Article 6 General Development Standards Revised 11/19

6.1 Off-street Parking

6.1.1 Purpose

The purpose of this section is to require off-street parking facilities in proportion to the parking demand for each use in order to ensure functionally adequate, aesthetically pleasing and secure off-street parking. The regulations and design standards of this section are intended to accomplish the following:

A.    To ensure the usefulness of parking facilities;

B.    To ensure sufficient parking spaces on-site in order to prevent excessive parking on public streets and in residential neighborhoods; and

C.    To ensure that access to parking does not impair the function of adjacent roadways or endanger the public safety.

6.1.2 Applicability

A.    New and Complying Development

New development occurring after the effective date of this section, and development existing on the effective date of this section and complying with the number of off-street parking spaces required by this article shall be subject to the following provisions.

1.    Every use of a building or land hereafter established shall provide the minimum off-street parking spaces as required by this section.

2.    The number of parking spaces may be reduced when the land use or floor area of a building is changed or reduced to a use or floor area for which fewer parking spaces are required. Spaces shall not be reduced below the minimum required by this section.

3.    Building Permits and Certificates of Occupancy may be issued for a change of use or remodeling or structural alterations in developments containing legally non-complying parking areas, without requiring compliance with this section, provided that such redevelopment does not result in an increase in the number of required parking spaces.

4.    Any building expansion or change of use that results in an increase over the number of parking spaces that would be required under this section for the lot shall provide additional parking spaces only for that increment of the expansion, as if it were a separate development. Only the expanded portion of the parking area shall be required to comply with the provisions of this section.

6.1.3 Computing Parking

The minimum number of parking spaces required for a specific development proposal shall be based on the requirements listed in Section 6.1.4, Off-street parking requirements, and the following provisions.

A.    Unlisted Uses

Where questions arise concerning the minimum off-street parking and requirements for any use not specifically listed, the requirements may be interpreted as those of a similar use.

B.    Multiple Uses

In computing the parking requirements for any building or development, the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in the building or development.

C.    Fractions

When measurements determining the number of required parking spaces result in fractions, any fraction less than ½ shall be disregarded and any fraction of ½ or more shall be rounded upward to the next highest full number.

6.1.4 Off-Street Parking Requirements

Off-street parking spaces shall be provided on-site in accordance with the following minimum requirements.

SCHEDULE OF OFF-STREET PARKING REQUIREMENTS

Specific Use

Minimum Number of Spaces Required

Residential Uses

Single-family, and two-family dwellings

2.0 per dwelling unit

Mobile and manufactured homes

2.0 per dwelling unit

Multi-family dwellings

Efficiency and one-bedroom

1.5 per dwelling unit

Two-bedroom

1.75 per dwelling unit

Three-bedroom and Larger

2.0 per dwelling unit

Bed and breakfasts

1.0 per bedroom

Motels or hotels

1.0 per rental unit

Accessory and Temporary Uses

Dwelling unit, accessory

Same as multi-family dwellings

Caretaker or guard residence, accessory

2.0 per dwelling unit

Field office, temporary

None

Sales trailer, temporary

None

Public and Civic Uses

Assisted living, nursing homes and group care facilities

1.0 per 4 beds + 1.0 per 100 square feet of assembly area

Charitable, civic, youth, social and fraternal organization

1.0 per 200 sq. ft.

Church or Place of Worship

1 per 3 seats

County facilities

Determined by parking study per Section 6.1.5

County and state shops and storage yards

Determined by parking study per Section 6.1.5

Cemeteries, mausoleums

None

Day care centers

1.0 per 250 sq. ft.

Electric substation

None

Essential services

Determined by parking study per Section 6.1.5

Golf courses

3.0 per hole

Golf driving ranges

1.0 per tee

Homes for disabled persons or seniors

2.0 per dwelling unit

Hospital

1.0 per bed

Libraries

1.2 per 1000 sq. ft.

Medical clinic

1.0 per 200 sq. ft.

Parks/playgrounds

Determined by parking study per Section 6.1.5

Penal or correctional facilities

0.6 per employee + 1.0 per 25 inmates

Private club or lodge

1.0 per 200 sq. ft.

Schools, public or private

K-6 grade

2.5 per classroom

7-9 grade

3.5 per classroom

10-12 grade

6.0 per classroom

College

15.0 per classroom

Retail, Commercial, and Personal Service and Uses

Amphitheaters, auditoriums and arenas

1.0 per 4 seats

Amusement parks

Determined by parking study per Section 6.1.5

Art galleries

1.2 per 1000 sq. ft.

Athletic or health clubs

1.0 per 200 sq. ft.

Automotive supplies

1.0 per 400 sq. ft.

Bakeries, retail

1.0 per 100 sq. ft.

Banks, financial institutions and loan companies

1.0 per 250 sq. ft.

Beauty or barber shops

1.0 per 200 sq. ft.

Book stores

1.0 per 200 sq. ft.

Bulk materials storage

1.0 per 2,000 sq. ft.

Car washes, automatic or self-service

2.0 stacking spaces per bay

Cigar shop

1.0 per 200 sq. ft.

Coffee shop

1.0 per 3 seats

Convenience stores

1.0 per 400 sq. ft.

Crematoriums and mortuaries

1.0 per 400 sq. ft.

Fairgrounds

Determined by parking study per Section 6.1.5

Farmers market

Determined by parking study per Section 6.1.5

Furniture and appliance stores

1.0 per 400 sq. ft.

Greenhouse/nursery, retail

1.0 per 200 sq. ft.

Grocery stores and supermarkets

1.0 per 200 sq. ft.

Liquor stores

1.0 per 200 sq. ft.

Magazine and newsstand

1.0 per 200 sq. ft.

Mail order

0.6 per employee

Office, business and professional

1.0 per 250 sq. ft.

Open air sales, temporary

None

Outside sales or display

1 per 500 sq. ft.

Rental car agencies

1.0 per 200 sq. ft.

Restaurants and taverns

1.0 per 3 seats

Swimming pool commercial

1.0 per 125 sq. ft.

Theaters

0.25 per seat

Industrial, Communications, Transportation, and Automobile-Relate Uses

Airports, heliports

Determined by parking study per Section 6.1.5

Asphalt batch plant with/without rock crusher

0.6 per employee

Auto repair garage

1.0 per 400 sq. ft.

Bakeries, wholesale

1.0 per 200 sq. ft.

Building materials, sales and yards

1.0 per 400 sq. ft.

Carwash

1.0 per employee

Concrete or redi-mix plant

0.6 per employee

Foundry

0.6 per employee

Truck freight terminal and parking lot

0.6 per employee

Gasoline and petroleum product storage

0.6 per employee

Gasoline service stations

1.0 per 400 sq. ft.

Hazardous-waste

0.6 per employee

Impound lot

None

Incinerators

0.6 per employee

Landing strip, private

Determined by parking study per Section 6.1.5

Machinery storage yard

0.6 per employee

Manufacture, general

0.6 per employee

Manufactured home sales

1.0 per 750 sq. ft.

Manufacturing, hazardous/objectionable

0.6 per employee

Mining and extractive uses

None

Oil and gas drilling

None

Parking garages and lots

None

Post offices

1.0 per 250 sq. ft.

Power plant

0.6 per employee

Production yard, outdoor

0.6 per employee

Quick lube services

1.0 per 400 sq. ft.

Racetracks, animal or motor

1.0 per 4 seats

Railroad facilities, including shops

Determined by parking study per Section 6.1.5

Recycling centers

0.6 per employee

Repair services, general or limited

1.0 per 400 sq. ft.

RV and boat storage

none

RV parks and campgrounds

1 per space

Self-storage or mini-warehouse

1.0 per 100 lockers

Telecommunications facilities

None

Utility service yard or garage

0.6 per employee

Veterinary clinics, small animals

1.0 per 300 sq. ft.

Warehouse, commercial

1.0 per 2000 sq. ft.

Warehouse, storage

1.0 per 2000 sq. ft.

Waste materials management

0.6 per employee

Wholesalers of food, clothing, auto parts, building hardware

0.6 per employee

Wrecking or salvage yards

0.6 per employee

Agricultural Uses

Agricultural animals

None

Agricultural implement sales/service

1.0 per 400 sq. ft.

Agricultural service

0.6 per employee

Agriculture

None

Animal feed lot

0.6 per employee

Animal pound or kennel (public or private)

0.6 per employee

Barn, corral, pen, coop or machinery shed

None

Farm, orchard, vineyard or truck garden

None

Feed mill

0.6 per employee

Fruit and vegetable stand

Determined by parking study per Section 6.1.5

Greenhouse or nurseries, wholesale or retail

0.6 per employee

Stables, public and riding academies

0.6 per employee

Veterinary clinics, large

1.0 per 500 sq. ft.

Winery

0.6 per employee

6.1.5 Determined by Parking Study

Some uses have widely varying parking demands, making it difficult to specify a single requirement. The off-street parking requirement for such uses shall be established by the Zoning Administrator based on estimates of parking demand, which may include recommendations of the Institute of Traffic Engineers (ITE), data collected from uses that are the same or comparable to the proposed use, or other relevant information. The Zoning Administrator may require that the applicant submit a parking study that provides analysis and justification for the proposed number of spaces to be provided. Parking studies shall document the source of data used to develop the recommendations. The Zoning Administrator shall review the submitted study along with any other traffic engineering and planning data that are appropriate and establish the off-street parking requirements for the use proposed.

6.1.6 Extraordinary Parking Demands

Where extraordinary parking demands are reasonably expected, the Zoning Administrator may require off-street parking in addition to the above requirements.

6.1.7 Parking Space Dimensions, Lighting and Design

Where extraordinary parking demands are reasonably expected, the Zoning Administrator may require off-street parking in addition to the above requirements.

A.    Off-street parking serving commercial and multi-family uses shall be setback at least 15 feet beyond the front yard setback.

B.    Each off-street parking space shall consist of an open area measuring at least 9 feet wide by 20 feet long and 7 feet high; provided, however, parallel parking spaces shall measure at least 9 feet wide by 23 feet long and 7 feet high.

C.    Each off-street parking space shall open directly onto an aisle or driveway that is not a public street or a public alley. Aisles and driveways shall not be used for parking vehicles.

D.    Off-street parking shall be free of weeds, properly drained, and surfaced with concrete, asphalt, permeable pavers or any other material that suppresses dust and provides a hardened surface suitable to support vehicular traffic, and shall be maintained in a usable condition at all times.

E.    Where establishments are open or operated after dark, security lighting shall be provided in parking lots with a minimum ground level illumination of 0.5 foot candles at any location in the lot. Lighting shall be so arranged as to reflect the light away from adjoining residential areas.

F.    Off-street parking areas serving development in the MFR, Multi-family Residential, and any non-residential zoning district shall be landscaped and screened in accordance with requirements of Section 6.4, Landscaping and Screening.

6.2 Driveways and Access

Driveway improvements should be extended and connect directly to the street surface. All required off-street parking shall be provided with driveway access to a street or road in accordance with the standards of this section:

6.2.1 Minimum Driveway (Surface) Width

Driveways shall be a minimum of 10 feet in width when serving one (1) dwelling unit, or 16 feet wide (“Access Tract” per Grand Construction Standards) when serving more than one (1) residence or another use such as a bed and breakfast.

6.2.2 Maximum Driveway Frontage

The combined width of driveway cuts or entrances shall not be more than 40 percent of the frontage of the lot along any street or alley.

6.2.3 Corner Visibility – Street, Alley and Driveway Intersections

No walls, buildings or other obstruction to view in excess of 4 feet in height shall be placed on any corner lot within a triangular area formed by the property line and a line connecting them at points 30 feet from the intersection of the property lines.

6.2.4 Highway Access Permit

A Highway Access Permit must be approved by UDOT for each new use or structure with direct access to a state highway. Curb and gutter may be required along the entire highway frontage if required by UDOT.

