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HomeMy Public PortalAboutORD-CC-2017-29Page 1 /2 ORDINANCE #2017-29 AN ORDINANCE TO AMEND CHAPTER 17.09.560.B. BY DECREASING THE SETBACKS FOR ACCESSORY STRUCTURES, AND CLARIFYING WHAT IS CONSIDERED THE "PRINCIPAL STRUCTURE" WHEREAS, the Moab City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Title 17, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City as well as to promote a more attractive and wholesome community environment; and, WHEREAS, the City appraised the requirements for accessory structure setbacks in the Table in 17.09.560.B; and, WHEREAS, the City determined that, in order to provide more accessibility to and greater options for citizens to build on their private property, the accessory structure setbacks should be decreased; and, WHEREAS, the City determined that the Section needed some clarity regarding what is considered the "principal structure" on a lot, in that the 12 foot constraint is creating confusion, provides no discernible benefit, and has outlived its usefulness as a constraint; and, WHEREAS, the amendments would be useful in aiding the public and the Planning Staff in the day to day administration of the Code; and, WHEREAS, the Moab City Planning Commission ("Commission") held a duly advertised public hearing on June 22, 2017, to hear and decide the merits of said amendments; and, WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff, determined that these amendments would provide clarity in the code, and also facilitate fair and orderly building in the City; and, WHEREAS, the Commission, in a 3-0 vote, subsequently adopted Planning Resolution 2017-33, that favorably recommended Ordinance #2017-29 to the City Council for approval; and, WHEREAS, Council reviewed Ordinance #2017-29 in a regularly scheduled meeting held on August 8, 2017, to hear and decide the merits of the proposed changes to Section 17.09.560.B.; and, WHEREAS, Council found the changes to be in the best interests of the City of Moab. NOW, THEREFORE, the Moab City Council hereby amends the language of Section 17.09.560.B, as it currently reads to be revised by the changes below: Items in yellow shall be deleted from the code. Items in blue shall be added to the code: 17.09.560 Accessory use or structure 17.09.560.B Setbacks for accessory buildings B. Setbacks. Detached accessory buildings shall be constructed to the established setbacks as illustrated in the following table: Page 2/2 Setbacks for Accessory Structures* Detached accessory structures less than 10 feet in height 1)cta ched accessory structures more than I (1 feet in hcighl Attached accessory structures Must meet the established setbacks for the principal structure if located within 12 feet of the principal structure. Side yard More than 5 Icct 3 fret for .structures up to 10 feet 7 feet for structures excuc(ling If 1.,x1 Rear yard More than 5 feet 3 feet for structures up to 10 feel 5 feet for structure. excccLlinll 10 feet From other accessory structures on the same property 10 feet 3 feet for structures up to I() feet 5 feet for structures exceeding I() feet Corner Lot (side street) 10 feet feet for structures up to IO feel 5 fret for structures cxcecdiug lO fret As measured from any side lot Tine, alley right-of-way or easement line. In effect on the day of passage; PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the 8th day of August, 2017. SIGN lC David L. Sakrison, Mayor RacherSterf ta;.Recorder /1{11111110 ",