HomeMy Public PortalAboutORD-CC-2008-05ORDINANCE 2008-05
AN ORDINANCE TO AMEND TITLE 17.00, ZONING, SPECIFICALLY CHAPTER 17.09.530,
CONDITIONAL USES, BY PROVIDING LANGUAGE THAT CONTAINS REVIEW CRITERIA
AND OUTLINING A PROCESS FOR REVIEW OF APPLICATIONS
WHEREAS, the City of Moab adopted Chapter 17, Zoning, of the Moab Municipal Code in an
effort to promote the health, safety, morals, convenience, order, prosperity, and general welfare
of the present and future inhabitants of the city by guiding development within the city in
accordance with the General Plan; and,
WHEREAS, the City of Moab recognizes the importance of "Cottage industries" within the
framework of the overall economy of the residents of Moab and that occupations carried on
within a residential use are important as additional incomes or may provide primary incomes for
Moab residents; and,
WHEREAS, when Council originally passed the Zoning Ordinance, there were few uses that
impacted local neighborhoods but, with the passage of time, new uses that require a clear set of
criteria for review in order to mitigate impacts upon nearby and adjacent properties have been
established in neighborhoods; and,
WHEREAS, Council desires that a clear application review process and criteria for evaluation
be adopted so that a uniform means of assessment can be equitably applied to specific
proposed uses; and,
NOW, THEREFORE, the City Council hereby declares Chapters 17.09.530, 17.09.590,
17.09.600, and 17.09.610 repealed,
AND, FURTHER THAT, the Council amends Title 17 of the Moab Municipal Code, with the
addition of the following language:
17.09.530 Conditional Use Permits
(a) General. "Conditional use" means a land use that, because of its unique characteristics
or potential impact on the city, surrounding neighbors, or adjacent land uses, may not be
compatible in some areas or may be compatible only if certain conditions are required that
mitigate or eliminate detrimental impacts. If the reasonably anticipated detrimental effects of a
proposed conditional use cannot be substantially mitigated by the proposal or the imposition of
reasonable conditions to achieve compliance with applicable standards, the conditional use may
be denied. Conditional Use Permits may be approved for the uses indicated in the use
regulations of the zoning district of the property for which the Conditional Use Permit is
requested.
(b) Conditional use matrix. The following table is a list of conditional uses in the
appropriate zones. The general specific conditions for approval for the review
requirements are listed in subsection (h) of this chapter and additional review criteria
are listed in Chapter 17.09.531 Conditions for approval of specific conditional uses
below.
CONDITIONAL USES
R-
1
R-
2
R-
3
R-
4
RA-
1
A-
2
C-
1
C-
2
C-
3
C-
4
SAR
MH/RV
01
Residential uses
Dwellings
C
Historic Residential Uses
C
Twin homes
C
C
C
C
C
Public services
Public Utility Facilities C
Agricultural uses
Premises agricultural occupations (specifically
retail with feed, seed, fertilizer, equipment and similar
items)
C
C
Transportation -related uses
Trucking Company/Terminal C C
Recreational and Entertainment Uses
Park
C
Playground
C
RV area within a mobile home park
C
Miscellaneous
Small Lots
C
CC
CC
C
C
CC
C
C
C
C
Moved buildings
C
CC
CC
CCCCCC
C
C
Utility provider structures and buildings
CCC
CC
CCCCCC
C
C
Transition Uses
C
C
C
CC
CCCCCC
C
C
(c) Pre -application conference. Prior to the fi ing of a Conditional Use Permit application,
the Applicant shall meet with the Planning Department to become acquainted with the
requirements of the City. At such meeting, the application contents, referral agencies, review
procedures, use and area standards, and the general character of the development may be
discussed. At the pre -application conference, the Applicant may be represented by a land
planner, engineer, architect or surveyor.
(d) Submittal requirements and applicant responsibilities. At least thirty (30) days prior
to the review meeting the Applicant shall file a complete application that shall include a title
certificate from a licensed title company or attorney listing the name of the property owner(s)
and all liens, easements and judgments of record affecting the subject property. The
application provided by the Planning Department shall also be accompanied by or show the
following information:
(1) The street address and legal description of the property affected; and
(2) Any and all plans, information, operating data and expert evaluation necessary to
clearly explain the location, function and characteristics of any building or use proposed;
(3) A filing fee to cover the cost of review in accordance with the fee schedule
adopted by resolution of the City Council.
(4) Each applicant shall provide proof of delivery of written notice to all property
owners adjacent to the property where the business is to be located. Adjacent properties
shall be defined as all properties whose external boundaries are located within one
hundred feet of the external boundary of the lot on which the business is to be located.