6.3 Fences and Walls

6.3.1 Purpose

The standards of this section are intended to maintain attractive streetscapes and to provide for adequate privacy and security, without impeding or obstructing vision at intersections.

6.3.2 Height and Location of Fences and Walls

A.    General

All fences and walls shall comply with the requirements of this subsection.

1.    All fences and walls shall be erected in accordance with the requirements of Section 6.2.3, Corner visibility – street, alley and driveway intersections.

2.    All fences and walls over 6 feet in height shall require a building permit and must be constructed in conformance with the International Building Code.

B.    Residential Districts

Fences and walls in residential districts shall comply with the requirements of this subsection.

1.    No fence or wall erected within a required front yard shall exceed 4 feet in height.

2.    Barbed wire shall be prohibited except as follows:

a.    Agricultural and ranching operations may utilize barbed wire in fencing up to 4 feet high, and

b.    Telecommunications facilities may utilize barbed wire for security purposes in otherwise conforming fences.

C.    Nonresidential Districts

Fences and walls in nonresidential districts comply with the requirements of this subsection.

1.    No fence or wall erected within a required front yard shall exceed 6 feet in height.

2.    No fence or wall erected within a required side or rear yard shall exceed 6 feet in height; provided, however, with adequate demonstration of necessity, the Zoning Administrator may approve security fencing higher than 6 feet subject to the following requirements:

a.    Such fencing shall comply with the setback requirements for structures in the underlying zoning district, and

b.    A dense and irrigated, landscaped buffer shall be installed and maintained between the fence and the property line.

3.    No barbed wire shall be allowed below 6 feet adjacent to any residential district or residential use.

6.4 Landscaping and Screening

6.4.1 Purpose

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

6.4.2 Applicability

This section shall apply to all multi-family and non-residential development, provided that a one-time expansion of the floor area of buildings on a lot or building tract not exceeding 25 percent of the existing floor area shall not be subject to the requirements of this section.

6.4.3 General Requirements

A.    Landscape and Site Plan

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

1.    Location of existing and proposed buildings, parking areas, street improvements;

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

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

4.    Underground irrigation system to be used in each planted area;

5.    Walls and screening devices.

B.    Location of Utilities

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

C.    Installation

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

D.    Maintenance Requirements

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

2.    Any plant materials not surviving shall be replaced within 30 days of its demise or in the next appropriate season.

E.    Landscaping Standards

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

1.    Shrubs, Trees and Grasses

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

2.    Trees

One tree with a minimum 2 inch caliper shall be utilized per 1,000 square feet, or fraction thereof (in no case closer than 35 feet apart) of required landscaped area, provided, however, the Planning Commission may waive this requirement where it finds that trees are either impractical due to water supply problems or inappropriate to the natural setting; and,

3.    Shrubs, Grasses, Ground Covers, and Inorganic Materials

Any combination of shrubs, grasses, ground covers, and inorganic materials may be used for the balance of the required landscaping at the developer’s discretion.

4.    Existing Landscaping

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

5.    Minimum Plant Sizes

The following minimum plant size requirements shall apply in all cases:

Minimum plant sizes

Plant Type

Minimum Size

Deciduous Trees

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

Evergreen Trees

6 feet tall

Shrubs

5-gallon container size + 24 inches tall

Ground Cover

1-gallon container with 12 inch spread

6.    Irrigation

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

F.    Screening Standards

Where screening standards are required by this Code, the following screening standards shall apply:

1.    Screening Materials

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

2.    Height of Screening Devices

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

3.    Screening Plant List

Plants used to satisfy any required screening standards shall be limited to plants with a mature height of between 6 and 15 feet and foliage characteristics similar to those of the recommended plants for this purpose (see “Commentary” below).

4.    Parking Areas

The perimeter of all parking areas shall be screened to a minimum height of 3 feet above the highest finished grade of the parking area. The minimum width of the landscaped street buffer from the street line to the parking area shall be 15 feet.

5.    Outdoor Storage Areas

All outdoor storage areas for materials, trash, mechanical equipment, vehicles, or other similar items shall be screened from street view by a minimum 6 foot high screening device. Such screening device shall consist either of plant material or a wall constructed of or finished with materials to match the main building of the site.

6.5 Signs

6.5.1 Purpose and Intent

This section is designed to encourage and promote a consistent and appropriate signage element for the benefit of the citizens as well as the business community. These regulations are not designed or intended to discourage or inhibit aesthetically pleasing signage design, materials, and placement.

6.5.2 Applicability

The following regulations shall govern the placement and construction of all outdoor advertising display within Grand County.

6.5.3 Exempt Signs

Exempt signs shall include the following signs:

A.    Temporary (45 days or less) civic, political, cultural and public service posters;

B.    Temporary (30 days or less) promotional or special sales signs, when erected in conjunction with a commercial establishment;

C.    Temporary signs announcing the sale or leasing of a property or building shall be exempt provided they do not, individually or collectively exceed 8 square feet and are promptly removed after sale or leasing of the subject property;

D.    Permanent signs identifying the name of an agricultural operation or non-commercial institution located on-site or within the premises, up to an area of 20 square feet; provided, if building mounted, these signs shall be flat wall signs, shall not project above the roof line and may have an area of up to 24 square feet;

E.    Warning signs such as “no soliciting”, “no trespassing”, “beware of dog”, or other similar types of signs not exceeding 1½ square feet;

F.    Flag poles that display government flags;

G.    Traffic control signs installed by proper authorities; and

H.    Normal and customary Christmas or other seasonal, holiday decorations.

[Ord. 580, 2018.]

6.5.4 Prohibited Signs

Prohibited signs include the following signs:

A.    Signs advertising business, activity, product or service not conducted on the premises upon which sign is located, such as billboards;

B.    Signs employing mercury vapor, low pressure and high pressure sodium, metal halide lighting, internal illumination, and plastic panel rear-lighted;

C.    Signs on roofs, dormers, and balconies;

D.    Signs containing statements, words, or pictures of an obscene, indecent or immoral character;

E.    Signs that contain or consist of ribbon streamers, strings of light bulbs, spinners, or other similarly moving devices;

F.    Signs that have a moving part or are portable or wheeled; and

G.    Signs painted or mounted upon the exterior side or rear walls of any principal or accessory building or structure, except as otherwise permitted hereunder.

6.5.5 Permitted Signs

A.    Non-Residential Zone District Signs

Signs permitted in the non-residential zoning districts as identified in Section 2.1, shall be limited to the following:

1.    Wall Mounted or Painted Signs

Wall mounted or painted signs, in accordance with the following standards:

a.    Such signs shall be affixed to the front facade of the building, and shall project outward from the wall to which it is attached no more than 6 inches;

b.    The area of the signboard shall not exceed 40 square feet; provided, however, the area of the signboard advertising a home occupation shall be limited to 226 square inches; and

c.    The maximum permitted height shall be 24 feet above the adjacent grade, and shall not extend above the building façade.

2.    Projecting Signs

Projecting signs, including graphic or icon signs, mounted perpendicular to the building wall, in accordance with the following standards:

a.    The signboard shall not exceed an area of 8 square feet;

b.    The distance from the building wall to the signboard shall not exceed 6 inches; and

c.    The width of the signboard shall not exceed 4 feet.

3.    Painted Window or Door Signs

4.    Free Standing Signs

a.    One (1) free standing sign is permitted per on-site business or land use;

b.    Each free-standing sign shall be limited to a maximum of 24 feet in height;

c.    Each free-standing sign may have a maximum of 2 faces and a maximum area of 40 square feet per face; provided, however, the maximum area per face shall be 8 feet by 24 feet per face in the HC, Highway Commercial District.

d.    Each of the 2 faces shall be the same size and be joined back-to-back without any overlap.

5.    Other Signs

All other non-residential zone district signs shall be subject to Planning Commission approval.

B.    Residential Zone District Signs

Signs permitted in the residential zoning districts as identified in Section 2.1, shall be limited to the following:

1.    A wall sign of up to 24 square feet may be erected on each multi-family building or complex.

2.    Monument-style signs shall be permitted to identify the entrance(s) to a residential subdivision, or multi-family building or complex, provided, each monument style sign shall be limited to 12 feet in height, a single face and a maximum of 20 square feet per face.

3.    A free-standing sign up to 12 feet in height and up to 4 square feet per face may be erected on site to identify a bed and breakfast or home occupation

C.    Directional Signs in Any District

Off-premises directional signs for the convenience of the traveling public may be permitted in any residential or non-residential zone district, advertising Bed and Breakfast Establishments; Recreational Vehicle/Travel Trailer Parks; Recreational Facilities; Natural Areas, Parks, or Preserves; and Agricultural Value-added Products Vendors, subject to the following:

1.    Each such use may have one (1) off-premises directional sign at a single appropriate access street or intersection;

2.    All such signs at a single intersection shall be attached and stacked on either a single 4-inch by 4-inch pole, or attached between 2 poles, 4-inch by 4-inch, which shall be shared with other approved advertisers;

3.    Each directional sign shall be of the same size, joined back-to-back without any overlap, and a maximum of 2 faces that measure 18 inches by 54 inches,

4.    Such signs may be located adjacent to a public rights-of-way, subject to the permission of the landowner, or, in the public rights-of-way, with the permission of the County or UDOT, as appropriate;

5.    Permits for directional signs shall not be issued where such standards are served by a sign installation approved by Moab City or UDOT; and

6.    No sign shall be allowed that prevents the driver of a vehicle from maintaining a clear and unobstructed view of official signs and approaching or merging traffic.

D.    Illumination

1.    Signs may be unlighted, lighted externally, lighted internally, or backlit. All sign lighting must be designed, directed, and shielded in such a manner that the light source is not visible beyond the property boundaries where the sign is located. Lighting for signs must be directed such that only the sign face is illuminated. All lighted signs must have stationary and constant lighting. All sign lighting is included in the calculation of total light output for a property.

a.    Standards for Externally Illuminated Signs

(1)    Lighting for externally illuminated signs must be aimed and shielded so that light is directed only onto the sign face and does not trespass onto adjacent streets, roads or properties or into the night sky.

(2)    Lighting for externally illuminated signs must be mounted at the top of the sign (or within two feet of the top of a wall-mounted sign), except for freestanding monument style signs which may be illuminated by ground-mounted lighting.

(3)    Lighting shall consist of no more than four individual fixtures (or lamps) per sign face and produce a maximum of 40,000 lumens per fixture.

(4)    All sign lighting shall be included in the calculation of total light output.

Permitted and Prohibited External Sign Lighting Configurations

Allowed

Not Allowed

Fully Shielded

Fully Shielded

Unshielded

b.    Standards for Internally Illuminated Signs

(1)    Only sign text areas and logos may be illuminated on an internally illuminated sign.

(2)    Internally illuminated signs shall use semi-opaque materials for sign text and logos such that the light emanating from the sign is diffused. Transparent or clear materials are not allowed for sign text and logos. Non-text portions of the sign (e.g., background and graphics other than the logo) shall be made of completely opaque material.

c.    Standards for Backlit Signs

(1)    The light source shall not be visible.

(2)    Backlit signs shall only allow indirect illumination to emanate from the sign. For example, signs that create a “halo” effect around sign copy are allowed.

d.    Standards for Illuminated Window Signs

(1)    Businesses may display a maximum of two illuminated window signs positioned to be primarily visible outside the business structure.

(2)    Illuminated window signs shall not exceed four square feet in area.

(3)    Illuminated window signs shall not be illuminated when the business is closed.

[Ord. 588, 2019.]

6.5.6 Permits

It shall be unlawful to erect, construct, reconstruct, alter, paint, or repaint, or change the use of any sign as defined in this section without first obtaining a sign permit pursuant to Section 9.15 of this LUC; however, a sign permit shall not be required to repaint a sign exactly as it was permitted for the purpose of maintenance.

