Article 6 General Development Standards Revised 11/18 Amended Ord. 588

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 Revised 11/18

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 Revised 11/18

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 Amended Ord. 588

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.    A sign may be lighted by a lighting source located a distance away from the sign and projecting light onto the sign, subject to the following:

2.    Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into a public rights-of-way or residential premises.

3.    Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to passing motorists, as determined by the Building Official.

4.    The light source shall be continuous and uninterrupted so as not to be flashing blinking, flashing or fluttering or otherwise changing in light intensity, brightness or color. Beacon lights are prohibited.

5.    No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.

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 Amended Ord. 588

An outdoor lighting plan shall be submitted with the site/development plan for property in any district of Grand County.

A.    All outdoor lighting shall be directed down or toward a surface.

B.    The light source or bulb for all outdoor lighting shall be shielded from view off-site.

C.    No outdoor lighting shall be directed towards any adjacent residential use or public street.

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 Revised 11/16

6.10.1 Purpose Revised 11/16

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 Revised 11/16

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.]