(5) If the applicant is not the owner of the building or lot on which the request for a
home occupation is located, a signed notarized letter from the owner agreeing to the
proposed home occupation is required.
Ordinance #2008-05 Page 2 of 8
(e) Enforcement The Zoning Administrator shall be authorized to enter and periodically
inspect all permitted premises for compliance with this section, applicable conditions, and
applicable building, fire and health codes.
(f)
(1) Prior to instituting any enforcement action for violations of this code, the Zoning
Administrator shall deliver written notice of the violation to the permit holder. The permit
holder shall have a period of not less than thirty days in which to abate or correct the
violation, which period may be extended by the Planning Commission upon a showing of
good cause.
(2) Any violation not corrected within the abatement period may, at the option of the
City, be subject to administrative, civil, and criminal enforcement. The City may
commence a civil action to enjoin or abate any violation of this section. In any civil
enforcement action, the City shall be entitled to obtain injunctive relief upon a showing of
violation(s) of this section or the applicable conditions of approval. The court may also
assess civil penalties of a sum not to exceed one thousand dollars per violation. The City
shall be entitled to recover its reasonable attorney fees and court costs in any action in
which a violation of this section is established.
(3) Alternatively, violations of this section are punishable as a Class B misdemeanor,
as defined by Utah statute.
(4) In addition to all other remedies, any permit holder that refuses or fails to abate
any violation of the license or this section may be subject to a conditional use permit
revocation, as provided by Chapter 5.04 of the City Code.
(5) Persons operating a conditional use subject to this section without the required
permission of the City of Moab, or is in violation of Chapter 5.04, are subject to all
remedies and penalties specified in this section.
(6) Any approval granted, in whole or in part, as a result of false, inaccurate or
misleading information supplied by the applicant or its agent shall confer no vested right
upon the applicant, and may be subject to revocation following delivery [of] written notice
to the applicant explaining the basis for the action. Any aggrieved party may appeal such
revocation to the Planning Commission by delivering notice of appeal within fifteen (15)
days of the notice of revocation. Appeal of any decision made by the Planning
Commission may be made to the Board of Adjustments as per Section 17.72 of this
Code.
Planning Commission Review Criteria and Processing. In reviewing a conditional
use, the Planning Commission shall utilize the criteria listed in Sec. (h), below.
(1) Public hearing required. The Planning Commission shall hold a public hearing
on an application for a Conditional Use Permit prior to making its recommendation to the
City Council.
(2) Notification requirements.
a. Planning staff shall cause notice of the public hearing of the Planning
Commission to be given by publication in a newspaper of general circulation in the City
of Moab. Such notice shall state the time and place of such hearing and the nature of
Ordinance #2008-05 Page 3 of 8
the subject to be considered and the hearing date shall be at least fifteen (15) days from
the date of publication.
b. Planning staff shall cause written notice of public hearing to be mailed to
all owners of real property lying within three hundred (300) feet of the property on which
the change is requested. The notice shall be mailed not less than fifteen (15) days
before the date set for hearing by depositing in the mail such notice properly addressed
and postage paid to each such owner as the ownership appears on the last approved
County tax roll.
(g) City Council Processing and Review Criteria. In reviewing a conditional use
application, the City Council shall utilize the process and criteria listed below.
(1) Public hearing required. The City Council shall hold a public hearing on any
application for a Conditional Use Permit prior to taking any final action on the application.
(2) Notification requirements.
a. The City Recorder shall cause notice of the public hearing of the City
Council to be given by publication in a newspaper of general circulation in the City of
Moab without the necessity of notifying property owners by mail. Such published notice
shall state the time and place of such hearing and the nature of the subject to be
considered and the hearing date shall be at least fifteen (15) days from the date of
publication.
(h) Conditions of approval. Both the Planning Commission and the City Council shall
use the following criteria in reviewing conditional use permit requests. It is specifically
understood that certain criteria listed below may not apply to a particular application and that
failure to meet one or more of the applicable criteria may be cause for denial. The applicant
shall adequately demonstrate that the criteria have been met:
(1) The proposed conditional use and accessory uses are compatible with adjacent
existing uses and other allowed uses in the zoning district. Such compatibility shall be
expressed in terms of appearance, architectural scale and features, site design and
scope, landscaping, as well as the control of adverse impacts including noise, vibration,
smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking
issues, or other undesirable or hazardous conditions.
(2) The proposed conditional use has incorporated design features sufficient to
protect adjacent uses including but not limited to: service areas, pedestrian and
vehicular circulation, safety provisions, access ways to and from the site, buffering,
fencing, and site building placement.