6.6 Outdoor Lighting

6.6.1 Purpose

The purposes of this section are to:

A.    Encourage outdoor lighting practices that will minimize light pollution, glare, light trespass and sky glow to curtail the degradation of the nighttime visual environment;

B.    Prevent lighting nuisances on properties located in and adjacent to Grand County;

C.    Promote energy conservation;

D.    Improve nighttime safety, utility, security, and productivity;

E.    Develop an attractive nighttime appearance in the County;

F.    Minimize lighting health risks arising from inappropriate quantities and qualities of lighting;

G.    Prevent unnecessary or inappropriate outdoor lighting;

H.    Minimize nighttime impacts on nocturnal wildlife;

I.    Facilitate the economic development potential of astro-tourism, and the enhancement of the visitor experience in the Moab Area;

J.    Maintain the rural atmosphere of the County; and

K.    Encourage quality outdoor lighting through the use of efficient bulbs and light sources, fully shielded light fixtures, and limits on the location and uses of outdoor lighting.

[Ord. 588, 2019.]

6.6.2 Scope and Applicability

A.    All lighting should be consistent with and promote the purposes set forth in Section 6.6.1.

B.    All exterior outdoor lighting installed after the effective date of this section in all zones in the County shall conform to the requirements established by this section. This section does not apply to indoor lighting.

C.    All existing outdoor lighting that does not meet the requirements of this section and is not exempted by this section shall be considered a nonconforming use or part of a nonconforming structure subject to the five-year amortization schedule outlined in Section 6.6.10B.3.

[Ord. 588, 2019.]

6.6.3 Definitions

“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 describes the light output of a luminaire.

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 3,000 K are usually considered “warm” sources, while those with a CCT above 3,000 K are usually considered “cool” in appearance.

“Developed acre” means the proportionate amount of an acre (43,560 square feet) of land that is converted from raw, undeveloped land into land associated with the permitted principal and accessory uses occurring on a parcel. This includes building footprints, private roads, parking lot surface areas, designated recreational areas, walking paths, storm water detention and retention facilities, and other lands clearly related to the permitted uses on a parcel. Present and future public rights-of-way, lands with natural slopes greater than 30 percent, jurisdictional wetlands, lands in the 100-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, archaeological sites, and required open space shall not be included in the calculation of developed acreage.

“Direct illumination” means illumination resulting from light emitted directly from a bulb, luminary, or reflector. This does not include light reflected from other surfaces such as the ground or building faces.

“Fixture” means a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.

“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. Surrounding structures, like canopies, are not to be considered when determining if the fixture is fully shielded. Fully shielded fixtures must be appropriately mounted so that the shielding prevents light from escaping above the horizontal 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 “sky glow” 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 any light that falls beyond the legal boundaries of the property it is intended to illuminate.

“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 equals brighter light).

Common relationships between bulb types, wattages and lumen levels

Brightness in Lumens

220+

400+

700+

900+

1300+

Standard

25W

40W

60W

75W

100W

Halogen

18W

28W

42W

53W

70W

CFL

6W

9W

12W

15W

20W

LED

4W

6W

10W

13W

18W

“Luminaire” means the same as “fixture.”

“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.

“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.”

“Partially shielded light fixture” means an outdoor light fixture constructed and mounted so that the installed fixture emits most of its light above the horizontal plane. Where a light manufacturer provides a BUG rating, the uplight (U) and backlight (B) ratings are greater than zero. Light emitted at or above the horizontal plane (sideways or upwards) shall arise solely from incidental decorative elements or strongly colored or diffusing materials such as colored glass or plastic. Fixtures using spot or flood lamps are considered partially shielded if the lamps are aimed no higher than 45 degrees above the vertical plane beneath the fixture.

Examples of partially shielded lighting fixtures.

“Recreational lighting” means lighting used to illuminate sports fields, ball courts, playgrounds, or similar outdoor recreational facilities.

“Sky glow” means the brightening of the nighttime sky resulting from the scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Sky glow is caused by light directed or reflected upwards or sideways and reduces one’s ability to view the nighttime sky.

“Spotlight” means a fixture or bulb designed to light a small area very brightly. See definition of “Floodlight.”

“Total” means the sum of shielded and unshielded light.

“Total outdoor light output” means the total amount of light measured in lumens from all bulbs installed in outdoor lighting fixtures. For bulb types that vary in light output as they age (such as fluorescent and high intensity discharge (HID) bulbs), the initial lumen output as defined by the manufacturer shall be the lumen value used.

“Tower” means any monopole, antenna, or the like that exceeds 18 feet in height.

“Unshielded fixture” means a fixture that has no shielding at all that would otherwise specifically 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. 588, 2019.]

6.6.4 Fully Shielded Fixture Requirements

A.    Unless specifically exempted by this section, all 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.    In order to qualify as a “fully shielded” fixture, a light fixture must have the top and sides made of completely 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). Merely placing a light fixture under an eave, canopy, patio cover, or other similar cover does not qualify as fully shielded.

C.    Fixtures must not be placed at a location, angle, or height that directs illumination outside the property boundaries where the light fixtures are located.

D.    Notwithstanding the exemptions in subsection E of this section, all residential and commercial luminaires shall be fully shielded within 25 feet of adjacent residential property lines.

E.    Exemptions to Fully Shielded Fixture Requirements

1.    All lights exempted by this section shall be included in the calculation for total light output.

2.    Fixtures having a total light output less than 1,000 lumens are exempted from the fully shielded requirement provided the following criteria are met:

a.    The fixture has a top that is completely opaque such that no light is directed upwards.

b.    The fixture has sides that completely cover the light source and are made of opaque or semi-opaque material. Fixtures with opaque sides may have incidental decorative perforations that emit small amounts of light. Semi-opaque material such as dark tinted glass or translucent plastic may be used if the light source is not discernable behind the material. Completely transparent materials, such as clear or lightly tinted colored glass, are not allowed.

c.    The light source must not be visible from any point outside the property on which the fixture is located.

3.    Spotlights controlled by motion sensors having a light output less than 1,000 lumens per lamp are exempted from the fully shielded requirement provided:

a.    The fixture is a spotlight or other type of directed light that shall be directed straight down; and

b.    The fixture must not be placed in such a manner that results in illumination being directed outside the property boundaries where the light fixtures are located; and

c.    Lights controlled by motion sensors shall not be triggered by movement or activity located off the property on which the light is located.

4.    Pathway lights less than 18 inches in height are exempted from the fully shielded fixture requirement, if the total light output from each pathway light is less than 300 lumens.

5.    Temporary exterior lighting intended as holiday or seasonal decorations displayed between November 15th and the following January 15th; provided, that individual lamps do not exceed 70 lumens and neither cause light trespass nor interfere with the reasonable use and enjoyment of any other property.

6.    Traffic control signals and devices.

7.    Temporary emergency lighting in use by law enforcement or government agencies or at their direction.

8.    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.

9.    An applicant requesting approval for lighting that does not conform to these standards shall follow the procedures and findings requirements set forth in Section 9.14, Variances.

[Ord. 588, 2019.]

6.6.5 Total Light Output

A.    Commercial

Total outdoor light output shall not exceed 50,000 lumens per developed acre. Streetlights used for illumination of public rights-of-way are excluded from this calculation. Commercial developments shall be permitted a minimum of 5,000 lumens of lighting regardless of parcel size.

1.    In nonresidential zone districts, partially and unshielded lighting on a property shall not exceed 5,000 lumens per developed acre, and shall be included in the total outdoor light output calculation.

B.    Residential

Total outdoor light output shall not exceed 10,000 lumens of lighting for parcels one-half acre, or larger, in size. Parcels smaller than one-half acre shall be permitted 5,000 lumens of lighting regardless of parcel size. Total outdoor light output of any multifamily residential development including five or more separate lots or units shall not exceed 20,000 lumens of lighting per developed acre.

1.    In residential zones, partially and unshielded lighting on a property shall not exceed 1,000 lumens per lot, and shall be included in the total outdoor light output calculation.

2.    Residential units used for overnight accommodations or other commercial uses shall comply with the residential standards for total light output.

[Ord. 588, 2019.]

6.6.6 Lighting Hours

A.    Commercial establishments shall turn off all outdoor lighting, except that listed below, by 12:00 midnight:

1.    Businesses open to the public after 12:00 midnight may leave all outdoor lighting on until one hour after the close of business.

2.    Lighting to illuminate the entrance to the commercial establishments.

3.    Parking lot and pathway lighting required for the safety of guests or customers.

B.    Recreational lighting (residential and commercial) shall be turned off by 10:00 p.m. or one hour after conclusion of a specific sporting event, whichever is later.

[Ord. 588, 2019.]

6.6.7 Lighting Color

All exterior lighting shall utilize light sources with correlated color temperature not to exceed 3,000 Kelvin (K).

Image by City of Ft. Collins, Colorado, and used here with permission.

[Ord. 588, 2019.]

6.6.8 Specialized Outdoor Lighting Conditions and Standards

A.    Gas station canopies may be illuminated provided all light fixtures are mounted on the undersurface of the canopy and all light fixtures are fully shielded. Merely placing the fixtures on the underside of the canopy does not qualify as fully shielding the light fixture.

B.    Roadway and street lights are prohibited unless recommended by the County Engineer or required by UDOT to provide for the safety of the public. When deemed necessary, streetlights shall utilize lamp types that are fully shielded luminaires that minimize sky glow, light trespass, and other unintended impacts of artificial lighting. All streetlights shall utilize the lowest illuminance levels acceptable to the County Engineer and UDOT.

C.    Parking lots may not utilize spot or flood lighting whether mounted on a post or exterior building wall. The overall height of any light post used to illuminate parking lots in commercial zones shall not exceed 25 feet. All post-mounted parking lot lights shall be set back from property lines a distance equal to two and one-half times the height of the pole unless an internal or external shield prevents the fixture being visible from outside the property boundaries. The overall height of any light post used to illuminate parking lots in residential zones shall not exceed 25 feet. All parking lot lighting shall use fully shielded downward directed fixtures. Internal or external shields shall prevent the fixture being visible from outside the parking lots.

D.    Outdoor recreation areas or athletic fields at publicly owned facilities may use illumination to light the surface of play and viewing stands and for the safety of the public. The following standards shall apply to outdoor recreation area or athletic field lighting:

1.    The recreational lighting does not exceed illuminance levels for class IV sports lighting set by the Illuminating Engineering Society of North America.

2.    The recreational lighting provides illuminance for the surface of play and viewing stands, and not for any other areas or applications.

3.    Off-site impacts of the lighting will be limited to the greatest practical extent possible.

4.    The lighting for areas or applications outside the surface of play and viewing stands shall conform to all provisions in this section.

5.    The recreational or athletic facility shall extinguish lighting exempted by this section no later than 10:00 p.m. or one hour after the end of play, whichever is later.

6.    The recreational lighting shall have timers that automatically extinguish lighting to ensure lights are not left on after the curfew or when the facilities are not in use.

E.    Outdoor amphitheaters may use illumination to light the performance area of the amphitheater and for the safety of the public. The following standards apply to all amphitheater lighting:

1.    Lighting used to illuminate the performance area must be either directed spotlighting or fully shielded lighting. If directed spotlighting, the light source must be located and designed such that it is not visible beyond the property boundaries.

2.    Lighting used to illuminate the performance area may only be turned on during performances or rehearsals.

3.    Lighting used to illuminate the seating areas, pathways, and other areas of the amphitheater must meet all standards of this section.

F.    Special events may use illumination to light the event area and for the safety of the public. The following standards apply to all amphitheater lighting:

1.    Lighting used to illuminate the event area must be either directed spotlighting or fully shielded lighting. If directed spotlighting, the light source must be located and designed such that it is not visible beyond the property boundaries.

