HomeMy Public PortalAboutORD-CC-2006-01ORDINANCE #2006-01
AN ORDINANCE AMENDING SECTION VARIOUS SECTIONS OF CHAPTERS 1, 2, 16
AND 17 OF THE MOAB MUNICIPAL CODE RELATING TO LAND USE AS REQUIRED
BY STATE OF UTAH'S 2005 LAND USE AND DEVELOPMENT ACT 10-9A-101
THROUGH 10-9A-803.
WHEREAS, the City of Moab desires to comply with the requirement imposed by the
State of Utah; and,
WHEREAS, the Planning Commission recommended that the following amendments be
adopted by the City Council.
NOW THEREFORE, the City of Moab shall amend Moab Municipal Code and replace it
as follows:
A. ADDING SECTION 17.06.015 OF THE MOAB MUNICIPAL CODE
REGARDING DESIGNATION OF FINAL AUTHORITY FOR APPROVAL OF
MUNICIPAL LAND USE CODE PROCESSES AND THE DESIGNATION OF
APPEAL BOARDS TO WHICH THESE DECISIONS CAN BE APPEALED. IF
THIS SECTION IS FOUND TO BE IN CONFLICT WITH ANY OHTER SECTION
OF THE CITY CODE, THE AUTHORITY, APPEAL OR ADVISORY ENTITY
IDENTIFIED HERE IN TAKES PRECEDENCE.
APPLICA/ACTION ADVISORY BD L-U AUTHOR APPEAL BD REQUIRED PUBLIC HEARING
Zone Change Planning Com City Council District Court Yes PC
L-U Code Amend Planning Com City Council District Court Yes PC
General Plan/Amend Planning Com City Council District Court (DC) Yes PC
Annexation Planning Com City Council Bound Com/DC Yes CC
Pre -Annex Agree Planning Com City Council District Court No
Conditional Use Planning Com B of A/DC No
Site Plans Planning Com B of A/DC No
Similar Uses Planning Com B of A/DC Yes PC
LU/Zone Interpret Zoning Admin B of A/DC No
Non Conforming Use Zoning Admin B of A/DC No
Non Complying Building Zoning Admin B of A/DC No
Variances Zoning Admin B of A District Court Yes B of A
Flood Plain Zoning Admin B of A District Court Yes B of A
Hillside Ordinance Planning Com City Council District Court No
PUD•• Planning Com City Council District Court Yes PC
Hillside Ordinance Planning Com City Council B of A No
Ordinance 2006-01 Page 1 of 11
Second Dwelling Zoning Admin Planning Com B of A/DC
Bed & Breakfast Zoning Admin Planning Com B of A/DC
Site Plan Planning Com B of A
No
No
No
* Public hearings before the City Council while not required by State Code could continue to be required by City Code.
** Planned Unit Development
B. ADDING SECTION 16.08.05 OF THE MOAB MUNICIPAL CODE REGARDING
DESIGNATION OF FINAL AUTHORITY FOR APPROVAL OF MUNICIPAL
SUBDIVISION CODE PROCESSES AND THE DESIGNATION OF APPEAL
BOARDS TO WHICH THESE DECISSIONS CAN BE APPEALLED. IF THIS
SECTION IS FOUND TO BE IN CONFLICT WITH ANY ORHTER SECTION OF
THE CITY CODE, THE AUTHORITY ,APPEAL OR ADVISORY ENTITY
IDENTIFIED HERE IN TAKES PRECEDENCE.
APPLICA/ACTION ADVISORY BD L-U AUTHOR APPEAL BD REQUIRED PUBLIC HEARING
Prelim Plat Planning Com B of A Yes PC
Final Plat Planning Com City Council District Court No
Amend Plat** City Council District Court No
Amend plat Planning Com City Council District Court Yes PC & CC
Modify Lot Lines City Council District Court No
Subd Ord/Amend Planning Com City Council District Court Yes PC
** If ALL owners within the plat sign to permit Amendment and it is not (1) a multi -residential, industrial or commercial subdivision
nor does it (2) involve vacation of a public R-O-W, CC can approve without public hearings by PC or CC.
C. ADDING SECTION 1.01.110 OF THE MUNICIPAL CODE REGUARDING THE
CITY OF MOAB'S ADOPTION OF THE STATE OF UTAH'S 2005 LAND USE
AND DEVELOPMENT MANAGEMENT ACT 10-9A-101 THROUGH 10-9A-803.
