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Home My Public Portal AboutORD-CC-2005-03ORDINANCE 2005-03 AN ORDINANCE AMENDING SECTION 5.64 OF THE MOAB MUNICIPAL CODE RELATING TO MOVED -ON COMMERCIAL STRUCTURES. WHEREAS, the City of Moab has determined that regulations regarding Moved -on Structures should be revised; and, WHEREAS, the Planning Commission recommended that the following amendment be adopted by the City Council. NOW THEREFORE, the City of Moab shall repeal chapter 5.64 of the Moab Municipal Code in its entirety and replace it as follows: 5.64 Moved -on commercial structures 5.64.010 Definitions, Uses and Operational Restrictions. For purposes of this chapter: A. Temporary Mobile Sales Structures shall be defined as: An engineer certified pre -manufactured mobile structure, which can be moved via automotive means and is not wider than 8 feet. Operational Restrictions for Temporary Mobile Sales Structures: Said structure can be placed on private property with the owner's permission for a term not to exceed 7 months during a 12 month period with the 7 months commencing at the issuance date of the permit. The structure must be moved offsite at the term expiration with no exceptions. Applicant shall provide a plot plan to scale showing existing buildings, utilities, easements, parking and proposed placement of temporary structure. Structures must meet all applicable building, health and fire codes for intended use. Structures are limited to commercial zones. Permit requires City Council approval. B. Temporary Seasonal Sales Structures for Permanent Businesses shall be defined as: Structures placed and used by adjacent Moab businesses for the sale of seasonal items. Applicant shall provide a plot plan to scale showing existing buildings, utilities, easements, and proposed placement of temporary structure. Operational Restrictions for Temporary Seasonal Sales Structures for Permanent Businesses: Operation of the structure shall be conducted by the adjacent permanent business. The structure must not exceed 20% of the permanent business building's area and is limited to a term not to exceed 7 months during a 12 month period with the 7 months commencing at the issuance date of the permit. The structure must be moved offsite at the term expiration with no exceptions. Structure must meet all applicable building, health and fire codes for intended use. Structures are limited to commercial zones. Permit requires City Council approval. C. Temporary Sales Structures shall be defined as: Tables, tents, canopies, awnings, outside displays or lot sales. Operational Restrictions for Temporary Sales Structures: Ordinance 2005-03 Page 1 of 2 Said structures shall be placed on private property with the owner's permission and shall not operate for more than 14 days. Structures approved under this definition shall be moved offsite or dismantled at the term of expiration with no exceptions. Structures must meet all applicable building, health and fire codes for intended use. Structures are limited to commercial zones. Permit requires City Council approval. D. Mobile Street Vendors Defined herein as mobile sales on or from any public easement to include any public right-of-way, alley, road or sidewalk. Mobile Street Vendors are not allowed within the City of Moab. 5.64.020 Issuance of Permits and fees A. The applicant must obtain all applicable business licensing as required elsewhere in this chapter. B. All defined Moved -on Structure Permits require City Council Approval. C. The maximum time limit a moved -on commercial structure can be placed is defined by the type of structure and operational restriction with no exceptions. D. Applicant shall apply to the City Treasurer's Office and shall submit all information required by Moab Municipal Code Section 5.64.010 for the specific type of structure. E. Fees shall be determined by City Council and shall be adopted by Resolution. F. Moved -on structures used for special event sales are exempt from the provisions of this chapter, but must adhere to the provisions of Section 5.09 of the Special Events Permits and Business Licenses chapter. G. The applicant must verify that the condition, location, parking requirements and use of the structure or vehicle will comply with all city ordinances and other applicable state and county codes PASSED, ADOPTED AND APPROVED by the Governing Body of the City of Moab in open session this 22ND day of February, 2005. This ordinance shall take effect immediately upon passage. S1: Rachel Ellison Dave Sakrison Moab City Recorder Mayor of Moab City Ordinance 2005-03 Page 2 of 2 ORDINANCE for mo 14 days. 2005-03 Struct .pproved AN ORDINANCE under this definition AMENDING shall be moved offsite SECTION 5.64 OF or dismantled at the THE MOAB MUNICI- term of expiration with PAL CODE RELAT- no exceptions. Struc- ING TO MOVED -ON lures must meet all ap COMMERCIAL plicable building, STRUCTURES. health and fire codes WHEREAS, the for intended use. Struc- CityofMoabhasdeter- lures are limited to mined that regulations commercial zones. regarding Moved -on Permit requires City Structures should be Council approval. revised; and, D. Mobile WHEREAS, the Street Vendors Planning Commission Defined herein as recommended that the mobile sales on or from following amendment any public easement to be adopted by the City include any public Council. right-of-way, alley, road NOW THERE- or sidewalk. Mobile FORE, the City of Street Vendors are not Moab shall repeal allowed within the City chapter 5.64 of the of Moab. Moab Municipal Code 5.64.0201ssuance of Permits and fees in its entirety and re - A. The applicant place it as follows: must obtain all appli- 5.64 Moved -on cable business licens- commercial struc- ing as required else- tures where in this chapter. 