(3) The proposed use is not detrimental to the public, health, safety and welfare
through effective management or prohibition of outdoor storage, a required sewer
connection, and proper disposal of waste.
(4) Adequate public services such as streets, off-street parking, pedestrian facilities,
water, sewer, gas, electricity, police, fire, and EMS protection must be available without
the reduction of services to other existing uses.
Ordinance #2008-05 Page 4 of 8
(5) Provisions for proper maintenance of the building, parking and loading areas,
drives, lighting, signs, landscaping, etc. shall be provided.
(6) The proposed conditional use shall conform to all regulations of this Code
concerning adopted plans, hours of operation, polices and requirements for parking and
loading, signs, highway access, and all other applicable regulations.
(7) The use is consistent with the City of Moab General Plan as amended.
(8) The applicant must demonstrate that site impacts within the property as well as
adjoining properties have been fully mitigated appropriate to the topography of the site.
The review of impacts include, at a minimum, slope retention, flood potential, and
possible damage to riparian or hillside areas.
9) After considering the public comment relating the criteria listed above in relation
to the requested Conditional Use Permit, the Planning Commission shall adopt a
resolution stating their findings of the applicant's demonstrated ability to meet the criteria
for a Conditional Use Permit. Approval or denial of the application by the City Council
shall be memorialized in the minutes of the meeting. A determination that the applicant
has not met one or more of the applicable criteria shall be sufficient to deny the request.
The Planning Commission and the City Council, respectively, may establish additional
conditions of operation, location, arrangement and construction in the issuance of a
Conditional Use Permit if deemed to be in the public interest or to assure compliance
with other aspects of the Moab Municipal Code.
(i) Records. A file containing all documents relevant to the application and disposition of
such Conditional Use Permits shall be maintained by the Moab Planning Department.
(j) Maximum density. The maximum density allowed by a Conditional Use Permit shall be
no greater than that permitted in the underlying zone district.
(k) Specific Performance. Action authorized by approval of a Conditional Use Permit must
commence within one (1) year of the time the permit is issued. If the permit holder has not
commenced action under the permit within this time, the permit shall expire and the holder must
apply for a new permit. The Planning Commission may grant a one-time six (6) month extension
for good cause shown. In order to obtain an extension, the permit holder must apply for the
extension in writing before the expiration of the original permit. The application must be
submitted to the Zoning Administrator with a description of the cause for requesting the
extension.
(1)
Permit revocation.
1. The City Council may revoke the Conditional Use Permit of any person upon a
finding that the holder of the permit has failed to comply with any of the conditions
imposed at the time the permit was issued. The City Recorder shall cause notice of the
revocation to be sent to the holder of the permit and the holder of the permit shall
immediately cease any use of the property that was based on the Conditional Use
Permit. Violation of this clause shall invoke Section 17.78.030.
2. If the City Council revokes a permit under this section, the holder of the permit
shall have a right to appeal the revocation. The holder must file the appeal with the City
Ordinance #2008-05 Page 5 of 8
Recorder within fifteen (15) days of the date of the notice that the City has revoked the
Conditional Use Permit.
3. Upon receipt of the appeal, the City Council shall set a hearing on the appeal at
its next regularly scheduled meeting which is more than fifteen (15) days after the
time the City Recorder received the appeal. The City shall supply the permit
holder of the time, date and place of the hearing at least fifteen (15) days before
the hearing. At the hearing, the permit holder shall have the right to be heard on
the revocation.
(m) Appeals.
a. Any person, adversely affected by the final decision of the City Council pursuant to this
Chapter may appeal that decision to the Grand County District Court.
b. A judicial action seeking review of a decision by the City Council must be filed no later than
thirty (30) days from the date of the final decision that is the subject of the action or legal claim.
Any action commenced beyond that time shall be subject to summary dismissal.
c. Review of any conditional use permit application shall be based upon the record of
proceedings before City Council. Upon the commencement of a judicial appeal challenging any
decision under this Chapter, the City shall transmit to the District Court true and correct copies
of all submittals, testimony, orders, and file documents comprising the record pertaining to the
application, including any transcript or tape recordings of proceedings.
17.09.531 Conditions for approval of specific conditional uses
A) In addition to the standards and requirements listed above, special attention will be
focused on the following review criteria for the specific conditional uses listed below.
1. 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 the planning commission, values in the area will be
safeguarded.
2. Moved Buildings.
A. No building shall be moved within the city which building has had prior
use, without an application being filed with the Zoning Administrator.