The City of Moab hereby incorporates the State of Utah land Use and
Management Act 10-9a-101 through 10-9a-803. Where the City Codes and the
State Codes conflict, State Codes shall apply.
D. AMENDING SECTIONS 17.09.530 TO 17.09.630 OF THE MUNICIPAL CODE
CONCERNING CONDITIONAL USE PERMITS AS FOLLOWS:
17.09.530 Conditional use --Generally.
The following uses shall be permitted only after hearing by the planning
commission. Appeal of the Planning Commission decision mavbe made within 30
days of notice by the planninc commissionrset forth in Sections 17.09.540 through
17.09.640. (Prior code §27-28(part))
Ordinance 2006-01 Page 2 of 11
Deleted: and consideration of the
planning commission records by the city
lcouncil as
17.09.540 E Conditional use --Home occupations.
E. Appeals. Decisions by the planning commission may be appealed to the,board
of adjustments. Appeals must be submitted to the,board of adjustments within
thirty days of of written notice by the plannine commission.
17.09.560 Conditional use --Small lots.
Where a parcel of land at the time of the adoption of the ordinance codified in this
title is at least one and eight -tenths times as large in area as required for a lot in
the zone, the,planning commission may permit the division of a parcel into two
lots, provided:
A. Such division will not cause undue concentration of buildings;
B. The characteristics of the zone in which the lot is located will be maintained;
C. In the opinion of theplanning commission, values in the area will be
safeguarded. (Prior code §27-3-28(C))
17.09.570 Conditional use --Utility buildings and structures permitted.
Water, sewer lines and electric substations and structures may be constructed in all
residential zones subject to the approval of theplanning commission. The
,planning commission may require conditions which are reasonably necessary to
protect surrounding property values and residential amenities. (Prior code §27-3-
28(D))
17.09,035,pwelling site to front on public street.
Except as otherwise provided for in this title, at least one side of each lot used as a
dwelling site shall abut upon a street which has been designated or dedicated to
the public for street purposes and the length of such abutting side measured at the
setback line shall be at least as great as the width required for dwelling sites in the
zone in which such building site is located. (Prior code §27-3-28(E))
17.09.590 Conditional use --Uses prohibited in zones unless expressly
permitted.
Uses of land which are not expressly permitted within a zone are expressly
prohibited therein, except as may be permitted by action of theplanning;
commission pursuant to express authority under the terms of this title. The
,planning commission shall not permit a use within a zone which is not expressly
permitted by the terms of this title, unless it can be shown that the use is similar to
other uses permitted in the zone. Where theplanning commission determines a
use to be similar, such use shall thereafter be deemed to be a permitted use as if it
were listed herein on the effective date of the ordinance codified in this chapter.
(Prior code §27-3-28(F))
Ordinance 2006-01 Page 3 of 11
{ Deleted: city council
( Deleted: planning office
Deleted: date of decision and shall be
heard at the next regularly scheduled city
council meeting. The planning
commission at their discretion may
forward their decision for review to the
city council
Deleted: city council
Deleted: city council
{ Deleted: city council
Deleted: city council
{ Deleted: 580
Deleted: Conditional use-
-{ Deleted: city council
{ Deleted: city council
j Deleted: city council
17.09.600 B Conditional use --Moved buildings.
B. The application must then be approved by the,planning commission.
Before approving such application and authorizing the issuance of a
permit, the city council must find:
1. That the building will have no appreciable detrimental effect on the living
environment and property values in the area into which the structure is to be
moved;
2. That the building is in conformity with the quality of buildings existing in the
area into which it is proposed to be moved;
3. That such building and the lot on which the building is to be located will
conform to the requirements of the zoning ordinance and other applicable
codes, ordinances, and regulations;
4. That its location on the lot does not in any substantial way adversely affect
buildings or uses in abutting properties;
5. That all landscaping, walkways and masonry work about the premises and the
required dedications and improvements for streets and facilities and buildings
shall be provided in conformity with the standards of the city;
6. That a bond or other assurance has been posted as a guarantee that the
building and grounds will be improved as stipulated by the hp_
ming
commission before the building is occupied and that the vacated site will be
restored to a safe and sightly condition. The amount of the bond or other
assurance shall be at least equal to the cost of employing a contractor to make
the improvements to the buildings and premises as required by the,planning
commission. The requirements of this provision shall also apply to the moving
of mobile homes, demountable homes, manufactured homes and similar
movable structures, except when being moved from outside the city into a
mobile home park. (Prior code §27-3-28(G))
