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HomeMy Public PortalAboutORD-CC-1995-01ORDINANCE # 95-1 AN ORDINANCE AMENDING CHAPTER 17. 70 OF THE MOAB MUNICIPAL CODE - BED AND BREAKFAST FACILITIES. WHEREAS, the legislative body of Moab, Utah (the "City") has determined that bed and breakfast facilities provide a valued economic, cultural and social benefit to the City and its inhabitants. WHEREAS, it has been agreed that bed and breakfast facilities can have an influence of the residential character of the adjacent neighborhood. WHEREAS, it has been agreed that sections of the Moab Municipal Code require additional provisions to ensure that the residential character of adjacent neighborhood is maintained. WHEREAS, the City Council further finds and determines that it is necessary for the immediate preservation of the health and safety of the City and its inhabitants thereof that this ordinance take effect immediately upon its publication as provided herein. Chapter 17. 70 BED AND BREAKFAST FACILITIES Sections: 17. 70.010 Bed and Breakfast defined. 17. 70.020 Roominghouse defined. 17. 70.030 Principal Residence defined. 17. 70.040 Occupation defined. 17. 70.050 Preconditions for conditional use permit. 17. 70.060 Requirements for conditional use permit. 17.70.070 Enforcement. 17. 70.010 Bed and breakfast defined. 'Bed and breakfast" means a residence containing not more than six bedrooms and one 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 boardinghouses; and roominghouses also fall under the bed and breakfast ordinance. (Ord. 90-06 (part), 1990) 17. 70. 020 Roominghouse defined. "Roominghouse" means accommodations are provided for compensation on a daily or weekly basis. (Ord. 90-06 (part), 1990 17.70.030 Principal Residence defined. "Principal Residence" means a home, abode or place where an individual is actually living at any given point in time. 17. 70.040 Occupation defined. "Occupation" or "occupy" means to take possession and control of a residence; to make one's home, abode or dwelling. 17. 70.050 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 outlined standards and procedures and where there is clearly minimal negative impact 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 this chapter. 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 will occupy the said facility, except for bona fide temporary absences. Said letter shall be recorded by the city recorder with a certified copy to accompany the application. Said letter shall also be submitted to the planning commission for its recommendation. C. The conditional use permit for bed and breakfast facilities shall be granted annually from the date of the original permit. At the end of the one-year period, renewal shall be granted by city council if all other conditions required at the time of approval remain unchanged. D. A change in ownership will require a new conditional use permit. E. Applicant must provide plot plans and building or floor plans one quarter inch (1 /4": 1') to the foot showing the bed and breakfast facility, parking and landscaping. Applicant must show that the facility meets minimum performance standards for off-street parking and landscaping as specified in Section 17. 70.060 B of this Ordinance. Plans shall be approved by the building inspector, zoning administrator, fire chief and health department. (Ord. 90-06 (part),1990) F. Applicant must complete the bed and breakfast home occupation form in order to complete the conditional use permit application process. The home occupation form must contain specific information from eight (8) adjacent property owners in regard to the proposed bed and breakfast and whether those eight (8) property owners agree or disagree with the proposed bed and breakfast home occupancy use. 17. 70. 060 Requirements for conditional use permit. A. The bed and breakfast facility shall not duly increase local traffic in the immediate neighborhood. Road design and access 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. e B. The parcel shall also be of sufficient size to be in scale with the number of people using the facility.All bed and breakfast rentals must provide adequate parking (required one (1) off-street parking space per rental bedroom) in addition to needed parking for owners of the facility, have a maximum thirty (30) day stay, and meals shall be served to guests only. (Bed and breakfast: zoning R2, R3, R4) C. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (5:1 or no dwelling unit in excess of 20 percent of the total parcel size area). D. `No bed and breakfast facility shall allow more than two (2) adults in any rental room unless said bedroom square footage is larger than three hundred (300) square feet and does not use a public corridor or passageway between suite bedroom areas. E. Signs are limited to one non -flashing sign not larger in area than two hundred twenty-six (226) square inches. If lighted, the light shall be defused or shielded. F. All bed and breakfast facilities shall pay water and sewer rates according to the rate formulas contained in Chaper 13.24.010 and 020. G. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city gross business license fee. H. 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 (Ord. 90-06 (part),1990) 17. 70.070 Enforcement. All violations of this chapter are classified as Class B Misdemeanors, punishable by a fine not to exceed one thousand $1, ( 000.00) dollars or by imprisonment in the county jail for a period not exceed six (6) months, or by both such fine and imprisonment. Each day of violation or noncompliance shall constitute a separate offense and may be prosecuted accordingly. The city council may also revoke or suspend violator's license(s) for noncompliance of conditional use. (Ord. 90-06 (part),1990) This Ordinance shall take effect immediately upon passage. DONE IN OPEN COUNCIL this 28 day of February, A. D.,1995. ATTEST: John est Re rder Moab City Thomas A. Stocks Mayor of Moab City