2.    Lighting used to illuminate the event area may only be turned on during the hours event activities are open to the public or paying guests.

3.    Lighting used to illuminate the seating areas, pathways, and other areas of the event must meet all standards of this section.

G.    All illuminated signs shall comply with the standards of Section 6.5.

[Ord. 588, 2019.]

6.6.9 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 zone district shall include a lighting plan that shows evidence that the proposed lighting fixtures and light sources comply with this code. 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, lamps, supports, shielding and reflectors used and installation and electrical details.

2.    Illustrations, such as contained in a manufacturer’s catalog cuts, of all proposed lighting fixtures. 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 section.

3.    A table showing the total amount of proposed exterior lights, by fixture type, wattage, lumens, and lamp type.

B.    Approval Procedure

1.    The lighting plan for all new development shall be submitted for approval concurrent with the associated application process.

2.    A certificate of occupancy shall not be issued until such time as the property is subject to a post installation nighttime inspection by the Planning and Zoning Administrator.

[Ord. 588, 2019.]

6.6.10 Amortization of Nonconforming Outdoor Lighting

A.    The County shall require the termination of use of any and all nonconforming outdoor lighting fixtures, structures, lamps, bulbs or other devices that emit or generate light which are not otherwise exempted by this section, pursuant to the amortization schedule contained in subsection B of this section.

B.    All outdoor lighting legally existing and installed prior to the effective date of this section, and which is not otherwise exempted, shall be considered nonconforming and shall be brought into compliance by the property owner as follows:

1.    Immediately as a condition for approval upon application for a building permit, sign permit, conditional use permit, new (nonrenewal) business license, site plan review or similar County permit or review.

2.    Immediately in the case of damaged or inoperative nonconforming lighting upon replacement or repair.

3.    Within five years from the effective date of this section for all other outdoor lighting.

Additional Images:

Used by permission

[Ord. 588, 2019.]

6.7 Drainage

Where drainage detention basin(s) are not provided by or as part of subdivision approval, all developers of multi-family and non-residential structures proposing the installation of more than 7,000 square feet of impervious surface shall mitigate the drainage impacts of such development, as follows:

A.    Drainage Detention Basin

A detention basin shall be provided where necessary, to limit post development flows to pre-development flow rates. Such basin(s) shall be capable of handling the calculated difference between historic flows and the anticipated post-development 100-year frequency storms for maximum period of intensity over the entire drainage basin in which the proposed structure is to be located.

B.    Design

Drainage improvements shall be designed in accordance with the Design Standards recommended by the Spanish Valley Master Storm Water Management Plan, as amended, and subject to the approval of the County Engineer:

1.    The County may require that a Utah-registered engineer design drainage improvements.

2.    Adequate provision for short- and long-term ownership, maintenance and operation of the storm water management system shall be required.

3.    Where water velocities may reasonably be expected to cause erosion problems, satisfactory means shall be provided to prevent such erosion. Culverts shall have concrete head walls and wing walls where conditions require.

4.    Water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters.

6.8 Floodplains, Natural and Historic Drainages

6.8.1 Purpose

This section is intended to protect natural and historic drainage ways from alteration such that their primary function as storm water facilities shall be upheld and to regulate development in the 100-year floodplain to prevent the loss of life and property from flood events.

A.    Applicability

This section applies to development areas in the 100-year floodplain boundary or in the natural or historic drainage ways.

B.    Basis for Establishing the 100-Year Floodplain

The area of 100-year floodplain identified by the Federal Emergency Management Agency on a Flood Insurance Rate Map (FIRM) for Grand County, Utah, dated June 4, 1980, is hereby adopted by reference and declared to be a part of this LUC. The FIRM is on file at the Building Department, Grand County Courthouse, 125 E. Center Street, Moab, UT 84532.

C.    Basis for Establishing Natural or Historic Drainage Ways

The area of natural or historic drainage ways identified by Horrocks Engineers on the Spanish Valley Master Storm Water Management Plan, dated December 2011, is hereby adopted by referenced and declared to be a part of this LUC.

D.    Minimum Requirement

Each builder in the 100-year floodplain or in a natural or historic drainageway shall agree on behalf of himself and his successors, assigns to pay his pro rata share of costs for the protection and upgrading of the Storm Water Management System at such time as said system shall be extended to service the structure or development for which the building permit is sought.

E.    General Standards

The standards in this section shall apply to all Substantial Improvement(s), as defined Section 10.2 of this LUC, in the 100-year floodplain or in a natural or historic drainageway:

1.    Avoid development in 100-year floodplain or a natural or historic drainageway. Restrict development to area that is not within the 100-year floodplain or a natural or historic drainageway if such an area exists on a site.

2.    Minimize development in 100-year floodplain or a natural or historic drainageway. If adequate area that is not within 100-year floodplain or a natural or historic drainageway exists on a site, the diversity of permitted uses in a zone district and permitted residential land use densities may be limited to minimize potential dangers to structures or persons.

3.    Prohibit development in 100-year floodplain, natural or historic drainageway. If insufficient area that is not within 100-year floodplain, natural or historic drainageway exists on a site, development shall only be prohibited within 100-year floodplain or a natural and historic drainage ways where one (1) of the following conditions are met:

a.    Site planning and engineering techniques cannot reasonably mitigate potential hazards to public health, safety and welfare;

b.    Alteration will limit or reduce the primary function as storm water facilities; or

c.    Development subjects persons or the County to dangers or expenses required to mitigate hazardous conditions, respond to emergencies created by such conditions or rehabilitate improvements and lands.

F.    Specific Standards

This section identifies development standards applicable to development in within the 100-year floodplain, in addition to the general standards in Section E, above. Where development is proposed within 100-year floodplain, the developer shall comply with all of the following applicable standards:

G.    Anchoring

1.    All new construction and substantial improvements shall be anchored to prevent flotation.

2.    All mobile homes and manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

3.    Specific anchoring requirements may include:

a.    Over-the-top ties be provided at each of the 4 corners of the mobile home or manufactured home, with 2 additional ties per side at intermediate locations, with mobile and manufactured homes less than 50 feet long requiring one (1) additional tie per side;

b.    Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile and manufactured homes less than 50 feet long requiring four additional ties per side;

c.    All components of the anchoring system be capable of carrying a force of 3,000 pounds; and

d.    Any additions to the mobile and manufactured home be similarly anchored.

H.    Construction Materials and Methods

1.    All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

2.    All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

3.    For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

4.    A minimum of 2 openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) floor above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

I.    Utilities

1.    All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

2.    New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters;

3.    On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and

4.    Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

J.    Elevation

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to 18 inches above base flood elevation.

K.    Certification

A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction and shall certify that the design and methods of construction are in accordance with the provisions of this section; provided, however, a registered surveyor may certify 1st floor elevation at least 18 inches above the 100-year floodplain.

6.9 General Site Planning Standards

6.9.1 General

New construction shall comply with the following standards, unless compliance with a particular standard would:

A.    Prevent the construction of any permanent structure for a primary use on the land, or

B.    Require the construction to violate another requirement of this LUC.

C.    Where more than one (1) buildable site exists on a parcel and all buildable sites would violate at least one (1) of the following standards, the construction shall be located so as to comply with as many standards as possible.

6.9.2 Hazard Areas

Land subject to hazardous conditions such as rock falls, wildfire, landslides, avalanches or floods shall be identified in all applications, and development shall not be permitted in these areas unless the application provides for the avoidance of the particular hazards. To this end, all structures should be setback at least 100 feet from any 100 percent (45º) slope. If avoidance is impossible or would require the construction to violate other development standards, then such hazards shall be minimized or mitigated.

6.9.3 Slope Conditions

A.    Steep Slopes and Building Limitations

1.    New structures shall not be built on any portion of any parcel of land that contains an elevation change of more than 20 feet and an average slope of 30 percent, as measured from the points with highest and lowest elevation within 25 feet of any portion of the proposed structure, unless each of the following conditions are satisfied:

2.    Not more than 10 percent of the total area of the proposed footprint of any structure is located on slopes in excess of 30 percent; and

3.    Not more than 100 feet of the total length of any road or driveway is located on slopes in excess of 30 percent; and

4.    New construction does not take place on any parcel that shows evidence of slope instability, rock fall, landslides, flooding, or other natural or man-made hazards. The applicant shall demonstrate that the slope’s ground surface and subsurface are not unstable, that the proposed development will not cause instability or increase the potential for rock fall or slope failure, and that the development of the slope will not increase the degree of hazard.

5.    An on-site drainage catch basin shall be provided to handle the calculated difference between historic flows and the anticipated post-development 100-year frequency storms for maximum period of intensity, where such facilities are not provided by or as part of subdivision approval.

6.    All structures on slopes regulated by this section shall have a maximum height of 22 feet.

7.    The provision of this section shall not apply if the total change in site elevation surrounding the proposed structure is 20 feet or less. Such change in elevation shall be measured from the points with the highest and lowest elevation within 25 feet of any portion of the proposed structure.

6.9.4 Limitations on Site Disturbance

Any site disturbances that remove existing vegetation from a property and leave large areas of soil exposed for more than 60 days shall not be permitted unless an erosion control and revegetation plan has been previously approved by the Zoning Administrator. Cuts, fills, grading, excavation, vegetation removal, and building construction shall be confined to the footprint of the proposed building, plus a working area of 30 feet around each such footprint, plus any site disturbance necessary for installation and maintenance of utilities, access ways, trails, irrigation ditches, and fences, and for landscaping, agriculture, and similar activities.

6.9.5 Restoration of Disturbed Areas

Disturbed areas shall be restored as natural-appearing landforms, with curves that blend in with adjacent undisturbed slopes. Abrupt angular transitions and linear slopes shall be avoided. As necessary, cuts and fills shall be supported by retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape. Areas disturbed by grading shall be contoured so they can be re-vegetated and shall be revegetated within one (1) growing season after construction, using native or low-water use species similar to those growing on the site when such revegetation does not contribute to hazards. Top soils shall be stock piled and placed on disturbed areas.

6.9.6 Wildfire

A.    Areas Above 6,000 Feet Elevation

Prior to approval of any development on any parcel containing land (i) above 6,000 feet elevation or (ii) that has a wildfire hazard rating of medium or above as shown on an adopted wildfire hazard map, landowners shall first submit the application to the Grand County Fire Marshal for a determination of the severity of the wildfire hazard and recommendations or specific and appropriate mitigation measures that may include, but shall not be limited to:

1.    Class A or B roof coverings;

2.    Fire resistant siding materials;

3.    Spark arrestors on chimneys and flues;

4.    Fire extinguishers and equipment;

5.    A clear zone (fuel break);

6.    Fire sprinklers in all living areas, garages and mechanical (furnace) rooms; and

7.    Emergency water supplies of 1000 gallons minute for 2 hours per dwelling.

The above mitigation measures shall be incorporated into the proposed development.

6.9.7 Defensible Space

The areas immediately surrounding all new residential construction built within or on the edge of natural areas containing predominantly woods, brush, or grasslands, not exceeding 6,000 feet in elevation, shall be developed so as to minimize the potential for the structures to be ignited by fire, or for a structure to ignite surrounding structures or vegetation. Such areas shall be developed pursuant to the provisions set forth below:

A.    Zone System

The area surrounding each new residential structure shall be modified and managed using a 2-part zone system.