17.09.610 Conditional use --Transition use.
Uses which are permitted on either portion of a lot, which lot is divided by a
zone boundary line or which is coterminous with a zone boundary line may be
permitted to extend to the entire lot, but not more than one hundred feet
beyond the boundary line of such zone in which such use is permitted. Before
a permit for such a use may be granted, however, the,planning commission
must find that the comprehensive plan of zoning will be maintained and that a
more harmonious mixing of uses will be achieved thereby. (Prior code §27-3-
28(H))
17.09.630 Conditional use --Twin homes.
Theplanning commission may approve twin -home ownership as defined in
subdivision e of subsection 17 of Section 17.06.010 (definition of dwelling,
two-family) of any two-family dwellings where two-family dwellings are a
Ordinance 2006-01 Page 4 of 11
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J
-i Deleted: city council
(Deleted: city council
J
( Deleted: city council
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permitted use in a particular zone; such approval to be subject to such
conditions as the,plalming commission may impose on the particular
application for it. (Prior code §27-3-28(J))
E. AMENDING SECTIONS 17.12.020 THROUGH 17.12.100 OF THE MOAB
1 MUNICIPAL CODE AS FOLLOWS:_(1). DELETING THE WORDS "SPECIAL
EXCEMPTIONS" AND BY REPLACING THE WORD "NONCONFORMING" TO
"NONCOMPLYING" WHENEVER THE ORDINANCE REFERS TO
STRUCTURES OR BUILDINGS:
17.12.020 Special exceptions --Generally.
17.12.030 through 17.12.100 are to be decided by the zoning administrator
with appeal to the,Board of adjustment; f See board of adjustments Duties
Section 17.72.140, subsections B and C.) (Prior code §27-4-2(part))
17.12.030,.-Nonconforming uses and nonconforming buildings,
Aponcomplying building or structure or use of land may be continued to the
same extent and character as that which legally existed on the effective day of
the applicable regulations. Repairs may also be made to a„noncomplying
building or to a building housing aponcomplving use. However, in view of
the fact that no further development or change in use can be undertaken
contrary to the provisions of this title, it is the intent of this title that
nonconforming uses and noncomplying buildings shall not be increased or
expanded, except where a health or safety official, acting in his official
capacity, requires such increase or expansion. Such expansions shall be no
greater than that which is required to comply with the minimum requirements
as set forth by the health or safety official. (Prior code §27-4-2(A))
17.12.040,Damaged building restoration.
A, pncomplying building or structure or a building or structure occupied by a
nonconforming use which is damaged or destroyed by fire, flood, wind,
earthquake, or other calamity or act of nature may be restored, and the
occupancy or use of such buildings, structure, or part thereof which legally
existed at the time of such damage or destruction may be continued or
resumed, provided that said noncomplying building has not been abandoned
by the owner; or where said building has deteriorated to a condition that is
uninhabitable and the owner after 6 months notification by the City has not
acted to repair the noncomplying buildine or use; or,restoration,has not
started within a period of one year from the date of destruction and is
diligently prosecuted to completion and provided that such restoration does
not increase the floor space devoted to the nonconforming use over that which
existed at the time the building became,loncomplying. (Prior code §27-4-
2(B))
Ordinance 2006-01 Page 5 of 11
Deleted: city council
{ Deleted: Special exceptions shall be as
set forth in Sections
Deleted:. (
Deleted: may decide some ordinances.
- Deleted: Special exceptions
Deleted: and uses
--( Deleted: nonconforming
)
- ( Deleted: nonconforming
Deleted: nonconforming
.l Deleted: Special exceptions —
Deleted: nonconforming
Deleted: such
f Deleted: is
-1 Deleted: nonconforming
17.12.050 Discontinuance or abandonment.
, {Deleted: Special exceptions-
Aponcomplying building or structure or portion thereof or a lot occupied by a { Deleted: nonconforming
nonconforming use which is, or hereafter becomes abandoned as defined in
Section 17.12.040,sha11 not thereafter be occupied, except by a use which
conforms to the use regulations of the zone in which it is located. (Prior code
§27-4-2(C))
17.12.070,Change to another nonconforming use prohibited.