Such application shall contain the following information:
1. Location and address of the old and new site;
2. Plot plan of the new location, also showing adjacent lots on all sides of the
property and indicating all structures and improvements on such lots;
3. Plans and specifications for the proposed improvements at the new locations,
including plans for landscaping treatment when required by the zoning
Ordinance #2008-05 Page 6 of 8
administrator;
4. Certification by the Building Inspector that the structure is sound enough to be
moved and that the condition, location and use of the building will comply with the
zoning ordinance and all other applicable codes and ordinances.
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 planning 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.
3. Utility provider structures and buildings. Water, sewer lines and electric substations
and structures may be constructed in all residential zones subject to the approval of the
planning commission. The planning commission may require conditions which are
reasonably necessary to protect surrounding property values and residential amenities.
4. Transition Uses. 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.
5. Twin Homes. The planning commission may approve twin -home ownership as defined
in subdivision e of subsection 17 of Section 17.06.020 (definition of dwelling, two-family)
of any two-family dwellings where two-family dwellings are a permitted use in a particular
zone; such approval to be subject to such conditions as deemed necessary under
section 17.09.530 (h).
Ordinance #2008-05 Page 7 of 8
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab
City Council on April 22, 2008.
SIGNE
David L. Sakrison, Mayor
Rachel Ellison, Recorder
Ordinance #2008-05 Page 8 of 8
CITY OF MOA13-
ORDINANCES
#2008-05
AND #2008-14
AN ORDINANCE TO
AMEND TITLE 17,00
ZONING,
SPECIFICALLY
CHAPTER 17.09.530,.-
CONDITIONAL
USES, BY
PROVIDING ^-r .
LANGUAGE THAT
CONTAINSREVIEW
CRITERIAAND.
OUTLINING A
PROCESS FOR RE-
VIEW OF
APPLICATIONS
• AND -
AN ORDINANCE TO
AMEND TITLE 17.20,
C-1,
COMMERCIAL -
RESIDENTIAL ZONE,
TO PERMIT DRIVE -
UP WINDOWS AS A
@ONDITIONAL USE
FOR FINANCIAL
INSTITUTIONS
Ordinances
#2008-05 and #2008-
14 were adopted at
a Regular City Coun-
cil . Meeting held on .,r
April 22, 2008 at thee
Moab City Council;:
Chambers, 217 East
Center Street, Moah,' w`.
Utah 84532. Complete
copies of Ordinances
#2008-05 and #2008-
14 are available online
at: www.moabeity.org
or at the City of Moab
Recorder's Office
at 217 East Center
Street. Moab, Utah
84532.
Isl Rachel Ellison,
City Recorder
Published in The
Times -Independent,
Moab, Utah May 1,
2008.
Proof of Publication
STATE OF UTAH,
County of Grand,
)
SS.
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
Ordinances #2008-05 & #2008-14
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 May 1, 2008
; 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 PUBLIC'
SADIE WARNER
4481 Easy Street
Moab, Utah 84532
My Commission Expires
November 18.2009
STATE' OF UTAH
crnr OF Mdlitr
PLANNING
COMMISSION
Pil<BI<:.IG HEARING
PROPOSED
ORDINANCE 2008-05.1
The City of Moab
'Planning Commis-
sion will hold a Public
Hearing on Thursday,
M arch 13, 2008 at ap-
proximately .6:00 p.m.
in the Council Char
bers of the Moab. City-:
Offices at, 217 East-,
Center Street, Moab, 1.
Utah.
The purpose of
this Public Hearing, is
to solicit public input on
proposed Ordinance
2008-05, an ordinance
amending Title 17,00,
Zoning, specifically
Chapter 17,09.530,
Conditional Uses, by
providing language
that contains review
criteria and outlining a
process for review of
applications.
The proposed or-
dinance is available
for public review at the
Moab City Planning
Office located at 217
East Center Street and
on the websfte at www.
moabcityor"g Written
public comment may
be directed to the Plan-
ning Department at the
listed address and will
be accepted until noon
on the day of the pub-
lidhearing.
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 February
28 and March 6, 2008.
l
Proof of Publication
STATE OF UTAH,
County of Grand,
)
)
SS.
Zane W. Taylor, being first duly sworn accord-
ing to law, deposes and says: That he is the pubisher of
The Times -Independent, a weeldy newspaper of general
circulation, published every Thursday at Moab, Grand
County, State of Utah; that the notice
City of Moab
Ordinance 2008-05 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 February 28, 2008
; and the last on March 6, 2008
; 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.
ublisher
Subscribed and sworn before me this
3e,„9/L)
Notary Public
Residing in Moab, Utah
My Commission Expires
NOTARY PUBL1('
SADIE WARNER
4481 Easy Street
Moab, Utah 84532
My Commission Expires
November 18, 2009
STATE OF UTAH