1.    Zone 1

On parcels of land that contain an average slope of less than 30 percent, Zone 1 shall consist of the 30-foot area immediately surrounding the primary structure, not to extend beyond the property line. on parcels of land that contain an average slope of 30 to 55 percent, Zone 1 shall consist of the area extending 45 feet to the sides and up slope of the primary structure and 60 feet down slope of the primary structure, not to extend beyond the property line. on parcels of land that contain an average slope of more than 55 percent, Zone 1 shall consist of the area extending 60 feet to the sides and up slope of the primary structure and 120 feet down slope of the proposed structure, not to extend beyond the property line. For purposes of this provision, average slope shall be measured from the points with the highest and lowest elevation within 25 feet of any portion of the footprint of the proposed primary structure. No dead trees or other dead vegetation may remain in Zone 1 at the time of initial sale or initial construction, whichever is first. Zone shall be further subdivided into 2 segments:

a.    Segment A shall consist of the 5 feet immediately surrounding all sides of the structure. All vegetation shall be removed from this area at the time of initial sale or construction, whichever is first. No new vegetation shall be planted in Segment A if the structure is sided with combustible materials such as wood or logs. However, if non-combustible siding is used, low-growing shrubs may remain or be installed. In no case may shrubs be planted so as to be contiguous with grass areas. No above-ground propane tanks, firewood or other combustible materials may be installed or stored in Segment A.

b.    Segment B shall consist of the area immediately beyond Segment A and continuing to the outer boundary of Zone 1. At the time of initial sale or initial construction, whichever occurs first, vegetation shall be thinned as follows to break up the horizontal and vertical continuity of fuels:

(1)    Spacing between clumps of brush or trees, as measured between the crown of each clump, shall be no closer than 2 times the height of the taller clump. The maximum width of any clump of brush or trees shall be no greater than 2 times the height of the clump. Thinned material shall be removed from the site.

(2)    All branches of trees or brush shall be pruned to a minimum height of 10 feet above the ground or one-half (½) the total height of the tree or bush, whichever is less. Pruned material shall be removed from the site.

(3)    Propane tanks and firewood may be located in Segment B, but in no case shall such tanks be located within 20 feet of the primary structure. Propane tanks shall be located on gravel pads and shall not be located immediately adjacent to grass-covered areas.

2.    Zone 2

Zone 2 shall consist of the area immediately beyond Zone 1 and extending to 75 feet from the primary structure, not to extend beyond the property line. Trees shall be initially thinned in this area to maintain a minimum of 5 feet between tree crowns. All dead trees must be removed from Zone 2 prior to initial sale or initial construction.

B.    Maintenance

All property owners maintaining new residential structures covered by provisions of this LUC are responsible for proper maintenance of the defensible space. Maintenance shall include modifying or removing flammable vegetation, keeping leaves, needles, and removing other dead vegetative material annually from roofs of structures.

6.9.8 Ridgeline Standards

A.    Within the RR, Rural Residential and the RG, Range and Grazing Zone Districts, new structures, buildings, fences, or walls located within 2 miles of the centerline of US Highway 191, State Road 128, or Mill Creek Road, Spanish Valley Drive, shall be located so that the highest elevation of the base of the structure is at least 40 feet below the highest ridgeline of the property.

B.    However, if the only buildable site on a parcel is less than 40 feet, the average elevation shall be as far below the ridgeline as possible. This standard shall not apply to agricultural fences. For purposes of interpreting this provision, a ridge shall be defined as a line connecting the highest points on the property as viewed from the listed road.

C.    This section shall not apply if the applicant produces adequate visual representation that a proposed new structure will not be visible on the skyline, as viewed from the centerline of US highways 191, State Road 128, Mill Creek Road, or Spanish Valley Drive.

6.9.9 Grading, Revegetation and Restoration

A.    Permit Required

No grading shall occur prior to the approval of a Zoning Development Permit.

B.    Driveways and Access Roads

Driveways and access roads shall follow the natural contours of the site, so as to minimize the need for significant grading, and shall be located behind existing land forms and vegetation so as to minimize visibility from nearby roads.

C.    Slope Grades

Existing slope grades shall not be steepened over 10 percent.

D.    Dumpsters Required

Provide trash dumpsters for construction debris and wrapping materials with lids.

E.    Erosion Control and Revegetation Plan

Grading on sites of more than 1/4 acre shall in all cases be subject to an erosion control and revegetation plan to be approved by the Zoning Administrator. Such plan shall employ the following limits of disturbance and construction impact mitigation measures:

1.    Cuts, fills, grading, excavation, vegetation removal, and building construction shall be confined to the footprint of the proposed building, plus a working area of 30 feet around each such footprint, plus any site disturbance necessary for installation and maintenance of utilities, access ways, parking trails, irrigation ditches, fences, and for landscaping, agriculture, and similar activities.

2.    Utilize limits of disturbance fencing around all disturbed areas; and

3.    Apply water to all disturbed areas as often as necessary to effectively control fugitive dust.

F.    Restoration

1.    All disturbed areas shall be restored within one (1) growing season after construction as natural-appearing landforms, with curves that blend in with adjacent undisturbed slopes.

2.    Abrupt angular transitions and linear slopes shall be avoided. As necessary, cuts and fills shall be supported by retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape.

3.    Areas disturbed by grading shall be contoured so they can be re-vegetated.

4.    Top soils shall be stock piled and placed on disturbed areas.

6.10 Compatibility Standards

6.10.1 Purpose

The compatibility standards of this section are intended to preserve and protect residential uses and neighborhoods by ensuring that new development and redevelopment is compatible with the character of the area in which it is located.

A.    Applicability

Compatibility standards shall apply to all multifamily residential and all nonresidential development when it occurs within 50 feet of the lot line of any property located in one of the following Protected Zone Districts: Small Lot Residential (SLR), Large Lot Residential (LLR), or Rural Residential (RR).

B.    Buffer and Screening Standards

1.    Nonresidential and multifamily residential development, including off-street parking areas associated with such development, shall be screened from property in a Protected Zone District pursuant to subsection A of this section or that contains a single-family or duplex use. Such visual screening shall be accomplished through siting and layout, the use of opaque fences, vegetative buffers, and berm(s) or a combination of such techniques along the lot line that is adjacent to property in a Protected Zone District pursuant to subsection A of this section or that contains a single-family or duplex use.

2.    Mechanical equipment and outdoor storage shall be completely shielded from view of property in a Protected Zone District pursuant to subsection A of this section or that contains a single-family or duplex use by an opaque fence or wall that is at least one foot taller than the site feature being screened from view; provided, that this provision shall not be interpreted as requiring screening fences or walls to be taller than 10 feet. Fences, walls and buffers must comply with all other applicable zoning requirements.

C.    Dumpsters and Solid Waste Receptacles Setbacks

Dumpster and solid waste receptacles shall be set back at least 20 feet from the lot line of property in a Protected Zone District pursuant to subsection A of this section or that contains a single-family or duplex use. Dumpsters and receptacles shall be completely screened from view of adjacent property in a Protected Zone District pursuant to subsection A of this section or that contains a single-family or duplex use by opaque fence or wall that is at least one foot taller than the dumpster or solid waste receptacle.

[Ord. 549, 2016.]

6.11 Open Space and Common Area

6.11.1 General Standards

All land proposed for dedication as open space or common area shall comply with the following standards:

A.    Such dedication and/or restriction must be permanent and not for a period of years.

B.    Such land shall be owned in common by the property owners in the development.

C.    Such land shall be available to provide for the continuation of historic public access, and continuation or projection to existing or planned trail connections as part of a future valley-wide linear park system.

D.    Such land shall be legally and practically accessible to the residents of the development out of which the common area or open space is taken or to the public if public dedication is desired.

E.    Mature trees shall be preserved to the maximum extent feasible.

F.    Homeowners associations or similar legal entities that are responsible for the maintenance and control of open space or common area shall be established as required by Section 9.6

G.    Where a subdivision or development will occur in stages or a series of filings, the first filing or phase shall include all lands to be dedicated as open space or common area.

H.    All land not platted as lots nor designated as right-of-ways shall be designated as open space or common area.

6.11.2 Open Space Standards

All land proposed for dedication or as open space shall substantially comply with the following standards:

A.    The open space shall not be devoted to use as streets, roads, parking or driveways.

B.    The open space shall be left in its natural or undisturbed state, or properly planned and landscaped according to approved plans; provided, however that such lands may be used for storm water management, agricultural use, gardens, parks, playgrounds, sidewalks, non-motorized pathways and trails, and other similar non-roofed recreational facilities.

C.    The minimum width for any required open space shall be 50 feet (exceptions may be granted for items such as trail easements, mid-block crossings, linear parks/medians, when their purpose is consistent with the intent of the general plan and this subsection).

D.    At least 60 percent of the required open space shall be in a contiguous tract. For the purposes of this subsection, contiguous shall include any open space bisected by a residential street (including a residential collector), provided that:

1.    A pedestrian crosswalk is constructed to provide access to the open space on both sides of the street; and

2.    The rights-of-way area is not included in the calculation of minimum open space required.

E.    The open space shall adjoin any neighboring areas of open space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected open space.

F.    The open space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the open space (i.e. Mid-block connections in logical locations). No lot within the subdivision shall be further than a 1,200 feet radius from the required open space. This radius shall be measured in a straight line, without regard for street, sidewalk or trail connections to the open space.

G.    At least 25 percent of the open space shall be made accessible with trails, passive recreational uses or other similar improvements. Trails shall be developed in accordance with Section 7.4, sidewalks and trails, and provide for neighborhood and connector corridors.

6.11.3 Open Space Priority

Open space shall be required in accordance with the requirements of Section 5.4.1, Residential Development Standards, and shall depend on whether the proposed development is part of a Conventional, Cluster, or Conservation Subdivision.

A.    Primary Open Space

The following are considered primary open space areas and are required to be included within the open space:

1.    Lands with unmitigable soils or geologic conditions,

2.    Slope areas in excess of 30 percent greater than or equal to 75 feet wide and comprising a 20.000 square foot minimum contiguous area,

3.    Ridgelines,

4.    Flood hazards areas,

5.    Riparian habitat areas, and

6.    Historic or prehistoric sites,

7.    Areas that connect the tract to neighboring open space, trails or greenways.

B.    Secondary Open Space

The following are considered secondary open space areas and shall be included within the required open space to the maximum extent feasible:

1.    Public drinking water supply watersheds (recharge areas for the aquifer in the Glen Canyon formation), drinking water source protection zones,

2.    Individual existing healthy trees greater than 12 inches caliper,

3.    Other significant natural features and scenic view sheds such as, hedge rows, field borders, meadows, fields, peaks and rock outcroppings, particularly those that can be seen from public roadways,

4.    Agricultural lands, and

5.    Landscaped site elements such as arterial street buffers, district boundary buffers, civic greens and landscaped medians

6.11.4 Common Area Standards

All land proposed for dedication or as common area shall substantially comply with the following standards:

A.    Common area within the development area may be used for a wide variety of common purposes, including: private roads and streets, parking areas, swimming pools, club houses, mechanical buildings, storage areas, accessory structures, or covered gathering areas or courts, all for the use and enjoyment of the owners, residents and guests of a development.

B.    Common area shall not be included in the computation of required open space.

C.    Common areas, such as the clubhouse, swimming pool, and tennis, volleyball, or basketball courts, shall be oriented internally or along major roadways, and away from adjacent residential development.

6.12 Operational Performance Standards

6.12.1 Applicability

All uses in any district of Grand County shall conform in operation, location and construction to the subjective performance standards herein specified so that the public health, safety and welfare will be protected.

A.    Exemptions

1.    The following are exempt from the performance standards of this section:

2.    Temporary construction, excavation and grading associated with development for which applicable permits have been issued and with the installation of streets or utilities; and

3.    Demolition activities that are necessary and incidental to permitted development on the same lot, on another of several lots being developed at the same time or in the public rights-of-way or easement.

6.12.2 General

The location, size, design and operating characteristics of all uses shall minimize adverse effects, including visual impacts, on surrounding properties.

6.12.3 Noise

At no point on the bounding property line of any use in any district shall the sound pressure level of any use, operation or plant produce noise of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. For the purposes of this section, bounding property line shall be interpreted as being at the far side of any street alley, stream or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between 2 parcels of property shall be interpreted as the bounding property line.