Deleted: or is discontinued for a
continuous period of one year or more
Deleted: Special exceptions —
A nonconforming use or a noncomplying,building or lot shall not be changed -{ Deleted: of
to another nonconforming use or noncomplying building whatsoever. Changes
in use shall be made only to a complying building or to a conforming use.
(Prior code §27-4-2(E))
17.12.080,Reclassification of territory.
The provision pertaining to nonconforming uses?nd nonconforming buildings
shall also apply to land and buildings which hereafter become nonconforming
due to an amendment in the zoning ordinance. (Prior code §27-4-2(F))
17.12.090,Permits granted prior to passage of ordinance or amendment
thereto.
Notwithstanding the issuance of a permit,thereto, no building which becomes
,noncomplying upon the passage of the ordinance codified in this title or which
becomes a nonconforming use due to an amendment to this title shall be built
unless construction has taken place thereon to the extent of at least five
hundred dollars in replaceable value by the date on which the ordinance
codified in this title or said amendments becomes effective. "Replaceable
value" shall be construed to mean the expenditure necessary to duplicate the
materials and labor at market prices. (Prior code §27-4-2(G))
17.12.100,Owner-occupied mobile home.
An owner -occupied mobile home constituting a noncomplying buildine,in its
present location may be removed by the owner and replaced by4
manufactured home within ninety days and so continue as a nonconforming
ui.ldina, providing the,manufactured home replacing the one formerly
removed be located within the minimum setbacks as required by the zoning
district for residential use in that zoning district, and providing it is a newer
model and an improvement and manufactured after June 16, 1976, in
accordance with the standards adopted pursuant to the National Manufactured
Housing Construction and Safety Standards Act of 1974 and stamped
approved by HUD (S 5402-6) and contains the State Insignia of Approval.
Mobile homes that have existed in the city prior to the adoption of the
Ordinance 2006-01 Page 6 of 11
{ Deleted: Special exceptions-
1
1 Deleted: of land
1 Deleted: Special exceptions—
[ -Deleted: therefor
Deleted: nonconforming
{ Deleted: Special exceptions —
Deleted: nonconforming use 1
j Deleted: another mobile
{ Deleted: use
( Deleted: mobile
J
ordinance codified in this section may be moved to another mobile home park
or subdivision within the city as long as minimum safety standards and
applicable laws are met and approved by the city building official. (Ord. 93-
01, 1993: Ord. 18-77, 1977: prior code §27-4-2(H))
F. AMENDING SECTIONS 16.08.010 PRELIMINARY PROCEDURE, 16.12.050
PRELIMINARY PLAN APPROVAL AND 16.08.050 VACATING OR
CHANGING A SUBDIVISION PLAT
16.08.010 Preliminary procedure.
Before dividing any tract of land into pwo_ or more lots, a subdivider shall: { Deleted: three
A. Prior to or coincident with the submission of the preliminary plat, file with the
zoning administrator a completed subdivision information form or forms to be
furnished by the zoning administrator;
B. File with the zoning administrator for examination and subsequent approval or
disapproval by the planning commission, after a public hearing noticed
according to Utah State Code 10-9a-207 eight black and white prints of the
preliminary plat prepared in conformance with the provisions of this title.
Prints shall be filed at least fifteen days prior to the planning commission
meeting at which time the plat may be considered, and shall be accompanied
by a filing fee in conformance with the following schedule:
1. Subdivisions of five lots or less, twenty-five dollars,
2. Subdivisions of from six to twenty-five lots, twenty-five dollars plus two
dollars per lot,
3. More than twenty-five lots, seventy-five dollars, plus two dollars per lot
for all lots over twenty-five;
C. Within one year after receiving approval of the preliminary plat by the
planning commission, unless such time is extended by the planning
commission, submit the original and three copies of the final plat to the
planning commission for final approval or disapproval, as the case may be
D. The city administrator shall present, after the planning commission has given
approval to the plat, the original of the final plat to the city council for their
decision;
E. Following final approval by the city council, the final plat bearing all official
signatures and/or approvals as herein required shall be submitted to the office
of the county recorder for recording by the subdivider. A sepia, autopositiv;
CD Disc or other reproducible copy together with two standard prints of the
final plat shall be supplied to the zoning administrator. Failure on the part of
the subdivider to record a final plat of a subdivision within a period of ninety
days following approval by the city council shall render the plat invalid and
reconsideration by both the city planning commission and the city council will
be required before its acceptance. (Ord. 13-81 (part), 1981: prior code §22-2-
1)
