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HomeMy Public PortalAboutORD-CC-2007-09City of Moab ORDINANCE 2007- 09 An ordinance clarifying that current Moab Municipal Code does not allow short term rentals in the A-2, C-1, C-5, FC-1, 1-1, 0-1, R&D-1, R-1, R-2, R-3, R-4, and RA-1 and other Zones where short term rentals are not a permitted use, except for Bed and Breakfast Facilities and Guest Apartments that comply with the provisions of section 17.70 and 17.71. WHEREAS, the City of Moab wishes to protect and preserve the Objectives and Characteristics of existing zone designations as delineated in Chapters 17.18 through 17.54; and WHEREAS, the City of Moab wishes to clarify that current Moab Municipal Code does not allow short term rentals except in zones that specifically allow that use, or except for Bed and Breakfast Facilities and Guest Apartments that comply with sections 17.70 and 17.71 of the Moab Municipal Code; THEREFORE, the Moab Municipal Code is amended by the adoption of the following: 17.09.700 Residential Short Term Rentals Prohibited. Except for Bed and Breakfast Facilities and Guest Apartments that comply with sections 17.70 and 17.71 of the Moab Municipal Code, the short term rental of dwellings is prohibited in the following zones: A-2, C-1, C-5, FC-1, 1-1, 0-1, R&D-1, R-1, R-2, R-3, R-4, RA-1, and all other zones where short-term rentals are not listed as a permitted use. For the purposes of this section "Short Term Rental" shall be defined as: 1. The use, occupancy, rent or lease, for direct or indirect remuneration, of a structure or any portion thereof constructed for single family or multifamily occupancy or of any other residential property for an effective term of thirty (30) consecutive calendar days or less. 2. The commercial use, by any person, of residential property for hostel, hotel, inn, lodging, motel, resort or other transient lodging uses where the term of occupancy, possession or tenancy of the property by the person entitled to such occupancy, possession or tenancy for a term of thirty (30) consecutive days or less. For the purposes of this section remuneration means compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of real property. Ordinance #2007-09 Page 1 of 2 Passed and adopted by the City of Moab in open session on the 10th day of July, 2007. This ordinance shall take effect immediately upon passage. (11 i 02,d Mayor David Sakrison Attest: Ket,t_Oj Rachel Ellison, City Recorder Date —1 - c o —o 7 Date Ordinance #2007-09 Page 2 of 2 CITY OF MOAB PLANNING COMMISSION PUBLIC HEARING PROPOSED ORDINANCE 2007-09 The City of Moab Planning Commission will hold a Public Hear- ing on Thursday, May 24, 2007 at approxi- mately 6:00 p.m. in the Council Chambers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this Public Hearing is to solicit public input on Ordinance 2007-09 amending Moab City Code to clarify that short-term rentals are prohibited in specific zones. The proposed or- dinance is available for public review at the Moab City Planning Office located at 217 East Center Street and on the website at www. moabcity.org. In compliance with the Americans with Disabilities Act, individuals needing special accommoda- tions during this meet- ing should notify the Planning Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5129 at least three (3) work- ing days prior to the meeting. /s/ Sommar Johnson Zoning Administrator Published in the Times -Independent, Moab, Utah May 10 and May 17, 2007. Proof of Publication STATE OF UTAH, ss. County of Grand, Zane W. Taylor, being first duly sworn accord- ing to law, deposes and says: That he is the pubisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice City of Moab Public Hearing Ordinance 2007-09 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 May 10, 2007 ; and the last on May 17, 2007 ; 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. Pxfblisher Subscribed and sworn before me this Notary Public Residing in Moab, Utah My Commission Expires NOTARY PURI.I( SADIE WARNER 4481 Easy Street Moab, Utah 04532 14.Commioion Expires November 18. 2009 STATE OF (MA if CITY OF MOAB ORDINANCE #2007-09 AN ORDINANCE CLARIFYING THAT CURRENT MOAB MUNICIPAL CODE DOES NOT ALLOW SHORT TERM RENT- ALS IN THE A 2, C-1, C-5, FC-1, 1-1, 0-1, R&D-1, R-1, R-2, R-3, R-4, AND RA-1 AND OTHER ZONES WHERE SHORT TERM RENTALS ARE NOT PERMIT- TED USE, EXCEPT FOR BED AND BREAKFAST FACIIJ- TIES AND GUEST APARTMENTS THAT COMPLY WITH THE PROVISIONS OF SECTION 17.70 AND 17.71. Ordinance #2007- 09 was adopted at a Regular City Council Meeting held on July 10, 2007 at the Moab City Council Cham- bers, 217 East Center Street. Moab, Utah 84532, Complete copies of Ordinance #2007-09 are avail- able online at: www. moabcity.org or at the City of Moab Record- er's Office at 217 East Center Street. Moab, Utah 84532 /s/ Rachel Ellison, City Recorder Published in The Times -Independent, Moab, Utah July 19, 2007. Proof of Publication STATE OF UTAH, SS. County of Grand, Zane W. Taylor, being first duly sworn accord- ing to law, deposes and says: That he is the pubisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice City of Moab Ordinance #2007-09 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 July 19, 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. Publisher Subscribed and sworn before me this Notary Public Residing in Moab, Utah My Commission Expires NOTARY PUB C SADIE WARNER 4481 Easy Straet Moab. Utah 84532 My,Commission Expires Novambar 18, 2009 STATE OF UTAN