6.64.010 Defini- B All defined lions, Uses and Opera - Moved -on Structure tional Restrictions. Permits require City For purposes of this Council Approval. chapter: C. The maximum A. Temporary Mo- time limit a moved -on bile Sales Structures commercial structure shall be defined as: can be placed is de - An engineer certi- fined by the type of fied pre -manufactured structure and opera mobile structure, which tional restriction with can be moved via au no exceptions. tomotive means and is D. Applicant shall not wider than B feet. apply to the City Operational Re Treasurer's Office and strictions for Tempo - shall submit all infor- rary Mobile Sales mation required by Structures: Moab Municipal Code Said structure can Section 5.64.010 for be placed on private the specific type of property with the structure. owner's permission for E. Fees shall be a term not to exceed 7 determined by City months during a 12 Council and shall be month period with the adopted by Resolution. 7 months commencing F. Moved on struc- at the issuance date of lures used for special the permit. The strut- event sales are exempt lure must be moved from the provisions of offsite at the term ex- this chapter, but must piration with no e>Zcep adhere to the provi- tions. Applicant shall sions of Section 5.09 of provide a plot plan to the Special Events scale showing existing Permits and Business buildings, utilities, Licenses chapter. easements, parking G. The applicant and proposed place- must verify that the ment of temporary condition, location, structure. Structures parking requirements must meet all appli- and use of the struc- cable building, health ture or vehicle will com- and fire codes for in- ply with all city ordi- tendeduse. Structures nances and other ap- are limited to commer plicable state and cial zones. Permit re- county codes. quires City Council ap- PASS E D , proval. ADOPTED AND AP- B. Temporary Sea- PROVED by the Gov- sonal.Sales Strut- erningBodyoftheCity lures for Permanent of Moab in open ses- Businesses shall be sion this 22nd day of defined as: February, 2005. This Structures placed ordinance shall take and used by adjacent Proof Publication STATE OF UTAH, County of Grand, Samuel J. Taylor or Adrien F. Taylor, being first duly sworn according to law, deposes and says: That he/she is the co -publisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice C APR 4 2005 rdinance 2005-03 hereto attached, and which is made a part of this Affida- vit of Publication, was published in said newspaper for a period of 1 consecutive issues, the first publication date having been made Max . 10 , 2005 ;and the last on ;and the said notice was published in each and every copy of said newspaper during the period and time of publication, and that it was published in the news- paper proper and not in a supplement thereof. Co -Publisher Subscribed and sworn before me this Notary Public Residing at Moab, Utah My Commission Expires ORDINANCE NO.2005-02 ENACTING CHAPTER 3.18 OF THE MOAB MUNICIPAL CODE REGARDING TELECOMMUNICATIONS LICENSE TAXES AND REPEALING CHAPTER 5.56 REGARDING ENERGY AND TELECOMMUNICATIONS FEES WHEREAS, Utah law authorizes municipalities to levy a telecommunications license tax against telecommunications providers for revenue purposes; WHEREAS, it is necessary to repeal inconsistent tax ordinances in order for the City to enact the telecommunications license tax; and WHEREAS, the City of Moab finds that it is in the best interests of the City that it diversify its revenue sources to the extent lawfully permitted. Now therefore, IT IS ENACTED AS FOLLOWS: Chapter 5.56 of the Moab Municipal Code relating to fees assessed against utilities hereby repealed in its entirety. Chapter 3.18 of the Moab Municipal Code is enacted as set forth below. CHAPTER 3.18 TELECOMMUNICATIONS LICENSE TAX 3.18.010 Definitions. The definitions established in U.C.A. § 10-1-402, as may be amended from time to time, are incorporated into this Chapter by reference. 3.18.020 3.18.030 3.18.040 Tax on telecommunications services. The City of Moab hereby levies a telecommunications license tax on the gross receipts from telecommunications services, including mobile telecommunications services, attributable to service provided within the corporate limits of the City of Moab, as same may change from time to time. The tax shall be three percent (3%) of the telecommunications provider's gross receipts attributable to the City of Moab. If the location of a transaction is determined to be other than the City of Moab then the rate imposed on the gross receipts for telecommunications services shall be determined pursuant to the provisions of U.C.A. § 10-1-409. Effective Date. The tax established by this ordinance shall take effect April 1, 2005 and shall continue until altered or repealed. Interlocal Agreement on or before the effective date of the tax established by this Chapter, the City shall enter into a uniform agreement with the Utah State Tax Commission as provided in U.C.A. § 10-1-405 for the collection, enforcement, and administration of the tax provided in this Chapter. Page 1 of 2 Ordinance #2005-02 3.18.050 3.18.060 Procedures for Taxes Erroneously Collected. Telecommunications customers seeking recovery of telecommunications license taxes wrongfully collected may seek a refund from the telecommunications provider in accordance with the procedures outlined in U.C.A. § 10-1-408. In the event that a customer prevails in any action for a refund pursuant to U.C.A. § 10-1-408, the City shall refund to the telecommunications provider the amount subject to refund within thirty (30) days of receipt of a written notice establishing the amounts determined to be owing. Nothing herein shall be construed to obligate the City to pay interest, costs, legal expenses, or any other incidental costs associated with any action between the customer and the telecommunications provider. Nothing herein shall be construed to authorize any right of action by any telecommunications customer against the City with respect to the tax levied under this Chapter. Right of Way Charges. Nothing in this Chapter shall be construed to alter or invalidate any other charges the City may assess for permits, supervision, management, or construction within the public right-of-way by telecommunications providers, public utilities, or others. This ordinance shall become effective upon passage. CITY OF OAB By: Mayor David Sakrison Attest: 1- Il-v5 Date sY(CCL C-Peat I-II-oS Rachel Ellison, City Recorder Date Page 2 of 2 Ordinance #2005-02