6.12.4 Smoke and Particulate Matter

No operation or use in any district shall at any time create smoke and particulate matter that, when considered at the bounding property line of the source of operation creates a nuisance or distracts from the use and enjoyment of adjacent property.

6.12.5 Odorous Matter

No use shall be located or operated in any district that involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located. The odor threshold shall be the concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person.

6.12.6 Fire and Explosive Hazard Material

A.    Explosives

No use involving the manufacture or storage of compounds or products that decompose by detonation shall be permitted in any district other than the I, Industrial District; provided, however, chlorates, nitrates, phosphorus and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the Fire Marshall as not presenting a fire or explosion hazard.    

B.    Flammables

The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of Grand County.

6.12.7 Toxic and Noxious Matter

No operation or use in any district shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter that will exceed the threshold limits set forth by the Utah Department of Health.

6.12.8 Vibration

No operation or use in any district shall at any time create earth-borne vibration that, when considered at the bounding property line of the source of operation creates a nuisance or distracts from the use and enjoyment of adjacent property.

6.12.9 Glare

No use or operation in any district shall be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of glare or illumination nor shall any such glare or light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. This provision is specifically intended to preclude the use of non-painted, shiny metal roof and wall materials, such as galvanized metal, tin or steel, in any zone district.

6.12.10 Refuse and Debris

The space around buildings and structures in any district shall be kept free from refuse and debris. No yard, open yard space, open space or land in any district may be used for the storage of junk, or inoperable or wrecked vehicles, except as specifically permitted by this LUC.

6.13 Development Impact Fees

6.13.1 Purpose

The purpose of these regulations is to prescribe the procedure whereby developers of land shall pay an impact fee as set forth in this LUC for the purpose of providing the public facilities needed to serve future residents and users of such development, and specifically to:

A.    Ensure that adequate facilities are available to serve new growth and development;

B.    Promote orderly growth and development by establishing uniform standards by which the County may require that those who benefit from new growth and develop shall pay a proportionate share of the cost of new public facilities needed to serve new growth and development;

C.    Ensure that those who benefit from new growth and development are required to pay no more than their proportionate share of the cost of public facilities needed to serve new growth and development and to prevent duplicate and ad hoc development requirements;

D.    Collect and expend development impact fees pursuant to the enabling powers granted by the provision of the Impact Fees Act, Title 11, Code 36, Utah Code;

E.    Provide the legal and procedural basis for the implementation of development impact fees within the area of impact; and

F.    Ensure that any public facility improvement funded wholly or in part with impact fee revenue shall first be included in the most recent Development Impact Fee Report that lists the public facility improvements that may be funded with impact fee revenues as well as the estimate costs each improvement.

6.13.2 Applicability

A.    The provisions of this section shall apply uniformly to all development that occurs within the study area outside the city of Moab and other incorporated areas of Grand County.

B.    The provisions of this section shall not apply to the following:

1.    To any residential remodeling project or other improvement where a new dwelling unit is not created or does not increase the number of service units; however, the provisions of this LUC shall apply to remodels for a bed and breakfast facility which requires a conditional use permit;

2.    To any non-residential remodeling or reconstruction project that does not result in an increase of gross floor area. In cases where increased gross floor area is created, the fee shall only apply to the actual increased gross floor area, not to the existing gross floor area;

3.    To a mobile home unit that is to occupy a space for which a fee has been previously paid;

4.    Placing a temporary construction trailer or office on a lot;

5.    Adding uses that are typically accessory to residential uses, such as tennis courts or clubhouse, unless it can be clearly demonstrated that the use creates a significant impact on the capacity, public facility improvements; or

6.    Any development of vacant land where an impact fee has been previously paid if the development does not intensify the public facility demand from the pre-existing use for which the fee was paid. If the development intensifies the demand on public facilities from the previous land use for which a fee was paid, that portion of the development creating the intensification is subject to an impact fee.

C.    An exemption must be claimed by the fee payer upon application for a building permit. Any exemption not so claimed shall be deemed waived by the fee payer. Applications for exemption shall be submitted to and determined by the County Administrator, or his/her duly designated agent, within 90 days. Appeals of the Administrator’s determination shall be made in accordance with the provisions of Section 9.13, Appeals of administrative decisions.

6.13.3 Collection of Impact Fees

No building permit shall be issued for a development unless the impact fee is paid pursuant to this LUC.

A.    The development impact fee shall be paid and collected at the time of issuance of a building permit.

B.    A mobile home unit may not locate on a mobile home site unless the impact fee is paid pursuant to this LUC or has not been paid on a previous mobile home unit on the same site. The fee will be due the earlier of the following:

1.    The date the mobile home/manufactured home is located on its site.

2.    The date the County is requested to turn on utilities to the site, which utilities shall not be provided until the impact fee is paid.

3.    In the case of mobile home subdivisions, on or before the time of final plat approval for the subdivision or any phase thereof.

C.    The amount of the impact fee shall be calculated using the methodology contained in the "Development Impact Fee Report", dated April 3, 1997, or its successor, and shall be set by County Council resolution. This fee may be modified by the County Council from time to time to account for added or deleted facilities, modifications to costs, etc.

D.    Impact fees shall not exceed the cost of providing public facility improvements for which the need is reasonably attributable to those developments that pay the fees. The fees shall be spent on new or enlarged public facility improvements that reasonably benefit those developments that pay the fees.

E.    In the event payment is dishonored, the County shall have all lawful remedies including but not necessarily limited to the withholding of utility services, the imposition of reasonable interest and penalties, the imposition of liens pursuant to Utah Code, the withholding of other County approvals required for the development of other properties owned by the fee payer, and/or the issuance of "stop work" orders, and/or the revocation or suspension of the building permit.

6.13.4 Public Facility Improvement Projects

The public facility improvement projects to be financed by the impact fee are those as listed in the "Grand County Facilities and Impact Fee Facilities Plan," dated November 2014 and the "Development Impact Fee Report", dated April 3, 1997, or its successor, incorporated herein by reference (available in the County Building Department). The County Council may amend this list of public facility improvement projects from time to time by County Council resolution.

6.13.5 Calculation of Impact Fees

A.    The County shall calculate the amount of the impact fee due for each building permit and manufactured/mobile home installation permit by the procedure set forth in the "Development Impact Fee Report", dated April 3, 1997, or its successor, within 30 days of the submittal of complete building permit plans for residential development and within 60 days of submittal of complete building permit plans for non-residential development.

B.    The County Council has the ability to authorize an adjustment to the standard impact fee at the time the fee is charged to respond to unusual circumstances in specific cases and to ensure that the impact fee is imposed fairly. The County Council may waive part or all of the impact fee for an affordable housing development, upon receipt of a favorable recommendation for such waiver from the Grand County Planning Commission. The Planning Commission shall review the need for affordable housing in the price range and under the terms proposed by the developer. The Planning Commission shall also determine how the development will guarantee delivery of affordable housing in order to justify a favorable recommendation for waiver of impact fees to the County Council.

C.    If the development for which a building permit is sought contains a mix of uses, the impact fee may be calculated for each type of use.

D.    Prior to making an application for a building permit, a prospective applicant may request a non-binding impact fee estimate from the County, which shall base such estimate on the development potential of the particular site in gross square footage of floor area or number of dwelling units given the maximum intensity permitted by existing zoning.

E.    For purposes of assisting in the calculating impact fees, the most recent Development Impact Fee Report shall provide trip generation rate lists by individual land uses. These lists may be modified by the County Council from time to time to reflect changes in local conditions.

F.    Individual assessment of impact fees is permitted in situation where the fee payer can demonstrate by clear and convincing evidence based upon studies and data submitted by the fee payer that the established impact fee is inappropriate.

6.13.6 Administration of Impact Fees

A.    Transfer of Funds to County Treasurer

Upon receipt of impact fees, the County Treasurer, or his/her designated agent, shall be responsible for placement of such funds into separate accounts for each public facility identified in the most recent Development Impact Fee Report. All such funds shall be deposited in interest-bearing accounts in a "qualified depository" as defined by the Utah Money Management Act. Interest earned by each account shall be credited to that account and shall be used solely for the purposes specified for funds of such account.

B.    Establishment and Maintenance of Accounts

The County Treasurer, or his/her designated agent, shall establish separate accounts and maintain records for each such account as previously defined.

C.    Maintenance of Records

The County Treasurer, or his/her designated agent, shall maintain and keep accurate financial records for each such account that shall show the source and disbursement of all revenues; that shall account for all monies received; that shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of projects specified in the most recent Development Impact Fee Report; and that shall provide an annual accounting for each impact fee account showing the source and amount of all funds collected and the projects that were funded.

D.    Review and Modification

Unless the Council determines some other time period is appropriate, the County shall at least once every 5 years commencing from the date of the original adoption of the "Grand County Facilities and Impact Fee Facilities Plan," dated November 2014, review the development potential of the County and update the Public Facilities Analysis and make such modifications as are deemed necessary as a result of:

1.    Development occurring in the prior year(s);

2.    Public facility improvements actually constructed;

3.    Changing facility needs;

4.    Inflation;

5.    Revised cost estimates for public facility improvements;

6.    Changes in the availability of other funding projects;

7.    Time-price differential; and

8.    Such other factors as may be relevant.

E.    Credits and Reimbursement

1.    In calculation of development impact fees for a particular project, credit or reimbursement shall be given for the present value of any construction of public facility improvements or contribution or dedication of land or money required by the County from the developer for public facility improvements of the category for which the development impact fee is being collected. Credit or reimbursement shall not be given for project improvements.

2.    If a developer is required to construct, fund or contribute public facility improvements in excess of the development project’s proportionate share of public facility improvement costs, the developer shall receive a credit on future impact fees or be reimbursed at the developer’s choice for such excess construction, funding or contribution from development impact fees paid by future development which impacts the public facility improvements constructed, funded or contributed by the developer(s) or fee payer.

3.    If credit or reimbursement is due to the fee payer pursuant to this section, the County shall enter into a written agreement, with the fee payer, negotiated in good faith, prior to the construction, funding or contribution. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement.

4.    No credits shall be given for the construction of local on-site facilities, structures, improvements, or other project improvements required by zoning, subdivision, or other County regulations unless the improvement is identified in the "Report" as a public facility improvement.

5.    Any person requesting such credit or reimbursement shall submit their request in writing on a form provided by the County and present documentation of costs or payments for facilities to the County Treasurer or his/her designated agent for use in determining the amount of credit or reimbursement to be given. Requests for credit or reimbursement shall be submitted to the County Treasurer prior to the issuance of a building permit or manufactured/mobile home installation permit. The determination shall be made no more than 45 days after complete documentation is submitted to the County Treasurer. Any appeal from such a determination by the County Treasurer shall be pursuant to Section 9.13 of this LUC.

F.    Refunds

The current owner of record of property on which an impact fee has been paid may apply for a refund of such fee plus interest earned if:

1.    The County, after collection the fee when service is not available, has failed to appropriate and expend the collected development impact fees pursuant to Utah Code 11-36a-602(2);

2.    The building permit for which the impact fee has been paid has lapsed due to non-commencement of construction;

3.    The project for which a building permit has been used has been lawfully altered resulting in a decrease in the amount of the impact fee due; or

4.    The request for refund must be in writing and submitted to the County Treasurer on a form provided by the County for such purpose. The owner shall provide such documentation as the County Treasurer may require to prove such satisfaction, reconveyance, or releases from contract sellers, mortgagees, lien holders, and/or others having an interest in the real property for which an impact fee has been paid.

5.    The request for refund must be submitted to the County Treasurer or his/her duly designated agent within the time allowed by law.