16.08.050 Vacating or changing a subdivision plat.
Ordinance 2006-01 Page 7 of 11
Any proposed vacation, alteration, change or amendment to a subdivision plat must
comply with the Utah State Code noticing requirements of 10-9a-205 and the
requirements of vacation or change in platted subdivision outlined by the Utah
State Code 10-9a-608 ,(Ord. 92-04, 1992)
16.12.050 Preliminary plan approval.
Following a review of the preliminary plat by the planning commission, the
planning coordinator, the city engineer, the utility supervisor, the utility companies
and other agencies as required by the zoning administrator, the planning
commission shall,hold a public hearing before acting on the plat as submitted or
modified. If the plat is approved, the planning commission shall express its written
approval with whatever conditions are attached, by returning one copy of the
preliminary plat, signed by the zoning administrator to the subdivider. One signed
copy shall be given to the city engineer and one copy retained by the zoning
administrator; other copies to be distributed as determined by the zoning
administrator. If the preliminary plat is disapproved, the planning commission shall
indicate its disapproval in writing and give reason for such disapproval by means of
signed copies. The Planning Commission action can be appealed to the board of
adjustments within 30 days of written notice to the subdivider. The receipt of a
signed copy of the approved preliminary plat shall be authorization for the
subdivider to proceed with the preparation of the final plat. No construction of the
subdivision shall commence until final approval has been given and the plat
recorded. (Ord. 13-81 (part), 1981: prior code §22-3-2)
G. ADDING SECTION 16.08.05 OF THE MUNICIPAL CODE REGARDING THE
REQUIREMENT FOR SUBDIVISION, MUTI-UNIT RESIDENTIAL AND
INDUSTRIAL DEVELOPMENT TO OBTAIN A LETTER FROM A SEWER AND
WATER AUTHORITY WHO IS NOT THE CITY BUT WHO WILL PROVIDE
SAID SEWER AND/OR WATER SERVICES.
16.05.05 Proof of Sewer/Water Availability for non -City Authorities
Developer is required to submit a letter from a Sewer and Water Authority stating that the
Authority can and will provide water or sewer or both, to any Subdivision, Multi -
residential or Industrial Development located with the Moab City where the City is not
the provider of said services. The required letter shall be submitted prior to Preliminary
Plat approval and shall provide size, condition and capacity of water and sewer lines that
are intended to provide said services to the development.
H. AMENDING ORDINANCE SECTIONS 17.12.130 THROUGH 17.12.160
AS FOLLOWS:
17.12.130 Ordinance and map amendment --Generally.
Ordinance 2006-01 Page 8 of 11
Deleted: provisions 57-5-5.5 through
57-5-8.
{ Deleted: act
i
The land use code as well as the zonin Ig nap. maybe amended as provided in
Sections 17.12.140 through 17.12.160. (Prior code §27-4-5(part))
17.12.150 Ordinance or map amendment --Procedure.
Any person seeking an amendment of the land use code„or zoning map,shall
submit to the,planning office a written petition designating the change desired and
the reasons therefore or a map of property proposed for rezone, prepared by a land
surveyor registered in Utah. ppon receipt of the petition the applicant shall pay a__
filing fee designated by the City Council, The_planning commission shall hold a
public hearing to consider the requested zone or ordinance amendment and shall
certify its recommendations to the city council within ninety days from receipt of
the request. ,The planning commission or city council may also initiate
amendments to this title. (Ord. 96-15, 1996: Ord. 95-11, 1995: prior code §27-4-
503))
17.12.160 Ordinance or map amendment --Public hearing.
Amendments to this landuse code or to the official zoning ma&may be adopted
by the city council only after a public hearing before the planning commission,at
which time parties in interest and citizens shall have an opportunity to be heard.
lime and place of such hearing shall be noticed according to Utah State Code 10-
9a-205 through 10-9a-209,(Prior code §27-4-5(C))
I. AN ORDINANCE ADDING SECTION 17.09.035, DWELLING UNIT TO
FRONT ON PUBLIC STREET.
