HomeMy Public PortalAboutORD-CC-1990-06ORDINANCE NO. 90-06
AN ORDINANCE AMENDING THE MOAB CITY MUNICIPAL CODE TO INCLUDE
CHAPTER 17.70 REGARDING BED AND BREAKFAST FACILITIES.
Be it ordanined by the Moab City Council that the following
Chapter 17.70 regarding Bed and Breakfast Facilities be added to
the Moab Municipal Code:
CHAPTER 17.70
BED AND BREAKFAST FACILITIES
Sections:
17.70.010 Bed and breakfast defined.
17.70.020 Rooming house defined.
17.70.030 Preconditions for conditional use permit.
17.70.040 Requirements for conditional use permit.
17.70.050 Enforcement.
17.70.010 Bed and Breakfast Defined. A residence
containing not more than six (6) bedrooms and one (1) kitchen,
where for compensation meals are provided pursuant to previous
arrangements on a daily or weekly basis as distinguished from a
motel, cafe or boarding room. Permits for boarding houses,
rooming houses and the short term rental of homes (less than 30
days) also fall under the bed and breakfast ordinance.
17.70.020 Rooming House Defined. A building where sleeping
accommodations are provided for compensation on a daily or weekly
basis.
17.70.030 Preconditions for Conditional Use Permit. A. Bed
and breakfast facilities may be allowed by conditional use
permits where applicant can show evidence of compliance with
1
outlined standards and procedures and where there is clearly
minimal impacts on adjacent residential properties and
neighborhoods. An inspection by the building inspector, fire
chief and health department shall be required prior to the
issuance of a permit and as often as necessary for enforcement of
such ordinance. No person shall operate a bed and breakfast
unless they hold a valid permit and business license.
B. A letter of application sworn before a notary public
shall be provided by the owner(s) stating that such owner or
live-in residential manager will occupy the said facility, except
for bona fide temporary absences. Said letter shall be recorded
by the Moab City Recorder with a certified copy to accompany the
application. Said letter shall also be submitted to the Moab
City Planning Commission for its recommendation.
C. The conditional use permit for bed and breakfast
facilities shall be one (1) year from the date of the original
permit. At the end of the one-year period, renewal shall be
granted by City Council if such property remains the principal
residence of the owner or live-in residential manager and all
other conditions required at the time of approval remain
unchanged. A change in ownership will necessitate the request of
a new conditional use permit.
D. Applicant must provide plot plans (and building plans if
requested) 1/4 inch to the foot showing the bed and breakfast
facility, parking and landscaping. Applicant must show that the
facility provides adequate parking and landscaping as deemed by
the Planning Commission. Plans shall be approved by the building
inspector, fire chief and health department.
17.70.040 Requirements for Conditional Use Permit. A. The
bed and breakfast facility shall not unduly increase local
traffic in the immediate neighborhood. Road design and access
(i.e. primary, secondary and arterial and dead-end roads) shall
be considered in the Planning Commission's recommendation.
Construction and alterations of bed and breakfast facilities
shall not alter the residential character of residential zones
and of the dwelling.
B. The parcel shall also be of sufficient size to be in
scale with the number of people using the facility. All short
term rentals must provide adequate parking (recommended one (1)
off-street parking per bedroom) in addition to needed parking for
owners/employees of the facility, have a maximum 30 day stay and
meals shall be served to guests only. (Bed and Breakfast:
Zoning R2, R3, R4.)
C. Signs are limited to one non -flashing sign not larger in
area than 226 square inches. If lighted, the light shall be
diffused or shielded.
D. All bed and breakfasts must collect and pay an
applicable transient room tax, sales tax and city gross business
license fee.
E. The bed and breakfast facility shall conform to fire,
building and health codes and be licensed in conformance with all
City ordinances. Any other appropriate or more stringent
conditions deemed necessary for bed and breakfast facilities
protecting public health, safety, welfare and the residential
character of residential zones may be required by the Planning
Commission.
17.70.050 Enforcement. All violations of said bed and
breakfast ordinance are classified as Class B Misdemeanors,
punishable by a fine not to exceed $1000.00, or by imprisonment
in the county jail for a period not to exceed six months, or by
both such fine and imprisonment. Each day of violation or non-
compliance shall constitute a separate offense and may be
prosecuted accordingly. The Moab City Council may also revoke or
suspend violator's license(s) for non-compliance of conditional
use.
DONE in open Council this
A.D., 1990.
Attest:
ndra E. Beauregard,
Acting Moab City Reco .er
3
5th day of .T„ne
4-2
Thomas A. Stocks,
Moab City Mayor