6.    Within 90 days of the date of receipt of a request for refund, the County Treasurer or his/her duly designated agent must provide the petitioner, in writing, with a decision on the refund request including the reasons for the decision. If a right to refund exists, the County is required to send a refund to the owner of record within 90 days after it is determined that a refund is due. A refund shall include a refund of the interest earned since the County’s acceptance of the impact fee.

7.    The property owner may appeal the determination of the County Treasurer or his/her duly designated agent to the County Council.

G.    Appeals

1.    Any person or entity as identified in Utah Code 11-36a-701(1) may file a declaratory judgment action challenging the validity of the fee.

2.    Any person or entity that has paid a fee may appeal the written determination of the applicability and amount of the development impact fee, or refund, or any discretionary action or inaction by or on behalf of the County or the County Council.

3.    The person or entity must file a notice of appeal to the County Council with the County Recorder within 30 days following the payment of the impact fee, the written determination regarding an impact fee, a discretionary action or inaction. When filing an appeal, the appellant shall submit a letter providing a full explanation of the request, the reason for the appeal, as well as all supporting documentation.

4.    The County Council must make its decision regarding any appeal no later than 30 days after the date the appeal is filed.

5.    Within 90 days of the County’s decision regarding the appeal or within 120 days after the date the appeal is filed, whichever is earlier, any party to the administrative action who is adversely affected by the County Council’s decision may petition the district court for review of the decision.

6.    The filing of an appeal shall not stay required payment of the impact fee, however fee payer can pay a development impact fee under protest in order to obtain development approval or building permit.

7.    Upon voluntary agreement by the appellant and the County, any disagreement related to the impact fee for the proposed development may be mediated by a qualified independent party.

8.    Mediation may take place at any time during the appeals process and participation in mediation does not preclude the appellant from pursuing other remedies provided for in this LUC or state law.

9.    Mediation costs shall be shared equally by the appellant and the County

6.13.7 Extraordinary Impacts

A.    In determining the proportionate share of the cost of facility improvements to be paid by the developer, the County Administrator or his/her designated agent shall consider whether any extraordinary costs will be incurred in serving the development based upon an extraordinary impact as defined earlier. This determination shall be made prior to issuance of any permit for development and shall be paid prior to any such issuance except as may be provided pursuant to a private agreement between the parties as authorized by Utah Code.

B.    If the County Administrator or his/her designated agent determines that the development will result in an extraordinary impact, it shall advise the fee payer in writing what the extraordinary impact is, the reason for the extraordinary impact, and the estimated costs to be incurred as a result of the extraordinary impact.

C.    Nothing in this section shall obligate the County to approve any development which results in an extraordinary impact.

D.    The fee payer may appeal the determination of an extraordinary impact or the amount of extraordinary costs incurred in writing by filing a notice of appeal to the County Council. When filing an appeal, the fee payer shall submit a letter providing the reason for the appeal along with supporting documentation. The County Council shall consider the appeal and make a final determination within 30 days of receipt of the written appeal.

6.13.8 Bonding Excess Facility Projects

A.    The County may issue bonds, revenue certificates, and other obligations of indebtedness in such manner and subject to such limitations as may be provided by law in furtherance of the provision of public facility improvement projects. Funds pledged toward retirement of bonds, revenue certificates, or other obligations of indebtedness for such projects may include impact fees and other County revenues as may be allocated by the County Council. Impact fees paid pursuant to this LUC, however, shall be restricted to use solely and exclusively for financing directly, or as a pledge against bonds, revenue certificates, and other obligations of indebtedness for the cost of public facility improvements as specified herein.

B.    Effect of impact fee on zoning and subdivision regulations, impact fee as additional and supplemental requirement.

6.13.9 Effect of Impact Fee on Zoning and Subdivision Regulations

This LUC shall not affect, in any manner, the permissible use of property, density of development, design and improvement standards and requirements, or any other aspect of the development of land or provision of public facility improvements subject to the zoning and subdivision regulations or other regulations of the County, which shall be operative and remain in full force and effect without limitation with respect to all such development.

6.13.10 Impact Fee as Additional and Supplemental Requirement

The impact fee is additional and supplemental to, and not in substitution of, any other requirements imposed by the County for the development of land or the issuance of building permits. It is intended to be consistent with and to further the objectives and policies of the comprehensive plan, the Public Facilities Analysis, and other County policies, ordinances, and resolutions by which the County seeks to ensure the provision of public facilities in conjunction with the development of land. In no event shall a property owner be obligated to pay for public facility improvements in an amount in excess of the amount calculated pursuant to this LUC; but, provided that a property owner when allowed by law may be required to pay, pursuant to County ordinances, regulations, or policies, for other public facility improvements in addition to the impact fee for improvements as specified herein.

6.13.11 Development Impact Fee Report

The Grand County Facilities Plan dated November 2014, or its successor, is by this reference incorporated herein as if set forth fully along with all footnotes, exhibits, appendices, and other attachments referenced therein.

6.14 Affordable Housing

Housing is considered to be affordable when 30 percent or less of total household income is spent on all housing costs, including mortgage or rent, taxes, insurance, utilities, and HOA fees where applicable. In some developments, it may be practical to limit all housing costs to less than 40 percent of total household income. Housing may also be considered affordable when a household’s residual income – what is left over after paying all housings costs – can cover essential nonhousing expenditures, including food, clothing, transportation, healthcare, and others.

All development approved for affordable housing purposes shall comply with the following standards:

A.    Occupancy of such units shall be restricted to a minimum of 30 days.

B.    Such units shall be deed restricted as to use and occupancy, based on criteria to be defined by the County Council and as amended from time to time. At a minimum, such use and occupancy restriction shall limit occupancy to persons who are employed within the boundaries of Grand County or, if retired, were previously employed in the County for at least three years; earn or earned (applicable only to retired persons) at least 80 percent of their household income from employment within Grand County during those three years; and occupy the unit as their primary residence.

C.    The County Council may impose additional restrictions, such as limitations on income relative to median family income (MFI) for Grand County as determined by the Department of Housing and Urban Development (HUD), area median income (AMI) as defined by the Census, or median wage as defined by the Utah Department of Workforce Services, and household net worth as necessary to achieve the purposes of this district.

D.    The County Council, or its designee, shall approve or otherwise qualify all occupants prior to any employee unit sales, rental or occupancy.

E.    The County Council, or its designee, shall approve the deed restriction prior to any unit sales, rental or occupancy.

[Ord. 545, 2016.] 

6.15 Assured Housing Standards Revised 11/19

6.15.1 Application Revised 11/19

The standards of this section shall apply to:

A.    Hotel, motel, condo, and any other accommodations development other than campgrounds, including conversions from residential to accommodations-based uses.

B.    Single-family residential development that meets at least one of the following conditions:

1.    The combined square footage of all primary and secondary or accessory structures exceeds 3,000 square feet.

2.    The combined assessed value of all land, primary, and secondary or accessory structures exceeds $800,000 at the time a certificate of occupancy is granted.

[Ord. 587, 2018.]

6.15.2 Definitions Revised 11/19

As used in this section, the following terms shall have the following meanings:

A.    “Accommodations development” means the construction or conversion of any project that includes accommodations-based activities where travelers, guests, or temporary occupants may legally inhabit an area for 30 days or less as provided by Section 3.2.3 for which a development application or building permit application was received after June 12, 2018.

B.    “Affordable rent” means annual rental housing costs, including rent, utilities, and HOA fees where applicable, that amount to 30 percent or less of a household’s combined gross annual income.

C.    “Affordable ownership” means annual housing ownership costs, including mortgage, taxes, utilities, and HOA fees where applicable, that amount to 30 percent or less of a household’s combined gross annual income.

D.    “Alternative compliance proposal” means a proposal to comply with the requirements of this section in lieu of the construction of deed-restricted affordable housing units established in the assured housing requirement, such as paying a fee in lieu, deed restricting and dedicating existing housing units, dedicating land, or other compliance option.

E.    “Area median income (AMI)” or “median family income (MFI)” means combined gross annual median household income as defined by the Department of Housing and Urban Development (HUD), which is based on household size.

F.    “Assured housing agreement” means a written agreement between the County and a developer.

G.    “Assured housing requirement” means a statutory affordable housing requirement for a hotel, motel, condo, other accommodations-based development, including conversions from residential to accommodations-based uses, or single-family residential development meeting the standards of Section 6.15.1(B).

H.    “Condominium” means the ownership of a single unit in a multi-unit project together with an undivided interest in common and common areas and facilities of the property.

I.    “Condominium unit” means either a separate part of the project intended for any type of independent use as an overnight accommodation, including one or more rooms or spaces located in one or more floors or parts of floors in a building or a time period unit, as the context may require.

J.    “County” means Grand County.

K.    “County Council” means Grand County Council, or its designee.

L.    “County Engineer” means Grand County Engineer of Record.

M.    “Deed restriction” means a contract entered into between Grand County and the owner or purchaser of real property identifying the conditions or occupancy and resale.

N.    “Department of Housing and Urban Development” or “HUD” means the United States government department responsible for setting income limits and maximum housing costs for affordable housing programs.

O.    “Developer” means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, which seeks County approvals for all or part of a use regulated by this section.

P.    “Extremely low-income household (ELI)” means a household whose combined gross annual income amounts to less than 30 percent of the area median income.

Q.    “Household” means one person living alone, two or more individuals related to each other by blood, marriage, or another legally recognized relationship, or a maximum of three unrelated individuals residing in the same residence whose combined income is considered for affordable housing eligibility.

R.    “Household income” means combined gross annual income of all individuals who will be occupying the unit regardless of legal status. Adjustments to the gross annual income for business expenses can be made for persons who are self-employed.

S.    “Housing fund” means the dedicated fund within Grand County’s budget that is to be used for any of the following: land or building acquisition, land development, redevelopment, renovation, public-private partnerships or other means to create or preserve deed-restricted affordable housing available to extremely low-, very low-, and low-income households.

T.    “Hotel/motel” means a building or group of buildings designed and occupied as a temporary abiding place of individuals. To be classified as a hotel or motel, an establishment shall contain a minimum of six individual guest rooms or units and shall furnish customary hotel or motel services.

U.    “Land use restriction agreement (LURA)” means a contract between Grand County and an affordable housing developer or subdivider which is recorded as an encumbrance upon the real property to be developed, and which provides for continued enforcement of the affordability provisions of this chapter for a duration of not less than 50 years. A LURA shall run with the land and be binding upon the parties and their successors in title, as provided by its terms.

V.    “Low-income household (LI)” means a household whose combined gross annual income amounts to between 50 percent and 79.99 percent of area median income.

W.    “Monitoring agency” means Grand County, or its designee, charged with monitoring and/or enforcement of the affordability provisions which accompany any affordable housing developed pursuant to this section, including any LURA provisions.

X.    “Overnight accommodations” means short-term rentals for a period of less than 30 days provided to visitors, tourists, or similar persons who do not have a long-term residence in Grand County.

Y.    “Subdivider” means any person creating a subdivision and offering lots or condominium units for sale to the public.

Z.    “Townhouse” or “townhome” means single-family or multifamily units utilized as overnight accommodations in which units share at least one common wall.

AA.    “Unit” means a residential dwelling containing, at a minimum, a permanently installed kitchen (including a sink, stove, refrigerator, counters, and cabinets), bathroom (sink, toilet, and a shower or bathtub), bedroom (or sleeping area), living room (or area), parking, and storage space. All habitable rooms shall be separate from the bathroom(s). A residential unit may contain more than one bedroom, depending on the needs of the development and the housing market. Each housing unit shall have nonexclusive access to common elements within the particular development.

BB.    “Very low-income household (VLI)” means a household whose combined gross annual income amounts to between 30 percent and 49.99 percent of the area median income.

[Ord. 587, 2018.]

6.15.3 Exemptions Revised 11/19

The following developments are exempt from the requirements of this section:

A.    The reconstruction of any structures that have been destroyed by fire, flood, earthquake or other act of nature; provided, that the reconstruction of the site does not increase the number of residential units by more than six or increase the interior floor area of a nonresidential structure by more than 4,999 square feet.