Except as otherwise provided for in this title, at least one side of each lot used as a
dwelling site shall abut upon a street which has been designated or dedicated to
the public for street purposes and the length of such abutting side measured at the
setback line shall be at least as great as the width required for dwelling sites in the
zone in which such building site is located. (Prior code 17.09.580 §27-3-28(E))
ADDING SECTION 17.09.690 OF THE MUNICIPAL CODE REGARDING
DEVELOPMENT DESIGN STANDARDS FOR ALL PRIMARY RESIDENTIAL
DWELLINGS.
All residential single family dwelling units in all Zones where residential dwelling,
units are allowed shall: Have a at minimum a 24 ft horizontal wall and a 14 ft
horizontal wall bisected by an angle on at least two (2) non -opposite sides: i.e.
other than directly opposite sides of the structure: and, the dwelling unit shall
have 700 sq ft. of interior floor space.
Ordinance 2006-01 Page 9 of 11
Deleted: This
tDeleted: ordinance, including the map
- � Deleted: this
{ Deleted: zoning ordinance
Deleted: for the purposes of voluntarily
petitioning for annexation into the city
1 Deleted: city manager
{ Deleted: , and u
Deleted: of four hundred dollars to the
city, except lots under five acres shall pay
a filing fee of one hundred dollars
.}
' Deleted: respect to the request within
thirty days
Deleted: Failure on the part of the
planning commission to certify its
recommendation to the city council with
respect to the request shall be deemed to
constitute approval unless a longer period
is granted by the city council. The fee
required herein shall not be returned to
the applicant.
Deleted: title
Deleted: and in relation thereto before
the city council
. r
l Deleted: A notice of
.( Deleted: t
Deleted: published in a newspaper of
general circulation within the area in
which newspapers are published or where
no newspaper is published then by
posting said notice in three public places
within the city. Such notice shall be
published at least fifteen days before the
date of the hearing, as required by law.
Formatted: Indent: Left: 0.5"
J. AMENDING SECTION 2.52.010 OF THE MOAB CITY CODE ALLOWING FOR
THE CITY COUNCIL TO APPOINT UP TO TWO (2) ALTERNATES TO THE
PLANNING COMMISSION.
The Planning Commission shall consist of five regular members and two
alternates. Alternates shall be invited to participate and vote whenever a
regular member is unable to attend or to vote.
K AN ORDINANCE AMENDING SECTION 2.52.020 TO SAY THAT PLANNING
COMMISSION MEMBERS SHALL SERVE FOR COMPENSATION TO BE
DETERMINED BY THE CITY COUNCIL
The members of the planning commission shall be appointed by the mayor
with the consent of the city council from among the qualified electors of the
city. Such members shall be selected without respect to political affiliations,
andTmay serve witkcompensation to be determined by the city council
L. AMENDING SECTION 17.09.660 C AND ADDING SECTION 17.09.660
E OF THE MOAB MUNICIPAL CODE DESIGNATING THE
PLANNING COMMISSION AS THE FINAL LAND USE AUTHORITY
AND THE BOARD OF ADJUSTMENTS AS THE APPEAL
AUTHORITY
17.09.660 Site plan --Required.
C. The site plan shall be j-eviewed by the building official, zoning administrastor,
city planner, public and private utilities, fire department and public works
director before the Planning Commission hears and decides on the issuance of
a building permit.
D. Each project must be completed according to the approved site plan. (Ord. 95-
15, 1995; Ord. 92-19, 1992)
E. Planning Commission decision can be appealed by affected parties within 10
days of the action to the board of adjustments.
f Deleted: shall
fDeleted: out
Deleted: signed
M. REPEALING SECTION 17.66.130 PLANNED UNIT DEVELOPMENTS - - { Formatted: Indent: Left: 0"
PLANNING COMMISSION CERTIFICATION TO COUNCIL AND AMENDING
SECTION 17.66.140
17.66.140 Public hearing.
The Planning Commission. shall after receiving all of the information and
documentation required by this Section, hold a public hearing after proper legal
notice,, (Ord. 99-06 (part), 1999: prior code §27-23-7)
