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Home My Public Portal AboutORD-CC-2007-03ORDINANCE # 2007-03 AN ORDINANCE ESTABLISHING A SIX-MONTH TEMPORARY ZONING REGULATION PROHIBITING THE ERECTION, CONSTRUCTION OR RECONSTRUCTION OF ANY LARGE SCALE RETAIL ESTABLISHMENT OVER 40,000 SQUARE FEET IN ALL ZONES WHEREAS, the City has performed an initial analysis of the potential for receiving development proposals for large, general and special merchandise stores, sometimes known as superstores and hereinafter known as large scale retail establishments; and WHEREAS, it is possible that the City will receive a development proposal for a large scale retail establishment within the next six months; and WHEREAS, the City has determined that many of its existing land use and zoning regulations were adopted when large scale retail establishments were not a normal land use activity; and WHEREAS, the City's current land use and zoning regulations may be inadequate to deal with land use concerns caused by the bulk, size and scale of such large retail establishments, especially with regard to transportation, lighting, signage, architectural style, as well as offsite impacts; and WHEREAS, the development of large scale retail establishments, in the absence of appropriate regulatory guidelines and planning processes, may have irreversible negative impacts upon the City and its inhabitants; and WHEREAS, further analysis is needed in order to develop the appropriate land use and zoning regulations and mitigation measures for such land uses; and WHEREAS, the City requires up to six months to engage in the research and planning process to develop the aforementioned land use and zoning regulations and mitigation measures. NOW, THEREFORE, WE the governing body of the City of Moab do hereby ordain as follows: 1. The erection, construction or reconstruction of any large scale retail establishment over 40,000 square feet is hereby prohibited in all zones within Moab City limits during the effective period of this ordinance. 2. No development applications shall be accepted and no building permits shall be issued for any retail establishment over 40,000 square feet for any zone within Moab City limits during the effective period of this ordinance. Ordinance #2007-03 Page 1 of 2 3. The City of Moab Zoning Administrator shall be authorized to enforce this ordinance. 4. This ordinance shall take effect immediately upon passage and shall expire no later than six months following the effective date of this ordinance, unless rescinded upon action of the governing body. PASSED AND APPROVED THIS 9th DAY OF January, 2007. Attest: Rachel Ellison, City Recorder David L. Sakrison, Mayor i Ordinance #2007-03 Page 2 of 2 # 2007-03 AN ORDINANCE ESTABLISHING A SIX-MONTH TEMPO- RARY ZONING REG- ULATION PROHIBIT- ING THE ERECTION, CONSTRUCTION OR RECONSTRUCTION OF ANY LARGE SCALE RETAIL ES- TABLISHMENT OVER 40,000 SQUARE FEET IN ALL ZONES WHEREAS, the City has performed an initial analysis of the potential for receiving development propos- als for large, general and special merchan- dise stores, sometimes known as superstores and hereinafter known as large scale retail establishments; and WHEREAS, it is possible that the City will receive a devel- opment proposal for a large scale retail es- tablishment within the next six months; and WHEREAS, the City has determined that many of its exist- ing land use and zon- ing regulations were adopted when large scale retail establish- ments were not a nor- mal land use activity; and WHEREAS, the City's current land use and zoning regulations may be inadequate to deal with land use con- cerns caused by the bulk, size and scale of such large retail estab- lishments, especially with regard to trans- portation, lighting, signage, architectural style, as well as offsite impacts; and WHEREAS, the development of large scale retail establish- ments, in the absence of appropriate regula- tory guidelines and planning processes, may have irreversible negative impacts upon the City and its inhabit- ants; and WHEREAS, fur- ther analysis is needed in order to develop the appropriate land use and zoning regulations and mitigation mea- sures for such land uses; and WHEREAS, the City requires up to six months to engage in the research and plan- ning process to devel- op the aforementioned land use and zoning regulations and mitiga- tion measures. NOW, THERE- FORE, WE the gov- erning body of the City of Moab do hereby or- dain as follows: Proof of Publication STATE OF UTAH, ) County of Grand, SS. Samuel J. Taylor, Adrien F. Taylor, or Zane W. Tay- lor, being first duly sworn according to law, deposes and says: That he/she is the co-pubisher of The Times -Inde- pendent, a weekly newspaper of general circulation, pub- lished every Thursday at Moab, Grand County, State of Utah; that the notice Ordinance #2007-03 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 Jan . 25, 2007 ; 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 newspa- per proper and not in a supplement thereof. Co -Publisher Subscribed and sworn before me this Notary Public Residing in Moab, Utah My Commission Expires NOTARY PUBLIC SAME WARNER 4481 Easy Street Moab, Utah 84532 My Commission Expires November 18, 2009 STATE OF UTA I!