighborhood, the stability of land values, the public safety, and the general welfare by preventing the erection of structures or additions or alterations, which are not properly related to their sites or to prevent the indiscriminate clearing of property, excessive grading, and the destruction of trees and shrubbery. In carrying out the purpose of this section with respect to the external design of the buildings, approval shall be considered in accordance with the following objectives:

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

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

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

[Ord. 544, 2016.]

4.4.14 Additional Conditions

The County shall impose such other conditions as are deemed necessary to accomplish the purposes of this section, this LUC and the General Plan. [Ord. 544, 2016.]

4.4.15 Minor Amendments

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

1.    Changes that result in a decrease in assigned density or intensity for a specific parcel, either residential or nonresidential.

2.    Change in land use designation from multi-family to single-family or a change from any other use to common area or open space.

3.    Change in major infrastructure features (e.g. roads/access, sewer, water, storm drainage) of the master plan area, which are beneficial to the residents of the master plan area.

4.    Change in land use designation from single-family to multi-family with no increase in permitted site-specific density.

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

[Ord. 544, 2016.]

4.4.16 Major Amendments

All other proposed amendments to a listed master plan or master plan text not specifically addressed above shall be considered major amendments and must be processed in accordance with the procedures and requirements of Section 9.2, Text and Zoning Map Amendments (Rezonings). [Ord. 544, 2016.]

4.4.17 Effect on Other Code Standards

Except as expressly authorized by the regulations of this section and approved as a part of a -PUD master plan in accordance with the procedures of Section 9.2, Text and Zoning Map Amendments (Rezonings), the standards of this LUC shall apply to development within a -PUD. [Ord. 544, 2016.]

4.5 -WSPO, Water Source Protection Overlay District

4.5.1 Purpose

The -WSPO, Water Source Protection Overlay District is an overlay district intended to protect ground water and the recharge basin for current and future public, culinary water supplies in Grand County. To this end, the –WSPO district shall be applied to recharge areas designated according to U.S. EPA Sole Source Aquifer recharge area and approved by the Utah Division of Drinking Water, or other resource specific study approved by the state engineer. Land uses within the –WSPO district are strictly limited and subject to conditions designed to prevent chemical or pathogen contamination of culinary water supplies.

4.5.2 Allowed Uses

Uses are allowed in the -WSPO district shall be as specified in the underlying base district; provided that:

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

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

4.5.3 Lot Design Standards

All development in the -WSPO district shall comply with the Lot Design Standards of the underlying zoning district; provided that the density of uses may be further limited as necessary to protect culinary water supplies from chemical and/or pathogenic contamination, and to ensure compliance with the Drinking Water Source Protection Rules of the Drinking Water Division of the State of Utah.

4.5.4 District Standards

All principal and accessory structures shall comply with the following requirements:

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

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

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

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

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

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

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

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

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

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

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

L.    Alternative Compliance

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

4.6 -OAO, Overnight Accommodations Overlay District

4.6.1 Purpose

The -OAO, Overnight Accommodations Overlay District is an overlay district intended to designate subdivisions and developments within which overnight accommodations are permitted. Overnight accommodations use of residential dwelling units is an important part of the Grand County economy and tradition, but such use is not appropriate in all districts and parts of the county. The -OAO district should be applied only to entire developments and subdivisions or to portions of such developments and subdivisions planned or historically used primarily for such use and activity, and where appropriate and compatible with adjacent land uses and neighborhoods. The -OAO district will not be applied to individual units or lots.

4.6.2 Allowed Uses

Uses allowed in the -OAO district shall be as specified in the underlying base district; provided that residential dwelling units otherwise allowed may be occupied for time periods of less than 30 days.

4.6.3 Lot Design Standards

All development in the -OAO district shall comply with the Lot Design Standards of the underlying zoning district.

4.6.4 District Standards

All principal and accessory structures shall comply with the following requirements:

A.    Occupancy of dwelling units in the -OAO district may be less than 30 days in duration.

B.    An individual business license shall be required for each dwelling unit rented for time periods of less than 30 days.

C.    Such units shall be managed by a Utah-licensed property management agent or company with a local, Grand County representative; properly licensed to conduct business in Grand County; and shall collect and pay all applicable taxes, including but not limited to, the TRT tax.

D.    Additional off-street parking may be required as necessary to mitigate impacts on adjacent land uses and neighborhoods.

E.    Current contact information for property owners or management agencies or companies shall be posted in an accessible location outside such units or project.

F.    Potential impacts upon affected public water sources shall be reasonably mitigated.

G.    Properties designated by the –OAO district shall have direct access to an arterial or collector street.

H.    Property used for such rentals shall not be considered abandoned pursuant to Section 1.10.6 solely for reason of vacancy for a period of six months; provided, however, that such property shall not be considered abandoned so long as such property is rented at least once during each 12 consecutive months.