Ordinance 2006-01 Page 10 of 11
Deleted: After receiving notice of the
planning commission's approval of the
plans, the city council shall hold a public
hearing
N. AMENDING SECTIONS 17.70.050 B AND C, BED AND BREAKFAST
FACILITIES, AND ADDING SECTION 17.70.065 ESTABLISHING THE
BOARD OF ADJUSTMENTS AS THE APPEAL AUTHORITY TO
PLANNING COMMISSION DECISIONS
17.70.070 Preconditions for conditional use permit.
B. A letter of application sworn before a notary public shall be provided by the
owner(s) stating that such owner will occupy the facility, as provided for
herein. The letter shall be recorded by the city recorder with a certified copy
to accompany the application. The letter shall also be submitted to the
planning commission for its,consideration. { Deleted: recommendation
C. The conditional use permit for a bed and breakfast facility shall be granted
annually from the date of the original permit. At the end of the one-year
period, renewal shall be granted by the planning commission if all other
conditions required at the time of approval remain unchanged.
17.70.065 Approval or disapproval of a Bed & Breakfast application by the
Planning Commission can be appealed to the Board of Adjustments within 10
days Planning Commission action
PASSED, ADOPTED AND APPROVED by the Governing Body of the City of Moab in
open session this 15t day of February, 2006. This ordinance shall take effect
immediateiy upon passage.
EST:
Rachel Ellison Dave Sakrison
Moab City Recorder
Mayor of Moab City
Ordinance 2006-01 Page 11 of 11
{ Deleted: city council
CITY OF MOAB
PUBLIC HEARING
ORDINANCE
#2006-01
The City of Moab will
hold a Public Hearing
on Tuesday, January
24, 2006 at approxi-
mately 7:30 p.m. in the
Council Chambers of
the Moab City Offices
at 217 East Center
Street, Moab, Utah.
The purpose of this
hearing is to solicit
public input Ordinance
#2006-01 — An Ordi-
nance Amending Vari-
ous Sections of Chap-
ters 1, 2, 16 and 17 of
the Moab Municipal
Code Relating to Land
Use as required by the
State of Utah's 2005
Land Use and Devel-
opment Act 10-9a-101
through 10-9a-803.
Copies of the proposed
ordinance are avail-
able at the Moab City
Recorder's office and
online at www.moabc-
ity.org.
In compliance with
the Americans with Dis-
abilities Act, individuals
needing special ac-
commodations during
this meeting should
notify the Recorder's
Office at 217 East Cen-
ter Street, Moab, Utah
84532; or phone (435)
259-5121 at least three
(3) working days prior
to the meeting.
/s/ Rachel Ellison
City Recorder
Published in the
Times Independent,
Moab, Utah January 12
and 19, 2006.
Proof of Publication
STATE OF UTAH,
County of Grand,
ss.
1
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
Ord, 2006-01 Hearing
hereto attached, and which is made a part of this Affida-
vit of Publication, was published in said newspaper for
a period of 2 consecutive issues, the first publication
date having been made Jan. 12, 2006
;and the last on Jan. 19, 2006
;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
NOTARY MUBLic
SANE WANNER
M$1 Emey ShMI
Moab, Utah 94532
My COnM ISMON
MU"
CITY OF MOAB
PLANNING
COMMISSION
PUBLIC HEARING
LAND USE
ORDINANCES
The City of Moab
Planning Commis-
sion will hold a Public
Hearing on Thursday,
November 17, 2005
at approximately 6:00
p.m. in the Council
Chambers of the Moab
City Offices at 217 East
Center Street, Moab,
Utah.
The purpose of this
hearing is to solicit pub-
lic input on the following
land use ordinances:
ORDINANCE 2006-01
AN ORDINANCE
AMENDING SECTION
17.06.015 OF THE
MOAB MUNICIPAL
CODE REGARDING
DESIGNATION OF FI-
NALAUTHORITY FOR
APPROVAL OF MU-
NICIPAL LAND USE
CODE PROCESSES
AND THE DESIGNA-
TION OF APPEAL
THE PLANNING C(
MISSION IS DEStu
NATED AS THE FI-
NALAUTHORITY FOR
GRANTING CONDI-
TIONAL USE PER-
MITS. APPEALS ARE
TO BE MADE TO THE
BOARD OF ADJUST-
MENTS.