[Ord. 587, 2018.]

6.15.4 Assured Housing Requirements Revised 11/19

A.    The developer shall be required to construct the number of deed-restricted, affordable housing units on the same parcel or an adjacent parcel that best aligns with their development type in accordance with the table below:

Assured Housing Requirement 

Project Type

Income Category

AH Unit Mitigation*

Per _____

AH $ Mitigation*

Per _____

Hotel/Motel

Extremely Low-Income

5.43

60,000 sq. ft.

$15.57

Sq. Ft.

Very Low-Income

6.36

60,000 sq. ft.

$15.57

Sq. Ft.

Low-Income

10.87

60,000 sq. ft.

$15.57

Sq. Ft.

Condo (w/STR)

Extremely Low-Income

4.07

100 condo units

$5.18

Sq. Ft.

Very Low-Income

4.76

100 condo units

$5.18

Sq. Ft.

Low-Income

8.14

100 condo units

$5.18

Sq. Ft.

Townhome (w/STR)

Extremely Low-Income

8.41

100 townhomes

$8.77

Sq. Ft.

Very Low-Income

9.85

100 townhomes

$8.77

Sq. Ft.

Low-Income

16.85

100 townhomes

$8.77

Sq. Ft.

Large/
High-End SFR

Extremely Low-Income

2.83

100 SFR homes

$1.62

Sq. Ft.

Very Low-Income

3.31

100 SFR homes

$1.62

Sq. Ft.

Low-Income

5.66

100 SFR homes

$1.62

Sq. Ft.

*When determining the assured requirement, the above rates will be used as conversion ratios. If a developer chooses to comply with the assured housing requirement by building deed-restricted units or adding deed restrictions to existing units, fractional units shall be rounded up to the nearest whole number.

B.    Sample Development Scenarios. A developer submits an application for a 50-unit townhome development to be used for short-term rentals. In addition to other compliance alternatives offered by the assured housing ordinance, several hypothetical compliance alternatives are provided below.

1.    The developer chooses to build units deed restricted for occupancy by low-income households. The assured housing requirement equals 50*(16.85/100) = 8.425 units. When rounded up to the next whole number, the assured housing requirement shall be nine units.

2.    The developer chooses to build units deed restricted for occupancy by very low-income households. The assured housing requirement equals 50*(9.85/100) = 4.925 units. When rounded up to the next whole number, the assured housing requirement shall be five units.

3.    The developer chooses to build units deed restricted for both low-income and very low-income households in equal proportions. The assured housing requirement equals 50*(16.85/100)*50% = 4.2125 units deed restricted for low-income occupancy and 50*(9.85/100)*50% = 2.4625 units deed restricted for very low-income occupancy. When rounded up to the next whole number, the assured housing requirement shall be five units and three units respectively. Note the 50 percent factor is to reflect the 50-50 split between low- and very low-income unit restrictions.

4.    The developer chooses to utilize the fee in lieu option to meet the assured housing requirement. The assured housing requirement will be a function of the total square footage of all primary and accessory structures associated with the development at a rate of $8.77 per square foot.

C.    The assured housing requirement shall apply to the square footage of all buildings or total unit count constructed as part of the accommodations development and the total unit count of all single-family residences.

D.    If the accommodations development includes a combination of units restricted to residential housing for primary occupancy, be it ownership or rental, the developer may elect to deed-restrict those residential units as such and remove the square footage associated with those units from the total square footage subject to the requirements of this section.

E.    The area of affordable housing units built pursuant to the assured housing requirement shall be an average of not less than 1,000 square feet per unit. Developers shall provide a mix of one bedroom and larger units based on the expected needs of the project, as further specified in the development agreement and/or the LURA.

F.    If, given the finished floor area of the project, the assured housing requirement would result in less than one unit of affordable housing being built, the developer/subdivider shall utilize and pay the fee in lieu that would be applicable to the project.

G.    First preference for affordable units built under the assured housing requirement shall be given to eligible employees of the developer/subdivider who are or will be employed on the developed premises. All tenants of affordable units developed under the assured housing requirement shall occupy units pursuant to a written lease providing for a tenancy with a duration of not less than a month to month period.

H.    A developer/subdivider proposing new overnight accommodations may pay a fee in lieu equal to the total finished floor area (measured in square feet) of the overnight accommodation using the conversion formula established in subsection A of this section.

1.    The fee in lieu is due and payable prior to the issuance of a building permit.

2.    The County shall use the fee in lieu, either individually or in combination with other funds, for affordable housing purposes. These funds shall be held and accounted for in a separate fund which shall be used solely for the acquisition, construction, maintenance, management, or development of affordable housing.

[Ord. 587, 2018.]

6.15.5 Land Use Restriction Agreement Revised 11/19

A.    Applicability. At the time of final approval of the development application the County and the developer/subdivider shall execute and record in the land records a land use restriction agreement (LURA) implementing and providing for enforcement of the affordability controls specified in this section. The LURA shall be a deed restriction running with the land, and binding upon the original grantor, and all successors and assigns in title. The LURA shall provide, at a minimum, the following:

1.    The affordable housing units shall be leased to, and occupied by, eligible persons;

2.    The affordable housing units shall be leased at rent levels affordable to eligible persons for a period of not less than 50 years from the date of the initial certificate of occupancy;

3.    Subleasing of affordable units or the offering or use of affordable units as overnight accommodations is prohibited;

4.    The number of affordable units shall not be reduced and shall remain at the originally approved affordability level for a period of not less than 50 years; and

5.    Provisions for enforcement and monitoring of the affordability controls, including (as applicable) specific performance, damages, and an award of attorney fees and costs in the event of a violation.

B.    Maintenance. The LURA shall contain provisions providing that the owner shall maintain all units in a safe, sanitary, and functional condition in accordance with the provisions of the International Property Maintenance Code, as adopted by the County, or its equivalent.

C.    Recording Deed Restrictions. The LURA shall be recorded in the land records prior to the recording of the final plat or final site plan for the underlying development.

D.    Monitoring. The developer/subdivider shall submit an annual report to the County or its monitoring agency identifying the affordable units, the monthly rent for each unit, vacancy information for each year for the prior year, eligibility information for tenants of each affordable unit, and other information as required by the LURA. The annual report shall contain information sufficient to determine whether tenants are eligible for affordable housing as provided by this section.

E.    Extension of the LURA. The duration of the LURA may be extended for additional successive 10-year terms if the County Council certifies in writing at or before the expiration that there is a continuing need for affordable housing, and that it is reasonable that the affordability controls continue. In that case the County may execute any necessary documents to give effect to this provision.

[Ord. 587, 2018.]

6.15.6 Independent Feasibility and Nexus Analyses Revised 11/19

An applicant may submit an independent calculation of their assured housing requirement based on an analysis of the maximum feasible and justifiable requirement associated with their development. The applicant may present an alternative assured housing requirement in the form of affordable housing unit construction or dollar amount. If either of these independently calculated figures is lower than the assured housing requirement set forth in this section, the County shall consider applying the independently calculated requirement. The independent calculation shall be subject to the provisions of this section. Should the independent calculation not be accepted, then the applicable calculation from this section shall be applied. Any acceptance of an independent calculation shall be site- and use-specific, nontransferable, and be memorialized in an assured housing agreement between the property owner and the County. Such agreement shall be executed prior to the issuance of any building permit. [Ord. 587, 2018.]

6.15.7 Redevelopment: Additions and Conversions of Use Revised 11/19

Redevelopment or remodeling in an existing use is exempt from the requirements of this section, provided such activity does not increase the total square footage of an accommodations development or single-family residence subject to the standards of this section. If an existing use is not currently subject to the standards of this section and an addition, remodel, or conversion of such use would result in a use subject to the standards of this section, then the full assured housing requirement shall be applied to the resulting use. Only the uses and areas that existed prior to the redevelopment or remodeling shall be exempt from the requirements of this section. Any new area or unit or any change in use which creates additional square footage in association with accommodations-based activities shall be subject to the provisions of this section. [Ord. 587, 2018.]

6.15.8 Final Assured Housing Requirement Calculations Revised 11/19

The final calculations for the fees associated with the assured housing requirement shall be made prior to the issuance of land use approvals or building permits for the applicable project. [Ord. 587, 2018.]

6.15.9 Alternative Methods of Meeting Assured Housing Requirements Revised 11/19

The County Council may approve an alternative compliance proposal that includes one or more of the following options in lieu of fees:

A.    Payment of a fee in lieu as calculated using the conversion formula established in Section 6.15.4A.

1.    The fee in lieu is due and payable prior to the issuance of a building permit.

2.    The County shall use the fee in lieu, either individually or in combination with other funds, for affordable housing purposes. These funds shall be held and accounted for in a separate fund which shall be used solely for the acquisition, construction, maintenance, management, or development of affordable housing.

B.    Deed-restricted affordable housing units available to extremely low-, very low-, and low-income households in accordance with Section 6.14 may be constructed off site, within the boundaries of the Spanish Valley zoning map, City of Moab, or Town of Castle Valley, provided such land, site or structure had not been previously deed-restricted as affordable housing. The number, size, and value of such units shall be reasonably close to the number, size, and value of units that could otherwise be constructed using fees associated with the assured housing requirement.

C.    Dedication of existing units deed-restricted for extremely low-, very low-, or low-income households provided such units have not been previously restricted to employee or affordable housing. Units shall be located within the boundaries of the Spanish Valley zoning map, City of Moab, or Town of Castle Valley unless otherwise approved by the County. Existing units must meet the minimum standards for physical condition as described in Exhibit A attached to the ordinance codified in this section and be in move-in condition with appliances, windows, heating, plumbing, electrical systems, fixtures and equipment in good working condition. All units shall be inspected and shall meet applicable Grand County building codes and Utah state habitability standards, as applicable. A developer shall bear the costs and expenses of any required upgrades to meet the above standards as well as any reports required to assess the suitability for occupancy and compliance with the standards of the proposed units.

D.    Conveyance of land within boundaries of the Spanish Valley zoning map, City of Moab, or Town of Castle Valley to the County or its designee, provided such land has not been previously restricted to employee or affordable housing. The land value shall be reasonably close to the value of the fees associated with the assured housing requirements. Should the County Council later elect to sell the land, all proceeds from the sale of the land shall be placed in a dedicated housing fund.

[Ord. 587, 2018.]

6.15.10 Periodic Review of Assured Housing Ordinance Revised 11/19

The County Council shall review this section at least biennially to ensure it is meeting the community and economic development needs of Grand County. [Ord. 587, 2018.]

6.15.11 Enforcement Revised 11/19

A.    Penalty for Violation. It shall be a misdemeanor to violate any provision of this section. Without limiting the generality of the foregoing, it shall also be a misdemeanor for any person to sell or rent to another person an affordable housing unit under this section at a price or rent exceeding the maximum allowed under this section or to sell or rent an affordable unit to a household not qualified under this section. It shall further be a misdemeanor for any person to provide false or materially incomplete information to the County or its designee or to a seller or lessor of an affordable housing unit to obtain occupancy of housing for which the person is not eligible.

B.    Legal Action. The County may institute any appropriate legal actions or proceedings necessary to ensure compliance with this section, including:

1.    Actions to revoke, deny or suspend any permit, including a land development permit, conditional use permit, building permit, certificate of occupancy, or discretionary approval;

2.    Actions to recover from any violator of this section civil fines, restitution to prevent unjust enrichment from a violation of this section, and/or enforcement costs, including attorney fees;

3.    Eviction or foreclosure; and

4.    Any other appropriate action for injunctive relief or damages. Failure of any official or agency to fulfill the requirements of this section shall not excuse any person, owner, household or other party from the requirements of this section.

[Ord. 587, 2018.]