ORDINANCE 2006-05
AN ORDINANCE
AMENDING SEC-
TIONS 17.12.020
THROUGH 17.12.090
OF THE MOAB MU-
NICIPAL CODE AS
FOLLOWS:
(1). DELETING THE
WORDS "SPECIAL
EXEMPTIONS" AND
BY REPLACING THE
WORD "NONCON-
FORMING" WITH
"NONCOMPLYING"
WHENEVER THE OR-
DINANCE REFERS
TO STRUCTURES OR
BUILDINGS.
ORDINANCE 2006-06
AN ORDINANCE
AMENDING THE
MOAB MUNICIPAL
CODE SECTIONS
16.08.010, PRELIMI-
NARY PLAT PRO-
CEDURE, 16.12.050
PRELIMINARY PLAN
APPROVAL AND
16.08.050 VACATING
OR CHANGING OF A
SUBDIVISION PLAT
REQUIRING THE
PLANNING COM-
MISSION TO HOLD
PUBLIC HEARINGS
ON PRELIMINARY
PLAT APPROVAL
AND TO REQUIRE
THAT NOTICING AND
CHANGE OF SUBDI-
VISION PLATS MUST
CONFORM TO STATE
LAND USE CODEAND
TO NOTICING RE-
QUIREMENTS.
ORDINANCE 2006-07
AN ORDINANCE
AMENDING SECTION
16.08.05.F OF THE
MUNICIPAL CODE
REGARDING THE
REQUIREMENT FOR
SUBDIVISION, MULTI-
UNIT RESIDENTIAL
AND INDUSTRIAL DE-
VELOPMENT TO OB-
TAIN A LETTER FROM
ASEWER AND WATER
AUTHORITY THAT IS
NOT THE CITY WHO
WILL PROVIDE SAID
SEWER AND/OR WA-
TER SERVICES.
ORDINANCE 2006-08
AN ORDINANCE
AMENDING THE
MUNICIPAL CODE
DESIGNATING THE
PLANNING COMMIS-
SION AS THE FINAL
LAND USE AUTHOR-
ITY AND THE BOARD
OF ADJUSTMENT
AS THE APPEAL AU-
THORITY.
ORDINANCE 2006-13
AN ORDINANCE
AMENDING SECTION
17.66.140, PLANNED
UNIT DEVELOP-
MENTS, OF THE
MOAB MUNICIPAL
CODE DESIGNATING
THE PLANNING COM-
MISSION TO HOLD A
PUBLIC HEARING AF-
TER PROPER NOTIC-
ING ON PRELIMINARY
PLAT APPROVAL.
ORDINANCE 2006-14
AN ORDINANCE
AMENDING THE
MOAB MUNICPAL
CODE, SECTION
17.69.060, SECOND-
ARY DWELLING,
ESTABLISHING THE
BOARD OF ADJUST-
MENT AS THE AP-
PEALAUTHORITY TO
PLANNING COMMIS-
SION DECISIONS.
ORDINANCE 2006-15
AN ORDINANCE
AMENDING SECTION
17.70.050, BED AND
BREAKFAST FACILI-
TIES, ESTABLISHING
THE BOARD OF AD-
JUSTMENT AS THE
APPEAL AUTHOR-
ITY TO PLANNING
COMMISSION DECI-
SIONS.
Complete copies of
these ordinance are
available for public re-
view at the Moab City
Planning Office locat-
ed at 217 East Center
Street.
In compliance with
the Americans with Dis-
abilities Act, individuals
needing special ac-
commodations during
this meeting should
notify the Recorder's
Office at 217 East Cen-
ter Street, Moab, Utah
84532; or phone (435)
259-5121 at least three
(3) working days prior
to the meeting.
/s/ Rachel Ellison
City Recorder
Published in The
Times -Independent,
Moab, Utah November
3 and 10, 2005.
NOTARY PUBLIC
SUSAN LARSEN
300 S Main
Moab, Utah 84532
My Commission Expires
June 30, 2008
STATE OF UTAH
Proof of Publication
STATE OF UTAH,
County of Grand,
1
1
1
SS.
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
Land Use Hearing
hereto attached, and which is made a part of this Affida-
vit of Publication, was published in said newspaper for
a period of 2 consecutive issues, the first publication
date having been made Nov. 3, 2005
;and the last on Nov. 10, 2005
;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.
t./
Co -Publisher
Subscribed and sworn before me this Al 2-5;
a/k\—
Notary Public
Residing at Moab, Utah
My Commission Expires
3t, 303